Terms and Conditions

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**TERMS OF USE**

**MXS Medical Online Terms of Use**

Effective Date of these Online Terms of Use: September 2023

These Online Terms of Use govern your access to websites controlled by MXS Medical, including its subsidiaries and affiliates (together referred to as “MXS Medical”), which link to these Online Terms of Use (together referred to as “MXS Medical Websites”). Your use of MXS Medical Websites is subject to these Online Terms of Use and the Privacy Policy.

Without prejudice to your rights under applicable law, MXS Medical reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes, and good business practices. If MXS Medical changes these Online Terms of Use, an updated version will reflect those changes, and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the MXS Medical Websites, you agree that you have read, understand, and agree to be bound by the current version of these Online Terms of Use.

**DISCLAIMERS**

You acknowledge and agree that:

- Although we strive to provide on the MXS Medical Websites the latest developments relating to our products and services and other information about MXS Medical, to the extent permitted by law and subject to the “Limitation of Liability” clause below:

  - We do not warrant the accuracy, effectiveness, and suitability of any information contained on the MXS Medical Websites.

  - Each person assumes full responsibility and all risks arising from the use of the MXS Medical Websites.

  - The information is presented “AS IS” and may include technical inaccuracies or typographical errors. MXS Medical reserves the right to make additions, deletions, or modifications to the information contained on the MXS Medical Websites at any time without any prior notification.

- TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THE “LIMITATION OF LIABILITY” CLAUSE BELOW:

  - MXS Medical makes no representations or warranties of any kind or nature with respect to the information or content posted on the MXS Medical Websites.

  - MXS Medical hereby disclaims all representations and warranties, whether express or implied, created by law, contract, or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

  - In no event shall MXS Medical be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special, consequential, or incidental damages, loss of profits, revenue, interest, goodwill, loss or corruption of data, or for any loss of or interruption to your business, arising from or in connection with the existence or use of the MXS Medical Websites, and/or the information or content posted on the MXS Medical Websites, regardless of whether MXS Medical has been advised as to the possibility of such damages.

MXS Medical is not responsible and provides no warranty whatsoever for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the MXS Medical Websites, MXS Medical will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on the MXS Medical Websites. Such information should, therefore, be considered suspect and is not endorsed by MXS Medical.

The MXS Medical Websites may contain forward-looking statements that reflect MXS Medical’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors, including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. MXS Medical intends to update the MXS Medical Websites on a regular basis but assumes no obligation to update any of the content.

**YOUR USE**

You understand, acknowledge, and agree to the following:

- By using the MXS Medical Websites, you agree not to disrupt or intercept our electronic information posted on the MXS Medical Websites or on any of our servers. You also agree not to attempt to circumvent any security features of the MXS Medical Websites and to abide by all applicable local, state, federal, and international laws, rules, and regulations.

- You grant to MXS Medical the right to use all content you upload or otherwise transmit to the MXS Medical Websites, subject to these Online Terms of Use and MXS Medical’s Privacy Policy, in any manner MXS Medical chooses, including, but not limited to, copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. To the extent allowed by applicable law, you waive any moral rights you may have to content you upload or otherwise transmit to the MXS Medical Websites (if any).

- Except as expressly stated and agreed upon in advance by MXS Medical, no confidential relationship shall be established in the event that any user of the MXS Medical Websites should make any oral, written, or electronic communication to MXS Medical (such as feedback, questions, comments, suggestions, ideas, etc.). If any MXS Medical Websites require or request such information, and that information contains personal identifying information (e.g., name, address, phone number, email address), MXS Medical shall obtain, use, and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and MXS Medical shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever, including, without limitation, the research, development, manufacture, use, or sale of products incorporating such information. The sender of any information to MXS Medical is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

GENERAL

You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The MXS Medical Web Sites were created and are operated under the laws of United States. The laws of United States will control the terms provided in these Online Terms and Conditions, to the extent that the laws of the State of Texas are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect. These Online Terms of Use govern your access to web sites controlled by Abbott Laboratories, including its subsidiaries and affiliates (together referred to as “MXS Medical”), which link to these Online Terms of Use (together referred to as “MXS Medical Web Sites”).  Duplicate of content in Para 1. Duplicate of content in Para 2