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Terms and Conditions

Welcome to the www.Respironics.com web site (the “Site”) provided by Respironics, Inc., and its affiliated companies worldwide (“Respironics”). This Agreement contains the terms, covenants, conditions, and provisions upon which you may access and use this Site and the information and materials found on this Site.

By accessing, viewing, or using this Site, you, the user, indicate that you understand and intend these Terms and Conditions and the Online Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms and Conditions and the Online Privacy Policy. Please note that Respironics reserves the right to change the Terms and Conditions and the Online Privacy Policy under which this Site operates. We reserve the right to change these Terms and Conditions without notice. These conditions set out the entire agreement between Respironics and you relating to your use of this Site. We encourage you to review these Terms and Conditions whenever you visit our Site to make sure you are aware of the current Terms and Conditions. Your continued use of this Site following such modifications will constitute your acceptance of such changes.

1. Disclaimer. Materials on this Site have been prepared by Respironics for general informational purposes only. These materials do not, and are not intended to, constitute medical or investment advice. You should not act, or refrain from acting, based upon any information on this Site.

2. Grant of License. This Agreement provides you, the user, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a user may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all users warrant to Respironics that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the foregoing license, please contact Respironics at 724-387-5200. Any rights not expressly granted herein are reserved.

3. Security and Confidentiality. No user can expect that use of this Site will be confidential nor that communications with Respironics will be either confidential or secure unless otherwise specified.

4. Submitted Content: Suggestions, Ideas and Contributions. Respironics encourages the submission of ideas, suggestions and contributions from it clients and customers. All submissions are bound by the terms set forth herein, unless otherwise specified by Respironics in a written document. Submitters grant Respironics an unlimited license to use, retain, handle or dispose of submitted materials. Submitters grant Respironics the right to use their name and likeness in association with the use or disposition of submitted materials and agree that there may be no claim for infringement of misappropriation of any kind. Submissions to Respironics are not treated as confidential. Any person who makes a submission acknowledges that such a submission may be used by Respironics in any manner whatsoever that Respironics deems, without any consideration for the source of the submission nor any liability arising out of Respironics handling of the submission.

Submitters retain no proprietary interest in submitted materials. Respironics may claim ownership to the submission and is otherwise granted an unrestricted license to the submission. No submitter may claim to have been injured by Respironics’ use or handling of a submission and no liability may attach to Respironics from such use.

5. Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas) and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Respironics does not grant any express or implied right(s) to Users of this Site. Please be aware that Respironics actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are copyright protected © 2004 Respironics and its Affiliates All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Respironics also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site’s content.

The trademark RESPIRONICS® and all other names, logos, and icons identifying Respironics and/or Respironics’ products and services are proprietary marks of Respironics. Other product and company names mentioned herein may be the trademarks of their respective owners.

6. Copyright and Intellectual Property Agent for Notice. The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Respironics with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

The Respironics contact person for notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows: 724-387-5200 (telephone); 1010 Murry Ridge Lane, Murrysville, PA 15668 (Mailing Address).

7. Links to Other Sites. Respironics may provide links, in its sole discretion, to other sites on the Internet for the convenience of its users in locating related information and services. These sites have not necessarily been reviewed by Respironics and are maintained by third parties over which Respironics exercises no control. Accordingly, Respironics expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.

8. Investor Information. All users of this Site should refer to the most recent filings by Respironics with the Securities and Exchange Commission for information related to Respironics’ finances, structure and business practices. Any and all investments are the sole responsibility of the entity, individual or agency making the investment, which bears all risk for the outcome of the investment decision.

Forward Looking Statements contained on this Site are to be used as a convenient comparative basis only. Any direct or inferential statements about the future performance or direction of Respironics are predictions based upon changing conditions and risks. The eventual success or failure of any Respironics enterprise cannot be predicted, promised or guaranteed. All parties understand that information on this Site is not to be relied upon for prediction of Respironics as an ongoing business concern or investment possibility. For a complete discussion of Forward Looking Statements, refer to the applicable SEC filings containing required disclosures regarding Respironics’ business plans and financial outlook.

No part of this Site is intended or should be construed as an offer, recommendation or solicitation to invest in Respironics in any way. Investors must be especially mindful that they are wholly responsible for their own investment decisions without regard to the source, quantity or quality of any information that the investor may deem to rely upon in making an investment decision. No presentation or availability of information made by Respironics from this Site should be used in making such a decision nor be construed as a source of reliable information for such a purpose.

9. DISCLAIMERS. WHILE RESPIRONICS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, RESPIRONICS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.

YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. RESPIRONICS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL RESPIRONICS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RESPIRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

10. Governing Law. This Agreement will be governed by the laws of the Commonwealth of Pennsylvania without giving effect to the choice of law provisions thereof and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the Allegheny County, Commonwealth of Pennsylvania.