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Legal Notice and Terms of Use

These Terms of Use govern your use of this site, which is provided by Merit Medical Systems, Inc. (“Merit Medical”). Please read and review these Terms of Use before accessing or using this site. By accessing or using this site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use without limitation or qualification. Please review these Terms of Use each time you access this site. Merit Medical may change these Terms of Use at any time in its discretion. By accessing or using this site, it means you accept the most recent version of the Terms of Use. If you do not agree to follow and be bound by these Terms of Use, you may not access or use this site in any way.

Access To This Site

You may be asked to provide certain registration details or other information to access this site or to access some of the resources on this site. You agree that all of the information you provide on this site will be correct, current, and complete. If Merit Medical believes that the information you provide is not correct, current, or complete, Merit Medical has the right to refuse you access to this site or any of its resources and to suspend or terminate your access at any time.

Certain areas of this site may contain information intended for licensed medical professionals or others with certain qualifications. Merit Medical reserves the right to limit access to certain areas of this site to users who register and meet certain criteria established by Merit Medical.

Ordering Products

If you order products directly from Merit Medical using this site, you represent and warrant that you are doing so in compliance with all applicable laws, rules, regulations, requirements and ordinances of all governmental authorities regarding the sale, use, export and import of medical devices. Your purchase of such products will be subject to Merit’s standard terms and conditions of purchase located at www.merit.com/legal/invoice-terms.aspx in the absence of a separate, signed agreement with Merit Medical governing your purchase of products.

Content Ownership

All of the contents of this site (the “Contents”), including but not limited to text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and the like, are owned by Merit Medical. Merit Medical retains all right, title, and interest in and to the Contents. The Contents of this site, including the selection, arrangement, and look and feel, are protected by copyright and trademark laws of the United States and by international treaties and conventions.

You may not copy, distribute, modify, republish, download, post, display, perform, add to, abridge, compile, adapt, translate, modify, create any derivative work, update, broadcast, or otherwise transmit any of the Contents in any way without the express prior written consent of Merit Medical, except that you may download or print a copy of portions of the Contents for your personal, noncommercial use or for the lawful and appropriate advancement of your business dealings with Merit. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, or other proprietary notice appearing in any of the Contents. Modification or use of Contents other than as provided in these Terms of Use violates the intellectual property rights of Merit Medical or the party that provided the Contents to Merit Medical. No right, title, license or other interest in any of the Contents or any patent, trademark, copyright or other intellectual property is transferred to you by your access to this site, by implication, estoppel or otherwise, and Merit Medical, or the party that provided the Contents, retains all right, title, and interest in anything that you print or download from the site.

You may not access, download, or use this site or any of its Contents in violation of the export laws and regulations of the United States or any other applicable law.

Trademarks

All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively “Marks”) appearing on this site are the property of Merit Medical, unless otherwise noted. Merit Medical retains any and all rights in its Marks, and you may not use any of those Marks without the prior written authorization of Merit Medical, except for the sole purpose of properly identifying products or services originating from Merit Medical. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, Merit Medical without Merit Medical’s prior written consent. The use or misuse of these Marks or any other materials, except as expressly permitted herein, is prohibited and may be in violation of state and federal law. Be advised that Merit Medical actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Links to Other Sites

This site may contain hyperlinks or references to other sites that are not maintained by, or related to, Merit Medical and over whom Merit Medical has no control. Merit Medical provides hyperlinks to other sites as a convenience to users, and such sites are not sponsored by or affiliated with this site or Merit Medical. Merit Medical has not reviewed the content of such sites and is not responsible for the contents of any of those sites. Merit Medical makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this site and shall have no liability for any damages or injuries of any kind arising from the content or information of such sites. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement or recommendation by Merit Medical of that site or the content or information contained therein.

Medical Information

Nothing on this site is intended to provide medical advice. This site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. ALWAYS CONSULT YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL ABOUT ANY MEDICAL CONDITION YOU MAY HAVE OR ANY MEDICAL TREATMENT YOU MAY BE CONSIDERING.

Global Reach

While the reach of the Internet is global, some or all of Merit Medical’s products and services may not be available in some countries because of differences in applicable laws and regulations. For that reason, this site may contain references to Merit Medical products or services that are not available in your country. Merit Medical makes no representation, express or implied, that any such products or services will hereafter be made available in your country. You may direct inquiries regarding the availability of products in your country to www.merit.com/contact/.

Submissions

Merit Medical welcomes your comments and suggestions. Please be advised, however, that Merit Medical will not be required to treat any comments, suggestions, ideas, materials, information, or other content that you submit to Merit Medical through this site (a “Submission”) as confidential or proprietary and Merit Medical will have no obligation of any kind with respect to such Submission. You should not make any Submission that contains any materials, information, ideas, or other content that you do not want to assign to Merit Medical for its sole benefit and use, including any original ideas, works, or materials or any confidential information. By making a Submission, and as consideration for your use of this site, you agree to assign to Merit Medical, without charge or remuneration, all worldwide right, title, and interest (including all copyrights and other intellectual property rights in any and all forms, media, and technologies now known or hereafter developed) in all materials, ideas, information, and other content contained in your Submission. As owner of all Submissions to this site, Merit Medical may use, reproduce, modify, adapt, publish, translate, distribute, perform and display any and all content thereof in its business (including, for example, for products or advertising) and in its other endeavors, without incurring any liability for royalties or for any other compensation or consideration of any kind.

Restrictions on Submissions

Merit Medical specifically forbids Submissions containing information, material or content which:

  • you do not have the right to post, including proprietary material of any third party or that includes insider information;
  • promotes activity that is unlawful under the laws of any jurisdiction to which you or Merit Medical are subject;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, is racist, abusive, advocates violence, is harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • is falsified, deceptive or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the content, or lacking author attribution, copyright notice, or any other information necessary to make the content not misleading;
  • holds Merit Medical or any of its affiliates, employees or shareholders up to public scorn or ridicule;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

The foregoing list is not necessarily exhaustive of the type of content we may deem inappropriate in our discretion. Merit Medical reserves the right to monitor your use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason in its sole discretion. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Merit Medical nor any third party that provides any of the Contents to Merit Medical will assume or have any liability for any action or inaction by Merit Medical or such third party with respect to any such Submission.

Disclaimers

YOU USE THIS SITE AT YOUR OWN RISK. ITS CONTENTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MERIT MEDICAL HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MERIT MEDICAL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MERIT MEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENTS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MERIT MEDICAL MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT AT ANY TIME. YOU, AND NOT MERIT MEDICAL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF YOUR LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENTS. ANY AND ALL WARRANTIES THAT ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW ARE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Limitation Of Liability

MERIT MEDICAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF MERIT MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold Merit Medical, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, and contractors (“Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Contents other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from and against any and all resulting claims, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees, including but not limited to those of the Indemnified Parties (“Claims”). You also agree to indemnify and hold the Indemnified Parties harmless from and against any and all Claims arising out of your use of any information or other Contents accessed from this site or any Submission that you make, or cause to be made, to this site.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Merit Medical is entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Merit Medical considers insecure, Merit Medical has the right to require the password to be changed or to terminate your access.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with this site is strictly prohibited. If you become involved in any violation of system security, Merit Medical reserves the right to release your details to system administrators at other sites in order to assist them in resolving or preventing security incidents. Merit Medical reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, as Merit Medical may determine appropriate in its sole discretion. You agree that any termination of your access to the site may occur without prior notice to you.

Merit Medical reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing Merit Medical to disclose the identity of, or other information about, anyone posting any e-mail messages or publishing or otherwise making available on this site any materials that are believed to violate these Terms of Use or applicable law.

BY USING THIS SITE AND ACCEPTING THESE TERMS OF USE, YOU HEREBY WAIVE AND AGREE TO RELEASE AND HOLD HARMLESS MERIT MEDICAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY MERIT MEDICAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS DURING OR AS A RESULT OF INVESTIGATIONS WITH RESPECT TO THE USE OF THIS SITE AND FROM ANY AND ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY MERIT MEDICAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, OR BY ANY LAW ENFORCEMENT AUTHORITIES.

Forward Looking Statements

The Contents of this site are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, notices, or other materials provided by Merit Medical. Investors, borrowers, and other persons should use the Contents in the same manner as any other educational medium and should not rely on the Contents to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and not meant to be exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals or particular needs.

The site may contain “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. You can identify these statements by the fact that they do not relate strictly to historic or current facts. In particular, forward-looking statements may relate to prospective products or product approvals, future performance or results of current and anticipated products, sales efforts, expenses, the outcome of contingencies, such as legal proceedings, and financial results. Because actual results are affected by risks and uncertainties, Merit Medical cautions investors that actual results may differ materially from those expressed or implied. It is not possible to predict or identify all such risks, uncertainties and factors that could cause the actual results to differ materially from expected and historical results. A list and description of these risks, uncertainties and other factors can be found in Merit Medical’s 10-K and 10-Q reports filed from time to time with the SEC. Merit Medical assumes no obligation to update forward looking statements as circumstances change. You are advised however to consult any further disclosures that Merit Medical makes on related subjects in its 10-K, 10-Q and 8-K reports.

Other Jurisdictions

This site and its Contents are intended to comply with applicable laws and regulations in the U.S. Although the information on this site is accessible to users outside of the U.S., the information on the site pertaining to Merit Medical products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site may link to other sites produced by Merit Medical’s operating divisions and subsidiaries, some of which are outside the U.S. Those sites may have information that is appropriate only to that particular originating country. Merit Medical reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this site is void where prohibited.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without reference to any of the choice of law provisions thereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Salt Lake City, Utah and you specifically consent to personal jurisdiction in the State of Utah.

If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severed and will not affect the enforceability or validity of any remaining provisions. These Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on this site will govern the items to which they pertain.

Last updated: June 2010

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