Legal Notices and Terms of Use

©2000, 2002 Merit Medical Systems, Inc. All Rights Reserved.

IMPORTANT! These Terms of Use govern your use of this site, which is provided by Merit Medical Systems, Inc. (“Merit Medical”). By accessing this site, you agree to be bound by these Terms of Use. Merit Medical may change these Terms of Use at any time in its discretion. Your use of this site after Merit Medical makes any changes constitutes your acknowledgment and acceptance of the changes. Please review these Terms of Use regularly. 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.

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 and/or the party that provided the Contents to Merit Medical. Merit Medical or the party providing the Contents to Merit Medical retains all right, title, and interest in the Contents. The Contents of this site, including the selection, arrangement, and look and feel, are protected by the 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, 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, or interest in any of the Contents is transferred to you by your access to this site, and Merit Medical or the party that provided the Contents retains all right, title, and interest in anything that you print or download.

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.

Other Restrictions On Use

Nothing on this site is intended to provide medical advice. 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. This site is for informational purposes only, and Merit Medical does not intend this site to be used in any manner for medical diagnosis.

Links to Other Sites

Merit Medical may hyperlink this site to other sites that are not maintained by, or related to, Merit Medical. Merit Medical provides hyperlinks to other sites as a service to users, and such sites are not sponsored by or affiliated with this site or Merit Medical. Merit Medical has not reviewed any or all of such sites and is not responsible for any of the contents 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. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement by Merit Medical of that site.

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 to www.merit.com.

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. 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 that are 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.

Merit Medical will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Disclaimers

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.

YOU USE THIS SITE AT YOUR OWN RISK. ITs Contents are provided “as is,” without warranties of any kind, either expressed 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 contentS may include technical inaccuracies or typographical errors, and Merit Medical may make changes or improvements 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. MERIT MEDICAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF ANY OF THE CONTENTS ON THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND MERIT MEDICAL ASSUMES NO RESPONSIBILITY OR LIAILITY FOR ERRORS OR OMISSIONS IN ANY SUCH 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 SHORTEST PERIOD ALLOWED BY APPLICABLE LAW.

All of the information on this site, whether historical in nature or forward-looking, speaks only as of the date that Merit Medical posts the information on this site, and Merit Medical undertakes no obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate, up-to-date, or complete. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by Merit Medical based on assumptions and estimates that Merit Medical believes are reasonable but that are inherently uncertain and difficult to predict. Actual results may differ materially from any forward-looking statements included in this site.

Limitation On 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 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.

Trademarks

All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively “Marks”) appearing in 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 express prior written consent.

Restrictions on Submissions

· you do not have the right to post, including proprietary material of any third party;

· advocates illegal activity or discusses an intent to commit an illegal act;

· is vulgar, obscene, pornographic, or indecent;

· does not pertain directly to this site;

· threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, 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 or otherwise manipulates headers or identifiers to disguise the origin of the content;

· 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;

· 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.

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.

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 in its sole discretion.

Merit Medical reserves the right to cooperate fully with any 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.

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. You specifically consent to personal jurisdiction in the State of Utahin connection with any and disputes between you and Merit Medical arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. 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. 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: December 2002