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Terms of Use

Welcome to the myoscience, Inc. ("myoscience") web site. Myoscience maintains this Web Site to provide information to and communicate better with physicians, patients, investors, and others who may be interested in learning more about myoscience and the products and services it offers. You may use this Web Site, provided you comply with these terms and conditions.

Your Acceptance of These Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By accessing and using this Web Site you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this Web Site.

These Terms and Conditions May Change

Myoscience reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Web Site. These terms and conditions were last revised on August 25, 2011.

Copyright Notice and Limited License

Everything you see and hear on this Web Site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by myoscience or by one of its affiliates, or by third parties who have licensed their materials to myoscience. The entire Content of this Web Site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Myoscience owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Web Site, provided you:
Only use the Content you download for your personal, noncommercial use or to further your business dealings with myoscience.
Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of myoscience.
Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of myoscience.
Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. No right, title or interest in the downloaded Content is transferred to you when you download Content from this Web Site. Myoscience reserves all intellectual property rights in any Content you download from this Web Site. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from myoscience.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Web Site (the "Trademark(s)") are registered and unregistered trademarks of myoscience, one of its affiliates, or third parties who have licensed their Trademarks to myoscience or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining myoscience's written permission.

Unsolicited Ideas

Myoscience welcomes your comments and feedback regarding this Web Site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to myoscience through this Web Site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to myoscience through this Web Site, you assign to myoscience, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Myoscience will be entitled to use any information or materials you submit through this Web Site for any purpose whatsoever subject to our Privacy Policy, without restriction and without compensating you in any way.

Website Privacy Policy

Click here to view the myoscience Web Site Privacy Policy pertaining to the use of personal data collected through this Web Site, which is incorporated by reference as part of these Terms and Conditions.

Links to Other Web Sites

This site may contain hyperlinks to web sites that are not operated by myoscience. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party web sites or any association with their operators. Myoscience does not review or control these web sites and is not responsible for their content. Myoscience expressly disclaims any responsibility for the content of any third party web sites linked to our Web Site or the products or services of such third party. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. Myoscience does not make any representations regarding the content or accuracy of materials on such non-myoscience web sites or the products or services of any third party operating such web sites. You access and use these web sites (and the web sites to which they link) solely at your own risk.

Global Availability

Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This Web Site contains references or cross references to myoscience products, programs and services that may not available or announced in your country. These references do not imply that myoscience intends to announce such products, programs or services in your country. Consult your local myoscience sales representative or contact myoscience if you have questions about which products, programs and services may be available to you.

Not a Substitute for Medical Advice

The information provided on this Web Site is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this site is intended to be for medical diagnosis or treatment.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MYOSCIENCE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, MYOSCIENCE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. MYOSCIENCE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MYOSCIENCE IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. MYOSCIENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. MYOSCIENCE MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEB SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL MYOSCIENCE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF MYOSCIENCE OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNEN FORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MYOSCIENCE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MYOSCIENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE MATERIALS (INCLUDING SOFTWARE) OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT. MYOSCIENCE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.

Governing Law and Jurisdiction

This Web Site is controlled and operated by myoscience from its offices within the State of California in the United States. Any claim relating to these Terms and Conditions and/or the use of this Web Site shall be governed by the laws of California. By using this Web Site, you consent to personal jurisdiction in the federal and state courts of California for any action arising out of or relating to this Web Site, these Terms and Conditions or your use of this Web Site. The federal and state courts of California shall have exclusive jurisdiction over all such actions.

Severability and No Waiver

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement

This Agreement constitutes the entire agreement between you and myoscience with respect to your access to and/or use of this Web Site and shall not be modified except by myoscience as provided herein or through a written document signed by both parties.

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Our Privacy Policy

myoscience, Inc. ("myoscience") is committed to protecting your privacy. This Privacy Policy describes myoscience's current policies and practices with regard to personal data collected by myoscience through the myoscience.com web site (this "Web Site"). The term "personal data" refers to personally identifiable information about you, such as your name, birth date, e-mail address or mailing address, and any other information that is identified with you personally. By using our Web Site, you consent to the collection and use of this information as described herein.

Notification of Changes to this Policy

Myoscience is continually improving and adding new functionality and features to this Web Site and improving and adding to our existing products, services and programs. Because of these ongoing changes, changes in the law and the changing nature of technology, myoscience's data practices will change from time to time. If and when our data practices change, myoscience will post the changes on this page of our Web Site to notify you of the changes. We encourage you to check this page frequently by clicking on the Privacy Policy link on any page of our Web Site. This policy was last updated on August 25, 2011.

Personal Data Collected through myoscience.com

The only personal data myoscience currently collects through this Web Site is the information you send to us when you contact myoscience with your questions and comments through the Contact Us page on this Web Site. When you send us an e-mail through that page, we ask you for your name and other contact information, including, for example, your company's name, your e-mail address, and your mailing address or the mailing address of your company.

Use of Personal Data Collected through myoscience.com.

Myoscience does not sell, trade or rent your personal information to others. Myoscience uses the information you provide to respond to your e-mail, answer your question or resolve your problem. Myoscience and our affiliates also use this information to help us improve the content and functionality of our web sites, to better understand our customers and markets, and to improve our products and services. Myoscience and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications.

Anonymous Data Collected through myoscience.com

In addition to the information you provide when you use our Web Site, myoscience uses technology to collect anonymous information about the use of our Web Site. For example, we use technology to track how many visitors access our Web Site, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which Web browsers our visitors use and the address from which they accessed our site (for example, if they connected to myoscience.com by clicking on one of our banner ads). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our Web Site. Myoscience and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our web sites, to better understand our customers and markets, and to improve our products and services.

Cookies

In order to collect the anonymous data described in the preceding paragraph, myoscience may use temporary "cookies" that collect the first level domain name of the user (for example, if your e-mail address is "bob@xyz.com," the cookie collects the "xyz.com" portion of your e-mail address) and the date and time you accessed this Web Site. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer's hard drive. Cookies keep track of non-personal information such as the URL that you came from and go to next, your navigation through the website (for example, the advertisements that you click on), the browser and operating system that you use, and your IP address. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. At the present time, myoscience only uses temporary or "session" cookies. These cookies expire when your browser window is closed.

Disclosure of Your Personal Data

Myoscience may share some or all of the personal data collected through this Web site with our affiliates, who will only use this data in accordance with this Privacy Policy. Both Myoscience and our affiliates may share personal data collected through this Web Site with third-party vendors who act for or on behalf of myoscience or our affiliates, for example, companies that provide support services to us, including data processing services, or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose. In addition, there may be some other, limited circumstances in which myoscience or our affiliates may share or transfer the personal data in our databases, for example, to comply with a legal requirement to enforce the Terms and Conditions governing the use of this Web Site, to protect your interests, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.

Children

Myoscience does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not give us any personal data. If you have reason to believe that a child under the age of thirteen has provided personal data to myoscience, please contact us, and we will endeavor to delete that information from our databases.

Link to Other Sites

This Privacy Policy applies only to myoscience.com. Myoscience and our affiliates operate many different types of web sites for different purposes and in different countries where different laws may apply. If you visit another myoscience or one of our affiliates' web site, please take a moment to review the privacy policy posted on that site to learn what personal data may be collected through that site and how it is processed. Myoscience.com contains hyperlinks to web sites that are not operated by myoscience or one of our affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party web sites or any association with their operators. Myoscience does not control these web sites and is not responsible for their data practices. We urge you to review the privacy policy posted on any web site you visit before using the site or providing any personal data about yourself.

Governing Law

This Privacy Policy forms part of our Web Site Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the California as further provided in the Terms and Conditions.

Questions About Our Privacy Policy

If you have any questions about this Privacy Policy or concerns about the way myoscience processes your personal data, please contact us.

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