These Terms of Use describe rules for visitors to www.essure.com (“Our Site”). PLEASE READ THESE TERMS OF USE CAREFULLY. Our Site is owned and operated by Conceptus, Inc (“Conceptus”). These Terms of Use do not apply to Conceptus’ other web sites. You should review the terms of use posted on other Conceptus and Essure web sites when you visit them.

These Terms of Use were last updated on October 31, 2002. We may change and update these Terms of Use at any time by posting the amended Terms of Use on Our Site. Please review the Terms of Use each time you visit Our Site. By using Our Site, it means you accept and agree to the most recent version of the Terms of Use and of the Privacy Policy on Our Site.

The information on Our Site relates to products and services offered by Conceptus. The materials on Our Site are for your general educational information only. Information you read on Our Site cannot replace the relationship that you have with your health care professional. Conceptus does not practice medicine or provide medical services or advice, and the information on Our Site should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment.

Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

Our Site contains information about products authorized in the United States, and is intended for people who live in the United States. If you live outside the United States, you may see information on Our Site about products that are not available or authorized in your country.

The materials on Our Site belong to or are licensed to Conceptus. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on Our Site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on Our Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on Our Site, and these names are protected by United States and foreign trademark laws. An [reg] following a name on Our Site indicates that the trademark has been registered in the United States. A ™ following a name on Our Site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of Our Site. These special rules will be posted near the materials.

If you use the materials or trademarks on Our Site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use Our Site. Title to the materials remains with us or with the authors of the materials contained on Our Site. All rights not expressly granted are reserved.

You are hereby granted a non-exclusive, limited, and revocable license to link to Our Site. Conceptus reserves the right to revoke this license generally, or your right to use specific links, at any time. If Conceptus revokes this license, you agree to remove and disable any and all of your links to Our Site immediately.

You agree not to present the link to Our Site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” Our Site or any of its content or copy portions of Our Site to a server. You agree not to display or use the Conceptus or Essure logos or trademarks in any manner without our prior written permission.

Our Site may contain links to web sites not operated by Conceptus. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These other web sites may contain information about uses of Conceptus products that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those other web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

CONCEPTUS PROVIDES OUR SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CONCEPTUS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONCEPTUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM OUR SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

YOU AGREE THAT NEITHER CONCEPTUS NOR ANY PERSON OR COMPANY ASSOCIATED WITH CONCEPTUS SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR SITE OR THE MATERIALS ON OUR SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS CONCEPTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON OUR SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

In addition to the rules in these Terms of Use and the Privacy Policy on Our Site, you may be subject to additional terms that may apply when you access particular services or materials on certain areas on Our Site, such as when you register to receive materials. Please read our Privacy Policy to learn how we protect and use information that we gather through Our Site.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to indemnify, defend, and hold harmless Conceptus against any liability for that harm.

You and Conceptus are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use shall be governed in all respects by the laws of the State of California. We do not guarantee continuous, uninterrupted or secure access to Our Site, and operation of Our Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Conceptus, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.