SlimLipo by Palomar - Legal Content

Please read the following Palomar Medical Technologies, Inc. ("Palomar") legal notices and information carefully before using this website ("Provider Locator"). This Provider Locator is provided as a reference of demographic and professional information about owners of Palomar products in the United States and Canada only ("Providers"). By using this Provider Locator, you certify that you are at least 18 years of age, and you will act as the "User" in terms of this contract. Through use of this site, User acknowledge that User have read and understood and agree to be bound by these Terms & Conditions of Use, without limitation or qualification. If User does not accept these Terms & Conditions, please exit this Provider Locator immediately and do not access or use this Provider Locator. Palomar may revise these Terms & Conditions at anytime, without prior notice, by updating this posting. User should visit this page from time to time to review the then-current Terms & Conditions because continued use of this Provider Locator acknowledges User's acceptance of the Terms & Conditions posted as of the date of User's use. In the case of any violation of these Terms & Conditions, Palomar reserves the right to seek all remedies available by law and in equity for such violations.

Use of the Provider Locator

Palomar neither endorses nor makes any representation regarding the qualifications, capabilities, skill or competence of any Provider in the Provider Locator. To be clear, inclusion in the Provider Locator does not imply referral, recommendation or endorsement of a Provider by Palomar, nor does an omission of a Provider from the Provider Locator imply Palomar's disapproval. Palomar reserves the right, in its sole discretion and without liability, to add, remove, and modify Provider data and any content in the Provider Locator for any reason without notice to Provider or User.

User expressly agrees that use of the Provider Locator is at User's sole risk. ALL INFORMATION PROVIDED ON THIS PROVIDER LOCATOR, INCLUDING OPERATION OF THE PROVIDER LOCATOR, PROVIDER NFORMATION, CONTENT, MATERIALS, PRODUCTS, AND LINKS, IS PROVIDED "AS IS, WHERE IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PALOMAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

By using the Provider Locator, User understands that Palomar disclaims all responsibility, liabilities, and warranties, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for particular purpose, arising from use of the Provider Locator or treatment by a Provider.

User agrees and accepts that User assumes sole and full responsibility for communications with any Provider, and Palomar in no event shall be liable to Provider or to anyone for any decision made or action taken in reliance on Provider Locator information. Without limiting the foregoing, Palomar assumes no responsibility or liability for any claims, suits, losses, injuries, or damages that may result from the use of the Provider Locator or a Provider even if so advised.

In addition, Palomar makes no representations or guarantees that that Provider Locator or its content will be error free, comprehensive, up-to-date, accurate, or reliable. Provider Locator may include viruses that may infect User's computer equipment and Palomar assumes no responsibility for any damages that may result from such viruses. Palomar is under no obligation to compensate User or Provider for downtime, interruption or inaccessibility of this Provider Locator.

User represents and warrant that User's use of Palomar's Provider Locator and any of its content or information will be in accordance with these Terms and Conditions of Use, with any applicable laws and regulations, and with any other applicable policy or terms and conditions. Users are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" any information contained herein for commercial or any other purpose whatsoever. User specifically agree not to utilize any of the content provided in this Provider Locator in violation of any local, state, provincial, country, or governmental laws, rules, or regulation, including, but not limited to, those laws governing advertisement, consumer protection, and commercial marketing by telephone, facsimile, and internet communications.

Patent

This Provider Locator contains references to and descriptions of technology for which Palomar has filed for patent protection, including both methods and apparatuses. User are not granted any license to or right in any such technology or any pending patent applications or issued patents in the U.S. or any other country.

Copyright

All content on this Provider Locator, including text, graphics, logos, icons, images, audio clips, video clips, animations, and software, is the property of Palomar or its content suppliers and is protected by U.S. and international copyright laws and treaty provisions. The compilation (meaning the collection, arrangement, and assembly) of all content on this Provider Locator is the exclusive property of Palomar and is protected by U.S. and international copyright laws and treaty provisions. All software used on this Provider Locator is the property Palomar or its software suppliers and protected by U.S. and international copyright laws and treaty provisions.

Except as specifically stated, none of the material on this Provider Locator may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without Palomar's prior written permission. User also may not, without Palomar's prior written permission, "mirror" any material contained on this Provider Locator. User are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this Provider Locator for any public or commercial purposes. Permission is only granted for User to make a single copy of documents published by Palomar on this Provider Locator solely for informational and non-commercial use within User's organization; provided that User keep intact all copyright and other proprietary notices. No other use of the information or content provided on this Provider Locator is authorized.

Trademark

Palomar®, Aspire™, and SlimLipo™ are trademarks of Palomar in the U.S. and other countries. Slim ProcedureSM is a service mark of Palomar. All other trademarks, service marks, registered trademarks, or registered service marks may be the property of their respective owners. The Palomar trademarks may not be used in connection with any product or service that is not Palomar's in any manner that is likely to cause confusion to the public or in any manner that disparages or discredits Palomar.

Applicable Law

This Provider Locator is created and controlled by Palomar in the Commonwealth of Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will govern these Terms & Conditions, without reference to any principles of conflicts of laws. We reserve the right to make changes to the Provider Locator and to these Terms & Conditions at any time.

Compliance with Applicable Laws and Export Control Laws

Use of this Provider Locator is governed by all applicable federal, state, and local laws. All information available on this Provider Locator is subject to U.S. export control laws and may also be subject to the laws of the country where User reside. No content from this Provider Locator may be downloaded or otherwise exported in violation of any law. Palomar makes no representation that the material contained in this Provider Locator is appropriate or available in locations outside the U.S. All Palomar products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-19.

Jurisdiction and Choice of Law

This agreement and all claims or issues regarding this Provider Locator, shall be governed according to the laws of the State of Massachusetts. Any legal action concerning these Terms & Conditions or this Provider Locator must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Massachusetts.

INDEMNIFICATION

User agree to defend, indemnify and hold Palomar, and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless against and from any and all claims, actions, liability, and expenses (including settlements, judgments, court costs, and reasonable attorneys' and accountants' fees, regardless of the outcome of such claim or action) caused by, arising out of, resulting from, User's use of this Provider Locator, including, but not limited, User's breach or violation of these Terms and Conditions and use of a Provider. Upon notice from Palomar, User will resist and defend at User's own expense, and by counsel reasonably satisfactory to Palomar, any such claim or action.

Disclaimer about Third Party Products

Palomar does not endorse or guarantee the quality, accuracy, appropriateness, or effectiveness of any third party product, service, or marketing program ("Third Party Product"). User agrees that with regard to any Third Party Product referenced or linked to in this Provider Locator, User shall enter into a separate contract with such third party and Palomar shall have no obligation or liability to User with respect thereto. Participation in, use of, or reliance on any Third Party Product is at User's own risk. User agrees that its use of this Provider Locator or Palomar product or service is not contingent on the purchase, entry into or use of any Third Party Product.

Links to Third Party Websites

This Provider Locator may provide links or references to third party websites. Palomar has not verified the content of these third party websites. User's use of third-party websites is at User's own risk and subject to the terms and conditions of use for such sites. Palomar is not responsible for those sites, and Palomar does not accept any liability or responsibility for the use or content of third party websites. Palomar is providing these links to User only as a convenience, and the inclusion of any link to such sites does not imply endorsement, recommendation, or warranty by Palomar of those sites. If User decide to access any such third party Website, User do so entirely at our own risk. In addition, decisions or actions based on the content of these third party websites are at User's own risk and expense.

Privacy Statement

The following statement explains Palomar's policy regarding any personal information supplied to Palomar when User visit this website.

Palomar recognizes that visitors to this Provider Locator and with whom we conduct business value their privacy. Often, however, the collection of personal information is necessary and desirable both for the visitor and Palomar. Thus, in some circumstances Palomar may request personal information from User, like User's name, e-mail address, company name, title, address and/or telephone number. User's response to these inquiries is strictly voluntary. Once submitted, Palomar may use this information to customize User's experience on this site and for other business purposes, such as sending User information about Palomar and Palomar's products. Palomar will not sell, rent, or share User's information with any other organization.

In general, User can visit our Provider Locator without divulging any personal information. Certain areas, however, may require specific information and may not be available to visitors who choose not to provide such information.

Palomar may collect domain information and pages accessed from all visitors to this Provider Locator as part of its on-going administration of this Provider Locator. This data helps Palomar understand more about the types of visitors accessing this Provider Locator, how often they visit and what parts of the Provider Locator they visit most often. Palomar may then use this information to modify and improve the Provider Locator.

Palomar may modify or update this Privacy Statement at any time without notice.

Termination of Use

Palomar may, in its sole discretion, terminate or suspend this Provider Locator or User's access to and use of this Provider Locator without notice and for any reason, including for violation of these Terms and Conditions of Use or for other conduct which Palomar, in its sole discretion, believes is unlawful, unauthorized, or harmful to others. In the event of termination, User will no longer be authorized to access the Provider Locator, and Palomar will use any means possible to enforce this termination.

Complete Agreement; Survival

User agrees that these Terms and Conditions supersede any and all agreements, either oral or written, between the parties hereto with respect to the subject matter except Palomar's terms and conditions of sale attached to a Palomar quotation that a customer has signed. USE OF PROVIDER LOCATOR, PATENT, COPYRIGHT, TRADEMARK, DISCLAIMER, LIMITATION OF LIABILITY; INDEMNIFICATION, APPLICABLE LAW, COMPLIANCE WITH APPLICABLE LAWS AND EXPORT CONTROL LAWS, JURISDICTION AND CHOICE OF LAW, DISCLAIMER ABOUT THIRD PARTY PRODUCTS, SAFE HARBOR, AND THIS SECTION OF COMPLETE AGREEMENT/SURVIVAL shall survive any termination or expiration of these Terms and Conditions.

"Safe Harbor" Statement under the Private Securities Litigation Reform Act

With the exception of the historical information contained in Palomar's web site, the matters described herein contain forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements are based on the Company's current expectations, plans, intentions, beliefs or predictions. These forward-looking statements are neither promises nor guarantees, but involve risk and uncertainties that may individually or mutually impact the matters herein, and cause actual results, events and performances to differ materially from such forward-looking statements. These risk factors include, but are not limited to, results of future operations, technological difficulties in developing or introducing new products, the results of future research, lack of product demand and market acceptance for current and future products, the effect of economic conditions, challenges in managing joint ventures and research with third parties and government contracts, the impact of competitive products and pricing, governmental regulations with respect to medical devices, including whether FDA clearance will be obtained for future products and additional applications, the results of litigation, including patent infringement lawsuits, difficulties in collecting royalties, potential infringement of third-party intellectual property rights, factors affecting the Company's future income and resulting ability to utilize its NOLs, and/or other factors, which are detailed from time to time in the Company's SEC reports, including the report on Form 10-K for the year ended December 31, 2007 and the Company's quarterly reports on Form 10-Q. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. The Company undertakes no obligation to release publicly the result of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

Thank you for your cooperation. We hope you find the Provider Locator helpful and convenient to use.