Terms of Use Agreement

Welcome to the DOBI Medical Site. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

1. Use of Web Site. The information provided on this site is for general informational and educational purposes. Certain sections of this web site are intended for particular audiences including DOBI Medical employees, distributors, customers and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained in the web site is subject to this Terms of Use Agreement. By accessing and using this web site, you accept, without limitation or qualification, this Terms of Use Agreement.
   
   
2. Content. DOBI Medical will use reasonable efforts to include accurate and up-to-date information on this web site but DOBI Medical makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this web site and the content thereof is at your own risk. DOBI Medical disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither DOBI Medical nor any party involved in creating, producing or delivering this web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.
   
   
3. Indemnification. You agree to indemnify, defend and hold harmless DOBI Medical, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.
   
   
4. Privacy. DOBI Medical respects the privacy of its web site users, however, please be advised that your use of this web site does not entitle you to any rights of privacy other than as may be specifically granted under applicable federal and local laws and regulations.
   
   
5. Third Party Web Sites and Links. This web site may contain links or references to other web sites maintained by third parties over whom DOBI Medical has no control. Such links are provided merely as a convenience.
   
   Similarly, this web site may be accessed from third party links over which DOBI Medical has no control. DOBI Medical makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by DOBI Medical.
   
   
6. Medical Information. This web 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. You should always consult with a doctor or other healthcare professional.
   
   
7. Forward Looking Statements. This web site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in DOBI Medical's annual and quarterly reports filed with the Securities and Exchange Commission (the "SEC"), including DOBI Medical's most recently filed report with the SEC.
   
   
8. Non-Confidential Information. Any communication or other material that you send to us through the Internet, or post on the web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and DOBI Medical shall have no obligation of any kind with respect to such information. DOBI Medical shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
   
   
9. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of DOBI Medical. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that DOBI Medical actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
   
   
10. Copyrights. The entire contents of this web site are subject to copyright protection. Copyright © 2004 DOBI Medical International, Inc. All rights reserved. The contents of this web site may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of DOBI Medical. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of DOBI Medical, or any third party.
    
    
11. Void Where Prohibited. This web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this web site is accessible to users outside of the U.S., the information on the web site pertaining to DOBI 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 links to other sites produced by DOBI Medical's various 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. DOBI 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 web site is void where prohibited.
    
    
12. Governing Laws. This Terms of Use Agreement and your use of the web site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
    
    
13. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. DOBI Medical reserves the right to alter or delete materials from this web site at any time at its discretion.