Terms of Use

Introduction
BioMimetic Therapeutics, Inc. (“BioMimetic”) created and maintains this website to provide information to, and communicate better with, patients, physicians, investors, and others who may be interested in learning more about BioMimetic and its product candidates and clinical trials. You may use this website, provided you comply with these terms of use (“Term of Use”). These Terms of Use describe the terms and conditions that you agree to abide by when you use this website.  Please read the Terms of Use before you access, use or download any information contained on this website.  If you do not agree to follow and be bound by these Terms of Use, you may not access, use or download any materials contained in this website.

These Terms of Use May Change
BioMimetic reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms of use as changed.  For this reason, you should review these Terms of Use every time you use this website.  

Legal Notices
The information on this website concerning BioMimetic's product candidates and clinical trials is for educational purposes only. It is not intended to suggest or promote any off-label indications or unapproved uses of BioMimetic's medical technologies, or to recommend or promote the use of any investigational, uncleared, or unapproved devices.  Furthermore, for patients, the information on this website is not intended to replace the advice of your physician. Only a physician can determine if any medical technology or therapy is appropriate for you. If you are a patient with questions regarding the information on this website, you should discuss them with your physician.   

Nothing in this website constitutes or is intended to constitute an invitation or offer to invest in the securities of BioMimetic Therapeutics, Inc. 

Forward-Looking Statements
This website contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on the current intent and expectations of the management of BioMimetic. These statements are not guarantees of future performance and involve risks and uncertainties that are difficult to predict.  There are many important factors that could cause actual results to differ materially from those indicated in the forward-looking statements.  BioMimetic’s actual results and the timing and outcome of events may differ materially from those expressed in or implied by the forward-looking statements because of risks associated with the marketing of BioMimetic’s product and product candidates, unproven preclinical and clinical development activities, regulatory oversight, and other risks detailed in BioMimetic’s filings with the Securities and Exchange Commission.

Except as required by law, BioMimetic undertakes no responsibility for updating the information contained in website, whether as a result of new information, future events or otherwise.

Your License to Use this Website is Limited  
Subject to the terms and conditions of these Terms of Use, BioMimetic grants you a non- exclusive, non-transferable, limited right to access, use and display this website and its content. BioMimetic does not grant any express or implied right to you under any patents or trade secret information, and only such limited use of its trademarks and copyrights as specified herein.  BioMimetic authorizes you to view and download the content of this website only for your personaluse. This authorization is not a transfer of title in the content or copies of the content and this authorization is subject to the following restrictions: 1) you must retain, on all copies of any content downloaded, all copyright and other proprietary notices contained in the content; 2) you may not modify the content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the content to any other person unless you give them notice of, and they agree to accept, the obligations arising under this agreement.  

Disclaimer  
THIS WEBSITE AND ITS CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BIOMIMETIC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE OR THE CONTENT OR THE RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. BIOMIMETIC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE OR THE CONTENT. BIOMIMETIC MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE CONTENT, AND THE PRODUCTS, PROGRAMS, SERVICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.  

THIS WEBSITE, AND THE CONTENT MADE AVAILABLE ON THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  

Limitations of Damages  
IN NO EVENT SHALL BIOMIMETIC BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF BIOMIMETIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
If you violate any of these Terms of Use or if you misuse this website, you agree to defend, indemnify and hold harmless BioMimetic, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys' fees that arise out of or are related to your violation or misuse.

Trademarks  
All BioMimetic trademarks are the exclusive property of BioMimetic. Unauthorized use of any BioMimetic trademark, service mark or logo may be a violation of federal and state trademark laws.

International Users and Choice of Law  
This website is controlled, operated and administered by BioMimetic from its offices within the United States of America.  If you access this website from a location outside of the United States, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of the State of Tennessee, without giving effect to its conflict of laws provisions.  Venue for any controversy or claim arising out these Terms of Use shall exclusive to the courts of Williamson County, Tennessee.

Entire Agreement  
These Terms of Use, including any other notices and policies contained in this website, constitutes the entire agreement between BioMimetic and you with respect to your use of this website and the content at this website. Any cause of action you may have with respect to your use of this website or the content must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of these Terms of Use shall continue in full force and effect.