• In order to ensure that all submissions are made in a uniform manner and in accordance with these Terms, Forward Medical accepts submissions ONLY through the form provided on the Site at www.forwardmedical.com/submissions.php. While Forward Medical is pleased to receive submissions through the form provided, submissions of any kind to Forward Medical by any other means, including e-mail, fax, regular mail, and overnight delivery services, WILL NOT BE READ AND WILL NOT BE RETURNED.

• Disclosure of confidential information can sometimes limit protection for proprietary rights in that information. For your own protection, as well as that of Forward Medical, please do not include any confidential information in your submission to Forward Medical. At the submission stage, Forward Medical is unable to enter into non-disclosure agreements with those who make submissions or to guarantee the confidentiality of those submissions.

• Your submission does limit any rights of Forward Medical in, or any activities of Forward Medical with respect to, similar or identical ideas from other sources, whether such ideas were submitted or developed earlier or later than your idea, and whether such ideas were submitted by ther parties.

• Your submission of an idea to Forward Medical does not obligate you to pursue your idea with Forward Medical in any way. You remain free to pursue your ideas in any manner you choose, yourself or with other parties, after making your submission. Similarly, Forward Medical may or may not choose to pursue the ideas in your submission. Forward Medical is under no obligation to pursue or use the ideas in your submission, and may decline to pursue the ideas in your submission for any reason, or for no reason. If Forward Medical wishes to explore the pursuit of any idea in your submission, it will contact you using the contact information you provide in order to discuss its interest.

• Forward Medical does not promise to pay you or any other party for your submission and makes no guarantee of payment by others, or of financial success, in connection with your submission.

• By making your submission, you represent that the information you have submitted is accurate and that you have the authority and right to submit such information subject to these Terms.

• By making your submission to Forward Medical, you agree to be bound by these Terms. Please do not include any language with your submission that purports to impose any obligation or restriction on Forward Medical, or to otherwise alter or add to these Terms in any way, including without limitation any language with respect to confidentiality, exclusivity, timing or payment. Forward Medical rejects any such additional terms you may submit, and they will be without effect.

2.       CONDUCT ON THE SITE. The Site may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Forward Medical or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. No user may use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of Forward Medical. Forward Medical reserves the right to prohibit use of the Site by any user who, in the sole discretion of Forward Medical, violates any of these Terms.

3.        CONTENT. Forward Medical uses reasonable efforts to include accurate information on the Site. However, Forward Medical does not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, Forward Medical, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

4.        OWNERSHIP. All materials on the Site created or provided by Forward Medical, including text, graphics, logos, and images, are the property of Forward Medical or its content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Forward Medical and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of Forward Medical. Forward Medical reserves the right to revoke any of the rights granted in these Terms at any time, and those rights automatically terminate if you violate any of these Terms. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions.

The Site is Copyright 2006 Kadima Partners, LLC. All rights not expressly granted in these Terms are reserved. Forward Medical(SM) is the service mark of Forward Medical. The trademarks, service marks, and logos used on the Site are trademarks of Forward Medical or others.

5.        LINKS TO OTHER SITES. The Site may contain links to other websites. Forward Medical has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.

6.        DISCLAIMER OF WARRANTIES. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Forward Medical EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Forward Medical MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of Forward Medical, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Forward Medical assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, any of its material, or any other site to which the Site is linked. In no event shall Forward Medical’s liability arising in connection with or under this Agreement exceed $100.

7.       DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Forward Medical BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WITHOUT LIMITATION, (i) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON Forward Medical HEREUNDER OR IN CONNECTION HEREWITH; (ii) THE USE OF OR INABILITY TO USE THE SITE; or (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS. Consequential damages for purposes hereof shall include without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you. You shall indemnify Forward Medical against all liability, cost or expense which may be sustained by Forward Medical on account of any such loss, damage or injury.

        SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

8.        GOVERNING LAW. This contract shall be governed by and construed under the laws of the State of Ohio, without regard to conflicts of laws principles thereof. The sole jurisdiction and venue of any action related to these Terms shall be the Court of Common Pleas of Cuyahoga County, Ohio and the United States District Court for the Northern District of Ohio, Eastern Division, and you agree to submit to personal and exclusive jurisdiction of these courts.

9.        GENERAL. The waiver by Forward Medical of any breach or default shall not be deemed to be a waiver of any other breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only, and shall not affect the construction or interpretation of this Agreement.

© 2006 Kadima Partners, LLC.