Xoft Web Site Terms of Use

PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.

By using this web site, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein.

General Information
This site contains material about Xoft and its various products and services that may be of interest to employees, customers and investors, as well as to members of the health care community and the general public. Please feel free to browse this web site. Your access and use of the information contained herein is subject to the following terms and conditions and all applicable laws: By accessing and browsing this web site, you accept, without limitation or qualification, these terms and conditions and acknowledge that they supersede any other agreement between you and Xoft. Xoft maintains this web site for your personal use. This web site and its contents are intended to comply with the laws and regulations of the United States.

Medical Information/Conditions
While there may be information on this web site related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health provider. We do not offer personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product described in this web site is appropriate for you.

PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS WEB SITE.

Copyright And Restriction On Use Of Material (Noncommercial Use)
This web site is copyright protected. Any textual or graphic material you copy, print, or download from this web site is licensed to you by and/or its subsidiaries for your personal, noncommercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

Limitation of Liability
Xoft will use reasonable efforts to include accurate, complete and up-to-date information on this web site, but makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that access to this web site is at their own risk, and that neither nor any party involved in creating or delivering this web site shall be liable for damages of any kind, including without limitation, any special, direct or indirect, incidental, or consequential or punitive damages (even if Xoft has been advised of the possibility of such damages) arising out of access to/or use of the information contained on this web site, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this web site. This limitation includes damages to, or for any viruses that may infect your computer equipment.

Disclaimer
Information and related materials are subject to change without notice. This web site, and all information and related materials it contains, are provided "as is." Xoft makes no representation or warranty what so ever regarding the completeness, accuracy, up-to-date content, or adequacy of, or the suitability, functionality, availability, or operation of this web site or the information or materials it contains. By using this web site, you assume the risk that the information and materials on this web site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. specifically disclaims all warranties, express or implied, including with out limitation, the warranties or merchant ability, fitness for a particular purpose, and non-infringement with respect to this web site and information, graphics and materials contained herein.

Links to Other Web Sites
This web site may contain links to, or be accessed from links on, other worldwide web sites. Xoft does not have responsibility for, or control of, the contents, availability, operation or performance of other web sites to which this web site may be linked or from which this web site may be accessed. makes no representation regarding the content of any other web sites which you may access from this web site.

Concerning Your Privacy
Access to this web site may be monitored by Xoft. If monitored, the requesting URLs, the machine originating the request, and the time of the request, are logged for access statistics and security purposes. Your use and access of this web site constitutes your consent to such general monitoring. Please see the Privacy Policy for details on how information from the web site may be gathered and used.

Trademarks
All trademarks, logos and service marks appearing in this web site, and as designated with either a trademark symbol ("™", "®", or "©") or type form that is different from the surrounding text, are trademarks owned by or licensed to , its subsidiaries or affiliates. Notwithstanding this disclaimer, all other names and marks mentioned in this web site are the trade names, trademarks or service marks of their respective owners.

No License
Nothing in this web site shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any patent, copyright or trademark of Xoft. Please be advised that Xoft protects its intellectual property rights to the fullest extent of the law.

Submissions (Information To)
The submission of any unsolicited information, such as questions, comments, or suggestions, to Xoft, either through this web site or by any other means of communication, shall NOT be considered confidential. Xoft shall have no obligation to you of any kind with respect to such information. By submitting any information to Xoft, you understand that Xoft shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. In addition, Xoft shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and other items incorporating such ideas, concepts, know-how or techniques

Other
This agreement shall be governed by and construed in accordance with laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and you agree to indemnify Xoft for any claims or damages resulting from your failure to abide by these terms and conditions.

The Xoft web site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures, updating or construction. Xoft cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Xoft reserves the right to alter or delete material from this web site at any time.

Xoft may, at any time, revise these Web site Usage Terms by updating this posting. You are bound by any such revisions and should, therefore, periodically review these terms to review the then current Usage Terms.

Xoft Privacy Policy
Xoft respects the privacy of users who visit any of the sites within its network. The following policies are in effect for all of the web pages owned and operated by Xoft, and have been put in place to demonstrate our firm commitment to your privacy.

How We Use the Information Provided
Your personal information, including your e-mail address and mailing address, will not be sold or rented to a third party. Xoft maintains a strict "no-Spam" policy. When you are on a Xoft site and are asked for personal information, you are sharing that information with Xoft alone, unless it is specifically stated otherwise. We will use the information you provide for statistical analysis of the interest in Xoft and the Xoft procedures. We will use the e-mail address you provide to communicate with you occasionally on issues of importance. If at any time you wish to be removed from our e-mail list, you may opt out by contacting us with such a request.

Changes and Modifications
If at any time you wish to review, change or update any personal information provided to us, simply send an e-mail to contact us. To better protect the security and integrity of your information, we will also take reasonable steps to verify that the communication is from you, before making corrections to your information.

Testimonials
Information that you relate to us will not be posted unless you have granted us permission.

IP addresses
When a visitor requests pages at any Xoft site, our web servers automatically recognize the browser's domain name and IP address, as do most other web servers. This information is collected for statistical and analytical purposes only.

Cookies
From time to time, Xoft may send a cookie to your computer. This information may be collected to identify your account with the source of advertising that brought you to the site, or to personalize your browsing experience.

Questions
If you have questions about our privacy policy, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   or call 1-408-419-2300. It is our goal to provide a private, risk-free experience for you in interaction with our company.