IMPORTANT LEGAL NOTICES AND TERMS OF ACCESS

PLEASE REVIEW THE FOLLOWING NOTICES, TERMS AND CONDITIONS CONCERNING YOUR USE OF THE IMUGEN, Inc. ("IMUGEN") WEB SITE (THE "WEB SITE"). BY ACCESSING, USING OR DOWNLOADING ANY MATERIALS FROM THE WEB SITE, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THESE NOTICES, TERMS AND CONDITIONS (THE "TERMS"). IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEB SITE. THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME BY IMUGEN IN ITS DISCRETION. YOUR USE OF THIS WEB SITE AFTER ANY CHANGE IS IMPLEMENTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE.

Copyright

This Web Site is Copyright © IMUGEN, Inc. 1995-2011. All rights reserved. You may download, display and print material on this Web Site for personal, non-commercial use only, provided that the above copyright notice appears in all copies and that both that copyright notice and this permission notice appear in supporting documentation, the material is not modified in any way and that the name of IMUGEN is not used in advertising or publicity pertaining to distribution of this documentation without specific, written prior permission. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed materials. Any other copying, distribution, re-transmission or publication of any material posted on this Web Site is strictly prohibited without the express written consent of IMUGEN. Nothing contained herein shall be construed as conferring any license or right under any IMUGEN copyright, trademark or other intellectual property right owned or licensed by IMUGEN.

Service Marks

"IMUGEN" and the "Y" logo are registered service marks owned by IMUGEN. Other associated IMUGEN marks, including "Inspired by Perfection," are also owned by IMUGEN. Any other product names and logos appearing on the Web Site are the trademarks and service marks of their respective owners. Access to or use of this Web Site shall not be deemed a grant, by implication, estoppel or otherwise, of any license, right or permission to use any IMUGEN mark or the mark of any other party.

Disclaimer

THE INFORMATION ON THIS WEB SITE IS PROVIDED AS A CONVENIENCE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF ANY INFORMATION ON THIS WEB SITE IS AT YOUR OWN RISK. IMUGEN MAKES NO REPRESENTATION CONCERNING THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THIS WEB SITE AND IMUGEN MAY CHANGE THE CONTENT WITHOUT NOTICE. IMUGEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. IMUGEN MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR COMPREHENSIVENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEB SITE. IMUGEN MAKES NO REPRESENTATION THAT ANY SUCH MATERIAL WILL BE CURRENT AT ALL TIMES.

Links

This Web Site may contain links to other sites over which IMUGEN has no control. The inclusion of any link is provided as a courtesy and does not imply endorsement by IMUGEN of the site or the site's contents or owner. Your linking to such sites is at your own risk and IMUGEN accepts no responsibility for any information contained in any such site.

No Medical Advice

This site is intended to disseminate general information about vector (tick) borne diseases and other diseases and disorders, as well as, information concerning IMUGEN's own professional services. Nothing contained in this Web Site should be used for the diagnosis or treatment of any medical condition. By accessing or using this Web Site, you have not created a physician-patient relationship, and you should always seek the professional advice of a qualified physician to treat any healthcare related symptoms. If you have submitted a tick for testing, please note that such testing does not diagnose Lyme disease in humans; test results only indicate whether B. burgdorferi or B. microti was detected in the tick. If you believe you have symptoms or Lyme disease, please consult a physician immediately.

If you are a healthcare professional, you should exercise your own professional medical judgment when assessing any information contained in this Web Site or any test results provided by IMUGEN pursuant to tests requested by you.

User Responsibility to Protect against Viruses

IMUGEN has no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. However, it is your responsibility to take precautions to ensure that whatever you may download from this Web Site is free of such items as viruses and other items of a destructive nature.

Export

Export of any information from this Web Site is subject to all United States export control laws. No content from this Web Site may be downloaded or otherwise exported in violation of these or any other applicable laws

Governing Law and Jurisdiction

This Web Site is controlled by IMUGEN from its offices in Norwood, Massachusetts, in the United States of America. All matters relating to access to, or use of, this Web Site shall be governed by the laws of the Commonwealth of Massachusetts and the United States. Any legal action or proceeding relating to access to, or use of, this Web Site or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts for Norfolk County, Massachusetts. You and IMUGEN agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

ONLINE PRIVACY POLICY

IMUGEN respects your right to privacy. Any information collected by IMUGEN will be maintained strictly confidential and, except as described in this policy, will only be used in ways for which you have specifically consented. IMUGEN will not sell, rent, loan, trade, lease or otherwise disclose your personal information to any third party unless we are legally required to do so, are required to do so to protect our rights to this Web Site or you have given your consent.

Our online privacy policy applies only to this Web Site and not to sites to which this site may be linked. We are not responsible for the privacy policies or practices of such other websites. We encourage you to review the privacy policies of those other websites so that you can understand how they may collect, use and share your information.

IMUGEN may collect and use your personal information to respond to your request for information or services. We do not enable Cookies, although we may utilize other tools that track your non-identifiable use of our site. We only collect personally identifiable information from you when it is submitted voluntarily through this Web Site, including information submitted through those who request tick testing. We will store this information on our system, but we will not use it for any other reason other than to provide the services that you have requested, to communicate with you with respect to our services or as otherwise provided in this policy.

Information Collection

To maintain and improve site quality and integrity, IP addresses may be logged (the Internet Protocol addresses of computers). This log is a standard method of reporting to statistically find out which parts of our Web Site are visited and how long visitors spend there. We may also log the type of browser and operating system you are using. We do not link IP addresses to personally identifiable information.

At times we may request that you voluntarily supply us with personal information, such as your e-mail address, for purposes such as corresponding with us, registering at a site, making a purchase, or participating in an online survey.

Information Use

When you supply IMUGEN with your personal information, we may use the information to learn more about you so that we can develop better services or use the information, sharing it with our business partners, to inform you about new products, services and offers that may be of interest to you.

By using this Web Site, you consent to the policies and practices described in this statement. If there are changes or additions to this privacy policy, we will ensure to post those changes here so that you will always know what information we may collect, how we may use that information, and to whom we may disclose it. If at any time, you have questions or concerns about our privacy statement, please feel free to email us at bwootten@imugen.com.


Last updated: October 10, 2011

{K0348373.1}