Disclaimer

The EndoPeak site (the “Site”) is an online information service, subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SITE. EndoPeak MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are EndoPeak, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to EndoPeak a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to EndoPeak by all means and in any media now known or hereafter developed. You also grant to
EndoPeak the right to use your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against EndoPeak for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to EndoPeak.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive
trademarks or service marks of EndoPeak. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being
supplied by EndoPeak, EndoPeak does not operate, control or endorse any information, products or
services on the Internet in any way. Except for EndoPeak – identified information, products or
services, all information, products and services offered through the Site or on the Internet
generally are offered by third parties, which are not affiliated with EndoPeak. You also
understand that EndoPeak cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ENDOPEAK
PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ENDOPEAK SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. ENDOPEAK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL ENDOPEAK BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN ENDOPEAK OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES Daily Health LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.

EndoPeak makes no representations whatsoever about any other web site which you may access through
this one or which may link to this Site. When you access a non- Daily Health web site, please
understand that it is independent from EndoPeak, and that EndoPeak has no control over the content
on that web site. In addition, a link to a EndoPeak web site does not mean that EndoPeak endorses
or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless EndoPeak, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of EndoPeak and its officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own behalf.

5. Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United
States of America applicable to agreements made and to be performed in The United States of
America. You agree that any legal action or proceeding betweenDaily Health and you for any
purpose concerning this Agreement or the parties’ obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. EndoPeak failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. Daily Health may assign its rights and duties under this Agreement
to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.