The following Terms of Use and Privacy Policy (“Terms”) governs the use of the www.ldtsystems.com website (the “Site”), which is provided free of charge subject to these Terms. If you do not agree to these Terms, please do not access or otherwise use the Site. LDT Systems may update these Terms at any time in its sole discretion; please check www.ldtsystems.com/terms.html for the most current version of these Terms. Your continued use of the Site will signify your acceptance of any change in the Terms set forth herein.

LDT Systems is a leading developer of wireless and wireline data communication systems for the healthcare industry. Our flagship product, the Organ Transplant Response System, is currently available on a subscription basis to Organ Procurement Organizations (OPOs). For OPOs subscribing to the OTRS system, the terms of use of OTRS our obligations of privacy will be determined by the OTRS License Agreement entered into between LDT Systems and the subscribing OPO. These Terms merely state the terms governing the use of the Site.

Access to the Site

Subject to these Terms, LDT Systems may offer to provide certain services, as described more fully on the Site, solely for your own use, and not for the use or benefit of any third party. LDT Systems may change, suspend or discontinue the Site at any time. LDT Systems may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

You certify that you are legally permitted to use and access the Site, and take full responsibility for the use and access of the Site. These Terms are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Site, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Site.

Ownership of Content

You acknowledge and agree that the Site contains proprietary and confidential information that is owned by LDT Systems and protected by applicable intellectual property and other laws. Except as expressly authorized by LDT Systems, you agree not to modify, rent, lease, loan, sell, copy, distribute or create derivative works based on any Content, in whole or in part.

Disclaimer of Warranties

LDT Systems makes no representations or warranties about the use, applicability, or accuracy of the Content made available on the Site. LDT Systems has no special relationship with or fiduciary duty to you. You acknowledge that LDT Systems has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LDT Systems from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. LDT Systems makes no representations concerning any content contained in or accessed through the Site, and LDT Systems will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOU ACKNOWLEDGE THAT THE CONTENT AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): LDT SYSTEMS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. LDT Systems will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on LDT Systems’ equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

LDT SYSTEMS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SITE. As a convenience to you, we may provide links to resources, which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against LDT Systems with respect to such sites.

Limitation of Liability

LDT SYSTEMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LDT SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold each of LDT Systems, its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions.

Remedies for Breach of these Terms by You

In the event that LDT Systems determines, at its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site, LDT Systems reserves the right to (i) warn you via e-mail that you have violated these Terms, (ii) discontinue your access to the Site, (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (iv) take any other action which LDT Systems deems to be appropriate.

Termination

LDT Systems reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms or (ii) your ability to access the Site and/or any other service provided to you by LDT Systems upon any breach by you of the Terms.

Miscellaneous

In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

LDT Systems may assign its rights and obligations under these Terms and upon such assignment LDT Systems may be relieved of any further obligation hereunder.

These Terms and any additional terms (as such terms shall be identified when posted on Site by LDT Systems) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. LDT Systems reserves the right to charge fees, surcharges and/or membership fees at any time.

BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms govern your use of the Site. LDT Systems shall not be liable to you for any breach of these Terms. If you do not agree to these Terms, please do not register for, use, or enter the Site.