Privacy Policy as of January 2006

Site Policies

This site is operated by Heartscape Technologies, Inc. (“Heartscape”). When you access or use this site, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of this site.

Purpose of the Site

This site is operated for the purpose of providing general information about Heartscape. The site is not operated for advertising or marketing purposes. The material on this site should not be regarded as an offer to sell, or a solicitation of an offer to buy any products of Heartscape. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.

Accuracy, Completeness and Timeliness of Information on the Site

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this site shall be at your own risk. We are not responsible if information that we make available on this site is not accurate, complete or current. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

Securities of Heartscape Technologies, Inc.

We are not providing investment advice through this site, and the material on this site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Heartscape. If you decide to use any material available on this site in assessing whether to buy or sell securities of Heartscape, please be aware that the material on this site generally reflects past performance and historical information, and that such performance and information is not necessarily an indication of future performance. The site may also contain certain “forward-looking” statements. The “forward-looking” statements available on this site involve important risks and uncertainties, detailed in Heartscape’s filings with the Securities and Exchange Commission, that could cause the company’s results to differ materially from the company’s current expectations.

Use of Material from this Site

This site (including all its contents) is the property of Heartscape or its licensors and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available online.

Trademarks

This site features logos and other trademarks and service marks that are the property of, or are licensed to, Heartscape companies. The site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Visitor Privacy

We are committed to protecting the privacy of visitors to this site. Accordingly, at this site, we do not collect personally identifying information from users unless they provide it to us voluntarily and knowingly.

When you visit our site, your browser automatically sends us an Internet Protocol (“IP”) address and certain other information (including the type of browser you use). We may use this IP address and other information to give you access to the site and otherwise administer the site. In certain parts of the site, we may ask you to provide us with your name, street address, city, state, zip code or other information so that we can provide you with information you request. You are under no obligation to provide us with this information, but without it, we cannot provide you the information you request. The site also may include certain features that allow you to communicate with us by electronic mail or otherwise. If an electronic mail feature is provided and you choose to use it, you will provide us your e-mail address. We do not solicit any other personally identifying information, so you are responsible if you choose to use these communication features to provide personally identifying information to us (such as by including your name in the body of an e-mail message). When you provide any personally identifying information to us, you communicate that you are knowingly and voluntarily providing us the information. We will not use such information for marketing purposes, but we may respond to the electronic mail messages you send us and use such information for any other business purpose, including to send you subsequent communications concerning Heartscape or this site.

We try to make sure that the personally identifying information you provide us remains private. We will not sell, rent, trade or otherwise disclose the personally identifying information you provide to anyone outside of Heartscape, unless we are required by law or have a good faith basis to believe that you are in violation of these policies or federal, state or local laws. Please be aware, however, that it may be possible for others to read messages that you send over the Internet, so do not send by e-mail any information that you would like to keep confidential.

Like many companies, we use “cookie” technology on our web site. These cookies may tell us whether you have visited our site before or are a new visitor and what material on our site you have viewed. The cookies we use do not collect any personally identifying information about you or provide us with any way to contact you, and the cookies do not extract any information from your computer.

You also should be aware that we collect certain usage information about our site, such as the number and frequency of visitors to certain parts of the site. This data is used only in the aggregate and does not include any personally identifying information. When you use the site, you consent to the transmission of your personally identifying information to us and to its use as described herein.

Other Information You Submit

If you use the communication features of this site to provide us with information other than personally identifying information, including suggestions about the site, product and advertising ideas, and any other such information, that information belongs to us and may be used, reproduced, modified, distributed and disclosed by us in any manner we choose, without paying compensation to you.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

Heartscape EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE OR ACCURACY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY.

IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Heartscape OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER Heartscape NOR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS FEES) ARISING FROM THAT DISRUPTION.

Links
This site may include links to other sites operated by third parties. Any such links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Third party sites may contain information with which Heartscape does or does not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

Jurisdiction

Heartscape is headquartered in Columbia, Maryland in the United States of America, and this site is operated in the United States. Maryland law governs these terms and conditions and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in Maryland for any action to enforce these terms and conditions. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of Maryland and of the United States. Heartscape and its subsidiaries operate in various countries throughout the world and seek to comply with the laws of the particular jurisdictions in which they operate. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Venue

Disputes arising from the use of this site shall be exclusively subject to the jurisdiction of any federal or state court for the District of Maryland or Howard County.

Severability

To the extent any portion of these Site Policies is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Site Policies, as so modified, shall remain in full force and effect.

Waiver

No waiver by Heartscape of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term, or provision of these terms and conditions at that time or a waiver of that or any other right, term, or provision of these terms or conditions at any other time.

Service Contact

You may contact Heartscape by e-mail link or by phone at [410-740-8454] or by mail to [Heartscape Technologies, Inc. 9160 Rumsey Road, Suite B-8 Columbia, Maryland 21045] with questions about or problems with this Website.

Changes to These Terms

We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Thank you for visiting our site.