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Terms and Conditions of Use

Matria.com Web Site Terms and Conditions of Use

PLEASE READ THESE WEB-SITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THIS WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR USE THIS WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND, IF APPLICABLE, THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF USE.

Matria Healthcare, Inc. and its subsidiaries (“we”, “us” or “Matria”) maintain this Web site as a service to its customers, potential customers and other interested parties. Please visit us frequently, browse our pages and download materials subject to the terms and conditions set forth below.

1. Scope of Terms and Conditions of Use

These Terms and Conditions of Use govern your use of the Web site and all applicable applications, software and services (“Services”) available via the Web site, except to the extent such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the Web site.

2. Modifications

The information on this Web site is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. Matria may revise and update these Terms and Conditions of Use at any time. Your continued usage of the Web site after any changes to these Terms and Conditions of Use will mean you accept those changes. Any aspect of the Web site may be changed, supplemented, deleted or updated without notice at the sole discretion of Matria. Matria may also change or impose fees for products and services provided through the Web site at any time in its sole discretion.

We may alter, suspend or discontinue this Web site in whole or in part, at any time and for any reason, without notice or consent. The Web site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Intellectual Property and Ownership

Any and all intellectual property rights (“intellectual property”) associated with this Web site and its contents (the “contents”) are the sole property of Matria, its affiliates or third parties. The contents are protected by copyright and other laws in both the United States and other countries. Elements of this Web site are also protected by trade dress, trade secret, unfair competition and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons and other items that appear on this Web site are trademarks, service marks or trade dress (“marks”) of Matria, its affiliates or other entities that have granted Matria the right and license to use such marks and may not be used or interfered with in any manner without the express written consent of Matria. Except as otherwise expressly authorized by these Terms and Conditions of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property of this Web site in any way without Matria’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Matria does not grant to you any express or implied rights to Matria’s or any third party’s intellectual property.

4. Indemnity

By using this Web site, you hereby release, and agree to indemnify and hold harmless Matria Healthcare, Inc. and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of Matria.com and its contents.

5. Prohibited Conduct

In addition to the other restrictions set forth in these Terms and Conditions of Use, you agree that: (1) You shall not disguise the origin of information transmitted through the Web site; (2) you will not place false or misleading information on the Web site; (3) you will not use or access any service, information, application or software available via the Web site in a manner not expressly permitted by Matria; (4) you will not input or upload to the Web site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web site or any information contained therein or that infringes the intellectual property rights of another; (5) certain areas of the Web site are restricted to customers of Matria; (6) you may not use or access the Web site in any way that, in Matria’s judgment, adversely affects the performance or function of the Matria Web site or services or interferes with the ability of authorized parties to access the Web site or services; and, (7) nothing contained on this Web site shall be construed as granting, in any manner, any license or right to use this Web site or any documents displayed on this Web site, through the use of framing or otherwise, except as expressly permitted by these Terms and Conditions of Use or with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Web site.

6. Third-party Links

There may be links on Matria.com that allow you to visit the Web sites of third parties. Neither these Web sites nor the companies to which they belong are controlled by Matria. Matria makes no representations or warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such Web sites. Matria has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such Web sites. You should research and assess the risks that may be involved in accessing and using any software on the Internet before using it.

7. Disclaimer of Warranty

ALL IMAGES, TEXT AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USE OF SAME IS AT YOUR OWN RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, MATRIA DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEB SITE IS FREE OF ERRORS; (B) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS OF USE ARE FAIR AND REASONABLE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MATRIA BE LIABLE TO ANY USER OF THE MATRIA WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE MATRIA WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF MATRIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

9. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Matria (or any of its affiliates or subsidiaries) of that third party or of any product or service provided by a third party. Likewise, a link to any non-Matria Web site does not imply that we endorse or accept any responsibility for the content or use of such a Web site.

10. Enforcement of Terms and Conditions of Use

These Terms and Conditions of Use and Your use of Matria.com is governed by and construed in accordance with the laws of the United States and the State of Georgia, excluding its conflict of laws provisions. Any cause of action with respect to Matria.com or these Terms and Conditions of Use must be instituted within one year after the claim or cause of action has arisen or be barred and must be brought in a court of competent jurisdiction within Cobb County, Georgia. You expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding.

11. Forward-looking Statements

Certain statements made in this Web site may constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Actual results may differ materially from those indicated by such forward-looking statements based on the risk factors detailed in Matria’s periodic reports that have been filed with the Securities and Exchange Commission. Matria does not undertake the responsibility to update the forward-looking statements in any manner except as may be required by Matria’s disclosure obligations and filings made with the Securities and Exchange Commission under the federal securities laws.

12. Severability

If any part of these Terms and Conditions of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

13. Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these Terms and Conditions of Use at any time by updating this posting.

14. Contact Information

If You have any questions about these Terms and Conditions of Use, please contact Privacy Officer, 1850 Parkway Place, 12th Floor, Marietta, Georgia 30067; E-mail: PrivacyOfficer@matria.com; or call our toll-free number 1-800-456-4060 and ask to speak to Matria’s Privacy Officer.