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TERMS OF USE AGREEMENT

Last updated: March 5, 2009

Welcome to the ARCA biopharma website (the “Site”), a website operated by ARCA biopharma, Inc. (“we” or “us”). This document (the “Agreement”) is a legal contract that describes the terms under which you are permitted to use this Site.

By using the Site, you agree to the following terms. If you disagree with any of the terms, you are not permitted to use the Site. We reserve the right to change the terms of the Agreement at any time, so please click on the Terms of Use link and review for changes when you use the Site. We will change the date listed above if and when we modify the terms of this Agreement. Changes in the Agreement will be effective when notice of such change is posted. By continuing to use the Site following the posting of changes, you agree to be bound by those changes.

LIMITED LICENSE

Subject to the terms of this Agreement, you are authorized to use the Site exclusively for informational purposes. You may not use the Site to generate revenue or to distribute or redistribute any portion of the Site. The Site contains material that is protected by copyright, trademark, or other intellectual property rights belonging to us or third parties, and the Site itself is protected as a collaborative work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site. You may not frame the content of the Site or use metatags or any other “hidden text” that incorporates our trademarks or our name without our express written consent.

SECURITY

You agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else. You also agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or the content contained therein without our prior express consent (except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site). You agree not to send messages through, or collect information from, our servers or networks except when we expressly authorize you to do so.

LINKS TO AND FROM THIRD-PARTY WEBSITES

For your convenience, we may provide links to third-party content, websites, or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material. Third-party websites are not covered by this Agreement, and we are not responsible for the content or practices of any such website, even if it links to this Site or even if the website is operated by a company affiliated or otherwise connected with us.

You may link to the home page of this Site as long as the link does not cast us in a false or misleading light or suggest or imply that you own or are the author of content on the Site or that you have a relationship with us.

INTERNATIONAL USERS

We operate this site from the United States of America. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any reference to products or services on the Site does not imply that we intend to announce or offer those products or services in your country.

INFORMATIONAL NATURE OF THE SITE

If you are an investor, you are advised to rely on our formal SEC and other public disclosures, not on company information distributed via this Site. We provide information about certain corporate activities and events as a convenience to you, but we do not guarantee the completeness or accuracy of the information provided on the Site, and we do not guarantee that all information we disclose will be provided on this Site. The Site may contain certain forward-looking statements based on current expectations, forecasts, and assumptions that involve risks and uncertainties. These statements are based on information available to us as of the date hereof, and our actual results could differ materially from those stated or implied, due to risks and uncertainties associated with our business, which include the risk factors disclosed in SEC and other public disclosures. Neither historic stock prices nor other information contained in our investment disclosures are an indication of future performance.

The information on this Site is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. We do not represent that the information provided here is applicable to your particular medical condition and do not intend the Site to be used for the purpose of medical treatment. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.

DISCLAIMER AND LIMITATION OF LIABILITY

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE INFORMATION OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We are not liable for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Site or any linked website, even if we are expressly advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify and hold us, our subsidiaries and affiliates, and our and their officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, liabilities, costs of debt, and expenses (including but not limited to attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the Site; (ii) your violation or alleged violation of any term of this Agreement; or (iii) your violation or alleged violation of any third-party right, including without limitation any copyright, property, or privacy right, or claims for negligence or gross negligence. You further agree to provide all requested assistance to the Indemnified Parties in defending or prosecuting any legal action covered by this indemnification. This defense and indemnification obligation will survive any termination of this Agreement.

INTEGRATION; SEVERABILITY; GOVERNING LAW; NO WAIVER

This Agreement constitutes the entire agreement between you and us, governs your use of the Site and completely replaces any prior agreements between you and us in relation to the Site. If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement and the other provisions will remain effective and enforceable and will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

This Agreement is governed by the laws of the United States and the State of Colorado, without regard to choice of law rules. Any claim or dispute against us arising out of or relating to the use of this Site must be resolved by the state and federal courts of the State of Colorado unless agreed upon by all parties.

Our failure to enforce any provision(s) of the Agreement or respond to your breach of your obligations under this Agreement shall in no way waive our right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.

QUESTIONS

Please contact legal@arcabiopharma.com if you have any questions or comments about this Agreement.
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