Your acceptance of these terms and conditions will govern the relationship between ERMedic and you and will constitute a binding agreement between ERMedic, you and all other Users of the account. It is important that you review this document carefully before agreeing. ERMedic may revise these terms and conditions at any time by updating them on its web site at www.ERMedic.com, (hereinafter, "the Web Site"). ERMedic may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the Web Site. You agree to review the terms and conditions posted on the Web Site periodically, and your continued access or use of the Web Site shall be deemed your conclusive acceptance of and agreement to be bound by the modified Terms and Conditions GENERAL DISCLAIMER: ERMedic, LLC ("ERMedic") respects the privacy of each customer's personal and medical information. However, the ERMedic membership service is a consumer-centric medical health record alert system that operates solely upon the information supplied, provided and periodically updated by you (the "User") on or as a result of this Website. Therefore, User unconditionally agrees, assents and warrants that User shall assume primary, complete and total responsibility for the security of User's ERMedic Personal Medical information account and that, furthermore, User has had an opportunity to review the protections afforded User under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and unconditionally agrees, assents and warrants that User has voluntarily elected to permit ERMedic to manage User's Personal Medical information account within the scope of the ERMedic membership services hereinafter described. Any and all personal information provided by User to ERMedic through this Website will be used only for the purposes of providing User with the services User has requested directly by utilizing this Website, specifically the platform and technology to store, update and retrieve User's Personal Medical Records. MEDICAL INFORMATION: User further agrees that any amendment, addition, modification or variation of User's medical information is carried out solely by User or any person authorized by User. User further agrees that User's medical information may be disclosed by ERMedic to any medical personnel (including doctors, nursing personnel, paramedics, or related healthcare providers) treating User in a medical emergency and such disclosure may be made by whatever form deemed fit by ERMedic including telephone, facsimile, email and/or video. GENERAL CONSENT: User further agrees that the details which User provides on this Website may be transferred within ERMedic, including to other parts of ERMedic in different jurisdictions, and by using this Website User consents to such transfer. In providing User's telephone and facsimile numbers User agrees that ERMedic may contact User by telephone and facsimile. Other than those individuals and entities following, User's contact details will not be revealed by ERMedic to any external body, unless ERMedic obtains User's permission beforehand, or is under either a legal obligation, or any other duty, to do so. The information provided by you at this Website may be disclosed by ERMedic to any other persons or organizations empowered to require such information pursuant to any laws or applicable regulations. Section 1. Definitions: "Account" means the facility provided to the User for uniquely identifying the User as a User of the ERMedic Services and for so accessing the ERMedic Services offered to the User. "Authorized Representative" means any person so authorized or designated by the User to access the Account of the User of his behalf. "Information Providers" means the third parties providing the data, content and information as part of the ERMedic Services. "ERMedic Content" means information in textual, graphic, audio, video or other format provided by ERMedic and the Information Providers. "ERMedic Services" means the ERMedic Card, access to data, information, reports, opinions and news in various formats relating to personal medical health, business and personal interests, including such data or information provided by Information Providers; offline input, chat rooms, discussion forums and other message exchange facilities; email; calendaring tools; resource booking tools; maps; database and storage facilities; template forms; such software (as is necessary) to access such information, data and services; registration, login and customization facilities; and any other additional features for the Web Site as may be introduced from time to time by ERMedic. "User" means a person who is registered and accepted by ERMedic to use the ERMedic Services. Section 2. Access to Accounts: Registration: All Users must register with ERMedic prior to using the ERMedic Service. By registering with ERMedic, the User warrants that all his supplied personal particulars are accurate, complete and current and will continue to ensure that it is so. ERMedic requires that all users are qualified to enter into a contract. ERMedic cannot accept registration or payments from persons who are not at least Eighteen (18) years of age. ERMedic will provide the User with an Account, to be accessed by way of the ERMedic-issued password. All Users registering for ERMedic are required to provide an email address and are to ensure that such email address remains valid and effective as long as he is a User of ERMedic. If you do not possess an email account, you can register with any of the free email service providers available on the web. Responsibility for Authorized Representative: The User may from time to time designate the Authorized Representative to have access to the Account and is responsible for controlling access of the Authorized Representative to the Account. The User shall procure that the Authorized Representative abide by these Terms and Conditions as if he were the User. The User shall take all reasonable steps to ensure that no unauthorized person shall have access to the Account. The User assumes primary responsibility for the security of the Account once it is accessed with a valid password and for all purchases and other obligations to ERMedic or its affiliates incurred by his Authorized Representative through the Account for ERMedic Products or Services. The User shall be responsible for all actions of the Authorized Representative and any notice to revoke the authority of the Authorized Representative shall not be effective until ERMedic has effected such revocation on its system. Access and Editing of Account: The User and his Authorized Representative have the ability to make changes, modify, alter, vary or delete any information in the Account. Upon any change, modification, alteration, variation or deletion of any information in the Account, an email will be sent to the User's designated email address informing him of the same and the User shall notify ERMedic of any error, inaccuracy or incompleteness in such email. [Offline Input Service: As a service to the User, ERMedic provides the Offline Input Service wherein the User may access and edit the Account in such manner and following such procedures as may be specified by ERMedic from time to time by authorizing personnel of ERMedic to access the Account. Any use of the Offline Input Service is also subject to the provisions of these Terms and Modifications.] Section 3. Privacy Information: ERMedic has adopted a set of information management guidelines, which serve as the basis for our User, advertiser and third party relationships. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, these guidelines are subject to change, without notice. Section 4. Copyright and Intellectual Property Infringement: The ERMedic Content is protected by International copyright and intellectual property laws, and title to the ERMedic Content shall not pass to any other person. Unauthorized use of the ERMedic Content may violate copyright, trademark, and other laws. None of the ERMedic Content may be reverse-engineered, disassembled, decompiled, modified, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of ERMedic, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: "Copyright © 2003 ERMedic. All rights reserved.". No person may sell or modify the ERMedic Content or reproduce, display, publicly perform, distribute or otherwise use the ERMedic Content in any way for any public or commercial purpose. The use of the ERMedic Content on any other web site or in a networked computer environment for any purpose is prohibited. ERMedic Content is subject to change without notice at the editorial discretion of ERMedic. Section 5. Use of ERMedic Services: The ERMedic Services are available through subscription to one of the various ERMedic service packages (generally, a "Service Package"). The services included in each Service Package are described on the Web Site. In addition, ERMedic may make available promotional offers from time to time for certain new or existing Users individually or collectively in any way it deems fit. If you disagree with any charges, you must immediately notify ERMedic to cancel your Account with ERMedic to avoid further charges. ERMedic will provide each User with a ERMedic Card. The ERMedic Card shall remain the property of ERMedic and shall be returned to ERMedic upon the termination of the User's Account. It is the responsibility of the User to ensure that all information on the User printed on his ERMedic Card is accurate and correct. ERMedic is entitled to charge an administrative fee for the replacement of any ERMedic Card. Section 6. Third Party Sales and Services: ERMedic provides hypertext links to the sites of third parties. It is understood and agreed that such links shall not be deemed to be an endorsement of ERMedic, and that Users will be solely responsible for evaluating the suitability of orders and purchases of products and services from third parties through connectivity provided by ERMedic. All transactions with third parties, including, without limitation, payment, warranties and delivery, are between the User and the third party. ERMedic makes no warranties or representations whatsoever with respect to such third parties or the products or services they offer on the Web Site, and is not liable for any cost or damage arising from any action or inaction of such third parties. Section 7. Rates: Change in Services and Content: ERMedic Services and ERMedic Content are subject to change, modification, restriction or discontinuation, and prices for services may vary. Any change may be applied generally or only to a particular category of Users. Notice includes, but is not limited to, updates to these Terms and Conditions posted on the Web Site, notification by electronic or conventional mail at the User's last known electronic or physical address, or any other means by which the User receives notice. Any use of the ERMedic Services after receipt of notice is deemed to constitute acceptance by of any change, modification, or discontinuation of any part of the ERMedic Services or any variation in price therefore. The Minimum Service Period will continue uninterrupted by your change of Service Package. In the event that the basic service package is paid for by a third party on the User's behalf, the User requesting the change will be responsible for payment of charges for premium service packages that are in addition to the cost of the basic service. Section 8. Termination: ERMedic may terminate the Account if: -you violate these Terms and Conditions after receiving notice from ERMedic of a prior violation; -there is a failure to meet payment obligations of your Account described in these Terms and Conditions; -there is a material breach any term of [the Service Agreement or] these Terms and Conditions; or, -there is a violation of any law or regulation with regard to the use of ERMedic Services. Section 9. Refund Policy: The User may cancel his Account at any time. The User may send a cancellation notice to ERMedic by e-mail, fax or post. User's cancellation will be effective at the end of the current billing period, which is the end of the current subscription period. No refund will be given for the service fees paid for the period that the User sends in a cancellation notice. Section 10. Company's Liability; Disclaimer of Consequential Damages: ERMedic Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. ERMedic makes no representations about the results to be obtained from using the Web Site or ERMedic Content. Use of the Web Site or the ERMedic Content is at your own risk. ERMedic does not warrant that the Web Site will operate without interruption or error-free or that the Web Site and its server are free of computer viruses and other harmful agents. If your use of the Web Site or the ERMedic Content results in the need for servicing or replacing data or equipment, ERMedic is not responsible for those costs. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence, User's errors or omissions, or due to the fault of third parties. The User agrees to look solely to the seller or manufacturer, and not to ERMedic, with respect to any express or implied warranties. Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. ERMedic does not endorse such materials and disclaims any and all liability for such content. The Web Site and the ERMedic Content and the equipment (if any) are provided on an 'as is', 'as available' basis without any warranties of any kind. ERMedic, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. ERMedic, its licensors, and its suppliers make no representations or warranties about the accuracy reliability, completeness, and correctness or timeliness of the ERMedic Content, ERMedic services, equipment, software, text, graphics and links. ERMedic, its information providers, its licensors, and its suppliers do not make any warranty that the content contained on the Web Site satisfies government law or regulations. The information presented on the Web Site should not be construed as consulting, legal, medical, tax or accounting advice. You should consult with your professional advisors familiar with our particular factual situation for advice concerning specific matters before making any decision. Certain links on this Web Site lead to servers maintained by individuals or organizations over whom ERMedic has no control. ERMedic makes no representations or warranties regarding the accuracy or any other aspect or the information located on such servers. In no event shall ERMedic, its licensors, its suppliers or any third parties mentioned at the Web Site be liable for any damages whatsoever (including, without limitation, incidental, and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web Site or the ERMedic Content, or for computer viruses, hacker intrusions or other digital hazards, whether based on warranty, contract, tort or any other legal theory, and whether or not ERMedic is advised of the possibility of such damages. ERMedic shall be liable to you only for gross negligence or willful malfeasance and only to the extent of actual damages incurred, which shall not exceed the base monthly fee paid to ERMedic for twelve month's service under these Terms and Conditions. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. Section 11. Indemnity: Users agree to defend, indemnify and hold harmless ERMedic, its affiliates, officers, directors, employees, agents, representatives and suppliers from all damages and costs, including attorneys' fees on a full indemnity basis associated with a User's breach of or failure to perform his or its obligations under these Terms and Conditions or a breach of any representation or warranty under these Terms and Conditions. Users agree to defend, indemnify and hold harmless ERMedic, its affiliates, officers, directors, employees, agents, representatives and suppliers from any claims, demands and liabilities, including medical costs and legal fees that may arise from the information it has provided. Users represent and warrant that all information about to be entered or already entered is true and correct. Section 12. System and Network Security: The User may not: 1.) ...tamper with other accounts, or commit unauthorized intrusion into the Web Site or any part of the ERMedic system (including but not limited to, the scanning of the Web Site or other networks with intent to breach and/or evaluate security), or use any of ERMedic's machines, files, accounts, or networks to intrude without authorization into any other system; 2.) ...use ERMedic Services not included in the Account, nor devise ways to circumvent security in order to access services that are not paid for; 3.) ...use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account; 4.) ...make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host including but not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.); 5.) ...use programs, scripts, or commands nor send messages with the intent to interfere with another User's terminal session. Section 13. E-Mail Etiquette: The User may not:- 1.) ...send unsolicited e-mail to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited e-mail. ERMedic Services should not be used to send unsolicited advertising messages to other network Users. User may not flood/spam newsgroups with commercial or non-commercial postings; 2.) ...continue to send e-mail to a recipient if the recipient has requested that the User discontinue such communication; 3.) ...transmit any e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients; 4.) ...forward or propagate chain letters of any type (including charity requests or petitions for signatures); 5.) ...mail bomb (that is, the practice of flooding a User or site with large or numerous e-mail messages); 6.) ...forge or modify header information; 7.) ... use the Account, to collect replies of messages sent from any other provider that violates these Terms and Conditions or those of the originating provider. The User identification of a sender contained in an e-mail is sufficient to verify the sender's identity and the authenticity of a communication, and any stored magnetic, optical or other non-paper copy of such e-mail, or a printout thereof, is adequate proof of the content of the original communication. The rules and regulations contained within these Terms and Conditions apply to other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phone. On occasion, ERMedic may have a need to communicate with the Users through e-mail billing issues, as well as changes/additions/modifications to the network and usage. It is up to the User to check e-mail sent to the primary login e-mail address on a regular basis. It is up to the User to notify ERMedic of any changes to the Account, such as phone numbers and addresses etc. Account modification may be made online at "Update Records" at the Web Site ( http://www.ERMedic.com ). Section 14. Duties Of Users: The User shall:- (a) be solely responsible for all information retrieved, stored and transmitted through the Web Site by him or by his Authorized Representative(s); (b) notify ERMedic if he becomes aware of or reasonably believes that there is any unauthorized use of his Account or any other breach of security, and to co-operate with ERMedic in all such investigations; (c) comply with all notices, directions or instructions given by ERMedic from time to time in respect of the use of this Web Site including but not limited to the usage guidelines as set out by ERMedic from time to time; (d) comply with and shall not contravene all applicable laws, regulations and directives including, without limitation, the laws of America, relating to the use of this Web Site; and (e) obtain all consents, approvals and licenses necessary prior to entering into any transactions on the Web Site. Section 15. User Submissions: Except as described herein, any communication which User posts on the Web Site is considered to be non-confidential. By posting communications on the Web Site, User represents that it has the ability to grant and grants ERMedic a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. Section 16. Reporting Network Abuse: Any party seeking to report any violations of ERMedic policy may contact via e-mail: info@ERMedic.com. Section 17. Taxes: The amount of any taxes that ERMedic may be required to pay or collect with regard to ERMedic Services provided under these Terms and Conditions shall be billed to and paid by the User or the party paying for the ERMedic Services on behalf of the User, as appropriate. Section 18. Governing Law: These Terms and Conditions shall be governed by United States law (except for the conflict of laws provisions thereof). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties each consent to the exclusive jurisdiction of the courts the United States of America in the event of any action arising out of or relating to these Terms and Conditions or its subject matter. Any such cause of action by a User must be brought within one (1) year after it arises. Section 19. Miscellaneous: These Terms and Conditions represents the complete agreement between ERMedic and the User concerning the licenses granted hereunder, replacing all prior oral or written communications concerning its subject matter. If any modification of these Terms and Conditions is unacceptable to the User, the User must immediately terminate his or her membership. If any provisions of these Terms and Conditions are held to be unenforceable, such provisions shall be reformed only to the extent necessary to make them enforceable. These Terms and Conditions will be binding on and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.