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TERMS AND CONDITIONS OF USE

Your use of PersonalMD is subject to the following terms and conditions. PersonalMD may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of posting. You should review these terms and conditions every time you use this web site (the "Web Site") and its products and services ("PersonalMD Services") because they are binding upon you. You agree to review these Terms and Conditions of Use periodically to ensure that you are aware of any modifications.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions of Use and any modifications of those terms and conditions. If you do not agree to these Terms and Conditions of Use, you may not use the site.

PersonalMD.com Online Medical Record: PersonalMD.com offers an online medical record service (the "Online Medical Record Service"), pursuant to which you may compile your own online medical record using information provided by you or your physician(s). YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND DISSEMINATION OF YOUR ONLINE MEDICAL RECORD. PersonalMD DOES NOT IN ANY WAY EDIT, REVIEW OR AUTHORIZE THE RELEASE OF YOUR ONLINE MEDICAL RECORD, EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS OF USE OR THE PersonalMD PRIVACY STATEMENT. PersonalMD IS NOT LIABLE FOR ANY INACCURACY, OMISSION OR ERROR IN YOUR ONLINE MEDICAL RECORD.

General Disclaimer; PersonalMD Does Not Provide Medical Advice:

THE CONTENT ON THE PersonalMD.com SITE, IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO CONSTITUTE PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH PersonalMD.com OR THE WEB SITE IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PERSONALMD.COM SITE.

PersonalMD.com does not recommend or endorse any specific tests, products or procedures that may be mentioned on the Web Site. Any opinions expressed on the Web Site are the opinions of the individual authors, not of PersonalMD.com. PersonalMD does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information provided by PersonalMD.com, contributing authors or other visitors to the Web Site is at your own risk. PersonalMD assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction contained in materials provided to you. PersonalMD reserves the right to change or discontinue at any time any aspect or feature of the Web Site.

The PersonalMD Drug Interaction Tool: The PersonalMD Drug Interaction Tool (the "Drug Interaction Service") is a service provided to PersonalMD by Multum Information Services, Inc. ("Multum"). Through your use of the Drug Interaction Service, you agree to the terms of this section of the Terms and Conditions of Use. PersonalMD and Multum are not responsible for the results of your decisions resulting from the use of the Drug Interaction Service, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing a specific treatment based upon the Drug Interaction Service. Multum and PersonalMD do not guarantee the accuracy, timeliness or completeness of the drug information provided through the Drug Interaction Service. PersaonlMD.com and Multum do not endorse drugs, diagnose patients or recommend therapy. The Drug Interaction Service is an informational resource designed to assist licensed healthcare providers in caring for their patients and provide consumers with drug-specific information. The Drug Interaction Service is not a substitute for the care provided by licensed healthcare providers and you are urged to consult with your healthcare provider in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate. PersonalMD and Multum do not assume any responsibility for any aspect of healthcare services administered or not administered with the aid of information the Drug Interaction Service.

Honoring PersonalMD Copyrights: PersonalMD is maintained for your personal information and education. You may download on one computer or print one copy of the material on PersonalMD for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("PersonalMD Material") is copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any PersonalMD Material in any way for any public or commercial purpose. None of the PersonalMD Material may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-trasnsmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of PersonalMD.com, 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 ã 2000, PersonalMD.com, Inc.

Furthermore, you may not use or display PersonalMD Material on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use PersonalMD Material will automatically terminate and you must immediately destroy any copies you have made of PersonalMD Material. Any unauthorized use of PersonalMD Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Respect for Others: PersonalMD may provide chat rooms, message boards and other community forums ("Community Forums") on the Web Site. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. PersonaMD.com does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the PersonalMD site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions of Use:

    • Do not disrespect the privacy and views of others;
    • Do not use PersonalMD for commercial purposes, including the promotion of any specific goods or services;
    • Do not post obscene, defamatory, harmful or knowingly false information;
    • Do not use PersonalMD for unlawful purposes;
    • Do not impersonate another person;
    • Do not allow any other person or entity to use your identification to post or view comments; and
    • Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.

PersonaMD.com reserves the right to record dialogue in Community Forums. PersonalMD does not screen communications in advance and is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, PersonalMD may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. PersonaMD.com reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to confirm with these Terms and Conditions of Use. In addition to the removal rights described above, PersonalMD reserves the right to terminate a user's access to any or all Community Forums upon the user's breach of these Terms and Conditions of Use. PersonalMD reserves the right (but is not obligated) to edit or delete any communications posted on the PersonalMD site, regardless of whether such communications violate these standards for content.

Furthermore, PersonalMD reserves the right (but is not obligated) to monitor, edit or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions of Use, if required in the course of normal operations and maintenance of the PersonalMD site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of PersonalMD or others; or (iii) act in an emergency to protect the personal safety of our users or the public. PersonalMD HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

PersonalMD.com does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.

Through your use of the PersonalMD Community Forums, you are agreeing to all of the aforementioned Terms and Conditions of Use for such Community Forums contained herein.

Your Submissions: Excepting your personal medical information, any other communication or material you transmit to the Web Site by electronic mail or otherwise, including, but not limited to, any questions or answers, comments or suggestions will be treated as nonconfidential and non-proprietary by PersonalMD.com.

By posting communications to the Web Site, you automatically grant PersonalMD a royalty-, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such communications alone, or as a part of other works in any form, media or technology whether now known of hereafter developed and to sublicense such rights to anyone.

Anything you transmit or post (with the exception of your personal medical information) may be used by PersonalMD or licensed to others by PersonalMD for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Disclaimer of Warranties and Consequential Damages: PersonalMD does not warrant that the functional aspects of the Web Site, the Online Medical Record Service or other PersonalMD Services will be error- or that PersonalMD or the server that makes it available are of viruses or other harmful components. If your use of PersonalMD or PersonalMD Material results in the need for servicing or replacing property, material, equipment or data, PersonalMD is not responsible for those costs.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE, INCLUDING ALL PERSONALMD SERVICES, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PERSONALMD.COM AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE PERSONALMD.COM MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR THE PERSONALMD SERVICES, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR THE PERSONALMD SERVICES. PersonalMD.com AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE CONTENT CONTAINED ON THIS WEB SITE SATISFIES GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

You acknowledge that in connection with the PersonalMD site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of PersonalMD and its suppliers. Accordingly, PersonalMD assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the PersonalMD site.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Trademark Notice: PersonalMD and PersonalMD are trademarks or registered trademarks, logos or service marks of PersonalMD.com, Inc. Other names of products and/or services referenced herein or displayed on the Web Site are trademarks, or registered trademarks, logos, company names or service marks, of their respective owners, including PersonalMD.com, Inc.

Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on PersonalMD without the written permission of PersonalMD or such third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

Copyright Notice: All contents of PersonalMD are Copyright ã 2000 PersonalMD.com, Inc. and/or its suppliers. All rights reserved.

Links: On this site you may be offered links to other sites operated by parties other than PersonalMD.com. The inclusion of any link to such sites does not imply endorsement by PersonalMD of the sites. PersonalMD has not reviewed all of the sites linked to PersonalMD and is not responsible for the content or accuracy of any off-site pages or any other sites linked to PersonalMD.Com. Your linking to any other off-site pages or other sites is at your own risk and is subject to the terms and conditions of use of such sites.

Limitation of Liability: IN NO EVENT SHALL PersonalMD.com, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PersonalMD SITE, THE CONTENT OF THE WEB SITE, THE ONLINE MEDICAL RECORD SERVICE OR ANY OTHER PERSONALMD SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PersonalMD IS ADVISED OF THE POSSIBLITYOF SUCH DAMAGES. PersonalMD SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Indemnification: You agree to defend, indemnify and hold PersonalMD.com, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the PersonalMD Materials, the Community Forums, the Online Medical Record Service or any other PersonalMD Service in a manner that violates or is alleged to violate these Terms and Conditions of Use. PersonalMD shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

General Provisions: Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting products and services of PersonalMD and its affiliates. PersonalMD.com, Inc. controls and operates PersonalMD from its headquarters in Pleasanton, California, and makes no representation that PersonalMD Material is appropriate or available for use in other locations and at all times.

If you use PersonalMD from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to PersonalMD Material or PersonalMD Services may not be legal by certain persons or in certain countries. PersonalMD products and services are available in many parts of the world. However, PersonalMD may describe products or services that are not available worldwide.

Termination: You agree that PersonalMD may terminate your use of the Web Site, the Community Forums, the Online Medical Record Service or any other product or service of PersonalMD if PersonalMD reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of PersonalMD or any third party, or for any reason with or without notice to you. You agree that PersonalMD may modify or discontinue PersonalMD.com, with or without notice to you. You agree that PersonalMD will not be liable to you or any third party as a result of such modification or discontinuation.

Survival: The provisions entitled "Your Submissions," "Disclaimer of Warranties and Consequential Damages," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

Jurisdiction: You expressly agree that exclusive jurisdiction for any dispute with PersonalMD.com, Inc., or in any way relating to your use of PersonalMD ("Legal Action"), resides in the courts of Contra Costa County, State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute, including any claim involving PersonalMD.com, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Central District of California. These Terms and Conditions of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of law principles. If any provision of these Terms and Conditions of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to PersonalMD must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Complete Agreement: Except as provided in a particular "Legal Notice" on the Web Site, these Terms and Conditions of Use constitute the entire agreement between you and PersonalMD with respect to the use of the PersonalMD site and any content contained therein.

Notice: PersonalMD may deliver notice to you under these Terms and Conditions of Use by means of electronic mail, a general notice of PersonalMD.com, or by written communication delivered by first class U.S. mail to your address on record in PersonalMD.com's account information. You may give notice to PersonalMD at any time via electronic mail to PersonalMD or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

PersonalMD.com

7901 Stoneridge Drive, Suite 403

Pleasanton, California 94588

Phone: (925) 460-1337

 

 

[SERVICE AND PRODUCTS AGREEMENT --

PersonalMD.com Pager Medical Reminder Service

IMPORTANT: Read this agreement before using the PersonalMD pager medical reminder service (the "Reminder Service"). Your use of the Reminder Service indicates your acceptance of all of the following terms and conditions, as well as the Terms and Conditions of Use set forth below. If this Service and Product Agreement is unacceptable to you, do not use the Reminder Service. PersonalMD is willing to provide the Reminder Service to you only if you agree to be bound by each of the following terms.

Service Period: You shall be entitled to use the Reminder Service for a period of one year from the date on which you register, subject to compliance with this Service and Products Agreement and the Terms and Conditions of Use. The service period shall be automatically renewed for a one-year period on the anniversary of the date on which you register and on each subsequent anniversary of such date unless your account is terminated by PersonalMD or by you, as provided in the section of the Terms and Conditions of Use titled "Termination."

Termination of the Reminder Service: If PersonalMD terminates your account, PersonalMD will refund to you a pro rata portion of the Service Fee, to the extent that such fee has been charged to your credit card; provided, however, that if PersonalMD terminates your account because PersonalMD learns that you have provided false or misleading registration information or have violated the terms of this Service and Products Agreement or the Terms and Conditions of Use, you will not be entitled to receive a refund of any portion of the quarterly Service Fee. If you terminate your account for any reason, PersonalMD will not refund any Service Fees that have already been charged to your credit card.

User's Responsibilities: In order to use the Reminder Service, you must enter into a service contract with a provider of paging services. PersonalMD makes no representation as to the cost, reliability, quality, availability and dom from interruption of the services provided by a provider of paging services and bears no responsibility for, and makes no recommendation or representation as to, the provider you select. You are solely responsible for obtaining and maintaining paging services, including the charges of the provider of such services. In no event will PersonalMD be responsible for any cost incurred in obtaining or maintaining a paging system or any other equipment necessary to use the Reminder Service.

Privacy and Submissions: As part of the registration process for the Reminder Service, you will provide certain personal medical information to PersonalMD.com. PersonalMD will preserve the privacy of such information in accordance with the terms of the PersonalMD Privacy Statement. You should note, however, that in providing the Reminder Service to you, certain of your private medical information will be transmitted to and by a provider of paging services and these transmissions may be intercepted by third parties who may disclose such information. IN NO EVENT SHALL PersonalMD OR YOUR PROVIDER OF PAGING SERVICES (THE "PAGING COMPANY") BE RESPONSIBLE FOR ANY DISCLOSURE OF YOUR MEDICAL INFORMATION BY THIRD PARTIES IN SUCH CIRCUMSTANCES.

Do Not Rely Exclusively Upon the Reminder Service in Following Your Prescription Drug Regimen: The Reminder Service is intended merely to assist you in following the prescription drug regimen or other course of treatment recommended by your physician or caregiver. THE REMINDER SERVICE SHOULD NOT BE RELIED UPON TO ENSURE YOUR COMPLIANCE WITH A PRESCRIPTION DRUG REGIMEN OR COURSE OF TREATMENT. YOU ARE SOLELY RESPONSIBLE FOR FOLLOWING THE RECOMMENDATIONS OF YOUR PHYSICIAN OR CAREGIVER AND TAKING PRESCRIPTION DRUGS AND OTHER MEDICATIONS IN A SAFE AND APPROPRIATE MANNER.

Disclaimer Regarding Delivery of Service: PersonalMD does not guarantee the accuracy or timeliness of any reminders provided through the Reminder Service. The Reminder Service relies upon wireless line-of-sight paging transmissions that intermittently can be blocked by buildings or other obstructions, or can be interrupted due to failure of the Paging Company. YOU ARE SOLELY RESPONSIBLE FOR ALL INFORMATION THAT YOU PROVIDE TO FACILIATE THE OPERATION OF THE REMINDER SERVICE. For example, PersonalMD is not responsible for your failure to receive a reminder based upon your incorrect entry of the e-mail address of your pager.

Disclaimer Regarding Information Provided Through the Service: Information about your prescription drug regimen, including the names of drugs, dosage amounts, frequency of use and self-tests (collectively, the "Information"), was provided to PersonalMD by you or by your physician, pharmacist or caregiver (collectively, "Information Providers"), and PersonalMD assumes that these sources are reliable and that all information provided by Information Providers is complete and accurate. The accuracy, efficacy, completeness, timeliness or correct sequencing of this Information is not guaranteed by PersonalMD.com, or any parties transmitting (including the Paging Company) or processing the Information ("Information Processors"). PersonalMD.com, the Paging Company and Information Processors are referred to collectively in this Agreement as the "Disseminating Parties."

General Disclaimer: No Disseminating Party shall be liable in any way to you or to any other person for (i) any inaccuracy, error or omission in the Information, (ii) any interruption, delay or error in the transmission or delivery of the Information.

Paging Device: You agree to notify PersonalMD if you become aware of any of the following: (i) any loss, theft or damage to the paging device assigned to you or (ii) any unauthorized use of the paging device assigned to you, the Reminder Service or any Information.

Indemnification of Disseminating Parties: You agree to indemnify and hold harmless the Disseminating Parties from and against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys' fees) arising from your violation of this Agreement, the Terms and Conditions of Use or any third party's rights.

Incorporation of Terms and Conditions of Use: Your use of the Reminder Service is subject to this Service and Products Agreement and the PersonalMD.com Terms and Conditions of Use, which are set forth below. In particular, please note that the following sections of the Terms and Conditions of Use are applicable to your use of the Reminder Service: "General Disclaimer ; PersonalMD.com Does Not Provide Medical Advice," "Disclaimer of Warranties and Consequential Damages," "Limitation of Liability" and "Indemnification."]

[SERVICE AND PRODUCTS AGREEMENT --

PersonalMD.com Emergency Notification Service

IMPORTANT: Read this agreement before using the PersonalMD emergency notification service (the "Notification Service"). Your use of the Notification Service indicates your acceptance of all of the following terms and conditions, as well as the Terms and Conditions of Use set forth below. If this Service and Product Agreement is unacceptable to you, do not use the Notification Service. PersonalMD is willing to provide the Notification Service to you only if you agree to be bound by each of the following terms.

Service Period: You shall be entitled to use the Notification Service for a period of one year from the date on which you register, subject to compliance with this Service and Products Agreement and the Terms and Conditions of Use. The service period shall be automatically renewed for a one-year period on the anniversary of the date on which you register and on each subsequent anniversary of such date unless your account is terminated by PersonalMD or by you, as provided in the section of the Terms and Conditions of Use titled "Termination."

Privacy and Submissions: As part of the registration process for the Notification Service, you will provide certain personal medical information to PersonalMD.com. PersonalMD will preserve the privacy of such information in accordance with the terms of the PersonalMD Privacy Statement.

Do Not Rely Exclusively Upon the Notification Service to Notify Your Contact Persons of a Medical Emergency: The Notification Service is intended merely to assist you in contacting those persons specified by you (the "Contact Persons") in the event of a medical emergency. THE NOTIFICATION SERVICE SHOULD NOT BE RELIED UPON AS THE SOLE MEANS OF CONTACTING YOUR CONTACT PERSONS IN THE EVENT OF A MEDICAL EMERGENCY. YOU ARE SOLELY RESPONSIBLE FOR CONTACTING YOUR CONTACT PERSONS IN THE EVENT OF A MEDICAL EMERGENCY.

Disclaimer Regarding Delivery of Service: PersonalMD does not guarantee the accuracy or timeliness of any notices provided through the Notification Service. PersonalMD is not responsible for errors in the operation of messaging services of PersonalMD or the Contact Persons that may cause failure of the Notification Service or delays in the delivery of notices.

Disclaimer Regarding Information Provided Through the Service: Information about your Contact Persons (collectively, the "Information"), was provided to PersonalMD by you, and PersonalMD assumes that these sources are reliable and that all information provided by you is complete and accurate. The accuracy and completeness of this Information is not guaranteed by PersonalMD.com, or any parties transmitting or processing the Information ("Information Processors"). PersonalMD and the Information Processors are referred to collectively in this Agreement as the "Disseminating Parties."

General Disclaimer: No Disseminating Party shall be liable in any way to you or to any other person for (i) any inaccuracy, error or omission in the Information, (ii) any interruption, delay or error in the transmission or delivery of the Information.

Indemnification of Disseminating Parties: You agree to indemnify and hold harmless the Disseminating Parties from and against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys' fees) arising from your violation of this Agreement, the Terms and Conditions of Use or any third party's rights.

Incorporation of Terms and Conditions of Use: Your use of the Notification Service is subject to this Service and Products Agreement and the PersonalMD.com Terms and Conditions of Use, which are set forth below. In particular, please note that the following sections of the Terms and Conditions of Use are applicable to your use of the Notification Service: "General Disclaimer ; PersonalMD.com Does Not Provide Medical Advice," "Disclaimer of Warranties and Consequential Damages," "Limitation of Liability" and "Indemnification."]