.:.:: Keep Us Safer ::.:.

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Terms of Service	By using or accessing Keep Us Safer My Med Stats and/or My Help ID™, you expressly agree to be legally bound by the agreement listed below and all other terms or provisions. Please read all the terms and conditions of this agreement carefully and, if you agree, indicate your acceptance by clicking the “I accept” button. By clicking the “I accept” button you agree to be bound by the terms and conditions of this agreement, and you represent and warrant that you have full legal capacity to enter into this agreement. You represent and warrant that you have completed, or that you will complete all information in relation to this web site. This information you enter is correct and complete to the best of your knowledge. If in the future any of this information changes, you agree to promptly update your information on the site. You are solely responsible in all aspects for choosing and maintaining the confidentiality of your user ID and password. You agree to notify Keep Us Safer immediately of any unauthorized use of your e-mail address, user ID, password or any breach of security to the site that you are aware of. Keep Us Safer may refuse to grant a user ID or password to anyone that impersonates someone else. Keep Us Safer agrees to utilize good faith efforts to provide the service however, you are solely responsible for always ensuring that your medical information is correct and reliable. Keep Us Safer makes no guarantees, warranties or commitments with regards to the service provided. You accept any and all risks associated with your use of an internet-based system. In no way is Keep Us Safer designed to serve as a full or partial electronic health record for your physician. Keep Us Safer may at its discretion terminate or suspend operation of the site for maintenance or other reasons. In addition, technical and other issues may make the site unavailable at times. Keep Us Safer makes no guarantee, warranty or commitments that the site will operate in an error-free or uninterrupted manner. Keep Us Safer makes no warranties or representations with regards to the licensed product, the service, or the site, implied or expressed, including but not limited to any warranties or representations of title, no infringement, and merchantability for any particular purpose. The site’s information is subject to change without notice. Keep Us Safer, at its discretion may modify form time to time without notice the operation, features or availability of the site. Keep Us Safer owns all proprietary rights, including all patents, trademarks and copyrights, in and to the service and the licensed products. The user (you) is not licensed for trade secrets, related proprietary information and software source code. All trademarks (registered and unregistered) displayed on the site are Keep Us Safer under this agreement there is no right, license or intent in such trademarks granted. You expressly acknowledge and agree that no right is granted to you to copy, modify, change, store, rent, lease, revise, alter, sublicense, publish, transmit, assign, sell or commercially exploit in any manner any part of the licensed product, except as specifically provided to the contrary in this agreement. You may use the site and download and /or print a copy of information provided in this service for your personal use only, including for your use in providing a copy to your physician or other health care provider. You understand and agree that Keep Us Safer’s software and site is an information processing tool only and in no way is acting as a physician or other health care provider. In no event shall Keep Us Safer be responsible for any direct, indirect, special, incidental or consequential damages, including but not limited to , loss of data as a result of use or inability to use the software, personal injury or death. Even if Keep Us Safer is made aware of the possibility of such damage, in no case shall Keep Us Safer’s liability exceed the amount of the license fee paid in connection with the software, service and any associates, materials, content and documentation. Keep Us Safer in no way warrants that the functions contained in the service will be error-free or un-interrupted and that defects in the service will be corrected. You understand that we cannot and do not guarantee or warrant that files available for downloading through the service will be free of spy ware, infections, worms or other software that manifest contaminating or destructive properties. Keep Us Safer does not assume any risk or responsibility for use of the service, it is at your sole risk and you expressly acknowledge and agree. Keep Us Safer does not warrant the software, services, transactions, advice, completeness, correctness, usefulness, timelines, merchandise or other information provided through the service or on the internet and that the service will meet your requirements. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right. This agreement does not designate either party as an agent, partner or joint venture, employee, legal representative of the other party for any purpose whatsoever. Export of the licensed product outside the United States is subject to the Export Administration Regulations of the Bureau of Export Affairs, United States Department of Commerce. In the event you desire to export this software outside the United States, you, at your own expense, shall comply with all applicable regulations governing such export. Keep Us Safer makes no warranty relating to the exportability of the software to any particular country. The software and documentation are provided with restricted rights. Duplication, use or disclosure by the government is subject to restrictions set forth in subparagraphs (c) (l) (ii) of the rights in technical data and computer software clause at DFARS225.227-7013 or subparagraphs (c) (i) and (2) of the commercial computer software restricted rights at 48CFR52.227-19, as applicable. Each party shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers. These contingencies include but are not limited to riot, insurrection, sabotage, war or other act of civil disobedience, labor shortage or disturbance, failure or delay in transportation, act of public enemy, accident , explosion, fire, flood, severe weather, act of any government affecting the terms hereof or other act of God. This agreement constitutes the entire, final and exclusive agreement between the parties and supersedes any and all other prior or contemporaneous oral or written representations or agreements between the parties relating to the subject matter thereof. No amendments or modifications of this agreement may be made except as set forth in the agreement or in writing signed by both parties. By using our service, you agree to the terms and conditions set forth in this agreement. We reserve the right, in our sole discretion, to modify, add or delete, or change provisions of this agreement at any time and such additions or deletions, modifications or changes shall be effective immediately upon posting the revised agreement. You should not use our service and you should take steps to cancel your registered user account or subscriptions as applicable. You should check this agreement periodically for changes. By using our service after we post any changes to this agreement or otherwise notifies you of any such changes you agree to accept those changes, whether or not you have reviewed them. This agreement is governed by the laws of the state of Texas, without regard to its choice of law provisions. The parties agree that any dispute related to our site or this agreement that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction. The location of the arbitration shall be Houston, Texas. The arbitration shall be conducted by a single arbitrator with experience in healthcare technology matters. We may assign this agreement and any of its rights hereunder to third parties. The user shall have no right to assign this agreement or any of the user’s obligations hereunder. Every provision of this agreement is intended to be severable. If any section of this agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed from this agreement and the rest of this agreement will remain in full force and effect. You are solely responsible for the content of any information you provide to the site. In connection with your use of the site or any other communications with Keep Us Safer, you warrant and agree not to do any of the following. Not to provide any information or other materials that are abusive, vulgar, unlawful, obscene, threatening, profane, harassing, defamatory, libelous, or that which reasonable persons would otherwise find offensive. Not impersonate any other entity or person, or misrepresent your affiliation with any other person or entity. Not engage in any flooding of the site or spamming, or transmit any information software or other materials constituting a worm, Trojan horse, virus or other harmful computer programming routine. Not use the Keep Us Safer site or software in any way that is in furtherance of fraudulent, criminal or other unlawful activity. Not provide any information or other material that is the private, copyrighted, proprietary or confidential material of a third party without that third party’s written consent. You agree that your physicians and emergency contacts, as identified by you as part of the set-up of your online records, may access your information in connection with the updating of your information as well as in emergency situations. So long as your physician has not been grossly negligent or engaging in intentional misconduct, you agree that your physician shall have no liability of any kind in connection with its use or access to your information, and you agree to fully indemnify and hold your physician harmless from any claims, damages, suits or expenses of any kind related to such use or access. You are responsible for providing valid and legitimate credit card information belonging to you in connection with payments due in connection with our services. You agree to pay all charges resulting from your account at the process then in effect, including any unauthorized charges incurred prior to you notifying us of such changes. You agree that we may pass your credit card information and related personally identifiable information to our designated service providers for their use in charging you for our services. All service fees are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. This agreement is in effect for an initial term of one year, and will automatically renew for successive one year terms upon the expiration of the then current term unless either party provided at least thirty days prior written notice prior to the end of the then current term of its intent not to renew this agreement. Either party may terminate this agreement upon thirty days written notice to the other party, in the event the other party breaches any of the terms and conditions of this agreement and does not cure such breach within such thirty day period. After termination of this agreement, your access to our service will be cut off. All provisions of this agreement relating to payment,confidentiality, disclaimers, limitation of liability and our proprietary rights shall survive termination or expiration of this agreement. Keep Us Safer is committed to protection the privacy of your personal information. To review our privacy policy, please visit http://www.keepussafer.com/privacy. Remember you are in control of how much or how little third parties have access to the information you enter by safeguarding your password.
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