CARETEXTŽ

Terms and Conditions of Use

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. If you do not agree to all of these Terms and Conditions of use, do not use this site!

CARETEXT, LLC. ("CARETEXT") may revise and update these Terms and Conditions at any time. Your continued usage of the CARETEXT website ("CARETEXT Site," or the "Site,") will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the CARETEXT Site, such as text, graphics, images, information obtained from CARETEXT's licensors, and other material contained on the CARETEXT Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the CARETEXT Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. CARETEXT does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by CARETEXT, CARETEXT employees, others appearing on the Site at the invitation of CARETEXT, or other visitors to the Site is solely at your own risk.

CHILDREN'S PRIVACY.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

LIABILITY OF CARETEXT AND ITS LICENSORS.

The use of the CARETEXT Site and the Content is at your own risk.

When using the CARETEXT Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of CARETEXT and its suppliers. Accordingly, CARETEXT 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 CARETEXT Site.

The CARETEXT Site and the content are provided on an "as is" basis. CARETEXT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, CARETEXT, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the CARETEXT Site or CARETEXT.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the CARETEXT Site.

In no event shall CARETEXT, its licensors, its suppliers, or any third parties mentioned on the CARETEXT Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the CARETEXT Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CARETEXT is advised of the possibility of such damages. CARETEXT shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. CARETEXT is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. All submission to CARETEXT are considered confidential communications.

PASSWORDS

CARETEXT has several tools that allow you to record and store information. For example, CARETEXT is a service that allows you to record limited amounts of personal health information on a voluntary basis on HIPAA-compliant servers maintained by CARETEXT or on its behalf. CARETEXT is structured to allow access only to visitors with a valid password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your CARETEXT passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your CARETEXT account and password; (3) promptly inform CARETEXT of any need to deactivate a password. You grant CARETEXT and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. CARETEXT cannot and does not assume any responsibility or liability for any information you submit, including to CARETEXT, or your or third parties' use or misuse of information transmitted or received using CARETEXT tools and services, including CARETEXT.

CARETEXT reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. CARETEXT has no liability or responsibility to users of the CARETEXT Site or any other person or entity for performance or nonperformance of the aforementioned activities.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

CARETEXT may provide links to third-party web sites. CARETEXT also may select certain sites as priority responses to search terms you enter and CARETEXT may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. CARETEXT does not recommend and does not endorse the content on any third-party websites. CARETEXT is not responsible for the content of linked third-party sites, sites framed within the CARETEXT Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. CARETEXT does not endorse any product advertised on the CARETEXT Site.

INDEMNITY.

You agree to defend, indemnify, and hold CARETEXT, its officers, directors, employees, 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 violation of these Terms and Conditions.

GENERAL.

CARETEXT is based in Philadelphia, Pennsylvania in the United States of America. CARETEXT makes no claims that the service is appropriate or may be used outside of the United States. Access to the service may not be legal by certain persons or in certain countries. If you access the CARETEXT Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with CARETEXT, or in any way relating to your use of the CARETEXT Site, resides in the courts of the State of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Pennsylvania in connection with any such dispute including any claim involving CARETEXT or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is 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, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the CARETEXT Site, these Terms and Conditions and the CARETEXT Privacy Policy and Agreement constitute the entire agreement between you and CARETEXT with respect to the use of the CARETEXT Site, and Content.

Thank you for your cooperation. We hope you find the CARETEXT Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to help@caretext.com or via U.S. mail to CARETEXT at 11 Bala Ave, Suite 6, Bala Cynwyd, PA 19004 We try to answer every email in a timely manner but are not always able to do so.