MyTrustRex™ Terms of Service

Effective Date: September 1, 2007

Welcome to the MyTrustRex™ website!

The following terms constitute an agreement between you and The Nurse Company LLC (dba MyTrustRex™), the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site.

BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the State of Tennessee any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties.

1. About the Site

The Site contains helpful tools and applications to help Physicians manage their practice and communicate with their patients. We accept advertising on the Site and make sure that all ads are clearly marked. Everything we offer on the Site is referred to in these Terms of Service collectively as "the Services." To actively participate or store your information, you must register as a member.

2. Changes to These Terms of Service

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and Services, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site, or if you have registered as a member, cancel your registration. We recommend that you print or copy any information you have stored through the Services prior to canceling. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.

3. Registration

In order to register, you will provide some basic information to us about yourself, such as your email address and your date of birth. During registration you will provide an e-mail address and create a password. These are your credentials for accessing Services that are only available to members ("Credentials"). You may also be asked to select a screen name that will be your "nickname" on the Site. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others. You may have the option to submit information about yourself that our sponsors will use to supply you with information about products and services that interest you.

4. Your Personal Information

The MyTrustRex™ Privacy Policy explains the information practices that apply to the personal information we have about you, as well as the choices you can make about the ways this information is used. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us. Additionally, you agree that we, and vendors acting on our behalf, may use your Credentials to authenticate you on any Service or the Site.

5. Your Responsibilities

You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Please contact us at: info@thenursecompany.com if you believe your password may have been compromised. You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

6. Limitation on Use of Automated Tools

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.

7. Changes to the Services

We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.

8. Links to Other Sites

The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

9. Additional Terms

Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

10. No Spam

You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

11. Content You Send, E-Mail, Post or Submit

The Site includes a Message center, where members can e-mail, post messages, information, and images (“Postings”) such as medical histories, insurance information, and personal stories, that can be accessed and viewed by the intended Physician or Healthcare Provider or office and support staff working for or on behalf of the Physician or Healthcare Provider (“Recipient”). All postings to your Recipient are and remain confidential. You may not post Postings that violate these Terms of Service, and we reserve the right to block your ability to post and/or to access the Site and Services if you do.

You (or the author) continue to own the copyright in your Postings but, when (and if) submitting Postings to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.

In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.

12. Patient Registration & Practice Management Tools

Physicians and staff in their office may accept and process information including but not limited to medical records and medical histories, insurance billing, patient billing, collections, internal office communication, patient scheduling, etc.

13. Advertising Policy

We accept advertising that complies with our Advertising Policy as noted below. Please keep in mind that any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.

Sponsors and advertisers (“Advertisers”) may promote to all or any segment of our users including, but not limited to Physicians, Healthcare Providers, Individuals, and/or Office Staff (“Target Audience”). Advertisers may promote to Target Audience by geography (i.e. Nashville, California, Southeast, etc. US), type of practice (i.e. Internal Medicine, Psychiatry, Pediatrics, etc), and/or interest in healthcare topics (i.e. diabetes, depressions, etc).

14. Linking To This Website

You generally do not need to obtain permission from MyTrustRex™ to put a text link on your site that links back to the MyTrustRex.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website:

• The link must be a text-only link that clearly includes the phrases “MyTrustRex.com" or “MyTrustRex”.

• The link must "point" to a page on www.MyTrustRex.com

• The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MyTrustRex™’s good name and trademarks

• The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by MyTrustRex™

• The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows

• The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious

15. Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the contest, sweepstakes, or game, and which will be presented to you at the time you choose to participate in a contest, sweepstakes, or game.

16. Important Information about Specific Services

Inclusion of a physician or in the Directory does not imply referral, endorsement, or recommendation by us or our suppliers, nor does omission of any individual or facility signify disapproval. Although we update the Directory regularly, we do not guarantee that all physician and provider information is current and accurate. We and our suppliers are not responsible for the medical treatment or lack of treatment that you receive from any doctor in this Directory. This information is not verified or fact-checked by us or our suppliers. You are solely responsible for any decisions or actions you take.

17. International Use

The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

18. We Make No Warranties

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A MyTrustRex™ REPRESENTATIVE SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK.

19. We Do Not Provide Medical Advice

THIS SITE AND THE SERVICES DOES NOT OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. YOUR ACCESS OR USE OF THIS SITE AND THE SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON OUR PART OR THE PART OF OUR SUPPLIERS. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON THE SITE. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY THIS SITE, ITS EMPLOYEES, OR ITS GUESTS OR VISITORS, YOU DO SO SOLELY AT YOUR OWN RISK.

20. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENT’S AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

21. Personal Health Portfolio Limitation of Liability

MyTrustRex™ HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR PERSONAL HEALTH PORTFOLIO, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL HEALTH PORTFOLIO, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH PERSONAL HEALTH PORTFOLIO UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF THE USE OF THE PERSONAL HEALTH RECORD SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE PERSONAL HEALTH RECORD SERVICE.

22. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is canceled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any medical records or other information stored on the Site prior to terminating your registration.

23. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

24. Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

25. Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

26. Choice of Law and Location for Resolving Disputes

You agree that the law of the State of Tennessee governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the District’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the District of Columbia. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

27. Assignment

We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.

29. Trademarks

All trademarks appearing on the Services are the property of their respective owners, including, without limitation, MyTrustRex™. No right, license or interest to such trademarks is granted by this Agreement.