LICENSE FOR USE, READ CAREFULLY BEFORE USING THE SITE.

By using the Site and Services, 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 the Site or Services! ClearHealth, Inc. ("CH") may revise and update these Terms and Conditions at any time. Your continued usage of the HealthCloud website and services ("Site," or the "Site,") will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the Site, such as text, graphics, images, information obtained from CH's licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by medical professional. Always seek the advice of your doctor before taking any prescription or over the counter drugs or following any treatment or regiment. Only your doctor can provide you with advice on what is safe and effective for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. CH 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 CH, CH employees, others appearing on the Site at the request of CH, or other visitors to the Site is solely at your own risk. 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 for you or any given patient. The entire monograph for a drug should be reviewed for a thorough understanding of the drug's actions, uses and side effects. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

You may use Site from within software applications or standalone for any reasonable purpose notwithstanding that such purpose is NOT for the purpose of extracting data to creating standalone repositories of the data or that such purpose places unreasonable burden on the equipment used to provide Site. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with CH or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CH. All rights not expressly granted herein are reserved to CH and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF CH AND ITS LICENSORS.

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

DISCLAIMER OF WARRANTY

THERE IS NO WARRANTY FOR THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program.

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

The Site and the content are provided on an "as is" basis. CH, 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, CH, 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 Site or CH. 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 Site.

In no event shall CH, its licensors, its suppliers, or any third parties mentioned on the 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 Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CH is advised of the possibility of such damages. CH shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. CH 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.

CH DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTRERED WITH THE AID OF CONTENT, INCLUDING BUT NOT LIMITED TO DRUG INFORMATION, AVAILABLE ON THE SITE.

USER SUBMITTED DATA

You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to CH by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to CH by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to CH by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—CH 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 or content in any media or medium, or any form, format, or forum now known or hereafter developed. CH may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to CH by email. We try to answer every email in a timely manner, but are not always able to do so.

ACCESS KEYS

CH has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your CH 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 CH account and password; (3) promptly inform CH of any need to deactivate a password. You grant CH 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. CH cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using CH tools and services.

CH MEMBER TO MEMBER AREAS ("PUBLIC AREAS").

If you use a Public Area, such as a user editable content page, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. CH is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

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

1. Using a Public Area for any purpose in violation of local, state, national, or international laws; 2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by CH in its sole discretion; 4. Posting advertisements or solicitations of business; 5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 6. Posting chain letters or pyramid schemes; 7. Impersonating another person; 8. Distributing viruses or other harmful computer code; 9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; 10. Allowing any other person or entity to use your identification for posting or viewing comments 11. Posting the same note more than once or "spamming"; or 12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of CH, exposes CH or any of its customers or suppliers to any liability or detriment of any type.

CH reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms. 2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). 3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. 4. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions. 5. Monitor, edit, or disclose any communication in the Public Areas. 6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

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

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.

CH may provide links to third-party web sites. CH also may select certain sites as priority responses to search terms you enter and CH may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. CH does not recommend and does not endorse the content on any third-party websites. CH is not responsible for the content of linked third-party sites, sites framed within the 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. CH does not endorse any product advertised on the Site. INDEMNITY.

You agree to defend, indemnify, and hold CH, 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.

CH is based in Phoenix, Arizona, in the United States of America. CH makes no claims that CH and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the 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 this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with CH, or in any way relating to your use of the Site, resides in the courts of the State of Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute including any claim involving CH 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 Arizona, 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.

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting CH's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. 3. Your name, address, telephone number and (if available) e-mail address. 4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. 6. A signature or the electronic equivalent from the copyright holder or authorized representative.

CH's agent for copyright issues relating to this web site is as follows:

ClearHealth, Inc. Attn: General Counsel 1900 W Chandler Blvd STE 15321 Chandler, Arizona 85224 This email address is being protected from spam bots, you need Javascript enabled to view it

Or call: 877-571-7679

In an effort to protect the rights of copyright owners, CH maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions constitute the entire agreement between you and CH with respect to the use of the Site, and Content. Thank you for your cooperation.

Copyright 2008 ClearHealth Inc. All rights reserved.