HEALTHCAREALERT.COM APPLICATION END USER LICENSE AGREEMENT

LICENSE AND YOUR WARRANTY:

The software that accompanies this license, including all documentation, content, images, fonts, and alerts as well as any third party software or content, in any media or any other form (collectively, the "Software") is the property of HealthCareAlert.com or its licensors, and is protected by copyright and other intellectual property law. Although HealthCareAlert.com at all times owns or licenses the Software, you will have certain rights to use the Software after your acceptance of this license. This Software is licensed, not sold to you, for use only under the Terms of this Agreement, and HealthCareAlert.com reserves all rights not expressly granted to you.

Title and intellectual property rights to any third party content displayed by or accessed through the Software belong to the respective content owner or third party provider. Such content may be protected by copyright, trademarks or other intellectual property laws and treaties and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

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

Subject to the Terms of this License you are granted a limited non-exclusive royalty free license to install and use this version of the Software. Except as may be modified by an addendum which may accompany or be added to this license, your rights and obligations with respect to the use of this Software are as follows:

You may:
(i) use one copy of the specified edition of Software and documentation on a single computer or mobile device, and only by one registered user. The Software is “in use” on a computer or mobile device when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device); and
(ii) use the content, clip art and images only in combination with the Software or as authorized under this License.

You may not:
(i) rent, lease, copy, distribute, license, sublicense or otherwise transfer the Software or its documentation to any other party. The Software contains copyrighted material, trade secrets and other proprietary material; or
(ii) decompile, reverse engineer, disassemble, translate, decrypt, make any attempt to discover the source code of the Software or otherwise reduce the Software to a human perceivable form, or modify, network, or create derivative works based upon the Software or the documentation in whole or in part, nor permit any other party to do so (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing the use of open-sourced components included with Software); or
(iii) use this Software for commercial purposes of any sort, without previous written approval by HealthCareAlert.com.

YOUR ACCOUNT INFORMATION:

You agree not to provide any false information through Site or the Software or to create an account for anyone other than yourself. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your account membership. You agree to keep your contact, account information and Personal Information up dated and accurate. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent of HealthCareAlert.com, which may or may not be granted, at the sole discretion of HealthCareAlert.com. You are responsible for any mobile fees that may apply in accessing our Site or Software, or retrieving alerts.

DATA COLLECTION AND PRIVACY POLICY:

You acknowledge and agree that HealthCareAlert.com may collect and retain information about you, such as your name, age, gender, and email address (“Personal Information”). Collection of this Personal Information and use of Personal Information is for the administration of the Software only. We will not sell, share, or transfer this data to third parties unless we indicate this herein. You understand that HealthCareAlert.com may employ other companies to perform functions on our behalf, such as sending emails, or providing marketing assistance. These companies may have access to Personal Information needed to perform their functions, and may not use such information for other purposes. In the event we employ third parties, we will advise you of the name of those third parties. By assenting to this agreement, you agree that you understand and accept our data collection and privacy policy. If you would like to inquire about our data collection policies, or make changes to your data, please email us at privacy@Healthcarealert.com. We do not knowingly collect or maintain Personal Information from individuals who are under the age of 18 years of age. Our Software is targeted at those who are 18 or older.

HealthCareAlert.com reserves the right to change our privacy policy at any time. If we decide to change our Privacy Policy, we will email you about the change. In the event that HealthCareAlert.com goes through a business change, such as a merger, acquisition or sale, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of HealthCareAlert.com or its assets may continue to use your Personal Information as set forth herein. You hereby consent to us sharing your Personal Information under the above circumstances.

Your California Privacy Rights (As Provided by California Civil Code section 1798.83). A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. California Customers may request further information about our compliance with this law by emailing privacy@HealthCareAlert.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.

EMAILS:

If you have registered with HealthCareAlert.com, you consent to allow us to contact you to provide you with information concerning your account, your alerts, and your use of our Software. Additionally, with each commercial communication you receive from us, you will be given the opportunity to indicate that you wish to "Unsubscribe" from receiving such future communications.

TERMINATION:

This License is effective until terminated. Licensee may terminate this License at any time by destroying the copy of the Software and its documentation. This License will terminate immediately without notice from HealthCareAlert.com if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy any copy of the Software and its documentation and cease and desist from any further use of the Software.

EXPORT LAW ASSURANCES:

You may not use or otherwise export or re-export the Software. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls as defined by EAR, 15 C.F.R. Parts 730-774, and BXA (http://www.bxa.doc.gov). You also agree that you will not use this Software for any purposes prohibited by U.S law.

WARRANTY:

YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALTHCAREALERT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SOFTWARE. HEALTHCAREALERT.COM DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT HEALTHCAREALERT.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, HEALTHCAREALERT.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT, ALERTS, OR SERVICES POSTED EITHER BY HEALTHCAREALERT.COM. YOU AGREE THAT NEITHER HEALTHCAREALERT.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR OPINIONS PROVIDED THROUGH THE SOFTWARE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND INDEMNIFICATION:

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND SERVICES, INCLUDING THE SUBMISSIONS THROUGH OUR SOFTWARE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HEALTHCAREALERT.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY HEALTHCAREALERT.COM. THE ENTIRE LIABILITY OF HEALTHCAREALERT.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

HealthCareAlert.com reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with HealthCareAlert.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by HealthCareAlert.com.

The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

GENERAL:

This License shall be governed by the laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Santa Clara County or the federal courts in the Northern District of California to resolve any disputes arising under this License. This License contains the complete understanding between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written. No provision hereof shall be deemed waived or modified except in writing. Updates may be provided at the sole discretion of HealthCareAlert.com.

The intellectual property protections, the disclaimers of warranties, and the limitation of damages shall survive termination. The failure or delay of HealthCareAlert.com to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach. If any provision of this Agreement is held invalid, the remainder of this Agreement will remain in full force and effect.

Should you have any questions concerning this Agreement, or if you desire to contact HealthCareAlert.com for any reason, please email HealthCareAlert.com at info@HealthCareAlert.com