Healthrecordsonline.com is an online health information and records storage service provided by Healthrecordsonline Inc. ("HRO") subject to your agreement with all of the terms of use set out below. These terms of use affect your rights. Please read them carefully before using the Healthrecordsonline.com website (the "Site"). By using the Site, you agree to be bound by all of the following terms of use (the "Agreement").

1. NO LIABILITY
When using the Site, information may be transmitted over the Internet, and is beyond the control and jurisdiction of HRO. HRO 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.

IN NO EVENT SHALL HRO 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) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

2. INDEMNITY
You agree to defend, indemnify and hold HRO, as well as 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 this Agreement.

3. CONFORMANCE WITH LAW
HRO is based in Portage la Prairie and Winnipeg, Manitoba, in Canada. HRO does not represent or warrant, or make any claim whatsoever, that the Site or Content is suitable for viewing or complies with the laws of jurisdictions other than Manitoba. If you access the Site from outside Manitoba, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

4. ARBITRATION, CHOICE OF LAW AND JURISDICTION
You agree and acknowledge that any dispute with HRO, or with any of the parties with whom it contracted to operate the Site and/or maintain, update or alter the Contents, arising in any way out of the use or inability to use the Site and/or its Contents will be settled in accordance with the Arbitration Act of Manitoba, and understand that this will preclude you from bringing any action in the courts of Manitoba or any other jurisdiction. You further acknowledge and agree to the exercise of personal jurisdiction by an Arbitrator in the province of Manitoba in connection with any such dispute.

The Site and Content, as well as this Agreement, are governed by the laws of the province of Manitoba, and you acknowledge and agree that Manitoba is the proper jurisdiction in which to resolve any dispute arising out of the use of the Site or Content.

5. ADVERTISEMENTS AND LINKS TO OTHER SITES.
The Site may contain links to other websites. These links are provided only as references to assist you in finding other websites which you may find of interest. The websites to which links are provided were developed and are owned by parties other than HRO, and HRO is accordingly not responsible for the content of any such third-party sites, sites framed within the Site, 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 of use of use for such sites. HRO does not endorse any product advertised on the Site.

6. OWNERSHIP OF COPYRIGHT
The Site and Content are protected by the intellectual property laws of Canada and of foreign jurisdictions. Any use of the Content not expressly permitted by this Agreement may violate copyright, trademark, and other laws. If you violate any of the terms of use contained in this Agreement, your license to use the Site automatically terminates.

7. LICENSE AND SITE ACCESS
HRO grants you a limited license to gain access and make personal use of this Site in order to create your own health records, and to take advantage of any products or services available on the Site from time to time. This license does not extend to downloading (other than page caching) or modifying the Site, or any portion of it, except with express written consent of HRO. This license does not include any resale or commercial use of this Site or its contents, and this Site, and any information contained therein, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

8. PRIVACY
Your privacy is as important to us as it is to you and forms part of the license granted to you. Please review our Privacy Policy and our Security Statement.

9. ADMINISTRATION OF ACCOUNTS
i) General
Membership entitles users to access the Site. Membership fees become due and payable on an annual basis. HRO will endeavour to notify members by email (at the email address specified in the account contact details entered by you);
(a) when a membership fee becomes due.
(b) when access to an account is about to be denied and when data is due to be deleted from their record in accordance with the terms of use of this agreement. However, HRO cannot take responsibility for the failure by any member to receive such notification.

ii) Renewal of membership
You agree that all membership services and benefits will cease in the event that membership fees are not paid when due. Payments on overdue accounts will be applied to renewal of membership as at the date the membership fee became due.

Denial of access to a member's account
HRO reserves the right to deny access to any member's data on the date a membership fee becomes due, in the event that payment is not received by HRO on or before such date; however HRO may, in its discretion, permit overdue payments to be made after a membership fee becomes due before denying access.

Termination of Membership Services/Deletion of Data
You agree that all membership services and benefits for your account will cease on the date that any renewal membership fee becomes due, in the event that payment is not received by HRO on or before such date. In the event that membership is not renewed by the user by remittance of membership fees on the date payment is due, HRO shall have the right to delete all data entered by you, or, at its option, to require you to remove all data entered into your record; however HRO may, in its discretion, permit you an extension of time for the payment of renewal membership fees after a membership fee becomes due before deleting data. However, HRO makes no agreement in this regard and cannot accept liability for any deletion of data in the event that membership renewal fees are not paid when due.

iii) Free Trial Account
HRO may from time to time offer free trial accounts to users at its discretion. In the event that you are the user of a free trial account, the following terms of use shall apply:

Denial of access/Removal of Data
You agree that all membership services and benefits for such trial account will cease on the date the first membership fee becomes due, in the event that payment is not received by HRO on or before such date. In the event that membership is not continued by the user by remittance of membership fees on the date payment is due, HRO shall have the right to (i) deny access to your trial account, and (ii) delete all data entered by you, or, at its option, to require you to remove all data entered into your record.

iv) Member USER-ID and PASSWORD
HRO WILL NOT RE-ISSUE NEW USER-IDS AND PASSWORDS TO AN ACCOUNT. When you sign up with the Site, during the signup process you will be asked for a USER-ID and then assigned a PASSWORD. YOU SHOULD RECORD OR PRINT YOUR ACCOUNT DETAILS. This is extremely important, as these details will not be sent to members by any other means. Should you lose your account details you will also lose access to the data and records entered by you. Under no circumstances will a new User-id or password be assigned to an account.

This is a security measure that HRO has taken to protect the privacy of members' data.

10. SITE FOR INFORMATIONAL PURPOSES ONLY THE SITE AND ITS CONTENTS (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY.
You understand that, except for information, products or services clearly identified as being supplied by HRO, HRO does not operate, control or endorse any information, products, tests, procedures or services in any way. Neither the Content nor the Site is intended to be a substitute for professional medical advice, diagnosis or treatment. This Site is designed to assist you in creating a portable record of your health information and is not intended to be the sole source of medical information to you. Any medical questions you may have should be directed to a physician duly licensed to practice in your jurisdiction.

11. NO WARRANTY
HRO DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOVER WITH REGARD TO THE SITE, OR ANY MERCHANDISE, INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE. HRO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, CURRENCY OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.

i) Health Records
HRO does not make any express or implied warranties, representations or endorsements whatsoever, (including, without limitation, warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the information, products or services available on this Site. HRO attempts to be as accurate as possible. However, the information available on the Site may not be the most current and may not be as detailed as you require. We recommend that you consult your physician in conjunction with creating your health records.

ii) Services
You understand that services provided from time to time by HRO on this Site are provided for your convenience. THESE SERVICES ARE NOT MEDICAL ADVICE. THESE SERVICES ARE NOT INTENDED TO BE THE PROVISION OR PRACTICE OF MEDICAL, NURSING OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. THESE SERVICES ARE NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR ARE THEY INTENDED TO CONSTITUTE THE DOING OF BUSINESS ANYWHERE ON BEHALF OF HRO.

HRO cannot guarantee that the Site will be available at all times. DO NOT USE THE SITE AS YOUR ONLY SOURCE FOR REMINDERS OR DETAILS ABOUT YOUR HEALTH. You understand that HRO cannot and does not guarantee or warrant that this Site and its contents, and any records created by you, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or that it will be available to you at any time.

12. YOUR OBLIGATIONS
You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data and for maintaining a means external to the Site for the reconstruction of lost data.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is your sole responsibility to control the dissemination and use of activation codes and passwords; to authorize, monitor, and control access to and use of your account and password; and to promptly inform HRO in writing (mailed by postal service to HealthRecordsOnline Inc, Box 571, Portage La Prairie, Manitoba, Canada, R1N 3B9) of any need to deactivate a password. You grant HRO 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 your records.

You agree that you cannot use this Site if the laws of your jurisdiction make the use of this Site, or the use in accordance with this Agreement, illegal.

You agree to use the Site and Content solely at your own risk.

You agree that you will not act or rely on any product or service available from the Site. YOU AGREE TO SEEK THE ADVICE OF A PHYSICIAN DULY LICENSED TO PRACTISE IN YOUR JURISDICTION FOR MEDICAL ADVICE.

13. YOUR RIGHTS
You have the right to create health records for your personal use at this Site, and to modify those records at all times, subject to the terms of this Agreement. To assist you, HRO reserves the right to do any or all of the following:

• Record any or all information submitted by you.
• Remove any information or communication submitted by you which are abusive, illegal, disruptive, or that otherwise fail to conform with this Agreement.
• Terminate your access to any or all parts of the Site upon any breach of this Agreement.

HRO reserves the right to take any action it deems necessary to protect your personal safety.

14. SEVERABILITY AND WAIVER
If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

This Agreement constitutes the entire agreement and understanding between you and HRO with respect to the use of the Site and Content, and you accept the foregoing terms and agree to be bound by this Agreement.

Changes to this Agreement will be posted on this page so that you may always be aware of the terms of use in force and effect at any time. You agree to review this Agreement each time you use or gain access to this Site to be aware of such changes and your use of or access to the Site constitutes your acceptance of the Agreement as it appears at the time of your use or access.

Copyright © 2008 HealthRecordsOnline Inc.

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