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Terms of Use

Last updated on May 10, 2007

Please read the Terms of Use carefully before accessing or using this Site.

ACCEPTANCE OF TERMS

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms of Use"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. As a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (directly or indirectly).

ReminderMed may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Please regularly check the "Terms of Use" link on the home page of ReminderMed.com to view the then-current terms.

THE SITE

ReminderMed, Inc., its affiliates and agents ("ReminderMed") make this Web site available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents, communications, downloads, files, text, resources, programs and products made available at the Site by ReminderMed or users of this Site. "Services" means all services and resources offered at the Site, including wireless reminder services, products and other information services.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

All portions of this Site are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use thereof may violate such laws and the Terms of Use.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of ReminderMed or other third parties. You are not permitted to use the Marks without the prior written consent of ReminderMed or such third party that may own the Marks. ReminderMed and the ReminderMed logo are trademarks of ReminderMed.

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You agree to use the Services only to access, download, utilize, send or receive information and Materials in an appropriate manner. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

ReminderMed offers no guarantees and assumes no responsibility or liability of any type with respect to services of third parties available at the Site, including any liability resulting from incompatibility with ReminderMed Materials and Services.

ReminderMed, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. ReminderMed may at any time without notice and in its sole discretion: (a) terminate a Service or access to or use of any Materials; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as ReminderMed deems necessary to comply with applicable law, regulation, legal process or governmental request.

All required registration information that you provide to create an account must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify ReminderMed immediately.

RESTRICTION AND TERMINATION OF USE

ReminderMed may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in ReminderMed's sole discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES

The Site, Services or Materials may include links that will take you to other web sites outside of the Site ("Linked Sites"). The Linked Sites are provided by ReminderMed to you as a convenience and does not imply any endorsement or association by ReminderMed with any Linked Site. ReminderMed does not control such Linked Sites and is not responsible for their contents or your use of them.

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY REMINDERMED UNDER THESE TERMS OF USE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, REMINDERMED MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. REMINDERMED ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. REMINDERMED WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

INTERNATIONAL USERS

The Site is controlled, operated and administered by ReminderMed from its offices within the United States of America. ReminderMed makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

PERSONAL INFORMATION AND PRIVACY

ReminderMed will use and protect your data, such as your name and address, in accordance with the ReminderMed privacy policy, the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the ReminderMed online store.

LIMITATION OF LIABILITY

IN NO EVENT SHALL REMINDERMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING PERSONAL INJURIES AND/OR DEATH OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF REMINDERMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED BY YOU OR TO YOU; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY INACCURATE INFORMATION PROVIDED BY YOU TO THIS SITE, (9) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (10) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

ADVERTISEMENTS AND PROMOTIONS

ReminderMed may run advertisements and promotions from third parties on the Site in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third party's advertising or promoting on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third party. You acknowledge and agree that ReminderMed is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-ReminderMed advertisers on the Site.

INDEMNITY AND LIABILITY

You agree to indemnify and hold ReminderMed and its officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to or use of the Site (including all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site); (b) your violation of the Terms of Use; and (c) any dealings between you and any third parties advertising or promoting on the Site.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by ReminderMed from its offices within the state of Nevada, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State or Nevada, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of Clark County, Nevada and the United States District Court for the Southern District of Nevada with respect to such matters.

USE BY CHILDREN

If you are under 18, you may use the Site only with involvement of a parent or guardian. ReminderMed reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

GENERAL

The Terms of Use and other rules, guidelines, licenses and disclaimers posted at the Site or in connection with the Materials and Services constitute the entire agreement between ReminderMed and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and ReminderMed on such subject matter (including any prior versions of the Terms of Use). You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without ReminderMed's prior written consent. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. Any failure by ReminderMed to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

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