Your health is important, and VitalChart is very happy to be a part of helping you manage your health. We value your trust and have designed these terms of service, along with our privacy policy, to give you a clear understanding of what VitalChart provides, how you can use our web site, and what steps we take to protect your privacy. As always, if you have any questions or concerns of that are not addressed below, please contact us.

The following terms constitute an agreement between you and Medcryption, Inc., a Delaware corporation and the operator of the VitalChart Web Site ("we", "us", "The Site"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor browsing the Site and as a registered member. BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve any disputes arising with us, our partners and content sources, or any associated parties in the State of North Carolina. Please note that we offer the Site "AS IS" and without warranties.

We are not providing medical advice, diagnosis or treatment, or recommendations about where you should receive medical care. The Site is for informational purposes only. Decisions about your health and medical treatment should be made in consultation with your health care providers.

The Site provides a place where you can store your health records as well as your family members' health records. You can also use The Site to communicate with your health care providers, communicate with other VitalChart members, and read health news and reference information. The Site's Content ("Content") includes, but is not limited to: health news articles, medical encyclopedia information, drug information, and member-generated content such as health journal entries, ratings, and reviews. We may add or remove content or features/functionality from the Site at any time. The sections below contain further terms for specific features or groups of features within the site. Member-generated content, including everything posted to The Site by visitors and registered members, is not reviewed by us and is not in any way endorsed by us. The section titled Site Content below contains additional details about the Site's content.

The VitalChart Privacy Policy details how we protect the personal information you choose to store in The Site, as well as how you can manage your security and privacy settings in The Site. You consent to allow us to store your information on servers and storage facilities in the United States or other countries and to take secure measures to transfer your information to our storage facilities.

These Terms of Service apply to your relationship with us and our partners and vendors. We may change these Terms of Service at any time, as we deem appropriate, to ensure we continue to deliver the highest level of service. If we make changes that we believe will have a material impact on your use of the Site, we will contact you via email if possible, 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. Your use of any Service or of the Site after the changes take effect signifies your agreement to the new terms of service.

We are constantly working to improve how the Site delivers value to visitors and members, and in doing so we may add or remove features or content, or substitute existing features or content with another item.

If you choose to register with the Site and create your account, you will provide your email address, name, and a password. Together your account email address and password constitute the authentication credentials ("Credentials") you will use to sign in to the site in the future. If you choose to participate in the community areas of the Site, you will have the option to enable your VitalChart Profile, which contains your ScreenName - an alias that will protect your identity in any postings to the Site. You may not use a screen name that is vulgar or reasonably considered to be offensive to other members, attempts to impersonate another person, or violates the rights of others.

You are responsible for all use of the Site using your Credentials, including use by anyone who signs in using your credentials. You are in charge of ensuring your password remains secret and you should notify us immediately if you believe your password has been hacked, stolen or compromised in any way. You may only use the Site for lawful, non-commercial purposes. You may not use the Site in any manner that could impair or do any harm to our servers, network or technology we use to provide the Site. You may not interfere with any other party's use of the Site, or take actions that limit the Site's effectiveness for other parties. You may not attempt to gain unauthorized access to any protected areas or other members' accounts by any means. We may take any remedies, including legal action, to prevent the violation of other members' privacy and to enforce these Terms of Service.

In using the Site, you may accrue VitalChart Reward Points, which are redeemable for rewards items provided by us or through our partners.

How you earn reward points: reward points are provided to you either by us or through one of our rewards partners. To receive reward points from partners, you must sign up with the partner through the partner's VitalChart Rewards Partner Center within the Site. In receiving points from partners, you may be required to document exercise, medication adherence, and other attributes of your daily health, but your personal health information WILL NOT be communicated to the partner and the partner will not have any access to your information unless specifically noted in a supplemental agreement provided when you register with the partner. We and our partners reserve the right to add or subtract reward activities and to change the amount of points awarded for activities.

How you redeem points: you can redeem your points in the rewards section of the Site at any time.

About reward items: we make every best effort to provide desirable rewards, but we do not guarantee the availability of rewards and we reserve the right to change the points required for a reward and to remove or add reward items at any time.

The Health Records section of the Site enables you to store your family health records in one place. The accuracy of any records you store with the Health Records section is your responsibility alone, and we assume no liability for it and do not guarantee the accuracy of your information.

The Provider Messaging section of the Site is available for use by registered users only and is for sending secure messages to health care providers who are already registered with VitalChart and that you have an existing relationship with.

NOT FOR EMERGENCIES. The Provider Messaging section is not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Cost. Any cost associated with using Provider Messaging will be identified specifically. Costs include, but are not limited to: online consultation costs, refill cost, and all costs associated with accessing the Site. There is no cost for creating an account on the Site.

Medical Disclaimers. we make no warranty as to the content of any treatment response. You and your physician are solely responsible for all information and/or communication sent using Provider Messaging. The Site does not guarantee that using Provider Messaging is the appropriate course of treatment for your particular health care problem. You agree to contact your health care provider immediately should your condition change or your symptoms worsen. If you are experiencing an emergent or urgent condition, you should contact your local emergency services immediately. The Site DOES NOT SCREEN, PERFORM BACKGROUND CHECKS ON, CONFIRM THE QUALIFICATIONS OF, EVALUATE, OR ENDORSE ANY HEALTH CARE PROVIDER. YOU ARE SOLELY RESPONSIBLE FOR ESTABLISHING AND MAINTAINING THE RELATIONSHIP WITH YOUR HEALTH CARE PROVIDER (AND CONFIRMING OR EVALUATING QUALIFICATIONS).

Prescriptions. You agree that any prescriptions that you acquire through the the Site shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your health care provider if you have any questions regarding the prescription.

Referrals. Your health care provider may send a referral message and/or refer you as a patient to another provider. This referral message may contain personally identifiable health information about you. Your health care provider is solely responsible for obtaining any required consents for disclosing this information. You must inform your health care provider if you do not wish to be the subject of a referral message. The Site will not modify or alter any information contained in referral messages and/or attachments and cannot verify its accuracy or completeness. You agree that the Site bears no responsibility with respect to the foregoing.

All of the Content available on or through the Site is owned by us and our partners, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only, You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as expressly permitted in this agreement), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.

We extend no warranties or guarantees whatsoever for any content available in any sections of the Site.

Your use of Content provided by Thomson Healthcare

The following terms apply to your use of Content on the Site supplied by Thomson Healthcare:

The information contained in the Thomson Healthcare products is intended as an educational aid only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by medical professionals. Talk to your doctor, nurse or pharmacist before taking any prescription or over the counter drugs (including any herbal medicines or supplements) or following any treatment or regimen. Only your doctor, nurse or pharmacist can provide you with advice on what is safe and effective for you. The use of the Thomson Healthcare products is at your sole risk. These products are provided "AS IS" and "as available" for use, without warranties of any kind, either express or implied. Thomson Healthcare makes no representation or warranty as to the accuracy, reliability, timeliness, usefulness or completeness of any of the information contained in the products. Additionally, Thomson Healthcare MAKES NO REPRESENTATION OR WARRANTIES AS TO THE OPINIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF USE OF THE Thomson Healthcare PRODUCTS. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY EXCLUDED. Thomson Healthcare does not assume any responsibility or risk for your use of the Thomson Healthcare products.

The Site may include links to other websites, including links provided in third-party Content and links in search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and constitute an endorsement by us. You acknowledge and agree that we are not responsible or liable for the content or accuracy of sites linked from the Site.

You may not use the Site to harvest contact information contained on the Site as provided by members or otherwise. You may not allow others to use your account to violate the terms of this section. We may terminate your account or access to the Site immediately and take other measures, including legal action, if you or anyone using your Credentials violates these provisions.

The Site includes a community area, where members can post messages, information, and images ("Postings") such as discussion forums, health journal entries, and profile information. Postings are viewable by other members and visitors to the site. Keep in mind that your Postings are not confidential. In certain areas, such as your health journal and profile, you can designate whether Site visitors can view the information or if only registered members and/or members of your friends + family can view the Postings. Please make every effort to be observant of other members' and avoid posting offensive material. You may only post Postings to public areas on the Site that you created or that you have permission to post. You may not add Postings that violate these Terms of Service.

In addition to posting your personal experiences and information about yourself, you have the ability to rate health news articles and medications. Your ratings are considered Postings and are governed by these Terms of Service. Please be honest and respectful when adding your ratings.

We reserve the right to block your ability to post and/or to access the Site if you violate the terms of this agreement.

You (or the author) continue to own the copyright to your Postings but, by submitting Postings to the Site, you grant us and our partners 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 VitalChart Profile Screenname, which you select before posting, to attribute your postings if we so choose.

We have no obligation to prescreen or review Postings prior to their becoming available on the site, and we are not responsible for the content contained in any Postings. Please notify us of inappropriate or illegal content by using the Report Abuse link.

We reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and they should not be used as reliable medical advice.

In addition to Postings, you may submit feedback to us. We welcome your feedback regarding the Site. 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, and that we will own all intellectual property that we create based upon or incorporating your feedback.

You do not need to obtain permission from us to put a text link on your site that links to VitalChart.com.

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.

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 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.

WE PROVIDE THE Site "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE AND OUR PARTNERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS 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 PARTNERS 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 MEDCRYPTION/VITALCHERT REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR PARTNERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR AND OUR PARTNERS' 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 TWELVE MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. WE AND OUR PARTNERS 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 PARTNERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

VITALCHERT HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR VITALCHART HEALTH RECORDS, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR VITALCHART HEALTH RECORDS, 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, PARTNERS, 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 VITALCHART HEALTH RECORDS SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE VITALCHART HEALTH RECORDS SERVICE.

We may terminate and/or suspend your account 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 account 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 account 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 account at any time and for any reason. We recommend that you transfer any medical records or other information stored on the Site prior to terminating your account.

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, partners, 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. 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.

Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms of Service. 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 associated with your account, or (2) by posting the Notice on the Site. The delivery of any Notice from us is effective when sent or posted 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 account.

This contract and any supplemental terms, policies, rules and guidelines posted on the Site 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.

You agree that North Carolina laws govern this contract and any claim or dispute that you may have against us or our partners, without regard to North Carolina'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 partners will be resolved by a court located in North Carolina. 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 NORTH CAROLINA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN NORTH CAROLINA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

We may assign this contract at any time to 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.

All trademarks appearing on the Site are the property of their respective owners, including, without limitation, Medcryption, Inc., Creator of VitalChart. No right, license or interest to such trademarks is granted by this Agreement.