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July 23rd, 2008

Members Agreement and Disclaimer

THIS DESCRIBES THE TERMS AND CONDITIONS OF THIS SITE AS WELL AS YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY

General Terms and Conditions

By joining our group or accessing any areas of the medspace.net site ("Site"), users ("Users" or "you") agree to be legally bound and to abide by these Terms and Conditions. You must be at least 21 years of age to join. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT JOIN OUR MEMBERSHIP OR USE THIS SITE.

I. Scope of Agreement: Under this Agreement ("Agreement"), Medspace.net ("Medspace", "we", "our" or "us", etc.) furnishes online information and services (the "Service") to registered/active members or authorized users ("you", "your" or "member") in one (1) month, three (3) month, six (6) months and one (1) year intervals. By accepting the Terms and Conditions when registering or if you use the Service or Site in any way, you agree to be bound by this Agreement. The term "use" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. This entire agreement between you and us, supersedes prior agreements regarding its subject matter. Whenever new services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, products, information or other services. We may change this Agreement at any time as we desire, without notification. By continuing to use the Service, you agree to be bound any new version of the Agreement.

All Sales are Final. We have a NO REFUND POLICY. Once you submit your order for Medspace Membership, it is non-refundable. Unfortunately, we have had to adopt this policy because of a few dishonest individuals.

DISPUTE/CONTESTING OF CHARGE(S) Policy: You agree to not to dispute or contest any valid charge(s). You agree to the all terms for billing and policies detailed in these Terms & Conditions. If you question the validity of a charge or charges, you agree to first contact us with your complaint or question. This will allow for resolution in accordance to the Terms and Conditions set forth in this agreement. If the dispute/contest is not resolved and you, the user/member, dispute our charge or charge(s) to your bank or credit card company then: 1) Your membership will be terminated immediately without any refund; AND, 2) If the charge(s) is/are found to be valid, then the user authorizes, in accordance to these Terms, Medspace to charge the member's credit card for any amount outstanding PLUS a $105 per dispute administrative fee. Any further disputes after this will incur the same process, and eventually will be handled by our attorneys (to which their fees will be added to the outstanding amounts). By joining our Medspace Membership, you agree and authorize these potential remedy fees.

II. Scope of Service: The Site is an Information and Education site for Medspace Users. You agree that the Service should not be interpreted as medical advice, as an endorsement of any web site/listing/source, or as any statement or opinion in regards to healthcare in general. Medspace Members have access to our "Members Only" are which includes where we list, evaluate & rank online doctors and pharmacies. We do not supply professional medical advice; we are not doctors, physicians, pharmacists or medical professionals. We are a publicly available service that provides general, disinterested information. Remarks and data comprising the Service are for informational purposes only and are provided without warranty of any kind. In no event will we be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the Service, whether or not caused in whole or part by our negligence. If, notwithstanding the above, the Service Party is found liable for any loss or damage relating to the use of this Site, User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by the Service. The listings may not be suitable for all potential users of the Service. If you are found to be a "recreational user" or a "drug dealer", your membership will be immediately revoked with no refund. You assume the entire cost and risk of choosing to use a listed source. All information provided by the Service is obtained from sources believed to be accurate and reliable. Additionally, our rankings and evaluations are providing as a guideline, but should not be taken as absolute or 100% accurate. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. Also the prices of medications may vary from source to source. We have no way of ensuring any quoted prices on any medications. All prices of medications found throughout our website are strictly samples of potential savings. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE.

III. Membership Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your Membership and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select.

IV. Copyright and Limitations on Use: The Service is the property of Medspace.net and may only be displayed, formatted and printed for your personal, non-commercial use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information received through the Service to anyone without our prior written consent. You may not post any content from the Service to news groups, mail lists or electronic bulletin boards, without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

You also agree that you will not give out log-ins and/or passwords to other users. We reserve the right to cancel any Medspace Membership, without refund, if we discover that a Medspace Membership account is being used by more than one person, or if a log-in/password is given to another person.

V. User Comments, Feedback and Other Submissions: All comments, feedback, suggestions and ideas disclosed, submitted or offered to the Service or in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of the Service and may be used in any medium and for any purpose worldwide without obtaining your specific consent. Your name may be used with any Comments you submit. Although this is rare and consent is usually asked for and obtained. Currently, your information is kept strictly private, however, in the future we retain the right to pass information to another party for the purposes of resale. The Service is not under any obligation to maintain your Comments (and the use of your name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. In our sole discretion, any Comments we consider offensive, improper or inappropriate, may be modified or deleted, and can, at our discretion, result in immediate termination of your membership without refund.

VI. Failure to Access Service: You agree that we are not responsible for your inability to log-on to the Service, either because of poor Internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.

VII. Indemnification; Governing Law; Jurisdiction: You agree to defend, indemnify, and hold us, our employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from your breach of this Agreement.

This Agreement is personal to you, and you may not assign your rights or obligations to anyone. We reserve the right to change our Terms and Conditions at any time, without notification. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement shall be deemed to have been made in the State of Texas, and shall be governed by the laws of the State of Texas. The parties expressly stipulate to jurisdiction in, Texas, or the United States District Court, Dallas, Texas District, as appropriate.

 

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