TERMS OF USE

Effective: November 28, 2013

Welcome to Power2Patient ("P2P"). P2P, a division of Ageology, LLC, provides a web site and internet-based services offering a secure, private channel for healthcare consultation communications with your physician, personal medical information storage, on-line healthcare information, patient education, and related products, services and content (collectively the "P2P Services") through a patient portal - Power2Patient.

1.Terms of Use.The P2P Services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use and the policies of P2P (collectively, "Agreement"). The P2P Services are only available to users that have an existing patient-healthcare provider relationship with a physician or other healthcare provider that is a subscriber to the P2P Services ("Provider"). We will notify your Provider that you have agreed to these Terms of Use. We reserve the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions and you should therefore periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the top of this document.

Please read this Agreement carefully. It is a legally binding contract. By clicking "I Agree" below (on the website) or signing (paper form) and accessing or using the P2P Services, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to access or use the P2P Services and/or any of its components.

2.NOT FOR EMERGENCIES. The P2P Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

3.Use of Services.

3.1P2P Health Record. Your P2P Health Record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of an Intake Questionnaire becomes part of your P2P Record. You agree to provide accurate information for your P2P Health Record, to periodically review such information and to update such information as needed. For additional information regarding use of your P2P Health Record, please see our Privacy Policy. It is your responsibility to confirm any third party information in your P2P Health Record. You may authorize another person (such as a family member) to access your P2P Health Record by providing them your Patient ID and password. You acknowledge and agree that, unless you have a written agreement with your Provider to the contrary, your Provider will be (a) reviewing continuity and editing your P2P Health Record for updates, accuracy and completeness; or (b) relying on your P2P Health Record in connection with making treatment decisions. If your Provider is a member of a group, you acknowledge and agree that, to the extent authorized by your Provider, all members of the group may access your P2P Health Record and respond to your inquiries or provide services to you via P2P.

3.2Intake Questionnaire. Your Provider may provide an Intake Questionnaire in which you answer clinically-derived questions based upon your general symptoms and/or conditions for assessment by your Provider. P2P does not represent that an Intake Questionnaire is the appropriate course of treatment for your particular health care problem.

3.3Prescriptions. Your Provider may use P2P services to order or prescribe medication to a pharmacy or pharmacy management system. This order or prescription may contain personally identifiable information. Your Provider is solely responsible for obtaining any required consents for disclosing this information. You must inform your Provider if you do not wish to be the subject of an order or prescription. P2P will not modify or alter any information contained in an order or prescription and/or attachments and cannot verify its accuracy or completeness. You agree that P2P bear no responsibility with respect to the foregoing. You agree that any prescriptions that you acquire through the P2P Services shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your Provider if you have any questions regarding the prescription.

3.4Diagnostic Tests. Your Provider may use P2P services to send you as a patient to have diagnostic or other testing performed (i.e., laboratory imaging, etc.). This order may contain personally identifiable health information about you. Your Provider is solely responsible obtaining any required consents for disclosing this information. You must inform your Provider if you do not wish to be the subject of an order or requisition. P2P will not modify or alter any information contained in of an order or requisition and/or attachments and cannot verify its accuracy or completeness. You agree that P2P bear no responsibility with respect to the foregoing.

3.5Health Supplements. You or your Provider may use P2P services to order various health supplements (i.e., vitamins, hormones, imaging, etc.). This order may contain personally identifiable health information about you. You or your Provider is solely responsible obtaining any required consents for disclosing this information. You must inform your Provider if you do not wish to be the subject of an order. P2P will not modify or alter any information contained in of an order and/or attachments and cannot verify its accuracy or completeness. You agree that P2P bear no responsibility with respect to the foregoing.

3.6Educational Resources. Your Provider may send you information regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related Web sites and specific questions related to your P2P Health Record. Additionally, P2P may make available self care informational services which provide general medical and health information, which may be compiled from a variety of sources and should not be considered authored by P2P. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by P2P. P2P makes no warranty as to the content of these materials or the information contained therein.

3.7Your Account. You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the P2P Services under your own name and to use the P2P Services in accordance with this Terms of Use, Privacy Policy and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify P2P of any unauthorized use of your password or other security concerns of which you become aware.

3.8Cost. P2P does not charge you for your use of the P2P Services. However, your Provider may charge you for P2P Services. You are solely and personally responsible for these fees and/or copayment charges and agree to pay any such amounts to your Provider as appropriate. Generally, these fees and/or copayments are not covered by health insurance or government programs and P2P is not responsible for determining the coverage status of any services provided.

3.9Medical Disclaimers. P2P makes no warranty as to the content of any treatment response. You and your Provider are solely responsible for all information and/or communication sent during an Intake Questionnaire or other communication. Nothing contained in these services or Terms of Use should be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by P2P. Your Provider is not an employee or agent of P2P, and is an independent contractor making independent health care treatment decisions. You agree to contact your Provider immediately should your condition change or your symptoms worsen. Even if you have granted your Provider access to your P2P Health Record, unless you and your Provider have agreed otherwise, you should not assume that your Provider is actively reviewing it for changes and you should actively communicate any changes that concern you to your Provider. If you are experiencing an emergent or urgent condition, you should contact your local emergency services immediately.

3.10Provider Disclaimer. P2P DOES NOT SCREEN, PERFORM BACKGROUND CHECKS ON, CONFIRM THE QUALIFICATIONS OF, EVALUATE, OR ENDORSE ANY PROVIDER. YOU ARE SOLELY RESPONSIBLE FOR ESTABLISHING AND MAINTAINING THE RELATIONSHIP WITH YOUR PROVIDER (AND CONFIRMING OR EVALUATING QUALIFICATIONS).

3.11Intellectual Property. P2P hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the P2P web site and to use the P2P software to the extent necessary to use the P2P Services solely for your personal, noncommercial use. With the exception of your P2P Health Record, P2P retains all right, title and interest in and to P2P, the P2P Services and any content, products, documentation, software or other materials on the P2P web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the P2P Services is the property of P2P or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by P2P or its licensors received through the P2P Services to anyone, including but not limited to others in your organization. Any copy made of information obtained through the P2P site must include the copyright notice. Use, reproduction, copying, or redistribution of P2P's logos is strictly prohibited without written permission from P2P. For additional information concerning P2P's intellectual property rights, see Intellectual Property under the Legal Notices section of this site, the terms of which are incorporated herein by reference.

4.Legal Notices and Disclaimers.

4.1General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE P2P SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AGEOLOGY, P2P AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, AGEOLOGY, P2P AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE P2P PRODUCTS AND SERVICES PROVIDED HEREUNDER.

AGEOLOGY AND P2P MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE P2P SERVICES.

4.2Limitation of Liability. IN NO EVENT SHALL AGEOLOGY, P2P NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGEOLOGY, P2P NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AGEOLOGY OR P2P IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

4.3Privacy. P2P respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of your P2P Health Record, including personally identifiable information provided to us, as outlined in our Privacy Policy, which is incorporated herein by reference.

5.General Legal Provisions.

5.1Third Party Sites. Although the P2P may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by P2P. P2P takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does P2P take responsibility for the privacy policies and practices of these third-party links.

5.2Operation and Record Retention. P2P reserves complete and sole discretion with respect to the operation of the P2P Services. P2P may, among other things withdraw, suspend or discontinue any functionality or feature of the P2P Services. P2P is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. P2P is not responsible for maintaining data arising from use of the P2P Services. P2P reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the P2P Service pursuant to its Privacy Policy and other internal record retention and/or destruction policies. A copy of P2P's record retention and destruction policies are available upon written request.

5.3Limitations on Use. You agree not to access or use the P2P Services in an unlawful way or for any unlawful purpose. You shall send e-mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of P2P or any of its users. You also agree not to share your password or login credentials with anyone else. P2P reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

5.4Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AGEOLOGY, P2P AND THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY's FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR PROVIDER, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF SERVICES THROUGH P2P, OR ANY NEGLIGENT OR WRONGFUL USE OF THE P2P SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

5.5Third Party Rights. The indemnification provisions set forth above and the provisions under Section 5 are for the benefit of Ageology, P2P, and their respective affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.6Term and Termination. This Terms of Use shall commence upon the date you first access or use the P2P Services and/or complete the registration process. Either you or P2P may terminate this Terms of Use and your right to use the P2P Services at any time, with or without cause, and that termination may be communicated to your Provider. In the event that the relationship between P2P and your Provider is terminated, P2P may communicate that to you and will terminate your access to P2P. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Agreement, or the rules for use of the P2P Service promulgated by P2P from time to time. Upon any termination, P2P will cease your access to or use of the P2P Services, and P2P shall manage your Health Record in accordance with the Privacy Policy.

5.7Notice. P2P may provide notice by e-mail to the e-mail address you provided P2P in registration, by a general notice on the P2P Web site, or by written communication delivered by first class U.S. mail or express courier to your address on record in the P2P Services account information. In the event that we must notify you regarding a potential unauthorized disclosure of your personal health information, we may do so via email. You may give notice to P2P at any time via electronic mail to LegalNotice@power2patient.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to Ageology, LLC, 150 East Huron Street, Suite 820, Chicago, IL 60611. Attn: Chief Executive Officer.

5.8Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

5.9Entire Agreement. This Terms of Use, together with any P2P rules or policies referred to herein, represents the complete agreement between you and P2P concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. P2P may modify this Terms of Use as set forth above.

5.10Assignment. You may not assign, transfer or delegate this Terms of Use or any part of it without P2P's prior written consent. P2P may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

5.11Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

5.12Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Illinois without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to P2P must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the P2P Services or web site.



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