Terms and Conditions

Effective Date:  April 28, 2009

Terms & Conditions: The following terms and conditions are those between MedLifeSolutions™, Inc. doing business as MedLifeCard, relative to the use of MedLifeCard’s main storage Internet site, its Name site www.medlifecard.com And MedLifeCard’s and subscribers, enrollees, and member assignees, among the following: physicians, pharmacists, hospitals, health care facilities, other medical healthcare organizations, or persons of any profession or occupation who have permitted access to the subscriber’s file.

TERMS AND CONDITIONS OF USE Your use of MedLifeSolutions’™ Internet www.medlifesolutions.com and www.medlifecard.com. is subject to the following terms and conditions. We may revise these terms from time to time, with the revised terms taking effect immediately. You agree to review these terms and conditions every time you use Your File. (“Your File”) and MedLifeCard’s™ products and services because they are binding upon you. You agree to review these Terms and Conditions of Use periodically to ensure that you are aware of any modifications. In connection with your subscription to MedLifeCard, You will select the type of Service to which you are subscribing. 1) If you are a professional licensed medical practitioner, You must adhere to all the rules and regulations as stipulated by the Health Insurance and Accounting Act of 1996 (HIPAA). You acknowledge that the information stored on this site is the Patient’s information and MedLifeCard has not in any way contributed to the formation of the data in the records you have created. The provision of on-line non-content-based incremental templates for patient information is MedLifeCard’s contribution. 2) If you are an individual or family subscriber, the information You store on the MedLifeCard templates is Your information. You may share this information with anyone You choose. If You provide access to the information stored at MedLifeCard to anyone for purposes of diagnosis or treatment of any kind, that person providing the health care services is subject to the HIPAA regulations. You acknowledge that MedLifeCard is not providing health care services. It is an information depository and not the source for the information You own and have provided or have had provided. If you choose to terminate your relationship with MedLifeCard, You must give ninety (90) days written notice of Your Termination. During that time, You will arrange to download your file via the Emergency Record compartment of Your File or download your data via the download USB Flash Drive facility within the member compartment. Electronic files that have been stored in folders within the MedLifeCard active folders that You own shall also be downloaded independently. MedLifeCard bears no responsibility for the data you have stored or for the download of any of your files. This last provision pertains irrespective of the term of the subscription service. Pricing for the period of service until termination, download to the subscriber of its medical files, and erasure of the file(s), will be at the termination date.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. When using MedLifeCard™ you signify your assent to these Terms and Conditions of Use and any modifications of those terms and conditions. If you do not agree to these Terms and Conditions of Use, you may not use the site.

MedLifeCard™ Offers its subscriber an on-line File System for the entry of personal medical or other personal data. Your File contains certain medical information entered or collected by you. The subscriber may be a single person or a family member. The information in Your File may be entered directly by the subscriber or others. The information may be entered manually or electronically through an Internet browser from Your PC or other facility and Your personal content may be obtained from physicians, hospitals, pharmacists or other healthcare sources. Alternatively, access to Your file is by Your permission only. Any authorized entry to Your file will require the assignment of username and passwords authorized by you and data to be entered is by use of the MedLifeCard Internet Storage features. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND DISSEMINATION OF THE COLLECTED PERSONAL DATA, YOUR FILE. MEDLIFESOLUTIONS, INC./MEDLIFECARD DO NOT IN ANY WAY EDIT, REVIEW OR AUTHORIZE THE RELEASE OF THE COLLECTED PERSONAL DATA, EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS OF USE OR THE MEDLIFECARD PRIVACY STATEMENT. MEDLIFECARD IS NOT LIABLE FOR ANY INACCURACY, OMISSION OR ERROR IN YOUR ON-LINE FILE SYSTEM

General Disclaimer: MEDLIFESOLUTIONS, Inc and MedLifeCard are not the originating source of any personal information: YOU ARE. THE CONTENT maintained on YOUR FILE has been provided and affirmed by you. The MedLifeCard information templates have been acquired by You for Your medical storage purposes that includes the need to have Your medical and personal information immediately available for emergencies or consultations.

MedLifeSolutions/MedLifeCard Patents and Copyrights: MedLifeCard Internet Storage™ is maintained for your personal use. You should assume that everything you see at MedLifeCard (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) is patented or copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any Material in any way for any public or commercial purpose. None of the Material may be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of MedLifeCard, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: Any unauthorized use of MedLifeSolutions’ Material by you may violate patent and copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your Submissions: Your Personal File information, and any other communication or material you transmit to the MedLifeCard Internet Storage™ site, by electronic mail or otherwise, shall be confidential to You and will only be released to third parties at your direction or in a MEDICAL Emergency. Should you present your printed MedLifeCard™ ID, or other identification pertaining to YOUR MedLifeCard™ File, to a third-party, you shall be deemed to have consented to the distribution of the information in YOUR FILE.

Disclaimer of Warranties and Consequential Damages: MedLifeSolutions/MedLifeCard™ do not warrant that the functional aspects of its INTERNET Sites will be error-free or the server that makes it available does not have viruses or other harmful components. If your use of YOUR FILE or other MedLifeCard products and services results in the need for servicing or replacing property, material, equipment or data, MedLifeCard is not responsible for those costs. You acknowledge that in connection with the MEDLIFESOLUTIONS and MEDLIFECARD.COM INTERNET sites, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of MedLifeSolutions, MedLifeCard and its suppliers. Accordingly, MedLifeSolutions/MedLifeCard 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 www.medlifecard.com.

WITHOUT LIMITING THE FOREGOING, EVERYTHING AT MEDLIFESOLUTIONS, INC. PRODUCTS AND SERVICES, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDLIFECARD AND ITS STRATEGIC PARTNERS/ALLIANCES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MEDLIFECARD MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR THE SERVICES, OR ABOUT RESULTS TO BE OBTAINED FROM ITS USE OR THE SERVICES. AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE CONTENT CONTAINED AT MEDLIFECARD SATISFIES GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG USE.

Trademark Notice: MedLifeSolutions and MedLifeCard are trademarks, registered trademarks, logos or service marks of MedLifeSolutions, Inc. Your misuse of any trademark displayed on any MedLifeSolutions’ Internet site, www.medlifecard.com, or any other content displayed there, except as provided herein, is strictly prohibited.

Copyright Notice: All contents of MedLifeCard’s Internet site are Copyright ã 2000, 2001, 2002, 2003, 2004,2005, 2006,2007, 2008, and 2009 by MedLifeSolutions, Inc and MedLifeCard.com, Inc. All rights reserved.

Strategic Alliances: You may be offered links to other Internet web sites operated by parties other than MedLifeSolutions, Inc. MedLifeSolutions and its affiliates do not endorse these linked sites. They are there for your convenience. MedLifeSolutions is not responsible for the content or accuracy of any off-site pages or any other sites linked. Your linking to any other off-site pages or other sites is at your own risk and is subject to the terms and conditions of use of such sites.

Limitation of Liability: IN NO EVENT SHALL MEDLIFESOLUTIONS, INC, ITS AFFILIATES, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MEDLIFESOLUTIONS’ SITE, www.medlifecard.com , THE CONTENT OF THE WEB SITE, AND ANY OTHER SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDLIFECARD IS ADVISED OF THE POSSIBLITYOF SUCH DAMAGES. MEDLIFESOLUTIONS, INC. SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Indemnification: You agree to defend, indemnify and hold MedLifeSolutions Inc., MedLifeCard.com, its officers, directors, employees and 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 misuse. MedLifeSolutions shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Termination: You agree that MedLifeSolutions Inc. may terminate your use of the Web Site if it reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of MedLifeCard.com or any third party or for any reason with or without notice to you. You agree that MedLifeSolutions, Inc may modify or discontinue MedLifeCard, with or without notice to you. You agree that MedLifeSolutions, Inc. will not be liable to you or any third party as a result of such modification or discontinuation. Relative to the content you have stored at MedLifeCard, and in the event of discontinuation by MedLifeSolutions Inc., you shall have ninety days duration in time from receipt of email notice of said termination to arrange for the download of your file(s)

Survival: The provisions entitled “Your Submissions,” “Disclaimer of Warranties and Consequential Damages,” “Limitation of Liability,” “Indemnification” and “General Provisions” will survive termination of this agreement.

Jurisdiction: You expressly agree that exclusive jurisdiction for any dispute with MedlifeCard.com, Inc., or in any way relating to your use of MedLifeCard (“Legal Action”), resides in the courts In Carson City, Nevada, State of Nevada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute, including any claim involving MedlLifeCard, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in Nevada. These Terms and Conditions of Use are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of law principles. If any provision of these Terms and Conditions of Use are 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 these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to MedLifeSolutions, Inc/MedLifeCard must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Complete Agreement: These Terms and Conditions of Use constitute the entire agreement between MedLifeCard and you with respect to the use of YOUR FILE and any content contained therein.

Notice: MedLifeSolutions or MedLifeCard may deliver notice to you under these Terms and Conditions of Use by means of electronic mail, or by a general notice or by written communication delivered by first class U.S. mail to your address on record in MedLifeSolutions, Inc.’s account information. You may give notice to MedLifeCard at any time via electronic mail to MedLifeSolutions or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

MedLifeSolutions, Inc.
2533 N. Carson St. Suite 5532
Carson City, NV 89706
 

Disclaimer Regarding Information Provided Through the Service: Information about your prescription drug regimen, including the names of drugs, dosage amounts, frequency of use and self-tests (collectively, the “Information”), was provided to your File by you or by your physician, pharmacist or caregiver (collectively, “Information Providers”), and MedLifeCard assumes that these sources are reliable and that all information provided by Information Providers is complete and accurate. The accuracy, efficacy, completeness, timeliness or correct sequencing of this Information is not guaranteed by MedLifeSolutions, Inc, or any parties transmitting or processing the information. The role of MedLifeCard is that of a domain server containing your data information only

General Disclaimer: No Disseminating Party shall be liable in any way to you or to any other person for (i) any inaccuracy, error or omission in the Information that is content provided by you or your assignees, (ii) any interruption, delay or error in the transmission or delivery of the Information.

Indemnification of Disseminating Parties: You agree to indemnify and hold harmless the Disseminating Parties from and against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your violation of this Agreement, the terms and conditions of use or any third party rights. 

Date of Terms and Conditions April 28, 2009