TENNESSEE LINK/MEDICAL PROFILES ONLINE Subscriber Terms of Use
PLEASE READ THIS TERMS OF USE CAREFULLY. BY ACCESSING THE MED-ID-CARD.COM MEDICAL PROFILES ONLINE WEB SITE, DOWNLOADING CONTENT CONTAINED ON THIS SITE, OR MAKING USE OF ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE IN ANY WAY, YOU (FOR YOURSELF AS THE “SUBSCRIBER” AND FOR ANY SPOUSE OR DEPENDENT WHO IS NOW, OR BECOMES AT SOME FUTURE TIME, A “PATIENT” PURSUANT TO YOUR SUBSCRIPTION) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND REPRESENT AND WARRANT THAT ANY INDIVIDUAL WHO IS OR BECOMES A “PATIENT” (AS DEFINED BELOW) PURSUANT TO YOUR SUBSCRIPTION HAS READ AND AGREED TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE MED-ID-CARD.COM  MEDICAL PROFILES ONLINE WEB SITE OR ANY PRODUCTS SERVICES OR CONTENT CONTAINED ON THIS SITE.

"MED-ID-CARD.COM MEDICAL PROFILES ONLINE" WILL BE REFERENCED AS "MEDPROFILES" FOR THE REMAINDER OF THIS DOCUMENT.

MEDPROFILES  may modify this Terms of Use at any time, and such modification shall be effective immediately upon either the posting of the modified Terms of Use on the MEDPROFILES web site together with an announcement of such modified Terms of Use, or upon notifying you in accordance with the notice provisions of this Terms of Use, whichever occurs first. You agree to review this Terms of Use periodically to ensure that you are aware of any modifications.  If any modification of this Terms of Use is unacceptable to you, you must immediately terminate your use of and access to the MEDPROFILES Service.  Your continued access or use of the MEDPROFILES web site, or any products, services or content therein, after such posting or notice shall be deemed to constitute acceptance by you of such modified Terms of Use.

1. DEFINITION OF SUBSCRIBER
For purposes of this Terms of Use, the term “Subscriber” shall mean any individual who establishes an account via MEDPROFILES and accesses or uses the MEDPROFILES web site or other MEDPROFILES Service (as described below).

2. DEFINITION OF PATIENT
For purposes of this Terms of Use, the term “patient” shall mean any individual for whom a MEDPROFILES Medical Profile is created.

3. DEFINITION OF DESIGNATED PROVIDER
For purposes of this Terms of Use, the term “Designated Provider” shall mean any physician, nurse practitioner, physician assistant, chiropractor, optometrist, physical therapist, occupational therapist, medical group, pharmacist or other MEDPROFILES provider who accesses or uses the MEDPROFILES web site or who otherwise uses any other MEDPROFILES Service (as described below) and whom you have designated as authorized to have access to your MEDPROFILES records.

If you wish to authorize a provider to have access to your Medical Profiles Online, you may notify that provider of your username and password and the provider can access MEDPROFILES System for your information.  If you no longer wish to allow a Provider to have access to your MEDPROFILES records, you may access your records and change your password. 

You also have the ability to delete your entire record. 

4. PRIVACY
We handle and use the data in the MEDPROFILES System in ways that respect your privacy and are intended to comply with applicable state and Federal laws and regulations.  The handling and use of data in the MEDPROFILES system is governed by our Privacy Policy.  For additional information on the MEDPROFILES Privacy Policy please visit the MEDPROFILES Online site and review our Privacy Policy.

5. COST
MEDPROFILES allows 30 days as a "no charge" trial period. 
after this period of time, an established fee as which is posted on the Web site will be required. Profiles are subject to deletion for non-payment. There is no charge to access to the MEDPROFILES Web site.   

6. NOT FOR URGENT OR EMERGENCY SITUATIONS
MEDPROFILES ONLINE is not for use in emergency or urgent situations. If you are experiencing an emergent or urgent condition you should contact your local emergency services immediately.

7. FREEDOM OF CHOICE
Your use of MEDPROFILES ONLINE is voluntary.  There are other forms of communication with your provider and methods of storing personal medical information available to you.

8.  MEDPROFILES SUBSCRIBER SERVICES.
The "MEDPROFILES ONLINE Service" is a Web site and internet-based service offering healthcare communications, personal medical information storage, on-line healthcare information, and related products, services and content.

The MEDPROFILES ONLINE Service is a secure, private channel for communications between you and your  Provider(s).

Nothing contained in the MEDPROFILES ONLINE Service is intended to be instructional for medical diagnosis or treatment. Should you have any urgent health problems or time-sensitive healthcare-related questions, please call or see your doctor or other healthcare provider promptly. Always consult with your doctor or other qualified healthcare provider before embarking on a new treatment, diet or fitness program.

The information and services provided via the MEDPROFILES ONLINE Service are compiled from a variety of sources. MEDPROFILES ONLINE shall not be responsible for information provided in the MEDPROFILES ONLINE Service under any theory of liability or indemnity. MEDPROFILES ONLINE MAKES NO WARRANTY AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY INFORMATION OR CONTENT PUBLISHED ON OR VIA THE MEDPROFILES ONLINE SERVICE.

MEDPROFILES ONLINE makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, suitability, or completeness of the information in the MEDPROFILES ONLINE Service.

MEDPROFILES ONLINE is not engaged in the practice of medicine and the relationship between you and MEDPROFILES ONLINE is not a provider-patient relationship. You and your provider formed a provider-patient relationship without any intervention by MEDPROFILES ONLINE and MEDPROFILES ONLINE specifically disclaims any representation or warranty regarding the services provided by, or qualifications of, your provider or any provider at any site related in any way to MEDPROFILES ONLINE. MEDPROFILES ONLINE does not directly or indirectly practice medicine or dispense medical services as part of the MEDPROFILES ONLINE Service.

The MEDPROFILES ONLINE Service is not designed for, or intended to be used in, high risk activities in which the failure of or defects in the MEDPROFILES ONLINE Service might result in death, personal injury, physical or environmental damage or significant business injury, and you agree to avoid such use.

9. ON-LINE NEWSLETTERS
From time to time, MEDPROFILES may make available to you via the MEDPROFILES ONLINE Service certain on-line general information regarding common medical and health related topics in the form of newsletters.  These resources are not comprehensive medical text and do not include all the potential information regarding the subject matter.  This information is 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.  The information contained therein is not a substitute for seeing an appropriate healthcare professional for medical treatment.

Although these resources may be provided to you in a particular format, the information contained therein is compiled from a variety of sources and should not be considered a MEDPROFILES ONLINE- authored newsletter or article.  MEDPROFILES ONLINE makes no warranty as to the content of these materials or the information contained therein.

Nothing contained in these resources is intended to be instructional for medical diagnosis or treatment, or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by MEDPROFILES ONLINE.
If you no longer wish to receive a newsletter, you have the ability to opt-out of receiving these newsletter communications at any time by replying to unsubscribe in the subject line of the e-mail.

10. PREVENTIVE CARE ELECTRONIC COMMUNICATION
These messages are not comprehensive medical text and do not include all the potential information regarding the subject matter. Nothing contained in these messages is intended to be instructional for medical diagnosis or treatment, or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by MEDPROFILES ONLINE.  This information should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation.

The information contained in the message is not a substitute for seeing an appropriate healthcare professional for their medical treatment.  MEDPROFILES ONLINE makes no warranty as to the content of the messages or the information contained therein.

If you no longer wish to receive preventive care electronic communication messages, you have the ability to opt-out of receiving these messages at any time by replying to unsubscribe in the subject line of the e-mail.

MEDPROFILES ONLINE Medical Profile: Each patient who agrees to participate in the MEDPROFILES ONLINE Service will create a MEDPROFILES ONLINE Medical Profile to store their personal health information online.  MEDPROFILES ONLINE Medical Profiles are compilations of patient medical data entered by you, your provider or a third party.  Your provider is authorized to review and correct your MEDPROFILES ONLINE Medical Profile. You agree to update your MEDPROFILES ONLINE Medical Profile when your medical information changes.

The information contained in the MEDPROFILES ONLINE Medical Profile is provided and submitted directly by you or a Patient Account Manager designated by you (as described below). MEDPROFILES ONLINE will not modify or alter any information contained in your MEDPROFILES ONLINE Medical Profile.
You agree to provide accurate personal information in your MEDPROFILES ONLINE Medical Profile or any MEDPROFILES ONLINE Medical Profile you are responsible for as a Patient Account Manager.  You agree to periodically review and to update your MEDPROFILES ONLINE Medical Profile promptly if there is a change in the information you provided to MEDPROFILES ONLINE at the time of registration, including change of address or name.

Information in the MEDPROFILES ONLINE Medical Profile may also come from a source other than you, your Designated Provider(s)  through arrangements with third parties, such as other physician practices, health insurance plans, payers, and claims processing companies.  Information obtained from these third parties will be automatically included in your MEDPROFILES ONLINE Medical Profile as it becomes available.  This third party information is intended to assist your Designated Provider(s) in accessing an enhanced profile so that your Designated Provider(s) will be aware of other medications or treatments you are receiving that may affect your diagnosis and/or treatment.  MEDPROFILES ONLINE will not modify or alter any information coming from third party data sources and cannot verify its accuracy or completeness.  It is your responsibility to confirm any third party information in the MEDPROFILES ONLINE Medical Profile with your Designated Provider(s).

Access by Third Parties to MEDPROFILES ONLINE:  MEDPROFILES ONLINE will allow individuals to identify themselves as Patient Account Managers for other patients, such as family members.  You must designate a Patient Account Manager and authorize access to your MEDPROFILES ONLINE Medical  Profile via your Designated Provider(s).   MEDPROFILES ONLINE will only allow access to your TMEDPROFILES ONLINE Medical Profile by a Patient Account Manager your Designated Provider has verified that you have authorized.

Connection Costs.  You agree to be solely responsible for all costs incurred by you to connect to the MEDPROFILES ONLINE Service.

Equipment. You agree to be solely responsible for obtaining and maintaining all telephone, computer and other equipment necessary for connecting to the MEDPROFILES ONLINE Service.

Messages and Content. You agree to be solely responsible for the accuracy of the content of the healthcare messages and any other content you post on the MEDPROFILES ONLINE Service.

Independent Relationships. You agree that the relationships you have with all Designated Provider(s) through the MEDPROFILES ONLINE Service are independent of the MEDPROFILES ONLINE Service.

14.  SUBSCRIBER WARRANTY
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 MEDPROFILES ONLINE Service under your own name and to use the MEDPROFILES ONLINE Service in accordance with this Terms of Use and abide by the obligations hereunder.

15.  DISCLAIMER OF WARRANTIES
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE MEDPROFILES ONLINE SERVICE AND ALL OTHER ASPECTS OF THE PROVIDER-PATIENT RELATIONSHIP. MEDPROFILES ONLINE BEARS NO RESPONSIBILITY FOR ANY MATTERS RELATED TO THE FOREGOING.

THE MEDPROFILES ONLINE SERVICES (AS DEFINED BELOW), AND ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW.  MEDPROFILES ONLINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, INFORMATION PROVIDERS AND SUPPLIERS (COLLECTIVELY, THE "SERVICE AFFILIATES") HEREBY DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO MEDPROFILES ONLINE PRODUCTS AND SERVICES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS TERMS OF USE.  MEDPROFILES ONLINE AND THE SERVICE AFFILIATES MAKE  NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE MEDPROFILES ONLINE PRODUCTS AND SERVICES PROVIDED UNDER THIS TERMS OF USE.  MEDPROFILES ONLINE DOES NOT WARRANT THAT THE MEDPROFILES ONLINE SERVICES  MATERIALS, AND ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED THEREIN WILL SATISFY YOUR REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR.  MEDPROFILES ONLINE DOES NOT WARRANT AGAINST HUMAN OR MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA.

YOU ACKNOWLEDGE THAT YOUR USE OF THE MEDPROFILES ONLINE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.  YOU AGREE TO BE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY YOUR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF IMPLIED AND OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

16.  REVIEW OF POSTINGS & UPLOADS
MEDPROFILES ONLINE does not and cannot review all communications and materials posted or uploaded to the MEDPROFILES ONLINE Service and is not responsible for the content of these communications and materials. Moreover, MEDPROFILES ONLINE cannot and does not warrant that the materials, communications or files available for downloading from this site will be free of infection by viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties.

However, MEDPROFILES ONLINE reserves the right to block or remove communications or materials that, in its sole and absolute discretion, MEDPROFILES ONLINE determines to be:

• (a) abusive, libelous, defamatory, or obscene;
• (b) fraudulent, deceptive, or misleading;
• (c) in violation of a copyright, trademark, trade secret or other intellectual property rights of others;
• (d) in violation of this Terms of Use;
• (e) potentially harmful to MEDPROFILES ONLINE business operations or prospects; or
• (f) offensive or otherwise unacceptable.

17.  LIMITED LICENSE
Subject to the terms of this Terms of Use, MEDPROFILES ONLINE hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the MEDPROFILES ONLINE Service to the extent, and only to the extent, necessary to access, explore and otherwise use the MEDPROFILES ONLINE Service in real time. You agree not to reproduce or copy any documentation, content, text, data, graphics, images, audio or video clips, interfaces or other materials or works of authorship ("MEDPROFILES ONLINE Materials") in or on the MEDPROFILES ONLINE Service unless such reproduction or copying is expressly restricted or limited with respect to such portion of the Material.

The license granted herein does not permit you, and you agree not to:

(1) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the MEDPROFILES ONLINE Materials or any other part of the MEDPROFILES ONLINE Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the MEDPROFILES ONLINE Materials or any other part of the MEDPROFILES ONLINE Service, except as expressly permitted in writing by MEDPROFILES ONLINE or by law; or 
(2) Transfer, distribute, sell, lease, rent, disclose or provide access to the MEDPROFILES ONLINE Materials or any other part of the MEDPROFILES ONLINE Service to any third party or use the MEDPROFILES ONLINE Materials or TMEDPROFILES ONLINE Service to provide service bureau, time sharing or other services to third parties.

18.  ON-LINE COMMUNICATIONS
Subscriber agrees to the following with regard to communications with MEDPROFILES ONLINE and with any other Subscriber/Provider of the MEDPROFILES ONLINE Service:

• a. The Subscriber/Provider identification of a sender of communications contained in an electronic communication is sufficient to verify the sender's identity and the authenticity of the communication;
• b. An electronic communication sent by the Subscriber/Provider, containing the Subscriber/Provider's account information establishes the Subscriber/Provider as originator of the communication, and has the same effect as a written document signed by the Subscriber/Provider;
• c. Any stored magnetic, optical or other nonpaper copy of such electronic communication, or a printout thereof, is adequate proof of the content of the original communication as between the parties;
• d. Each time you upload a file or post information on the MEDPROFILES ONLINE Service, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other Subscriber of the MEDPROFILES ONLINE Service with whom you have authorized access, the right to download and use such file or information;
• e. To bear all responsibility to address information sent through MEDPROFILES ONLINE Services correctly;
• f. To ensure that your account is not used by anyone else, and to make all reasonable efforts to maintain the confidentiality of your password and your user name;
• g. That all transactions between you and third parties using the MEDPROFILES ONLINE Service, and all disputes regarding such transactions, are solely a matter between you and the other party and MEDPROFILES ONLINE bears no responsibility or liability for any such transactions;
• h. Not to hold MEDPROFILES ONLINE responsible for the accuracy, reliability or timeliness of, or for your reliance on, any opinions, advice, information or content appearing on the MEDPROFILES ONLINE Service;
• i. Not to use the MEDPROFILES ONLINE Service to enter into any business relationships of any kind that are not provided for in this Terms of Use or otherwise approved by MEDPROFILES ONLINE;
• j. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by MEDPROFILES ONLINE. MEDPROFILES ONLINE does not generally screen content provided by you to the Service. Notwithstanding the foregoing, MEDPROFILES ONLINE reserves the right to monitor content on the Service and to remove content.
• k. Files that you upload, messages and any other communications you engage in through the MEDPROFILES ONLINE Service are subject to review, modification and deletion without notice by MEDPROFILES ONLINE or its designee.
• l. Statements made in the MEDPROFILES ONLINE Service reflect only the views of their authors. Providers and other subscribers utilizing the MEDPROFILES ONLINE Service are not authorized MEDPROFILES ONLINE spokespersons, and their views do not necessarily reflect those of MEDPROFILES ONLINE.

You are responsible for your own information and your use of the MEDICAL PROFILES ONLINE Services. You may not, under any circumstances, do any of the following:

• a. post any information which is libelous or defamatory;
• b. post any message, data, image or program which is determined by MEDICAL PROFILES ONLINE in its sole and absolute discretion to be indecent, obscene or pornographic;
• c. post any data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
• d. use the MEDICAL PROFILES ONLINE Service for criminal or unlawful purposes, including posting or otherwise transmitting or displaying material that violates any local, state or federal law or regulation, or using the MEDICAL PROFILES ONLINE Service in a way that violates the rights of others;
• e. use the MEDICAL PROFILES ONLINE Service to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• f. intercept or attempt to intercept electronic messages or other private communications not intended for you;
• g. send electronic messages to other parties for any purpose other than personal communication, including to advertise or offer to sell goods or services to others, or use the MEDICAL PROFILES ONLINE Service as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your MEDICAL PROFILES ONLINE account as an address to which other Subscribers need to respond (except as otherwise expressly permitted by MEDICAL PROFILES ONLINE);
• h. use MEDICAL PROFILES ONLINE Services to obtain unauthorized access to information or facilities or to engage in unauthorized mass distribution of information;
• i. post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes;
• j. post or transmit any advertising, promotional materials or any other solicitation of others to use goods or services except in those areas (e.g. a classified bulletin board) that are designated for such purpose;
• k. upload or download files that contain software or other material protected by intellectual property laws, patent, copyright, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
• l. upload files that contain a virus or corrupted data, worms, "Trojan horses", or any other contaminating or destructive features;
• m. delete any author attributions, legal notices or proprietary designations or labels;
• n. use the MEDICAL PROFILES ONLINE Service in a manner that, in the sole and absolute opinion of MEDICAL PROFILES ONLINE, adversely affects the availability of its resources to other Subscribers/Providers or restricts or inhibits the use of MEDICAL PROFILES ONLINE Services by others;
• o. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Subscriber/Provider of the MEDICAL PROFILES Service, the Provider directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by MEDPROFILES ONLINE);
• p. falsely purport to be an employee or agent of MEDPROFILES ONLINE;
• q. cause any disruptive incident, or interfere with others’ use of the MEDPROFILES ONLINE Service; or
• r. act, or fail to act, in your use of the MEDPROFILES ONLINE Service, in a manner that MEDPROFILES ONLINE reasonably determines may be contrary to applicable law or regulation.

19. OTHER SITES
You are encouraged to use discretion while browsing the Internet on searches initiated via the MEDPROFILES ONLINE Service or connecting to other Internet sites linked to the MEDPROFILES Service.  These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.  It may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, defamation or libel laws.  MEDPROFILES ONLINE makes no representations that it has made any effort to review the content of any sites that may be connected to the MEDPROFILES ONLINE Service.

20.  OPERATION
MEDPROFILES ONLINE reserves complete and sole discretion with respect to the operation of the MEDPROFILES ONLINE Service. MEDPROFILES ONLINE may, among other things withdraw, suspend or discontinue any functionality or feature of the MEDPROFILES ONLINE Service.

You are responsible for developing and maintaining procedures to protect your information. For the purpose of MEDPROFILES ONLINE internal operation and maintenance, MEDPROFILES ONLINE may use, copy, display, store, translate, and reformat your information, and distribute such information to multiple computer systems. MEDPROFILES ONLINE does not guarantee that such procedures will prevent the loss or alteration of, or improve access to your information.

MEDPROFILES ONLINE is not responsible for maintaining data arising from use of the MEDPROFILES ONLINE Service. MEDPROFILES ONLINE will handle and maintain data in accordance with its internal operating procedures. MEDPROFILES ONLINE is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

21.  PROPRIETARY RIGHTS.
Except as otherwise stated in this Terms of Use and or MEDPROFILES ONLINE Privacy Policy, MEDPROFILES ONLINE and its Service Affiliates retain all right, title and interest in and to the MEDPROFILES ONLINE Service, the MEDPROFILES ONLINE Materials and any other content, products, documentation, software or other materials therein, excluding the contents of your Medical Profile, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary rights in any of the foregoing (the "MEDPROFILES ONLINE Property"). MEDPROFILES ONLINE grants only those rights and licenses expressly provided for in this Terms of Use and does not thereby transfer any title or ownership interest in the MEDPROFILES ONLINE Property. You agree not to remove or alter, or cause or allow to be removed or altered, any trademark, trade name, service mark, copyright notice or other proprietary rights notice or legend appearing in or on any of the MEDPROFILES ONLINE Property.

Taken all together, the entire content of the MEDPROFILES ONLINE Service, including the MEDPROFILES ONLINE Materials contained therein, excluding the contents of your Medical Profile, is the exclusive property of MEDPROFILES ONLINE and is protected as a collective work under the United States Copyright Act and other copyright laws. MEDPROFILES ONLINE holds the copyright in this collective work. The collective work includes works that are the property of the Service Affiliates that are also protected by copyright and other intellectual property laws.

Except as otherwise permitted under this Terms of Use or required by applicable law, any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

22.  LICENSE, DATA OWNERSHIP, AND IDEA SUBMISSIONS
You agree to grant to MEDPROFILES ONLINE a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, with the right to sublicense, to use, reproduce, distribute, transmit, modify, create derivative works of, and publicly display anonymous data, graphics or content derived from any materials and other information, excluding the contents of your Medical Profile except as expressly stated in this Terms of Use and/or the MEDPROFILES ONLINE Privacy Policy (the "Subscriber Materials") (including, without limitation, ideas contained therein for new or improved products or services) you submit to MEDPROFILES ONLINE by all means and in any media now known or hereafter developed. You hereby waive your rights in any such Subscriber Materials, and you hereby warrant that any such Subscriber Materials are owned by you, or that you have the right to submit such Subscriber Materials and grant the license herein. You agree that you shall have no recourse against MEDPROFILES ONLINE for any alleged or actual infringement or misappropriation of any proprietary right in any Subscriber Materials.

23.  SUBSCRIBER INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEDPROFILES ONLINE AND ITS SERVICE AFFILIATES (AS DEFINED ABOVE) 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 PROVIDERS, ANY ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH THE MEDPROFILES ONLINE SERVICE, OR ANY USE OF THE MEDPROFILES ONLINE SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING MEDPROFILES ONLINE USING YOUR SERVICE ACCOUNT.

24.  LIMITATION OF LIABILITY
YOU  AGREE THAT NEITHER MEDPROFILES ONLINE NOR ANY OF ITS SERVICE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU WHATSOEVER FOR ANY DAMAGE, EXPENSE OR LOSS OF ANY KIND, UNDER ANY THEORY OF LIABILITY OR INDEMNITY, IN CONNECTION WITH OR ARISING FROM:

ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR INFORMATION ON OR IN THE MEDPROFILES ONLINE SERVICE;

SERVICE INTERRUPTIONS, DELAYS OR ERRORS;

UNAVAILABILITY OR INACCURACY OF ANY CONTENT OR INFORMATION;

COMPUTER VIRUSES, HACKER INTRUSION OR OTHER DIGITAL HAZARDS;

DISPUTES RELATING TO TRANSACTIONS CONSUMMATED OVER THE MEDPROFILES ONLINE SERVICE BETWEEN YOU AND THIRD PARTIES;

YOUR FAILURE TO PERFORM ANY OF YOUR OBLIGATIONS OR MEET ANY OF YOUR RESPONSIBILITIES UNDER THIS TERMS OF USE; OR

ANY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF MEDPROFILES ONLINE, INCLUDING, WITHOUT LIMITATION, ANY DELAYS IN THE MEDPROFILES ONLINE SERVICES.

IN NO EVENT SHALL MEDPROFILES ONLINE OR ITS SERVICE AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), REGARDLESS OF WHETHER MEDPROFILES ONLINE OR ANY OF ITS SERVICE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF MEDPROFILES ONLINE OR ANY OF ITS SERVICE AFFILIATES FOR ANY LIABILITY, LOSSES, EXPENSES OR DAMAGES HEREUNDER OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE MEDPROFILES ONLINE SERVICE, UNDER ANY CIRCUMSTANCES WHATSOEVER, SHALL NOT EXCEED THE FEES PAID BY YOU TO MEDPROFILES ONLINE FOR ANY PART OF THE MEDPROFILES ONLINE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR SUCH LIABILITY, LOSS, EXPENSE OR DAMAGE, EVEN IF MEDPROFILES ONLINE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL MEDPROFILES ONLINE OR ANY OF ITS SERVICE AFFILIATES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.

TO THE EXTENT ANY OF THE LIMITATIONS OF LIABILITY PROVIDED IN THIS SECTION ARE RESTRICTED BY APPLICABLE LAW IN CERTAIN JURISDICTIONS, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

25.  TERM; TERMINATION
This Terms of Use shall commence upon the date you first access or use the MEDPROFILES ONLINE Service and/or complete the registration process therein. Either you or MEDPROFILES ONLINE may terminate this Terms of Use and your right to use the MEDPROFILES ONLINE Service at any time, with or without cause, upon notice. MEDPROFILES ONLINE also reserves the right to terminate or suspend your use of or access to the MEDPROFILES ONLINE Service for any reason, without prior notice, but MEDPROFILES ONLINE will confirm such termination or suspension by subsequent notice. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any individuals who are "patients" pursuant to your subscription) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the MEDPROFILES ONLINE Service promulgated by MEDPROFILES ONLINE from time to time.

Upon any termination, you will destroy all copies of MEDPROFILES ONLINE Materials in your possession and cease any access to or use of the MEDPROFILES ONLINE SERVICE.

26.  The provisions of paragraphs 15 (Disclaimers), 21 (Proprietary Rights), 22 (License, Data Ownership, Idea Submission),   (Indemnification), 24 (Limitation of Liability), 27 (Notice), 28 (Severability), and 29 (Miscellaneous), and any liabilities or payment obligations that have accrued prior to termination, shall survive any termination of this Terms of Use.

All licenses granted by MEDPROFILES ONLINE under this Terms of Use shall be revoked as of the termination of these Terms of Use.

27.  NOTICE
MEDPROFILES ONLINE may deliver notice to you under this Terms of Use by means of electronic mail to the e-mail address you provided MEDPROFILES ONLINE in registration, by a general notice on the MEDPROFILES ONLINE web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the MEDPROFILES ONLINE Services account information. You may give notice to MEDPROFILES ONLINE at any time via electronic mail to webmaster@med-id-card.com
or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
      MedCard Online
    Med-Id-Card.Com
    Medical Profiles Online
     3601 Rolling Hills Rd
     Cookeville, TN 38506

Electronic Mail: webmaster@med-id-card.com

28.  SEVERABILITY
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 in any way affect the validity or enforceability of the remaining provisions hereof. If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

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

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