Health Profiles Upload Subscription Agreement
This Agreement (the “Agreement”) is made between the person or entity (the “Subscriber,” as particularly defined below) that completes and executes the Subscription Agreement, whether accessed from the Subscribe page of the website www.myhealthprofiles.com (the “Website”), or otherwise provided to Subscriber, and Allied Business Systems Inc.(the “Company”), and shall govern Subscriber's upload of, access to and use of any and all information, or data, and related material contained in the Website (the “Service”).
Subject to the terms of the Agreement, the Company agrees to provide website access to the Subscriber for a period of not more than one year from the Subscription Date (as defined below). The Subscriber and the Company hereby agree as follow
1. Subscriber agrees to pay in full the fee for access to the Website. By executing the Subscription Agreement, Subscriber agrees to be bound by the terms and conditions of the Agreement, including, without limitation, the Disclaimer (the "Disclaimer") of the Website. Subscriber is responsible for all telephone, DSL, cable or other charges related to the Subscriber’s connection to the Website.
2. All information, data, material uploaded to the Website is intended for the Subscriber's personal use only. Any reproduction, distribution or unauthorized use of such information by the Company is strictly prohibited without the express prior written consent of the Subscriber. The Subscriber acknowledges and agrees that the Company owns all rights, title and interest in the information provided in the Website, for the purpose of storage, backup, or removal in the event of non-payment of fees, or non-compliance with the security terms set forth in this document.
3. The Subscriber agrees to keep all information contained in and provided by the Website confidential, including without limitation, Subscriber's password and access to the Website. The Subscriber agrees not to copy, distribute or otherwise exploit any information contained in the Website. The Subscriber understands and accepts the terms of the Privacy Policy set forth on the Website.
4. The Subscriber understands and agrees that the service is provided to the Subscriber on an "as is" and “as available" basis. The company makes no representations or warranties, express or implied, of any kind, including without limitation any warranties of merchantability, fitness for a particular purpose, or as to any results to be obtained from use of the service or that the service will be uninterrupted or error-free. The company shall have no liability for the inaccuracy of the information contained in the service, for delays in providing the information, or for omissions therein. The Subscriber agrees that the information uploaded to the website is for information purposes only and shall not be construed to constitute medical advice.
5. Under no circumstances, including negligence, shall the company be liable for any direct, incidental, special or consequential damages under this agreement or otherwise, including any damages that result from the use of or inability to use the service. The company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. In no event shall the company's total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under this agreement for the current year of service.
6. The Subscriber agrees to indemnify, defend, and hold harmless the Company and its affiliates and their officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to the Subscriber's account (including, but not limited to, negligent or wrongful conduct), by the Subscriber or any other person accessing the Service using Subscriber's password.
7. The Agreement shall be governed by the laws of the State of California. The term of the Agreement shall automatically renew as of the date of the expiration of the Subscription for an additional period not to exceed one year from such date. The Company reserves the right to terminate the Subscriber's password and access to the Website and to cancel the Subscriber's Subscription at any time, without refund or notice, in the event that the Company believes, in its sole discretion, that the Subscriber is not in compliance with the terms and conditions of the Agreement.
8. Uploadable Documents must be in PDF format, and prepared by the Health Profiles software Program. Each document must be password protected, as well as encrypted. The Company maintains the right to periodically audit the integrity of the uploaded documents. PDF documents that do not meet the security criteria described, may be deleted by The Company as a safeguard against potential tampering with the document. Whenever possible The Company shall notify the Subscriber of the filename which has been deleted.
9. Upload Limitations: All documents to be uploaded must meet the security criteria as described in this agreement. All computer generated files regardless of type which are not encrypted PDF files with passwords generated by Health Profiles, will be deleted, or may be refused during the upload process. The maximum file size of any permissible file is one (1) megabyte. The total number of files uploaded by the Subscriber may not exceed 100.
10. There are no refunds or partial refunds given once one (1) or more files have been uploaded to the Subscribers upload area, or if The Company cancels the Subscription for a breach of this agreement. A Subscriber initiated cancellation of the service is effective upon written notice to The Company, or upon using the PayPal subscription cancellation. Upon receipt of this notice and at the end of the subscription period which has been paid, The Company may delete all previously uploaded files, and close the designated upload area to the Subscriber. Cancellation of the service shall stop recurring billing for the service.
11. This Agreement represents the entire understanding between the parties with respect to the subject matter hereof, and supercedes all other agreements, oral and written, with respect thereto.
Disclaimer
Allied Business Systems Inc., (the “Company”) makes no representation and gives no warranty, either express or implied, with regard to the information stored on the website. The user or Subscriber shall indemnify and hold harmless the Company and any of its affiliates against any judgment, liability, including negligence, loss, cost or damage (including litigation costs, and reasonable legal fees and any consequential, indirect or special loss) resulting from or arising out of the content of the information stored by the Subscriber. It is the sole responsibility of the Subscriber to ensure that all PDF documents have been properly encrypted and password protected before uploading them to the website. The Company bears no responsibility in ensuring timeliness, accuracy or usability of the uploaded PDF documents.