TERMS OF USE

Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE DOCTOR EVIDENCE' WEBSITE OR ITS SERVICES OR PRODUCTS. BY USING THE DOCTOR EVIDENCE WEBSITE OR ITS SERVICES OR PRODUCTS, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE DOCTOR EVIDENCE WEBSITE OR ITS SERVICES OR PRODUCTS. OUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY DOCTOR EVIDENCE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The web pages available at www.doctorevidence.com ("Site") are owned and operated by Doctor Evidence', LLC ("Doctor Evidence"), and are accessed by you ("User") under the following terms and conditions:

1) ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Doctor Evidence may offer to provide certain services and/or products, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Doctor Evidence performs for User, as well as the offering of any content on the Site. Doctor Evidence may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Doctor Evidence also may impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Doctor Evidence reserves the right, at its sole discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services or the Site by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.

User certifies to Doctor Evidence that if User is an individual (i.e., not a corporation or another entity), User is at least 13 years of age and that, if User is under 18 years of age, User uses the Site and/or Services only with involvement of a parent or guardian. User also certifies that User is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2) SITE CONTENT. The Site and its contents are intended solely for the use of Doctor Evidence users and may only be used in accordance with the terms of this Agreement. The materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the ("Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

The Content displayed or provided on the Site are either the property of, or used with permission by, Doctor Evidence. The use of any Content by User, or anyone else authorized by User, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Site. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Doctor Evidence and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Doctor Evidence or such third party that may own the Trademarks displayed on the Site other than as set forth in this Agreement. User"s misuse of the Trademarks displayed on the Site, or any other Content on the Site, except as provided in this Agreement, is strictly prohibited. User also is advised that Doctor Evidence will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

User may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that User maintains all copyright and other notices contained in such Content. User shall not store any significant portion of any Content in any form. Copying or storing any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Doctor Evidence, or from the copyright holder identified in such Content"s copyright notice. Doctor Evidence neither warrants nor represents that User"s use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Doctor Evidence.

You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by Doctor Evidence; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Doctor Evidence via email at support@doctorevidence.com.

While Doctor Evidence is always happy to hear from its users, it is Doctor Evidence"s policy not to accept or consider creative or editorial materials, ideas, or suggestions other than those Doctor Evidence specifically requests. This is to avoid any misunderstandings if User"s ideas are similar to those Doctor Evidence has developed independently. Therefore, User should not send to Doctor Evidence any original creative or editorial materials. Any communication or material User does transmit to the Site by email or otherwise will be treated as non-confidential and non-proprietary. Anything User transmits or posts may be used by Doctor Evidence or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Doctor Evidence is free to use any ideas, concepts, know-how, or techniques contained in any communication User sends to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Doctor Evidence property and User hereby assigns all rights, title and interests in and to such contributions to Doctor Evidence. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such Moral Rights by Doctor Evidence and agrees not to assert any Moral Rights with respect thereto. User warrants, represents and agrees that User will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, unlawful, threatening, scandalous, inflammatory, profane, abusive, offensive, or otherwise violates any law or right of any third party, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Doctor Evidence reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Doctor Evidence is concerned that User may have breached the immediately preceding sentence), or for no reason at all. Doctor Evidence will fully cooperate with any law enforcement authorities or court order requesting or directing Doctor Evidence to disclose the identity of anyone posting any such information or materials.

Although Doctor Evidence may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and other communications on the Site and delete any material Doctor Evidence deems inappropriate, Doctor Evidence is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

3) RESTRICTIONS. User is responsible for all of User"s activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User"s right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Doctor Evidence user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "SPAM" on the Site, or any processes that run or are activated while the User is not logged on.

WARRANTY DISCLAIMER. Doctor Evidence has no special relationship with or fiduciary duty to User. User acknowledges that Doctor Evidence has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Doctor Evidence from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Doctor Evidence makes no representations concerning any content contained in or accessed through the Site, and Doctor Evidence will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Doctor Evidence has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. User"s linking to any other off-site pages or other sites is at User"s own risk.

5) REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with Doctor Evidence and select a password and User name ("User ID"). User shall provide Doctor Evidence with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User"s account. User may not: (a) select or use as a User ID a name of another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than User without appropriate authorization. Doctor Evidence reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. User shall be responsible for maintaining the confidentiality of User"s Doctor Evidence password.

6) INDEMNITY. User will indemnify, hold harmless, and at Doctor Evidence"s request, defend Doctor Evidence, its parents, subsidiaries, licensors, suppliers, affiliates, officers, managers, members and employees, harmless, including costs and attorneys" fees, from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys' fees, of every kind and nature made by any third party due to or arising out of User"s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity. Doctor Evidence reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, and in such case, User agrees to cooperate with Doctor Evidence"s defense of such claim.

7) NOT OF MEDICAL ADVICE, LEGAL ADVICE OR OTHER SERVICES. Doctor Evidence is not intended to be, and you understand and agree that it does not constitute the provision or practice of medical, nursing, or professional health care advice or services in any jurisdiction. To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. The information provided by Doctor Evidence is not intended nor implied to be, and you will not use it as, a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition. Doctor Evidence does not specifically recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by Doctor Evidence, its employees, other appearing on the Site or other visitors to the Site is solely at your own risk. No test or procedure should be carried out unless, in the provider"s judgment, its risk is justified. When taking any prescription drug, you should always consult your doctor. You understand that you should never disregard professional medical advice or delay in seeking treatment based on the information provided by Doctor Evidence. Because of rapid advances in the medical sciences, Doctor Evidence recommends that the independent verification of diagnoses and drug dosages should be made. You understand that any information provided by Doctor Evidence may only be shared with your personal healthcare providers and family and may not be reproduced in any form or shared with parties beyond your primary healthcare providers, other than as explicitly set forth herein. If the Content contained on the Site contains medical or health sciences information, it is intended for professional use within the medical field.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Except as otherwise expressly specified, the provider does not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any evidence services, or other information provided through Doctor Evidence or on the Internet generally. Doctor Evidence does not warrant or represent that its searches will identify all relevant published or unpublished information on any topic. Doctor Evidence searches databases available to the general public and medical professionals and does not have access to information not generally available to the public or medical professionals. In no event will the provider be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided by Doctor Evidence. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.

Doctor Evidence does not guaranty the Content, including any data presented in the Site. The Drug Awareness Database goal is to provide accurate information in regard to the subject matter covered. The summary reports on the Site provide information taken from published clinical studies in regard to specific medical questions and, as a result, the information contained in the summary report may not include all data reported in the clinical study.

Content contained on or made available through the Site is not intended to and does not constitute legal advice and no attorney-client relationship is formed. Although Doctor Evidence attempts to provide quality information, Doctor Evidence does not warrant or guarantee the accuracy, completeness, adequacy or currency of the Content. As laws vary from state to state and locale to locale, and as legal advice must be tailored to the circumstances of each situation, and since laws are constantly changing, nothing provided on the Site and/or its links should be used as a substitute for the advice of your own legal counsel.

While efforts are made to provide current, accurate, and reliable information, Doctor Evidence is aware of the possibility of human and/or technical error. Doctor Evidence, its parents, subsidiaries, licensors, suppliers, affiliates, officers, managers, members and employees, therefore, make no representation as to the accuracy, completeness, or suitability of the information provided by the Site for any purpose, and deny any expressed or implied warranty as to the same. Doctor Evidence does not represent or warrant that materials in the Site are accurate, complete, reliable, current, or error-free.

8) LIMITATION OF LIABILITY. WITHOUT LIMITING THE APPLICABILITY OF THE FOREGOING, IN NO EVENT SHALL DOCTOR EVIDENCE BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES: (a) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR, IF ANY; (b) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE; OR (c) PERSONAL INJURY/WRONGFUL DEATH. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON DOCTOR EVIDENCE, THEN DOCTOR EVIDENCE AGREES THAT DOCTOR EVIDENCE"S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF DOCTOR EVIDENCE IN SHALL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00.). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR IN THESE TERMS AND CONDITIONS.

9) OTHER WEBSITES. There are a number of different Doctor Evidence affiliated entities that operate different websites, and which may be covered by different online service agreements or terms and conditions (the "Online Service Agreements"). The Online Service Agreements for each of these sites is available on the home page of that site. When you leave the Site and go to another website (whether operated by a Doctor Evidence-affiliated entity or a third party), different terms may apply, and you agree to review those terms prior to using that website.

10) FEES AND PAYMENT. Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Doctor Evidence reserves the right to change its prices and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Site. Use of the Services by User following such notification constitutes User"s acceptance of any new or increased charges.

11) TERMINATION. Doctor Evidence may terminate the Services at any time by notifying User by any means. Doctor Evidence also may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the User"s account, User"s right to use the Services and access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12) MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Doctor Evidence. (b) The Site is controlled and operated by Doctor Evidence from its offices within the State of California , United States of America . Doctor Evidence assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, worms, Trojan horses, User"s computer equipment or other property on account of User"s access to, use of, or browsing in the Site or User"s downloading of any materials, data, text, images, video, or audio from the Site. Doctor Evidence makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of California , United States of America , excluding its conflict of law provisions. (d) User expressly agrees that jurisdiction for any claim or dispute relating to or arising out of this Agreement resides exclusively in the federal and state courts of the State of California in Los Angeles County and expressly consents to the personal jurisdiction thereof. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or Doctor Evidence may at its option instead terminate this Agreement. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) User may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Doctor Evidence may assign this Agreement to any entity at its sole discretion. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (j) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (k) Doctor Evidence may, upon reasonable notice, audit User"s use of the Site and/or Services to verify User"s compliance with the terms of this Agreement. In particular, and without limiting Doctor Evidence"s audit rights, User shall retain and provide upon request information to substantiate User"s use of the Site and/or Services and the license grant. (l) No delay or failure to take action under this Agreement shall constitute any waiver by Doctor Evidence of any provision of this Agreement. (m) Nothing in this Agreement waives or limits extra-contractual rights or remedies available to Doctor Evidence to protect its rights or property, including, but not limited to, those available under U.S. copyright law, international treaties, or copyright or intellectual property laws of the countries in which the Site or Services are used.