RISING SUBSCRIBER TERMS OF USE


Welcome to the Vision website. Rising Medical Solutions (“Rising”) provides a web site and internet-based services offering a secure, private channel for healthcare communications between payers, providers, and patients, personal medical information storage, on-line healthcare information, and related products, services and content (collectively the “RISING Services”).

1. Terms of Use:

The RISING Services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use. We will notify your physician 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.

2. Legal Notices and Disclaimers:

General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE RISING 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 RISING 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, RISING AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE RISING PRODUCTS AND SERVICES PROVIDED HEREUNDER.

Limitation of Liability.

IN NO EVENT SHALL RISING 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 RISING NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL 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 RISING IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

3. Privacy:

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

4. General Legal Provisions:

Third Party Sites. Although the RISING 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 RISING. RISING 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 RISING take responsibility for the privacy policies and practices of these third-party links.

5. Operation and Record Retention:

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

6. Limitations on Use:

You agree not to access or use the RISING 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 RISING or any of its users. RISING 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.

7. Indemnity:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RISING AND ITS 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, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH RISING, OR ANY NEGLIGENT OR WRONGFUL USE OF THE RISING 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.

Third Party Rights:

The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of RISING, its Affiliates and RISING Payors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination:

This Terms of Use shall commence upon the date you first access or use the RISING Services and/or complete the registration process. Either you or RISING may terminate this Terms of Use and your right to use the RISING Services at any time, with or without cause. 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 Terms of Use, or the rules for use of the RISING Service promulgated by RISING from time to time. Upon any termination, you will destroy all copies of RISING materials in your possession and cease any access to or use of the RISING Services.

Notice:

RISING may provide notice by e-mail to the e-mail address you provided RISING in registration, by a general notice on the RISING Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the RISING Services account information. You may give notice to RISING at any time via electronic mail to support@RISINGMS.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to RISING MEDICAL SOLUTIONS, 325 N. LaSalle St, Suite 475, Chicago, IL 60654 Attn: Chief Executive Officer.

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 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.

Entire Agreement:

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

Assignment:

You may not assign, transfer or delegate this Terms of Use or any part of it without RISING's prior written consent. RISING 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.

Waiver:

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.

Governing Law:

This Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to RISING 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 Terms of Use 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 RISING Services or web site.