Terms and Conditions

TELEHEALTHCARE, INC. offers a variety of online products and services, including face to face, webcam enabled, consultations with medical professionals, and supporting customer service, collectively referred to as the (the 'Service'). By using the Service in any way you are agreeing to comply with applicable laws, governed and interpreted by the state of California, United States of America, and the following terms and conditions:

To Use This Website

TELEHEALTHCARE, INC.'s Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL/DIAL 911, IMMEDIATELY!

TELEHEALTHCARE, INC. requires that its Agreements be made with persons who are qualified to contract. As a customer you must be over the age of eighteen (18) years. In the case of a customer being under the age of eighteen (18) years, a parent or guardian must accept this Agreement and must be present at all consultations.

TELEHEALTHCARE, INC. is designed and intended for use by adults. It is not intended for, or is it designed to be used by children under the age of eighteen. A parent or guardian, however, may use TELEHEALTHCARE, INC. on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the authentication information is kept secure and that the information submitted is accurate.

Your Membership

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 TELEHEALTHCARE, INC. Services under your own name and to use the TELEHEALTHCARE, INC. Services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify TELEHEALTHCARE, INC. of any unauthorized use of your password or other security concerns of which you become aware.

Modification to Terms of Service

TELEHEALTHCARE, INC. reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review this Agreement often so you will be apprised of any changes made to this page. Customer agrees that, during the period of this Agreement that we may revise the terms and conditions of this Agreement; and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.

TELEHEALTHCARE, INC. has the right to discontinue service, or deny access to anyone who violates our Policies or The Terms and Conditions stated herein, without prior notice or warning.

Services Provided

TELEHEALTHCARE, INC. makes no warranty as to the content of any treatment response. You and your physician are solely responsible for all information and/or communication sent during a consultation or other communication. TELEHEALTHCARE, INC. does not guarantee that a teleconsultation or video consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. The Services are offered on an "as is" basis and used by the Customer solely at his or her own risk. All Customer-specific information provided by Customer in connection with Services shall be used to provide services and features to the Customer and to maintain the associated web sites. TELEHEALTHCARE, INC. shall make no effort to validate any information provided by the Customer for use with Services for content, correctnessor usability. Use of TELEHEALTHCARE, INC. services requires a certain level of knowledge in the use the Internet and World Wide Web. The Customer is required to have the necessary knowledge to use the Internet and the World Wide Web.

Operational Functionality

TELEHEALTHCARE, INC. reserves complete and sole discretion with respect to the operation of the TELEHEALTHCARE, INC. Services. TELEHEALTHCARE, INC. may, among other things withdraw, suspend or discontinue any functionality or feature of the TELEHEALTHCARE, INC. Services.

Electronic Medical Record

Your TELEHEALTHCARE, INC. Electronic Medical Record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a tele or video consultation becomes part of your TELEHEALTHCARE, INC. Record. You agree to provide accurate information for your TELEHEALTHCARE, INC. Record, to periodically review such information and to update such information as needed. For additional information regarding use of your TELEHEALTHCARE, INC. Record, please see our Privacy Policy. It is your responsibility to confirm any third party information in your TELEHEALTHCARE, INC. Health Record. TELEHEALTHCARE, INC. is not responsible for maintaining data arising from use of the TELEHEALTHCARE, INC. Services. TELEHEALTHCARE, INC. reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the TELEHEALTHCARE, INC. Service pursuant to its internal record retention and/or destruction policies.

Information Resources

TELEHEALTHCARE, INC. may send you newsletters and other information regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related Web sites and specific questions related to your TELEHEALTHCARE, INC. Record. Additionally, TELEHEALTHCARE, INC. makes available self care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by TELEHEALTHCARE, INC.. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by TELEHEALTHCARE, INC.. TELEHEALTHCARE, INC. makes no warranty as to the content of these materials or the information contained therein.

Information

As part of the signing up process, you are required to provide us certain information. Additionally, it is the Customer?s responsibility to update TELEHEALTHCARE, INC. as promptly as possible with information changes so that all records are current, complete and accurate. At any given time, you maybe notified that information may be available for your review, that is considered time-sensitive, such as medical information, diagnosis, lab results, etc., to the e-mail address that has been provided. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information: - Changes in e-mail address - Change of address- Change of phone number - Change of ownership of account - Change of credit card number - Change of banking information - Change of credit card expiration date

Etiquette and Privacy

The network resources of TELEHEALTHCARE, INC. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or TELEHEALTHCARE, INC.. All messages transmitted via TELEHEALTHCARE, INC. should correctly identify the sender; Customers may not alter the attribution of origin in electronic mail messages or posting. All Customers shall not attempt to undermine the security or integrity of computing systems or networks of TELEHEALTHCARE, INC. its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. All Customer-specific information provided by Customer in connection with Services shall be governed by the TELEHEALTHCARE, INC. Privacy Policy which can be found at www.TELEHEALTHCARE, INC..com/privacy. As part of these terms and conditions Customer understands, has read and accepts all terms and conditions contained within the TELEHEALTHCARE, INC. Privacy Policy. TELEHEALTHCARE, INC. reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the Customer's account on the TELEHEALTHCARE, INC. system.

Network Security

Customer agrees that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is", "as available" basis. TELEHEALTHCARE, INC. expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. TELEHEALTHCARE, INC. makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays, and any service interruption caused by TELEHEALTHCARE, INC. employees. TELEHEALTHCARE, INC. is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

Service Reliability and Warranties

TELEHEALTHCARE, INC. makes no warranties or representations of any kind, whether expressed or implied for the Services. Customers, use of TELEHEALTHCARE, INC. Services are at Customer's sole risk. Neither TELEHEALTHCARE, INC., its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that TELEHEALTHCARE, INC. Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the TELEHEALTHCARE, INC. Services, unless otherwise expressly stated in this Agreement. TELEHEALTHCARE, INC. also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, or viewers and Customers of Customer's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of TELEHEALTHCARE, INC.. Use of any information obtained by way of TELEHEALTHCARE, INC. is at the Customer's own risk, and TELEHEALTHCARE, INC. specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Disclaimers

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

TELEHEALTHCARE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE TELEHEALTHCARE, INC. SERVICES.

TELEHEALTHCARE, INC. will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that TELEHEALTHCARE, INC. shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. TELEHEALTHCARE, INC. may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.

Proprietary Information of TELEHEALTHCARE, INC.

You agree that the Services, which include all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Telehealthcare, Inc. Health Services, Inc. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in Florida. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of TELEHEALTHCARE, INC.

Temporary Use License Granted

Only for the duration of being logged into the Customer's valid TELEHEALTHCARE, INC. account, the Customer is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement. A valid TELEHEALTHCARE, INC. account may only be created and maintained by a Customer who fully provides valid personal information about the Customer in the signup process. To maintain a valid account, the Customer must regularly update such information to assure its accuracy, and the Customer must always comply with the terms of this Agreement. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

Comments, Suggestions and Submissions

TELEHEALTHCARE, INC. welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to TELEHEALTHCARE, INC. shall become the exclusive property of TELEHEALTHCARE, INC.. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to TELEHEALTHCARE, INC. of all rights whatsoever (copyright, patentability, and intellectual property). TELEHEALTHCARE, INC. shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996.

Indemnification

Customer agrees to release, indemnify, and hold TELEHEALTHCARE, INC., our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Acceptable Use Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your Service(s). Customer shall defend, indemnify, save and hold TELEHEALTHCARE, INC. including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from Customer?s violation of any of the terms and conditions stated herein. Customer shall defend, indemnify and hold harmless TELEHEALTHCARE, INC. including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by the Customer or any person who Customer allows to access the Services. Under no circumstances, including negligence, shall TELEHEALTHCARE, INC. including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing TELEHEALTHCARE, INC. services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use TELEHEALTHCARE, INC. Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to TELEHEALTHCARE, INC. records, programs or services. This paragraph shall apply to all content and functionality of TELEHEALTHCARE, INC. Services. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid directly to TELEHEALTHCARE, INC. during the current month. Such limitations shall apply to TELEHEALTHCARE, INC. total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. IN NO EVENT SHALL TELEHEALTHCARE, INC. 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 TELEHEALTHCARE, INC. 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 TELEHEALTHCARE, INC. 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.

Third Party Protection

The indemnification and Disclaimers provisions set forth above are for the benefit of TELEHEALTHCARE, INC., and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Service term

The Terms of Use shall commence upon the date you complete the registration process with TELEHEALTHCARE, INC.. Either you or TELEHEALTHCARE, INC. may terminate this Terms of Use and your right to use the TELEHEALTHCARE, INC. 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 TELEHEALTHCARE, INC. Service promulgated by TELEHEALTHCARE, INC. from time to time. Upon any termination, you will destroy all copies of TELEHEALTHCARE, INC. materials in your possession and cease any access to or use of the TELEHEALTHCARE, INC. Services. In the event Customer enters into an annual contract, whether paid monthly or annually, Customer agrees to a twelve (12) month contract agreement with TELEHEALTHCARE, INC.. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled, in writing, by the Customer, and Customer will be billed, via Customer?s credit card on file, for the next ensuing twelve (12) month term.

Non-transferable

Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable. TELEHEALTHCARE, INC. 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.

Fees

Customer agrees to pay an annual Membership fee and consultation fee, pursuant to the schedule of memberships and fees set forth on the TELEHEALTHCARE, INC. website. As further consideration for the Services, the Customer agrees to provide certain current, complete and accurate information about them as required by the sign-up for Services and maintain and update this information as needed, to keep it current, complete and accurate. By completing and submitting the sign-up form Customer represents that the statements in their application are true and accurate. Customer agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. TELEHEALTHCARE, INC. reserves the right to modify its?pricing structure at any time and implement the new price structure at any time prior to billing Customer for Customer?s initial payment or for future payments due pursuant to this Agreement.

Customer understands and agrees that all consultations cancelled with less than 12 hours notice will be charged the full consultation amount, said amount to be as set forth on the TELEHEALTHCARE, INC. website.

TELEHEALTHCARE, INC. Calendar

The calendar as seen on the TELEHEALTHCARE, INC. website is based on Pacific Standard Time (P.S.T.). If a customer is outside of the (P.S.T.) time zone it is that Customer?s responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference. TELEHEALTHCARE, INC. will not refund or reschedule appointments based on an error by Customer based on this issue.

Chargeback / Refund Policy

TELEHEALTHCARE, INC. will not, under any circumstances, issue cash refunds or credits for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. TELEHEALTHCARE, INC. has a zero tolerance policy for chargebacks. Any Customer who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination at TELEHEALTHCARE, INC.?s discretion. A minimum charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Payment Policy

Our payment cycle runs every thirty (30) days.

Jurisdiction

This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of California, without giving effect to any choice of law rules or principles. This Agreement shall be governed and construed in accordance with the laws of the State of Florida and no party shall object to removal or prosecution of any litigation to a federal or state court in Florida. Any cause of action or claim you may have with respect to TELEHEALTHCARE, INC. 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 TELEHEALTHCARE, INC. Services or web site.

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.

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.

Copyright and Ownership

TELEHEALTHCARE, INC. hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the TELEHEALTHCARE, INC. web site and to use the TELEHEALTHCARE, INC. software to the extent necessary to use the TELEHEALTHCARE, INC. Services solely for you personal, noncommercial use. With the exception of your Medical Records, TELEHEALTHCARE, INC. retains all right, title and interest in and to TELEHEALTHCARE, INC., the TELEHEALTHCARE, INC. Services and any content, products, documentation, software or other materials on the TELEHEALTHCARE, INC. web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the TELEHEALTHCARE, INC. Services is the property of TELEHEALTHCARE, INC.. You agree not to reproduce, retransmit, disassemble, retro-engineer distribute, disseminate, sell, publish, broadcast, or circulate the information owned by TELEHEALTHCARE, INC. received through the TELEHEALTHCARE, INC. Services to anyone, including but not limited to others in your organization. Use, reproduction, copying, or redistribution of TELEHEALTHCARE, INC.?s logos is strictly prohibited without written permission from TELEHEALTHCARE, INC.. The content, organization, design, graphics, and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary rights. TELEHEALTHCARE, INC. shall retain all rights, title and interest in and to all of the information, content, data, designs, materials and copyrights, patent rights trademark rights and other proprietary rights thereto provided by it pursuant to this Agreement, including but not limited to customers. Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights are granted under this Agreement. All rights not expressly granted hereunder by TELEHEALTHCARE, INC. are expressly reserved to TELEHEALTHCARE, INC. and its licensors and information and content providers.

Relationship of Parties

The Parties hereto expressly understand and agree that Customer is customer. Neither Party, nor its agents or employees, are the representatives of the other Party, for any purpose and neither Party has the power or authority as agent, employee or any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other Party for any purpose whatsoever.

Spam and Compliance with Anti-Spamming Laws

TELEHEALTHCARE, INC. has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. Customer shall not use or permit any of its employees, agents or affiliates to: market, promote or solicit TELEHEALTHCARE, INC. products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. Customer shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. Customer further agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. Customer agrees to indemnify and hold TELEHEALTHCARE, INC. harmless for any and all acts found or suspected to be in violation hereof. Customer shall indemnify and hold the TELEHEALTHCARE, INC. harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against TELEHEALTHCARE, INC. or any of its employees, shareholders or officers, arising from any claims, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions. By accepting this agreement you are holding TELEHEALTHCARE, INC. harmless for any and all of these actions and agree to the policies as so stated.

Termination and Survival

TELEHEALTHCARE, INC. may terminate Services at any time, without penalty and without notice, if the Customer fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. TELEHEALTHCARE, INC. may also seek legal prosecution of any violations of law or this Agreement and the Customer agrees to personal jurisdiction by the Courts in the State of Florida. Upon notice of termination of Services by TELEHEALTHCARE, INC. to Customer via contact e-mail to Customer's Services account and contact e-mail account provided in Customer's personal information, or voluntary termination of service by Customer, TELEHEALTHCARE, INC. has the right to delete all data, files, or other information that is stored in the Customer's account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.

Notice

TELEHEALTHCARE, INC. may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the TELEHEALTHCARE, INC. Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the TELEHEALTHCARE, INC. account information. You may give notice to TELEHEALTHCARE, INC. at any time via electronic mail to support@Telehealthcare.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to TELEHEALTHCARE, INC., 40 Via Cartana, San Clemente, CA 92673, Attn: Customer Service.

Entire Agreement

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