Last Modified: Jan. 30, 2016

Terms Of Service

WELCOME TO PATIENT NOTEBOOK

Patient Notebook electronically delivers your healthcare balances and statements to one central location and allows you to pay them quickly and securely online – all for free. Minimize the paper. Minimize the confusion. Help yourself, your family, and the environment. Sound simple? It is.

1. Your Agreement with Patient Notebook

Your use of https://www.patientnotebook.com and related web sites ("Patient Notebook") is governed by these Terms of Service. "We," "us," or "our" means ZirMed Inc., a Delaware corporation and its subsidiaries and affiliates. You may be subject to additional posted guidelines or rules applicable to certain content, services, or other items and information available through Patient Notebook. These additional posted guidelines and rules are hereby incorporated by reference.

You may be directed to Patient Notebook via materials or correspondence from your healthcare provider(s), including but not limited to emails, websites, mobile applications and similar means of electronic or non-electronic communications. Once you have arrived at the Patient Notebook web site, you are governed by these Terms of Service, the Patient Notebook Privacy Statement and any related agreements.

These Terms of Service governs any and all functionality that your healthcare provider may elect to make unavailable to you. If you experience any inability to access or view a particular function of Patient Notebook, this does not constitute a malfunction of Patient Notebook or a breach of the terms described herein.

2. Not Medical Advice

Use of Patient Notebook does not create a doctor-patient relationship nor does Patient Notebook or ZirMed offer medical advice. Any content ("Content") or services ("Services") accessed through Patient Notebook is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects.

Content and Services should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition; or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment.

Never disregard professional medical advice or delay seeking it because of something you have read on Patient Notebook.

If you think you may have a medical emergency, call 911 or your doctor immediately.

3. Your Account, Use of Patient Notebook, and Associated Fees

You must provide accurate and complete registration information when you register to use Patient Notebook. You are responsible for the security of your passwords and for any use of your account. You must immediately notify us of any unauthorized use of your password or account.

Your use of Patient Notebook and any Content and Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use Patient Notebook.

Patient Notebook will never charge you a subscription fee to view, manage, or pay your most recent healthcare statements and balances. Subscription fees for access to other features may be required in the future. Your access to and use of Patient Notebook subscription services will be premised on your payment of the applicable subscription fee, if any. The fees applicable to your access to and use of Patient Notebook and the services available on Patient Notebook will be described on our Fees page. Certain services available on Patient Notebook may require an additional fee. Prior to incurring any additional fees you will be notified that access to the service requires payment of a fee and you'll be asked to accept such fee.

4. Use of Your Information

The privacy of your personal information is paramount. We may only use health or financial information you or your healthcare provider(s) furnishes to us as permitted by the Patient Notebook Privacy Statement , your sharing authorizations, and applicable law. If you create, transmit, or display health and wellness or other information while using Patient Notebook, you may only do so with information that you own or have the right to use.

Email and short message service (SMS) communications from https://www.patientnotebook.com and related Web sites ("Patient Notebook") are not encrypted and this information is not secured. It is possible for these communications to be intercepted or accessed without your authorization. Your use of Patient Notebook constitutes your acknowledgement of this and your agreement to release Patient Notebook and ZirMed from any liability arising from or related to any such unauthorized access.

5. Content and Services Accessed through Patient Notebook

We authorize you to view or download the Content and use the Services solely for your personal, noncommercial use in accordance with all applicable laws.

Warning: You may find certain health-related Content on the Patient Notebook web site offensive, including that which is sexually explicit.

THE CONTENT AND SERVICES MAY NOT BE USED FOR ANY ILLEGAL OR ILLICIT PURPOSE.

You may not access our networks, computers, the Content or the Services in any manner that could damage, disable, overburden, impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with Patient Notebook, the Content, or Services.

The Content is licensed only for the personal, household, and educational use of a single individual. An individual's noncommercial reuse or redistribution of any portion of the Content that falls within what is or would be permitted by the United States Copyright or the Lanham Act is permitted. No commercial use or redistribution of any Content is permitted.

We do not recommend or endorse any specific Content, Services, tests, physicians, products, procedures, opinions, or other information that may be mentioned on Patient Notebook.

Reliance on Patient Notebook Content or Services is solely at your own risk.

Content and Services may have been provided by third parties. These third parties are not vetted or certified by Patient Notebook or ZirMed. While we believe you will find the Content and Services useful, we cannot guarantee that the Content and Services will help you achieve the results you desire. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease. Content regarding your healthcare statements has been sent directly from your physician(s) or a party authorized to act on behalf of your physician(s) and Patient Notebook cannot guarantee the accuracy of your healthcare statements.

The Content and Services may link you to other web sites or information, software, data, or other contents on or off the Internet, including linked click-through or other advertising, or through featured or sponsored sites. We have not reviewed the contents that may be reached by such links and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

6. Proprietary Rights, Submissions, Notice, and Takedown Procedures

We and our licensors own all proprietary rights to Patient Notebook Content and Services. Your license to use Patient Notebook is personal, revocable, nonassignable, and nonexclusive. Patient Notebook, the Patient Notebook logo, other Patient Notebook Trademarks and service marks and other Patient Notebook logos and product and service names are our trademarks (the "Patient Notebook Marks"). Without Patient Notebook's prior permission, you agree not to display or use in any manner the Patient Notebook Marks.

If you believe any materials accessible on or from Patient Notebook infringe your copyright, you may request removal of those materials (or access thereto) from Patient Notebook by contacting us at legal@patientnotebook.com.

7. Modification and Termination of Patient Notebook

If you violate any of these Terms of Service, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. We may place limits on, modify, or terminate your right to access and use Patient Notebook, the Services or the Content at any time. This suspension or termination may delete information, files, and other previously available Content.

8. Changes to These Terms of Service

We may occasionally update these Terms of Service. When we do, we will also revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of Patient Notebook constitutes your agreement to the changed terms of service.

9. Indemnification

You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of Patient Notebook or the Content or Services; (b) your noncompliance with any of the terms and conditions hereof; and (c) any third-party actions related to or arising from your receipt or use of Patient Notebook or the Content or Services, whether authorized or unauthorized under the Terms of Service.

10. Exclusion of Warranties

PATIENTNOTEBOOK AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. PATIENTNOTEBOOK AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING PATIENTNOTEBOOK AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

11. Limitation of Liability

NEITHER YOU NOR WE NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THESE TERMS OF SERVICE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

12. Licensed Content

Certain Content is licensed from third-parties. The licenses for some of this Content contain additional terms.

Our licensors may be third party beneficiaries to these Terms of Service pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to these Terms of Service, the rights and protections provided to us hereunder inure to their benefit. There are no other third party beneficiaries to these Terms of Service. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

13. General Legal Terms

These Terms of Service constitute the entire agreement between you and us relating to Patient Notebook and replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a signed written agreement between you and us related to Patient Notebook, the signed written agreement will control.

If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by Kentucky law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS JEFFERSON COUNTY, KENTUCKY. YOU AND ZIRMED EACH CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.