WEBSITE TERMS OF USE

THIS USER AGREEMENT CONTAINS DISCLAIMERS, SERVICE MARK NOTICES, AND COPYRIGHT NOTICES. PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW.

1. Waiver of Claims Against VIP Health Initiative, LLC. VIP Health Initiative, LLC (“VIP”) provides this World Wide Website in the domain of “http://www.physicianresourcecenter.com” (the “Physicianresourcecenter.com Website”) as an information service offered by VIP at no charge to users of the World Wide Web under the express condition that such users accept and agree to be bound by the terms and conditions set forth in this User Agreement without modification of the terms, conditions, and notices contained herein (“Terms of Use”). Additional terms and conditions applicable to certain areas of Physicianresourcecenter.com Website appear in particular areas of the Physicianresourcecenter.com Website and, together with these Terms of Use, govern the use of this Website and shall be referred to as the “User Agreement”. By accessing the Physicianresourcecenter.com Website, you are indicating that you understand, consent and agree to the following: (a) you have read and understood this User Agreement; (b) you consent to be bound by each of its terms and conditions, and (c) you agree to waive any and all claims (whether foreseeable or unforeseeable) arising out of your use of the Physicianresourcecenter.com Website or the information contained therein or to any hyperlinked websites; and (d) your waiver of the above-mentioned claims extends to VIP and the members, affiliates and partly or wholly owned subsidiaries, as well as their members, officers, directors, agents and representatives of VIP(hereinafter referred to collectively as the “VIP Group”).

2. Changes in the Physicianresourcecenter.comWebsite. VIP reserves the right to change the terms and conditions of access to and the use of the Physicianresourcecenter.com Website at any time. You should consult the most recent version of this User Agreement (not an older cached version) each time you view the Physicianresourcecenter.com Website. By accessing the Physicianresourcecenter.com Website, you agree in advance to be bound by all of the changes to the Physicianresourcecenter.com Website.

3. Use of the Physicianresourcecenter.com Website. You may use the Physicianresourcecenter.com Website to include the information and images (“Content”) solely for your non-commercial, personal purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Physicianresourcecenter.com reserves all title to the intellectual property rights contained in all of the Content. Unless you are given express written authorization by VIP, you may not use, alter, copy, distribute, transmit, or derive another work from any Content unless you have express written authorization from VIP.

4. Downloading Files. VIP does not guarantee or warrant that any file available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.

5. VIP Copyright Notice. VIP holds the sole and exclusive copyright to all works of authorship contained in the Physicianresourcecenter.com Website, including, but not limited to, all design, text and images contained therein, which may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without VIP’s prior written consent except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with a copy of this page which contains the entire User Agreement as well as disclaimers, trademark and service mark notices, and copyright notices.

6. Linking to the Physicianresourcecenter.com Website. You may provide a hypertext link to this Website on another website only upon the following terms and conditions: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with VIP’s name, physicianresourcecenter.com, VIP’s works of authorship, Physicianresourcecenter.com’s Website content and design, and/or VIP’s marks, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity other than VIP is associated with or sponsored by VIP, and (c) VIP reserves the right to revoke its consent to the link at any time in its sole discretion.

7. Links to OtherWebsites. VIP may provide links on the Physicianresourcecenter.com Website to other websites that are not under the control of VIP. In general, any website that has an address (or URL) that does not contain “http:// physicianresourcecenter.com” or “http://physicianresourcecenter” is such a website. These links are provided for convenience of reference only and are not intended as a warranty or representation from the VIP Group of any type of information regarding the linked website or the information contained in the linked website. Further, VIP does not control and is not responsible for the content found on the other websites. VIP’s inclusion of links to other websites does not imply any endorsement of the material on the other websites or any association with the operators of the websites.

8. Physicianresourcecenter.com Mark’s Notice. The mark physicianresourcecenter.com SM is a lawfully protected mark of VIP and may not be used without the prior written consent of VIP.

9. Disclaimer of Warranties. The VIP Group makes no representations and/or warranties, either express or implied, and hereby expressly disclaims all warranties regarding the Physicianresourcecenter.com Website, including, but not limited to, any representation and/or warranty concerning the accuracy, completeness, timeliness, currency, merchantability, fitness for a particular purpose, or non-infringement of the Physicianresourcecenter.com Website. Because of the nature of the information contained in the Physicianresourcecenter.com Website, there may be inaccuracies, errors, and/or changes in the information contained in the Physicianresourcecenter.com Website, and as a result you should not rely on the information or photographs in making your vacation decision. Opinions and recommendations contained in the Physicianresourcecenter.com Website (or any linked websites) are not necessarily those of the VIP Group or endorsed by the VIP Group. You understand and agree that the opinions, recommendations and other information contained in the Physicianresourcecenter.com Website (or any linked websites) are not a reasonable substitute for thorough consultation with appropriately trained professionals familiar with your circumstances, and you agree that you will hold harmless the VIP Group from all claims arising out of or related to your access or use of the Physicianresourcecenter.com Website, or your inability to access or use the Physicianresourcecenter.com Website, or the information contained in this Physicianresourcecenter.com Website, including, but not limited to, claims that you have found information on the Physicianresourcecenter.com Website that was not true, or was obscene, offensive, or defamatory.

10. Limitation of Liability:
ALL INFORMATION, INCLUDING PHOTOGRAPHS, CONTAINED IN THE PHYSICIANRESOURCECENTER.COM WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IT IS UNDERSTOOD AND AGREED THAT VIP GROUP’S LIABILITY, IF ANY, FOR ANY AND ALL DAMAGES SUFFERRED BY YOU, OR BY ANY PERSON FOR WHOM YOU HAVE PURCHASED OR GIVEN PHYSICIANRESOURCECENTER.COM PRODUCTS AND/OR SERVICES, WHETHER IN CONTRACT, IN TORT, IN STRICT LIABILITY, UNDER A WARRANTY THEORY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE VIP GROUP FOR THE PRODUCT AND/OR SERVICE. IN NO EVENT SHALL THE VIP GROUP, OR ANY SUPPLIER OF PRODUCTS OR SERVICES TO THE VIP GROUP, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER TYPE OF DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PHYSICIANRESOURCECENTER.COM WEBSITE OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE PHYSICIANRESOURCECENTER.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PHYSICIANRESOURCECENTER.COM WEBSITE, WHETHER BASED IN CONTRACT, IN TORT, IN STRICT LIABILITY, UNDER A WARRANTY THEORY OR OTHERWISE, EVEN IF THE VIP GROUP, OR ANY OF ITS SUPPLIERS OF PRODUCTS OR SERVICES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY OF THE INFORMATION OR PHOTOGRAPHS CONTAINED IN THE PHYSICIANRESOURCECENTER.COM WEBSITE, OR WITH ANY PORTION OF THE PHYSICIANRESOURCECENTER.COM WEBSITE, OR WITH ANY OF THE TERMS OF USE STATED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PHYSICIANRESOURCECENTER.COM WEB SITE.

11. Governing Law and Jurisdiction. This User Agreement is governed by the laws of the State of California. By accessing the Physicianresourcecenter.com Website, you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, State of California for all disputes arising out of or relating to the use of the Physicianresourcecenter.com Website. Use of the Physicianresourcecenter.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

12. Indemnification. You understand and agree that you are personally responsible for your behavior on Physicianresourcecenter.com Website. You agree to indemnify, defend and hold harmless the VIP Group, its affiliated companies, licensors, licensees, employees, agents, and any third party information providers to Physicianresourcecenter.com Website from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use Physicianresourcecenter.com Website or the Content, or any violation by you of this User Agreement.

13. User Conduct. You agree to use Physicianresourcecenter.com Website only for lawful purposes, you agree not to take any action that might compromise the security of Physicianresourcecenter.com Website, render Physicianresourcecenter.com Website inaccessible to others or otherwise cause damage to Physicianresourcecenter.com Website or to the Content. You agree not to add to, subtract from, or otherwise modify the Content, or attempt to access any Content that is not intended for you. You agree not to use the Physicianresourcecenter.com Website in any manner that might interfere with the rights of third parties.

14. Correction of Errors or Inaccuracies. You understand that Content may from time to time contain errors or other inaccuracies and may not be complete or current. VIP reserves the right to correct any errors or omissions and to change or update the Content at anytime without prior notice. Even with such attempted corrections, VIP does not guarantee that any errors or omissions that were changed will be correct.

15. Password Security. If you registered to use the Physicianresourcecenter.com Website, you are responsible for maintaining the confidentiality of your identification and password information. Further, you are responsible for restricting access to your computer to prevent the disclosure of your identification and/or password information to persons who are not authorized to have such information. You agree to accept responsibility for all activities that occur under your identification number and password.

16. Invalid Provisions. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. This User Agreement constitutes the entire agreement between you and the VIP Group with respect to the Physicianresourcecenter.com Website (as well as the links to other websites) and it supersedes all prior agreements, if any, between you and the VIP Group in connection with the Physicianresourcecenter.com Website. A printed version of this User Agreement and of any notice given in electronic form from Physicianresourcecenter.com shall be admissible in a judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally prepared and executed.

17. Risks of Electronic Transmission of Data. There may be risks associated with the use of the Internet regarding security, transmission, or other risks. You agree to expressly assume any and such risks. You are responsible for obtaining all software, hardware or other equipment necessary to access Physicianresourcecenter.com Website which may require antivirus software, anti-spy ware software, Internet security software, and/or a recent web-browser.