Terms & Conditions of Use Agreement

General Disclaimer (April 18, 2009)

VRSURGEON INC. (VRSurgeon) AND ITS WEB SITE PROPERTIES ("SITE") DO NOT RENDER MEDICAL ADVICE TO MEMBERS ("HEALTHCARE PROFESSIONALS" , "USERS", "SUBSCRIBERS", "REGISTRANTS" OR "PATIENTS"). SITE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL EXAMINATION OR ASSESSMENT OF A PATIENT'S CONDITION. ALL CONTENT IS GENERAL IN NATURE, IS PRESENTED IN SUMMARY FORM, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY TO SUPPORT COLLABORATION BETWEEN A HEALTHCARE PROFESSIONAL AND HIS/HER PATIENT AND FOR INFORMATIONAL PURPOSES FOR THE USER OF THIS SERVICE. THIS WEB SITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. DO NOT RELY ON CONTENT, GUIDELINES, PRODUCTS OR ANY OTHER SERVICE OFFERED BY OR THROUGH VRSURGEON OR THE SITE FOR PERFORMING A MEDICAL OR CLINICAL DIAGNOSIS OR DECISION, OR FOR PRESCRIBING MANAGEMENT OR TREATMENT FOR A PATIENT'S CONDITION.

VRSurgeon is the owner of the WorldHealthRecord service and site. Use of WorldHealthRecord is subject to the following terms and conditions. WorldHealthRecord is defined as the personal health record service provided by VRSurgeon located physically at the web address containing the following pattern "worldhealthrecord.com". Registrants of WorldHealthRecord create, edit and update their own accounts and profiles known as ("Personal Health Records"). VRSurgeon (WorldHealthRecord) may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of posting. You should review these terms and conditions every time you use the Web site because they are binding upon you. You agree to review these Terms and Conditions of Use periodically to ensure that you are aware of any modifications.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions of Use and any future modifications. If you do not agree to these Terms and Conditions of Use, you may not use the site.

Primary Membership Services:
By registering with WorldHealthRecord, you authorize VRSurgeon to maintain your health-related information on our online database. VRSurgeon reserves the right to remove your registered account and all other information from our database and server and terminate your access to and use of the Web site and all other services, without any further notice or any liability to you or any third party.

Specialty Services and Fees:
You may elect, during the initial registration or at any time thereafter, to purchase additional Specialty Services. If you purchase Specialty Services as part of your initial registration, the Fees for these Specialty Services will be billed to your credit card along with the Service Fee for your Primary Membership if applicable. The Service Term for each new membership shall begin from the date of the membership. If you purchase Specialty Services after completion of the initial registration, your credit card will be billed separately for the Specialty Services Fees. The fee for all WorldHealthRecord Services you select for your Specialty Services shall be specified and accepted by you at the time of registration for these services at a later time (the "Specialty Service Fee").

Service Term:
The term for all WorldHealthRecord Services you select for your Primary Membership shall be specified and accepted by you at the initial registration (the "Service Term").

Copyright Notice:
VRSurgeon owns the copyright to all original material contained in this Web site located at worldhealthrecord.com. This material is Copyright 2009 VRSurgeon, Inc. The web site content may not be reproduced or used without the prior express written permission of VRSurgeon.

Trademarks:
VRSurgeon, WorldHealthRecord, DogMedcard, CatMedcard, DogMedrecord and CatMedrecord are trademarks of VRSurgeon, Inc. These trademarks may not be used in connection with any product or service that is not VRSurgeon’s, in any manner that is likely to cause confusion among consumers, in any manner that dilutes VRSurgeon’s rights, or in any manner that disparages or discredits VRSurgeon. All other trademarks not owned by VRSurgeon that appear on the web site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by VRSurgeon.

Termination:
You agree that WorldHealthRecord may restrict or terminate your use of the Web site or any other service of WorldHealthRecord for any reason, with or without notice to you. You agree that WorldHealthRecord may modify or discontinue WorldHealthRecord, with or without notice to you. WorldHealthRecord or VRSurgeon shall not be liable to you or any third party for any claim or cause of action arising out of such termination, restriction, modification or discontinuance. You agree that should you terminate your membership, online access to your WorldHealthRecord account and records ceases as of the date of termination. After 30 days from the date of termination VRSurgeon shall delete your WorldHealthRecord account and all records from the server. You agree that WorldHealthRecord is under no obligation to keep your account information and records subsequent to termination. Furthermore, you release VRSurgeon from any and all responsibility and/or liability due to the accessibility and use, or lack thereof, of your account and records subsequent to termination.

Disclaimer of Warranties:
The information on this site is intended for general information purposes only and is not intended to replace the services of a trained healthcare professional. VRSurgeon or elements of the WorldHealthRecord site cannot render healthcare, medical or any other advice. All information, including your Healthcare Profile and your Personal Health Records, are provided to the WorldHealthRecord site and VRSurgeon by you and/or your healthcare provider at your request. VRSurgeon does not inspect these records for completeness or accuracy. Notwithstanding any other statement on the WorldHealthRecord Web site, VRSurgeon makes no warranties of any kind, either express or implied, regarding and including, but not limited to, the completeness, accuracy, reliability or availability of information or material stored by WorldHealthRecord or otherwise available through WorldHealthRecord. The WorldHealthRecord service and everything on the Web site is provided to you "as is" and "as available". VRSurgeon makes no representations or warranties of any kind with respect to its services, the web site or its content. VRSurgeon does not warrant that its Web site is free of viruses or other harmful components that may affect your computer. Access to information on the WorldHealthRecord site depends upon operation of Internet and telecommunications facilities which are not owned or controlled by VRSurgeon. VRSurgeon therefore assumes no liability for any transmission delay, service interruption, data corruption or other problem connected with accessing the WorldHealthRecord site. VRSurgeon disclaims all representations and warranties, including, for example warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, no information, whether oral or written, obtained from you by WorldHealthRecord and VRSurgeon or its agents or employees shall create any warranty not expressly made in these Terms & Conditions. If any applicable authority holds any portion of this section to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by applicable law. Due to the source of and variations in the documents supplied to us by you and your physician, any and all documents in your file are for reference purposes only. No documents should be considered diagnostic or clinical quality, nor should they be used for diagnostic or clinical evaluation. You fully understand that your Personal Health Record may contain mental health, development disabilities, alcohol/substance abuse, AIDS/HIV test results and/or other private and confidential information. WorldHealthRecord and VRSurgeon does not edit, redact or otherwise alter or delete any information from the Personal Health Record file provided by you or your physician prior to or after incorporation into your Personal Health Record. You are responsible for maintaining the confidentiality of your Username and Password.

Limitation of Liability:
Except as expressly otherwise provided by law, VRSurgeon’s total liability to you for all claims arising from the use of the WorldHealthRecord site and any information provided herein is limited to $1, and neither VRSurgeon (including its related companies and each of their respective directors, officers, employees and agents) nor any other party involved in creating, producing or hosting the WorldHealthRecord site shall be liable to you or any third party for any direct, incidental, consequential or indirect damages resulting from access to, use of, or inability to use the Web site or the WorldHealthRecord information or materials, whether based on warranty, contract, tort, or any other theory or liability and without regard to any negligence of WorldHealthRecord and VRSurgeon. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnity:
You agree to indemnify and hold harmless VRSurgeon, its related companies and each of their respective officers, directors, employees, owners and agents from and against any third party claim or demand, including reasonable attorney’s fees, arising out of your use of the WorldHealthRecord Services or web site, your violation of these Terms & Conditions or your infringement of any right of any person. You agree to be solely responsible for your compliance with any applicable law governing your use of the WorldHealthRecord services.

Authorized Access:
You understand and agree that if you want a person or organization to have access to your online Personal Health Record in an emergency or non-emergency situation, but you are unable to provide your personally selected Username and Password, the person or organization will not have access to your records. WorldHealthRecord and VRSurgeon will not provide access to your records except through the Username and Password. The healthcare information contained within your registered Personal Health Record may not be accessed by telephone.

Minimum Age Of Use:
You affirm that you are at least 18 years old or older at time of registration. Personal health records may be created and kept for minors, under 18 years of age, by their legal guardians.

Advertising:
By using the WorldHealthRecord services, you consent to being subject to advertising material from VRSurgeon and other parties. VRSurgeon does not guarantee the authenticity of material presented by advertisers, or are any other guarantees implied otherwise. The use,r in registering with WorldHealthRecord web site, consents to the presentation of information to the user. The user consents to material being presented, which may or may not be selected based on user preferences as determined by WorldHealthRecord or VRSurgeon. No Personal Health Record information or stored medical information specific to any user will be released to advertisers or other entities.

Electronic Communications:
By using the WorldHealthRecord services, you consent to receiving electronic communications from WorldHealthRecord and VRSurgeon. These communications will include notices about your account and information concerning the WorldHealthRecord services. You agree that any notice, agreements, disclosure or other communications that WorldHealthRecord and VRSurgeon sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

DISPUTE RESOLUTION:
If you have a concern about online privacy that relates to these Terms and Conditions or the WorldHealthRecord Privacy Policy and its implementation, please send us an email at info@vrsurgeon.com or contact us by mail to: VRSurgeon, Inc. 93 5 Mile Woods Road, Catskill, NY 12414. VRSurgeon and WorldHealthRecord participates in the Council of Better Business Bureau's BBBOnLine® Privacy Program, and eligible online privacy complaints will be handled under the BBBOnLine Privacy Program Dispute Resolution Process. Further information about this program is available at www.bbbonline.org. All other disputes arising from or related to these Terms & Conditions or the WorldHealthRecord service shall be submitted to binding arbitration. The arbitration shall take place in Greene County, New York, before an attorney or retired judge who is acceptable to the parties. If the parties are unable to agree on an arbitrator, then an arbitrator shall be appointed in accordance with New York State Law. The parties will share equally in the fee of the arbitrator. Each party shall bear its own other costs and attorneys’ fees associated with the arbitration. Each party shall be entitled to inspect documents in the other party’s possession or control prior to the hearing. The parties may obtain additional pre-hearing discovery only by agreement or by applying to the arbitrator, who shall rule on all discovery and procedural issues.

Please refer back to this page for the latest version of the VRSurgeon, Inc., WorldHealthRecord Terms & Conditions of Use.