HEALTH FLIGHTS SOLUTIONS INC TERMS AND CONDITIONS OF SERVICE

This site is owned by Health Flights Solutions Inc. (“Company”, “we”, “us”, “our”). Your access to and use of GLOBALPATIENTSYSTEM.COM and its sub-sites (“Website”, “Portal”) is voluntary and is done entirely at your own risk. By accessing and using the Website you accept, without limitation, the following terms and conditions and your compliance with these Terms of Use / Online Privacy (“Terms of Use”) is a condition to your use of the Website.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS WEBSITE.

The Site is provided to you by our Subscribing Partner (“Subscriber”), through whom you received your Portal enrollment. If you have questions regarding the Portal, your account or any other questions, please contact the Subscriber.

No Medical Advice, Opinions, or Services Provided

THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, IMAGES, PHOTOGRAPHS, ILLUSTRATIONS, ARTWORK, ANIMATION FILES, GRAPHICS AND OTHER VISUALS (“CONTENT”), IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PRESCRIBING OF MEDICATION, OR RECOMMENDATIONS OF ANY KIND AND DO NOT CREATE A BUSINESS OR PROFESSIONAL RELATIONSHIP WITH YOU AND COMPANY. YOU SHOULD ALWAYS SEEK THE ADVICE OF QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL INFORMATION NEEDS AND ANY MEDICAL CONDITIONS. RELIANCE ON ANY INFORMATION APPEARING ON THE WEBSITE, WHETHER PROVIDED BY YOUR SUBSCRIBER OR THEIR PARTNER HEALTH CARE PROVIDERS, OUR SITE CONTENT PROVIDERS, EMPLOYEES OR MEDICAL STAFF, VISITORS TO THE PORTAL OR OTHERS, IS SOLELY AT YOUR OWN RISK. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU AGREE THAT YOU, ALONG WITH USER AGREES THAT HE OR SHE, ALONG WITH YOUR MEDICAL PROVIDER, ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF INFORMATION AND FOR ALL OF YOUR DECISIONS OR ACTIONS WITH RESPECT TO MEDICAL CARE AND TREATMENT, INCLUDING WITHOUT LIMITATION, ALL OF YOUR ACTS OR OMISSIONS. ANY USE OR RELIANCE BY YOU UPON THE SITE WILL NOT DIMINISH THAT RESPONSIBILITY. NEITHER COMPANY NOR ITS LICENSORS OR SUBSCRIBERS ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, A PATIENT, OTHER PERSON, OR TANGIBLE PROPERTY ARISING FROM ANY USE OF THE PORTAL OR ANY MEDICAL DECISIONS MADE BY YOU OR YOUR MEDICAL PROVIDER BASED ON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE PORTAL.

Your Personal Information, Account, User ID & Password, and Portal Access

Your privacy is important to us. You will need to use a personal User ID and password to access and use the Portal. The Portal will store your personal information from multiple data sources (including, for example, certain medical records, documents, and information you provide to Subscribers or upload/enter on the Portal). You are solely responsible for understanding and complying with all state and federal laws related to retention of medical records, access to information and authorization to release data.

You are responsible for maintaining the confidentiality of your User ID and password and for restricting access to your computer. You agree not to share or disclose your User ID or password to any third party. You agree that you are fully responsible for all activity occurring in your account or by any use of your User ID or password. The Company/Subscriber reserves the right to refuse access, service, terminate accounts, remove or edit Content in its discretion. You understand that you are financially responsible for all uses of the online Portal by you and those inappropriately using your User ID and password information. You acknowledge that your access to the Portal may be revoked at any time with or without cause.

Minors

Applicable US state laws and other laws restrict access to health information included in the Content of the online Portal by minors. Accordingly, by accessing your account on the Portal, you represent that you are of sufficient legal age to use the Portal and to create binding legal obligations for any liability you may incur because of the use of the Portal. If you are an unemancipated minor over the age of 13 residing in the US, you may only use the Portal if: (a) such use has been approved of by your parent or legal guardian, (b) you use the Portal under their supervision, and (c) your parent or legal guardian has agreed to these Terms on your behalf. If you are the parent or guardian of an unemancipated Minor, you may use the Portal and enter into these Terms on behalf of such Minor. By doing so, you represent and warrant that that you have the legal capacity to act on behalf of such Minor; and agree, in such capacity, that all provisions of these Terms that are applicable to you are equally applicable to such Minor. Under no circumstances may the Portal be used by a child under 13 years old.

Permitted Use of the Portal

Company grants you access to make personal use of the Portal and not to download (other than page caching) or modify Portal, or any portion of it, except with tools provided by the Portal or with the express written consent of the Company. You are not permitted to sell access to the Portal or any of its contents. You are not permitted to make or establish a derivative use of the Portal or its contents; or download or copy any information for the benefit of another party - except as may otherwise be allowed under the Portal (e.g. parent/guardian/minor relationship). Use of data mining, robots, or similar data gathering and extraction tools is prohibited. The Portal or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

Prohibited Acts

You are prohibited from violating or attempting to violate the security of the Portal, including, without limitation, to (a) sell, resell, rent or lease the Portal, use the Portal beyond your personal use or reverse engineer the Portal; (b) access data not intended for you as user or logging onto a server, account, network or related system which you are not authorized to access; (c) attempt to probe, scan or test the vulnerability of the Portal, system or network or to breach security or authentication measures without proper authorization; (d) use the Portal to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights); (e) interfere with or disrupt the integrity or performance of the Portal; (f) remove or modify any proprietary marking or restrictive legends in the Portal/Site; (g) use the Portal in violation of any law; (h) access the Portal to gain competitive knowledge or build a competitive product or service, or copy any feature, function or graphic of the Portal for competitive purposes; or (i) access or use the Portal or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any activity being conducted on the Portal. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Portal or third-party providers without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Portal's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by Company for use of the Site/Portal. You may not use the Portal logo or other proprietary graphic or trademark as part of a link or otherwise without express written permission.

Intellectual Property

The material, information, and content on this Portal are copyrighted property of Company and may not be copied, distributed, republished, uploaded, posted, or transmitted without express written consent. Any reproduction, modification, or other use is expressly prohibited. The materials displayed on this Portal, including but not limited to all text, copy, audio, video, images, photographs, illustrations, artwork, animation files, graphics and other visuals, and names, logos, trademarks and service marks, are property of Company or affiliated companies or its licensors and are protected by copyright, trademark and other intellectual property laws. You may download, display and/or print one copy of the materials on any single computer solely for your personal, non-commercial home use, provided that you do not delete or modify any copyright, trademark or other proprietary notices. Any other use of the material on this Site without the prior written consent of Company is strictly prohibited.

Accuracy and Integrity of Information

Although Company attempts to ensure the integrity and accurateness of the Portal, it makes no representations, warranties or guarantees as to the correctness or accuracy of the Portal and Content. It is possible that the Portal could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Portal by third parties or Subscribers. In the event that an inaccuracy arises, please inform your Subscriber so that it can be corrected. Additionally, Company shall have no responsibility or liability for information or content posted to the Portal by Subscribers or you.

Third-party content and Links to Other Websites

Subscribers, third party health care providers, payers, publishers and distributors may own or make available parts of the Content found on the Portal. Company is not responsible for their content or the privacy practices of Subscribers or third parties. We recommend that you review the privacy and security policies of such third parties prior to use of their content. Any questions, complaints, or claims related to any such information, services or products should be directed to the appropriate third party.

Company may provide links on Company’s Portal which lead to services or sites not operated by Company. However, while Company may maintain business relationships with the operators of such websites, Company is not responsible for the content or privacy policies of those sites. No judgment or warranty is made with respect to such other services or sites and Company takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Company provides access to these sites for your convenience only, and any use you make of the information provided on this site, or any site or service linked to by this site, is at your sole risk.

Online Transactions – Payment for Services

You may be able to pay for services from Subscriber online. We process financial payments, including the processing of credit cards, debit cards, and e-check bank account withdrawals, through PayPal. We do not store your credit card, debit card or bank information. Please consult the PayPal website for their terms of use and privacy practices. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant card and card information.

Changes to Content

Company reserves the right to, at its sole discretion, suspend, discontinue, modify, update, alter this Portal, and any of its content, at any time and without notice. Content found herein should be considered current only as of the initial publication date and not the date on which the content was accessed.

Discontinuing Use of the Portal

You may discontinue your use of the Portal at any time by contacting your subscriber.

Communications

Unless specifically provided otherwise in this Portal, any communications and materials you send to this Portal or to Company by Internet or electronic mail are sent on a non-confidential basis and without any promises by Company to keep such information confidential. Company further shall have the right to use (including reproduce, modify, distribute and display) such communications or materials for any purpose whatsoever (including, without limitation, to develop, manufacture and/or market products) and without any obligation to pay you compensation for such use. Any information you send to the Company must be legal, truthful and not violate the rights of any others. You further agree to defend, indemnify, and hold harmless Company and its affiliates, shareholder, directors, officers, and employees from any and all claims or actions for actual or alleged infringement of any patent, trademark, copyright or other property right arising out of or in connection with your violation of any third party’s intellectual property rights, privacy rights or other any other property rights.

ONLINE PRIVACY & COOKIES

For information about how the Subscriber collects, uses and shares your health, medical or other information, please refer to the Subscriber’s Privacy Policy. This section describes how information collected via the Portal is used, shared and stored.

Information on the Portal

Information is obtained by the Portal in a variety of ways, including, for example, when you contact the Subscriber, fill out feedback forms, request services, upload documents, your subscriber uploads information for you, or you and your Subscriber communicate. You may be asked to provide personal information such as name, address, telephone number, email address, etc. to use the Portal for various transactions. All data, information, images and files entered or uploaded by you to the Portal remain your sole property. You grant Company a non-exclusive, royalty-free license to modify, store, transmit and otherwise use your information for purposes of Company performing under these Terms. You are solely responsible for your information, must use commercially reasonable efforts to prevent unauthorized access to the Portal, must notify Company promptly of any such unauthorized access, and may use the Portal only in accordance with these Terms and applicable law.

Any information provided by you or on your behalf through the Portal must be legal, truthful and not violate the rights of any others. If you learn that any information provided in the Portal is not true, correct or accurate, you must immediately notify Subscriber in writing of this fact, and provide the true, correct and accurate information. Company relies on your representations regarding the truth, accuracy and compliance with laws regarding your information.

Minors

If Company determines that it has collected personal information from a child under the age of 18 or a Minor, unless as collected as approved use for or on behalf of minors stated previously in these Terms the Company will promptly delete that information. If you believe Portal has information provided by a minor, please contact your Subscriber immediately.

Cookies

When you visit the Portal, we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Portal again, the cookie allows the website to recognize your browser. Cookies may store unique identifiers, user preferences and other information. Generally, we use cookies to: (a) enable us to access your account information so you do not have to reenter it; (b) gather statistical information about usage by registered or unregistered users and (c) research visiting patterns. In addition, we may use cookies to: (a) help target advertisements based on user interests; (b) assist our affiliates to track visits and process payments and inquiries; and (iii) track progress and participation in Portal activities. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

Your Personal Information

You can access and update certain information we have relating to your online account by using the features in the Portal. We use your personal information to process credit card / debit card transactions, and to provide information to health care providers, payers and other third parties that help us provide portal content to you. For example, we may use third parties to help host and maintain the Portal, and to process payments.

Statistics, Data Aggregations Services and De-identified Data; Sharing your information

Company may automatically gather general statistical information about use of the Portal and users, such as IP addresses, browsers, number of visitors, browser type, computer or device type, the website from where you navigated to the Portal, and the pages on the Portal that you view, requests submitted, payments made, etc. To review how your Subscriber uses this information, please refer to the Subscriber’s Privacy Policy. The Company may also use data, including protected health data, in the aggregate and in a de-identified form, for a number of reasons such as, to determine usage patterns, for technical support, business purposes, process improvements or system usage purposes. We may provide this statistical information to third parties, but if and when we do, we do not provide any personally identifying information. We do not sell or rent or share personally identifying information collected during your use of the Portal other than in connection with our conduct of the business of the Portal without your permission. We collect and store your profile in order for you to manage your use of the Portal.

We also will share personal information with third party companies, organizations or individuals outside of the Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (a) comply with applicable law, regulation, subpoena, legal process or enforceable governmental request; (b) enforce applicable Terms of Use, including investigation of potential violations; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of the Portal, our users, Subscribers, members or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Portal to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may choose to transfer or sell your personal information. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in this privacy statement unless you agree differently.

Security of Your Information

When personal information is transmitted from your personal computer and/or mobile devices to the Portal, it is protected in transit through the use of encryption, such as the Secure Socket Layer (SSL) protocol. In order to help secure your personal information, access to your personal information on the Portal is password-protected. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including name, and address, so that it cannot be read over the internet. However, since wireless networks, personal computers and the Internet are not a 100 percent secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us or provide to the Portal or to Subscribers and which is viewable via the Portal. As a result, while we try to protect your personal information, you access and use the Portal at your own risk. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical or administrative safeguards. It is your responsibility to protect the security of your personal computer, User ID and password. As a user of the Portal you hereby agree that you (and not the Company or Subscriber) are solely liable for viruses, worms, Trojan horses, malware, bots, and other electronic mechanisms designed to destroy or impair the functioning of computer systems and residing on your personal computer and/or mobile device. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account and close your browser window when you have finished your session. This action will help ensure that others cannot access your personal information and account information if you share a computer with someone else or are using a computer in a public place where others may have access to it.

Disclaimer of Warranties and Liabilities; Indemnity

Company makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information, materials, or content provided on this Portal or any site or service accessible through this site. ALL INFORMATION, MATERIALS, AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCESSIBILITY OF THIS WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PORTAL, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PORTAL AND OF THE INTERNET.

IN NO EVENT WILL EITHER COMPANY OR ITS THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF.

To the maximum extent allowed by law, you agree to defend, indemnify and hold the Company harmless from and against all third-party claims, damages and expenses (including reasonable attorney fees) against or incurred by the Company arising out of your breach of any of these Terms; any unauthorized use, access or distribution of the Portal by you; violation of any individual’s privacy rights related to information submitted under your account; or fraudulent, invalid, duplicate, incomplete, unauthorized, or misleading information submitted under your account or by you; or your use or access of the Portal or access by anyone accessing the Portal using your User ID and password. If you have any basis for recovering damages from the Portal, the Company, or their affiliates or third parties, you agree by your use of the Portal that you can only recover damages up to a maximum of fifty dollars ($50).

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability may not apply. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’ liability shall be the minimum permitted under such applicable law.

Release

In the event that you have a dispute with any individual and/or entity that arises out of your use of the Portal, you release Company (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Changes to Terms of Use / Online Privacy

The Company reserves the right, at its sole discretion, at any time, to modify, alter, or update the terms and conditions of these Terms of Use / Online Privacy with or without notice. Modifications shall become effective immediately upon being posted on the Portal. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Portal. Your continued use of the Portal after modifications are posted constitutes an acknowledgement and acceptance of the Terms of Use and modifications.

General Provisions

These Terms of Use, along with any other terms of use you agree to when using certain portions of this Portal, constitute the entire agreement between you and Company with respect to accessing or using this Portal and the information contained herein. These Terms of Use shall be governed by the laws of the United States and the laws of the State of Florida shall govern, without reference to its choice of law rules. You specifically acknowledge that any claims or suits arising from or related to these Terms of Use or your access and/or use of Company’s Portal shall be brought in the Federal and State courts located in Orange County, Florida and you irrevocably agree to submit to the exclusive jurisdiction of such courts without regard to the principles of conflict of laws, without regard to where in the world you are located, or from where in the world you visited this website. You may only bring claims against Company on an individual basis, and not as a plaintiff or class member in any purported class or representative action or proceeding. Company’ failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction rules that any provision contained in these Terms of Use is invalid, then that provision will be deemed to be removed from these Terms of Use without affecting the remainders provisions, and the remaining provisions will be deemed to be valid and enforceable. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use shall remain in full force and effect notwithstanding your ceasing to use the Company’s Portal.