USER AGREEMENT

MedSurfer.com is an Internet-based online information and communication service. By accessing or using MedSurfer.com, you agree to be bound by the terms and conditions of this agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE MEDSURFER.COM.

MEDSURFER.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF MEDSURFER.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. DISCLAIMER

The information contained in MedSurfer.com is presented for the purpose of educating consumers on wellness and disease management topics. Nothing contained in MedSurfer.com is intended to be instructional for medical diagnosis or treatment. Please refer to our medical disclaimer for more information. The information on MedSurfer.com should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should NOT be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained in MedSurfer.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in MedSurfer.com.

MedSurfer.com SERVICES AND MEDSURFER.COM SOFTWARE AND INFORMATION ACCESSED Through MedSurfer.com (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. MedSurfer.com hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT. MedSurfer.com and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. MedSurfer.com and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. MedSurfer.com and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. MedSurfer.com and Information Providers do not warrant or guarantee that the functions or Services performed in MedSurfer.com will be uninterrupted or error-free or that defects in MedSurfer.com will be corrected. Users of MedSurfer.com are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to MedSurfer.com for the reconstruction of any lost data.

2. OTHER SITES

You are encouraged to use discretion while browsing the Internet on searches initiated at MedSurfer.com. MedSurfer.com links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. MedSurfer.com and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a MedSurfer.com link that would be practically impossible).

3. REVIEW OF POSTINGS & UPLOADS

MedSurfer.com does not and cannot review all communications and materials posted or uploaded to MedSurfer.com and is not responsible for the content of these communications and materials. However, MedSurfer.com reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to MedSurfer.com. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

4. LIMITED LICENSE

By this Agreement, MedSurfer.com grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use MedSurfer.com in real time and to use the materials in MedSurfer.com in a manner consistent with paragraph 11 (Copyright) below.

5. USER’S AGREEMENT

You agree to: (a) maintain all equipment required for your access to and use of MedSurfer.com ; (b) maintain the security of your user identification, password and other confidential information relating to your MedSurfer.com account; and (c) be responsible for all charges resulting from use of your MedSurfer.com account, including unauthorized use prior to your notifying MedSurfer.com of such use and taking steps to prevent its further occurrence by changing your password.

6. ON-LINE COMMUNICATIONS

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by MedSurfer.com. MedSurfer.com cannot and does not screen content provided by you to MedSurfer.com . Notwithstanding the foregoing, MedSurfer.com reserves the right to monitor content on MedSurfer.com and to remove content, which MedSurfer.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or MedSurfer.com’s operating policies for users of MedSurfer.com ("Users").

7. PRIVACY POLICY

MedSurfer.com considers its users' privacy to be of the utmost importance. Please see our privacy statement for a detailed description of our information gathering and dissemination practices for the MedSurfer.com Web site.

8. USER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use MedSurfer.com in accordance with this Agreement. You agree to be financially responsible for your use of MedSurfer.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

10. CONTENT

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and even then may not be accurate. Merchants appearing on MedSurfer.com are not authorized MedSurfer.com spokespersons, and their views do not necessarily reflect those of MedSurfer.com. Please refer to our medical disclaimer for more information. MedSurfer does not claim ownership of content rightfully published by individual User. Unless stated otherwise for specific services, User will retain copyright ownership and all related rights for information he or she rightfully publishes through MedSurfer User Blogs. MedSurfer may use portions of content in order to promote user blogs. MedSurfer will not edit your content. However, MedSurfer reserves the right (but not obligation) to remove any content that violates MedSurfer policies or is otherwise objectionable including without limitation any illegal, threatening, libelous, obscene, harassing, tortuous or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby (.Objectionable Content.). User agrees that MedSurfer neither endorses the contents of any User communications nor assumes responsibility for any Objectionable Content. User agrees to assume all risks related to content posted by or on the account of the user. MedSurfer reserves the right (but not the obligation), in its sole discretion, to block promotion of user's content within the MedSurfer User Blogs or to outside search services or other websites.

11. USER CONDUCT

User agrees not to: (a) post or upload Objectionable Content or violate intellectual property (including without limitation trade secrets) of others in posting User content (b) impersonate another person or entity, misrepresentation, promote hate crimes, (c) post or upload any computer code, viruses, or anything with the intent to disrupt, destroy, hack, or alter computer or telecommunications equipment, hardware or software, (d) violate any local, state, national or international law - intentionally or unintentionally, (e) interfere with or disrupt the Service or the intended use thereof, or post anything that disrupts a third party service; (f) "stalk" a third party; (g) interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. (h) collect or store personal information on visitors, users or contributors of the Service; (i) use the service for phishing, email spamming, or website/search engine spamming; (j) create accounts, post messages, or otherwise access the service using any automated means; (k) provide instructions for or promote any illegal activities; (l) promote or suggest physical harm or injury to any third party or group including humans and/or animals; or (m) provide instructions on creating or assembling weapons of any kind; (n) place third party advertising codes or scripts (in other words serving as an ad "publisher") in blog content; (o) use blogs mainly for the purpose of blatant promotion of services or websites ("blog spamming"). User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations

12. LICENSES AND IDEA SUBMISSIONS

You agree to grant to MedSurfer.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of MedSurfer.com (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against MedSurfer.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEDSURFER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING MEDSURFER.COM USING YOUR SERVICE ACCOUNT.

14. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER MEDSURFER.COM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MEDSURFER.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MEDSURFER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF MEDSURFER.COM.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MEDSURFER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF MEDSURFER.COM's Community ARE HEREBY EXCLUDED EVEN IF MEDSURFER.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. THIRD PARTY RIGHTS

The provisions of paragraphs 13 (Indemnification) and 14(Waiver, Release and Limitation of Liability) are for the benefit of MedSurfer.com and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. TERM; TERMINATION

Either you or MedSurfer.com may terminate your right to use MedSurfer.com at any time, with or without cause, upon notice. MedSurfer.com also reserves the right to terminate or suspend your MedSurfer.com membership without prior notice, but MedSurfer.com will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 20 (Total Legal Bullshit Provision) shall survive any termination of this Agreement.

17. NOTICE

MedSurfer.com may deliver notice to you under this Agreement by means of electronic mail, a general notice on MedSurfer.com , or by written communication delivered by first class U. S. mail to your address on record in MedSurfer.com’s account information. In addition, as noted above, we may modify this agreement from time to time. Posting of these modifications on this page will suffice to notify you, and by using this site, you agree that you will review this site regularly for updated information. You may give notice to MedSurfer.com at any time via electronic mail to MedSurfer.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

MedSurfer.com,
P.O. Box 343,
Clementon, NJ 08021
Attn: Chief Executive Officer/President
Electronic Mail: contactus@medsurfer.com

18. SEVERABILITY

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

19. MISCELLANEOUS

USE COMMON SENSE WHEN VIEWING THIS AND OTHER INTERNET INFORMATION AS WE ARE OBVIOUSLY NOT RESPONSIBLE FOR YOUR LIFE AND DECISIONS. TAKE THIS WEBSITE'S INFORMATION (AND ALL INFORMATION YOU ACQUIRE) WITH A "GRAIN OF SALT" AND CONFIRM IMPORTANT INFO WITH OTHER SOURCES. USE COMMON SENSE WHEN GETTING INFORMATION FROM THE INTERNET, LIBRARY, ENCYCLOPEDIA, PERSONAL DOCTOR, OR ANYBODY ELSE. WEAR SUNSCREEN, USE SEATBELTS, USE PROTECTION WHEN HAVING INTERCOURSE AND PROTECT YOUR EYES WHEN USING POWER TOOLS.