Effective Date: February 10, 2011

HEALTHCAREWATCHDOG™ TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY RELATE TO YOUR USE OF OUR WEBSITE AND SERVICES, AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Thank you for visiting our website located at www.healthcarewatchdog.net (the “Website”). The Website is owned, operated and maintained by Healthcare Watchdog, LLC (“HealthcareWatchdog™,” “we,” “us” and/or “our”). By using the Website and/or any of our Services (as defined hereinbelow) (collectively, the “Offerings”), you agree completely and unconditionally to the terms and conditions set forth in these HealthcareWatchdog Terms & Conditions (the “Agreement”) and to be legally bound thereto, and to abide by the terms of this Agreement, just as if you had signed this Agreement. If at any time you do not comply with the terms of this Agreement, we reserve the right to cancel or terminate your subscription, password, user account and/or access to the Website and the Services.

We reserve the right, in our sole and absolute discretion and without specific prior notice or liability to you, to change, modify, expand, restrict or terminate any aspect of the Offerings and/or this Agreement, or the entire Offerings, at any time; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website, and periodically for changes. By using the Offerings after we post any changes to this Agreement on the Website or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). You also agree that any termination or cancellation of your subscription to the Services by us may be effected without prior notice, and that we will not be liable to you or any third-party for any termination or cancellation of your subscription, except for a refund of fees in accordance with Sections 6 and 7 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the Services by us pursuant to this Agreement, or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription in accordance with the terms of this Agreement. If you do not agree to this Agreement, please do not visit or use the Website or sign up for the Services.

HEALTHCAREWATCHDOG™ IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”).

The Services and/or information presented on the Website is/are in no way intended as legal and/or medical advice. Nothing provided by and through the Offerings is intended to be a substitute for professional legal and/or medical advice. The Offerings should only be used in conjunction with the guidance of your attorneys and/or healthcare providers. You should always consult with your attorneys and/or healthcare providers before taking any action in connection with the Offerings. Never disregard professional legal and/or medical advice or delay in seeking professional advice or treatment because of information obtained by and through the Offerings.

1. Scope of Agreement. Unless we indicate otherwise, this Agreement applies to your use of the Website, and all of the Services that we may offer currently or in the future by and through the Website.

2. Privacy Policy. Any information that you submit to us or that we collect by and through the Website is subject to the HealthcareWatchdog Privacy Policy (“Privacy Policy”), the terms of which are incorporated into this Agreement by reference. For a copy of our Privacy Policy, Click Here.

3. The Services. The Services are intended to provide assistance to certain Eligible Subscribers (as such term is defined below), where the health insurance company (including, in certain circumstances, Medicare) from which the applicable Eligible Subscribers have, either individually or as part of a larger group, purchased health insurance coverage (the “Insurer”), is not abiding by the terms of the applicable insurance policy or plan (collectively, the “Plan”) with respect to a specific claim or claims submitted by the Eligible Subscriber to the Insurer. Accordingly, if an Insurer: (a) refuses to reimburse an Eligible Subscriber for the cost of a medical procedure, medical services or other healthcare services (collectively, “Healthcare Services”); (b) reimburses an Eligible Subscriber less than is required under the terms of the applicable Plan (or, in the event that the Eligible Subscriber has not paid the healthcare provider directly at the point of service, if the Insurer refuses to make proper payment to such healthcare provider); or (c) refuses to approve a medical procedure or access to a healthcare provider sought by an Eligible Subscriber, each in contravention of the terms of the Plan, and provided that the affected Eligible Subscriber: (i) complies with all prerequisites stated in Section 4 hereinbelow; and (ii) files a proper, Valid Grievance (as defined below) with us, then we will provide such Eligible Subscriber with such of the Services set forth in this Section 3 as we determine in our sole and absolute discretion are best suited to achieving the goal of compelling the applicable Insurer to abide by the terms of the Plan. With regard to any particular matter, therefore, we are likely to provide certain of the Services, but not all of them, based on which we determine will be most effective given the details of the then relevant matter. Note that it is not our intention to provide assistance to Eligible Subscribers in such instances where the Insurer is abiding by the terms of the applicable Plan, even if the Eligible Subscriber is dissatisfied with those terms. Accordingly, we will assist only Eligible Subscribers and only with respect to Valid Grievances. We will make all determinations, in our sole and absolute discretion, as to whether any particular filed grievance is a Valid Grievance, and our conclusions with respect thereto shall be final and binding.

The Services are also intended to provide assistance to Eligible Subscribers who are involved in good faith and valid disputes with hospitals, physicians and other state-licensed healthcare providers (“Healthcare Providers”) over the cost of Healthcare Services, provided that the dispute is a Valid Grievance involving in excess of Five Hundred Dollars ($500.00), and provided further that the Eligible Subscriber: (i) complies with all prerequisites stated in Section 4 hereinbelow; and (ii) files a proper, Valid Grievance with us. Note that it is not our intention to provide assistance to Eligible Subscribers in such instances where we determine in our sole and absolute discretion that the Healthcare Provider’s charge for the medical services in question is proper, even if the Eligible Subscriber is dissatisfied with such charge. Accordingly, we will assist only Eligible Subscribers and only with respect to Valid Grievances. We will make all determinations, in our sole and absolute discretion, as to whether any particular filed dispute is a Valid Grievance, and our conclusions with respect thereto shall be final and binding. If we determine that a Healthcare Provider’s charges are not valid, then we will provide the Eligible Subscriber with the such of the Services set forth in this Section 3 as we determine in our sole and absolute discretion are best suited to achieving the goal of compelling the applicable Healthcare Provider to modify such charges. With regard to any particular matter, therefore, we are likely to provide certain of the Services, but not all of them, based on which we determine will be most effective given the details of the then relevant matter.

Please be advised that HealthcareWatchdog™ does not offer expedited Services under any circumstances whatsoever. By way of clarification and for the avoidance of doubt, it is the intention of HealthcareWatchdog™ to respond to all Valid Grievances within a reasonable time frame, but HealthcareWatchdog™ will not be required, under any circumstances whatsoever, to so respond in fewer than forty-eight (48) business hours from the time and date that HealthcareWatchdog™ receives such Valid Grievance AND the Eligible Subscriber complies with all of the conditions precedent set forth in Section 4 hereinbelow. IN ADDITION, WE DO NOT GUARANTY RESULTS.

Subject to the terms of Section 4 hereto regarding conditions precedent to our provision of the Services, Eligible Subscribers will be entitled to the following services ONLY (the "Services"). Any service not explicitly included in the following list IS EXPRESSLY NOT INCLUDED, and neither are any services included by implication, extrapolation or inference. We have the right to use our own employees to provide the Services and/or, in our sole and absolute discretion, to subcontract and/or otherwise outsource the provision of Services. The Services are as follows:

• Conduct an initial telephone conversation or other form of communication with the Eligible Subscriber in order to review the particulars of the grievance, gather facts, obtain necessary authorizations and other forms, obtain applicable healthcare provider contact information and begin to plan a course of action geared toward assisting the Eligible Subscriber in compelling the applicable Insurer to abide by the terms of the Plan and/or in compelling the applicable Healthcare Provider to modify a disputed charge for Healthcare Services.

• Conduct follow-up telephone conversation(s) or other forms of communication with the Eligible Subscriber to review the status of ongoing Valid Grievances.

• Conduct telephone conversation(s) or other forms of communication with the applicable Insurer to review the dispute between the Insurer and the Eligible Subscriber, and to set forth the reason or reasons why the Insurer is obligated under the terms of the Plan to: (A) reimburse the Eligible Subscriber; and/or (B) increase a previous reimbursement to the Eligible Subscriber; and/or (C) pay a healthcare provider; and/or (D) approve an Eligible Subscriber’s treatment choice and/or healthcare provider choice.

• On behalf of an Eligible Subscriber, draft letter(s) or other forms of communication from us to the applicable Insurer, supported where appropriate by letters or other supporting documentation from applicable healthcare providers (the appropriateness of which will be determined by us in our sole and absolute discretion) that will set forth the nature of the dispute between the Insurer and the Eligible Subscriber, as well as the reason or reasons why the Insurer is obligated under the terms of the Plan to: (I) reimburse the Eligible Subscriber; and/or (II) increase a previous reimbursement to the Eligible Subscriber; and/or (III) pay a healthcare provider; and/or (IV) approve an Eligible Subscriber’s treatment choice and/or healthcare provider choice.

• Assist Eligible Subscribers in the preparation, submission and pursuit of internal appeals of denied claims with the applicable Insurer pursuant to the Insurer’s internal appeal mechanisms and rules. Such assistance may include the collection and organization of supporting documentation, preparation of Insurer forms and documents, and any and all other actions reasonably necessary to the preparation of an organized, professional quality internal appeal; provided, however, that we shall not under any circumstances whatsoever appear in person at any such appeal, nor shall we provide legal services of any kind in any way related to such appeal. Accordingly, all such appeals shall be pursued by us by submission of documentation only. Nothing contained herein precludes the Eligible Subscriber from appearing in person at his/her own internal appeal, subject to the applicable rules of the Insurer.

• On behalf of an Eligible Subscriber, interface with healthcare providers’ offices on a case-by-case basis to obtain supporting letters and other documentation; provided, however, that in certain instances Eligible Subscribers will be responsible for obtaining such letters and/or documentation and providing them to us for submission to the Insurer. We will determine, in each instance, in our sole and absolute discretion, whether to contact healthcare providers’ offices directly or to require the Eligible Subscriber to contact such offices.

• Assist Eligible Subscribers in the preparation, submission and pursuit of complaints with appropriate public and/or private entities, including the state insurance board or department and/or the healthcare bureau of the state Attorney General’s Office, to the extent such entities exist and are appropriate for consumer complaints in the state at issue; provided, however, that we will determine, in each instance, in our sole and absolute discretion, whether we will file such a complaint on behalf of the Eligible Subscriber, which determination may be based in whole or in part on the rules of any such entities with regard to the types of consumer complaint that are eligible for action by such entity, and by the prospects for redress that may be expected to result from the filing of such consumer complaint. Nothing contained herein precludes the Eligible Subscriber from filing such a consumer complaint on his or her own behalf without our assistance. We shall not under any circumstances whatsoever appear in person before such public and/or private entities, nor shall we provide legal services of any kind in any way related thereto and, accordingly, all such complaints shall be pursued by submission of documentation only. Nothing contained herein precludes the Eligible Subscriber from appearing in person in support of his/her own complaint.

• On behalf of an Eligible Subscriber, seek assistance from a state- or city-funded managed care consumer assistance program in the state and/or city at issue, if any; provided, however, that we will determine, in each instance, in our sole and absolute discretion, whether we will seek such assistance on behalf of the Eligible Subscriber. Nothing contained herein precludes the Eligible Subscriber from seeking such managed care consumer assistance on his or her own behalf without our assistance in connection with that process. We shall not under any circumstances whatsoever appear in person before such state- or city-funded managed care consumer assistance program, nor shall we provide legal services of any kind in any way related thereto and, accordingly, all such matters shall be pursued by submission of documentation only. Nothing contained herein precludes the Eligible Subscriber from appearing in person on his/her own behalf.

• On behalf of an Eligible Subscriber, seek assistance from the Patient Advocacy Foundation; provided, however, that we will determine, in each instance, in our sole and absolute discretion, whether we will seek such assistance on behalf of the Eligible Subscriber. Nothing contained herein precludes the Eligible Subscriber from seeking such Patient Advocacy Foundation assistance on his or her own behalf without our assistance in connection with that process. We shall not under any circumstances whatsoever appear in person before the Patient Advocacy Foundation, nor shall we provide legal services of any kind in any way related thereto, and accordingly, all such matters shall be pursued by submission of documentation only. Nothing contained herein precludes the Eligible Subscriber from appearing in person on his/her own behalf.

• Suggest options for the Eligible Subscriber if our efforts do not succeed, including, at the Eligible Subscriber’s request and at our sole and absolute discretion, referring the Eligible Subscriber to an attorney in the Eligible Subscriber’s state.

• On behalf of an Eligible Subscriber, follow-up periodically with Insurers to ensure that they are abiding by applicable deadlines for responses to complaints and internal appeals.

• Conduct telephone conversation(s) or other forms of communication, including, in our sole and absolute discretion, written communications with the applicable Healthcare Provider to review the dispute between it and the Eligible Subscriber, and to set forth the reason or reasons why the Healthcare Provider is required to and/or should modify its charge for Healthcare Services to the Eligible Subscriber.

ANYTHING NOT EXPLICITLY LISTED ABOVE AS INCLUDED WITHIN THE DEFINITION OF “SERVICES” IS EXPRESSLY NOT INCLUDED IN THE SERVICES OFFERED PURSUANT TO THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, SERVICES EXCLUDED FROM THE DEFINITION OF “SERVICES” FOR PURPOSES OF THIS AGREEMENT INCLUDE, BUT ARE NOT LIMITED, TO: (X) ANY TYPE OF ASSISTANCE OR INVOLVEMENT WITH ANY SORT OF FORMAL LEGAL PROCEEDINGS SUCH AS LAWSUITS, ARBITRATIONS, MEDIATIONS AND/OR OTHER ALTERNATIVE DISPUTE RESOLUTION PROCEDURES; (Y) ANY TYPE OF ASSISTANCE OR INVOLVEMENT WITH STATE-, CITY- OR OTHER MUNICIPALLY SPONSORED EXTERNAL APPEALS; OR (Z) ANY TYPE OF ASSISTANCE OR INVOLVEMENT WITH REVIEW PROCEDURES UNDER STATE INSURANCE LAWS OR OTHER APPLICABLE LAWS. FURTHERMORE, WE DO NOT COVER ANY GRIEVANCES RELATED IN ANY WAY TO MEDICAID. NOR DO WE OFFER EXPEDITED SERVICES OF ANY KIND, UNDER ANY CIRCUMSTANCES.

IT IS ALSO IMPORTANT THAT YOU REALIZE THAT NOT EVERY ONE OF THE LISTED SERVICES WILL BE UTILIZED ON BEHALF OF EVERY ELIGIBLE SUBSCRIBER. WE RETAIN THE COMPLETE, UNFETTERED AND NON-REVIEWABLE RIGHT TO DECIDE, IN OUR SOLE AND ABSOLUTE DISCRETION, WHICH SERVICES TO UTILIZE IN EACH INDIVIDUAL CIRCUMSTANCE. OUR OBLIGATION GOES NO FARTHER THAN TO USE OUR GOOD FAITH EFFORTS TO ASSIST OUR ELIGIBLE SUBSCRIBERS WITH VALID GRIEVANCES.

WE DO NOT GUARANTY RESULTS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT PROVIDING YOU WITH LEGAL SERVICES OR LEGAL ADVICE OF ANY KIND, THAT WE ARE NOT YOUR LAWYERS, AND THAT WE ARE NOT PRACTICING LAW ON YOUR BEHALF, OR ON BEHALF OF ANY OTHER PARTY.

4. Conditions Precedent. Our obligation to provide Services on your behalf is expressly conditioned on the following requirements (the “Conditions Precedent”), and in the absence of any of the following Conditions Precedent, we are under no obligation whatsoever to provide the Services.

(a) Eligible Subscribers. Only Eligible Subscribers will receive Services. For purposes of this Agreement, an “Eligible Subscriber” shall be defined as one who has met the following requirements:

(i) The subscriber is: current on all of his/her subscription fees and other amounts due to us under this Agreement including, without limitation, all processing fees and reimbursements for out-of-pocket costs for previously provided Services, and was a subscriber in such good standing prior to the date on which the subscriber or his/her Eligible Family Member received services from a Healthcare Provider, from which services and/or the payment therefor the corresponding grievance arose. HealthcareWatchdog™ EXPLICITLY DOES NOT cover any grievance that was caused by an event or events that occurred prior to the time such subscriber joined HealthcareWatchdog™. (Notwithstanding the foregoing, HealthcareWatchdog™ may, on a case-by-case basis, agree to provide services for a subscriber with regard to a grievance that arose prior to the time that such subscriber joined HealthcareWatchdog™, on such terms and conditions as HealthcareWatchdog™ and such subscriber may then agree.) The agreement by HealthcareWatchdog™, in a particular circumstance, to provide services for a subscriber with regard to a grievance that arose prior to the time that such subscriber joined HealthcareWatchdog™, shall expressly not obligate us to do so in any other circumstance, whether for the same subscriber or any other subscriber;

(ii) The subscriber has not in any way violated any of the terms of this Agreement or the Privacy Policy;

(iii) The subscriber is cooperating and continues to cooperate with us, in all ways and in a timely manner, in our provision of the Services including, but not limited to: (A) providing us with all documentation that we may request; (B) providing us with all requested contact information for applicable healthcare providers or other relevant entities upon our request; (C) providing us with a copy of the applicable Plan; (D) responding to our telephone calls, letters and/or other requests for information; (E) openly and honestly answering our questions related to the grievance, Services, Website and/or this Agreement; (F) providing us with signed HIPAA Waiver and Authorization Forms, and Consumer Advocate Disclaimers, as requested by us from time to time, which, among other things, authorize us to: (X) obtain information from applicable healthcare providers; and (Y) represent the subscriber and/or such subscribers’ Eligible Family Member(s) with respect to the applicable Insurer; and (G) provide us with such other forms as may be necessary to authorize the subscriber’s healthcare providers and Insurer, and those of any relevant Eligible Family Member(s), to disclose information to us;

(iv) The subscriber files the grievance within thirty (30) days after the applicable denial of coverage or other act described in Section 3 by the Insurer, or, as the case may be, within thirty (30) days after the date of a Healthcare Provider’s initial invoice containing a disputed charge. Time is of the essence with regard to this Subsection 4(a)(iv);

(v) The subscriber, in all instances, notifies us in writing no fewer than fourteen (14) days in advance of any deadlines prescribed by the Insurer and/or Healthcare Provider;

(vi) The subscriber has paid the processing fee charged by us for the processing of the grievance (the “Processing Fee”), which Processing Fee is in addition to the Monthly Subscription Rate (as defined below) and which Processing Fee may be modified and/or waived by us from time to time; provided, however, that any modification to or waiver of the Processing Fee or Monthly Subscription Rate shall not apply retroactively. Waiver of the Processing Fee in any particular circumstance shall expressly not obligate us to waive the Processing Fee in any other circumstance, whether for the same subscriber or any other subscriber. The Processing Fee will be charged to the subscriber’s credit card or paid by check at the time a grievance is filed, but may be refunded to such subscriber, in our sole and absolute discretion, should we subsequently determine that a filed grievance is not a Valid Grievance. Refund of the Processing Fee in any particular circumstance shall expressly not obligate us to refund the Processing Fee in any other circumstance, whether for the same subscriber or any other subscriber. The Processing Fee is Ten Dollars ($10.00). If the Processing Fee is paid by credit card, the charges will appear on the monthly statement associated with the credit card or debit card that you provided during registration or updated at a later date (“Active Credit Card”) under the identifier “HEALTHCARE WATCHDOG 800-354-1327”; and

(vii) The subscriber has reimbursed us for, and continues to reimburse us in a timely manner for, all of our out-of-pocket costs spent in providing the Services (the “Out-of-Pocket Costs”) including, but not limited to, the cost of overnight courier services, third-party consultants and other reasonable costs. The Out-of-Pocket Costs may, at our sole and absolute discretion, be charged on all grievances, regardless of whether we determine the grievance to be a Valid Grievance. The charges for the applicable Out-of-Pocket Costs will appear on your Active Credit Card statement under the identifier “HEALTHCARE WATCHDOG 800-354-1327.” You agree that all Processing Fees and Out-of-Pocket Costs may be automatically applied to your Active Credit Card when incurred, and that you have the authority to authorize such billing. You acknowledge and agree that HealthcareWatchdog™ will not obtain additional authorization from you for each time Processing Fees and/or Out-of-Pocket Costs are charged to your Active Credit Card. Every time that you use the Services, you re-affirm that HealthcareWatchdog™ is authorized to charge your Active Credit Card for Processing Fees and/or Out-of-Pocket Costs.

(b) Valid Grievances. We will provide the Services only to Eligible Subscribers and only in such circumstances where such Eligible Subscribers have a Valid Grievance (as defined below) with their Insurer and/or Healthcare Provider. We will not provide Services, even to Eligible Subscribers, unless we determine in our sole and absolute discretion that the subscriber has a Valid Grievance. For purposes of this Agreement, a “Valid Grievance” is defined as a grievance that arises directly out of a circumstance or set of facts in which the Insurer is currently, wrongfully refusing to abide by the terms of the Plan or a Healthcare Provider is currently, wrongfully overcharging for Healthcare Services, each to be determined by us in our sole and absolute discretion. If we determine that a grievance is not a Valid Grievance, we have the right not to proceed any further with such grievance, other than to advise the Eligible Subscriber of our determination that he/she does not have a Valid Grievance. HOWEVER, OUR DETERMINATION THAT A SUBSCRIBER DOES NOT HAVE A VALID GRIEVANCE IS NOT INTENDED TO BE GIVEN OR TAKEN AS LEGAL ADVICE, NOR DOES IT NECESSARILY MEAN THAT THE INSURER IS PROPERLY REJECTING THE RELEVANT CLAIM. IT MERELY REFLECTS OUR OWN INTERNAL DETERMINATION AS TO VALIDITY. NOTHING CONTAINED HEREIN PRECLUDES THE SUBSCRIBER FROM PURSUING A RESOLUTION TO A GRIEVANCE ON HIS OR HER OWN BEHALF WITHOUT OUR ASSISTANCE OR SERVICES OFFERED IN CONNECTION WITH THAT PROCESS.

5. Billing Provisions.

(a) Upon submitting your application, your Active Credit Card will be billed the one (1) time activation fee of Twenty-four and 95/100 Dollars ($24.95) (“Activation Fee”). The charges for the Activation Fee will appear on your Active Credit Card statement through the identifier “HEALTHCARE WATCHDOG 800-354-1327.” The Activation Fee is non-refundable, other than the circumstance in which you cancel your subscription during the Rescission Period as defined in Section 10 below, time being of the essence with respect thereto. Different Activation Fees may apply to different subscribers including, but not necessarily limited to, differing Activation Fees offered as part of various promotions. We make no representation whatsoever that the current Activation Fee will remain in effect for any particular period of time. We reserve the right to change and/or waive the Activation Fee at any time, in our sole and absolute discretion; provided, however, that any modification to and/or waiver of the Activation Fee shall not apply retroactively, and any modification shall be posted to the Website.

(b) The monthly subscription rate is the amount paid per month by people and/or entities that accept this Agreement and subscribe to the Services (the “Monthly Subscription Rate”). The Monthly Subscription Rate is: (i) for individuals, Fourteen Dollars and Ninety-Five Cents ($14.95) (the “Individual Rate”); and (ii) for families, including all Eligible Family Members, Seventeen Dollars and Ninety-Five Cents ($17.95) (the “Family Rate”). For purposes of this Agreement, an “Eligible Family Member” is defined as a subscriber’s spouse, natural children and/or legally adopted children, provided in each case that such people reside in the same home as the Eligible Subscriber as their primary residence. The term, “Eligible Family Member” shall specifically exclude, for purposes of this Agreement, grandchildren, grandparents, aunts, uncles, nieces, nephews, cousins, common law spouses, natural parents, parents by way of legal adoption and all people not related by blood with the specific exceptions set forth above in this Section 5. Different Monthly Subscription Rates may apply to different subscribers including, but not necessarily limited to, different rates offered to individuals, families and corporations. We make no representation whatsoever that the current Monthly Subscription Rate will remain in effect for any particular period of time. We reserve the right to change our pricing and/or billing practices at any time, in our sole and absolute discretion; provided, however, that any amendment or modification to the pricing and/or billing practices shall not apply retroactively. We will provide you with notice of any such change to the Monthly Subscription Rate and/or pricing and/or billing practices by posting such change to the Website and, for changes that increase the Monthly Subscription Rate, by sending such notice to the e-mail address in your Account Information (defined below), and any such change to the Monthly Subscription Rate will apply to your then next due monthly payment. Should we elect to change the Monthly Subscription Rate, we have the right but not the obligation, in our sole and absolute discretion, to permit you, temporarily or permanently, to continue to pay your existing Monthly Subscription Rate despite such change; however, we do not waive any rights to thereafter increase the Monthly Subscription Rate applied to you. No change in the Monthly Subscription Rate shall relieve you of your obligations under this Agreement nor change any of the terms hereof, and you shall remain bound by the terms hereof for so long as you elect to remain a subscriber. Notwithstanding the foregoing sentence, should you elect not to accept an increased Monthly Subscription Rate, you shall have the right to cancel your subscription, and you will not be charged from the last day of the month for which you have made payment, forward, with the exception of any unpaid Processing Fees and/or Out-of-Pocket Costs, and you shall continue to be entitled to use the Services until the last day of the month for which you have made payment. This shall be your only recourse should you elect not to accept an increased Monthly Subscription Rate. Your failure to use the Website or Services does not constitute a basis for your refusal to pay any Fees due and owing.

(c) Where you have selected a Monthly Subscription Rate, on the date that you subscribe to HealthcareWatchdog™, your Active Credit Card will be billed at the applicable Monthly Subscription Rate for an entire calendar month, unapportioned, regardless of the date of the month on which you subscribe. On the first (1st) day of the calendar month following the date on which you subscribe to HealthcareWatchdog™, and each month thereafter that your subscription remains active, your Active Credit Card will be billed at the applicable Monthly Subscription Rate. The charges for the applicable Monthly Subscription Rate will appear on your Active Credit Card statement through the identifier “HEALTHCARE WATCHDOG 800-354-1327.” You agree that all Monthly Subscription Rate charges may be automatically applied to your Active Credit Card in advance on the first day of each month that your subscription remains active, and that you have the authority to authorize such billing. You acknowledge and agree that HealthcareWatchdog™ will not obtain additional authorization from you for each monthly installment of the Monthly Subscription Rate charged to your Active Credit Card. Every time that you use the Services, you re-affirm that HealthcareWatchdog™ is authorized to charge your Active Credit Card the applicable Monthly Subscription Rate; however, HealthcareWatchdog™ is authorized to charge your Active Credit Card the applicable Monthly Subscription Rate regardless of whether you use the Services in any given month, and your failure to use the Services does not constitute a basis for your refusal to pay any Fees due and owing.

(d) HealthcareWatchdog™ also offers an annual payment option, by which you may make a single, annual payment to subscribe to the Services (“the Annual Subscription Rate”). The current Annual Subscription Rate is: (i) for individuals, One Hundred Fifty-Nine Dollars and Ninety-Five Cents ($159.95) (the “Annual Individual Rate”); and (ii) for families, One Hundred Ninety-five Dollars and Ninety-Five Cents ($195.95) (the “Annual Family Rate”). Different Annual Subscription Rates may apply to different subscribers including, but not necessarily limited to, different rates offered to individuals, families and corporations. We make no representation whatsoever that the current Annual Subscription Rates will remain in effect for any particular period of time. We reserve the right to change our pricing and/or billing practices at any time, in our sole and absolute discretion; provided, however, that any modification to the pricing and/or billing practices shall not apply retroactively. We will provide you with notice of any such change to the Annual Subscription Rate and/or pricing and/or billing practices by posting such change to the Website and by sending such notice to the e-mail address in your Account Information (defined below), and any such change to the Annual Subscription Rates will apply to your then next due annual payment. Should we elect to change the Annual Subscription Rate, we have the right but not the obligation, in our sole and absolute discretion, to permit you, temporarily or permanently, to continue to pay your existing Annual Subscription Rate despite such change; however, we do not waive any rights to thereafter increase the Annual Subscription Rate applied to you. No change in the Annual Subscription Rate shall relieve you of your obligations under this Agreement nor change any of the terms hereof, and you shall remain bound by the terms hereof for so long as you elect to remain a subscriber. Notwithstanding the foregoing sentence, should you elect not to accept an increased Annual Subscription Rate, you shall have the right to cancel your subscription, and you will not be charged from the last day of the year for which you have made payment, forward, with the exception of any unpaid Processing Fees and/or Out-of-Pocket Costs, and you shall continue to be entitled to use the Services until the last day of the year for which you have made payment. This shall be your only recourse should you elect not to accept an increased Annual Subscription Rate. Your failure to use the Website or Services does not constitute a basis for your refusal to pay any Fees due and owing.

(e) Where you have selected an Annual Subscription Rate, thirty (30) days from the date that you submitted your application, and each year that your subscription remains active thereafter (on the anniversary date of the date on which you first submitted your application), your Active Credit Card will be billed at the applicable Annual Subscription Rate. The charges for the applicable Annual Subscription Rate will appear on your Active Credit Card bill through the identifier “HEALTHCARE WATCHDOG 800-354-1327.” You agree that all Annual Subscription Rate charges may be automatically applied to your Active Credit Card in advance on the first day of each year that your Account remains active, and that you have the authority to authorize such billing. You acknowledge and agree that HealthcareWatchdog™ will not obtain additional authorization from you for each yearly installment of the Annual Subscription Rate charged to your Active Credit Card. Every time that you use the Services, you re-affirm that HealthcareWatchdog™ is authorized to charge your Active Credit Card the applicable Annual Subscription Rate; however, HealthcareWatchdog™ is authorized to charge your Active Credit Card the applicable Annual Subscription Rate regardless of whether you use the Services in any given year, and your failure to use the Services does not constitute a basis for your refusal to pay any Fees due and owing.

(f) For purposes of this Agreement, the Processing Fees, Out-of-Pocket Costs, Activation Fee, Monthly Subscription Rate and Annual Subscription Rate shall be referred to collectively as the “Fees.” You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your use of the Services. All Fees are payable in United States currency. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one-half percent (1.5%) per month, compounded monthly, or the maximum rate permitted by law. Your subscription may be terminated, and access to the Website, as well as the Services denied, for non-payment of any Fees.

6. HealthcareWatchdog’s™ Right to Cancel Subscription. We reserve the right, at any time and for any reason or no reason whatsoever, and without liability to you or any third party, subject to applicable law, to cancel the subscription of any subscriber, in our sole and absolute discretion. Any such termination will be effective immediately. Should we exercise our right to terminate the subscription of any subscriber, our only obligation to the subscriber shall be to refund to the subscriber: (a) for subscribers making payment at the Monthly Subscription Rate, the immediately previous month’s payment at the then current Monthly Subscription Rate; or (b) for subscribers making payment at the Annual Subscription Rate, any amounts prepaid for the remainder of the year during which the subscriber will not have access to the Services, plus one-twelfth of the Annual Subscription Rate. For any subscriber whose subscription is terminated within said subscription’s first thirty (30) days, our only obligation to such subscriber shall be to refund to the subscriber the Activation Fee. We shall have the right to deduct from any refund any sums owed to us by the subscriber including, but not limited to, any unpaid Processing Fees and/or Out-of-Pocket Costs.

7. HealthcareWatchdog’s™ Right to Terminate Services. We reserve the right, at any time and for any reason or no reason whatsoever, and without liability to us or any third party to terminate the Services in their entirety in any particular state or states, or altogether, in our sole and absolute discretion, and should we exercise this right, our only obligation to the subscribers affected shall be to refund to affected subscribers the: (a) if terminated in the first thirty (30) days of the subscriber’s subscription, the Activation Fee; (b) for subscribers making payment at the Monthly Subscription Rate, the immediately previous month’s payment at the then current Monthly Subscription Rate; or (c) for subscribers making payment at the Annual Subscription Rate, any amounts prepaid for the remainder of the year during which the subscriber will not have access to the Services, plus one-twelfth of the Annual Subscription Rate. We shall have the right to deduct from any such refunds any sums owed to us by such subscribers including, but not limited to, any unpaid Processing Fees and/or Out-of-Pocket Costs.

8. Inapplicable Grievance. We do not offer Services for any grievances (even for grievances that otherwise qualify as Valid Grievances) that arise out of: (a) the provision of services by any type of healthcare provider prior to the date that a subscriber officially subscribes to the Services and/or makes good payment therefor; or (b) a claim filed with a subscriber’s Insurer prior to the date that a subscriber officially subscribes to the Service and/or makes good payment therefor. All of the aforementioned types of grievances are referred to as “Inapplicable Grievances” for purposes of this Agreement. For the sake of clarity and to avoid confusion, this means that, for example, if a subscriber that suffers from a chronic condition has received services from a healthcare provider for such condition and/or has filed a claim with his/her Insurer therefor, and subsequently subscribes to the Services, we will not offer any of the Services to assist with any dispute that arises therefrom. However, this does not prevent the subscriber from receiving our Services for future grievances that might arise from the same chronic condition, provided that: (A) the grievance is a Valid Grievance; (B) the subscriber is an Eligible Subscriber; and (C) the subscriber has subscribed to the Services and made good payment therefor prior to the date that such subscriber received services from the healthcare professional and prior to the date that such subscriber filed a claim therefor with his/her Insurer.

9. Eligibility & Subscriber Account. You must be a legal resident of the United States and at least eighteen (18) years old to subscribe to the Services. The Services are limited to one (1) individual account per person, and one (1) family account per family. Subscriptions to the Services are provided at our sole discretion, and we reserve the right, in our discretion, to deny a subscription, or to discontinue the Services, to anyone, for any or no reason whatsoever.

When you sign up for a subscription, you must provide us with your contact and payment information (collectively, “Account Information”). You agree to provide true, accurate, current and complete Account Information and to update it as necessary to maintain it in an up-to-date and accurate fashion. You agree not to impersonate any other person while using the Offerings.

We will verify and approve all requests for subscriptions in accordance with our standard verification procedures. If we approve you for a subscription, we will notify you within forty-eight (48) hours by a welcome e-mail sent to the address in your Account Information. The e-mail will contain complete operating instructions and customer service contact information. It will also include your temporary User ID and password (together, the “Login”). You will have the option to change your User ID after the first time you log into the Website. It is solely your responsibility to maintain the confidentiality of your Login, and you are responsible for all use of the Offerings accessed through it, including any and all Fees that may be incurred by and through your Login. You agree to immediately notify us of any unauthorized use of your Login or any other actual or suspected breach thereof.

10. Rescission Period. If you cancel your subscription to HealthcareWatchdog™ in the same calendar month as that in which you subscribed to HealthcareWatchdog™, as such date is displayed on your welcome e-mail (the “Rescission Period”), by calling us at 800-354-1327 or sending an e-mail to our support group at support@healthcarewatchdog.net, we will issue a refund to your Active Credit Card of the entire Monthly Subscription Rate charged for said calendar month, and your subscription with us will be nullified, effective immediately. If you do not cancel within the Rescission Period, you will be billed the Monthly Subscription Rate (or Annual Subscription Rate, as the case may be), and any and all other Fees, as provided for hereinabove, until such time that you cancel, or we terminate, your subscription. See below for how to cancel after the Rescission Period. Time is of the essence with respect to this Section 10.

11. Cancellation. You may cancel your Services subscription at any time. To do so, call us at 800-354-1327, or send an e-mail to our support group at support@healthcarewatchdog.net. If you cancel by phone, your cancellation will be effective immediately. If you cancel by e-mail, it will be effective within twenty-four (24) business hours. If you cancel, you will lose access to the Offerings.

PLEASE NOTE THAT, IF YOU CANCEL YOUR ACCOUNT, WE WILL NOT PROVIDE A REFUND OR CREDIT FOR THE ACTIVATION FEE, ANY PARTIAL MONTH MEMBERSHIP PERIOD (OR PARTIAL YEAR MEMBERSHIP PERIOD, FOR SUBSCRIBERS WHO PAY AN ANNUAL SUBSCRIPTION RATE). NOR WILL WE PROVIDE A REFUND OF ANY FEES PAID UP TO THE DATE OF CANCELLATION OR TERMINATION. ANY SERVICES THEN BEING PROVIDED WILL BE IMMEDIATELY DISCONTINUED.

12. Your Conduct. By using any of the Offerings, you agree not to: (1) impersonate any other person while using the Website or our Services; (2) use them for any unlawful purpose; (3) upload commercial content to the Website; or (4) use the Website to solicit others.

13. Use of Information Submitted. You agree that, subject to the terms of our Privacy Policy, we are free to use any comments, information or ideas contained in any communication that you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Offerings or any other products or services.

14. Copyright/License Grant. The entire content of the Website and/or Services including, but not limited to, text, graphics and code, is the property of Healthcare Watchdog, LLC. Copyright 2009, ALL RIGHTS RESERVED. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Offerings and all other material posted or made available by and through the Offerings in accordance with this Agreement. HealthcareWatchdog™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by HealthcareWatchdog™, as a Website user and/or subscriber to the Services, you may only use the Website and Services for your own personal use. No part of the Website including, but not limited to, the Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Services and/or any portion thereof. Systematic retrieval of the Services or other content from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HealthcareWatchdog™ is prohibited. You may not create any “derivative works” by altering any aspect of the Website and/or Services. You may not use the Website and/or Services in conjunction with any other third-party content. You may not exploit any aspect of the Website and/or Services for any commercial purposes not expressly permitted by HealthcareWatchdog™. HealthcareWatchdog™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure and/or Services. You further agree to indemnify and hold harmless HealthcareWatchdog™ for your failure to comply with this Section 14.

15. Trademarks/Proprietary Rights. All trademarks, service marks and trade names used on the Website or in connection with the Services are trademarks or registered trademarks, as applicable, of Healthcare Watchdog, LLC. These trademarks may not be used without our prior, express, written permission in each instance, such permission to be granted, withheld or denied in the sole and absolute discretion of HealthcareWatchdog™. The Website, Services and any and all other material posted or made available by and through the Website and/or Services including, but not limited to, the design, selection, arrangement and coordination of the Website and/or Services is owned or licensed by or to HealthcareWatchdog™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in this Agreement, no part of the Website and/or Services may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior express written consent of HealthcareWatchdog™. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to the Website and/or Services. The posting of information or material at the Website by HealthcareWatchdog™ does not constitute a waiver of any right in such information and materials. HealthcareWatchdog™ reserves all rights not expressly granted hereunder.

16. Warranty Disclaimer and Limitations on Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR THAT USE OF THE OFFERINGS WILL RESULT IN A SUCCESSFUL OUTCOME. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HEALTHCAREWATCHDOG™ MAKES NO WARRANTY THAT THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; (D) WILL RESULT IN A SUCCESSFUL OUTCOME WITH RESPECT TO ANY INSURER, VALID GRIEVANCE AND/OR VIOLATION; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HEALTHCAREWATCHDOG™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SERVICES AND/OR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHCAREWATCHDOG™, ANY MEMBER, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SERVICES AND/OR WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL HEALTHCAREWATCHDOG™, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITESERVICES, ANY PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH AND/OR THIS AGREEMENT, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ON ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR CONTENT PURCHASED OR OBTAINED BY AND THROUGH THE OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) ANY DISPUTE BETWEEN YOU AND ANY INSURER, THIRD PARTY OR ANY DISPUTE ASSOCIATED WITH ANY GRIEVANCE; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH MAY BE BROUGHT BY YOU OR HEALTHCAREWATCHDOG™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HEALTHCAREWATCHDOG™. ACCESS TO THE SITE, AND SERVICES, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. YOU HEREBY RELEASE HEALTHCAREWATCHDOG™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS HEALTHCAREWATCHDOG’S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, SUBJECT TO APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES RELATED TO THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICES OVER THE PRIOR SIX (6) MONTH PERIOD. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE FAILURE TO REALIZE ANY SPECIFIC OUTCOME WITH RESPECT TO ANY GRIEVANCE(S). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND ACCESS TO THE WEBSITE, SERVICES AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION THEREWITH WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

17. Indemnification. You agree to indemnify, defend and hold HealthcareWatchdog™, its members, managers, directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs (including appeals), arising, directly or indirectly, in whole or in part, out of: (a) your use of the Website, and/or Services; (b) your violation of this Agreement or the Privacy Policy; (c) your violation of any law or the rights of any third party; and/or (d) any dispute between you and any Insurer.

18. Electronic Notices. By using the Website and registering for the Services, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

19. Third-Party Links. The Website may link to websites operated by third parties. However, we have no control over these linked websites, all of which have their own terms of use and data collection practices. The inclusion of any link does not imply endorsement by HealthcareWatchdog™ of the applicable website or any association with that website’s operators. Because HealthcareWatchdog™ has no control over such websites and resources, you agree that HealthcareWatchdog™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. These linked websites are only for your convenience, and you access them at your own risk.

20. Governing Law. You agree that this Agreement or any claim, dispute or controversy between you and us arising from or relating hereto, or to the Website, Services and/or to our advertising material or any related information, shall be governed by the laws of the State of New York, without regard to conflicts of law principles.

21. Dispute Resolution Provisions. Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by any party hereto, the parties agree to first submit their disputes for mediation as set forth herein. The complaining party will, upon written notice, elect to have the matter referred to non-binding mediation before a single impartial mediator to be jointly agreed upon by the parties in New York City, New York (“Mediation”). The Mediation hearing will be attended by representatives of both parties possessing authority to resolve the disputed matter and will be conducted no more than thirty (30) days after the complaining party serves written notice of an intention to mediate to the other party, except by agreement of both parties to extend. If the disputed matter cannot be resolved by Mediation, the complaining party will submit its dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against HealthcareWatchdog™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys’ fees and court costs that HealthcareWatchdog™ incurs in seeking such relief, including costs of appeal. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

22. Electronic Signatures. Our authorization to provide and bill our Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Our reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

23. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

24. Contact Us. If you have any questions about this Agreement, please contact us at: support@HealthcareWatchdog.net or
Customer Service
Healthcare Watchdog, LLC
PO Box 190
Cross River, NY 10518
800-354-1327

25. Promotions. HealthcareWatchdog™ may occasionally offer promotions and/or other incentives to subscribe to the Services; however, we reserve the right, at any time and at our sole and absolute discretion, to modify or discontinue, temporarily or permanently, any such promotions and/or other incentives, with or without notice to you, and without liability to you or to any third party. Currently, when you subscribe to the Services and for every month thereafter that you remain an Eligible Subscriber, you become eligible to receive discounts on the purchase of certain prescription medications (the “Prescription Medication Discount”) in accordance with and subject to the terms and conditions of the third-party provider of such discounts, which terms and conditions you should review in detail, and which are accessible to you by Clicking Here, and which are incorporated by reference into this Agreement. Notwithstanding anything to the contrary herein, you expressly acknowledge and agree that the Prescription Medication Discount is being offered to you by a third-party provider and not by HealthcareWatchdog™, and that HealthcareWatchdog™ is merely providing access to you to the Prescription Medication Discount, and furthermore that HealthcareWatchdog™ shall not be liable in any way whatsoever for anything in any way related to the Prescription Medication Discount or any matter arising therefrom, directly or indirectly. You furthermore acknowledge and agree that the precise amount and/or dollar or other value of the Prescription Medication Discount in any particular circumstance will vary depending on several factors, including but not limited to the specific prescription medication you are seeking to purchase, and the terms of your health insurance plan. For a more detailed description of the Prescription Medication Discount, please visit:
http://www.pharmsavingscard.com/common/terms.html
.
[Last Updated: February 10, 2011]