Legal Agreement

A "Member" shall be entitled solely to those privileges explicitly set forth in this Agreement, in consideration for acceptance of this Agreement.

Terms

This Membership Agreement is effective upon receipt and acceptance of a Member Application Form by MEDICAL EQUIPMENT FINDERS INC. ("MEDICAL EQUIPMENT FINDERS") and shall continue until either party terminates the Agreement. You may terminate your subscription to the Services for any reason, or no reason at all, upon a thirty (30) day written notice to MEDICAL EQUIPMENT FINDERS, provided however that subscription fees will not be refundable if you cancel your subscription prior to its term. Members agree that Medical Equipment Finders, in its sole discretion, shall have the right to suspend or terminate Member's access to Medical Equipment Finders Website at any time for any breach of this Agreement or for any other agreement to which Medical Equipment Finders and member are parties, and that MEDICAL EQUIPMENT FINDERS shall not be obligated to disclose the specifics of such breach to Member. Suspension or termination of Member's access to Medical Equipment Finders Website is sufficient notice of suspension or termination of this Agreement.

Access Agreement

This Agreement is not a transfer or a license of any of Medical Equipment Finders rights. By accessing Medical Equipment Finders Website, Member expressly acknowledges acceptance of the terms of this Agreement. Member agrees that MEDICAL EQUIPMENT FINDERS has the right to deny any individual access to its Website. Unauthorized access to Medical Equipment Finders Website is expressly forbidden. Medical Equipment Finders Website is protected under Copyright Laws. Any reproduction or distribution of this Website information, by, for, or to any third party, is expressly forbidden.

Confidential Disclosure

Member understands and agrees that information disclosed through Medical Equipment Finders Website includes trade secrets and proprietary information belonging to Medical Equipment Finders. Members agree not to copy or disclose to a third party, in whole or in part, any portion of the information and the software. Member also agrees that all Usernames and Passwords supplied to the Member are non-transferable and may only be used by parties registered under those Usernames and Passwords. The provisions of this Confidential Disclosure section shall survive the termination of this Agreement.

Disclaimer

MEDICAL EQUIPMENT FINDERS assumes no liability for losses incurred in the use or application of the software or the data contained therein. MEDICAL EQUIPMENT FINDERS shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, arising out of the sale, service, furnishing performance or use of any information, data or materials sold or provided under this Agreement. The provisions of this Disclaimer section shall survive the termination of this Agreement.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or to any other agreement between MEDICAL EQUIPMENT FINDERS and Member shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having competent jurisdiction. Either Member or MEDICAL EQUIPMENT FINDERS may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego County, California, as necessary to protect the rights or property of Member or MEDICAL EQUIPMENT FINDERS pending the completion of the arbitration.

General Provisions

The failure of a party to insist upon the performance of any provision of this Agreement or to exercise any right or privilege granted that party shall not be construed as waiving any such provision and the same shall continue in force. This Agreement shall be binding upon and inure solely to the benefit of each of the parties, and no other persons or entities shall be beneficiaries hereunder or have any rights to enforce any part of this Agreement. If any provision of this Agreement is found to be void, the remainder of this Agreement shall survive and remain in full force and shall not thereby be terminated. This Agreement is entered into at San Diego, California and shall be governed by laws of the State of California governing agreements to be performed in California by California residents, excluding the choice-of-law rules of said State of California. All parties consent to personal jurisdiction and venue in San Diego County, California. An electronically sent agreement shall be as valid as a written agreement. The parties agree that this Agreement shall be written in English only. Times and dates shall be determined in accordance with Pacific Daylight Time or Pacific Standard Time, whichever is in effect in San Diego, California, at the relevant time. Expressions of monetary amounts shall be understood to be in United States dollars, unless explicitly stated to be otherwise. This Agreement supersedes any oral representations by any person and does not incorporate by reference any such oral representations. Except as otherwise explicitly provided, notice shall be in writing or shall be electronically sent. Notice sent by e-mail shall be presumed to have been received within 24 hours after sending. Notice sent by the U.S. Postal Service to an address in the United States shall be presumed to have been received within seven calendar days after sending. Notice received at an incorrect e-mail or postal address shall be considered to have been received if the error in the address is the fault of the intended recipient.