Terms and Conditions



These Terms and Conditions of Use ("Agreement") is a legal agreement between you and Vextster, Inc. (hereinafter referred to as "Company"), the owner and developer of the Vextster Web site (the "Site"). By using the Site or registering for any service provided on the Site you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE OR REGISTER FOR ANY VEXTSTER SERVICE. The Terms are subject to change at any time.

YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.VEXTSTER.COM. COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

1. Limitations of Liability and Indemnification. By using any services provided by Company, you agree that in no event will Company, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Site and using any of the services available. Your sole remedy for any breach or default of this Agreement by Company shall be a return of any fees paid to Company for any services provided under this Agreement. You indemnify and agree to defend and hold harmless the Site, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Site, including any breach by you of the Terms contained in this Agreement.

2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions online by virtue of the services provided on the Site. You understand that Site and Company do not perform background checks on the individuals or companies who may use the Site services.

3. Reliance on Statements. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Site or Company. The Site and Company do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

4. Warning re: Offensive Information. It is possible that other Site clients will post or send obscene or offensive materials on the site. Company, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions.

5. Right to Monitor. Site and Company reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site.

6. Confidentiality. It is agreed that all personal information given to Site or Company, will be kept confidential.

7. Ownership, Copyrights, Trademarks, Licenses. Company owns and retains all proprietary rights to the Site, service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Site and Company. By posting information to Site and Company you represent that you have the right to grant permission for use by Site and Company. Heartbeat, Patient Portal, Vextstream, et al, are the trademarks or registered trademarks of the respective companies or organizations. Other company or organization names appearing herein are the trademarks of the respective companies or organizations. Vextster® and the parrot head logo are registered trademarks of Vextster, Inc.

8. No Warranties. USE OF THE SITE AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SITE AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. COMPANY MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.

9. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively in Palm Beach County, Florida, and you hereby consent to the jurisdiction of such courts. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

10. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

11. Certification. You certify that your answers to any registration materials on Site will be truthful. In accessing and using the Site, your name, address and e-mail address are kept confidential.

12. Entire Agreement. This Agreement constitutes your entire Agreement with Company.

13. Waiver. The failure of Site or Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Site or Company must be in writing and signed by an authorized representative of the Company.

You further understand and agree that clicking or pressing on the "I agree" is the electronic equivalent of a written signature on this document.