Terms & Conditions

TELEPHONIC SERVICES END USER AGREEMENT

SYSTEM TERMS OF USE

Please read this agreement and web site privacy policy carefully before using registering as a member of this site or using any tool or service this site provides. This site is owned and operated by MedTech Solutions, Inc., a California-based corporation doing business as Ringadoc.com. Your use of this site, becoming a member of this site, or using any tool or service this site provides, or by placing or accepting a phone call from a provided health care professional, is conditioned upon your acceptance of the terms and conditions in the agreement set forth below. Please read the agreement and, if you agree to the terms and conditions, indicate your acceptance by checking the "agree" box on the registration page. Your access to and use of the site constitutes your agreement to be bound by these terms of use. If you do not agree to these terms and conditions, do not use this site or any service provided by MedTech Solutions, Inc. Physician services are provided through the cooperation of Global Medical Networks, P.C.

Welcome to the Ringadoc.com website, which is owned and operated by MedTech Solutions, Inc. ("We/Us"). Please print and keep a copy of this Agreement. We reserve the right to change or modify the terms and conditions of this Agreement. When the terms are changed, we will notify you by e-mail or telephonic postings and give you an opportunity to agree to such changed terms or terminate your use of our services. The most current version of this Agreement can be accessed at any time by selecting the Terms of Use link on the bottom of any page of our website. The last date on which this Agreement was updated will appear at the bottom of the Agreement.

IMPORTANT INFORMATION ABOUT YOUR USE OF OUR SERVICES

Our direct medical related services are telephonic in nature. This means you will be given access by telephone to a licensed health care provider. No in person meeting between you and the licensed health care provider will take place. Our website is for your enrollment and account management only. No medical care of any nature shall be provided directly to you from our website.

Do not use this site or our telephonic services for emergency medical needs. If you experience a medical emergency, call 911 immediately. Your interactions with providers ("Providers") are not intended to take the place of in person appointments with your regular health care or medical service provider, including your personal physician or other licensed health care professional. Consult with your regular licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed health care provider, avoid obtaining or delay obtaining medical advice from your regular health care or service provider because of information provided through Telephonic Services or professional advice provided by the Providers or change or alter any medical routine, treatment, therapy or procedure as instructed or advised by your regular health care provider based on your consultation with a Ringadoc physician without first consulting with your regular licensed health care provider.

MedTech Solutions, Inc. and Ringadoc are not providers of health care services and will take no part in your medical diagnosis and/or treatment. Neither we nor any of our licensors or suppliers shall be liable for any professional advice obtained from a health care professional you speak to on the telephone as provided by our service nor for any information obtained on our site. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers we provide or information provided by our health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

Services provided via Ringadoc telephonic care are direct to consumer, self-pay services and are not related to or part of any health benefit plan or coverage. You are solely responsible for all fees for the services provided via Ringadoc telephonic care. No deductible, co-pay or co-insurance or similar coverage expenses or benefits apply. You are solely responsible for all charges incurred by using our service, including your telephonic consultations with provided health care professionals. You are not liable for any charges beyond those specifically set forth and charged for the services you are accessing through this service and pursuant to these Terms of Use.

Because Ringadoc is currently a direct-to-consumer service, providers are prohibited from charging any additional fees or amounts to an existing patient's health plan program, Medicare or Medicaid program to those related services whether or not covered under the patient's health plan, the Medicare program or a state Medicaid program. In short: Ringadoc cannot bill your health plan, Medicare or Medicaid programs or any third party benefits program such as insurance for services rendered to you by Ringadoc.

GLOBAL MEDICAL NETWORKS PROVIDERS

Providers in our telephonic consultation service are eligible to participate in the Telephonic Services because they participate have been provide by Global Medical Networks as approved health care providers. As participants in Ringadoc network, they have been fully credentialed by Global Medical Networks or one of its affiliates. Providers are independent contractors and not employees or agents of Global Medical Networks or any of their affiliates. Global Medical Networks does not make any additional representations or warranties about any medical service provider's individual training, education, professional background or skill. You will be provided with a list of Providers based solely on the information that you provide through the website, e.g. symptoms, specific medical area of inquiry, or a physician's denoted medical specialty. You are ultimately responsible for choosing the particular Provider; Global Medical Networks will not select a specific Provider for you.

CHARGES

The consumer fee you will be charged covers 1) the time spent with the Provider and 2) use of the telephonic consultation service provided to you. You acknowledge and agree that any telephonic consultation provided to you may not be covered services under your benefit plan, the Medicare program or a state Medicaid program. You acknowledge and agree that neither the provided health care professional nor we will file any claims with your insurance benefit plan, the Medicare program, a state Medicaid program and any other third party medical benefits program and the services you receive from Ringadoc may not be eligible for reimbursement under such plans.

SYSTEM CONDITIONS

I am entering into a physician/patient relationship with the physicians of Global Medical Networks, Professional Corporation by releasing my medical history and/or providing details of my medical history, personal medical questions, and physical status (collectively referred to herein as "Medical History") to a Global Medical Networks licensed medical professional.
I understand that my medical history is entered into the Ringadoc database and that all reasonable measures have been and will be taken to protect the confidentiality of this medical and personal information - in accordance with HIPAA standards. I know that no computer or phone system is completely 100% secure. Ringadoc understands your rights to reasonable privacy in accordance with HIPAA standards and state laws and in accordance with our Privacy Policy, will not release information to anyone without your written authorization or as required by law, or in accordance with your health insurer's privacy policy if applicable, or as otherwise disclosed via our Privacy Policy.
I understand my medical history will be made available to each physician before a telephone consultation. Additional medical information may be provided by you to your consulting physician during the course of the consultation you receive
I understand there is no guarantee the physician will prescribe medication at all, or any particular medication, treatment or therapy and that all physicians operate in a professional manner subject to and/or as required by relevant state regulations, laws and codes, and as established by medical ethics requirements.
I understand Ringadoc physicians do not prescribe DEA-controlled substances under any circumstances. All pain management medication must be obtained outside of the Ringadoc system by a third party physician. However, should you be currently taking DEA-controlled substances or receiving pain management treatment, you must disclose that to the consulting Ringadoc consulting physician.
I acknowledge I do have a primary care physician and Ringadoc is not providing a replacement for my primary care physician.
I agree to designate a physician from Global Medical Networks, Professional Corporation as my alternate physician when my primary care physician is unavailable.
I understand all Ringadoc physicians reserve the right to deny care for potential misuse of services or as otherwise required by law or reasonable medical ethics concerns.

If you agree to these conditions, indicate your acceptance by clicking the "agree" button at the end of the agreement.

PRIVACY OF YOUR PERSONAL INFORMATION

NOTICE OF PRIVACY PRACTICES FOR RINGADOC

Please review the following information carefully. This describes how the medical information about you may be used and disclosed. It will explain how you can access this information. If you have any questions please call us at 888-474-6423.

Ringadoc understands the importance of maintaining the privacy of your personal and medical information. Your protected health information ("PHI") is any information that can be used to identify you (name, social security number, or address). In addition, the PHI will relate to (a) your past physical or mental health conditions, (b) your current physical or mental health conditions, (c) your future physical or mental health conditions, (d) the type of care you have received in the past, present, and future, (e) your ability to pay for medical services rendered. Ringadoc will receive, create, and maintain your PHI with your input either by using the online web portal located at www.Ringadoc.com or calling into 888-474-6423. Ringadoc is required by law to maintain the privacy of your PHI as well as to provide you with notification of its legal duties and privacy practices when dealing with your PHI.

INTRODUCTION

Ringadoc is a software platform that allows consumers to collect with physicians via the telephone in real-time. Ringadoc is not licensed to perform medical services and therefore manages the providers of Global Medical Networks, Professional Corporation to provide medical treatment to consumers.

REQUESTED INFORMATION

When registering for Ringadoc you will be asked of information such as name, email address, and phone number. Along with a PIN number and password, this information will be used to establish your PHI account and to allow for proper management of your account by us. This information is also important in utilizing this service as it must be provided in order to connect to a doctor via telephone. During the time of a call, information regarding your current medication condition and/or concerns will be requested and noted to our file.

HOW THIS INFORMATION WILL BE USED

Below lists how your PHI may be used in accordance with the services provided by Ringadoc. This list is all inclusive, but does not mean your PHI will be used for everything listed.

Treatment: The information contained in your PHI will help the physician you speak to provide you with adequate medical advice. Additionally, Ringadoc may share this information with other physicians, health care providers, or other Ringadoc employees for the purposes of quality assurance, consultation feedback, and the provision of follow-up treatment.
Payment: Your PHI is necessary for Ringadoc to provide payment to your consulting physician. Healthcare operations: Ringadoc may use your PHI for operational purposes to review services and provide quality treatment. This information may be shared with other healthcare professionals as may be reasonably required by Ringadoc.
Business purposes: Outside businesses may contact with Ringadoc to provide external services to you upon your request. PHI may be shared with them, but these associates are required to enter into a contract with Ringadoc that ensures the confidentiality of your PHI.
Authorization to release: Ringadoc can use and disclose your PHI with written authorization; to the extent such use is consistent with the authorization and your request for services. This authorization can be revoked at any time.
If required by law: Your PHI could be disclosed to the extent required by law.

HOW THIS INFORMATION WILL BE USED - SPECIAL CIRCUMSTANCES

Below lists how your PHI will be used in special circumstances. This list is all inclusive, but does not mean your PHI will be used for everything listed.

Worker's Compensation: Ringadoc may disclose PHI for worker's compensation or other benefits related programs like it. This may be done to the extent required by law and as reasonably required by the benefits program and pursuant to any release documents required by law or generally accepted industry procedure.
Research: Ringadoc may use PHI in accordance with telemedicine and ehealth initiatives. This could be research on quality and effectiveness of treatment. This is done in the aggregate and does not release personally identifiable information about you.
Public Health: Ringadoc may share PHI for public health reasons, as may be required by law, these include:
- Reporting to governmental authorities for preventing and controlling disease
- Child abuse or neglect
- Domestic violence if required by law
- Reporting to the FDA regarding reactions to medicines or health problems with products
- Exposure to a communicable disease as may be required by law
Health Oversight Activities: Ringadoc may share PHI with government agencies that oversee health care. These activities include: investigations, audits, inspections and licensure surveys, as reasonably requested or mandated by law. The government uses these activities to monitor the health care system. We may share PHI with government registries as reasonably required by law.
Law Enforcement: Ringadoc may disclose your PHI to a law enforcement official. This would be for purposes of identifying or locating a suspect, fugitive, material witness or missing person if we are court ordered to do so pursuant to subpoena. Subpoenas are reported to you at your last known address if they affect your personal records.
Judicial and Administrative Proceedings: Ringadoc may disclose your PHI, in certain circumstances, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request. However, before making any such disclosures, Ringadoc will make an effort to inform you of the order, subpoena or request, or will obtain an order to protect the confidentiality of the requested information by sending notice to your last known address.
Organ Procurement: Ringadoc may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation if so requested by you prior to your death or as may be mandated by law.
Decedents: Ringadoc may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents, as required by law.
Threat to Health or Safety: Ringadoc may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public as required by law.
Specialized Government Functions: Ringadoc, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits as may be required by law. Ringadoc may also disclose PHI to federal officials for intelligence and national security purposes as may be required by law, court order, or executive order.

YOUR RIGHTS REGARDING THE PHI:

Ringadoc provides you with the following rights regarding your PHI:

Confidential Communication. You have access to your PHI through our web portal located at www.Ringadoc.com. You have the right to receive confidential communications of your PHI. You may request that Ringadoc communicate with you through alternate means or at an alternate location, and Ringadoc will accommodate your reasonable requests. You must submit your request in writing to Ringadoc.
Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or health care operations if allowed by law. You also have the right to request that Ringadoc restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Ringadoc. Ringadoc is not required to comply with your request. However, if Ringadoc agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency.
Amendment. You have a right to request that Ringadoc amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Ringadoc. You must submit your request in writing to Ringadoc and provide a reason to support the requested amendment. Ringadoc may, under certain circumstances, deny your request by sending you a written notice of denial. If Ringadoc denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
Accounting of Disclosures. You have a right to receive an accounting of all disclosures Ringadoc has made of your PHI. However, that right does not include disclosures made for treatment, payment or health care operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to Ringadoc and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Ringadoc may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Ringadoc will inform you of such costs in advance, so that you may withdraw or modify your request to save costs.
Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to Ringadoc. Ringadoc may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Ringadoc may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Ringadoc will inform you of the reason for the denial, and you may request a review of the denial.
Paper Copy. You have the right to obtain a paper copy of this Notice from Ringadoc at any time upon request. To obtain a paper copy of this notice, please contact Ringadoc by calling 1.888.474.6423.
Complaint. You may complain to Ringadoc and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with Ringadoc, you must submit a statement in writing to Ringadoc: Attn: Security Officer, 9454 Wilshire Blvd, Suite 525, Beverly Hills, Ca 90212. Ringadoc will not retaliate against you for filing a complaint.
Further Information. If you would like more information about your privacy rights, please contact Ringadoc by calling 1.800.RINGADOC and ask to speak to the Privacy and Security Officer. To the extent you are required to send a written request to Ringadoc to exercise any right described in this Notice, you must submit your request to Ringadoc at: Attn: Security Officer, 9454 Wilshire Blvd, Suite 525, Beverly Hills, Ca 90212. Ringadoc will not retaliate against you for filing a complaint.

VIOLATION OF THIS AGREEMENT

You acknowledge that your access to your administration page and any of our tools and services shall be, in our sole discretion, immediately suspended or revoked, and this Agreement shall be terminated if you violate any material provision of this Agreement. You acknowledge and agree that a violation of this Agreement by you will result in irreparable injury that will entitle us to obtain any and all remedies and relief available by law, including without limitation obtain a court order prohibiting you from using any service that we provide.

ACCEPTABLE USE

You agree not to access or use any service we provide, or your telephonic consultation with any health care professional proved to you in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement. You shall not post or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use any of our tools and services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.

OPERATION AND RECORD RETENTION

We reserves complete and sole discretion with respect to the operation of our website or services. We may, among other things withdraw, modify, suspend or discontinue any functionality or feature of our website or services at any time without notice. We are not responsible for maintaining data arising from use of any service that we provide. We reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the to our database or otherwise provided to us pursuant to our internal record retention and/or destruction policies as long as such is not prohibited by law.

LINKS

Areas of the Ringadoc website may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any medical or other information contained therein. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.

INTELLECTUAL PROPERTY

All of the content available on or through our Ringadoc website is the property of MedTech Solutions, Inc., or their licensors and is protected by copyright, trademark, patent, trade secret, trade dress and other intellectual property law. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Ringadoc or MedTech Solutions, Inc. owned or licensed content of any nature to anyone. Any copy made of information obtained via the Ringadoc website must include the copyright notice. All software and accompanying documentation made available for download from our Ringadoc website is the copyrighted work of MedTech Solutions, Inc., or their licensors.

All MedTech Solutions, Inc. trade and service names, including, but not limited to Ringadoc are trademarks of MedTech Solutions, Inc.. All trade and service names, including, but not limited to "Ringadoc" are trademarks of MedTech Solutions, Inc. or other owners. All other brands and names are the property of their respective owners. Nothing contained in our Ringadoc website should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of us or such third-party that may own the trademark.

Subject to this User Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive personal and non-commercial license to use the software, network facilities, content and documentation provided via our website to the extent, and only to the extent, necessary to access and use our services in accordance with the terms of this User Agreement.

The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the of our services or intellectual property or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of our services or intellectual property or (b) transfer, assign, distribute, sell, lease, rent, disclose or provide access to our services to any third party or use our services to provide service bureau, time sharing or other services to third parties.

LEGAL NOTICES

DISCLAIMERS

Access to the telephonic services and the information contained therein is provided "as is," "where is," and "as available" without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, MedTech Solutions, Inc. disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, and fitness for a particular purpose or non-infringement. Ringadoc.com and the tools and services required to consult with a health care professional or review your telephonic records and related personal information may not be available 100% of the time.

Without limiting the foregoing, MedTech Solutions, Inc. does not warrant that access to the telephonic services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does Ringadoc or MedTech Solutions, Inc. Make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the telephonic services or any of the information contained therein. You expressly agree that your use of our services and your reliance upon any of its contents is at your sole risk.

You shall be solely and fully responsible for any damage to MedTech solutions and our Ringadoc website or our computer system, systems belonging to our users, any loss of data, or any improper use or disclosure of information on our website caused by you or any person using your login code or password. MedTech Solutions, Inc. cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of advice, ideas, information, instructions or guidelines accessed through our website or services provided.

LIMITATIONS OF LIABILITY

In the event of any problem with our website or any service provided or any content we provide to you, you agree that your sole remedy is to cease using our website and related services. Under no circumstances shall MedTech Solutions, Inc., or any of our licensors or suppliers be liable in any way for your use of any service or content we provide including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content or service provided.

Under no circumstances shall MedTech Solutions, Inc. or its licensors or suppliers or providers be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of any services or content, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.

You hereby release MedTech Solutions, Inc. and hold its licensors and suppliers and providers harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of any services provided. You waive the provisions of any state or local law limiting or prohibiting a general release.

TERMINATION

You or MedTech Solutions, Inc. may suspend or terminate your access to the Telephonic Services at any time, for any reason or for no reason at all. MedTech Solutions, Inc. has the right (but not the obligation) to refuse to provide access to the Telephonic Services to any person, agency or organization, or to prohibit any person, agency or organization from using the Telephonic Services, at any time, for any reason or for no reason at all, in our sole discretion. MedTech Solutions, Inc. reserves the right to change, suspend, or discontinue all or part of the services provided, temporarily or permanently, without prior notice.

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of our services, you agree to indemnify, hold harmless, and defend MedTech Solutions, Inc. and its licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of our services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

ELECTRONIC CONTRACTING AND NOTICES

Your assent to the terms of this Agreement by clicking the "AGREE" button below constitutes your electronic signature to this Agreement. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, "Notices"). We can send you electronic Notices: (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable service or otherwise through the site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices.

JURISDICTION/ARBITRATION

This Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys' fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. In the event that amount in controversy is Seven Thousand Dollars, Five Hundred Dollars ($7,500.00), OR THE HIGHEST JURISDIICTIONAL DOLLAR AMOUNT ALLOWED BY LAW WITHIN SMALL CLAIMS COURT, the matter may be settled in the Small Claims Court division of the Los Angeles Superior Court without any obligation to submit the cause of action to mandatory, binding arbitration as set forth herein.

MISCELLANEOUS

This Agreement constitutes the sole agreement between you and MedTech Solutions, Inc. relating to your use and our provision of the Telephonic Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or MedTech Solutions, Inc.. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by MedTech Solutions, Inc. any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties. In the event of any conflict between the terms of this Agreement or any applicable state or federal laws, statutes and regulations relating to the subject matter hereof, the terms, shall first be read together to the extent possible; otherwise the terms that afford the greater protections to the intent of the provision shall prevail over the conflicting term and in accordance with applicable state or federal laws, statutes and regulations.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Agreement last updated on 11/21/2011.