AGREEMENT COVERING USE OF THIS SITE - Thyroid Disease Manager

October 1, 2009

This site is owned and operated by ENDOCRINE EDUCATION, INC. By entering this site you acknowledge and agree to all terms and conditions stated herein. If you do not agree to these terms, do not use this site. These Terms may be updated by ENDOCRINE EDUCATION, INC. in the future without notice to you. The most current version is always posted on this website.

1. USE OF WEBSITE Use of this Website is solely at your own risk The material contained is provided on an “as is” and “as available” basis. ENDOCRINE EDUCATION, INC. expressly disclaims all warranties of any kind, whether expressed or implied including implied warranties of merchantability, fitness for a particular purpose and non-infringement. ENDOCRINE EDUCATION, INC. makes no warranty that the service will meet your requirements, or will be uninterrupted, timely, or secure. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the service is to cease to use this Website. THYROID DISEASE MANAGER has been developed by MDTEXT.COM, INC to provide endocrinologists with information needed in caring for their patients. Every effort has been made to provide complete, reliable, accurate. up-to-date information, but the possibility exists that the Site includes inaccuracies or errors. Unauthorized additions, deletions, and alterations, could be made to the site by other parties. While ENDOCRINE EDUCATION, INC. makes every effort to ensure the integrity of the Site, we can not guarantee its completeness, or accuracy. If an error is discovered, please inform ENDOCRINE EDUCATION, INC. so that it can be corrected. In some instances, the content available represents the opinions and judgments of an individual author. ENDOCRINE EDUCATION, INC. will not be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content. By entering this site you acknowledge and agree that this site is intended for viewing within the United States only and will only be reviewed and evaluated according to United States law. MDTEXT.COM, INC. makes no representations that the materials contained within this site are appropriate for locations outside the United States. If you use this site from any other location you are responsible for compliance with any and all applicable local laws. With regard to any and all information contained herein, including but not limited to information regarding products and services, such information applies only to those goods or services provided or offered within the United States.

2. LIMITATION OF LIABILITY The information contained in the Service is for information purposes only and You, the user, assume full responsibility and all risk for the appropriate use of the medical information contained in the website. Nothing contained in the website is intended to be for medical diagnosis or treatment of a specific individual or in lieu of consulting with a physician for medical diagnosis and/or treatment. ENDOCRINE EDUCATION, INC. does not practice medicine or dispense medical services and therefore assumes no liability whatsoever of any kind for results of using the information and data contained in the site or for any diagnosis or treatment made in reliance thereon. ENDOCRINE EDUCATION, INC. is not intended as a substitute for the professional judgment of a physician. Individual doctors must make their own independent determinations prior to authorizing a course of treatment or prescribing any drugs. THYROID DISEASE MANAGER is also available to non-physicians. If used by non-physicians, it is not a substitute for medical examination and testing or for the advice of a doctor: A person's individual doctor must determine what is safe and effective for each individual person or patient. Neither ENDOCRINE EDUCATION, INC. nor any of its affiliates, shall be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering any information through the website, or any other information which is referenced by or linked to the website. In no event will ENDOCRINE EDUCATION, INC. or its affiliates be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, (even if ENDOCRINE EDUCATION, INC. has been advised of the possibility of such damages), resulting from the use or inability to use the website, statements or conduct of any third party provided or received as a result of use of the website, any link provided in connection with the website, or any matter otherwise related to your use of the website. You agree that the liability of ENDOCRINE EDUCATION, INC. and its affiliates, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the website or the information in the website, or any other information which is referenced by or linked to the website, shall not exceed the amount you paid to ENDOCRINE EDUCATION, INC. for use of the site.

3. CONDUCT WHEN USING THE SITE You are responsible to respect third party rights with respect to all content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party’s rights. You agree not to use the web site for any purpose or in any manner that violates any local, state, or federal law or regulation, or the law or regulation of any foreign government, not to directly or indirectly intentionally disrupt or interfere with the website in any manner that may materially adversely affect ENDOCRINE EDUCATION, INC. or any user, and not to upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

4. LINKS The Service may provide, or third parties may provide, links to other World Wide Web Sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by ENDOCRINE EDUCATION, INC. with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site. ENDOCRINE EDUCATION, INC. is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. ENDOCRINE EDUCATION, INC. makes no representations or warranties with respect to any linked site. Your use of any linked site is solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

5. INDEMNITY You agree to defend, indemnify and hold ENDOCRINE EDUCATION, INC., its officers, directors, employees and agents, harmless from and against any third party claim, action or Claim and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of the content in a manner that violates these Terms and Conditions. ENDOCRINE EDUCATION, INC. shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.

6. RELATIONSHIPS WITH ADVERTISERS We do not have advertising on this site.

7. TRADEMARK AND COPYRIGHT INFORMATION ENDOCRINE EDUCATION, INC., THYROID DISEASE MANAGER, AND THYROIDMANAGER are trademarks of ENDOCRINE EDUCATION, INC. The information available through the website is the property of ENDOCRINE EDUCATION, INC. and is protected by copyright. Information received through the site may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through the website to anyone without permission from ENDOCRINE EDUCATION, INC. Any copy made of information obtained through the site must include the copyright notice.

8.JURISDICTION AND VENUE You and ENDOCRINE EDUCATION, INC. and any of its affiliates, employees, contractors, officers, or directors agree that this agreement and the relationship between you and ENDOCRINE EDUCATION, INC. will be governed by the laws of the State of Massachusetts.

9. MISCELLANEOUS These Terms and Conditions constitute the entire agreement between you and ENDOCRINE EDUCATION, INC. and govern your use of the site. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the site. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of ENDOCRINE EDUCATION, INC. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site or these Terms and Conditions must be filed within one year after such claim or cause of action arose.