LIFENEXUS TERMS AND CONDITIONS OF USE

LifeNexus, Inc. (“LifeNexus”) is the provider of your LifeNexus Personal Health Card® (the "Card"). Please read these Terms and Conditions of Use ("Terms") carefully. To activate your LifeNexus Personal Health Card®, you must accept these Terms.

1. YOUR RESPONSIBILITIES You are responsible for obtaining and maintaining all computer hardware and other equipment needed to access information on and use the Card and all charges related thereto. You agree to follow any operating rules or policies that LifeNexus may periodically post on its Website at www.lifenexus.com or otherwise make available to you. You agree not to use the Card to: (a) violate any local, state, national or international law; (b) collect or store personal data about other you; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; and (d) interfere with or disrupt the Card or servers or networks connected to the Card, or disobey any requirements, procedures, policies or regulations of networks connected to the Card.

2. MODIFICATIONS TO TERMS LifeNexus may change these Terms periodically. LifeNexus will notify you of any such changes via e-mail and/or by posting the changes at www.lifenexus.com. If you object to any such changes, your sole recourse will be to stop using the Card. Continued use of the Card following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

3. MODIFICATIONS TO CARD LifeNexus reserves the right to modify or discontinue the Card with or without notice to you. LifeNexus WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD LIFENEXUS EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE CARD. If you object to any such changes, your sole recourse will be to cease using the Card (if it is still available). Continued use of the Card following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Card as so modified.

4. YOUR PASSWORD AND SECURITY You are responsible for maintaining the confidentiality of your Card's password, and you are solely responsible for all activities that occur through the use of your password. LifeNexus will not collect or have access to your password and will have no capability of confirming your password should you forget it or lose access to it. LifeNexus recommends that you memorize your password, store it on your computer but not write it down. You agree to immediately notify LifeNexus of any unauthorized use of your password, whether it is lost or stolen, or of any other breach of security related to the Card. LIFENEXUS CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

5. PRIVACY LifeNexus is committed to protecting your privacy and ensuring the confidentiality of all personal information collected from you. LifeNexus will not collect or have access to any data or information you store on the Card. LifeNexus will not disclose any of your personal data (e.g., your name) in a manner that reasonably identifies you; provided that, your data shall not be construed to reasonably identify you if it is aggregated in a non-associated way, without attribution of any kind to you, with data from multiple users. By accepting the Card, you authorize access to the data stored on the Card to any and all health care providers treating or attempting to treat you when you are not capable of accessing or providing access to data on the Card. Such health care provider access will be limited and controlled by federal, state and local privacy laws, including but not limited to the Health Information Portability and Accountability Act ("HIPAA"). Information you load on the Card is not intended to reside exclusively on the Card. It is intended that such information will also reside in the medical files your health care providers. If your Card does not function for any reason, you agree to rely on the traditional procedures determined by your health provider for transferring and storing your health information. The information you or your health care providers load on the Card is your sole responsibility, and any treatment and related outcome that use such information is the sole responsibility of you and your health care providers.

6. ELECTRONIC SIGNATURES AND RECORDS. Your electronic expression of assent to these Terms constitutes a legally binding signature. Any records associated with your assent to these Terms may be stored in electronic form. You may withdraw your consent by notifying LifeNexus in writing at 370 Interlocken Blvd., Fourth Floor, Broomfield, CO 80021 of your desire to do so. Should you so elect, however, your Card will be deactivated the next time you present it to a health care provider, such as a physician, hospital, pharmacy or ambulance company.

7. DEALINGS WITH PARTNERS AND ADVERTISERS Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from LifeNexus partners, advertisers or sponsors found on or through the Card, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partners, advertisers and/or sponsors. YOU AGREE THAT LIFENEXUS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON THE CARD.

8. TERMINATION You agree that LifeNexus may deactivate your Card without prior notice. YOU AGREE THAT LIFENEXUS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DEACTIVATION OF YOUR CARD. You may discontinue your use of the Card at any time.

9. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE CARD IS AT YOUR SOLE RISK. THE CARD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIFENEXUS 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 USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE CARD. LIFENEXUS MAKES NO WARRANTY THAT THE CARD WILL MEET YOUR REQUIREMENTS, OR THAT THE ACCESS TO INFORMATION ON THE CARD WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LIFENEXUS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CARD OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CARD OR THAT DEFECTS IN THE CARD WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY DATA, MATERIAL OR INFORMATION DOWNLOADED, INPUT OR STORED ON THE CARD IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM, INCLUDING ANY DAMAGE TO YOUR COMPUTER, CARD OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH DATA, MATERIAL AND/OR INFORMATION. LIFENEXUS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE CARD OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CARD. O ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFENEXUS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. LIMITATION OF LIABILITY YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFENEXUS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE CARD.

11. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that LifeNexus may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of LifeNexus' liability will be the minimum permitted under such applicable law.

12. INDEMNIFICATION You agree to indemnify, defend and hold harmless LifeNexus, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents and partners, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from: (a) your (or anyone using your account's) use of the Card, including your input of any information into the Card; (b) your (or anyone using your account's) violation of these Terms; (c) your (or anyone using your account's) violation of any rights of any other person or entity; (d) any computer viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Card; or (e) injury to any persons or property caused (or allegedly caused) by you or any of your agents or representatives.

13. TRADEMARKS Certain of the names, logos, and other materials displayed in the Card constitute trademarks, tradenames, service marks or logos (Marks) of LifeNexus or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with LifeNexus or those other entities.

14. COPYRIGHTS; RESTRICTIONS ON USE The content contained on the Card (the Content), including without limitation, text, software, photos, and graphics, but excluding any data, material or information you input, download or store on the Card's microprocessor chip, is copyrighted by LifeNexus and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by LifeNexus or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of LifeNexus and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal use. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

15. MISCELLANEOUS These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law principles that would require the application of the laws of a different state. All lawsuits arising out of the Terms or out of your use of the Card will be brought in the Federal or state courts located in Denver, Colorado and you and LifeNexus hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of LifeNexus to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. 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 the Card or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. The terms of Sections 9 through 14 as well as any limitations on liability explicitly set forth herein will survive the expiration or earlier termination of the Terms for any reason. The Terms constitute the entire and exclusive statement of the agreement between you and LifeNexus with respect to the use of the Card, and supersede any prior agreements, oral or written, between you and LifeNexus with respect to the use of the Card. These Terms constitute a legally binding contract that will bind both you and LifeNexus as soon as you click the following 'I Agree' button. If you click the 'I Disagree' button, you will not bound by the Terms and you will not be allowed to use the Card.

BY SUBMITTING THE APPLICATION, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM.