MYMDBAND

TERMS OF USE AGREEMENT

Acceptance of this Agreement
MyMDband, is owned, operated and presented to users by Archi – Medics Global Group LTD a limited liability company incorporated in Israel ("hereinafter referred to as MyMDband"). This legally binding Terms of Use Agreement ("Agreement") describes important information about the Services, as defined herein, to be provided by MyMDband to You. This Agreement also describes important information about Your use of the MyMDband Services and Your relationship with MyMDband. By accessing the MyMDband website You are indicating Your acknowledgement and acceptance to be bound by this Agreement. If You do not agree to the terms of this Agreement, do not use this website and the Services it provides. You warrant that You are at least 18 years of age and have the legal capacity to enter into this Agreement and to use this website in accordance with its terms. For the purposes of this Agreement, "You" and "Your" refer to the named individual subscriber (whether that be a single individual subscriber, an individual acting on behalf of a subscriber, or a health care provider) to the MyMDband website who will maintain and store health related information in an account, and/or anyone else who accesses a subscriber's account and/or uses the MyMDband Website.

Services Provided
MyMDband is an internet/intranet based service, which allows You to electronically store, edit, upload and retrieve critical emergency medical data, with the help of the MyMDband bracelet, pendant or other object, that may influence the treatment provided by an emergency medical care administrator. MyMDband also allows You to purchase online the unique MyMDband, accessories and other products and services at https://shop.MyMDband.com (referred to collectively as the "Services").

In order to use the MyMDband Services You must have a computer device with a browser and an internet connection to input and store data plus a unique bracelet, pendant or object, supplied by MyMDband containing a QR code and a personal identification number (PIN).

In order for an emergency medical care administrator to view Your emergency data, the administrator must scan the unique QR code of the bracelet, pendant or object and enter Your PIN number, either with a smartphone or a QR code scanner connected to a computer device. If, for any reason, it is not possible to access the information by scanning the QR code, Your information may be accessed by going to www.411.md and following the relevant instructions including entering the PIN and serial number on the underside of Your MyMDband. Any medical information that has been designated as requiring a private password will not be accessible to the administrator without the use of that additional password. The computer device used to scan the QR code must have an active internet connection. Where applicable, the user interface and the medical data retrieved will be displayed according to the default browser interface language of the scanning computer device. Currently up to four (4) languages may be supported (English, Spanish, French & Hebrew). The storage and retrieval speed is dependent upon the internet connection speed. When Your MyMDband is scanned or Your data is accessed via the www.411.md website, an email informing that the scan occurred may be sent by MyMDband to all email addresses You have listed in Your account.

Your use of the Services is at Your sole risk. The Services are provided on an "as is" and "as available" basis. MyMDband is not responsible in any way, for any unauthorized entry to Your account, or responsible for any consequence of Your personal data being viewed or printed by someone who gained authorized or unauthorized access to Your personal account.

After You purchase Your MyMDband and we ship it to Your address, or You otherwise receive a MyMDband, YOU will need to return to the MyMDband website and register Your MyMDband by completing the steps for first time activation including providing a valid email address and choosing a password that You will use to access Your account and input Your medical information. Upon successfully completing the first time activation, You may receive a confirmation email.

Protection from disclosure of Your password, QR code, serial number and PIN is solely Your responsibility. You are responsible for maintaining the security of Your account and password. You agree to notify MyMDband of any loss or misappropriation of Your password, MyMDband or other account identifiers as well as any unauthorized use of Your password or account identifiers. MyMDband cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under Your account. Each time You view or upload information, data, documents, or a file to the MyMDband website, You represent and warrant that You own or otherwise control the legal rights to the information, data, document, or file, or that You have obtained the necessary consent, permission and authorization from all relevant parties allowing You to view or upload the material.

MyMDband agrees to provide Services according to the plan selected. MyMDband reserves the right to change, amend and/or otherwise alter the Services offered without prior notice to You. The specifics of all our current Services are located within the MyMDband website located at www.MyMDband.com.

We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of this site may be interfered with by numerous factors outside of our control.

MyMDband may, at any time, without notice or liability, restrict the use of the Services or limit its time of availability in order to perform maintenance activities. We will try to limit these times to off-peak use hours, but cannot guarantee that we will not have interruptions in service during normal business hours.

If Your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by MyMDband) of other MyMDband users, we reserve the right to immediately disable Your account or restrict Your file hosting until You can reduce Your bandwidth consumption.

You hereby grant MyMDband, its employees, officers, directors, agents, distributors, resellers and contractors, and all other persons or entities involved in the operation of MyMDband or of the website the right to access, transmit, receive, monitor, retrieve, store, and maintain the information in Your account and to perform any other activities necessary to the operation of the website, including but not limited to converting documents received on Your behalf to an electronic format.

Medical waiver
By entering and storing your medical data via the MyMDband website service, You hereby grant any authorized person or organization a medical waiver to access your data.

If your data is being managed by someone other than You for You, then You have granted that person or organization a medical waiver.

Payment
Fees are charged for various Services made available to You by MyMDband. The current fee structure is located at http https://www.MyMDband.com/Products. The price of the Services excludes all taxes and internet charges, unless stated otherwise. You are responsible for any taxes that You are obligated to pay. You are responsible for all other charges related to Your internet connection and use of Your computer. Unless otherwise provided by law or in this Agreement, all charges are non-refundable.

Only a valid credit card number or otherwise approved means of payment will be accepted. MyMDband reserves the right to change its fee structure at any time. Please review the current fee structure at https://www.MyMDband.com to be certain You still agree with our provisions. Your use of our online payment services after any changes to the fee structure will constitute Your agreement to such change(s). When You make a purchase and enter Your payment method, You must be authorized to use the payment method entered. You also authorize us to charge You for the relevant Services using Your payment method. You will pay service charges in advance.

For purpose of identification, billing and marketing, You agree to provide us with current, accurate and complete information as required by the online registration, check out and first time activation sections of the website including Your billing address and where applicable Your credit card information. We are not responsible for Your failure to receive any notices or information or any other problem that results from Your failure to provide this information.

MyMDband Does Not Provide Medical Services
MyMDband is not licensed to provide medical care, treatment or to provide medical advice. Information on this website or sent to You by MyMDband should not be considered medical or health advice. Such information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Any questions about any medical condition or treatment for any condition should be directed to Your physician or a qualified healthcare provider.

License
Except as set forth herein, You are not granted any title or rights of ownership in the MyMDband website. However, MyMDband, subject to the terms and conditions set forth herein, hereby grants You a non-exclusive, limited, personal, license to use the MyMDband Services subject to the terms of this Agreement. You may not assign rights or obligations under this Agreement or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer Your rights to the Services without the express written consent of MyMDband. The license being granted to You is limited to viewing and uploading medical records that You stored on this website or that you are authorized to view.

You acknowledge that this license is not a sale of intellectual property and that MyMDband continues to own all rights, title and interests, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the software as well as any corrections, updates and upgrades.

Links to Third Party Sites
This site may from time to time contain links to other websites. These links are provided solely as a convenience to You, and do not constitute an endorsement, sponsorship or recommendation by MyMDband of -- or responsibility for -- the linked websites, any content, services or products available on or through such sites, or the companies associated with such sites. If You decide to access any of the linked sites, You do so entirely at Your own risk. MyMDband reserves the right to terminate any link at any time.

Indemnification
You agree to fully defend, indemnify and hold harmless MyMDband and its affiliates, officers, agents, contractors and employees of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of Your use of the Services, this website, or any violation of this Agreement. Choice of counsel remains exclusively that of MyMDband.

Prohibited Activities
You agree that You will not, under any circumstances whatsoever, do any of the following during Your use of this website:

use Your MyMDband account in furtherance of any of the following: pornographic, obscene or excessively profane content.

use MyMDband for anything other than a lawful and legitimate purpose.

infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

transmit any information that is libelous or defamatory.

change or alter any information or Content offered by or through this website.

use MyMDband in order to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others.

upload information and files that contain viruses, worms, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties.

use MyMDband in such a manner as to affect adversely the availability of its resources to others.

fail to comply with applicable federal and state laws and regulations while using the MyMDband website.

knowingly attempt to gain unauthorized access to the other user accounts through hacking, password mining or any other means, nor shall You knowingly commit an act or omission that facilitates such activity by another person.

attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by MyMDband in connection with the Services it provides on the Website.

Termination by MyMDband
This Agreement and all of its terms shall remain in full force and effect until it is terminated.

If You violate the terms of this Agreement, Your right to use of this website will terminate immediately. We may notify You that You have breached the Agreement. We may, in our sole discretion, terminate Your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to You or any third party for any such termination or discontinuance.

You agree that if MyMDband terminates Your use of this site for a violation of the terms of this Agreement, MyMDband has the right to immediately delete all data, files, and other information stored in Your account without further notice to You.

Product Refunds, Returns and Termination by You
You may terminate Your initial subscription and any extended membership renewal prior to activating Your MyMDband. Refund of Your membership fees will be dependent upon Your complying with the terms for timely return of Your MyMDband as outlined below. You may receive a full refund for any products purchased at https://shop.MyMDband.com including the MyMDband if You notify us and return the purchased item within seven (7) business days or as required by applicable local laws. You agree to pay all shipping and handling charges associated with returning s MyMDband. Also, at any time, You may delete Your stored medical information from the MyMDband database. If during the course of Your use of the MyMDband and through no fault or negligence on Your part, the MyMDband malfunctions, You may return it to us and at our sole discretion will either repair it or replace it at no extra cost besides shipping ad handling charges. Except as otherwise provided herein, if You cancel Your membership, then You will stop receiving the Services.

Effect of Termination
The termination of this Agreement will not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and will not prejudice or affect the rights of any party against another with respect to any breach of the terms and conditions of this Agreement.

Privacy Policy
You acknowledge and agree that MyMDband may collect, use and disclose the data collected in the course of our relationship in the manner identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

Ownership of Intellectual Property
MyMDband owns all rights, titles and interests in MYMDBAND's intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This Agreement does not constitute a license to You to use MyMDband's trade names or service marks. Your use of any intellectual property rights and/or proprietary information mentioned in this Agreement or otherwise owned or licensed by MyMDband is limited to Your use in connection with the MyMDband website, Services, support services and/or any MyMDband software, functionality, service, or product made available to You.

Copyright Notice
All content provided on this website, including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, ("Content") is the exclusive property of MyMDband and is protected by U.S. and international copyright laws. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.

Disclaimer, Release, No Warranties
THIS WEBSITE IS PROVIDED BY MyMDband ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyMDband MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY.

MyMDband DOES NOT WARRANT THAT ANY INFORMATION OR MEDICAL RECORDS STORED ON THIS WEBSITE BY YOU IS ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT. MyMDband WILL NOT INDEPENDENTLY AND SEPARATELY VERIFY THE TRUTH AND ACCURACY OF INFORMATION SUPPLIED BY YOU. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED ON THIS WEBSITE ON YOUR BEHALF.

MyMDband IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, PRODUCTS OR SERVICES THAT YOU MAY OBTAIN FROM THIRD PARTIES.

MyMDband CANNOT AND WILL NOT BE LIABLE FOR THE AUTHORIZED OR UNAUTHORIZED USE, MISUSE, AND/OR DISCLOSURE OF INFORMATION THAT IS STORED AND/OR MAINTAINED IN A SUBSCRIBER'S ACCOUNT.

MyMDband DOES NOT WARRANT THAT: (A) ANY FILES AVAILABLE FOR DOWNLOADING FROM THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, (B) THE OPERATION OF THE WEBSITE WILL BE FREE OF HUMAN AND MACHINE ERRORS AND OMISSIONS, DELAYS, OR LOSSES, INCLUDING LOSS OF DATA, AND (C) THE FUNCTIONS OR SERVICES AVAILABLE ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.USERS OF THIS WEBSITE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO MyMDband FOR THE RECONSTRUCTION OF ANY LOST DATA.

INFORMATION ON THIS WEBSITE OR SENT BY THIS WEBSITE SHOULD NOT BE CONSIDERED MEDICAL OR HEALTH ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. THIS INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

MyMDband WILL NOT BE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR TO ANY THIRD PARTIES FOR ANY CLAIMS INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO THIS SITE OR ANY DATA OR OTHER MATERIALS RESIDING THEREIN OR SENT THEREFROM, EVEN IF MyMDband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

YOU HEREBY RELEASE MyMDband FROM ANY AND ALL LIABILITY RELATED TO ANY DAMAGE CAUSED TO YOU THROUGH YOUR USE OF THE SERVICES.

IN THE EVENT THAT ANY APPLICABLE RELEASE OR DISCLAIMER OF LIABILITY CONTAINED HEREIN IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, YOU HEREBY AGREE THAT ANY DAMAGE AWARD YOU MIGHT BE ELIGIBLE TO RECEIVE AGAINST MyMDband SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MyMDband DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, TWENTY DOLLARS ($20.00).

Miscellaneous
To the maximum extent permitted by applicable laws and unless otherwise mutually agreed upon in writing by the parties, this Agreement is governed by and is to be construed according to the laws of the State of Israel without regard to conflict of law principals; except as otherwise set forth herein, You hereby consent to exclusive jurisdiction and venue in the courts located within the State of Israel. Some jurisdictions do not allow for the exclusion of certain warranties or, for instance, the limitation or exclusion of incidental or consequential damages as stipulated by this Agreement. By agreeing to be bound by these terms and conditions You may be waiving legal rights which could be available to You in another jurisdiction.

MyMDband's failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein will not be construed as a waiver of any provision or relinquishment to any extent of MyMDband's right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement.

As stated above, Your rights under this Agreement may be assigned only upon prior written notice and express written approval by MyMDband. MyMDband may assign its rights hereunder to any person or entity who shall become a principal owner or shareholder of MyMDband. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

Except as otherwise set forth herein, any notice which may be or is required to be given under this Agreement must be in writing and must be sent by first class mail, fax, courier, or e-mail. All notices will be effective upon receipt by the party at each party's address as follows:

You:
If by means of electronic mail, to the most recent e-mail address provided by You at the time of registration or modification of Your account.

If by means of first class mail, fax, or courier, to Your address on file with MyMDband.

MyMDband:
Archi – Medex Medics Global Group LTD
POB 18141
Jerusalem, Israel
E-Mail: Support@MyMDband.com

Except as otherwise set forth herein, if any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.

Neither party shall be liable to the other for any delay or default in performance where caused by any circumstance beyond its reasonable control including, by way of example, but not limited to, any act of God, failure of suppliers, internet failures, any act, regulation or law of any government, war, fire, theft, riot, embargoes, civil commotion, earthquake or storm, or epidemic ("Force Majeure"). The party claiming relief under this provision, shall notify the other party in writing of the event of Force Majeure causing delay or default in performance and the parties may either (i) extend the time for performance or (ii) terminate the uncompleted portion of the Services. Each party shall take reasonable action within its control to alleviate the Force Majeure causing delay or default in performance.

Notwithstanding any other provision of this Agreement, MyMDband is not Your agent, partner or joint venturer in any respect.

Accessing some or all of the Services may not be permitted by law in every country. If You access any of the Services from such a venue, You do so at Your own risk and are responsible for compliance with the laws of that jurisdiction.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please note that this Terms of Use may be updated from time to time. You should check it regularly to make certain that You are kept up to date.

This Agreement constitutes the entire agreement and understanding between the parties with respect to the Services, responsibilities, and obligations specified and agreed upon in this Agreement and supersedes all prior oral or written agreements and understandings between the parties with respect to such Services, responsibilities, and obligations.