AGREEMENT BETWEEN USER AND BIOSIGNIA, INC.

These terms and conditions of use are an agreement between BioSignia®, Inc. ("BioSignia®") and users of this Application ("you" or "user"). This agreement (the "Agreement") also governs your use of the products and services (the "Profiles") made available to you by BioSignia® through this Application (the "Application" or the "Program").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APPLICATION. By using this Application, you signify your assent to the Terms and Conditions of Use, as well as all provisions, disclaimers and disclosures on this Application. If you do not agree to all of these Terms and Conditions of Use, DO NOT USE THIS APPLICATION.

BioSignia® may revise and update this Agreement at anytime. Your continued use of the Web application will mean you accept those changes.

1. Hyperlinks. As you use the Web application, you may encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contract , either to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites , while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. Where such web page or website contains terms, conditions, policies, notices or disclaimers prepared by BioSignia® related to the use of our Web application or other web pages, or websites accessed through our Web application, such terms, conditions, policies, notices or disclaimers are incorporated by reference into this Agreement whether or not any such term, condition , policy, notice, or disclaimer is referenced below.

2. Minimum Age for Use. YOU MUST BE AT LEAST 21 YEARS OF AGE TO USE THIS APPLICATION . You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Application by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults.

3. Responsibility for Computer Equipment. Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Application. Each user is responsible for all Internet access or data charges connecting to the Application . BioSignia® assumes no responsibility or liability for any Internet access charges including , but not limited to, long distance charges, per minute (unit) surcharges, data charges, and/or equipment or line costs incurred by users while accessing the Application. Any disputes or problems regarding Internet access service are strictly between the user/subscriber and his or her Internet service provider. Each user is responsible for any charges to his or her healthcare provider related to testing or acquiring information for use in filling out the forms included on this Application.

4. This Application Does Not Provide Medical Advice. KNOW YOUR Number® IS NOT A DIAGNOSTIC TOOL. THIS APPLICATION DOES NOT PROVIDE, AND IS NOT A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. BIOSIGNIA® RECOMMENDS CONSULTATION WITH YOUR DOCTOR OR HEALTHCARE PROFESSIONAL FOR SUCH SERVICES. THE INFORMATION PROVIDED BY THE APPLICATION IS FOR EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A DIAGNOSIS OR AS A RECOMMENDATION FOR A SPECIFIC TREATMENT PLAN, PRODUCT, OR COURSE OF ACTION.
   
   THE APPLICATION PROVIDES YOU WITH POSSIBLE TRENDS TOWARD CHRONIC DISEASE BASED ON THE ACCURACY OF THE DATA YOU HAVE SUBMITTED. A PERSON WHO SCORES IN THE "HIGH RISK" CATEGORY FOR A GIVEN DISEASE MAY NOT DEVELOP IT. CONVERSELY, A PERSON WITH RESULTS IN THE "LOW RISK" CATEGORY FOR A GIVEN DISEASE MAY DEVELOP THAT DISEASE. BIOSIGNIA® SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING INFORMATION THROUGH THIS WEB APPLICATION. IN NO EVENT SHALL BIOSIGNIA® BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACT TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION AND/OR VIEWS.

5. Applicability of Profiles to Certain Age Groups. The statistical algorithms used to estimate health status are most relevant for individuals from 30 to 75 years of age. Therefore, the Profiles may not be as accurate for persons age 21-29. However, risk factor analysis for these individuals can still be a valuable tool for reducing the long-term risk of chronic disease when utilized in consultation with a healthcare professional. Profiles are not designed for individuals less than 21 or greater than 75 years of age and therefore health analysis is not available.

6. Copyright and Other Proprietary Rights. BioSignia® owns and retains the copyrights and other proprietary rights in the Application, in the names BioSignia® and Know Your Number®, except for material in the public domain and electronic mail. All copyrightable material displayed on, or downloaded from, this Application is copyrighted and may not be copied, performed, displayed, distributed, published, redistributed, transmitted or retransmitted without permission of the copyright owner. No user may remove, alter or cover any copyright or other proprietary notices placed on this Application, including all materials found on this Application.

7. Privacy Policy. BioSignia® respects your right to the privacy of the personal information you provide us on this Web application. To that end, unless you designate otherwise or we state otherwise in this Agreement or at the time information is collected, any personal information you provide to BioSignia® will be known only to you and BioSignia®, and if applicable to the third party through which you enroll in BioSignia's Profiles (for example, your physician). You acknowledge that you have read our Privacy Policy (link) and that you accept its terms. Such policy is incorporated into and made a part of this Agreement. The Privacy Policy may change from time to time. Your continued use of the Application will mean you accept those changes.

8. Disclaimer Of Warranty: BIOSIGNIA® PROVIDES THE APPLICATION AND ITS PROFILES ON AN "AS IS" BASIS, AND BIOSIGNIA® GRANTS NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) IN ANY COMMUNICATION WITH BIOSIGNIA® OR BIOSIGNIA'S REPRESENTATIVES WITH RESPECT TO THE APPLICATION AND THE INFORMATION RECEIVED VIA THIS PROGRAM. BIOSIGNIA® SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIOSIGNIA® DOES NOT WARRANT THAT THE USER'S USE OF THE APPLICATION WILL BE UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET A USER'S REQUIREMENTS , OR THAT ANY DEFECTS IN THE APPLICATION WILL BE CORRECTED. BIOSIGNIA® DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY OF THE APPLICATION, INCLUDING WITHOUT LIMITATION UNAVAILABILITY CAUSED BY HEAVY TRAFFIC, TECHNICAL DIFFICULTIES , OR ANY OUTAGE OR OTHER INTERRUPTION IN SERVICE.

9. Limitation of Liability: IN NO EVENT WILL BIOSIGNIA® BE LIABLE TO (i) ANY USER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF BIOSIGNIA® OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO (ii) ANY PERSON OTHER THAN THE USER. IN ADDITION, BIOSIGNIA® EXPRESSLY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY OTHER USERS, INCLUDING UNAUTHORIZED USERS , OF THE APPLICATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Users may also have other rights which vary from state to state.

10. Web Application Security Rules. Users are prohibited from violating or attempting to violate the security of the Application, including, without limitation:
    
    

    1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access; 2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 3. attempting to interfere with service to any user, host or network, including , without limitation, via means of submitting a virus to the Web Application, overloading , "flooding", "spamming", "mailbombing" or "crashing"; 4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or 5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability . BioSignia® will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

11. General. These terms contain the entire agreement between the user and BioSignia® regarding the use of the Profiles and the information contained on this Application. You agree that this Agreement takes effect on your first use of this Application, and that it applies to all persons accessing the Application from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to this Application. These terms may only be amended as described above, or by a writing signed by a user or users and an authorized official of BioSignia. Unless otherwise explicitly stated, the provisions contained herein will survive termination of the user's access to and use of the Profiles and the information contained on this Application . This agreement shall be governed by the laws of the state of North Carolina, without regard to conflict of laws rules. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this program or any information you receive from BioSignia® shall be brought exclusively in a United States District Court in the Eastern District of North Carolina, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. Violations of system or network security may result in civil or criminal liability . BioSignia® will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, each party to this Agreement waives its, his or her right to a jury trial with respect to any action brought under or in connection with this Agreement.

The headings used in these terms and conditions of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the program must be filed within one (1) year after such claim or cause of action arose . You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of this Agreement, BioSignia® has available all remedies at law or equity to enforce this Agreement. There are no representations , promises, warranties or undertakings by BioSignia® contrary to those set forth above . By clicking on the button below marked "I accept" or using this program, you acknowledge that you have reviewed and agree to all of the above provisions, disclosures and disclaimers in this Agreement.

QUESTIONS OR COMMENTS REGARDING THESE TERMS AND CONDITIONS OF USE, OR REGARDING THIS PROGRAM IN GENERAL, SHOULD BE DIRECTED BY E-MAIL TO: INFORMATION@BIOSIGNIA.COM OR VIA U.S. MAIL TO INFO, BIOSIGNIA, INC. GENERATION PLAZA , 1822 EAST NC HIGHWAY 54, SUITE 350, DURHAM, NC 27713