This .mdEmail™ Site Terms of Use, including all linked to or referenced documents and resources (the "Agreement" or "Terms of Use"), govern your use of the MaxMD websites and services.
Before you register your .mdEmail™ account, we request that you review the .mdEmail™ Terms of Use as well as the following conditions and policies, including any future amendments (collectively, the "Terms"):

• MaxMD Terms of Service - Our general terms and conditions
• Domain Name Registration and Service Purchase Agreement - Our general terms and conditions
• .mdEmail™ Privacy Policy - How we maintain and protect your personal information in .mdEmail™.

Our website and services (defined below) ("Services") are available for your use only on the condition that you agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. YOUR ACCESS OR USE OF THE WEBSITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE.

MaxMD may from time to time modify or revise the Terms by updating this web page. Although we may attempt to notify you via your .mdEmail™ address when major changes are made, you should visit this page periodically to review the terms. Your use of our Service following any such change constitutes your agreement to follow and be bound by the terms, as changed. If any change is unacceptable to you, your only recourse is to terminate your use of .mdEmail™.

.mdEmail™ is an email application provided by SIGABA (Secure Data In Motion, Inc., DBA SIGABA). targeted toward healthcare providers. MaxMD may also provide new features or information on the website, which shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS-IS", WITHOUT WARRANTY OF ANY KIND. MAXMD ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MISDELIVERY OF ANY INFORMATION OR ANY PERSONALIZED SETTINGS.

MaxMD is a service provider, providing secure email services to its users through .mdEmail™. As such any medical information or advice given to you through the .mdEmail™ service is the sole liability and responsibility of the sender. MaxMD does not warrant and shall have no liability for information provided in this Service regarding recommendations concerning medical or health care advice. Please consult with a healthcare professional before using any supplements, medications or starting a dietary program. Never disregard professional medical advice or delay in seeking it because of something you have read through the Service! Should you have any health care-related questions, please promptly call or see your health care provider. If you think you may have a medical emergency, call your doctor or 911 immediately. MaxMD makes no guarantee or warranty, express or implied, with respect to any Services provided, including any warranty of merchantability or fitness for a particular purpose.

You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MaxMD to provide the Service. You also understand and agree that the Service may include certain communications from MaxMD, such as service announcements and administrative messages, and that these communications are considered part of MaxMD membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MaxMD properties, shall be subject to this Agreement.

You must be at least eighteen (18) years old in order to use the Services. The Services are provided by MaxMD and available only to entities and people who can form legally binding agreements under applicable law. If you do not qualify, do not use the Service.

MaxMD grants you a limited personal, nontransferable, nonsublicenseable, revocable world wide license to access and make personal use or non-commercial use within your organization, of the Services. This license does not include any resale or commercial use of the Services or its contents (except as set forth in the Terms of Services); any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MaxMD and our affiliates without our prior express written consent.

All information you provide to us must be true and accurate.

All pages within the website and any materials made available on these pages for downloading are the property of MaxMD and/or its affiliates or other third parties. The website and portions of the website are protected by federal and international copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the website that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end user license agreements. You may not input or upload to the website any information which contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the website or its contents or that infringes the Intellectual Property (defined hereafter) rights of another.

Any rights not expressly granted by this Agreement are reserved by MaxMD.

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the MaxMD Terms of Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of personally identifiable data. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MaxMD; (ii) (ii) prevent others from using the Service; (iii) use the Service for any fraudulent or inappropriate purpose; or (iv) act in any way that violates the Terms, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. MaxMD reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MaxMD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MaxMD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

MaxMD prohibits any unsolicited or bulk email transmission to be sent, or caused to be sent, over the Internet, to any .mdEmail™ email address. You may not harvest or collect email addresses from .mdEmail™ for the purpose of sending unsolicited or bulk email.

MaxMD prohibits any email transmission to be sent, or caused to be sent, to any .mdEmail™ email address if the email is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the email is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability. MaxMD prohibits any email transmission to be sent, or caused to be sent, to any .mdEmail™ email address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the email.

You may not use .mdEmail™ or its contents in any way that could overburden, impair, disable or damage any MaxMD server, or the networks connected to any MaxMD server. You are prohibited from using .mdEmail™ or its contents to interfere with any other party's use of .mdEmail™ or any of MaxMD's products and services. You may not attempt to gain unauthorized access (through hacking, brute force, password mining or any other means) to any services, accounts, computer systems, or networks connected to any MaxMD server or to any of MaxMD's products or services. You may not obtain or attempt to obtain any materials or information that has not been made intentionally available by MaxMD on .mdEmail™. You agree that MaxMD may, in its sole discretion and at any time, terminate your access to .mdEmail™ and any account(s) you may have in connection with .mdEmail™. MaxMD may monitor access to .mdEmail™.

MaxMD takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does MaxMD have any obligation to monitor such third-party content. MaxMD reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. MaxMD also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of MaxMD, its users and the public. MaxMD will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

Any and all intellectual property rights associated with the website including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of MaxMD, or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the website in any way without MaxMD or the appropriate third party's prior written permission. Except as provided herein, MaxMD does not grant to You any express or implied rights to MaxMD's or any third party's Intellectual Property. Any rights associated with the content of the website, which is transmitted, downloaded, or otherwise processed by MaxMD, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.

THE SERVICE IS PROVIDED AS IS. MAXMD, IT'S OFFICERS, AGENTS, SUPPLIERS AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) INFRINGEMENT, (IV) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (V) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (VIII) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY LINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless MaxMD and its officers, agents, suppliers and affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the website, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this website.

Your Personal Information (defined in the Privacy Policy) and certain other information about you is subject to our Privacy Policy. For more information, please read our Privacy Policy. You should be aware that websites linked to the website are likely governed by confidentiality and privacy provisions that differ from the provisions governing the website. MaxMD is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

After a period of inactivity, MaxMD reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or such other party.

Termination; Cancellation. You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to MaxMD support; provided, however, that a terminated account may continue to exist for up to two (2) business days before such cancellation takes effect. MaxMD may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless MaxMD has previously canceled or terminated your use of the Services (in which case subsequent notice by MaxMD shall not be required), if you have provided an alternate email address, MaxMD will use reasonable efforts to notify you via email of any such termination or cancellation, which shall be effective immediately upon MaxMD's delivery of such notice. The terms which by their nature should survive termination or expiration of this Agreement, shall so survive.

The website may provide or include links to other World Wide Web sites or resources. Because MaxMD has no control over such websites and resources, you acknowledge and agree that MaxMD is not responsible for the availability of such external website, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MAXMD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR WEBSITES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE.

This represents the complete agreement between the parties with regard to the subject matter herein and supersedes any prior or contemporaneous agreement regarding the same. These Terms are governed by and shall be construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by MaxMD. Where the provisions in this Terms of Use conflicts with any incorporated document, the provisions of this Terms of Use shall govern.