Privacy Statement

MyHealthDirective.com has created this privacy statement to explain our commitment to your privacy while visiting our Internet Web site. You should also review the Terms and Conditions of Use page below, which sets out other important terms of your use of this Web site. Use of the MyHealthDirective.com Web site signifies your agreement to the Terms and Conditions of Use set forth below.

MyHealthDirective.com recognizes that protection of the confidentiality of an Advance Healthcare Directive (AHD) is essential to protect the privacy of our registrants. MyHealthDirective.com shall comply with all federal and state law regarding release of such information. MyHealthDirective.com shall not give or disclose in any manner the AHD except as authorized in the signed Registration Agreement and in these Terms and Conditions of Use.

In addition to protecting the privacy of our registrants' information, the following policies are also in effect:

• MyHealthDirective.com will not share or sell any registrant information to third parties.

• MyHealthDirective.com will not collect or store any identifying information from the Web site for any purpose other than operating the site. For the secured member area of MyHealthDirective.com, we use a non-persistent cookie, which is stored in memory, to retain information about the user's session. No cookies are stored on your hard drive.

• MyHealthDirective.com will gather information on user activity to analyze trends, such as the number of people accessing the Web site, and which pages are viewed most frequently. This information will not identify the user, it will only identify what the user accessed.

• MyHealthDirective.com requires that healthcare professionals who have authorized access to a registrant's AHD adhere to similar strict privacy guidelines.

The MyHealthDirective.com Web site uses a non-persistent cookie to enhance your use of the site. "Cookies" are sets of information a Web site transmits to a user's computer. The cookies the MyHealthDirective.com Web site passes to you do not reveal your identity and do not capture private data. The cookies help our server to provide you with appropriate content. We use cookies to track how our site is being used so that we can modify it to meet our customers' needs. We track the type of information that is being requested so that we can modify our site to make that information easier to find and to make the site easier to use. Information that we capture through cookies about your use of the site is for our internal use only, although we may provide others with general information about the use of the MyHealthDirective.com Web site by users generally.

If you do not wish to receive cookies from us, you may set your browser to reject the cookies. Please consult the instructions for your browser to determine how to do this. Setting your browser to reject cookies may affect your ability to perform some transactions on our MyHealthDirective.com Web site and other Internet sites.

We do NOT track the material or databases that you access in a way that is attributable to you. This type of information is collected only to collect aggregate or statistical data and cannot be identified as from you or any other particular user.

The MyHealthDirective.com Web site contains external links that will take you away from the site to other services. MyHealthDirective.com is not responsible for the privacy practices or the content of these sites.

Please review the Terms and Conditions of Use page of this MyHealthDirective.com Web site, which sets out other important terms of your use of the site. Should you have any questions regarding our personal privacy policy, please feel free to e-mail us at Webmaster@myhealthdirective.com.

Terms and Conditions of Use

MyHealthDirective.com is an on-line information and communication service in Honolulu, Hawaii. The following Terms and Conditions of Use constitute a binding agreement between you and MyHealthDirective.com for your use of this Internet Web site. Use of the MyHealthDirective.com Internet Web site signifies your agreement to the Terms and Conditions of Use set forth below.

As used here, "You" means you and your heirs, successors, and assigns.

You acknowledge that you have read the Terms and Conditions of Use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use the MyHealthDirective.com Web site and should use your browser's "back" button to exit the MyHealthDirective.com Web site.

MyHealthDirective.com has a specific Privacy Policy that describes the information MyHealthDirective.com collects through your use of the MyHealthDirective.com Web site, and the limitations MyHealthDirective.com agrees to place on its use of such information. That Privacy Policy is hereby incorporated as part of this Terms and Conditions of Use.

The MyHealthDirective.com Web site is limited to residents of the United States, and is accessible only by healthcare professionals and facilities in those same states. You acknowledge and agree that you are a resident of the United States, and that your Advance Healthcare Directive may only have validity within the state you reside.

You agree that you will maintain a copy of your Advance Healthcare Directive and provide it to your primary care physician or notify your personal representative of it and its location. MyHealthDirective.com may not be accessible by certain healthcare professionals, or due to technical difficulties. Accordingly you understand and agree that it is essential to maintain a copy of your Advance Healthcare Directive in your possession or that of your representative.

MyHealthDirective.com reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Terms and Conditions of Use, in whole or in part, at any time. Notification of changes in the Terms and Conditions of Use will be posted on the MyHealthDirective.com Web site.

The MyHealthDirective.com Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the MyHealthDirective.com Web site are only for your personal, non-commercial use. Many of the materials contained on the MyHealthDirective.com Web site are protected by copyright, and are controlled by MyHealthDirective.com or the party credited as the provider of the Content. You agree you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the MyHealthDirective.com Web site. You may download and make one (1) copy of the Content and other downloadable items displayed on this MyHealthDirective.com Web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from MyHealthDirective.com or the copyright holder identified in the individual Content's copyright notice.

Certain legal documents are made available on the MyHealthDirective.com Web site. Although MyHealthDirective.com attempts to ensure that the legal documents are accurate and up-to-date, MyHealthDirective.com is not responsible for any errors or omissions that may occur in those legal documents. You should check with the original government source of those documents to confirm their accuracy or consult your own attorneys or other professional counselors if you have any questions.

You acknowledge that the MyHealthDirective.com Web site may include certain trademarks and service marks owned by MyHealthDirective.com, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content.

We may change, suspend or discontinue any aspect of the MyHealthDirective.com Web site at any time, including the availability of any MyHealthDirective.com Web site feature, database, or Content. MyHealthDirective.com may also impose limits on certain features and services or restrict your access to parts or all of the MyHealthDirective.com Web site without notice or liability. We reserve the right to make changes, corrections, and improvements to the MyHealthDirective.com Web site, and to the products and programs described in the Site, at any time without notice.

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the MyHealthDirective.com Web site any materials which (i) restrict or inhibit any other user from using and enjoying the MyHealthDirective.com Web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. Physicians and facilities participating in MyHealthDirective.com further warrant and covenant that they will abide by all Privacy Terms of MyHealthDirective.com and all laws and regulations governing the access to protected health information, and agree they will access only information pertaining to persons who are under their care or treatment.

You hereby agree to indemnify, defend and hold MyHealthDirective.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms and Conditions of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. MyHealthDirective.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MyHealthDirective.com.

The MyHealthDirective.com Web site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the MyHealthDirective.com Web site. Links to and from the MyHealthDirective.com Web site to other third party sites, maintained by third parties, do not constitute an endorsement by MyHealthDirective.com or any of its affiliates of any third party resources, or their contents.

The MyHealthDirective.com Web site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not guarantee or warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the MyHealthDirective.com Web site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We recommend that you consult your own legal and healthcare professional advisors. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the MyHealthDirective.com Web site.

YOU EXPRESSLY AGREE THAT USE OF THE MYHEALTHDIRECTIVE.COM WEB SITE IS AT YOUR OWN RISK. THE MYHEALTHDIRECTIVE.COM WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE MYHEALTHDIRECTIVE.COM WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MYHEALTHDIRECTIVE.COM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE MYHEALTHDIRECTIVE.COM WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE MYHEALTHDIRECTIVE.COM WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MYHEALTHDIRECTIVE.COM WEB SITE OR ANY LINKED SITE. FURTHER, MYHEALTHDIRECTIVE.COM AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYHEALTHDIRECTIVE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MYHEALTHDIRECTIVE.COM WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MYHEALTHDIRECTIVE.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYHEALTHDIRECTIVE.COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE MYHEALTHDIRECTIVE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MYHEALTHDIRECTIVE.COM OR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MYHEALTHDIRECTIVE.COM WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER MYHEALTHDIRECTIVE.COM OR ITS AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE MYHEALTHDIRECTIVE.COM WEB SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF ANY SUCH INFORMATION.

THIS TERMS AND CONDITIONS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS OF USE SHALL BE ARBITRATION OR AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.

All disputes arising out of or related to this agreement, or the breach thereof shall be settled by arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect by one arbitrator appointed in accordance with such rules. The parties will cooperate with each other causing arbitration to be held in as efficient and expeditious a manner as practicable. Any arbitration proceeding shall be brought in Honolulu, Hawaii. Any award rendered by the arbitrator shall be final and binding upon the parties hereto. Judgment upon the award may be entered in any court of record of competent jurisdiction. Each party shall pay its own expense of Arbitration and the expenses of the arbitrator shall be equally shared except that if, in the opinion of the arbitrator, any claim by a party hereto or any defense or objections by the other party was unreasonable, the arbitrator may in his or her discretion assess as part of their award all or any part of the arbitration expenses of the other party (including reasonable attorney's fees) and expenses of the arbitrator against the party raising such unreasonable claim, defense or objection. Nothing herein shall prevent the parties from settling any dispute by mutual agreement at any time.

None of the provisions of this agreement are intended to create nor shall be deemed or construed to create any relationship between the parties to this agreement other than that of independent contractors contracting with each other solely for the purpose of effecting the provisions of this agreement.

This Terms and Conditions of Use and the associated Privacy Statement, together with your signed Registration Agreement with MyHealthDirective.com constitute the entire agreement between MyHealthDirective.com and you with respect to your use of the MyHealthDirective.com Web site. Any cause of action you may have with respect to your use of the MyHealthDirective.com Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions of Use, and the remainder of this Terms and Conditions of Use shall continue in full force and effect. MyHealthDirective.com disclaims any and all responsibility for content contained in any third party materials provided through links from the MyHealthDirective.com Web site.