ESSE HEALTH TERMS OF USE POLICY

Effective: March 3, 2010

Welcome to the Esse Health Web Site. The essehealth.com website (the “Web Site”) is owned and operated by the American Multispecialty Group, Inc., a Missouri corporation, doing business as Esse Health (“Esse Health”). Esse Health has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions of your use of the Web Site. If you do not agree to these Terms of Use please do not use the Web Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. Please check these Terms of Use periodically for changes. The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes.

GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS

If you do not comply with the Terms of Use Policy at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Web Site. We may discontinue or alter any aspect of the Web Site, including, but not limited to, (i) restricting the time the Web Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Web Site, at our sole discretion and without prior notice or liability. You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by Esse Health or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

YOUR PRIVACY

Esse Health collects, stores and uses data collected from you online in accordance with Esse Health’s Privacy Policy, located at www.essehealth.com/privacy.php. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

LINKS

As a service to our users, we provide information about other resources that may be of interest to our users. Esse Health cannot and does not endorse in any way, nor does it vouch for, the accuracy or usefulness of such material. Furthermore, Esse Health expressly disclaims any liability associated with material posted by third parties. Esse Health is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or Content is not an endorsement, sponsorship or recommendation by Esse Health. Please be aware that when you exit our Web Site, you are subject to the policies of the new site. Our Terms of Use Policy does not apply to those sites. You further acknowledge and agree that Esse Health 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 services available on or through any third-party such site or resource. We suggest contacting these sites directly for information on their own policies and procedures, and please direct any concerns or complaints you may have regarding these external links to their site administrator.

Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the respective author(s), and Esse Health is not responsible for any material posted by third parties.

ESSE HEALTH INTELLECTUAL PROPERTY

Unless otherwise specifically noted, all images, illustrations, designs, graphics, video clips, photographs, trademarks, service marks, logos and icons displayed on the Web Site are the property of, controlled or licensed by Esse Health and may not be used without our prior written consent. The Web Site as a whole is protected by copyright, trademark and trade dress, all worldwide rights, titles and interests in and to which are owned by Esse Health. Modification of the Content on the Web Site is a violation of Esse Health’s copyright, trademark and other proprietary rights.

The Content of our Web Site, and the Web Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the Content and other downloadable materials displayed on the Web Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content or the Web Site. Reproduction, retransmission or reprinting or use for commercial purposes is prohibited without prior written permission from Esse Health. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Requests for permission to reproduce any information contained on the Web Site should be addressed to Esse Health, Attn: Corporate Counsel, 12655 Olive Blvd., 4th Floor, St. Louis, MO 63141.

USER REPRESENTATIONS

You hereby represent and warrant to Esse Health that: (a) you are over the age of eighteen (18) or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Esse Health is truthful, accurate and complete, and that you will maintain the truthfulness, accuracy and completeness of any such information; (c) you will comply with the terms and conditions of these Terms of Use and/or any other instructions displayed on the Web Site in conjunction with any specific functionality; (d) your access to and use of the Web Site will not constitute a breach or violation of any other agreement, contract, terms of use and/or other information displayed on the Web Site in conjunction with specific functionality, or any law or regulation, to which you are subject; and (e) you will not use the Web Site, any Content, or any other information displayed thereon for any of the prohibited uses set forth below or for any other improper or unlawful purpose.

PROHIBITED USES

You agree not to engage in unacceptable use of the Web Site, which includes, without limitation, use of the Web Site to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics, software or other materials or information that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property rights of any person; (c) interfere, disrupt or attempt to gain unauthorized access to information on the Web Site or any other computer network; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (e) engage in any unlawful activity or any other activity deemed by Esse Health to be in conflict with the spirit or intent of these Terms of Use.

NO MEDICAL ADVICE

The information posted here by Esse Health or any third party should not be considered medical advice, and is not intended to replace consultation with a qualified dermatology professional. Esse Health does not answer specific medical questions or refer people to a particular dermatology professional.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

We welcome your comments regarding Esse Health Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to essehealth.com shall be and remain the exclusive property of Esse Health. Your submission of any such Comments shall constitute an assignment to Esse Health of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Esse Health will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

INDEMNIFICATION

You agree to defend, indemnify and hold Esse Health, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Site or any services or products offered by Esse Health.

DISCLAIMER

Esse Health uses reasonable efforts to maintain the Web Site, but Esse Health is not responsiblefor any defects or failures associated with the Web Site, the Content, or any damages (such asdirect, indirect, special or consequential damages, lost profits or other damages) that may result from any such defects or failures. In addition, Esse Health makes no guarantees as to the WebSites and information located worldwide throughout the Internet to which you may access as aresult of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.

The Web Site and the information on this Web Site are for informational purposes only. The information provided on the Web Site is believed to be reliable, but Esse Health is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Esse Health may undertake from time to time, or (c) causes beyond the control of Esse Health or which are not foreseeable by Esse Health. In addition, Esse Health makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.

The Web Site and the Content posted thereon are for informational purposes only. The Web Site and the Content are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web Site. If you think you have a medical emergency, call your doctor or 911 immediately. Esse Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Web Site or in a link on the Web Site.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE WEB SITE AND ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. ESSE HEALTH 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, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, ESSE HEALTH MAKES NO WARRANTY THAT THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE WILL BE COMPLETE, TIMELY ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE WEB SITE, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS OR INFORMATION DOWLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ESSE HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ESSE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE OR ANY CONTENT, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, DATA OR INFORMATION OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL ESSE HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

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 MAY NOT APPLY TO YOU.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Esse Health which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Esse Health has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Esse Health may have for your breach of this Agreement.

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF ESSE HEALTH, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ST. LOUIS COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

This Agreement and any documents referenced herein constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and use of the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oralor written, between the parties concerning the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable,then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

CHANGES TO OUR POLICIES

Our Terms of Use are intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of the Terms of Use at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at info@essehealth.com. Any changes in Esse Health’s policies will be communicated on this page.

This Web Site is operated by Esse Health. All inquiries may be directed to:

ESSE HEALTH 12655 Olive Blvd., 4th Floor St. Louis, MO 63141 Email: info@essehealth.com

COPYRIGHT AND COPYRIGHT NOTICES

Esse Health respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Esse Health’s Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact Esse Health’s Copyright Agent for Notice of Claims of copyright infringement at: compliance@essehealth.com.