Site Use Agreement

Note to Site Use Agreement: You are entitled to have access to the online global health and safety resources and features ("GH&SR") brought to you by Highway to Health, Inc. d/b/a HTH Worldwide ("HTH"), as an insured member of the Scholars Health Program. Your online access to the HTH features shall be exclusively through www.sholarshealthprogram.com (the "Scholars Health Program Site"). Prior to accessing the GH&SR you must accept the terms of use set forth in this Site Use Agreement. If you agree to what you read below, you should click on the button that says "I Accept the terms of the Site Use Agreement - Enter" By doing so, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written and binding contract.

You will be asked to register and will select a Password (you shall be referred to herein "Registered Users"). You acknowledge, agree, and warrant that if you are a Registered User you will not provide access to your Password to any other individuals. You agree that any user of your Password is bound by the terms set forth in this Agreement and that you will use the interactive resources in a manner consistent with applicable laws and regulations and in accordance with the terms in this Agreement.

1. Relationship Between HTH and other Entities
You that your access to the GH&SR is pursuant to your status as an insured member under the Scholars Health Program through Brit Insurance Limited ("Brit") and Clements International ("Clements") (collectively, Brit and Clements shall be referred to herein as the "Insurance Company"). You acknowledge that HTH and the Insurance Company are separate entities. Your use of the GH&SR shall be subject to the terms and conditions of this Agreement which is a contractual agreement between you and HTH. No other corporate entity is a party to this Agreement

2. Agreement Between You and HTH
HTH's range of online GH&SRinte, include the following: (i) "CityHealth Profilessm" provide information about healthcare services in destinations around the World; (ii) "Find a Provider" provides you with the ability to research and identify healthcare "Providers" who have been selected by HTH to participate with HTH; (iii) "Medical Translation Guides" will help you obtain local prescription and over-the-counter drug translations and medical terms and phrase translations; (iv) "Security Profiles" contain destination based security information; (v) "Travel News & Features" contains news stories and features which are relevant to an international assignee and traveler; and (vi) any such other tools, services or resources developed or made available by HTH (collectively, any and all such tools, services and resources which are currently available and those which may become available in the future shall be referred to as Global Health & Safety Resources "GH&SR").

Use of the GH&SR constitute acceptance to the terms and conditions set forth herein. The services and features may be delivered to you in a variety of ways, including: (i) direct access through the Scholars Health Program Site; (ii) through a link from a co-designed, co-branded website; and/or (iii) in some cases, through a customer service representative (Service Representative).

For the purposes of this Agreement, all such forms of delivery of the GH&SR shall be deemed to be through the Scholars Health Program Site and subject to the terms of this Site Use Agreement, no matter what form of delivery is actually utilized.

3. Use of the Global Health & Safety Resources
You agree not to use the GH&SR, the information (including information about healthcare providers) and data of any nature whatsoever contained in the GH&SR (all such information and data shall be referred to as the "Content") or the Scholars Health Program Site for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement. The Content and the Scholars Health Program Site contains valuable, proprietary content owned by HTH that is protected by state, federal, and international law, including, without limitation, copyright and trade secret laws. You may use such proprietary information solely in connection with your personal, non-commercial use of the GH&SR. Any other use is strictly prohibited.

Certain Registered Users will have the ability to communicate appointment requests to Providers (the "Appointment Request Feature"). The Appointment Request Feature is provided solely to assist you to request and to schedule legitimate medical appointments with Providers. Any speculative, false or fraudulent appointment requests are strictly prohibited. You understand and agree that overuse or abuse of the Appointment Request Feature may result in your being denied access to the Appointment Request Feature.

4. Security of the Scholars Health Program Site; Use of the Internet
HTH makes reasonable efforts to maintain security of the secure server and will therefore be protected by the Secure Socket Layer (SSL) technology, utilized by most popular browsers, including Netscape and Microsoft Explorer. This technology allows HTH to use advanced encryption tools to protect information transmitted between your computer and our server. Through encryption, the personal information you enter such as you name, address, birth date and information related to why you are requesting an appointment with a physician or other healthcare provider, is converted into code so that it cannot be read as the information travels over the Internet. Despite HTH's reasonable efforts to maintain security, you acknowledge that use of the Internet is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Actual or attempted unauthorized use of the Scholars Health Program Site or the information provided by you or other parties in connection with the GH&SR may result in criminal and/or civil prosecution. For your protection, HTH reserves the right to view, monitor, and record activity on the Scholars Health Program Site without notice or permission from you. Any information obtained from monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity relating to the Scholars Health Program Site. HTH will also comply with all court orders involving requests for such information.

5. Confidentiality of Information; Authority to Release Information to Providers; Use of Cookies
HTH acknowledges that, in connection Registered Users' use of Global Access Servicessm (i.e. Appointment Request Feature), some of the information you will provide, either directly through the Scholars Health Program Site or to the Service Representative, is personal. Any and all information which you provide shall be used by HTH and/or by the Insurance Company solely in connection with the Scholars Health Program.

You acknowledge and agree that any and all information which you provide to HTH relating to an appointment request (either directly onto the Scholars Health Program Site or to the Service Representative) may be communicated (by phone, fax or e-mail using the Internet) to a Provider designated by you (which may include such Provider's office staff, appointment scheduling assistants, etc.). You acknowledge and understand that, despite the precautions set forth in this Agreement, HTH does not guarantee the confidentiality of such information. You agree to waive any rights of privacy protection, provided under federal, state or local law in connection with such authorized communications.

Even though the information you provide to HTH and/or a Provider during the appointment request process may relate to your medical condition(s), you acknowledge and agree that such information shall not constitute a medical record. As a condition to and in consideration of your ability to utilize the Scholars Health Program Site, you agree that HTH shall have the authority to release (by way of telephone, fax, and/or e-mail using the Internet) any and all information which you provide, of any nature whatsoever, including but not limited to information relating to any physical and mental conditions (including, if applicable, information relating to AIDS, HIV status, and/or your psychiatric records/information) to the Provider(s) which you designate, whether or not you are ultimately seen by such Provider.

HTH uses "cookies" in connection with your use of the Scholars Health Program Site. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser so that we recognize your acceptance to the terms of this Agreement during your visit and in some cases when you return to the Scholars Health Program Site.

6. Provider/Patient Relationship
You understand that in connection with certain features of the GH&SR, HTH serves only as an intermediary that facilitates connections between Providers and patients. You acknowledge that none of the Providers are employed by or affiliated with HTH or the Insurance Company, in any way, other than with respect to their agreement to accept requests for appointments from HTH. You acknowledge that the Providers are not obligated to satisfy your appointment requests and that HTH cannot guarantee that your appointment requests will be satisfied. In addition, you acknowledge that you are under no obligation to accept appointment once it has been offered by a Provider. You acknowledge and understand that, if you are in need of emergency medical services, you should contact the local emergency medical services. HTH cannot be relied upon to make appointments in any particular timeframe. You acknowledge that any Provider which you chose to see has the sole responsibility for the professional care provided to you. HTH assumes no responsibility or liability, of any nature whatsoever, for any claims, including but not limited to medical malpractice claims, which may result from your interaction with a Provider.

You acknowledge and agree that HTH is not a medical referral service, and does not recommend or endorse any particular doctors, dentists, healthcare providers, hospitals, medical clinics, physician practices, or medical services of any kind. HTH does not offer advice regarding the quality or suitability of any particular medical treatment or remedy for any medical condition. The Content contained in the GH&SR should not be construed, in any manner, as health or medical advice. You also understand that in inviting and accepting healthcare Providers for participation in the HTH Community of Providers, HTH relies, in part, upon information provided by third-parties, including information provided by the Providers themselves. HTH is not and cannot be held liable or responsible for inaccurate, incomplete, or misleading information (collectively, "misinformation") given to it by third parties, whether or not HTH could have discovered such misinformation. HTH does not maintain malpractice insurance coverage on behalf of any of the Providers.

You understand that HTH is not responsible or liable for any costs, expenses, or charges, of any nature whatsoever, in connection with the professional services provided to you by a Provider.

7. Terms of Use; Legal Disclaimer
Use of any of the Content and use of the Scholars Health Program Site is entirely at your own risk. The Content and the Scholars Health Program Site are all provided "as is", without warranty of any kind, either express or implied to the maximum extent permitted by applicable law, including without limitation: (1) any warranties concerning the accuracy, completeness, reliability or availability of Content, products, services or results; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose.

Utilization of any of the healthcare Providers which participate with HTH or any other entities referenced in the Content or on the Scholars Health Program Site shall be at your sole discretion. HTH expressly disclaims all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the healthcare Providers or other entities referenced in connection with the GH&SR or the Scholars Health Program Site.

Any references to Providers or other entities in the Content, whether or not they participate in the HTH Provider Community, on the Scholars Health Program Site, or in connection with the GH&SR, do not constitute or imply endorsements, recommendations or referrals by HTH. The Providers do not endorse the HTH Provider Community and are not affiliated with and/or endorsed by each other. In addition, you acknowledge that the Content may not be comprehensive and that there may be healthcare services or Providers other than those referenced in the Content or the GH&SR or participating in the HTH Provider Community that meet your medical needs.

Neither HTH nor any of its employees, agents, directors, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors and assigns will be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits, and damages that result from inconvenience, delay, or loss) arising out of use of, or inability to use, the Content, the GH&SR or the HTH Website, even if HTH has been advised of the possibility of such damages or losses and regardless of whether such damages are caused by negligence, gross negligence, and/or recklessness.

HTH expressly disclaims all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the healthcare Providers or other entities referenced in the Content, on the Scholars Health Program Site or participating in the HTH Provider Community. You agree to look solely to such Providers or entities, not HTH in regard to any legal claims of any nature or other matter whatsoever arising out of such interactions.

HTH is not liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The Scholars Health Program Site and/or the Content may contain links to websites operated by parties other than HTH. Such links are provided for your reference and convenience only. You acknowledge and understand that HTH does not control such websites and you agree that HTH is not responsible for the content of such websites. HTH's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association or affiliation of any nature with their operators.

All Content is: Copyright (c) 1998 - 2007 Highway to Health, Inc., 933 First Avenue, King of Prussia, Pennsylvania 19406 U.S.A. and/or its suppliers. All rights reserved. HTH also owns a copyright in the Scholars Health Program Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of its content. Your use of the Scholars Health Program Site, is for your personal and noncommercial use. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Scholars Health Program Site, with the following exception: You may display, print, and store one electronic copy of content provided for your personal use. You may not, without HTH's written permission, "mirror" any material contained on the Scholars Health Program Site on any other server.

Please be aware that HTH actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

8. General
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Philadelphia, Pennsylvania, U.S.A., in all disputes arising out of or relating to the use of the GH&SR and/or the Scholars Health Program Site. Use of the GH&SR and/or the Scholars Health Program Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision that most closely matches the intent of the original provision and remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and HTH with respect to your use of the Content and the GH&SR and it supersedes all prior or contemporaneous communications of any nature between you and HTH. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

In your individual capacity you: (i) represent and warrant that you are at least 18 years of age and that you possess the legal authority to enter into this Agreement (for you and on behalf of your family members, if applicable) and to use the GH&SR in accordance with the terms and conditions of this Agreement; (ii) represent and warrant that all information supplied by you in registering and utilizing the GH&SR is true and accurate; and (iii) Registered Users agree to supervise all usage of the GH&SR by any party utilizing your Password.

9. Term and Termination
For Registered Users, the terms and conditions of this Agreement will take effect upon execution (when you click on the button that reads "I Accept the terms of the Site Use Agreement - Enter"). The term of this Agreement is for as long as your Password remains active.

For all other site visitors, the terms of this Agreement shall apply to the term of each site visit

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