This web site, www.versionnine.com (the "site") is owned and operated by PrimeCare Systems, Inc. ("PrimeCare"). The PrimeCare™ Patient Management System, Version Nine (the Version Nine System) is a multi-tiered information processing system created, developed and maintained by PrimeCare Systems, Inc. The Version Nine System Client (the Version Nine Client) software, which may be obtained from this web site, is the user-level component of the total Version Nine System. By using this web site or the Version Nine System, you (the "user") agree to these terms of use, which govern your use of this site and the Version Nine System. Your continued use of this site acknowledges your agreement to these terms of use, as revised (the "agreement"). Do not use this site or any portion of the Version Nine System if you do not agree to all of the terms of use contained in this agreement. Furthermore, these terms of use may be revised and/or updated at any time. Therefore, you should periodically review these terms of use at this web site because your continued usage of this web site and the Version Nine System will mean you accept those revisions.

1. Limitations. The user hereby acknowledges and agrees that:

a) the site and the Version Nine System are intended solely as physician's productivity enhancement products.

(b) use of the site and the Version Nine System is not intended to, and will never, replace the physician's professional medical judgment and/or knowledge.

(c) the diagnostic considerations, suggestions for tests and lists of treatments, as well as patient education material and physician reference material, contained in this site and Version Nine System are not necessarily complete, may not be current and will not be used as a substitute for the judgment of the physician.

(d) the user assumes total and sole responsibility for verifying all information contained in the site and the Version Nine System before applying it in a clinical setting.

2. Negation of warranty. The site and the Version Nine System are provided on an "as is" basis, and there are no warranties, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose or use or as to the accuracy, completeness or currency of any information contained in the site and the Version Nine System. The user shall be solely, totally and exclusively responsible for the selection, installation, use, efficiency and suitability of the site, and PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants shall have no liability therefor.

3. Negation of proprietary rights indemnity. PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants shall have no liability to the user for the claimed infringement of proprietary rights by the site or any portion thereof.

4. Limitation of liability. In no event shall PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants be liable to the user for any:

a) damages resulting directly or indirectly from, or related to, any failure of the site or the Version Nine System, including, but not limited to, loss of data, or delay of PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants in the availability of the site, or in the performance of services by the Version Nine System.

(b) direct or indirect, special or consequential damages or lost profits arising out of, or related in any way to, the operation of this site or the Version Nine System, even if PrimeCare has been advised of the possibility thereof. Liability of PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants to the user hereunder, if any, shall in no event exceed the total of the license fees paid by the user hereunder to PrimeCare Systems, Inc., during the period corresponding to when such liability accrued.

5. Assumption of risk and liability. The user hereby assumes all risks associated with, and/or arising from, the user's use of the site and the Version Nine System. The user hereby releases and indemnifies PrimeCare Systems, Inc., , its agents, dealers, employees and medical staff consultants from any and all liability, and shall reimburse primecare, its agents, dealers, employees and consultants on demand, for any, and all, costs and expenses (including attorney's fees and expenses) which PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants may incur, as the result of any claims associated with, and/or arising from, either the use by the user of the site or from the enforcement of this agreement. The user agrees that no action, regardless of form, arising out of the transactions under this agreement may be brought by user more than six (6) months after the user knew or should have known of the occurrence of the events which gave rise to the cause of action. The user understands and agrees that the limitation of the liability of PrimeCare Systems, Inc., its agents, dealers, employees and medical staff consultants, stated above, represents a deliberate allocation of risk which affects the price of the site and the Version Nine System. Without this exculpation of liability the price charged by PrimeCare Systems, Inc., would necessarily be much greater. By the use of the site and the Version Nine System, the user expressly accepts the above disclaimers of liability.