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Terms and Conditions of Use

Welcome to the web site ("Site") for Street Locus. Street Locus is a trademark of MediRate Inc.

Access to the Site
By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use ("Terms and Conditions of Use"), including the privacy policy ("Privacy Policy") and to comply with all applicable U.S. laws and regulations. In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. Street Locus reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms as "Additional Terms") will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

Acceptable use of the Site
You may link to the initial (home) page of our site. However, you may not link to any other page of our Site without the expressed written approval of Street Locus. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by Street Locus in writing. You agree not to remove any copyright notices, credits, or other material used to identify Street Locus content or Site pages. We post legal notices and various credits on pages of the Site, which may not be removed even in your permitted copies. Please do not remove these notices or credits, or any additional information contained along with the notices and credits.

You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network.

Street Locus may issue group and/or individual accounts, passwords, and/or unique identifiers that restrict access to certain content of the Site. You agree to take reasonable precautions to prevent others from breaching, hijacking, or otherwise misappropriating any group account, individual account, password, or identifier issued to you by Street Locus. You agree not to transfer or accept any such account, password or identifier that allows access to restricted content of the Site without the expressed written consent of Street Locus. Street Locus reserves the right to investigate any occurrence which may involve violation of this agreement, including the right to seek civil and criminal remedies for any such violation.

You represent and warrant that any information and/or material you post or provide to STREET LOCUS by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site ("Submissions"), is truthful, accurate, not misleading, not confidential property of others, nor in violation of any other third party's rights and is offered in good faith. You agree not to use the Site for or in connection with any illegal purpose, sexually explicit, hateful (whether racial, ethnic, gender, sexual orientation) or towards the defamation of any particular person or group.

Third Party Intellectual Property Rights

Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to: (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. Furthermore, unless otherwise expressly provided, you acknowledge and agree that: (a) all Submissions will become property of STREET LOCUS; (b) Street Locus has the right to publish the Submissions for any type of use including for promotional and advertising purposes, in accordance with the terms set forth in the Privacy Policy, without compensation to you of any kind; (c) any Submissions that you submit to any part of the Site are non-confidential for all purposes; and (d) that if you make any such Submission, you automatically grant, represent and warrant that the owner of such content has expressly granted Street Locus a royalty-free, perpetual, irrevocable, world-wide exclusive license to use the Submissions in any manner, media or form now known or hereafter developed. Street Locus shall have the right to sublicense its rights through multiple tiers of sublicenses. For purposes of these Terms, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

Ownership

All content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of Street Locus, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of Street Locus and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading or printing copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to Street Locus.

Warranty Disclaimer

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. STREET LOCUS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, NOT DISCONTINUED OR ERROR-FREE. STREET LOCUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, STREET LOCUS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. STREET LOCUS DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. STREET LOCUS CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES STREET LOCUS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.

Limitation of Liability

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, STREET LOCUS’ NEGLIGENCE, SHALL STREET LOCUS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF STREET LOCUS OR AN AUTHORIZED STREET LOCUS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL STREET LOCUSÕ TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS STREET LOCUS AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

Governing Law and Arbitration

The laws of the State of Massachusetts (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Boston, Massachusetts under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, U.S.A.

Waiver and Severability Furthermore, no delay or omission by STREET LOCUS to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by STREET LOCUS. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

Electronic Contract You agree that these Terms combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print and review these Terms.