Thank you for choosing the MSP EHR Selector™. Please feel free to contact us with any questions you may have. The MSP EHR Selector™ was conceived by Caroline Samuels, M.D. and has been licensed from CSMED, LLC. Pre-MSP versions of the MSP EHR Selector™ were developed and programmed by HIMSS. Current code enhancement is by Medical Strategic Planning, Inc. (MSP). SUBSCRIBER USAGE & PRIVACY POLICY Medical Strategic Planning, Inc. has created this Subscriber Usage & Privacy Policy for the MSP EHR Selector™ website (www.ehrselector.com). All Subscribers must read and agree to it before using the MSP EHR Selector™ for the first time. DEFINITIONS For the purposes of this USAGE & PRIVACY POLICY Agreement, the term EHR stands for Electronic Health Record, the term EMR stands for Electronic Medical Record, the term PHR refers to Personal Health Record, the term EMR-lite refers to EMRs offering more limited capabilities, the term EPR stands for Electronic Patient Record, and the term CPR stands for Computerized Patient Record. In this Agreement, the usage of any one of these terms shall imply all of the others, as the MSP EHR Selector™ hosts developers of all such products. The use also implies products used for both physician offices and hospital clinical departments, such as emergency departments, perioperative areas, obstetrical areas, intensive care and general care clinical areas, and diagnostic areas. Medical Strategic Planning, Inc. has created this Subscriber Usage & Privacy Policy for the MSP EHR Selector website (www.ehrselector.com). The term Consultant shall mean an individual or organization that provides advise on EMR, EHR, PHR or healthcare I.T. services for a fee or any other type of remuneration. MSP refers to Medical Strategic Planning, Inc. All Subscribers must read and agree to it before using the MSP EHR Selector™ for the first time. SUBSCRIBER IDENTITY & PRIVACY MSP shall not sell, market or otherwise disseminate the identity of physician subscribers of the MSP EHR Selector™ to any EMR developers, whether or not they are registered EMR developers on this site; however, physician subscribers should be advised that once they choose to request either a demo or product literature from any EMR developer whose system is listed and profiled on this site, the subscriber is choosing to reveal their own identities to the EMR developer(s) they have chosen, because to complete these functions, MSP must e-mail such requests to the subscriber-chosen EMR developer(s) whose systems they have requested information about. Therefore, it is the physician subscriber that determines when EMR developers will become aware of their usage and presence on this website. INFORMATION OWNERSHIP MSP warrants that it is either the owner or exclusive legal licensee and provider of all of data, reports, and tools featured on the MSP EHR Selector™ website (www.ehrselector.com). MSP reserves the right to add, delete, modify, and update the contents of the EHR Selector Program and to enhance or change its selection criteria at any time without notice. By paying for a usage-based Subscription, MSP grants the Subscriber a limited and non-exclusive right to access the site and generate a specified number of non-null vendor selection reports, query results, and other information during the duration of the user’s subscription until their utilization limit is reached. This subscription in no way conveys ownership of this copyrighted information to the Subscriber. AVAILABIITY OF THE MSP EHR Selector WEBSITE The MSP EHR Selector™ is an Internet-based application located on the World Wide Web at www.ehrselector.com. The Subscriber is responsible for providing any necessary computer and networking hardware and/or computer system software (browsers) with Internet connectivity needed to access the MSP EHR Selector™ website. MSP will employ all reasonable efforts to maintain twenty-four availability of the MSP EHR Selector™ website, but is not responsible to provide accessibility in the event of Internet routing or other network failure or during an occurrence of any acts of nature, war, or terrorism, or other event beyond its reasonable control, or during brief periods when updated code versions are being uploaded to the website. NON-TRANSFERABILITY Use of this Program is limited to the individual subscriber (in the case of physicians or EMR consultants) whose principal place of business is the address listed with MSP during the subscription registration process for one practice entity for which an EHR selection is being made. Subscribers may not share or provide login and password information to any non-subscribed third party. Doing so would violate U.S. copyright laws. Subscribers may not extract information from this site and provide it to clients who are not themselves registered subscribers of this site, as doing so would deprive MSP of revenue for use of its copyrighted intellectual property. Medical Strategic Planning, Inc. reserves the right to immediately terminate access privileges of any Subscriber in the event that it establishes that such Subscriber (or if a company, any of its employees) has provided their subscription password information to any unauthorized users (or any non-subscribers). In such cases MSP or CSMed may seek damages for copyright violations of the information accessed by the Subscriber and whatever other party or parties have received illegal access as a result of their actions. This Agreement may not be transferred to or shared with other individuals or business entities. PERMITTED USES During the term of the Agreement, the Subscriber is limited in terms of how information derived from www.ehrselector.com may be used. The Subscriber may duplicate, transmit, and reproduce, reports or query results, so long as all duplicated information has the following attribution - "the content of the MSP EHR Selector™ was conceived by Caroline Samuels, M.D. and programmed originally by HIMSS and currently by Medical Strategic Planning, Inc. All information is copyrighted by MSP, Inc. This information is being used with permission. Release to non-EHR Selector entities, persons or organizations is expressly forbidden and a violation of U.S. copyright laws." and provided that all of the following additional conditions are met: 1) The name of the licensed and authorized Subscriber releasing the information appears on all reports or other information appears on every such duplication, transmission, or reproduction; and 2) The information is being submitted to one or more EHR/EMR developers who are paid and registered EMR developers listed on the www.ehrselector.com website, from whom the licensed Subscriber is seeking a response to a request for proposal (RFP) or request for information (RFI), or request for quotation (RFQ), and the information is used as a means of documenting the EHR functionality that the licensed subscriber seeks from the EHR/EMR developer; or 3) Information may be released in the case of EMR/EHR/PHR or other I.T. consultant who is a paid, MSP EHR Selector Webbsite consultant (not subscriber), using the information exclusively for their own individual physician or an individual physician group practice client, who is both a consultant client and also an MSP EHR Selector™ licensed subscriber, subject to the usage restrictions of this Agreement. (e.g. EMR consultants using data derived from www.ehrselector.com must register each client with whom the information is used by paying the physician registration fee for them, and then access the information for that client, using the the client's ID, not the consultant's ID, so that all usage statistical reports produced by the EHR Selector will remain accurate as to practice specialty and other demographics) of selections being made. USAGE RESTRICTIONS Information may not be released under any circumstances by EHR/EMR/PHR or other I.T. consultants who are authorized subscribers, to any non-subscribers or organizations, nor used for providing consulting services to physician membership or specialty organizations, healthcare advocacy organizations, payer or employer organizations, other general business entities, government agencies, or government-agency contractees; nor to any other individual, entity or organizations that is currently an MSP competitor or could reasonably become an MSP competitor in the future. In no case may any information derived from this site by any subscriber be stored and used for any purposes other than granted to the subscriber, during the time that a subscription is paid and in effect. Upon the expiration of the subscription, the former subscriber may not retain any information derived from the MSP EHR Selector™ or use such information for any purpose whatsoever. SECURE SITE The www.erhselector.com website uses an online secure order form for Subscribers to pay for subscriptions through third party financial intermediaries (currently Cybersource). When Subscriber registration and subscription information is processed through our secure online server, all confidential financial (payment) information is collected only by the payment intermediary and not seen, recorded or archived on the www.ehrselector.com website. Secure sockets layer (SSL) software is used for payment transactions, encrypting all registration and financial information that the Subscriber inputs before it is sent to the www.ehrselector.com website or on to MSP's payment intermediary. All of the Subscriber information collected is thereby protected against unauthorized access to the fullest extent possible by MSP. MSP is in no way liable for attacks on or loss of information from 3rd party financial intermediaries, and maintains none of its subscribers financial information on this site. Further, the site is periodically scanned by contracted, third party, web security firms picked independently by our payment intermediary and any flaws in site security are noted and promptly corrected. WHAT IDENTIFIABLE INFORMATION IS COLLECTED? The Subscriber information that is collected to process your subscription includes contact information (name, mailing address, telephone number, fax number, and/or email address); company information (business name); and financial information (name on account, credit card number, security code and expiration date). The Subscriber’s contact information, company name and billing address information, and financial information from the order form are used to process your request. No customer financial (credit card) information is kept on file by MSP. Subscriber contact information is secured and maintained on the website. It is used by MSP to contact the Subscriber for purposes of completing the services requested by the Subscriber, to update Subscribers regarding their subscription and it is passed on to EHR Developers from whom Subscribers have requested product information, contact or demonstrations - as part of the normal operation of the MSP EHR Selector™. Therefore using the MSP EHR Selector™ may expose Subscriber contact information to be disclosed to qualified EHR developers who meet their EHR search criteria entered. MSP has no 'finders fee' or other sales, leads finder or commission relationship with any EHR developer, and is strongly opposed to such relationships. WARRANTY AND LIMITATION OF LIABILITY Medical Strategic Planning, Inc. is not be liable for the accuracy of any information reported by the MSP EHR Selector™, as all product features used in the feature selection database are assertions by the EHR developer of their system performance. Approximately 90% of the EHR information used by the MSP EHR Selector™ are unverified EHR Developer assertions and may NOT represent the latest or most current functionality of the EHR product as it may currently exist; as it is the sole responsibility of the EHR Developer entering their data to maintain it and assure that it represents the current status of their EHR capabilities for all products. CSMed, LLC. is the third party organization that vets 10% of the most challenging items entered by EHR developers, to assure the capabilities asserted by them, actually exist in their delivered systems. MSP has no involvement in third party vendor verification. Both CSMed or MSP disclaim all warranty for EHR functionality information reported by EMR developers. MSP shall not be liable for any indirect, special, or consequential damages, including, but not limited to loss of revenue, commerce, or future business resulting from the use of the MSP EHR Selector™ by any licensed Subscriber and no liability whatsoever to any unlicensed entity (illegially) making use of any EHR Selector information without a valid subscription. All data available from the EHR Selector is provided on an “as is” basis without warranty. It shall be solely the responsibility of the Subscriber to verify with any selected EHR Developer, the accuracy of the features that EHR Developer has claimed and which led to their selection by the MSP EHR Selector™ based on largely unverified data that EMR developers have supplied. INDEMNIFICATION BY SUBSCRIBER Subscriber hereby agrees to indemnify, defend, and hold harmless CSMed, LLC and MSP, its principals, officers, shareholders, employees and their heirs from any and against all "Claims," which shall mean damages, demands, claims, losses, causes of action, liabilities, lawsuits, judgments, and expenses (including reasonable attorneys’ fees and expenses) brought about by using the EHR Selector to find EHR products that meet Subscriber needs, including Claims arising from or in relation to CSMed’s or MSP’s breach of any term, condition, representation, or warranty contained in this Agreement. This provision as to indemnification shall survive termination or expiration of the Subscription and this Agreement. YOUR CONSENT By using our website, Subscriber consents to the terms of this Agreement. If we decide to change our privacy policy, we will post such changes on this page so that Subscribers are aware of our Privacy Policy, what information we collect, how we use it, and under what circumstances it may be disclosed to third parties. Medical Strategic Planning, Inc. 5 Shelbern Drive, Lincroft, NJ 07738 Arthur Gasch Telephone: 732.219.5090 X20 Fax: 732.219.5066 Email: info@medsp.com URL: http://www.ehrselector.com