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 EHR Selector for the first time. INFORMATION OWNERSHIP Medical Strategic Planning, Inc. (MSP) warrants that it is either the owner or exclusive legal licensee and provider of all of data, reports, and tools featured on the 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 these copyrighted items to the Subscriber. AVAILABIITY OF THE EHR Selector The 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 hardware and/or computer system software (browsers) with Internet connectivity needed to access the EHR Selector website. MSP will employ all reasonable efforts to maintain twenty-four availability of the 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. NON-TRANSFERABILITY Use of this Program is limited to the individual subscriber (in the case of physicians or 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. 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. 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. USAGE During the term of the Agreement, the Subscriber may duplicate, transmit, and reproduce, in whole or part, reports or query results, provided that the name of the licensed and authorized Subscriber in on them, and they are being submitted to an EHR developer with whom the licensed Subscriber is requesting a response to a request for proposal (RFP) or request for information (RFI), as a means of documenting the EHR functionality that the licensed subscriber seeks in an EHR. Such reports must also carry the following attribution, "the content of the EHR Selector was developed by Caroline Samuels, M.D. and was coded by Medical Strategic Planning, Inc. and HIMSS and this information is copyrighted by MSP, Inc. but being used with permission." This attribution should be clearly and unequivocally stated as such on every such duplications, transmissions, or reproductions and such duplication or transmission will otherwise violate our publisher's Copyrights on the content. In no case may subscribers sell information to non-subscribers or other third parties physician practices, or provide it directly or indirectly to any of MSP's EHR Selector competitors. 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 Cybersource. 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 Cybersource and any flaws in site security are noted and 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 EHR Selector. Therefore using the 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 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 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 items entered by EHR developers, to assure the capabilities asserted by them, actually exist in their delivered systems. MSP has no part in third party vendor verification. Both CSMed or MSP disclaim all warranty for EHR functionality information provided. 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 EHR Selector by any licensed Subscriber and no liability whatsoever to any unlicensed entity using the EHR Selector 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 EHR Selector based on largely unverified data they supplied. INDEMNIFICATION BY SUBSCRIBER Subscriber hereby agrees to indemnify, defend, and hold harmless CSMed, LLC and MSP, its principals, officers, shareholders and employees 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. Thank you for choosing the EHR Selector. Please feel free to contact us with any questions you may have. The EHR Selector was developed by Caroline Samuels, M.D. and has been licensed from CSMED, LLC. Pre-MSP versions of the EHR Selector were developed and programmed by HIMSS. Medical Strategic Planning, Inc. 5 Shelbern Drive, Lincroft, NJ 07738 Telephone: 732.219.5090 X14 FAX: 732.219.5066 Email: info@medsp.com URL: http://www.ehrselector.com