B4HEALTH, LLC TERMS OF USE

THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR THE B4HEALTH, LLC (“B4HEALTH”, “WE”, “US” OR “OUR”) WEBSITE TESTWHSN.DEVBID4HEALTH.COM (“SITE”). PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS OF USE”) CAREFULLY. BY USING THE SITE, YOU, THE USER (“YOU”) INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE IN ANY MANNER.

1. Description of Site. “Site” encompasses the B4Health website and all of its content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties. B4Health reserves the right to make any Site changes at any time and without prior notice.

2. Site Ownership . The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site is the property of B4Health and/or third party licensors and all right, title and interest in the Site shall remain with B4Health and/or such third party licensors. Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein. The information on the Site is intended to help you learn about and use B4Health’s services only and may not be used for any other purposes. B4HEALTH and the B4HEALTH logo are trademarks of B4Health.

3. Hyperlinks.

3.1. Your Establishment of Hyperlinks. You may establish a hyperlink (“Link”) from the Site to your website so long as: (i) the page on your website containing the Link properly attributes the Link and does not in any way imply our sponsorship of your website; (ii) use of your website is subject to a privacy policy substantially similar to B4Health’s privacy policy; and (iii) your website does not contain any information that would be considered a violation of the site use restrictions below if placed on B4Health’s Site. Provided, however, that B4Health may revoke your right to place hyperlinks to the Site on your website at any time.

3.2. Hyperlinks are Not Endorsements. A link from the Site to a non-B4Health website does not mean that B4Health endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature.

4. Site Use Restrictions. The Site is for your personal and non-commercial use only. You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site or portions thereof; or (iii) use the Site in any manner that violates any applicable laws, regulations, orders, or other restrictions. Provided, however, that unless otherwise stated by B4Health, you may copy, distribute, transmit, display or reproduce information on the Site or portions thereof in accordance with these Terms and Conditions and subject to the following copyright notice being prominently included on all such information: “Copyright B4Health, LLC 2005. All rights reserved.”

5. Use Monitoring. B4Health is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. We reserve the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in our sole judgment.

6. Terms of Use Changes. B4Health reserves the right to change these Terms of Use at any time at its sole discretion and without notice to you. All Terms of Use changes are effective immediately. Your continued use of the Site following any Terms of Use changes will mean you accept those changes.

7. Termination. B4Health reserves the right to terminate at any time, at its sole discretion, the Site, your use of the Site, and/or your use of B4Health’s services.

8. Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (“Information”). You agree to provide B4Health with correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.

9. Feedback is the Property of B4Health. To the extent permitted by applicable law, any comments or materials (collectively "Feedback") sent to B4Health including but not limited to questions, submissions, suggestions, ideas, postings, comments or the like shall become the property of B4Health upon receipt. B4Health shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation. Further, B4Health shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.

10. Notices and Procedure for Making Claims of Copyright Infringement. B4Health will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for B4Health in accordance with the DMCA: B4Health, LLC, Attention General Manager, 7900 Wisconsin Avenue, Suite #200 Bethesda, MD 20814; Phone: 301.652-0444; Fax: 301-652-5858 E-Mail : Mike.Wheeden@B4-Health.com .

11. Representation and Warranty Disclaimer. THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH B4HEALTH, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY B4HEALTH AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; OR (IX) THAT ALL SERVICES OFFERED BY B4HEALTH OR OUR AFFILIATES WILL BE AVAILABLE IN ALL MARKETS. EFFORTS BY B4HEALTH TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. B4HEALTH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OF USE, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF B4HEALTH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, B4Health’s liability is limited to the greatest extent permitted by law.

12. Indemnification. You will indemnify, defend and hold B4Health harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, arising from your use of the Site.

13. Arbitration. Any dispute arising out of, or relating to, the Site shall be settled by arbitration to be conducted in accordance with the most current version of the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules and Procedures, as found at the website www.jamsadr.com. Proceedings to enforce, confirm, modify or vacate any arbitration award hereunder shall be controlled by and conducted in conformity with the Federal Arbitration Act, 9 U.S.C. Sections 1-16, and not state law. The costs of the arbitration, including the arbitrator's fees, shall be shared equally by the parties; provided, however, that each party shall bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The arbitration will be held in Baltimore, MD. The arbitrator has no authority to award any indirect, incidental, special, reliance, punitive, or consequential damages, including damages for lost profits. The arbitrator's decision shall be final, binding, and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this Section (including non-payment of an award), then the non-complying party shall reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees).

14. Jurisdiction and Venue . THESE TERMS OF USE ARE ENTERED INTO AND GRANTED IN THE STATE OF MARYLAND AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, EXCLUDING ANY LAW OR CONFLICTS OF LAW PRINCIPLE THAT WOULD APPLY THE LAW OF ANOTHER JURISDICTION, AND EXCLUDING THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE ONLY IN THE FEDERAL OR STATE COURT WITH COMPETENT JURISDICTION LOCATED IN BALTIMORE, MARYLAND. YOU CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION.

15. Viewing Outside the United States . B4Health makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

16. B4Health Contact Information . If you have any questions or comments regarding these Terms of Use or the Site, please contact B4Health using one of the options below:

B4Health, LLC

Attention: General Manager

7900 Wisconsin Avenue, #200

Bethesda, MD 20814

Phone: 301.652-0444

E-Mail: mike.wheeden@b4-health.com

Site: TESTWHSN.DEVBID4HEALTH.COM