Disclaimer and Lawyers Recommendations

TERMS AND CONDITIONS OF USE

THESE TERMS AND CONDITIONS OF USE ARE AN AGREEMENT BETWEEN DAC CONSULTANTS, LLC ("DAC") AND USERS OF THE HERPESDIAGNOSIS.COM WEB SITE (THE �SITE�). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE, AS WELL AS ALL PROVISIONS, DISCLAIMERS AND DISCLOSURES ON THIS SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE. DAC MAY REVISE AND UPDATE THIS AGREEMENT (THE �AGREEMENT�) AT ANYTIME. YOUR CONTINUED USE OF THE SITE WILL MEAN YOU ACCEPT THOSE CHANGES. THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the Site, such as text, graphics, images, information obtained from DAC�s licensors, and other material ("Content") contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. DAC does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by DAC, DAC employees, others appearing on the Site at the invitation of DAC, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that you find sexually explicit or otherwise offensive. DAC, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

DISCLAIMER OF THE PHYSICIAN LOCATOR.

DAC does not have any ownership or direct financial interest in any of the specific doctors or clinics listed. The physicians listed on this site treat patients with Herpes simplex virus. There are no other listing criteria, and DAC does not endorse, recommend or certify any of these physicians. This list does not include all physicians who treat Herpes. DAC does not guaranty or make any warranties, express or implied, as to the quality of medical service that may be provided by any of the physicians selected by this automatic program. The names of physicians listed in the Physician Locator results are based solely upon the data entered by the user. If the user enters his or her complete phone number or address, the Physician Locator will display the closest doctor to the user's exact location first on the list. If the user enters only an area code or zip code, the Physician Locator will display first on the list [the physician who is closest to the geographical center of the user's area or zip code.]

CHILDREN'S PRIVACY.

DAC is committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. DAC does not collect personally identifiable information from any person it actually knows is a child under the age of 13.

USE OF CONTENT.

DAC authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright 2001 DAC Consultants, LLC. All rights reserved" and other copyright and proprietary rights notices that were contained in the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with DAC or its licensors. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of DAC. All rights not expressly granted herein are reserved to DAC and its licensors.

If you violate any of these terms and conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF DAC AND ITS LICENSORS.

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of DAC and its suppliers. Accordingly, DAC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the content are provided on an "as is" basis. DAC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, DAC, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or DAC.

IN NO EVENT SHALL DAC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAC shall be liable only to the extent of actual damages incurred by you, not to exceed US $10. DAC is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

USER SUBMISSIONS.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted, DAC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license, with rights to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

ADVERTISEMENTS AND LINKS TO OTHER SITES.

DAC does not endorse the content on any third party websites. DAC is not responsible for the content of linked third party sites, sites framed within the Site, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites. DAC does not endorse any product advertised on the Site.

INDEMNITY.

You agree to defend, indemnify, and hold DAC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Site.

COVENANT NOT TO SUE AND WAIVER.

You hereby agrees not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against DAC for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the Physician Locator service. You further hereby waive any and all rights you may have to sue, assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against DAC for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Physician Locator services.

GENERAL.

DAC makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

This Agreement is governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. � 1-567.1 et seq. (the �Uniform Arbitration Act�) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any remaining provision of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the Site, this Agreement constitutes the entire agreement between you and DAC with respect to the use of the Site, and Content. Your use of the Site is also subject to the DAC Privacy Policy [include appropriate link].

Thank you for your cooperation. We hope you find the Site helpful and convenient to use.

� 2001 DAC Consultants, LLC. All rights reserved.