Terms and Conditions
of Your HEALTHLYNX Access Card Membership

This is your Agreement, as a Cardholder, with HEALTHLYNX. It is effective on the date of acceptance of Cardholder's application for enrollment in the HEALTHLYNX Program ("Program").

HEALTHLYNX shall provide Cardholder with a listing of participating providers. Cardholder shall excuse HEALTHLYNX from any liability for errors in such listing. Cardholder is responsible for choice of provider, verification that the provider is a current participant in the Program, and payment for goods or services.

Savings are based on the provider's usual and customary fees, or on national or regional fees for the service or product. Your actual savings will vary depending upon your location and specific products or services purchased. All listed or quoted HEALTHLYNX prices or fees are current prices only and are subject to change without notice. From time to time certain providers may offer certain products or services to the general public at prices lower than the HEALTHLYNX price. In that event, members will always be charged the lower price.

Program benefits may vary in some states. HEALTHLYNX providers are subject to change without notice. The Program may be discontinued or modified at any tine. HEALTHLYNX discounts cannot be used in conjunction with any other discount program.

You may cancel your membership because of a modification. Should you choose to do so, the liability of HEALTHLYNX shall be limited to a refund of membership fees paid for the period subsequent to the modification.

HEALTHLYNX is a discount program only, and is not insurance. No portion of any provider's fee will be reimbursed or otherwise paid by HEALTHLYNX. Cardholder is solely responsible for payment. HEALTHLYNX shall not be responsible for review of any purchase, which is solely between Cardholder and participating providers. HEALTHLYNX's only obligation under this Agreement is to administer enrollment of Cardholders and participating providers.

These discounts have been negotiated with the providers to acquire the best possible discount, much the way large companies do for their employees. HEALTHLYNX does not otherwise guarantee nor is responsible for the quality of such service or products purchased by Cardholder.

HEALTHLYNX may delegate its responsibilities to administrators it may appoint as it deems reasonably necessary to perform its obligations under the Program. Any administrators and participating providers are independent contractors; they are not employees, partners, or joint ventures with HEALTHLYNX.

Term. This agreement shall commence on the 4th business day from the date of enrollment and will be in effect for a period of one (1) year.

Entire Agreement. This is the entire agreement between Cardholder and HEALTHLYNX. Any representation, warranty, promise, or condition not expressly stated here shall not be binding. This Agreement including any schedules or exhibits may be amended only in writing expressing an intent to modify this Agreement. The parties agree that they will make no claim at any time or place that this Agreement has been orally altered or modified.

Governing Law. This Agreement and its interpretation and enforcement shall be governed and controlled by the laws of the State of New Jersey.

Severability. If any part of this Agreement is held to be unenforceable or void for any reasons, it shall be severed from the Agreement, which shall not affect the validity of the remaining provisions.

ERISA. In the event Employee Retirement Income Security of 1974 ("ERISA") applies to a Cardholder's benefits under the Program, this Agreement is not intended to make HEALTHLYNX or its administrators a Program Administrator or fiduciary within the meaning of ERISA.

Effect of Any Ambiguity. The parties have attempted to draft a clear and unambiguous document. In the event they have been unsuccessful, any ambiguity is to be resolved without resort to the presumption that either party drafted any particular section and that any ambiguities in that specific section should thus be construed against that party.

No Third Party Beneficiaries. There are no persons who are intended by the parties to be third party beneficiaries under this Agreement, and no action to enforce the terms of this Agreement may be brought against either party by any person who is not a party hereto.

Arbitration. Any dispute arising from or related to this Agreement shall be resolved by binding, non-appealable private arbitration conducted in accordance with the Rules of the American Arbitration Association in New Jersey. This provision shall survive termination of this Agreement, and its interpretation shall be subject to the Federal Arbitration Act.

Recurring Billing. All enrollments by credit card for either the monthly or annual plan, will be charged automatically upon the plan anniversary date unless otherwise notified by the plan member of cancellation.

Terms and Conditions of HEALTHLYNX website

The content of this site, such as text, graphics, images, user templates, graphic design, and other material including software designed or licensed by the Site Operators to permit users to access this site ("Materials"), are protected by copyright under both United States and foreign laws, and title to the Materials shall not pass to you or any other user. Unauthorized use of the Materials may violate copyright, trademark and other laws. None of the Materials may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted, republished, distributed, or displayed in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), or resold without the prior written consent of HEALTHLYNX.

You are not granted any right to use any Site Operator's servicemarks, trademarks, logos, trade dress (including without limitation the layout of this site) or other marks, and all such items shall remain the property of their respective owners. HEALTHLYNX is a product of BrainyBrawn Inc.

You are authorized to view the material on this site solely for your personal, noncommercial use.

For information obtained from licensed materials appearing on this site, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell, license or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other website or in a networked computer environment for any purpose is prohibited.

If any area of this site expressly permits you to download any Materials, or portions thereof, those Materials will be specified on the page, and your download and use of such Materials shall be governed by the license agreement displayed on the area of the site containing those Materials. Except as set forth in the immediately preceding sentence, you may not (i) retain or distribute any copies of any Materials without the express written permission of HEALTHLYNX (ii) make derivative works of the Materials, (iii) incorporate the Materials in any other web page, whether by framing' or any other means, or (iv) change or modify this site or the Materials thereon except in relation to your personal record(s). All right, title, and interest in and to the Materials and all intellectual property rights therein shall remain with the applicable Site Operator and its licensors, and no ownership interest is transferred by virtue of making the Materials available on this site or granting the foregoing licenses.

Materials are subject to change without notice at the discretion of the Site Operator. If you violate any of these Terms and Conditions of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.