TELEHEALTH LEGAL DISCLAIMER 

All individuals visiting, using, contacting or relying upon the services of Aesthetic Assured and its website must read the full legal disclaimer, privacy notice and HIPAA notice as attached. All individuals further agree to be bound by the terms included below. VirtuAll, Inc, and its Provider or Providers are collectively referred to as VirtuAll Inc throughout this Disclaimer, the Informed Consent Documentation, the Terms of Service, and the Web Services Agreement.

GENERAL DISCLAIMERS: YOU ACKNOWLEDGE THAT YOUR USE OF Aesthetic Assured SERVICES, ADVICE, AND RECOMMENDATIONS MUST BE COUPLED WITH YOUR OWN DISCRETION. IF YOU WITHOLD IMPORTANT INFORMATION OR DO NOT FULLY DISCLOSE PERTINENT INFORMATION, YOU PLACE YOURSELF AT RISK.

Aesthetic Assured does not endorse the promotions, products, or services of any third-parties, Aesthetic Assured does not warrant or validate the information of any third party advertisements, promotions, communications or other materials.Aesthetic Assured does not assume any responsibility or liability for the accuracy of information contained in any third party websites. The Providers on the Aesthetic Assured site holds professional licenses issued multiple state entities as a Nurse Practitioner. You can report a complaint, relating to the care provided by the Provider by contacting the Arizona State Board of Nursing: https://www.azbn.gov/discipline-complaints/file-a-complaint-or-self-report/

MEDICAL DISCLAIMERS

Aesthetic Assured does not warrant that interactive audio and/or video consultation is the appropriate course of treatment for your particular health care problem. Aesthetic Assured is not a substitute for your Primary Care Physician. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent or emergency care, you should contact your local emergency services, by dialing “911," immediately.

CONTENT DISCLAIMERS

No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Aesthetic Assured. The information and services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning

questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.

I have read and agree to the terms of this Disclaimer.

INFORMED CONSENT

I voluntarily request and consent to participate in the services offered by Aesthetic Assured., and its Provider or Providers. I acknowledge that I have received a verbal explanation and discussion of the specific services being offered as part of the Aesthetic Assured telemedicine program. The intended outcome, nature, procedures, and benefits of the proposed services have been explained to me, including any risks of not proceeding with the proposed services. I acknowledge that I have the right to participate in decisions regarding my healthcare, including the right to refuse treatment, and to express my preferences about future treatment decisions.

TERMS OF SERVICE 

The telemedicine services you receive from Aesthetic Assured's Nurse Practitioner (the "Provider") are not intended to replace your Primary Care Provider's relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your Primary Care Provider and other Healthcare Professionals as recommended.

There are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:

1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or healthcare decision making by the nurse practitioner (i.e., poor resolution images, poor audio, etc.);

2. Delays in evaluation or treatment could occur due to failure of the electronic equipment;

3. In some instances a lack of access to all of your medical records on your failure to fully disclose your medical history and conditions may result in adverse drug reactions or allergic reactions or other judgment errors; and,

4. Although the electronic systems VirtuAll Inc uses will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.

By accepting these terms of service you acknowledge that you understand and agree with the following:

1. You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;

2. You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received VirtuAll Inc's privacy practices which describe these protections in more detail;

3. You understand that you are fully responsible for payment;

4. You understand your Provider, in her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the VirtuAll Inc platform;

5. You understand that you had the opportunity to ask questions about the services and treatment provided through the VirtuAll Inc telemedicine program, and you acknowledge that you have sufficient information to give genuine, informed consent; and,

6. You acknowledge that informed consent is voluntary and may be withheld or withdrawn at any time.

BASED UPON REVIEW OF THE ABOVE, THE UNDERSIGNED CERTIFIES:

I HAVE READ AND UNDERSTAND THIS INFORMED CONSENT AND TERMS OF SERVICE; I HAVE READ AND HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT THIS INFORMED CONSENT FORM AND THE TERMS OF SERVICE AND THE WEB SERVICES AGREEMENT AND I FULLY UNDERSTAND ITS CONTENTS; I AM THE PATIENT OR I AM THE LEGAL REPRESENTATIVE OF THE PATIENT, AND I AM AUTHORIZED TO SIGN THIS AGREEMENT ON BEHALF OF THE PATIENT; AND, GIVE THIS INFORMED CONSENT VOLUNTARILY. BY CLICKING "ACCEPT", YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF VirtuAll Inc'S TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

WEBSITE SERVICE AGREEMENT

Welcome to Aesthetic Assured's Website End User Agreement.

PLEASE READ THE FOLLOWING CAREFULLY:

1. Services Provided. VirtuAll Inc provides a technology platform and infrastructure to connect individuals with its participating Nurse Practitioner (the "Provider") in real time via live streaming interactive audio and/or video for the purpose of participating in a health care consultation. VirtuAll Inc does not provide other licensed professionals.

Use of this site is NOT FOR EMERGENCIES. VirtuAll Inc's site and services are NOT FOR use for medical EMERGENCIES or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on VirtuAll Inc's site. IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 911, IMMEDIATELY.

As noted previously, your interaction with the Provider is not intended to replace your relationship with your Primary Care Physician, and VirtuAll Inc's Provider reserves the right to deny care, as appropriate.

2. Prescription Policy. Provider may prescribe medications when medically indicated in her sole professional judgment, however, due to varying state laws, prescriptions may not be available in your state, VirtuAll Inc is not a drug fulfillment warehouse. In the event that a Provider prescribes a medication, she will comply with all applicable federal and state laws and will only prescribe a medication as determined appropriate in her sole discretion and professional judgment. VirtuAll Inc nor the Provider guarantees that Provider will issue a prescription. NOTE: Prescriptions for DEA controlled substances or scheduled medications, non-therapeutic drugs and certain other drugs, which may be harmful because of their potential for abuse, are not available via the VirtuAll Inc platform or through its Provider.

Prescription advice and services that you acquire from the Provider must be solely for the Patient's personal use, and Patient to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

3. Persons under the age of 18. Persons under eighteen (18) years of age are not eligible to use the features, services or rely upon the advice of VirtuAll Inc Provider. Persons under the age of eighteen (18) must acquire authorization from a parent or legal guardian to use Aesthetic Assured services.

4. Account Enrollment, Eligibility and Security. In order to access the Site and VirtuAll Inc's Services, you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability, on behalf of yourself, to agree to Aesthetic Assured's Terms of Service, register for the Aesthetic Assured Services under your own name and to use the Aesthetic Assured Services in accordance with User Agreement and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your Aesthetic Assured Account, including, but not limited to, providing your name, mailing address, phone number, email and password, which become your Aesthetic Assured ID and credentials. Your VirtuAll Inc ID and/or credentials are personal to you and you are solely responsible for maintaining the confidentiality of your VirtuAll Inc ID and credentials, and for all activities that occur under such VirtuAll Inc ID and credentials. You agree to prohibit anyone else from using your VirtuAll IncD and credentials and you agree to immediately notify VirtuAll Inc of any actual or suspected unauthorized use of your VirtuAll Inc ID or credentials or other security concerns of which you become aware. In order to determine your compliance with these Terms of Service VirtuAll Inc reserves the right, but not the obligation, to monitor your access to and the use of the Site and Services. VirtuAll Inc may, in its sole discretion, refuse to provide VirtuAll Inc Services for noncompliance with its Terms of Service, its User Agreement and/or any other actual or potential misuse of your account or the VirtuAll Inc Services. VirtuAll Inc recommends that you do not access your account or the VirtuAll Inc Services from a public computer. In no event and under no circumstances shall VirtuAll Inc be liable to you for any liabilities and/or damages arising out of the release of your account information to third parties. VirtuAll Inc recommends that you do not store your account password through your web browser or other software.

5. Fraud Prevention and Security. VirtuAll Inc may contact you by telephone, mail or email to verify your VirtuAll Inc account information. VirtuAll Inc may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within ten (10) days of the request, VirtuAll Inc reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by the Patient to VirtuAll Inc as requested.

6. Modification to Terms of Service. Please print and keep a copy of your VirtuAll Inc documents. VirtuAll Inc reserves the right to periodically modify its Agreements, for any reason, and without notice. The most current version of the Agreements can be accessed at any time by selecting the Agreements link on the bottom of the Site. Please review the Agreements often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised terms or changes on VirtuAll Inc's website. Unless VirtuAll Inc expressly notes otherwise, these terms incorporate and supersede any other terms associated with VirtuAll Inc's Services. Your continued use of the VirtuAll Inc Site and/or VirtuAll Inc Services constitutes an acknowledgment of such changes and agreement to be bound by any revised terms. VirtuAll Inc has the right to limit, suspend, discontinue or deny your access to and use of this Site and its Services at any time, and without notice, to anyone who violates any term.

7. Information Provided by You. As part of accessing VirtuAll Inc's Services, you must provide certain personal and medical information. Additionally, it is your responsibility to update VirtuAll Inc as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified at the email address provided by you that information may be available for your review that is considered time-sensitive, including but not limited to, medical information, diagnosis, and lab results. Please keep this in mind when determining which e mail address you offer as a contact point. You are obligated to provide us the following information:

• Changes in e-mail address

• Change of address

• Change of phone number

• Changes in medical condition or symptom(s)

• Change of credit card number

• Change of credit card expiration date

• Change of banking information

8. Electronic Medical Record. Your VirtuAll Inc Electronic Medical Record (“EMR") is created for you to enter, store and access your personal health information online, including your medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of medical encounters with you in accordance with her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of the interactive audio and/or video consultation becomes part of your EMR. You agree to provide accurate, current and complete information about yourself for your EMR, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your EMR, please see our Privacy Policy. It is your responsibility to confirm any third party information in your EMR. Subject to retention and destruction requirements imposed by law, VirtuAll Inc reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the VirtuAll Inc Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your Nurses' obligation to use and disclose the information included in your EMR in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through VirtuAll Inc's Site, you agree to disclose the contents of your complete EMR to the Provider who will conduct your consultation.

9. Limitations on Use. You agree that you will not use VirtuAll Inc's Services as a substitute for any service that must be provided to you by your regular physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as required by your health care plan. You will not use the Site or VirtuAll Inc Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of VirtuAll Inc to impersonate another person or misrepresent authorization to act on behalf of others or VirtuAll Inc. All messages transmitted via VirtuAll Inc should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of VirtuAll Inc, its Partners or Affiliates, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect Personal Health Information about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. VirtuAll Inc maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

10. Operational Functionality. VirtuAll Inc reserves complete and sole discretion with respect to the operation of the Site and VirtuAll Inc Services. VirtuAll Inc may, among other things withdraw, suspend or discontinue any functionality or feature of the VirtuAll Inc Site or Services. VirtuAll Inc is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. VirtuAll Inc is not responsible for maintaining information arising from use of the Site or in respect of the Services. Subject to applicable law, VirtuAll Inc reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Site or in connection with the Services in accordance with its internal record retention and/or destruction policies.

11. Intellectual Property. With the exception of your VirtuAll Inc EMR, VirtuAll Inc retains all right, title and interest in and to VirtuAll Inc, the Site, its Services and any Information, products, documentation, software or other materials on the Site, as well as any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to VirtuAll Inc in which the licensor retains all right, title and interest. The information available through the Site and the Services is the property of VirtuAll Inc, or if licensed by VirtuAll Inc, the licensor. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of the Terms of Service will be prosecuted to the fullest extent of the Law in the federal and state courts located in Arizona. Whether a violation of any policies in this Agreement or VirtuAll Inc's Terms of Service has occurred is at the sole discretion of VirtuAll Inc. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by VirtuAll Inc or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

12. International Use. The Services are designed for and intended for users in the United States. VirtuAll Inc makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States or in all territories within the United States. Accessing the Services from territories where the content is illegal is prohibited.

13. Service Reliability and Warranties. VirtuAll Inc makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by VirtuAll Inc employees. VirtuAll Inc is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

VirtuAll Inc will take commercially reasonable precautions to protect against failure of our equipment and software. The Patient acknowledges and agrees that temporary interruptions in service may occur, and that VirtuAll Inc shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Patient acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. VirtuAll Inc may perform regular back-ups of all data stored, but shall have no liability to the Patient in the event all data is lost or destroyed. The Patient acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.

14. Indemnification. You agree to indemnify, defend and hold harmless VirtuAll Inc, its Provider officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, your violation of the Terms of Service or this Agreement.

15. Limitation of Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VirtuAll Inc OR ITS PROVIDER, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

To the extent that VirtuAll Inc may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

16. Third Party Protection. The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of VirtuAll Inc, its Provider and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

17. Termination and Survival. VirtuAll Inc may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms of Service, or the intellectual property protections applicable to these Services (Defined Above). VirtuAll Inc may also seek legal prosecution of any violations of law or these Terms of Service and you agree to personal jurisdiction by the Courts in the State of Arizona. Upon notice of termination of Services by VirtuAll Inc to you via contact e-mail to your VirtuAll Inc account and contact e-mail account provided in Customer's personal information, or voluntary termination of service by Customer, VirtuAll Inc has the right to delete all data, files, or other information that is stored in the Customer's account for any reason. The Indemnification, limitation of liability, copyright, jurisdiction, warranty waiver, network security, compliance with anti-spamming laws and privacy terms and conditions stated herein shall survive termination of this Agreement.

18. Fees and Applicable Charges. You agree that you are solely responsible for all administrative fees, subscription fees and consultation fees for Services, pursuant to the schedule of subscriptions and fees set forth on the Site. If your employer or agency has arranged with VirtuAll Inc to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with VirtuAll Inc, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your physician or health plan to determine if any Services are covered. As further consideration for the Services, you agree to provide certain current, complete and accurate information about them, including valid credit card information, as required by the sign-up for Services and maintain and update this information as needed to keep it current, complete and accurate. By completing and submitting the sign-up form, you represent that the statements in your application are true and accurate. You agree that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. VirtuAll Inc reserves the right to modify the pricing structure at any time and implement the new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service. You understand that Services may not be provided or that scheduled consultations may be cancelled if your credit card information is inaccurate or invalid. VirtuAll Inc may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy.

19. Force Majeure. Notwithstanding anything herein to the contrary, VirtuAll Inc shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.

20. No Third Party Rights. Unless expressly granted in these Terms of Service or in the Privacy Policy, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Service or the Privacy Policy on any persons other than you, VirtuAll Inc and its Affiliates, Nothing in these Terms of Service and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to you, VirtuAll Inc or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, VirtuAll Inc or its Affiliates.

21. Assignment. You may not assign, transfer or delegate these Terms of Service, this Agreement or the Privacy Policy or any part of them without VirtuAll Inc's prior written consent. VirtuAll Inc may freely transfer, assign or delegate all or any part of these Terms of Service and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Service and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

22. Privacy. By accepting these Terms of Service, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy and Notice of Privacy Practices, which is incorporated herein and made part of these Terms of Service by reference.

23. Governing Law, Jurisdiction, and Venue. These Terms of Service and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to

these Terms of Service or Privacy Policy shall be brought in the applicable Federal or State court located in the State of Arizona. Each Party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court.

24. Enforcement Costs. If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Service or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Service or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

25. Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Service, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver,

26. Severability. The provisions of this Terms of Service are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

27. Spam and Compliance with Anti-Spamming Laws. VirtuAll Inc has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any of your employees, agents or affiliates to: market, promote or solicit VirtuAll Inc products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agree to indemnify and hold VirtuAll Inc and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold VirtuAll Inc and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against VirtuAll Inc or any of its Affiliates, by anyone arising out of an alleged violation by you or as a result of your VirtuAll Inc account of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.

28. Entire Agreement. The Terms of Service and this Agreement, together with any VirtuAll Inc rules or policies referred to herein, represents the entire agreement between you and VirtuAll Inc concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. VirtuAll Inc may modify this Terms of Use as set forth above.