Applicant/Member Terms and Conditions:
It is agreed:
Applicant authorizes and directs MDOL, Inc. hereinafter “MDOL” or “Medical Directives On Line”), its agents and employees to inform anyone inquiring as to the existence of an individual’s medical directives in our database, and/or upon providing the Applicant’s Last Name and Social Security number or Last Name and MDOL Identification Number (located on the member’s MDOL ID Card), to provide additional emergency contact information and copies of the Applicant’s stored medical directives (Living Wills, Healthcare Powers, or other related documents);
Applicant agrees that it is Applicant’s responsibility to ensure that their application for enrollment and healthcare documents reach MDOL headquarters safely and in good condition and agree that their enrollment is not complete and effective until their application and healthcare documents have been reviewed, accepted by MDOL and posted to the www.medicaldirectives.com website. Receipt by Applicant of their Welcome Letter and Identification Card from Medical Directives On Line shall serve as their notification of acceptance. Applicant further agrees that it is Applicant’s responsibility to review their information and documents online for accuracy once they have been notified of posting and to modify their information and/or replace their medical directives on an as needed basis.
Applicant agrees to notify Medical Directives On Line within 30 days of any change in, or revocation of, a stored medical directive. Applicant also agrees to notify Medical Directives On Line within 30 days of any changes in any of the contact information (names, addresses, phone numbers and e-mail addresses) included on the enrollment form.
NO WARRANTIES; LIMITATION OF LIABILITY, HOLD HARMLESS
By accepting this Application and the undertaking prescribed to it hereunder, neither MDOL nor its agents or employees are rendering, or undertake to render, any legal or medical advice to the Applicant or recipients of information pursuant to inquiry to MDOL, including without limitation the contents, validity, enforceability, interpretation or construction of the provisions of the Applicant’s Living Will, Durable Power of Attorney for Health Care, other medical directives and any and all other documents and information which may be submitted at any time and which may pertain thereto;
MDOL does not make, and hereby disclaims, any and all express and/or implied warranties regarding the MDOL products and services or any materials provided by MDOL pursuant to this Agreement, including without limitation warranties of merchantability, fitness for a particular purpose, and noninfringement, and any warranties arising from a course of dealing, usage, or trade practice. MDOL does not warrant that the documents submitted Applicant are accurate, current, or suitable for any specific purpose. Medical Directives On Line’s responsibilities are limited to the storage and dissemination of the Applicant’s Living Will, Durable Power of Attorney for Health Care, other medical directives and other documents and information, as submitted to us by Applicant;
In no event will MDOL be liable to Applicant or others for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages arising from or related to this Agreement, even if advised of the possibility of such damages, whether under theory of contract, tort (including but not limited to negligence), strict liability or otherwise;
FOR AND IN CONSIDERATION for the opportunity to enroll and continue as a member of Medical Directives On Line, the covenants hereof and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, Applicant agrees not to bring legal action against MDOL, Inc, its officers, directors, stockholders, employees, parents, subsidiaries, affiliates and its and their heirs, executors, administrators, successors and assigns based on any transmission, lack of transmission or inappropriate use of the documents stored and information stored at Medical Directives On Line; and Applicant further hereby covenants to defend, indemnify and hold harmless MDOL, Inc., its officers, directors, stockholders, employees, parents, subsidiaries, affiliates and its and their heirs, executors, administrators, successors and assigns from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, (including without limitation attorneys’ fees and expenses) imposed upon or incurred by or asserted against MDOL, Inc., its officers, directors, stock holders, employees, parents, subsidiaries, affiliates and its and their heirs, executors, administrators, successors and/or assigns by reason of: (a) the dissemination of copies of Applicant’s Living Will, Durable Power of Attorney fir Health Care, other medical directives and other documents and information pertaining thereto on such terms as MDOL, in its sole discretion, may require upon inquiry by anyone, including without limitation healthcare providers, private and public insurance carriers and medical expense payors and related entities; (b) the refusal to disseminate any or all such copies and information upon belief, in the sole determination of MDOL, its agents and employees, that such inquiry is either unreasonable or improper; and (c) the temporary lack of availability of access to the web site due to Internet-related failures beyond the direct control of MDOL.


