TERMS AND CONDITIONS/USER LICENSE AGREEMENT

PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE ACCESSING THIS WEBSITE OR ANY RELATED OR LINKED WEBSITE OR BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE, MOBILE APPLICATION OR SERVICES PROVIDED BY ALLONE MOBILE CORPORATION.

BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DECLINE THIS AGREEMENT, THEN CLICK ON THE "I DO NOT AGREE" BUTTON OR EXIT THE SITES, AND YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE ALLONE ONLINE SOFTWARE.

AllOne Mobile Corporation ("AllOne") may revise and update these Terms and Conditions at any time. It is Your responsibility to review the Terms and Conditions and related policies each time you access the Website. Your continued usage of the Website will mean you accept any changes.

AllOne provides access to the AllOne Online Software to You subject to the following Terms and Conditions. AllOne reserves the right to terminate the license granted herein or cancel Your Membership Account if you should violate any provision of these Terms and Conditions, or any other posted policy on the Website.

The contents of this Website, including the text, graphics, images, and information obtained from content providers, sponsors, suppliers, licensors and contractors (collectively "Contractors"), and any other materials are to be used for informational purposes only.

I.   WEBSITE AND SERVICES NOT MEDICAL ADVICE
THE ALLONE ONLINE SOFTWARE PROVIDED IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, MEDICAL TREATMENT, OR AS A MEANS TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY.

THE ALLONE ONLINE SOFTWARE SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR HEALTH CARE PROVIDER. THE ALLONE ONLINE SOFTWARE MAY NOT ACCOUNT FOR YOUR INDIVIDUAL HEALTH CONDITION AND ARE NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF YOUR HEALTH CARE PROVIDER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER ON YOUR MEDICAL CONDITIONS OR GENERAL HEALTH.

NEITHER YOU NOR YOUR HEALTH CARE PROVIDER MAY USE THE ALLONE ONLINE SOFTWARE TO DIAGNOSE A HEALTH PROBLEM OR DISEASE, OR AS A MEANS OF DETERMINING THE APPROPRIATE COURSE OF TREATMENT. ALLONE ENCOURAGES YOU TO ADVISE YOUR HEALTH CARE PROVIDER THAT YOU ARE UTILIZING THE ALLONE ONLINE SOFTWARE AND TO SHARE THE INFORMATION YOU INPUT USING THE ALLONE ONLINE SOFTWARE WITH YOUR HEALTH CARE PROVIDER. YOU AGREE THAT THE ONLY HEALTH ADVICE YOU WILL BE RECEIVING WILL BE FROM YOUR HEALTH CARE PROVIDER, AND NOT FROM ALLONE OR ITS CONTRACTORS. YOU SHOULD NEVER DISREGARD THE MEDICAL ADVICE OF YOUR HEALTH CARE PROVIDER OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING CONTAINED ON THE WEBSITE, OR THROUGH THE ALLONE ONLINE SOFTWARE.

ALLONE DOES NOT PROVIDE EMERGENCY MEDICAL OR HEALTH SERVICES OR ADVICE. IN THE EVENT OF AN EMERGENCY, IMMEDIATELY CONTACT YOUR PHYSICIAN, GO TO THE EMERGENCY ROOM OF THE NEAREST HOSPITAL, OR CALL FOR EMERGENCY HELP (DIAL 911 WHERE THE SERVICE IS AVAILABLE).

ALLONE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE CONTAINED ON THE WEBSITE (INCLUDING ANY OTHER SITE LINKED TO IT) OR THROUGH THE ALLONE ONLINE SOFTWARE PROVIDED.

II.   ACKNOWLEDGMENT OF RELATIONSHIP OF THE PARTIES AS SEPARATE ENTITIES
You hereby understand and acknowledge that AllOne works with third parties to perform certain roles with respect to the AllOne Online Software, including, Diversinet, a Canadian company that provides a license to software and technology that allows for the secure transmission and storage of Personal Information. AllOne also utilizes Diversinet to market and sell AllOne MobileSM.

You hereby understand and acknowledge that: (a) AllOne and Diversinet are separate legal entities, and the relationship relative to AllOne MobileSM is that of independent contractors; (b) nothing contained in this Agreement shall be deemed or construed by You, or by any third party, as creating any partnership or joint venture relationship between AllOne and Diversinet; (c) neither party is an agent or employee of the other and neither has any right nor any authority to assume or create any obligation of any kind, express or implied, on behalf of the other, nor shall the acts or omissions of either create any liability for the other; and (d) neither party shall obligate or purport to obligate the other by issuing or making any affirmations, representations, warranties or guaranties with respect to the other party or their products or services.

III.   LICENSE AND SITE ACCESS
AllOne grants You a limited, revocable, non-exclusive license to access and make personal use of the AllOne Online Software. You may not download (other than page caching) or modify the AllOne Online Software, or any portion thereof, without the express written consent of AllOne. You may not resell, sublicense or make commercial use of the AllOne Online Software or any content thereof, any collection or use of any product listings, descriptions, or prices, any derivative use of the AllOne Online Software or any content thereof, or use any data mining, robots, or similar data gathering and extraction tools.

Neither the AllOne Online Software, nor any portion thereof may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of AllOne. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AllOne or its Contractors without the party's express written consent. You may not use any metatags or any other hidden text utilizing AllOne's or its Contractors' name or trademarks without the express written consent of AllOne or its Contractors.

Any unauthorized use terminates the license granted by AllOne hereunder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray AllOne, its Contractors, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of AllOne or its Contractors without express written permission.

IV.   MEMBERSHIP ACCOUNT; TYPES OF USERS
Membership Account
By using the AllOne Online Software, You agree to accept responsibility for maintaining the confidentiality of Your Membership Account, User Name and Password and for restricting access to Your computer, Your internet service, Your Mobile Device, and You agree to accept responsibility for all activities that occur under Your Membership Account, User Name or Password. AllOne and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel member accounts in its sole discretion. Membership Accounts are non-transferable.

You hereby expressly agree to: (a) maintain all equipment necessary for Your access to and use of the AllOne Online Software; (b) maintain the confidentiality and security of Your User Name, Password, Personal Information, and any other confidential information relating to Your Membership Account; (c) take responsibility for all charges resulting from use of Your Membership Account, including any and all unauthorized use prior to Your notifying AllOne of such unauthorized use and taking the steps necessary to prevent further unauthorized use by changing Your Password; and (d) regularly update Personal Information, including Your e-mail address and Your Mobile Device telephone number.

Eligible User
In order to use AllOne MobileSM, each Eligible User shall create a Membership Account designating a unique User Name and Password. As an Eligible User, You are solely responsible for maintaining the privacy and secrecy of Your User Name and Password. AllOne shall not be responsible for verifying that the individual inputting, accessing, viewing, storing or transmitting Personal Information is the Eligible User.

Guest User
As an Eligible User, You may grant a third party status as a Guest User with one-time access to view and transmit Your Personal Information.

Authorized User
As an Eligible User, You may grant a third party status as an Authorized User with indefinite access to view and transmit Your Personal Information until You revoke permission to do so.

V.   RESPONSIBILITIES OF ELIGIBLE USERS
The Eligible User retains all responsibility for verifying the accuracy of the Eligible User's Personal Information and for updating the Eligible User's Personal Information as necessary and required pursuant to the terms of this Agreement.

By authorizing a Guest User or Authorized User to view and/or transmit Personal Information on Your behalf, You hereby agree to hold harmless AllOne, its officers, directors, employees, agents, Contractors, affiliates, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the entry and/or use of such Personal Information. You hereby expressly waive any claims, causes of action, damages, costs or expenses of any sort You may have against AllOne, its officers, directors, employees, agents, Contractors, affiliates, successors and assigns arising out of or connected with the entry and/or use of such Personal Information.

VI.   PERSONAL INFORMATION
You agree that upon submitting Personal Information to AllOne, AllOne becomes the sole owner of the Personal Information, regardless of the source, and You waive any and all rights related to ownership and to AllOne's use and release, discharge of the Personal Information. However, AllOne only uses Personal Information obtained from You as stated in its Privacy Policy. AllOne does not sell or disclose Personal Information to other non-affiliated Contractors or companies, except to the extent necessary to provide You with the AllOne Online Software or in response to subpoenas, court orders, or legal process, from law enforcement agencies or state and federal regulators.

AllOne has no way to verify the accuracy of any Personal Information submitted to AllOne from any source. You hereby agree to hold harmless AllOne, its officers, directors, employees, agents, contractors, affiliates, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of Personal Information.

In addition, by submitting Personal Information: (a) You understand and agree that the Personal Information may be cropped, electronically manipulated or otherwise altered (without altering its substance) for formatting, storage, and transmission purposes; (b) You certify that You are the original author (or have a written assignment of all rights from the author) of the submitted Personal Information; (c) You are the sole owner therein or otherwise have previously obtained written permission from the owner to such use of Personal Information; and (d) You have complete authority to grant to AllOne the rights stated herein.

VII.   MINIMUM REQUIRED AGE
The AllOne Online Software is NOT intended for use by a Minor. You must be at least 18 years of age to use the AllOne Online Software.

A parent or legal guardian may create a Membership Account for an Eligible User who is a Minor. The parent or legal guardian is solely responsible for: (a) designating a unique User Name and Password for the Minor; (b) maintaining the privacy and secrecy of the Minor's User Name and Password; and (c) for updating the Minor's Personal Information as necessary and required pursuant to the terms of this Agreement.

VIII.   PRIVACY
Please review the Privacy Policy located at https://my.allonemobile.com/enterprisephr/im/privacy.aspx which also governs Your visit to the Website and the use of the AllOne Online Software.

IX.   COMMUNICATIONS
When you use the AllOne Online Software, or send e-mails to us, You are communicating with AllOne electronically. AllOne will communicate with you by e-mail, by posting notices on the Website, by sending communications to Your Mobile Device, by sending communications to the street address provided in Your Membership Account, or by any means set forth in any other policy or notice published on the Website. You expressly consent to receiving communications (including legal notices) from AllOne electronically and You agree that all agreements, notices, disclosures and other communications that AllOne provides to you electronically satisfy any legal requirement that such communications be in writing.

You may contact AllOne by e-mail at myhealthmobile@bcnepa.com and AllOne will forward Your message to the appropriate AllOne department. AllOne tries to answer every e-mail in a timely manner but is not always able to do so.

You consent to the receipt of targeted data feeds, notices and reminders from the AllOne Mobile Messaging Service selected for You on the basis of the Personal Information submitted to AllOne.

X.   HIPAA
You hereby agree and acknowledge that AllOne is not a covered entity pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and is therefore not subject to the requirements thereof. AllOne encourages You to review the HIPAA regulations at http://www.hhs.gov/ocr/hipaa/

XI.   PROPRIETARY NOTICE
This software and/or documentation utilized by AllOne MobileSM is subject to the terms of a License Agreement between AllOne Health Group, Inc., a Pennsylvania Corporation, 19 North Main Street, Wilkes-Barre, PA 18640, and Diversinet Corp., an Ontario corporation ("Diversinet"), with its principal place of business at 2235 Sheppard Avenue East, Suite 1700, Toronto Canada, M2J 5B5, restricting among other things, its use, reproduction, disclosure and distribution and constitutes confidential information of AllOne and/or Diversinet and shall remain the exclusive property of AllOne and/or Diversinet.

XII.   PROPRIETARY RIGHTS IN THE ALLONE ONLINE SOFTWARE
Unless otherwise indicated, the AllOne Online Software, its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, digital conversion and other matters related to the AllOne Online Software are protected as Proprietary Rights, including without limitation those of the United States, and all rights therein are the property of AllOne or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, patent, and trademark laws. Neither the AllOne Online Software or any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without AllOne's express prior written permission.

XIII.   OWNERSHIP AND RESERVATION OF RIGHTS
The content of the AllOne Online Software is protected by AllOne's or its Contractors' copyrights, trademarks, service marks, international treaties, trade secret and/or other Proprietary Rights and laws of the U.S. and other countries. You agree to abide by all applicable Proprietary Rights laws and other laws, as well as any additional copyright notices or restrictions contained herein.

XIV.   THIRD PARTY PAYMENT
You hereby agree and acknowledge that the license to the AllOne Online Software granted to You hereunder is being paid for by a Third Party Payor pursuant to the Master Agreement. The Third Party Payor shall not be responsible for any fees or costs assessed to You by Your Internet Service Provider or Mobile Service Provider as a result of using the AllOne Online Software and You shall be solely responsible for any fees assessed (as discussed below).

AllOne can terminate the Master Agreement without cause, which will terminate the license granted hereunder. AllOne shall be and remain the sole owner of the Personal Information submitted to AllOne on behalf of an Eligible User, regardless of the source. After termination, AllOne may, at its sole discretion, provide You with the opportunity to purchase a license to the AllOne Online Software independently, but shall not be required to do so. You shall have no claims, causes of action, damages, costs or expenses of any sort against AllOne arising out of or connected with a termination of the license granted hereunder.

XV.   TECHNICAL REQUIREMENTS
Access to the AllOne Online Software requires internet access and a compatible Mobile Device with an associated data plan; however, Your Mobile Device is not required to have internet access. Your ability to access the AllOne Online Software is dependent upon internet and network availability offered by Your Internet Service Provider and Mobile Service Provider. You hereby agree and acknowledge that AllOne makes no representations or warranties about Your ability to access the AllOne Online Software.

XVI.   SUPPORT
Technical Support
AllOne will provide You First Level Support directly or through its Contractors from 8:00 a.m. to 5:00 p.m. (Eastern Standard Time), Monday through Friday (excluding U.S. Federal holidays). If You have problems or difficulty using the AllOne Online Software, contact the help desk at 1-888-768-2020.

Periodic Updates
From time to time, AllOne and its Contractors may update the AllOne Online Software. Any and all rights in and title to any such updates, including but not limited to any proprietary rights, shall remain the sole and exclusive property of AllOne.

XVII.   FEES
AllOne is not responsible for any fees or costs assessed to You by Your Internet Service Provider and/or Mobile Service Provider as a result of using the AllOne Online Software. You agree and acknowledge that You may incur additional fees from Your Mobile Service Provider or Internet Service Provider for using the AllOne Online Software, such as airtime charges, usage fees, recurring or nonrecurring surcharges, transaction charges, one-time fees, changes to your plan, etc., and that You shall be solely responsible for payment of all additional fees incurred. AllOne encourages You to review Your Internet Service Provider's and Mobile Service Provider's policies to determine the types and amounts of fees that may be incurred by using the AllOne Online Software.

XVIII.   TERMINATION
You may cancel Your Membership Account and terminate the license to the AllOne Online Software granted hereunder by sending an e-mail to myhealthmobile@bcnepa.com containing Your first and last name, User Name, Mobile Device telephone number (including area code) and Your intent to terminate in the body of the message. ALLONE WILL NOT ACCEPT OR REVIEW ANY E-MAIL NOTICE CONTAINING AN ATTACHMENT AND YOUR NOTICE WILL NOT BE VALID. AllOne will not be responsible for any fees and costs You incur for non-termination in the event that the e-mail notice contained an attachment.

AllOne may terminate the license granted hereunder for cause as the result of a breach of this Agreement with ten (10) days notice if such breach is not cured, to the satisfaction of AllOne at its sole discretion, within the ten (10) day Notice Period, provided however, AllOne may immediately terminate the license granted hereunder if AllOne determines, in its sole discretion, that such breach cannot be cured. AllOne may terminate the license granted hereunder without cause with forty-five (45) days notice.

After termination of the license granted hereunder, with or without cause, the Personal Information will not be made available to You. AllOne encourages each Eligible User to print his or her Personal Information and Member Account information during the Notice Period as the information may not be available on or after the Termination Date.

XIX.   YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that You have all required powers and authority to enter into this Agreement and that You will not:

(a) provide Personal Information that, in any way, infringes upon the rights of AllOne, its Contractors or any third party;

(b) transmit threatening, obscene, explicit or harassing materials, which include profane or offensive language;

(c) intentionally or unintentionally disrupt network users, services or equipment, harm to other computer systems, including excessive bandwidth utilization;

(d) distribute unsolicited advertising;

(e) tamper with computer or network security;

(f) make unauthorized entry into the Website;

(g) access or load pornographic, obscene, or sexually explicit material;

(h) infringe or violate any Proprietary Rights in the AllOne Online Software of AllOne or its Contractors, or any third party;

(i) violate any U.S., state or local law;

(j) disrupt, decompile, disassemble, disable, reverse engineer, modify, impair, harm, restrict, rent, lease, loan, distribute, create derivative works or improvements from, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the AllOne Online Software, or any other software, firmware, hardware, computer system or network in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as 'time bombs,' 'time locks,' or 'drop dead' devices);

(k) disable or impair, or cause or allow any other party to disable or impair the AllOne Online Software, or any other software, firmware, hardware, computer system or network in any way by using what is sometimes referred to as 'traps,' 'access codes' or 'trap door' devices;

(l) introduce or allow other similar harmful, malicious or hidden procedures, routines or mechanisms which would restrict the functionality of such programs or cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations;

(m) attempt to discover any source code, protocols, or other trade secrets in the AllOne Online Software;

(n) obtain or attempt to obtain unauthorized access to the AllOne Online Software;

(o) incorporate the AllOne Online Software into any hardware or software device that You are not authorized to use or otherwise modify;

(p) use, export, or re-export the AllOne Online Software in violation of applicable U.S. laws or regulations;

(q) sell, lease, loan, distribute, transfer, or sublicense the AllOne Online Software or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without AllOne's prior, express, written permission;

(r) use the AllOne Online Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions; or

(s) use the AllOne Online Software for any enterprise, commercial, or human safety purposes for which the AllOne Online Software was not designed.

XX.   INDEMNIFICATION
You hereby agree, at Your own expense, to defend, indemnify and hold harmless AllOne, and where applicable, its Contractors, from against any liability, damages, claim or demand, including reasonable attorney's fees, made by any third party against AllOne or its Contractors arising from:

(a) use of the AllOne Online Software or access to the Personal Information by You or a third party, including, without limitation, a Guest User or Authorized User;

(b) Your download, access, and/or use of the AllOne Online Software, including any content or services provided therein;

(c) any violation of any term or condition of this Agreement;

(d) breach of a representation or warranty made by You hereunder;

(e) infringement upon any patent, copyright or trade secret right of AllOne and/or its Contractors; and/or

(f) violation of applicable laws or any rights of another person or entity.

XXI.   DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree and acknowledge that use of the AllOne Online Software is at Your sole risk. Neither AllOne, nor its Contractors, warrant or represent that the AllOne Online Software will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on or through the AllOne Online Software or the results that may be obtained from the use of the information provided on or through the AllOne Online Software Furthermore, neither AllOne, nor its Contractors, makes any warranty or representation or as to the accuracy, reliability, or currency of any information, or content available on or through the AllOne Online Software.

THE ALLONE ONLINE SOFTWARE IS PROVIDED BY ALLONE ON AN "AS IS," "AS PROVIDED" AND "AS AVAILABLE" BASIS. ALLONE AND ITS CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALLONE ONLINE SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALLONE AND ITS CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL ALLONE OR ITS CONTRACTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM THE USE OF THE ALLONE ONLINE SOFTWARE, EVEN IF ALLONE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALLONE'S LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ALLONE, ITS EMPLOYEES, CONTRACTORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall AllOne or its Contractors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the AllOne Online Software, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, acts of Terrorism (foreign or domestic) communications failure, theft, destruction, or unauthorized access to the AllOne Online Software. You acknowledge that this paragraph shall apply to all content available through the AllOne Online Software. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

XXII.   NOTIFICATION
All notices, waivers or other communications permitted or required to be given to AllOne in accordance with the provisions of this Agreement shall be in writing and shall be deemed duly given: (a) the next day, if sent via a reputable overnight courier such as FedEx; or (b) on the fifth (5th) day following deposit with the U.S. mail, certified, postage prepaid, return receipt requested, and addressed as follows:

AllOne Mobile Corporation
19 North Main Street
Wilkes-Barre, PA 18711-0302
Attn: Chief Executive Officer


AllOne may, from time to time by publishing written notice on the Website pursuant to the terms hereof, change its address for the purpose of this Agreement.

XXIII.   ASSIGNMENT
Except with respect to permitting a Guest User or an Authorized User to access, view and transmit Your Personal Information as specifically permitted in this Agreement, You shall not assign any of Your rights, obligations or privileges (by operation of law or otherwise) hereunder. Any purported assignment of this Agreement shall be void ab initio. Nothing in this Agreement, express or implied, is intended to confer upon any party other than You, any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

XXIV.   GENERAL PROVISIONS
The waiver or failure of AllOne (or, to the extent applicable, its Contractors) to enforce any of its/their rights under this Agreement shall not be deemed to be a waiver of any of such party's rights. If any covenant or other provision of this Agreement is invalid, illegal or incapable of being enforced, by reason of any rule of law or public policy, all other conditions of this Agreement shall nevertheless remain in full force and effect, and no covenant or provision shall be dependent upon any other covenant or provision unless so expressed herein.

XXV.   GOVERNING LAW AND JURISDICTION
This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to principles of conflicts of law. You hereby expressly consent to the exclusive jurisdiction and venue of the courts in and for Luzerne County, Pennsylvania, and the United States District Court for the Middle District of Pennsylvania.

XXVI.   HEADINGS
The section headings are for convenience only and do not in any way define, limit, or describe the scope of this Agreement or the intent or content of any provision thereof.

XXVII.   FORCE MAJEURE
In the event that AllOne is prevented from performing or is unable to perform any of its obligations under this Agreement due to any Act of God, Act of Terrorism (foreign or domestic), fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability, or any other cause beyond its control, performance shall be excused, and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences.

XXVIII.   ENTIRE AGREEMENT
This Agreement contains the entire agreement between You and AllOne with respect to the information contained herein and it supersedes all other verbal and written agreements. There are no other agreements, representations or warranties other than as set forth herein. Any description sheets or other memoranda concerning this Agreement shall in no way supersede or be controlling over the terms and conditions of this Agreement.

XXIX.   ENTIRE AGREEMENT
The provisions of Sections I, II, III, IX, X, XII, XIII, XIV, XVII, XIX, XX, XXI, XXII, XXIV, XXV, XXVI, and XXVIII of this Agreement shall survive the termination of this Agreement for any reason. All other rights and obligations of the parties shall cease upon termination of this Agreement.

XXIX.   DEFINITIONS
"AllOne MobileSM" means the product utilized by You for the secure storage and transmission of data, including but not limited to health-related data, to a Mobile Device or designated recipient utilizing the AllOne Online Software.

"AllOne Mobile Messaging Service" means this website or any related or linked website, the software downloaded and installed on your computer, the Mobile Application and the services provided by AllOne Mobile Corporation pursuant to the Master Agreement.

"AllOne Online Software" means this website or any related or linked website, the software downloaded and installed on your computer, the Mobile Application and the services provided by AllOne Mobile Corporation pursuant to the Master Agreement.

"Authorized User" means an individual authorized by an Eligible User to access, view, and transmit Personal Information pertaining to the Eligible User until the Eligible User revokes such authority, as specifically set forth in this Agreement.

"Eligible User" means an individual who is eligible for a license (as discussed below) to the AllOne Online Software pursuant to the Terms and Conditions set forth hereunder. License eligibility is dependent upon payment of consideration by the Third Party Payor pursuant to the Master Agreement.

"First Level Support" means the service provided in response to Your initial inquiry to AllOne regarding the operation of the AllOne Online Software generally or that identifies and documents a problem with the AllOne Online Software. AllOne will make an initial attempt to diagnose the cause of the condition You report.

"Guest User" means an individual authorized by an Eligible User to access, view, and transmit Personal Information pertaining to the Eligible User on a one-time basis as specifically set forth in this Agreement.

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996.

"Internet Service Provider" means a company or organization that provides access to the Internet through its servers, usually for a fee.

"Master Agreement" means the contract between the Third Party Payor, AllOne and Diversinet whereby the Third Party Payor provides consideration for the license to the AllOne Online Software granted hereunder.

"Membership Account" means the repository for Your contact information, use preferences, etc. maintained through the AllOne Online Software.

"Minor" means an individual under the age of eighteen (18).

"Mobile Application" means a Mobile Service Provider's reproduction and distribution of any of the software applications developed by AllOne and downloaded by You to allow access to AllOne MobileSM on a Mobile Device.

"Mobile Device" means Your personal handheld mobile communications device with an associated data plan or otherwise equipped with a data package and an SMS package such as a mobile phone, PDA or Blackberry� device that is identified by type and model number by AllOne as approved for use in connection with the Services.

"Mobile Service Provider" means a company or organization that provides mobile communications services through a network, usually for a fee.

"Notice Period" the time period between the issuance of notice of termination and the terminate date. AllOne encourages each Eligible User to print his or her Personal Information and Member Account information during the Notice Period as the information may not be available on or after the Termination Date.

"Password" means a case sensitive, unique string of numbers and letters, no fewer than six (6) characters in length, which must include at least one number, and which must be supplied in order to gain access to AllOne MobileSM. A Password must be kept secret or confidential and should be changed regularly.

"Personal Information" means biological, demographical and health related information.

"Proprietary Rights" means all rights held by a party (including any third party) including, but not limited to, patents, copyrights, authors' rights, trademarks, trade names, know-how and trade secrets, irrespective of whether such rights arise under U.S. or international laws.

"Software" means the web functionality and application downloaded from the Website to access your Personal Information using AllOne MobileSM.

"Termination Date" means the date upon all licenses granted herein shall expire.

"Third Party Payor" means the party paying/providing consideration for the license to the AllOne Online Software and AllOne MobileSM granted hereunder pursuant to the Master Agreement between the Third Party Payor, AllOne and Diversinet.

"Upgrades" means any modification, patch, fix, update, upgrade, new version, new release, enhancement, refinement, work around, or improvement that is incorporated into the AllOne Online Software and that generally adds functionality or improves performance.

"User Name" means a unique name used to identify each Eligible User when using AllOne MobileSM. A User Name cannot be longer than 24 characters.

"You" or "Your" or "Yourself" means the licensee or user of the AllOne Online Software and AllOne MobileSM.

Last updated: April 1, 2008