These “Terms of Use” apply to your use of the website of LifeWallet, LLC (“LifeWallet”).  By using this site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use this site. References to "LifeWallet" include any company that LifeWallet controls (for example, a LifeWallet subsidiary).  LifeWallet may share information among its subsidiaries, and these protections shall apply to each LifeWallet entity. LifeWallet may revise and update these Terms of Use, at any time. Your continued use of this site means that you accept any such changes.

The Site Use and Restrictions

Your use of this site may include a limited license to use the LifeWallet software. You acknowledge that title to and copyright in the LifeWallet software are reserved by LifeWallet.  You agree that you acquire no rights in any software, copyrights, patents or any other intellectual property belonging to or licensed by LifeWallet, other than the limited rights to use this site.  LifeWallet is and shall remain the sole owner of all copyrights, trademarks, patents and other proprietary rights in and to all aspects of this site (including, without limitation, all software, code, business process and designs used herein). You acknowledge that this site may be modified or upgraded from time to time, and that the site that you use will include the most recent version thereof.   Furthermore, you agree that your use of this site is provided on a limited, non-exclusive basis. Except as authorized by LifeWallet in writing, you will NOT: (i) access or use the site, or anything in it, to provide products or services to third parties for their commercial purposes; (ii) access or use the site, or let your employees or contractors do so, except through the terms hereof; (iii) resell, sublicense, lease, encumber, copy, distribute, publish, exhibit, transmit, provide access to, or provide use of the site to any third party, nor use or allow it to be used in any public system, public electronic bulletin board (unless agreed by LifeWallet), multiple computer or user arrangement or network that includes access by any third party; (iv) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record or create derivative works based on the site; or (v) use the site, or any part or aspect thereof, for any unlawful purpose or to mislead or harass anyone. Use of or access to the site in violation of the terms hereof is strictly prohibited. Permission to access or use the site may be limited or suspended immediately if, in LifeWallet’s discretion, this Section has been violated. You agree that a violation of this Section will cause LifeWallet irreparable and immediate harm, and that LifeWallet is entitled to injunctive relief to prevent such violation.  For purposes of this Section, a third party shall not include consultants, lawyers, accountants, and part-time or temporary workers.

The Site/App Does Not Provide Medical Advice

The contents of this site, such as data, data bases, text, graphics, images, links, information obtained from LifeWallet's licensors, and other material contained on it (hereinafter, the "Content"), are provided for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. You and/or your health care professional must make independent decisions regarding your health and well-being, or that of your patient (if you are a healthcare professional), and you should not rely exclusively on information contained in this site for such purposes.

Support

LifeWallet maintains and staffs a customer service help desk (“Customer Care Team”) that provides you with support. You may also be assigned business and technical account managers with which to ensure continued success.

Use of Content

LifeWallet authorizes you to view the material on this site (the “Content”) solely for noncommercial use.  If you copy the Content, you must include in it the copyright notice located on the site.  For example: "©2016, LifeWallet LLC. All rights reserved," or other copyright or proprietary rights notices that are contained in the Content.  Also, you must give full attribution to LifeWallet if you use any Content, including the names of our specific editors or authors.   The Content is protected by copyright under United States and foreign laws. Title to the Content remains with LifeWallet or its licensors.  Use of the Content in a manner not expressly permitted by these Terms of Use constitutes a breach hereof, and may violate copyright, trademark and other laws. Content and features are subject to change or termination, without notice, in the editorial discretion of LifeWallet.  All rights not expressly granted herein are reserved to LifeWallet and its licensors.  If you violate these Terms of Use, your permission to use the Content automatically terminates, and you may be held liable.   This site and your ability to access it relies on the availability of internet service and internet service providers, over whom LifeWallet has no control.  Accordingly, LifeWallet assumes no liability relating to the delay, failure, interruption or unavailability of the site due to internet access or internet service providers that you or they may use.

LifeWallet Disclaimers

The site and the Content are provided on an "as is" basis. LIFEWALLET, ITS LICENSORS AND 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, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, LifeWallet, its licensors and suppliers, make no representations or warranties about the following: 1. The accuracy, reliability, completeness, current-ness, or timeliness of the Content, software, text, graphics, links or communications provided on or through the use of the site.  2. The satisfaction of any government regulations regarding privacy or other matters, and the use of Content that you provide regarding you or your patient (if you are a healthcare provider).

Limitation of Liability

IN NO EVENT SHALL LIFEWALLET, ITS LICENSORS, SUPPLIERS OR THIRD PARTIES MENTIONED ON THE SITE, BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), DUE TO USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORIES, AND WHETHER OR NOT LIFEWALLET, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIFEWALLET, ITS LICENSORS, SUPPLIERS AND THIRD PARTIES REFERENCED ON THE SITE SHALL BE LIABLE ONLY FOR ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $10,000. LIFEWALLET, ITS LICENSORS, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE LIFEWALLET SITE ARE NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR PUBLIC AREAS (AS DEFINED BELOW). ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT OR PUBLIC AREAS, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE, AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

Indemnity

LifeWallet Indemnity.  LifeWallet will indemnify and defend you, and your officers, directors, trustees, employees and agents (the “Customer Indemnitees”), from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and other reasonable costs and expenses) awarded in an action brought against the Customer Indemnitees, and the reasonable costs associated with its settlement of any such matter, that they may be subject to or incurred by them, directly or indirectly, arising from or relating to: (i) LifeWallet’s breach of confidentiality; (ii) LifeWallet’s gross negligence; (iii) LifeWallet’s willful misconduct; or (iv) a claim that LifeWallet’s site, software or data infringes any copyright, patent or other intellectual property rights.  Notwithstanding the foregoing sentence, LifeWallet will not enter into any settlement, without your prior written consent, unless all third party claims against you are released without any further liability on your part.   Customer Indemnity.  To the extent permitted by law, you will indemnify and defend LifeWallet, and its officers, directors, trustees, employees and agents, from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and other reasonable costs and expenses awarded in an action brought against LifeWallet, and the reasonable costs associated with its settlement of any such matter  that they may be subject to or incurred by them, directly or indirectly, arising from or relating to: (i) your breach of confidentiality; (ii) your gross negligence; (iii) your willful misconduct; or (iv) a claim that your intellectual property, when combined with the LifeWallet site, software or content, infringes any copyright, patent or other intellectual property rights.  Notwithstanding the foregoing sentence, you will not enter into any settlement, without LifeWallet’s prior written consent, unless all third party claims against LifeWallet are released without any further liability on LifeWallet’s part.   Indemnity Exclusions. The foregoing indemnification obligations of LifeWallet relating to third party infringement shall not apply with respect to: (a) the LifeWallet site, software or content that are modified or used by you other than in a manner where such modification or use was not recommended, authorized in writing or required by LifeWallet, and where such modification or use is the basis of the third party claim; and (b) the the LifeWallet site, software or content are combined or bundled with any non-LifeWallet products, processes or materials that were not recommended, authorized or provided by LifeWallet, if such liability would not have arisen but for such combination or bundling.

User Submissions — Data

The personal information you submit to LifeWallet is also governed by the LifeWallet Privacy Policy. If there is an inconsistency between this Agreement and the LifeWallet Privacy Policy, this Agreement shall govern. The site may contain functionality (including blogs, message boards, user reviews, information from users) that allows users to upload content to the site (collectively "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe upon or violate the rights of any third party. BY SUBMITTING COMMUNICATIONS OR CONTENT TO THE PUBLIC AREAS, YOU AGREE THAT SUCH SUBMISSION IS NON-CONFIDENTIAL FOR ALL PURPOSES INCLUDING, WITHOUT LIMITATION, PRIVACY LAWS THAT EXIST THROUGHOUT THE UNITED STATES AND OTHER COUNTRIES.  INDEED, YOUR POSTING OF INFORMATION TO THE SITE CONSTITUTES A KNOWING AND INFORMED WAIVER BY YOU OF THE APPLICABLE PRIVACY RIGHTS TO WHICH YOU OR YOUR PATIENT (IF YOU ARE A HEALTHCARE PROVIDER) ARE ENTITLED UNDER VARIOUS LAWS. If you submit data to this site, you agree that it does not and will not infringe or violate any rights of any party. If you submit a business idea, concept or invention to LifeWallet by email, you agree that such submission is non-confidential for all purposes, and that such idea, concept or invention shall be owned by LifeWallet. If you submit information to a public area of the site, you grant us a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the idea, concept or invention in any media or medium, or any form, format or forum, now known or hereafter developed. LifeWallet may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to LifeWallet.

User Submissions — Images, Videos, Audio Files

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself, or that you have the right to transmit and license to us, and which do not violate any trademark, copyright, privacy or any other right of another person. Photos or videos of celebrities, cartoon or comic images are usually copyrighted by the owner. By uploading Media on the site, you warrant that you have permission from all persons appearing in your media to provide information about them. Never post a picture or video of someone unless you have their explicit permission. You are strictly prohibited from uploading Media that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or other material that could give rise to any civil or criminal liability under applicable law or regulations, or that violates these Terms of Use or other LifeWallet policies. You will not upload material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this site. LifeWallet reserves the right to review all Media prior to being loaded into the site and/or following its submission, and to remove any Media for any reason, at any time, without prior notice at our sole discretion.

Personal Information, Data Usage and Ownership

Any business information that you submit to or maintain on this site shall be owned by you, but you authorize LifeWallet to use it or provide it to third parties on a de-identified basis. LifeWallet may also sell your information (including your patient’s information if you are a healthcare provider) in a de-identified and aggregated basis for things such as, without limitation, use in reports, studies, analytics and statistics.  The term “de-identify” means that your data (or your patient’s) is stripped of information that enables a third person from identifying you or them, and instead consists solely of raw data about you and/or them, with no identifiers or tracers.

Passwords

LifeWallet has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized persons have access to your LifeWallet passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your LifeWallet account and password; (3) promptly inform LifeWallet if you believe your account or password has been compromised, or if there is another reason to deactivate a password; and (4) supervise the use of the site by children under the age of 18 for whom you are a parent or guardian. To send us an email, use the "Contact Us" links located on the site.

LifeWallet Community and Member to Member Areas ("Public Areas")

If you use a Public Area, such as message boards, blogs or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. LifeWallet and its licensors are not responsible for the consequences of any communications in the Public Areas. If you feel threatened, or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you have a medical emergency, call your veterinarian or 911, immediately. In regards to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms of Use: Use of a Public Area for any purpose in violation of local, state, national or international laws;  Posting photographs or other materials about a person, without the person’s consent;   Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;  Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by LifeWallet in its sole discretion;  Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);  Posting chain letters or pyramid schemes;  Impersonating another person or making disparaging comments about or fun of someone’s health issues or appearance;  Distributing viruses or other harmful computer code;  Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; Allowing any other person or entity to use your identification for posting or viewing comments;  Posting the same note more than once, or "spamming"; or  Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the site or which, in the judgment of LifeWallet, exposes LifeWallet or any of its customers or suppliers to liability or detriment of any type.  LifeWallet reserves the right (but is not obligated), to do any or all of the following: Record the dialogue in public chat rooms;  Investigate an allegation that a communication(s) do(es) not conform to the terms of this section, and determine in its sole discretion to remove or request the removal of the communication(s);  Remove communications which are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use;  Terminate a user's access to any or all Public Areas and/or the LifeWallet site upon any breach of these Terms of Use;  Monitor, edit or disclose any communication in the Public Areas;  Edit or delete any communication(s) posted on the LifeWallet site, regardless of whether such communication(s) violate these standards; Notify the local or Federal authorities of unusual or unlawful activities.  LifeWallet or its licensors have no liability to users of the LifeWallet site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Site/Apps

LifeWallet may provide links to third-party web sites/apps. LifeWallet also may select certain sites/apps as priority responses to search terms you enter, and may agree to allow advertisers to respond to certain terms with advertisements or sponsored content. LifeWallet does not recommend or endorse the content of third-party websites. LifeWallet is not responsible for the content of linked third-party sites/apps, sites/apps framed within the LifeWallet site, third-party sites/apps provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party sites/apps is at your risk, and subject to the terms and conditions of such sites/apps. LifeWallet does not endorse any product, service or treatment advertised on the LifeWallet site.

Marketing

By using this site, you agree to receive e-mail and other forms of marketing from LifeWallet and our third-party sponsors and advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR 310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, LifeWallet or its sponsors or advertisers retain the right to contact you via telemarketing in accordance with the ATSR.  Moreover, by registering with, or requesting information from, a third-party advertiser through our site, such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR, and you may be contacted via e-mail, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR. You may unsubscribe from any marketing at any time by emailing or contacting its issuer, or by adjusting the settings in your web browser/app.

Third-Party Newsletter:

With your use of this site, you may receive a complimentary copy of our newsletter or those of our sponsors and advertisers. You may unsubscribe from a newsletter at any time by emailing or contacting its issuer, or by adjusting the settings in your web browser/app.

Jurisdiction and Governing Law

You agree that any dispute with LifeWallet relating to your use of the site resides in the federal or state courts within Miami-Dade County, Florida.  You further agree and consent to the exercise of personal jurisdiction against you in the federal or state courts of Florida for any claim involving LifeWallet or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Use are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.

Notice and Takedown Procedures; Copyright Agent

If you believe any materials accessible on the site infringe your copyright, you may request their removal by contacting LifeWallet, and providing the following information:  Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.  Your name, address, telephone number and (if available) e-mail address.  A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.  A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.  5. A signature or the electronic equivalent from the copyright holder or authorized representative.  LifeWallet's agent for copyright issues relating to this web site is as follows:

LifeWallet LLC
Attn: Privacy Officer
701 Waterford Way, Suite 300, Miami, Florida 33126
e-mail: support@lifewallet.com
Or call: (305) 800 - LIFE

General

LifeWallet is based in the United States of America, with principal offices in Miami, Florida. LifeWallet makes no claims that use of the site or the Content are appropriate, or may be downloaded from outside of the United States. Access to the Content may not be legal by persons outside of the United States. If you access the site from outside of the United States, you do so at your own risk, and you 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, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Children's Privacy

We are 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.  We do not collect personally identifiable information from any person that we actually know is a child under the age of 13.  Furthermore, we require that children under the age of 13 use the site only with the approval, and under the guidance, of an adult.  As children under the age of 13 may use the site only with adult approval and supervision, we anticipate that any children using the site that are under age 13 are doing so ONLY under the supervision of a parent or legal guardian.  Should we learn that is NOT the case, we will cease such minor’s use of the site, and cease collecting information from or about the minor’s use thereof.

Complete Agreement

Except as expressly provided, these Terms of Use and other LifeWallet policies constitute the entire agreement between you and LifeWallet regarding your use of the site and the Content.  Thank you for your cooperation.

Copyright © 2017 LifeWallet LLC. All rights reserved.