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 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.
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.
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).
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.
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.
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.
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 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.
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.
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.
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:
Attn: Privacy Officer
701 Waterford Way, Suite 300, Miami, Florida 33126
Or call: (305) 800 - LIFE
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.
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.
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