Lifesquare Terms of Use

Last updated December 8, 2016

Welcome to Lifesquare. The following terms and conditions (“Terms of Use”) govern the use of the Lifesquare website (the “Website”), mobile device software applications (the “Application”), and related services (together with the Website and Application, the “Service”) made available by LifeQode, LLC. (“we” or “us” or “LifeQode” or “Lifesquare”). By registering for the Service, you (“you” or the “User”) agree to be bound by these Terms of Use. If you do not agree to abide by these Terms of Use, you are not authorized to access, use or participate in the Service.

If you are registering for and/or using the Service on behalf of another person, you represent and warrant that you are authorized to accept these Terms of Use on that person‚s behalf. These Terms of Use apply to all Users, including but not limited to those Users who are registered for the Service by another person.

About the Service

Lifesquare allows participating medical professionals and other Lifesquare users to access the personal and medical information that you permit such professionals and users to see. You can determine different levels of information access and rendering for view based upon the user. You may provide your personal information and medical information directly to us. We may also ask you to give permission to your health care providers and other sources to disclose your personal information and medical records to us. We will store the personal and medical information that you provide to us or have provided on your behalf (your “Lifesquare Profile”) and generate a unique identifier for you to keep on your person (your “Lifesquare Code”). A participating authorized care provider (a “Licensed Health Care Provider”) or a Good Samaritan equipped with the Lifesquare application acting in accordance with the prevailing Good Samaritan Rule in your jurisdiction can scan your Lifesquare or text your Lifesquare Code to our Emergency Use Number and access ONLY those elements your Lifesquare Profile that you have set for exposure and view or are deemed critical Protected Health Information that needs to be shared in an emergency (first name, age, blood type, critical medications, and allergies).

We are not an Licensed Health Care Provider, and we have no control over any Licensed Health Care Provider, other medical personnel, or Good Samaritan acting in accordance with the prevailing Good Samaritan Rule in your jurisdiction. We cannot promise that Lifesquare will improve the effectiveness or the outcome of the treatment you will receive. Our goal is to enable quicker and more informed medical treatment. We cannot confirm the accuracy of the information you provide to us or that your health care providers may disclose to us. The more up to date and accurate the information that you input, the more useful Lifesquare is likely to be for your health care needs. Further, not all medical professionals in your area may have registered with Lifesquare and downloaded the Lifesquare application. Until they do, which they can do at no cost, they would not be able to access the information you choose to reveal within your Lifesquare Profile.

It is also possible that you may own a Lifesquare Code but the medical professional or Good Samaritan is not able to find it. We cannot guarantee your Lifesquare Code will be scanned by a medical professional or a Good Samaritan.

Privacy Policy

Your privacy is very important to us. Please carefully read our Privacy Policy , which explains how we collect, use, disclose and safeguard information that pertains to your personal and medical information. When you accept these Terms of Use, you also signify your agreement to our Privacy Policy.

Registration

You must be at least 18 years old to register for and use the Service. If you are registering on behalf of another person, you must also be at least 18 years old. By registering, you represent and warrant that you are 18 years of age or older. If you are registering on behalf of another person, you represent and warrant that you are authorized to do so on behalf of such party and that you have obtained all necessary consents or authorizations in compliance with applicable law.

Rules for Use Of The Service

You agree to take full responsibility to safeguard the credentials for your account and to notify us immediately of any unauthorized use of your password and/or account. LifeQode will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email address, password and/or account.

You acknowledge and agree that you have sole discretion with respect to all data and information in your Lifesquare Profile. You acknowledge and agree that you are solely responsible for maintaining an accurate, complete, and up-to-date Lifesquare Profile. We cannot confirm the accuracy or completeness of the information you provide to us.

You acknowledge and agree that you will not attempt to access a user’s Lifesquare Profile without their consent when they are able to provide consent. In the event that they are incapacitated and you are not a medical professional, you agree to abide by the prevailing Good Samaritan Rule in your jurisdiction. You understand that Lifesquare users restrict the type of information they share with different types of users. If the Lifesquare member provides personally identifiable and confidential information, you acknowledge and agree that use of this information outside of the immediate medical need is a criminal offense and violation of the user’s privacy. If we detect any attempt by a user to use such information in an unintended fashion, LifeQode retains the right to terminate the violating user’s privileges on the system without any explanation or notice.

Your Lifesquare Codes are nontransferable and may only be used by an individual User for such User‚s personal benefit. In the event of a medical interaction, such as an emergency, a medical professional may request proper identification to validate a User‚s personal identity. LifeQode is not responsible for damaged, lost or stolen Lifesquare Codes.

You hereby authorize LifeQode to release only those aspects of your Lifesquare Profile that you feel comfortable sharing with Lifesquare users and designated contacts that you edit in your profile. Your medical professionals may release your information to electronic patient care records (“ePCR or EMR”) as part of their documentation processes.

Use Restrictions

Your permission to use the Service, the Website and the Application is conditioned upon the following use restrictions. You agree that you will not under any circumstances:

  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • use another User‚s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the Service or the Website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; or
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data.

From time to time LifeQode may provide links to other websites or resources that LifeQode deems, in its sole discretion, useful, informative, or beneficial to Users. Such links are provided solely as a courtesy to Users. LifeQode has no control over third party websites, applications, software or content, or the promotions, materials, information, goods or services available on these third party websites, applications, software or content. Such third party websites, applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by LifeQode , and LifeQode is not responsible for any third party websites accessed through the Website or any third party applications, software or content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party websites, applications, software or content. If you decide to leave the Website and access the third party websites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.

Intellectual Property

You acknowledge and agree that we, or our third party information service providers (“Third Party Service Providers”), retain ownership of all intellectual property rights of any kind related to the Website, the Application and the Service, including applicable patents, copyrights, trademarks, and other proprietary rights. “Lifesquare” and other Lifesquare graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of LifeQode in the U.S. and other countries. You may not use LifeQode ‚s trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that LifeQode endorses any product or service. You may not reproduce or use LifeQode ‚s trademarks or trade dress without the prior written permission of LifeQode. Other product and company names that are mentioned on the Website or Application may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

Mobile Device Software License

Subject to the terms and conditions of these Terms of Use, LifeQode grants you a non-transferable, non-exclusive license to download, install and use one copy of the Application in object code form only on a mobile device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the Application, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Application or any part thereof. LifeQode shall retain all intellectual property rights and other rights in and to the Application, and any changes, modifications or updates thereto.

Transmission and Reproduction of Data

LifeQode is committed to providing a high standard of privacy as described in LifeQode ‚s Privacy Policy. Nevertheless, the transmission of your Lifesquare Profile is a fundamental part of the Service. You hereby expressly consent to LifeQode providing your Lifesquare Profile to qualified medical personnel and that information you have permitted to be exposed to other Lifesquare users for possible use in providing emergency treatment. You further consent to our providing notice to designated emergency contacts of any treatment and/or transport by an authorized medical professional. If you are treated by a medical professional, you hereby give us permission to release your information from your Lifesquare Profile to the medical professional in order that the medical professional can use such information to facilitate your medical treatment. We do not intend to directly release any of your information to your insurance company or your health plan. Please be aware that it is standard protocol to pass along some or all of the information medical professionals receive as part of their documentation process to other health care providers, electronic medical records, insurance companies or other health plans, including government programs such as Medicaid or Medicare.

We use industry-standard encryption to ensure high security standards. However, you acknowledge that the transmission of your Lifesquare Profile will involve transmission over the internet and over various networks not owned or operated by LifeQode, including without limitation networks at participating hospitals where a Licensed Health Care Provider might be able to print out Lifesquare Profiles, and that there are risks associated with such transmission or reproduction that are beyond LifeQode’s control. This includes without limitation the consequences of the transmission of any data to electronic records.

You hereby agree that LifeQode is not responsible for any Lifesquare Profile which is delayed, lost, altered, intercepted or stored without authorization during the transmission of any data across networks not owned or operated by LifeQode , including but not limited to the internet, or reproduction in an electronic record or through printing at a participating hospital. You hereby agree that LifeQode is not responsible for the consequences of, or any loss, interception, misuse or alteration of any data in the event that an Licensed Health Care Provider prints or reproduces any hard copy records of your Lifesquare Profile for the purposes of facilitating treatment.

Modification

LifeQode or its Third Party Service Providers may modify the Service, and all content, software and other items used or contained in the Service, at any time at their sole discretion. LifeQode and its Third Party Service Providers make no representations or warranties with respect to any updates to the Service, nor do LifeQode or any of its Third Party Service Providers represent or warrant the continuity of the features or the facilities provided by or through the Service between various releases thereof.

We may modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post a notice that we have made changes to these Terms of Use on the Website and Application for at least thirty (30) days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such 30-day period or (ii) the first time you access or use the Service after such changes. The next time you sign into the Website or Application you will receive a notice to review and accept or reject the updated Terms of Use. If you do not agree to abide by the amended Terms of Use, you are not authorized to continue to access, use or participate in the Service. If you continue to use the Service after the end of such 30-day period without rejecting the amended Terms of Use, you hereby agree that this will signify your agreement to the amended Terms of Use.

Any changes to these Terms of Use other than as set forth in this paragraph, or waiver of LifeQode‚s rights hereunder, shall not be valid or effective except in a written agreement bearing the physical signature of an authorized officer of LifeQode. No purported waiver or modification of these Terms of Use by LifeQode via telephonic or email communications shall be valid.

Third-Party Software and Hardware

You agree to use third party software and/or hardware necessary for accessing the Service, including but not limited to web browser software that supports a data security protocol compatible with the protocol used by LifeQode. Until notified otherwise by LifeQode , you agree to use software that supports the secure socket layer protocol or other protocols accepted by LifeQode and to follow logon procedures for services that support such protocols. You agree that LifeQode is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or hardware, and neither LifeQode nor any third party software or hardware provider make any representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software. You accept and acknowledge that you are fully responsible for maintaining third party software systems and security protections that are fully compliant with the Service.

Third-Party Service Providers and Other Vendors to LifeQode

The Service contains the IMO® Problem (IT)™ terminology and Medication (IT)™ terminology product (the “IMO Service”) from Intelligent Medical Objects, Inc. (“IMO”). The Lifesquare Service and the IMO Service are separate products provided by separate entities.

While IMO strives to ensure that the information provided in the IMO Service is accurate, up-to-date, and complete, no guarantee is made to that effect. In addition, the information contained in the IMO Service may be time sensitive.

Assumption Of Risk

LifeQode and its Third Party Service Providers do not endorse drugs, diagnose patients, or recommend therapy. The Service, which includes the IMO Service, is an informational resource designed to assist licensed medical professionals in caring for their patients. Medical professionals should use their professional judgment in using your Lifesquare Profile and information provided by the Service. The Service is not a substitute for the care provided by licensed medical professionals. LifeQode and its Third Party Service Providers do not assume any responsibility for any aspect of health care administered with the aid of information the Service provides.

You acknowledge and agree that LifeQode and its Third Party Service Providers: (A) Have no control of or responsibility for your use of the service or the content provided therein, (B) have no knowledge of the specific or unique circumstances under which the service or the content provided therein may be used by you, © undertake no obligation to supplement or update content of the service, and (D) have no liability to any person for any data or information input into the service by or on behalf of you.

The contents of the Service includes information obtained from LifeQode’S licensor, IMO, which is provided for informational purposes only. The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by LifeQode or its Third Party Service Providers is solely at your own risk.

You assume all risk for selection and use of the service, the content provided therein, and the information that you provide or is provided on your behalf to the service. Neither LifeQode nor its Third Party Service Providers shall be responsible for any errors, misstatements, inaccuracies or omissions (A) in your Lifesquare profile, (B) regarding content delivered through the Service or © due to any delays in or interruptions of such delivery.

Your Lifesquare profile stored via the Service, and the information contained within the Service is intended for use only by medical professionals and contacts that you designate who should rely on their discretion and judgment in diagnosis and treatment. Your Lifesquare profile and your Lifesquare code are protected health information and LifeQode will take all reasonable measures to protect your privacy as you designate in your privacy settings. By participating with A LifeQode profile, you acknowledge that your Lifesquare code and other protected health information may be exposed to provide you with the best possible care and the most current information at your point of care. You assume all risk for dissemination of your protected health information to individuals you designate as emergency contacts or Lifecircle members, good samaritans, bystanders, and licensed healthcare providers. This includes transmission of your first name, age, blood type, critical medications, allergies to a bystander who texts your Lifesquare code to an emergency use phone number on your Lifesquare sticker or decal. Additionally, when your Lifesquare is scanned or there is an emergency text of your Lifesquare code to our emergency use number, your emergency contacts and Lifecircle members will be notified about the event.

Warranty Disclaimer

You acknowledge that the service is provided on an “as is” basis, without any warranty of any kind. except for warranties which may not be disclaimed as a matter of law, LifeQode and its Third Party Service Providers disclaim all representations or warranties, express or implied, including but not limited to representations or warranties, regarding the accuracy or nature of the content of the service, warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

The Service has been designed for use in the united states only. in particular, the IMO Service covers only drug products used in practice in the United States. Neither LifeQode nor its Third Party Service Providers provide any clinical information or checks for drugs not available for sale in the United States. Clinical practice patterns outside the United States may differ substantially from information supplied by the Service. LifeQode and its Third Party Service Providers do not warrant that uses outside the United States are appropriate.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

To the maximum extent permitted by applicable law, you agree that in no event shall LifeQode OR any Third Party Service Provider be liable to any person (including you and persons treating you) for any lost profits, or for any special, incidental, consequential, or indirect damages, arising out of or relating to your use of or inability to use the Service or the content provided therein, regardless of cause of action, and whether or not LifeQode or its third party service providers have been informed of the possibility of such damages. To the maximum extent permitted by applicable law, in no event shall the cumulative liability of LifeQode or any third party service provider exceed the amounts payable by you for use of the service. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity

YOU agree to indemnify and hold LifeQode and its Third Party Service Providers (including persons treating you) harmless from any claims, lawsuits, proceedings, costs, attorney‚s fees, damages or other losses (collectively, “losses”) arising out of or relating to (A) your use of or inability to use the Service or the content provided therein, or any equipment (including but not limited to Lifesquare codes) furnished in connection therewith and (B) any data or information input into the SERVICE by you or on your behalf, in all cases including but not limited to losses based on warranty, contract, tort, personal injury, medical malpractice, product liability, or any other legal theory, whether or not LifeQode or its Third Party Service Providers have been informed of the possibility of such damage.

Termination

You may terminate your Lifesquare account at any time by providing Lifesquare with notice of termination in accordance with the instructions available through the Service. Lifesquare may suspend or terminate your account or ability to use the Service, in whole or in part, through notice sent to you via email, in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Service, (ii) your conduct may harm Lifesquare or others or cause Lifesquare or others to incur liability, or (iii) as otherwise determined by Lifesquare in its sole discretion.

After any termination of your account, we will delete your Lifesquare Profile and you immediately forfeit all rights to access, use, or participate in the Service, including any content therein, and Lifeqode reserves the right to store and maintain your Lifesquare Profile, information, files, and other previously available content, and your data may persist in our back-up systems for up to one (1) year following termination. If you terminate your use of the Service, we strongly recommend that you destroy your Lifesquare Codes, as they will no longer be usable.

Email Communications

Communications made through the Website or Application will not constitute legal notice to LifeQode or any of its officers, employees, agents or representatives in any situation where notice to LifeQode is required by contract or any law or regulation.

For contractual purposes, you (a) consent to receive communications from Lifesquare in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Lifesquare provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about Lifesquare and changes or updates to the Service.

Tell a Friend Program

If you use our “Tell a Friend” program or our “LifeCircle” feature to refer Lifesquare to your friends and/or family, we will use their email addresses to send your invitation.

Please be assured that Lifesquare does not use the email addresses that you enter through our “Tell a Friend” program or into your LifeCircle to send any other type of direct marketing to your friends and family, unless that friend or family member signs up independently with Lifesquare or we receive their email address from another unrelated source, in which case we may communicate with them in accordance with our Privacy Policy.

Arbitration

You agree to arbitrate all disputes and claims arising out of or relating to these Terms of Use and your use of the Website, Application and Service.

If you intend to seek arbitration, you must first send written notice of your intent to arbitrate to LifeQode at ATTN: Customer Support, 2744 Sand Hill Road, Menlo Park, CA 94025. Such notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the notice is received, you or LifeQode may commence an arbitration proceeding.

The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms of Use.

Except as otherwise provided for herein, LifeQode will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse LifeQode for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, LifeQode shall reimburse you for your reasonable attorneys‚ fees and expenses incurred for the arbitration.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party‚s individual claim. You and LifeQode agree that you and LifeQode may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person‚s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

General Terms

These Terms of Use and your use of the Website, Application and Service are governed by the federal laws of the United States of America and the laws of the state of California, without regard to conflict of law provisions.

If any part of these Terms of Use is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Lifesquare to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

You agree that any cause of action related to or arising out of your relationship with LifeQode must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

LifeQode may assign or delegate these Terms of Use and/or the Lifesquare Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without LifeQode’s prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that these Terms of Use, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between you and us and that it supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of these Terms of Use.

You acknowledge that you have read these terms of use, understand these terms of use, and hereby agree to be bound by these terms and conditions.