Last updated December 8, 2016
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.
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.
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.
Links to Third-Party Websites or Content
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.
Mobile Device Software License
Transmission and Reproduction of Data
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.