Effective Date: June 13, 2019
1.1. “Emergency Profile” means the part of the medical data that You or your named representative give to Galaxy Med, Inc. (“Galaxy Med”) for the purposes set forth herein.
1.2. “Health Profile” means all the medical data that You or your named representative provide to Galaxy Med , under this Agreement.
1.3 “Products and Services” means Save Life ID Applications or any other Save Life ID products and/or services and any tools that contain or provide access to health and health-related information about you, that you give permission to others to enter or submit on your behalf by your named representative or with your permission brought from third-party electronic health records which from time-to-time they may release;
1.4 Galaxy Med also provides you access to its web application located at www.savelifeid.com for entering, maintaining and retrieving your personal health and health-related information through the Save Life ID web-based software application.
By using the Products and Services, you (“You”):
(a) agree to the terms and conditions of this Agreement with Galaxy Med, Inc. about the Products and Services;
(b) represent and show that
(i) You have read and understand this Agreement,
(ii) You are at least the applicable age of majority,
(iii) You or your named representative control the information in your Health Profile;
(d) if you choose to include an emergency contact in your Emergency Profile, and You do not disable such functionality, they will notify your emergency contact n the event that an individual accesses your Save Life ID individual who shows it is an emergency situation. If You do not agree with all the terms and conditions of this Agreement, You may not use the Products and/or Services. Galaxy Med reserves the right to refuse use of the Products and Services, in whole or in part, and end accounts, for any reason or no reason, including, without limitation, changing from a trial offer to a paid subscription, non-payment of later renewals or a belief by Galaxy Med, in its good judgement, that your conduct violates applicable law or is harmful to any other person or entity, including Galaxy Med. After ending, Galaxy Med will delete all the data the subscriber entered from its databases within sixty (60) days and consider the account unrecoverable.
You now consent to the release of your personal health information provided to Galaxy Med via its Products and Services to service providers. Such service providers include, without limitation:
• emergency medical technicians
• fire and rescue personnel
• emergency room professionals
• hospitals, and each of their staff personnel, and lay first responders
Please think before making your medical information available through the Products and Services. Your personal health information contained in your Emergency Profile will be visible to anyone with access to your Save Life ID account information..
Galaxy Med will release your personal or medical information to third parties if required by law, including, without limitation:
• subpoenaed in judicial
• governmental proceedings
Galaxy Med will use IP addresses and other available information to attempt to identify a subscriber when necessary or when Galaxy Med feels it is required to protect our products, services, sites, customers, or others.
Additionally, with your consent, we may transfer your personal health information that we receive to other service providers as well as your relevant personal health information to health information exchanges (e.g., HIE; RHIO) without your consent, where permitted by law, or with your consent where required by law.
No data of any Veteran obtained from the Veteran's Administration or any affiliates will be sold for profit or other monetary consideration.
If an account becomes dormant for more than a year, for example, if the veteran passes, the veteran’s data will be purged within a year. Upon request, data will be purged within 60 days.
You are responsible for maintaining the equipment needed to access the Products and Services and the confidentiality of passwords, other account identifiers and other confidential information. You agree to notify Galaxy Med of:
(i) any loss of your password or account identifiers and;
(ii) any unauthorized use of your password or account identifiers.
Galaxy Med will not be responsible or liable, in any way for any loss or damage of any kind as a result of, or in connection with, your failure to follow this section of the Agreement.
You are responsible for any other hardware or software necessary to use and access the Services. Galaxy Med is not responsible for any damage to or incompatibility with such hardware and software due to use of the Services.
Portions of the Services may provide links and/or references to other websites (“Third-Party Site(s)”) as a convenience and people should not construe it as an endorsement of any content, products, or services available thereon.
Galaxy Med is not responsible for such Third-Party Sites and will not be liable for any damages or injury arising from your use of any Third-Party Sites. Galaxy Med makes no representations or warranties about the content, products and services, ownership, or legality of any such Third-Party Sites.
Your access and use of such Third-Party Sites and the products and services available on those Third-Party Sites, are at your own risk.
You agree that You will not use the Products and Services for any purpose that is unlawful or prohibited by this Agreement, including, without limitation, posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. Any violation of this Agreement immediately terminates, without notice, your permission to use the Services. You may not use or allow others to use any of the Products and Services to perform any action that;
(i) imposes a large load on the Services’ infrastructure, including, without limitations, “spam” or other unsolicited mass emails,
(ii) discloses or shares any registration information with any unauthorized third parties,
(iii) attempts to decipher, decompile, or reverse engineer any part of the Services,
(iv) uploads, posts, emails, or otherwise transmits to or from the Services information or content that You do not have a right to send under any state, federal, or foreign law, regulation, contract, or fiduciary relationship,
(v) violates any applicable state, federal, or foreign law or regulation,
(vi) uses any robot, spider, intelligent agent, or other automatic device other than a web browser to search, track or copy any pages or information on the Services without Galaxy Med’s express written permission.
6.1. Except for your personal health, lifestyle and medical information, all data and materials on and information related to the Products and Services including, without limitation, the text, graphics, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and “look and feel” of the Services are the proprietary or intellectual property of Galaxy Med, its licensors or its suppliers, as the case may be. Copyright, trademark, patent and any other intellectual property laws protect the services and all ownership rights remain with Galaxy Med, its licensors or its suppliers, as the case may be.
6.2. You may only use and retrieve your personal health information that You have provided to Galaxy Med for your own personal use. Galaxy Med prohibits any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from Galaxy Med's Services available in any manner to any third party. Nothing contained herein or on the Products and Services serves to grant You, by implication or otherwise, any license or right to use any content displayed on the Products and Services without the written permission of Galaxy Med or such third party that may own the displayed content.
6.3 You may not use the Services to:
(i) infringe the intellectual property rights of others in any way;
(ii) attempt to penetrate, change or manipulate the Services or any of the hardware or software related thereto;
(iii) attempt to access information that is not otherwise made available to You through the Services;
(iv) change, erase or damage any information contained on the computer of any user connected to the Services; or
(v) reverse engineer, decompile, disassemble, or otherwise allow others to do so, any part of the Services. The Services or any part thereof may not be , duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not permitted in writing by Galaxy Med.
7.1 GALAXY MED IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, PRODUCTS OR SERVICES THAT YOU MAY GET FROM THIRD PARTIES. RELIANCE ON THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY INFORMATION YOU PROVIDE TO OTHERS THROUGH THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, YOUR GIVING ACCESS TO AND USE BY ANY THIRD PARTIES FOR EMERGENCY PURPOSES OR OTHERWISE.
7.2 THE PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, INCLUDING, WITHOUT LIMITATION, ANALYSIS, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE ABOUT YOUR GENERAL HEALTH OR A SPECIFIC MEDICAL CONDITION. NEVER IGNORE PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BASED ON YOUR USE OF THE SERVICES. CONTENT AVAILABLE THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. GALAXY MED DOES NOT REPRESENT THAT ANY MEDICAL DATA THAT YOU OR YOUR DESIGNATED REPRESENTATIVE PROVIDE OR CONTENT CONTAINED IN THE SERVICES IS COMPLETE OR ACCURATE. IF YOU NEED EMERGENCY MEDICAL HELP, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN OR VISIT THE NEAREST HOSPITAL EMERGENCY ROOM.
8.1 SAVE LIFE ID PRODUCT(S) AND SERVICE(S) INCLUDE ANY THIRD-PARTY SOFTWARE AND SERVICES MADE AVAILABLE TOGETHER WITH OR THROUGH THE SAVE LIFE ID. THESE PRODUCT(S) AND SERVICE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES AT ALL.
GALAXY MED EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES. IT DOES SO TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS INCLUDES WITHOUT LIMITATION:
• THE WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF PROPRIETARY RIGHTS
GALAXY MED DISCLAIMS ANY WARRANTIES ABOUT:
• PERFORMANCE OF SAVE LIFE ID PRODUCT(S)/SERVICE(S).
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND USE SAVE LIFE ID PRODUCT(S)/SERVICE(S), OR ANY THIRD PARTY SOFTWARE AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SAVE LIFE ID PRODUCT(S)/SERVICE(S), IS AT YOUR DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S), DEVICE SYSTEMS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SAVE LIFE ID PRODUCT(S)/SERVICE(S) AND SUCH THIRD-PARTY SOFTWARE AND SERVICES.
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.
Galaxy Med does not promise or warrant that any aspect of third party services or systems will work or will be available as any such service or system a third party provides and the fees charged to You for the wireless connection required to download the necessary Save Life ID software, if applicable, to the wireless communication device or computer a third party determines. You acknowledge and agree that Galaxy Med is not responsible or liable for the accuracy of the content, product description, prices, or any other related information of third-party services or systems. You acknowledge sole responsibility for and assume all risk arising from interaction with third parties.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE MORE RIGHTS.
8.2 GALAXY MED DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT ABOUT THE SERVICES AND NEITHER GALAXY MED NOR ANY AFFILIATES WILL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD YOU HARMLESS FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY YOU ARISING FROM THE INFRINGEMENT OF PATENTS, TRADEMARKS, OR ANY OTHER THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR VIOLATIONS OF COPYRIGHTS RELATED TO OR OTHERWISE INVOLVING ANY OF THE SERVICES. GALAXY MED AND THE AFFILIATES HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF OFGALAXY MED OR THE AFFILIATES, EVEN IF GALAXY MED, THE AFFILIATES, OR SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A sixty (60) day Money Back Guarantee covers Galaxy Med Annual subscribers. A fifteen (15) day Money Back Guarantee covers all other subscribers. For our Annual Subscribers, the Money Back Guarantee period is available for the initial term and any renewal term(s) after that. For all other Subscribers, the Money Back Guarantee period is available for the relevant subscription term.
The Money Back Guarantee period will begin on the date we charged you (whether for the initial term or any renewal term(s)), as verified by a receipt or other proof of sale. This will extend for:
(a) sixty (60) calendar days from then for our Annual Subscribers; and
(b) a period of fifteen (15) calendar days from then for all other Subscribers.
During the Money Back Guarantee period:
(i) If You are not completely satisfied with the Galaxy Med Product(s) and Service(s), then Galaxy Med will refund:
(a) the amount paid, if any, for the relevant Product(s), and
(b) the fee paid for the relevant Service(s);
(ii) If you are not completely satisfied with the Galaxy Med Product(s), then Galaxy Med will, at your discretion, either:
(a) replace the relevant Product(s) or
(b) refund the amount paid, if any, for the relevant Product(s).
Ship items to Galaxy Med Inc, c/o Scanbuy, Inc., 10 E. 39th Street, 10th Floor, New York, New York 10016. You are responsible for any costs incurred for return shipping; for the avoidance of doubt, shipping and handling are not refundable. We will process refunds in the manner that we received the payment. All refunds are subject to a twenty-dollar ($20.00) administration fee.
Galaxy Med and the Affiliates, disclaim any and all liability to you for the use of the products and services whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, the products and services even if an authorized representative of Galaxy Med or the Affiliates have knowledge of the likelihood or possibility of the same. As any allegation of damages would be difficult if not impossible to determine, You agree that the total liability of Galaxy Med and the Affiliates for actual damages will not exceed the total amounts paid by you to Galaxy Med during the twelve months preceding the event giving rise to such allegations of liability, or if You hadn't paid any amount, ten dollars ($10.00). In no event, will Galaxy Med nor any of the Affiliates be liable for any special, punitive, indirect, incidental, or consequential damages or any other damages of any kind.
You release Galaxy Med and the Affiliates, and each of their assigns and successors-in-interest from any and all liability, direct or indirect, and for any liability, loss or damage that occurred or alleged to have occurred to You from your use of the products Services.
You agree to indemnify, defend, and hold harmless Galaxy Med and the Affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of the terms and conditions of this Agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by You or any other person accessing the Services.
10.1 The laws of the United States of America and New York govern this Agreement for all purposes, without regard to or application of choice of law rules or principles, except that the United Nations Convention on Contracts for the International Sale of Goods will not apply. You consent to bring and maintain any legal action or proceeding about this Agreement only in the state or federal courts in New York County, New York. By agreeing to be bound by these terms and conditions you may be waiving legal rights which could be available to you in another jurisdiction.
10.2 You agree to abide by the U.S. export control laws and related regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Services to either a foreign national or a foreign destination in violation of such laws. Galaxy Med is in the United States of America, and makes no claims that the content is appropriate or that others may download the content outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access any of the Services, its content and any related services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction.
10.4. Galaxy Med’s failure to exercise or enforce any right or provision of this Agreement or other legal notices posted by Galaxy Med will not constitute a waiver of such right or provision.
10.5. Galaxy Med may revise this Agreement at any time and at its sole discretion. If You amend or change this Agreement, You will agree to be bound by such modifications, amendments or revisions to the terms and conditions to continue to use the Services. Any such revisions will be effective immediately and Galaxy Med will post at https://savelifeid.com/terms-of-use. You may not assign your rights and duties under this Agreement to any party at any time without the prior written consent of Galaxy Med. Galaxy Med may assign, delegate or subcontract any part of its rights and obligations hereunder without consent from You.