Effective Date: July 23, 2019
1.1. “Emergency Profile” means the portion of the medical data that You or your designated representative provides to CommLife Solutions, Inc. (“CommLife”) for the purposes set forth herein.
1.2. “Health Profile” means all of the medical data that You or your designated representative provides to CommLife Solutions, Inc., in accordance with 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 is submitted and/or entered by You or with your consent on your behalf by your designated representative or with your consent imported from third-party electronic health records which may be released from time-to-time; CommLife also provides You access to its web application located at www.savelifeid.com solely for entering, maintaining and retrieving your personal health and health-related information through the Save Life ID web-based software application.
By accessing and using the Products and Services, you (“You”): (a) agree to be bound by the terms and conditions of this Agreement with CommLife Solutions, Inc. regarding the Products and Services; (b) represent and warrant that (i) You have read and understand this Agreement, (ii) You are at least the applicable age of majority, and (iii) You or your designated representative control the information to be stored in your Health Profile; (c) acknowledge that the information You display in your Emergency Profile will become visible to anyone with access to your Save Life ID account information; and (d) if you choose to include an emergency contact in your Emergency Profile, and You do not disable such functionality, your emergency contact will be notified in the event that your Save Life ID is accessed by an individual who indicates it is an emergency situation. If You do not agree with all of the terms and conditions of this Agreement, You may not use the Products and/or Services. CommLife reserves the right to refuse use of the Products and Services, in whole or in part, and terminate accounts, for any reason or no reason, including, without limitation, non-conversion of a trial offer to a paid subscription, non-payment of subsequent renewals or a belief by CommLife, in its absolute discretion, that your conduct violates applicable law or is harmful to any other person or entity, including CommLife. After termination, CommLife will purge all subscriber entered data from its databases within sixty (60) days and deem the account unrecoverable.
You hereby consent to release of your personal health information provided to CommLife via the Products and Services to service providers, including, without limitation, emergency medical technicians, fire and rescue personnel, police, emergency room professionals, physicians, nurses, hospitals, and each of their staff personnel, and lay first responders, among others. Please consider carefully before making your medical information available through the Products and Services, as your personal health information contained in your Emergency Profile will be visible to anyone with access to your Save Life ID account information. CommLife will release your personal or medical information to third parties if required by law, including, without limitation, subpoenaed in judicial or governmental proceedings. CommLife will use IP addresses and other available information to attempt to identify a subscriber when CommLife is legally compelled to do so or when CommLife feels it is necessary 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.
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 CommLife of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. CommLife will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Agreement. You are responsible for any other hardware or software necessary to use and access the Services. CommLife 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)”) solely as a convenience and should not be construed as an endorsement of any content, products, or services available thereon. CommLife 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. CommLife makes no representations or warranties with respect to 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 an unreasonably 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 transmit 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, monitor or copy any pages or information on the Services without CommLife’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 overall “look and feel” of the Services are the proprietary or intellectual property of CommLife, its licensors or its suppliers, as the case may be. The Services in their entirety are protected by copyright, trademark, patent and any other intellectual property laws and all ownership rights remain with CommLife, 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 CommLife for your own personal use. 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 CommLife’s Services available in any manner to any third party is strictly prohibited. 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 CommLife 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, modify or manipulate the Services or any of the hardware or software related thereto; (iii) attempt to access information that is not otherwise deliberately made available to You through the Services; (iv) modify, 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 portion of the Services. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by CommLife.
7.1 COMMLIFE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, PRODUCTS OR SERVICES THAT YOU MAY OBTAIN 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 REGARDING YOUR GENERAL HEALTH OR A SPECIFIC MEDICAL CONDITION. NEVER DISREGARD 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. COMMLIFE 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)/SERVICE(S) AND ANY THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SAVE LIFE ID PRODUCT(S)/SERVICE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. COMMLIFE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMMLIFE DISCLAIMS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SAVE LIFE ID PRODUCT(S)/SERVICE(S).
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE SAVE LIFE ID PRODUCT(S)/SERVICE(S), OR ANY THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SAVE LIFE ID PRODUCT(S)/SERVICE(S), IS AT YOUR OWN DISCRETION AND RISK AND THAT 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/OR SUCH THIRD PARTY SOFTWARE AND/OR 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.
CommLife does not promise or warrant that any aspect of third party services or systems will work properly or will be continuously available as any such service or system is provided by a third party 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 is determined by a third party. You acknowledge and agree that CommLife 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 OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8.2 COMMLIFE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND NEITHER COMMLIFE OR ANY AFFILIATES SHALL 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. COMMLIFE AND THE AFFILIATES HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF COMMLIFE OR THE AFFILIATES, EVEN IF COMMLIFE, THE AFFILIATES OR SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- If You are not completely satisfied with the CommLife Product(s) and Service(s), then CommLife will refund: (a) the amount paid, if any, for the relevant Product(s), and (b) the fee paid for the relevant Service(s);
- If You are not completely satisfied with the CommLife Product(s), then CommLife will, at Your discretion, either: (a) replace the relevant Product(s), or (b) refund the amount paid, if any, for the relevant Product(s).
Items must be shipped to: CommLife Solutions 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 avoidance of doubt, shipping and handling are not refundable. Refunds will be processed in the manner in which payment was received. All refunds are subject to a twenty dollar ($20.00) administration fee.
CommLife and the Affiliates, hereby 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 any authorized representative of CommLife or the Affiliates are advised 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 CommLife and the Affiliates for actual damages shall not exceed the total amounts paid by You to CommLife during the twelve months preceding the event giving rise to such allegations of liability, or if no amount had been paid by You, ten dollars ($10.00). In no event, shall CommLife 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 CommLife 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 is caused or alleged to have been caused to You from your use of the products Services.
You agree to indemnify, defend, and hold harmless CommLife 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 This Agreement is governed by the laws of the United States of America and New York 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 hereby consent that any legal action or proceeding with respect to this Agreement shall be brought and maintained exclusively 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. CommLife is based in the United States of America, and makes no claims that the content is appropriate or may be downloaded 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. CommLife’s failure to exercise or enforce any right or provision of this Agreement or other legal notices posted by CommLife shall not constitute a waiver of such right or provision. No waiver of any of the terms and conditions of this Agreement or of any other legal notices posted by CommLife shall be deemed a further or continuing waiver of any term or condition.
10.5. CommLife may revise this Agreement at any time and at its sole discretion. If this Agreement is amended or modified, You will be required to agree to be bound by such modifications, amendments or revisions to the terms and conditions in order to continue to use the Services. Any such revisions shall be effective immediately and shall be posted 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 CommLife. CommLife may assign, delegate or subcontract any portion of its rights and obligations hereunder without consent from You.