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© LIFELINK SYSTEMS INC
This Term of Use Policy (this "TOU") sets out the rules governing the use of LifeLink's software applications ("Software") and web services available via LifeLink's applicable web site for such Software and/or web service offering ("LifeLink Site") or any results in connection with the services provided via the LifeLink Site ("Results") (collectively, the "Service"). By using the Service, you agree to the rules set out in these TOU. These TOU are automatically incorporated by reference into the relevant agreement between you and LifeLink governing your use of the Service you are authorized to use, if any (the "Agreement").
You may not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or any of the areas of, or services on, the Service. You may not use the Service (a) in any way that is unlawful, illegal, fraudulent or harmful; or (b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Additionally, you promise that you will not and will not encourage or assist any third party to:
(a) modify, alter, tamper with, repair or otherwise create derivative works of the Service;
(b) reverse engineer, disassemble, decompile the Service or the Software used to provide or access the Service, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
(c) use the Service in any manner or for any purpose other than as expressly permitted by the Agreement or this TOU, the Privacy Policy, or any other policy, instruction or terms applicable to the Service ("Policies");
(d) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Service to any third party;
(e) remove, obscure or alter any proprietary rights notice pertaining to the Service;
(f) use the Service to: (i) store or transmit inappropriate content, such as content that violates the intellectual property rights or rights to the publicity or privacy of others; (ii) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (iii) otherwise violate the legal rights of a third party;
(g) interfere with or disrupt servers or networks used by LifeLink to provide the Service or used by other users to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any software or the Service;
(h) access or attempt to access LifeLink's other accounts, computer systems or networks not covered by these TOU, through password mining or any other means;
(i) cause, in LifeLink's sole discretion, inordinate burden on the Service or LifeLink's system resources or capacity; or
(j) share passwords or other access information or devices or otherwise authorize any third party to access or use the Service.
LifeLink reserves the right, in its sole discretion, to deactivate, change and/or require you to change your user profile that you may obtain through the Service for any reason or for no reason. LifeLink may exercise such right at any time, with or without prior notice. LifeLink will make all judgments concerning the applicability of this TOU in its sole and exclusive discretion. LifeLink reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. LifeLink will not assume or have any liability for any action or inaction with respect to your use of the Service other than as authorized in these TOU.
You may use the Service solely in accordance with these TOU. LifeLink will have no liability of any kind as a result of your use of the Service, medical treatment or advice, if any, provided as a result of use of the Service. The Service is provided AS-IS without warranty of any kind.
If you become aware of any material on the Service that contravenes this TOU, please notify LifeLink by email at abuse@lifelinksystems.com. You must immediately notify LifeLink in writing of any unauthorized use of any account, Software, Service or Results that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide LifeLink with such cooperation and assistance related to any such unauthorized use as LifeLink may reasonably request.
We reserve the right to revise this TOU from time to time. We will date and post the most current version of this TOU on the LifeLink Site. Any changes will be effective upon posting the revised version of this TOU (or such later effective date as may be indicated at the top of the revised TOU). If in our sole discretion we deem a revision to this TOU to be material, we may notify you via the Service and/or by email to the email address associated with your account, if applicable. Notice of other changes may be provided via the LifeLink Site. Check the date and/or version number of the TOU whenever you visit the LifeLink Site to see if these TOU have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you do not agree to any of the changes, we are not obligated to keep providing the Service, and you must stop using the Service.
By registering for the Service, you understand that we may send you communications or data regarding the Service, including but not limited to (a) notices about your use of the Service, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding our products and services, via electronic mail and/or text message. We give you the opportunity to opt-out of receiving electronic mail or text messages from us by following the opt-out instructions provided in the messages.
For text messages, users can reply HELP for help or STOP to cancel at any time. Message and data rates may apply. Message frequency will vary depending on length of applicable situation (e.g. length of hospital stay).
We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of the Agreement or this TOU; (b) the use of the in a manner that may cause LifeLink to have legal liability or disrupt others' use of the Service; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in LifeLink's determination, the suspension might be indefinite and/or LifeLink has elected to terminate your access to the Service, LifeLink will use commercially reasonable efforts to notify you through the Service. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Results, if any, and/or the Service.
LifeLink reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located at http://www.lifelinksystems.com/privacypolicy.html ("Privacy Policy"). You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of LifeLink or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of LifeLink employees, customers, or the public. We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these TOU. The technology or other means we use may hinder or break your use of the Service.
All contents of the Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are the exclusive property of LifeLink and/or the proprietary property of its suppliers, affiliates, or licensors.
This Agreement shall be governed by the laws of the State of California, without giving effect to the conflict of laws principles thereof, exclusively in Alameda County, California. LIFELINK SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOST REVENUES, LOST PROFITS, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY). TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL LifeLink's AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TOU (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED $500 USD.
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© LIFELINK SYSTEMS INC