Terms of Use for Individual Users
Last Updated: September 24, 2024
These Terms of Use (“Terms”) incorporate elements of our Privacy Policy as well as our User License Agreement and applies to Individual User(s) (“User[s]”) of Lifeguard Health Networks, Inc’s mobile client software and mobile applications available on compatible iOS and Android devices, including, without limitation, (i) (LifeguardMobile® – a free-to-consumer mobile application for self-care and/or support of other consumers, as well as patients in a Program; (ii) LifeguardRx® – a mobile application sponsored by a Provider (as defined below) to patients in a Program; (iii) Care at Home from LifeguardTM (“Care at Home”) – a mobile application, available free to consumers, or sponsored by a Provider as a Lifeguard Health Networks-branded (or co-branded) application, that delivers Supported Care to patients in a Program; (iv) LifeguardHCPTM (or Care at Home HCP) – a mobile application used by a sponsoring Provider that supports Supported Care to patients in a Program) and (v) our website lifeguardhealthnetworks.com branded information and technology services (including LifeguardWEB [https://lifeguardweb.lhn.global]), (collectively, “Services”).
THIS IS A LEGALLY BINDING AGREEMENT between Lifeguard Health Networks, Inc., a Delaware corporation on behalf of ourself and our current and future subsidiaries and affiliates (collectively, “LHN”, “we”, “us” or alternately “our”), and you (and alternately “your”), each a Party and collectively the Parties. Please review these Terms carefully. Should you have questions about these Terms and your legal responsibilities, you may wish to consult an attorney. BY ACCESSING OR USING THE “SERVICES”, YOU ARE CONSENTING TO THESE TERMS AND YOU AGREE TO BE BOUND BY TERMS AND CONDITIONS ESTABLISHED HEREIN.
1. Definitions.
For the purpose of these Terms, the list of terms that follow have the meanings assigned to them below. Terms not defined below (whether or not capitalized) have the definitions given to them elsewhere in these Terms or in “HIPAA” (regardless of use of the Services within or outside of the United States).
1.1 “Administrative Rights” means the rights of a Provider to administer and direct the engagement of Provider’s Authorized Workforce with User via LHN’s technology, including the authority to provide, request, issue, administer and limit the access rights to User’s Lifeguard Account or Care at Home Account issued to such Provider’s Authorized Workforce.
1.2 “Authorized Workforce” means those persons who are members of Provider’s Workforce who have been authorized to engage with User via their Lifeguard Account or Care at Home Account and to access the Services to support you.
1.3 “Care at Home Account” means a user profile, records, and communications accessible through an LHN-branded (or LHN customer co-branded) offering to consumers and patients via single login to the Software for the purpose of (i) independent consumer’s self-care and, if invited by such independent User (or a patient in a Program), for the support of such consumer (or patient); (ii) permitting Users who are patients, or Proxies (including Individual Providers, as described in Section 3.4.1, who may use Care at Home HCP to access the Software), to enable authorized Providers to engage with User, and User allows Provider to appropriately assign shared engagement to other Authorized Workforce members in Provider’s organization for support of patients in a Program; (iii) if enabled by LHN, use of a co-branded Care at Home that presents the same functionalities as the LHN-branded Care at Home Account, but is branded with the identification marks and colors of the LHN customer to engage with Provider in a Program. For the avoidance of doubt, a Care at Home Account (the LHN-branded version, or an LHN customer co-branded version), incorporates the same underlying LHN software features and functions as is offered via a Lifeguard Account.
1.4 “Care at Home HCP” means a user profile, records, and communications accessible by a single login to the Software which enables Providers and their Authorized Workforce to support participating patients in a Program. Using Care at Home HCP, Providers may (i) monitor and manage patients who directly participate in a Program (“Members”), including reporting Measures on behalf of Members; and, (ii) establish a Care at Home Account on behalf of patients, as Registered Dependents, and monitor and manage such Registered Dependents in a Program. A Care at Home HCP Account incorporates the same underlying software features and functions as is offered via a LifeguardHCP Account.
1.5 “Consent” means consent or authorization by a user of the Services allowing us, and in the case of a user enrolled in a Program, their Provider and its Authorized Workforce, to take actions, which the user of the Services may give in an electronic communication to us or by use of the features of the Services (such as “share,” “transmit,” “refer,” “authorize,” “agree” and the like).
1.6 “De-Identify,” with respect to Personal Information, means to make such information into De-Identified Personal Information and with respect to health information, means to make such health information into De-Identified Health Information.
1.7 “De-Identified Health Information” means health information that has been de-identified in accordance with the provisions of these Terms and HIPAA.
1.8 “De-Identified Information” means De-Identified Health Information and De-Identified Personal Information.
1.9 “De-Identified Personal Information” means Personal Information from which a user’s name and other unique identifiers have been removed, and from which the user cannot reasonably be identified.
1.10 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and the Security Rule, as amended.
1.11 “Lifeguard Account” means a user profile, records, and communications accessible by a patient or consumer by a single login to the Software via LifeguardMobile Account or LifeguardRx Account, or by an Authorized Workforce member or Individual Provider via LifeguardHCP.
1.12 “LifeguardHCP Account” means a user profile, records, and communications accessible by a single login to the Software which enables Providers and their Authorized Workforce to support participating patients in a Program. Using LifeguardHCP, Providers may (i) monitor and manage Members in a Program, including reporting Measures on behalf of Members; and, (ii) establish a Lifeguard Account on behalf of patients, as Registered Dependent, and monitor and manage such patients as Registered Dependent in a Program.
1.13 “LifeguardMobile Account” means a user profile, records, and communications accessible by a single login to the Software for the purpose of self-care and/or if invited by a user (or a patient in a Program), for the support of such user (or patient in a Program). User may invite an unlimited number of persons to participate in the User’s Trusted Circle of Care. User may authorize full or limited access to Trusted Circle of Care members to User’s Information via Permissions in their Lifeguard Account. (LifeguardMobile Accounts are not designed for, and cannot be used for, the purpose of providing directed care that is formally supported via LHN via the Services by any provider with any user.)
1.14 “LifeguardRx Account” means a user profile, records, and communications accessible by a single login to the Software and offers the same features in LifeguardMobile Account. In addition to features in a LifeguardMobile Account, a LifeguardRx Account enables authorized Providers (including Individual Providers, as described in Section 3.4.1, who may use LifeguardHCP to access the Software) to engage with User, and User allows Provider to appropriately assign shared engagement to other Authorized Workforce members in Provider’s organization for your support via a Program.
1.15 “Telehealth Participant” means a certain category of patient and/or patient-authorized trusted friend and/or family member(s) (“Telehealth Supporting Participant[s]”) for whom there is no Lifeguard Account, but who agrees to limited participation in a Program, with such participation in the Services restricted to telehealth video conferencing initiated by your Provider (“Restricted Services”). The Telehealth Participant(s) shall be eligible to access the Restricted Services made available as enabled by such patient’s Provider. For the avoidance of doubt, the offering of participation in a Program as a Telehealth Participant may not be made available to all or any patients, but if such offer may be made, the offer is made at the discretion of the patient’s Provider.
1.16 “Non-Personal Information” means information associated with you but that cannot reasonably be used on its own to trace or identify you personally.
1.17 “Personal Information” or “Your Personal Information” means information that identifies you personally.
1.18 “Program” means the use of some or all elements of our Services through which a Provider is contractually authorized and enabled by LHN directly, or is authorized through a sponsoring organization which is duly contracted and authorized by LHN, to use the Services to monitor, respond to, or otherwise communicate with their patients, or patients’ Proxy, who have accepted that Provider’s terms of enrollment in a Program which is offered via the Services by that Provider; and the use of some or all elements of our Services through which a User, duly enrolled by their Provider, is enabled via their duly registered Lifeguard Account or Care at Home Account, to use the Services to record, respond, or otherwise communicate with their Provider.
1.19 “Provider” has the same meaning as your provider or your healthcare organization (e.g., physician practice/hospital/health system), or an organization which delivers health services (e.g., allied health/commercial or government commissioning entities) or health management (e.g., managed care/health insurance companies), who is duly contracted with and authorized by LHN directly, or is authorized through a sponsoring organization which is duly contracted and authorized by LHN to support a program, which it uses for your Supported Care and/or provides guidance regarding care for yourself in between appointments, encounters, or other interaction via LifeguardRx or Care at Home.
1.20 “Proxy” (including as applied to an Individual Provider as described in Section 3.4.1) means a person that you authorize to be your representative using LHN’s technology. Only you or your Proxy, may have primacy and authority related to our Services. If you choose to assign a Proxy, you acknowledge that upon assignment of a Proxy, you shall be a Dependent, with a profile that is accessed by the Proxy via their Lifeguard Account or Care at Home Account, and you further agree to release your rights to that Proxy to establish a Lifeguard Account or Care at Home Account on your behalf, and the Proxy then becomes the User who represents you via the Services. You or your Proxy, whoever may have primacy of authority of your Lifeguard Account or Care at Home Account, may make Your Information accessible to other users of the Services – including your Provider and your Trusted Circle of Care – who can use their own Lifeguard Account or Care at Home Account to accept an invitation from you or your Proxy to be members of your Trusted Circle of Care and engage with you via the Services.
1.21 “Registered Dependent” means a certain category of a Dependent patient who agrees to be registered in a Program and permits their Provider to establish an account on behalf of such patient with the Individual Provider (as described in Section 3.4.1) assigned as their Proxy to enable participation in a Program. Such permission enables Provider to have direct and full access to the Registered Dependent’s Lifeguard Account or Care at Home Account, permitting full use of the Services. Such Proxy may record and submit actions, measures and otherwise report on behalf of such Registered Dependent, including in response to Template(s) provisioned to such Registered Dependent. A Registered Dependent shall not have access to their Lifeguard Account or Care at Home Account.
1.22 “Services” means any cloud-based or mobility-based services provided by LHN to support our remote care management services, including our electronic care plan services, communication and escalation services, decision support services and other operations workflow solutions and other services (including User Support Services) provided by us to you.
1.23 “Software” means the LHN provided software, in object code form, together with any of the following that may form a part of it or subsequently be provided by LHN via a Lifeguard Account or Care at Home Account for use with such software: (A) tools, adapters, plug-ins, “skins” and other software applications or components; (B) graphical, video or audio content; (C) documentation; and (D) any updates and upgrades.
1.24 “Trusted Circle of Care” means the trusted set of caregivers comprised of your family, friends and healthcare providers that you have provided specific privileges to access your health information contained in the Services. Trusted Circle of Care users must use the LifeguardMobile or Care at Home mobile application and confirm acceptance as a participant in a Trusted Circle of Care via an invitation process initiated with an email from the patient or Proxy through the Services to participate in supporting a patient in a Program. For the avoidance of doubt: (i) for users of a Lifeguard Account, Trusted Circle of Care members will not experience or have access to LifeguardRx, but will be able to participate, as authorized, using LifeguardMobile; and (ii) Care at Home Account users may have similar branding on their mobile application regardless of being patient, Proxy or member of the Trusted Circle of Care.
1.25 “User” (capitalized) means you or a person who has been authorized by you pursuant to Terms herein to access the Services on your behalf; a “user” (un-capitalized) shall mean any user of the Services.
1.26 “Workforce” means a Provider’s employees, volunteers, trainees, and other persons whose conduct, in the performance of work for Provider, is under the direct control of such Provider, whether or not they are paid by the Provider.
1.27 “Your Information” means information that you or your Proxy or a member of your Trusted Circle of Care input or upload onto your Lifeguard Account or Care at Home Account, including Your Health Information and Your Personal Information.
1.28 “Your Health Information” means health information that you or a member of your Trusted Circle of Care who you authorize on your behalf to input or upload onto your Lifeguard Account or Care at Home Account or that we receive on your behalf from your Provider, the Provider’s Authorized Workforce or authorized third-parties.
2. Accessing our Services.
2.1. Protected Service.
Many of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services”. One such safeguard is requiring each user to be properly authenticated by establishing a unique username (your email address), and a unique password of your choosing, which meets our minimum password requirements (which we call “Credentials”) as a means to enable your authorized access to our Services. Once your Credentials are established, you may enable your mobile device for biometric (e.g., fingerprint or facial recognition) for convenient access to our Services.
2.2. Security.
The security of our Services and the information they store, process and transmit is a top priority. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical and administrative safeguards, including: Secure Socket Layer (SSL) encryption, firewalls, system alerts and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, and information collection, storage and processing practices. We are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information residing on and processed by our Services. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.
2.2.1 Steps You Can Take: If we learn of a security vulnerability or risk, we may attempt to notify you and provide information on protective measures you may take on your mobile device. There are, however, some precautions that you can proactively take to improve your system security and reduce the likelihood of unintended disclosure of Your Personal Information:
2.2.1.1 Use a strong password using a combination of letters and numbers that are not easily guessed. Do not share your password with others.
2.2.1.2 If you use a shared mobile device, always close all active programs and log out before leaving it unattended.
2.2.1.3 Avoid using a public wireless network, if possible. If you do use a public network, use the most restrictive wireless network settings on your mobile device.
2.3 Credentials.
Your Credentials are unique to you. You shall immediately notify us at support@lifeguardmobile.com (if you have a Lifeguard Account) or, support@careathome.app (if you have Care at Home Account), if you believe your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials. Further, you represent, warrant and covenant that:
2.3.1 the information you submit in obtaining your Credentials is complete and accurate and identifies you;
2.3.2 you will not circumvent, or attempt to circumvent, any technical measures we have put in place to safeguard the Protected Services;
2.3.3 you will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Protected Services offered today or in the future other than with (i) an application made for mobile device(s) that is developed and distributed by us, or (ii) an LHN approved application programming interface (“API”) using Credentials issued to you directly by us, and only us; and,
2.3.4 you will not access or use, or attempt to access or use, a Protected Service without validly established active Credentials.
2.4 Additional Safeguards.
To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
2.4.1 access, use or disseminate our Services, nor any information accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;
2.4.2 sell or transfer any information included in our Services or use such information to market any product or service;
2.4.3 probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;
2.4.4 disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;
2.4.5 introduce to our Services any software, code or other mobile device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;
2.4.6 modify, translate, disassemble, decompile or reverse engineer our Services or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Services (or any component thereof);
2.4.7 remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or,
2.4.8 engage in any activity other than those expressly permitted in these Terms.
2.4.9 Without limiting the foregoing, except as otherwise expressly permitted in these Terms, You shall not: (i) sublicense, lease, rent, loan, distribute, or otherwise transfer the Services (or any component thereof) to any third party without LHN’s prior written consent) ; (ii) copy, reproduce or create derivative works of the Services (or any component thereof) in any event; or (iii) permit use of the Services (or any component thereof) for a time share, outsourcing or similar relationship without LHN’s prior written consent.
2.5 Disclosure.
2.5.1 EXCEPT AS SET FORTH IN SECTION 2.5.3 (INCLUDING SECTIONS 2.5.3.1 and 2.5.3.2) BELOW, WE WILL NOT DISCLOSE TO ANY THIRD-PARTY ANY INFORMATION THAT IDENTIFIES YOU. Notwithstanding, we may disclose Your Information in response to a search warrant, court order, subpoena, judicial proceeding or other legal process if we have a good faith belief that the law requires us to do so. In such cases we will endeavor to obtain reasonable assurances from the recipient of Your Information that it will be held confidentially and used or further disclosed only as required by law, and the recipient agrees to notify us of any instances of which it is aware in which the confidentiality of the information has been breached. Notwithstanding, such legal process may prohibit us from notifying you or other individuals or entities identified by such information or take such other actions as would otherwise be a violation of the Terms.
2.5.2 Certain circumstances (LHN security measures or regulatory) may require us to investigate potential or suspected threats on our Services or the confidentiality, integrity or availability of the information they safeguard. Accordingly, we may disclose information, under law – including personal and Non-Personal Information to:
2.5.2.1 detect, prevent and address potential or suspected: threats on our Services or the confidentiality, integrity or availability of any information they house; fraud and other illegal activity; or violations of the Terms; and,
2.5.2.2 protect ourselves, you and third parties.
2.5.3 Without limiting the foregoing, we may permit access to LHN’s broader technology platform (including but not limited to: LifeguardMobile, LifeguardRx and Care at Home – “Platform Systems”), by our own and/or our authorized parties, including but not limited to LHN contracted system developers, hosting service providers, and support service providers under appropriate confidentiality agreements.
2.5.3.1 For the avoidance of doubt, authorized parties, including authorized third parties, may have access to Personal Information to execute their obligations under agreement with LHN. Notwithstanding, LHN customers or Users, and authorized third-party service providers that provide services to LHN, for example, customer support services, may need to access, but shall be restricted to the minimum information required to provide the appropriate support. This access shall only be permitted to provide technical support to Users who: (i) may need any technical support in using their LifeguardMobile or Care at Home consumer mobile application and/or, (ii) Users who are in a Program that may need any technical support using their LifeguardRx or Care at Home mobile application.
2.5.3.2 In addition, if you participate in a Program (as stated in Section 3.6 herein), access to Your Health Information using the Services shall be restricted to (i) only those parties authorized by LHN, including your Providers (as defined in Section 1.19 and referenced in Section 3.1 herein) with whom you have consented to participate in a Program, (ii) your Trusted Circle of Care to whom you authorize access; and (iii) LHN, only as necessary to provide required or requested Services and support by you or your Provider, to execute our obligations under agreement with your Provider. In addition, if you are invited or registered to participate in a Program, LHN may generate outbound communications (e.g., email, SMS, or phone) to you with information or requests from LHN regarding the Services, or from LHN as directed by, and on behalf of, your Provider, regarding the Program.
2.6 Use of the Services.
In general, our Services allow users at least 18 years old, and/or persons who otherwise have the legal capacity to enter into a binding contract in your jurisdiction – such as healthcare providers, parents and guardians, as well as patient-authorized informal caregivers (family or friends) – to submit personal information about themselves or others, including minors. Such users assume full responsibility over their submission, use and transmission of such information. When you use our Services, you can (depending on the Service you use) submit information by (i) typing-in data (such as when you register for our Services, or type a message to send to us or another user, or complete an observation [e.g. symptoms, vitals, etc.], or complete an optional form or survey); (ii) uploading a document, image, weblink or other data file; or (iii) authorizing us to retrieve or download, sync, or otherwise import information from another user or other third-party on your behalf. For the avoidance of doubt, use of the Services includes certain capabilities of LHN’s Platform Systems, which may enable sharing of information within and outside of the Platform Systems. In the event you choose to share information (which may include elements of what is defined herein as Your Information), for example, sending such information to an email address, taking such action will result in such information being shared outside of the Platform Systems. You hereby acknowledge and confirm your understanding that when you voluntarily share information, such information may be placed outside of the Platform System and outside of the Services’ security measures. We shall not have any responsibility or liability for any information you elect to place or disclose outside of the Platform System.
2.7 Use of the Services on behalf of Minors.
Our Services are not intended for or designed to attract or to be used by children under the age of 13, and we do not knowingly collect personal information from such children. You are not eligible to use our Services (including establishing Credentials) unless you are at least 13 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction (whichever is an older age). If you are an unemancipated minor over the age of 13, you may only use our Services if such use has been approved of by your parent or legal guardian, you use our Services under his or her supervision, and he or she has agreed to these Terms on your behalf. If you are the parent or guardian of an unemancipated minor, or of any child under the age of 13, you may use the Services and accept these Terms on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms applicable to you are equally applicable to such minor. Under no circumstances may our Services be used by a child under 13 years old.
2.8 Use of the Services on behalf of a Dependent – an emancipated Minor or Adult.
Emancipated minors 13 years old or older, persons 18 years old or older, or persons who otherwise have the legal capacity to enter into a binding contract in your jurisdiction (whichever is an older age), may elect to designate another person, who is at least 18 years old and who otherwise has the legal capacity to enter into a binding contract in your jurisdiction, to establish Credentials and be their Proxy (as defined in Section 1.20) to access and use the Services on their behalf. For the avoidance of doubt, as it pertains to these Terms, a person who accepts such designation becomes the Proxy of that other person; and, a person who designates a Proxy, becomes a “Dependent” of that Proxy. If you have been designated a Proxy for a Dependent, you may establish your own unique Credentials to access the Services and may further create, (or if part of a Program, be assigned) a Dependent account accessible from your Lifeguard Account or Care at Home Account and, on behalf of that Dependent, access and use the Services on behalf of that Dependent. For the avoidance of doubt, a person who accepts the role of “Proxy” (including Individual Providers, as described in Section 3.4.1) and uses the Services on behalf of another person Consents to these Terms for themselves and on behalf of their Dependent. Only you, or if the patient designates you as their Proxy, only you, as such Proxy, may have primacy and authority related to what is, regarding patient’s information, herein defined as Your Information, and use of the Services. Only you, the patient, or you, the Proxy, may make Your Information accessible to other users of the Services and invite them to use their own Lifeguard Account or Care at Home Account to become members of your Trusted Circle of Care.
2.9 How Information is Used.
2.9.1 We use Personal Information and Non-Personal Information for the following purposes:
2.9.1.1 Operating, maintaining, managing and administering our Services, including processing registrations and payments, if any, and providing customer support;
2.9.1.2 Recording communications from you, and your Trusted Circle of Care, if any, which we retain in the ordinary course of business. We will permit access to Your Information to your authorized “Trusted Circle of Care” (persons to whom you have authorized access according to the permissions settings that you have established in your Lifeguard Account or Care at Home Account). You and they are responsible for ensuring that your, and your Trusted Circle of Care’s use of Your Information is consistent with these Terms.
2.9.1.3 Administrative announcements about features, functionality, terms or other aspects of our Services; and, if applicable, informing you about offers for services or products we believe may be of interest;
2.9.1.4 Safeguarding and protecting our Services, the information they safeguard, the rights of third parties and in response to legal process; and,
2.9.1.5 Any other purpose described in the Terms.
2.9.2 We use Non-Personal Information for the following purposes:
2.9.2.1 Auditing, research, measurement and analysis in order to maintain, administer, enhance and protect our Services, including analyzing usage trends and patterns and measuring the effectiveness of content, features or services;
2.9.2.2 Creating new features and services;
2.9.2.3 Health and medical research; public health and service activities; healthcare- and medical-related services; and,
2.9.2.4 Any other purposes described in these Terms.
2.9.3 We may De-Identify Your Information and use and disclose only De-Identified Information provided that any protected health information is de-identified in accordance with the specifications set out in Code of Federal Regulation (CFR §164.514(a) or (b)). Such De-Identified Information may be used and disclosed for commercial purposes, including, without limitation, for purposes of improving, marketing and developing our products and services and in conjunction with our third-party partners, healthcare delivery or service providers and/or academic, research and commercial partners regarding trends and other benefits associated with the use of our products and services.
2.10 How our Services Allow Users to Share Information.
2.10.1 One-on-One Communications.
In any one-on-one communication, users are sending information to one another. Depending on the message, this could include contact and other personal information. Our Services can be used to facilitate one-on-one communications between users. Examples include, but are not limited to:
2.10.1.1 intra-system text message and chat amongst Users (patients, caregivers, healthcare professionals);
2.10.1.2 requesting an appointment with a healthcare provider; and,
2.10.1.3 sending an appointment or other reminder to another User.
2.10.2 Video Conferencing.
We may enable video conferencing to be initiated by any authorized user of a valid Lifeguard Account or Care at Home Account and can be used to communicate simultaneously with one or more members in the User’s Trusted Circle of Care who has a valid Lifeguard Account or Care at Home Account, or anyone who has been authorized as a Telehealth Participant pursuant to terms in Section 3.5. A user’s Trusted Circle of Care may include healthcare providers (see Section 3.6.1 herein for exceptions for Users’ authorization to initiate video conference calls to Providers in a Program.) Such video conferencing services may be offered at LHN’s sole discretion to patients and Proxies and their Trusted Circle of Care for healthcare and healthcare support related purposes. We reserve the right to limit the number of minutes used or, restrict use of video conferencing services by any user at any time for any reason. Video conferencing services are provided by us on an “AS IS” basis without any warranty of any kind and may be subject to terms and conditions of any third-party provider of such video conferencing services (which you have to accept in order to participate in such video conferencing). We are not responsible for the availability of such video conferencing or liable for any consequences that may result from the unavailability or quality of the video conferencing.
2.10.3 Records.
Our Services allow users to store personal and health information (“Records”), including Records that identify other individuals, as authorized through their informed digital consent in their Lifeguard Account or Care at Home Account, including other users’ personal and health information. Our Services permit users to share all or portions of these Records at their discretion.
2.10.4 What Other Users Do with Information You Share with Them.
Because our Services enable Users and other parties to view information you share with them, you should take care in selecting with whom you share your Records and other information. Although our Services process such information, we cannot take responsibility for the actions of other users or persons with whom you share your Records and other information.
2.10.5 Clinical Support Information.
We may provide information that may assist you in clinical decision-making. This may include information and reminders concerning general health-care related information and resources. You agree that the information and materials available through the Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your personal judgment. Information may be placed in the Services by us, or if you are a participant in a Program, your Provider, or by authorized third parties. We are not responsible for the accuracy or completeness of information available from or through the Services. You assume full risk and responsibility for the use of information you obtain from or through the Services, and neither we nor any of our licensors or data providers are responsible or liable for any claim, loss, or liability arising from that information or use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials in the Services relating to any such products, items or services is not an endorsement or recommendation of them. You will review the definitions, functionality, and limitations of the Services, and make an independent determination of their suitability for your use. WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY AS TO THE QUALITY, ACCURACY, AND SUITABILITY OF THE INFORMATION PROVIDED BY THE SERVICES FOR ANY PURPOSE. We highly recommend that you always seek the advice of your health care provider or other qualified provider with any questions that you may have regarding your medical condition. Never disregard or delay in seeking professional or medical advice as a result of information you have received from the Services. If you or someone you know is sick, injured, or otherwise in need of medical attention, please call the emergency service in your area (e.g., 911) or contact your regular health care provider immediately.
2.10.6 Connectivity.
Some functions of the Software and Services require a data connection between your mobile device and our servers. You must provide this connection, at your sole expense and responsibility. We are not responsible for the availability of this connection or liable for any consequences that may result from the unavailability or quality of such connection.
2.10.7 Sensors and Plug-ins.
Some functions of the Software and Service rely on third-party sensors and plug-ins. We are not responsible for the availability or performance of these sensors and plug-ins or liable for any consequences that may result from the unavailability or quality of such sensors and plug-ins
2.10.8 Confidentiality of Health Information.
Some of our users – such as Providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the regulations adopted thereunder.
2.11 Sharing of Information.
2.11.1 Except as otherwise described in these Terms, we will not share Personal Information you submit except under the following circumstances:
2.11.1.1 when you choose to share such information through our Services. Under certain circumstances this may require a specialized digital consent before our Services complete certain such transmissions;
2.11.1.2 when you are otherwise notified at the time we collect such information, or we otherwise have your express consent;
2.11.1.3 in connection with a sale, merger, transfer, exchange, reorganization or other disposition (whether of assets, stock, or otherwise) of all or a portion of LHN’s business and conducted by the services to which these Terms apply. If such a transaction occurs, the acquiring company’s responsibilities of Your Personal Information will remain subject to these Terms; and,
2.11.1.4 any other purposes described in the Terms.
2.12 License Grant.
By accessing the Services, you Consent to these Terms, and during the term of these Terms only, LHN grants you a nonexclusive, non-transferable, worldwide, limited license to use the Software application downloaded from the Apple App Store or the Google Play Store to establish a Lifeguard Account or Care at Home Account and access the Services. You may use your Lifeguard Account or Care at Home Account to access the Services on a compatible mobile device regularly and primarily used by you.
2.13 Support.
Support for the Services may be found in the Help and Tutorial sections within your Lifeguard Account or Care at Home Account settings and, similar support may be found on the LHN website: https://lifeguardhealthnetworks.com/support/faq/ (if you have a Lifeguard Account) or https://careathome.app/support (if you have a Care at Home Account). You may also contact Lifeguard Health Networks with your questions via: https://lifeguardhealthnetworks.com/about-us/contact-us/ or your Provider, which is supporting the Services, or via the LHN general email support address: support@lifeguardmobile.com or, support@careathome.app Any information you provide LHN in connection with support services may be used by LHN for its business purposes, including product and service development, subject to the Terms.
2.13.1 We may, from time to time and at our sole discretion, elect to provide “User Support Services”, including but not limited to enrollment and to enable initial and ongoing participation in a Program. These User Support Services may be provided directly by us and/or our third-party contractors under appropriate confidentiality agreements. You acknowledge that we reserve the right to access the Services for User Support Services at any time. LHN shall ensure that its employees and contractors will comply with the Terms and applicable laws.
2.13.2 We may permit access to the Services by our own and our contracted system developers under appropriate confidentiality agreements. We do not have the obligation to, but we reserve the right to, monitor any and all use of our Services and investigate any and all activities. You acknowledge that we reserve the right to access the Services to review, evaluate, repair or enhance the Services (or if applicable, a Program) at any time. Notwithstanding, we commit to limit the number of employees and contractors who have access to the minimum necessary on a need-to-know basis, and further restrict the frequency of access to support the Services (and if applicable, a Program). LHN shall ensure that its employees and contractors will comply with the Terms and applicable laws.
2.14 United States.
Access to certain elements of our Services is administered via servers in the United States (“US”) or in the User’s country of registration origin. Your Personal Information and Non-Personal Information is stored in secure servers in the country of your registration origin. Your Health Information is stored separately from Your Personal Information in US-based servers. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. If you are located outside of the United States, please note Your Health Information, which may be submitted to us from any geographic location, will be transferred to US-based servers – while Your Personal Information will reside in the User’s country of registration origin. By using our Services, you consent to transfer Your Health Information for proper dynamic processing of health data monitoring and data management necessary for proper administration of the Services. The User may access the Services if traveling outside his or her country of registration origin, as long as such access can be enabled (via local internet or wireless service) and is permissible in the jurisdiction where the User is then situated.
3. CONDITIONAL TERMS.
3.1 Exclusive Terms for Users enrolled in an LHN-enabled Provider Program(s).
The terms in Section 3 herein pertain exclusively to Users who enroll in a Program offered to you by a Provider. If you are unwilling or unable to be bound by the terms in Sections 3.1 through 3.7, please do not agree to enrollment in a Program with your Provider, establish a Lifeguard Account or Care at Home Account, or use the Services aligned with a Program. In the event of a conflict between the terms of Sections 3.1 through 3.7 herein and any other terms herein, the terms in Sections 3.1 through 3.7 shall prevail.
3.2 Use of LifeguardRx or Care at Home.
Unlike the free-to-consumer LifeguardMobile or Care at Home application for self-care, LifeguardRx or Care at Home can be used to allow you to participate in a Program and connect you with your authorized Provider(s) who can provide Supported Care via the Services aligned with a Program and, allows Provider(s) to appropriately assign shared engagement with you by other Authorized Workforce members in Provider’s organization to support you in such Program via the Services.
3.3 Use of Care Templates.
Your Provider may assign to you one or more care templates (“Template(s)”) to support you in a Program via the Services. You will be able to access Templates via your Lifeguard Account or Care at Home Account. The Template(s) may include (i) subjective questions about symptoms that you may experience; and/or, (ii) requests for objective data regarding other aspects of your health status such as vital signs, (e.g., blood pressure), and/or elements of wellness, (e.g., sleep), collectively the “Measures”, which you will be asked to record according to a schedule as determined by your Provider. Inclusive of the Measures, your Provider may also set targets and/or thresholds for each of your Measures. These Provider-established targets and thresholds, when missed or surpassed, may trigger alert notification(s) to you, which upon your receipt, delivered to your Lifeguard Account or Care at Home Account, may provide you with additional guidance from your Provider, which you are expected to follow.
3.3.1 Provider Content.
In addition to Measures, Templates may also include medication and medication administration information from your Provider (“Medication”) that may include, for example, dosage and schedule, for which your Provider may enable reminders in your Lifeguard Account or Care at Home Account (“Medication Reminders”). Templates may also provide information related to your condition(s) and enable access to such information and to additional information, such as medication information, as curated by your Provider, together with Medication and Medication Reminders, the “Provider Content”.
3.3.1.1 Other Medications.
In addition to the Medication information you may receive from your Provider, you will also have the ability to manually enter into your Lifeguard Account or Care at Home Account other medication information that has been prescribed to you by your Provider or another prescribing provider (“Other Medications”) – as well as supplements, vitamins and nutritionals (together “Supplements”) that you may take – which have not been entered into your Lifeguard Account or Care at Home Account by your Provider.
3.3.1.2 Drug-to-drug interactions.
You hereby acknowledge that any two or more drugs (including Medications, Other Medications and/or Supplements) taken together may create an adverse or unwanted drug-to-drug interaction. Regarding any Medication, Other Medication or Supplements that you take, (and without regard to any Medication or Other Medication or Supplements that may or may not be included in your medication list in your Lifeguard Account or Care at Home Account), you agree that it is your responsibility to consult with your Provider (and/or with another prescribing provider or pharmacist) about the appropriate use of any Medication, Other Medication or Supplement that you take, including when such Medication, Other Medication or Supplement are taken together. Notwithstanding information that may be made available in the Provider Content, you acknowledge that any information that may be made available by LHN or through the Services, is provided as stated in Section 2.10.5 herein (Clinical Support Information) including but not limited to any information about drug-to-drug interactions.
3.3.1.3 You acknowledge and agree that LHN assumes no liability related to any Provider Content or any Medications, Other Medications or any Supplements that your take, whether or not related information is provided or included on your medication list in your Lifeguard Account or Care at Home Account, and you hereby release LHN from any and all claims, damages, or liabilities in any way related to your use of such Provider Content, or information related to Medications, Other Medications or Supplements provided through the Services.
3.3.2 Language and translations.
Further, you acknowledge that LHN assumes no liability for any Provider Content (or information related to Medications, Other Medications or Supplements) (or Content as stated in Section 4.1) that may be provided through the Services that may be presented in any language (including translations from English, regardless of source or accuracy of such translation) and that you assume full responsibility and release LHN from any and all claims, damages, or liabilities with regard to any and all use of the Templates inclusive of Provider Content and Content, regardless of language in which such Template(s) or Provider Content (or information related to Medications, Other Medications or Supplements or Content) are presented, that may be made available to you through the Services.
3.3.3 Primary role in a Program.
You acknowledge that your participation via the Templates with your Provider in your Supported Care, is a primary role in any Program in which you participate, including reporting your Measures, and if enabled by your Provider, responding to Medication Reminders in your Lifeguard Account or Care at Home Account as directed, and following your Provider’s guidance that is associated with your reported Measures, including alert notification(s) which may be delivered to you via your Lifeguard Account or Care at Home Account.
3.3.4 Any matters related to the content of your Template or Provider Content should be directed to your Provider.
3.4 Supported Care under a Program.
By accepting enrollment in a Program, you (i) Consent to use our Services as a participant with a Provider to enable your Lifeguard Account or Care at Home Account to support such Provider in supporting your care under a Program (“Supported Care”) and, (ii) acknowledge that your Provider has full access to your Lifeguard Account or Care at Home Account (including access to Your Information from all programs in which you may be enrolled) and has the authority to enter data into your Lifeguard Account or Care at Home Account, including reporting on your health status, on your behalf pursuant to Section 3.4.1 herein. Your Provider may also require you to separately agree to participation in a Program via a Provider’s Informed Consent Form (“ICF”) for such Program. In such cases, you will be asked to expressly consent to the ICF. In the event of a conflict between the terms of an ICF from your Provider, which LHN has acknowledged is incorporated into a Program, and these Terms, the terms of the ICF shall control.
3.4.1 Provider establishment of a Lifeguard Account or Care at Home Account on behalf of a patient as a Registered Dependent.
As an option to direct participation in a Program as described in Section 3.4 herein, the Provider may permit member(s) of its Authorized Workforce (“Individual Provider[s]”), through authorization and consent from a patient, to register a license for a Lifeguard Account or Care at Home Account for such patient as a Dependent, with such Individual Provider identified as the Proxy for such Dependent. In such case, the patient shall be referred to herein as a “Registered Dependent”.
3.4.1.1 Creating a Registered Dependent’s Lifeguard Account or Care at Home Account.
The Individual Provider must use an email address as a Proxy (“Proxy Email Address”) to enroll and support a Registered Dependent that is distinct and separate from their professional email address, such professional email address being reserved exclusively for the Individual Provider’s distinct participation in a Program as an Authorized Workforce member. For the sake of clarity, an Individual Provider may use the same Proxy Email Address to support many Registered Dependents. All Registered Dependents associated with the Individual Provider’s Proxy Email Address will display under the Circle of Care heading in the Individual Provider’s Lifeguard Account or Care at Home Account. You as the Individual Provider, will be enabled to use the Services as Proxy on behalf of Registered Dependent(s). The option to establish a Registered Dependent’s Lifeguard Account or Care at Home Account is available exclusively, as authorized by the Provider, to the Individual Provider, who in their reasonable discretion, determines that the patient’s circumstances suggest for example, (including but not limited to): (i) patient does not have compatible technology or technology access, or (ii) the patient’s health condition is limiting so that the patient may not be able to effectively participate in a Program independently; or, (iii) the patient is not able to identify a trusted friend or family member who can be their Proxy who can support their participation in a Program. If you, the Individual Provider, as approved by the Provider, determine that a patient may benefit from a Program as a Registered Dependent and you offer such option, the patient may accept such offer. Notwithstanding, LHN does not require the Provider, nor the Individual Provider, to offer such option.
3.4.1.2 Individual Provider requirement to secure patient consent to be a Proxy.
The authorization of assignment of an Individual Provider as a Proxy and assignment of a patient as a Registered Dependent to that Individual Provider in a Lifeguard Account or Care at Home Account is the sole responsibility of the Individual Provider. Any and all permissions and consents regarding the assignment of any Individual Provider as a Proxy and any patient as a Registered Dependent of such an Individual Provider are wholly determined by the Provider. LHN shall have no responsibility or liability whatsoever regarding the assignment of any Individual Provider as a Proxy and any patient as a Registered Dependent within or outside of the Services.
3.4.1.3 You, as the Individual Provider, acknowledge that you and the Registered Dependent understand that participation in a Program may require frequent communications from you, the Individual Provider (for example phone calls to the Registered Dependent, which will occur outside of the Services). With the information secured from such communications, you, the Individual Provider, as Proxy, may record patient Measures and other health status and view reports on such patient health status in such Registered Dependent’s Lifeguard Account or Care at Home Account using the Services.
3.4.2 Access to Registered Dependent Account and Consent to Terms.
You, the Individual Provider, may access the Registered Dependent’s Lifeguard Account or Care at Home Account and use the Services on behalf of the Registered Dependent using your Lifeguard Account or Care at Home Account, or using your LifeguardHCP Account or Care at Home HCP mobile application. Only you, as the Proxy of a Registered Dependent, have primacy and authority related to such patient’s information (defined, with regard to the patient, as Your Information elsewhere in this document) in the Platform System and use of the Services. You as the Individual Provider who accepts such authorization from a patient and uses the Services on behalf of a Registered Dependent, Consents to these Terms for yourself and on behalf of the Registered Dependent. For the avoidance of doubt, regardless of the Platform System used, the Terms, which apply to the use of LifeguardMobile, LifeguardRx and Care at Home, shall also apply to you, the Individual Provider using LifeguardHCP or Care at Home HCP, for those Lifeguard Account or Care at Home Accounts that you establish for one or more Registered Dependents. Further, and for the sake of clarity, any Authorized Workforce member who uses LifeguardHCP or Care at Home HCP to access Members’ or Dependents’ Lifeguard Account or Care at Home Account also consents to these Terms.
3.4.3 Transfer of Dependent account status for a Registered Dependent of an Individual Provider to a patient (Member) or Proxy.
You, as the Individual Provider, who serves as a Proxy of a Registered Dependent, may at any time, invite your patient to more fully participate in a Program directly, as a Member, or indirectly through a new Proxy, and transfer control of the Registered Dependent’s account to the patient (Member) or to a new Proxy.
3.4.3.1 Prerequisite requirements for participation in a Program.
You, as a Member or a Proxy, acknowledge that certain prerequisites for participation in a Program are required, including an email address, compatible smartphone and mobile phone number, and connectivity access, which together are essential for you to participate in a Program (“Prerequisite Requirements”). Once, you the patient who has been a Registered Dependent, (or you, a person who becomes a new Proxy for a former Registered Dependent), accept participation in a Program, you as the patient (or you as Proxy) assume primacy and authority related to the patient’s Lifeguard Account or Care at Home Account, and the patient’s classification as a Registered Dependent shall no longer apply, and all Terms related to you being a Member (or you being a Proxy of a Dependent patient) shall apply.
3.5 Telehealth Participant Authorization for Access to the Restricted Services.
With prior written approval of LHN, you as the Provider may offer to your patients (and their trusted friends and family members as selected and authorized by the patient, each a “Telehealth Supporting Participant”) the opportunity for limited participation in a Program, together “Telehealth Participants” (as defined in Section 1.15) – without a requirement to establish a Lifeguard Account or Care at Home Account. The identification of Telehealth Participants and authorization to offer access to the Restricted Services (as defined in Section 1.15) is the sole responsibility of the Provider. Any and all permissions and consents regarding access to, use of, and participation in the Restricted Services are wholly determined by the Provider. LHN shall have no responsibility or liability whatsoever regarding Telehealth Participants’ access, use or participation in the Restricted Services. For the avoidance of doubt, if approved by LHN, you the Provider have the option to provide access to the Restricted Services to such Telehealth Participants, including Telehealth Supporting Participants, exclusively to support a patient in a Program, and for no other purpose.
3.5.1 Notwithstanding, in order to participate in the Restricted Services, Telehealth Participants are required to have: an email address and mobile phone number; and, technology that supports engagement using the Restricted Services, (telehealth video conferencing) (“Telehealth Requirements”) . For the avoidance of doubt, all Dependents may be eligible to participate in the Restricted Services as a Telehealth Participant if: (i) authorized by LHN and (ii) made available to you by your Provider, and (iii) you as a Dependent can meet the Telehealth Requirements.
3.5.2 Provider Consent on behalf of Telehealth Participants.
You, the Provider, if Restricted Services are approved by LHN, may permit the Telehealth Participant(s) access to the Restricted Services. You, as the Provider who extends such permission to Telehealth Participant(s) and uses the Restricted Services, Consents to these Terms for yourself and on behalf of all Telehealth Participant(s) and participating Authorized Workforce members.
3.5.3 Patient Health Matters.
You, as the Provider of a patient who consents to be a Telehealth Participant, shall have confirmed patient, and anticipated Telehealth Supporting Participant(s’) consent and acknowledgement that as a Telehealth Participant the patient has authorized the Provider, during participation and use of the Restricted Services, to openly discuss and record (including written, digital, audio and/or video form) all manner of patient health and other information, including but not limited to patient health condition(s), and related health progress or status (“Patient Health Matters”). For the avoidance of doubt, in the event Telehealth Supporting Participants, whom the patient has authorized as Telehealth Participants, participates with the patient through the Restricted Services, you, the Provider, confirm and acknowledge that patient has authorized you to discuss such Patient Health Matters with such Telehealth Participants without restriction of any kind, and assume full responsibility associated with the discussion and recording of such Patient Health Matters. You hereby release LHN from any and all claims, damages, or liabilities in any way related to Patient Health Matters, which may be identified, discussed and/or exposed through the Restricted Services, and hereby confirm such patient authorization shall also include patient acknowledgement and agreement that LHN has no liability whatsoever with regard to the discussion of any Patient Health Matters that may be shared using the Restricted Services.
3.5.4 Change of account status of Telehealth Participant.
You as the Provider hereby confirm that any patient who becomes a Telehealth Participant has been informed that such patient shall not have, or have access to, or use of, any Lifeguard of Care at Home Account. However, you as the Provider, may at any time, invite a patient who is a Telehealth Participant to more fully participate in a Program through an invitation to, and registration in, a Lifeguard Account or Care at Home Account. You, the Provider, acknowledge that a patient’s direct (or via a Proxy indirect) participation demands that Prerequisite Requirements must be met for participation in a Program.
3.5.4.1 Change account status of Telehealth Participant to Member (self-reporting patient).
If you are a patient, who has been a Telehealth Participant and you are invited to more fully participate in a Program, you, the patient, acknowledge that your direct participation demands that you meet the Prerequisite Requirements for participation in a Program. Once you, the patient, accept direct participation in a Program and register for your own Lifeguard Account or Care at Home Account, your classification as a Telehealth Participant shall no longer apply, and all LHN Terms related to you being a Member shall apply to you, and you shall have primacy and authority related to your Lifeguard Account or Care at Home Account and use of the Services.
3.5.4.2 Change account status of Telehealth Participant to Proxy.
If you are a patient, who has been a Telehealth Participant and you are invited to more fully participate in a Program, you, as the patient, may also indirectly participate in a Program by designating a Proxy, who is able to support you in a Program through a Lifeguard Account or Care at Home Account. You, as a Proxy acknowledge that your participation on behalf of a patient demands that you meet the Prerequisite Requirements for participation in a Program. Once you, the patient, authorize indirect participation in a Program through your Proxy, and once your Proxy accepts participation in a Program on your behalf, the Proxy shall assume primacy and authority related to the Dependent’s (patient’s) Lifeguard Account or Care at Home Account and use of the Services. In such case, all Terms related to the patient’s (and the Proxy’s) Lifeguard Account or Care at Home Account shall apply to you, the Proxy. Notwithstanding, if you, as the patient, authorize a Proxy, your classification will be changed to Dependent, but you may also be recognized as an eligible Telehealth Participant and you may continue your participation in a Program using the Restricted Services as permitted by your Provider,
3.6 Program Enrollment.
By enrolling you in a Program using the Services (“Program”), which uses LifeguardRx or Care at Home to support patient care, your Provider makes you eligible to license the LifeguardRx or Care at Home mobile application. Upon your acceptance of your enrollment in your Provider’s Program, (i) the LifeguardMobile application that you install on your smartphone will automatically convert to LifeguardRx, or, (ii) if your Program uses Care at Home, you will be directed to install Care at Home on your smartphone. LifeguardRx or Care at Home uniquely supports a Program enabling you, or your Proxy, and your Trusted Circle of Care, and your Provider to manage your care while you are under such Provider’s Supported Care. LifeguardRx or Care at Home will allow you and your provider to share certain information and allows you to share certain information with your Trusted Circle of Care via your Lifeguard Account or Care at Home Account.
3.6.1 By enrolling in a Program you also authorize your Provider to schedule and initiate video conference calls, if any, with you (and optionally, any Trusted Circle of Care member who you have authorized to participate in such calls). However, you are restricted from initiating video conference calls to your Provider, unless a Program in which you are participating specifically permits such patient-initiated video conference calls to your Provider. (Please direct any related questions to your Provider for clarification.) Notwithstanding, you and your Trusted Circle of Care may use the video conferencing service as enabled by your Provider and permitted by LHN according to the terms in Section 2.10.2 herein.
3.6.2 By enrolling in a Program you acknowledge that additional communication capabilities, other than video conference calls, the use of which is defined in Section 3.6.1 herein, may be enabled to support a Program under the Supported Care of your Provider via the Services. Other such communications via the Services that may be supported include: a) secure in-app journal – the journal function in LifeguardRx or Care at Home allows you to capture additional information that you may choose to share at your discretion with your Trusted Circle of Care OR WITH YOUR Provider’s Authorized Workforce DURING A CLINICAL VISIT. You hereby acknowledge that the JOURNAL IS NOT A MESSAGING TOOL TO COMMUNICATE WITH YOUR Provider’s Authorized Workforce and that your Provider’s Authorized Workforce may or may not access or review your journal entries; b) secure in-app messaging – the messaging function in LifeguardRx or Care at Home enables the capability for you to securely communicate with certain, specific members in your Trusted Circle of Care and, if your Provider has agreed to enable messaging via the Services, your Provider’s Authorized Workforce. You acknowledge that such communication is NOT INTENDED TO BE A METHOD FOR REALTIME COMMUNICATIONS with your Provider’s Authorized Workforce and your Provider is under no obligation to review or respond you your communication(s) via secure in-app messaging within any defined timeframe; and, c) secure in-app alert notification(s) – alert notification(s) may be presented based on data reported by you or your Proxy or an authorized member of your Trusted Circle of Care in LifeguardRx or Care at Home related to your health status. The alert notification generated in LifeguardRx or Care at Home may include a Call Now button, which, if presented, when tapped will place a phone call to a number predetermined by your Provider. You acknowledge that you have sole responsibility for responding to any notification (with or without a Call Now button) and initiating communications related to notifications generated via the Services and any response by your Provider shall be made at its sole discretion, according to protocols established by your Provider.
3.7 Purpose of Service under a Program.
The purpose of the Software and related Services under a Program is to enable you or your Proxy, and your Trusted Circle of Care and Provider to remotely manage your care as the patient under a Program. You authorize us, as the technology provider of the Services under a Program, to use and disclose Your Information as follows, subject to the recipient’s – for example, your Provider, your Trusted Circle of Care – agreement to comply with applicable laws and regulations relating to the use and disclosure of health information.
Further, you authorize your Provider(s) and their Authorized Workforce to make Your Information available to other Provider’s and their Authorized Workforce with whom LHN has contracted and with whom you also participate in such Provider’s own Supported Care Program using the Services. For the avoidance of doubt, you acknowledge and consent that in the event you participate in more than one Program under which you receive Supported Care through the Services, you shall permit such Provider(s) to access Your Information associated with any of the Supported Care Programs in which you participate and permit such Providers to share Your Information to coordinate and support management of your care under their respective Programs using the Services.
3.7.1 We will permit access to Your Information to your authorized “Trusted Circle of Care” to whom you have authorized access according to the permissions settings that you have established in your Lifeguard Account or Care at Home Account. You and they are responsible for ensuring that your, and your Trusted Circle of Care’s use of Your Information is consistent with these Terms
3.7.2 We will grant Administrative Rights and permit access to Your Information to your Provider and the Provider’s Authorized Workforce to support Supported Care under a Program.
3.7.3 We may create Limited Data Sets from Your Information and disclose them for any purpose for which you may disclose a Limited Data Set; and you hereby authorize us to enter into data use agreements on your behalf for the use of Limited Data Sets – for example, with your Provider – in accordance with applicable law and regulation.
3.7.4 We may use Your Information in order to prepare analyses and reports, such as activity or quality-metrics reports, or any other reports the Services makes available, in order to render these reports to You or your Provider. Such reporting will be done in a manner that does not make any disclosure of Your Information that you would not be permitted to make.
3.7.5 We may use Your Information to inform your Provider on your behalf for any purpose for which your Provider would be permitted to contact you, including:
3.7.5.1 for treatment, including, for example, sending appointment and prescription refill reminders;
3.7.5.2 for case management and care coordination, or to direct or recommend alternative treatments, therapies, health care providers or care settings; and,
3.7.5.3 to provide information about any and other health-related matters.
3.7.6 We may use Your Information for the proper management and administration of the Services and our business, and to carry out our legal responsibilities.
3.7.7 Confidentiality of Health Information.
When we store, process or transmit individually identifiable health information on behalf of a Provider who has entered an agreement with us or the Provider’s sponsoring organization, if any, which has entered an agreement with us, we do so as its “business associate”. Under such agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such Providers. We are also subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA in the United States (or similar legislation or regulations, if any, in countries outside the United States), when we operate as a business associate of a Provider or a Provider’s sponsoring organization (on behalf of its Providers).
3.8 Discontinuation in a Program.
Should you discontinue your participation in your Provider’s Program, you may continue to use our Services, but you will no longer be under Supported Care by your Provider, your account will convert from a LifeguardRx Account back to a LifeguardMobile Account, (or your Care at Home Account will then only be available for your own self-care, independent of, and disconnected from, any Program from which you have discontinued participation), and Terms herein shall take precedent over any prior ICF terms for a Program from your Provider. Notwithstanding, if approved by your Provider, you may choose to re-enroll in the original or enroll in a new Program, which shall require your agreement to all then-current terms and related requirements. You may also become eligible to enroll in a separate program that enables Supported Care by any Provider duly contracted with and authorized by LHN directly or is authorized through a sponsoring organization which is duly contracted and authorized by LHN to offer such a separate program. In such circumstances, you will be required to Consent to the then-current Terms and may be required to agree to other terms and/or informed consent form(s) associated with such other program
4. Nature of the Content Leveraged on our Services.
4.1 Overview.
Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or third parties, including other users, professionals, and partners. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we cannot ensure the completeness, timeliness or accuracy of the Content.
4.2 Third-party Offerings.
4.2.1 We may work with certain third parties who may (i) deploy their own engagement support tools on our Services or (ii) provide other products, services or information either independent of our Services or on our behalf (collectively, “Offerings”).
4.2.1.1 Our Services may contain hyperlinks, made available by us or by an authorized third-party, to Offerings by third parties. Such hyperlinks may be found, for example, in the “Guidance & Support” section (in your Lifeguard Account) or the “Support Resources” section (in your Care at Home), made available for your information or prospective benefit.
4.2.1.2 Third-party tools may be deployed to provide online services or analytics, but they may be deployed in other contexts as well, such as social media plug-ins.
4.2.2 Making links to Offerings available in our Services does not constitute or imply our endorsement of such third-party Offerings. Should you access and use Offerings of such third-party providers, they may retain and use the data they collect pursuant to each of their respective publicly available privacy policies. We do not control how these third parties manage the information they gather. Further, they are solely responsible for the suitability, efficacy, safety and quality of such Offerings.
4.2.3 We make no representations or warranties regarding any such Offerings or such products or services.
4.2.4 We treat Personal Information, Non-Personal Information, and Your Health Information that we receive from third parties, if any, the same way we treat Personal Information, Non-Personal Information and Your Health Information that we directly collect from our Services.
4.3 No Medical Advice.
Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (e.g., 911 in the US) immediately.
4.4 Clinical Decision Support Information.
The Content may include information to assist in clinical decision-making. This may include information and reminders concerning medication compliance, program adherence, as well as general healthcare related information and resources. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for professional judgment.
4.5 No Legal or Regulatory Advice.
Some Content may include regulatory related information. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisors with any questions you may have regarding a law, regulation, or dispute.
5. Your Interactions and Communications with Us and Our Services.
5.1 Downloading & Use of Our Mobile Client or Services, Visiting Our Website; Emailing Us.
5.1.1 When you sign-up for or log-in to one of our Protected Services, or when you submit information on a web form or email us, you are communicating with us electronically. When you visit our websites or establish a Lifeguard Account or Care at Home Account with your Credentials, we and certain third-party service providers collect information during your activity. In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by these Terms.
5.1.2 As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be sent within your Lifeguard Account or Care at Home Account, by email, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have registered for one or more of the Protected Services, our Service announcements and administrative messages we provide you are considered part of the Protected Services themselves, which you may not be able to opt-out from receiving until you cease using or delete your account (in your account – Settings>Edit>Delete Account), which shall deactivate your Credentials to Protected Services.
5.1.3 Our Services allow us to communicate with users through our push communications and Service-branded emails; and users to communicate with other users via in-product instant messaging (intra-system) services, and other electronic communication channels. Communications that are sent by or on behalf of a user are indicated as being “From” that user. Communications that are sent by us are indicated as being from us. Either type of communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates – such as an appointment reminder, an event escalation, and the like.
5.1.4 Email communications you receive from other users and our administrative announcements are often relationship messages, such as invitations from users, appointment requests, reminders and cancellations and other plan or Service notifications. You may select to opt out of or opt in to receiving certain types of messages and email, by modifying your preferences in settings.
5.1.5 You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
5.2 Community Standards.
Without limiting the generality of the foregoing, when you use any of our Services, you will adhere to the following “Community Standards”:
5.2.1 you will not threaten, harass, defame, disparage, menace, stalk or abuse any user, individual or entity;
5.2.2 you will not use any language that is racist, sexist or degrading to any religion, ethnicity, sexual orientation, gender or nationality;
5.2.3 you will not engage in, or advocate engaging in, any fraudulent, violent or other illegal conduct;
5.2.4 you will not submit pornographic, obscene or sexually suggestive content;
5.2.5 you will not impersonate any person or entity, including any of our employees. You will only submit content that you believe to be true, and you will not purposely provide false or misleading information;
5.2.6 you will not submit any unauthorized or unsolicited advertising, including website links not authorized by LHN. Notwithstanding, you may add website links for your own use, and enable access of those links to your Trusted Circle of Care, via the “Documents” icon (in your Lifeguard Account) or “Guidance” icon (in your Care at Home Account);
5.2.7 you may not state or imply that any product, service, individual, or entity is sponsored or endorsed by LHN; and,
5.2.8 you will not infringe, misappropriate or otherwise violate any copyright, trademark or other proprietary right of any individual or entity.
5.3 Reporting Violations.
We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.
6. Miscellaneous.
6.1 Ownership.
The Software is licensed, not sold. All Software (including any changes you may request or suggest) is the property of LHN and/or its licensors. Title to each copy of the Software and all related intellectual property rights embodied in or represented by the Software will remain with LHN and/or its licensors at all times, as will all other rights not explicitly granted to you under these Terms. If you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, or to our customer support or other personnel – you acknowledge and agree that (1) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (3) we are entitled to use or disclose (or choose not to use or disclose) and otherwise freely exploit such Suggestions in any way and for any purpose; (4) such Suggestions automatically become our property without any obligation; and (5) you are not entitled to any notification, attribution, accounting, compensation, reimbursement or other obligation of any kind from us with respect to such Suggestions under any circumstances. Except for your content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights we grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.
6.2 Violations.
We do not have the obligation to, but reserve the right to, monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, our rights or interest, or the rights or interests of any person or entity. We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third-party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation.
6.3 Indemnification.
You will indemnify, defend and hold harmless LHN and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of our Services or your violation of applicable law.
6.4 Disputes; Governing Law; Jurisdiction.
The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the County of New Castle in the State of Delaware, and agree not to bring any of action relating to the use of our Services or to these of these Terms in any court in any jurisdiction other than the state or federal courts located in the County of New Castle, State of Delaware. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect our or any third-party’s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.
6.5 Remedies.
LHN’s rights and remedies under these Terms are cumulative. You acknowledge that the Services contain valuable trade secrets and proprietary information of LHN, that any actual or threatened breach of these Terms by you with respect to your obligations with respect to the intellectual property rights of LHN will constitute immediate, irreparable harm to LHN for which monetary damages would be an inadequate remedy. In such case, LHN will be entitled to immediate injunctive relief without the requirement of posting bond.
6.6 Termination.
6.6.1 You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 6.1 through 6.14 shall survive any termination or expiration of these Terms.
6.6.2 If you desire to deactivate your Lifeguard Account or Care at Home Account, go to your settings in your Lifeguard Account or Care at Home Account to delete. Upon taking such action, your account will be deactivated, and your Personal Information and Records will be securely archived. We retain archived information for a period of seven (7) years (or longer if required by law, or by contracted agreement with a customer or partner) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under these Terms.
6.6.3 If you have used our Services and have shared Your Information with another user or other party and subsequently delete your Lifeguard Account or Care at Home Account, you will not be able to access, update or delete that shared information pursuant to the Terms. Please also note that other users may submit personal information that identifies you. Upon deleting your Lifeguard Account or Care at Home Account, you will not be able to access, update or delete that information pursuant to these Terms. In either case, certain users – such as providers – may be required under HIPAA and other applicable laws or regulations in the US (or similar laws or regulations, if any, in other countries in which LHN operates) to retain such information for extended periods of time. This means that until our agreement with such user(s) terminate(s), we may continue to retain such information on their behalf. HIPAA in the US (or similar laws or regulations, if any, in other countries in which LHN operates may) grants patients certain rights to access and correct certain health information their healthcare providers retain about them. Patients should submit requests to access or correct their health information directly to their healthcare providers.
6.6.4 You should also be aware that we may store Non-Personal Information, including De-identified Information, as well as all information that you have shared on any of our public forums, surveys and the like.
6.7 Disclaimers and Limitations on Liability.
ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, WRITTEN, ORAL, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, TRADE USAGE OR PRACTICE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES, CONTENT OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
6.8 Risks You Assume.
WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT OR INFORMATION YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
6.9 Limitation of Liability.
IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “LIFEGUARD HEALTH NETWORKS ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL, LOSS OF INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE MAXIMUM CUMULATIVE LIABILITY OF THE LIFEGUARD HEALTH NETWORKS ENTITIES ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO LHN DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU TO LHN, THEN $100. IN NO EVENT SHALL LHN’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS.
The Parties agree that the limitations of liability set forth in this Section 6.9 (Limitation of Liability) shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The Parties acknowledge that the fees have been set and the Terms entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the Parties. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.
6.10 Severability.
If any provision of these Terms is held to be deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
6.11 No Waiver.
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
6.12 Interpretation.
In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. These Terms constitute the entire agreement between you and LHN regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a subsequent User Agreement, if any, the provision set forth in User Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement.
6.13 Electronic Contracting.
Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS YOU ENTER INTO ON THE SERVICES.
6.14 Assignment.
We may freely assign these Terms in connection with a reorganization, merger, acquisition, or sale of assets, or by operation of law or otherwise. You may not assign any of your rights or obligations hereunder without our prior written consent. The terms of these Terms shall be binding upon the Parties and their respective successors and permitted assigns.
6.15 Amendments.
We work hard to continuously improve and enhance our Services. Some of these improvements and enhancements may result in changes to these Terms. We may update or change our Services, or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Your use of our Services following any such change constitutes your agreement that all information collected from or about you through our Services after the revised Terms are posted will be subject to the then-current terms of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via (i) email; (ii) your Lifeguard Account or Care at Home Account; or, (iii) our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.
Contact Us.
You may contact us at:
Lifeguard Health Networks, Inc.
Attention: Terms of Use
27772 Lupine Road,
Los Altos Hills, CA 94022 USA