Terms and Conditions

Use of Livpact’s website and applications (this “platform”) is governed by the terms and conditions below and any special rules for certain software or content found on the platform (collectively, “Terms of Service”). The platform is a care coordination and engagement platform in which you can coordinate care for a group of people caring for one or more people, including information about medical conditions, active medications, health history and records, social situation, legal and financial documents, among other things. These Terms of Service constitute a legally binding agreement between you and Livpact Inc. (“Livpact”).

You must be at least 13 years old to use the platform. You must be at least 18 years old to register for a Livpact account. If you are not at least 18 years old, you are prohibited from creating an account on the platform. By clicking on the “I AGREE” button at the end of this page or using the platform, you agree that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree with any of these Terms of Service, do not use Livpact’s platform. The platform is not directed to children under 13 years old, and does not knowingly collect, solicit, or accept personal information from children under 13 years old.

Livpact, located at 8 Beverly Commons Way #24, Beverly, MA 01915, is a C corporation organized under the laws of the State of Delaware. References to Livpact include any subsidiaries or affiliates of Livpact involved with providing the services offered by Livpact. The servers that host this website are located in the United States, and any personal information you provide to Livpact will be processed by Livpact or its service providers in the United States.

Communication

Livpact may communicate with you by email. Please be aware that most email is not a secure method of communication and could be intercepted or read by other people. If you do not wish to accept this risk and allow Livpact to communicate with you by email, do not accept these Terms of Service and do not use the Livpact platform.

Your acceptance of these Terms of Service and your use of the Livpact platform and services constitutes your agreement that Livpact may contact you by phone, fax, email, or text message, as long as the contact is reasonable and appropriate and related to the services Livpact provides to you.

Medical Advice

Livpact does not offer medical advice and does not engage in the practice of medicine. The information that Livpact provides to you is for informational purposes only. Livpact is not a substitute for your physician’s professional medical judgment. The content of this platform should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. If you are experiencing a medical emergency, dial 911 or your own physician. Reliance on any of the information provided by Livpact is solely at your own risk.

Our website offers general information and is not intended to serve as, and does not constitute medical advice in any way. This information is not intended to cover all possible aspects of health and wellness nor should the material be construed to indicate that the information is safe, appropriate, or effective for Livpact or its customers. Livpact understands that it and its customers should always consult a physician or other healthcare provider to determine the appropriateness of any information for its own situation or should it have any questions regarding a medical condition or treatment plan. Livpact is not liable for any health consequence or other damages arising from any errors or omissions by Livpact, its customers or by a physician, clinic or any health professional or other third party in the application of information available on the website. Information available on our website has not been approved for medical use in the United States or otherwise approved by the U.S. Food & Drug Administration. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our site. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our website or accessible through links on our website. Reliance on any information provided by us, our employees, others appearing on our website (whether or not by our invitation), or other visitors to the site is solely at your own risk.

External Links

Livpact may provide links to other websites that it believes are helpful to users. When you click such a link on the website, you will be leaving Livpact’s platform. Please be aware that the terms of use and the privacy policies of any third party sites you visit through links provided on this website, if any, may differ from these Terms of Service. Therefore, you should consult the other sites’ terms of use and privacy policies, as Livpact has no control over such third parties’ practices. Your use of third party websites is at your own risk. Livpact does not endorse and is not responsible for any content, products, or other materials on or available from such sites.

Responsibility for Information

The personal information about you that is available on the website is provided by you, either directly or through your accounts for your fitness or medical devices, or by your health care provider’s patient portal at your direction. Please see Livpact’s Privacy Policy for more information.

While Livpact attempts to accurately upload the information it receives, Livpact does not review this content for completeness or accuracy, nor does Livpact screen it in any way. LIVPACT MAKES NO WARRANTIES THAT ANY INFORMATION IS CORRECT, COMPLETE, OR CURRENT, AND DOES NOT EVALUATE WHETHER A DATA SOURCE HAS THE LEGAL AUTHORITY TO PROVIDE INFORMATION TO LIVPACT. You acknowledge and agree that Livpact is not responsible for any materials or information posted to or otherwise available on the Livpact platform, whether provided by you, Livpact, or another person or entity. Any reliance on such materials is at your own risk.

You are solely responsible for the accuracy and completeness of any information that you submit, or authorize to be submitted, to Livpact. You are also responsible for the security of your password and for the use of your Livpact account, whether or not such use has been authorized by you. You must immediately notify Livpact of any unauthorized use of your password or your account by contacting Livpact at admin@livpact.com.

Your Livpact account allows you to share your information with others, if you choose. You are solely responsible for any access to your information that you choose to give to others, , and for removing any access that you no longer wish to give. You acknowledge and agree that Livpact is not responsible for any account access or disclosure of information that you have directed or authorized. Please see Livpact’s Privacy Policy for more information.

Ownership

Livpact and its licensors, if any, own all proprietary rights to Livpact, Livpact platform and applications, and all text, images, data, information, and other content (collectively, “Livpact Content”), including all intellectual property rights therein, displayed, available, or appearing on the Livpact platform. The software coding and the look and feel of the service provided by Livpact are copyrighted by and the property of Livpact. You should assume that everything you see on this website and platform is copyrighted unless otherwise noted and may not be used without permission, except as otherwise provided in these Terms of Service. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Livpact.

Livpact may use certain documents from other companies, including but not limited to forms provided by health insurance plans or their business partners. Copyright of these documents is retained by their respective owners, and Livpact claims no ownership of such material. Livpact uses such material under fair-use provisions of copyright law.

Provided you are not in default of any of your obligations hereunder, Livpact gives you a personal, revocable, non-assignable, and non-exclusive license to use the Livpact platform and other services offered by Livpact. You may view or download a single copy of the Livpact Content solely for your personal, non-commercial use. Any reproduction, redistribution, retransmission, or display of the Content available on the Livpact platform, or any portion of such Content, not in accordance with these Terms of Service is expressly prohibited. You agree not to infringe upon any intellectual property rights or remove or modify related proprietary notices contained in this website.

All rights not expressly granted herein are reserved to Livpact and its licensors.

Personal Health and User Content

Any information that you create regarding you or a person you are providing care for including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage is considered ‘Personal Health Information’. The Livpact Privacy Policy describes how “Personal Health Information” may be used and shared.

Apart from Personal Health Data, other information that you create, transmit, display, or submit to this website, the platform or to Livpact is “User Content.” Except as otherwise provided in the Privacy Policy, User Content will be deemed to be non-confidential and may be disclosed through this website to unknown persons without control by Livpact, including for browsing, downloading, printing, and other uses by such other persons or entities. You agree not to submit User Content to this website or Livpact except for User Content that is fully authorized for purposes of this website and these Terms of Service, and you will not infringe upon any person’s intellectual property rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws.

You agree that Livpact shall have, and hereby grant to Livpact, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, distribute, translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you submit to this website, the Livpact platform or Livpact. Livpact does not endorse any User Content that may appear on this website. Nothing in these Terms of Service shall obligate Livpact to use any User Content you submit or permit the posting of such User Content on this website.

Authorized and Prohibited Uses

Your use of the Livpact platform and of any Livpact or User Content accessed through services offered by Livpact must comply with all applicable laws, regulations, and ordinances, including, but not limited to, those pertaining to privacy, intellectual property, the export of data or software, coding, billing, and payment.

You may not access the platform other than through the interfaces Livpact provides, nor may you interfere with or disrupt the proper operation of the Livpact platform. You will only submit User Content and material that is functionally and technically compatible with this website and you will not engage in any conduct or submit to this website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You will not attempt to and will not damage, corrupt, tamper with or infect this website or any information or telecommunication system of Livpact with a virus or other malicious computer program. You may not reverse engineer, disassemble, or de-compile any software code or proprietary elements of the Livpact platform.

You will only use this platform for the permitted purposes stated in these Terms of Service, and will not engage in abusive activity with respect to this platform. Without limiting the generality of the foregoing, you agree not to undertake any activity which may adversely affect the use of this platform by any person. You are prohibited from using any services provided in connection with this platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. Integrating with, automating, “spidering,” or “scraping” are all prohibited and are a violation of PHR Plus’s Terms of Service, and may be illegal. Only human users using the platform manually are permitted. If you become involved in any violation of system security, Livpact reserves the right to release your information to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Referencing the Livpact platform in an “iframe” or otherwise making it appear that the Livpact platform is part of a third party site is prohibited. Livpact does, however, encourage linking to Livpact.com. All such links must be direct links to the top page of the website (www.livpact.com) without framing. If Livpact deems your linking practices to be inappropriate, it may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Livpact relating thereto.

Warranties

YOU UNDERSTAND AND AGREE THAT THE LIVPACT SERVICE IS AVAILABLE SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER LIVPACT NOR ANY OF LIVPACT’S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM COMPUTER VIRUS. IN NO EVENT SHALL IVPACT BE LIABLE FOR ANY LOSS OR DAMAGE, DELAY IN PERFORMANCE, OR NONPERFORMANCE CAUSED BY EQUIPMENT MALFUNCTION OR BREAKDOWN, NETWORK OR PIPELINE DISRUPTION, SEVERE WEATHER CONDITIONS, INFORMATION UNAVAILABILITY, STRIKES OR OTHER LABOR DISPUTES, RIOTS, FIRE, INSURRECTION, WAR, FAILURE OF CARRIERS, ACCIDENTS, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND LIVPACT’S CONTROL. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS OF LIABILITY

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF LIVPACT’S TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH LIVPACT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE PLATFORM AND THE SERVICES LIVPACT PROVIDES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER LIVPACT NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH LIVPACT, EVEN IF LIVPACT KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER LIVPACT NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

Indemnification

You will defend or settle at your sole expense any third-party claim against Livpact or any third party or licensor related to Livpact arising out of or related to your use of the platform or Livpact’s services and you agree to indemnify and hold harmless Livpact and its affiliates, officers, directors, employees, and contractors from any demands, claims, damages, liabilities, expenses, or harms (including attorneys’ fees) arising in connection with your use of this website or breach of these Terms of Service.

Good Samaritan Policy

It is the policy of Livpact not to tolerate any acts of intellectual property infringement or violations of federal or state law. Livpact will, in good faith, make its best efforts to remove, disable, or restrict access to the availability of Livpact or User Content on the website that, in its subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Livpact any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the website. If you believe that someone has violated this policy, promptly notify Livpact by email at admin@livpact.com and provide as detailed a description of the alleged violation as possible. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Platform Administration

Livpact reserves the right to deny access to any user at any time for any reason. Livpact may place limits on, modify, suspend, or terminate this website at any time without liability or prior notice, and may suspend or terminate your use of Livpact’s services if you fail to comply with these Terms of Service. This suspension or termination may delete your registration, information, files, and other previously available Livpact or User Content. However, backup files containing this information may be stored for purposes of regulatory compliance.

Modifications

Livpact may modify these Terms of Service and they are subject to change from time to time. Therefore, you are advised to review these Terms of Service regularly. Livpact will post a notice of modification on this page and changes will be effective immediately. The changes will apply to all information Livpact has collected. The most current Terms of Service will always be available at https://www.livpact.comterms-and-conditions. If you do not agree to the modified Terms of Service, you should discontinue your use of the website and disable your account with Livpact. For information on how to do so, please contact admin@livpact.com. Your continued use of the platform and the services shall constitute your acceptance of the modified Terms of Service.

Entire Agreement

These Terms of Service are the entire agreement between you and Livpact related to Livpact’s platform and services. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. The headings contained in these Terms of Service are for convenience of reference only and shall not affect or alter the meaning or effect of any provision hereof.

Livpact has no obligation to become involved in any dispute between a user of this website and any other person. This website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona, excluding Arizona’s conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT OR THIS PLATFORM IS DELAWARE. YOU AND PHR PLUS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

Nothing in these Terms of Service limits either party’s ability to seek equitable relief.

Contact Us

Livpact is happy to address questions about its Terms of Service or this website. Please send your questions to admin@livpact.com. Alternatively, you may write to Livpact at:

Livpact
8 Beverly Commons Way #24
Beverly, MA 01915

Effective Date: (9/1/2018)

Modified: (9/1/2018)