Terms of Use

Last Updated: October 28, 2015

These Terms of Use (these “Terms”) are a legal agreement between you and LifeMap Solutions, Inc. (“LifeMap Solutions,” “we,” or “our”) providing the terms and conditions of your use of our website at www.lifemap-solutions.com (the “Website”), downloadable software that we make available to you (the “Software”), and all services, data, and materials accessed via the Website or Software (the “Services”). The Website, Software, and Services are sometimes individually referred to in these Terms as a “Property” or collectively as the “Properties.” If you have any questions or concerns about these Terms, you may contact us by email at privacy@lifemap-solutions.com.

If you are using the Properties on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement.

Agreement. By browsing, creating an account for, accessing, or using any Property, you agree to these Terms. If you do not agree to these Terms with respect to any Property, do not access or use that Property.

NOTICE TO USER. THE PROPERTIES MAY RECEIVE AND ANALYZE INFORMATION ABOUT YOUR PHYSICAL ATTRIBUTES. THE PROPERTIES AND LIFEMAP SOLUTIONS DO NOT DIAGNOSE HEALTH CONDITIONS, DO NOT PROVIDE MEDICAL ADVICE, AND do not create any patient-physician relationship. THE PROPERTIES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, diagnosis, or treatment. THE PROPERTIES ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE. DON’T USE THE PROPERTIES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR PROPERTIES. USE OF THE PROPERTIES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY SERVICES THROUGH ANY OF THE PROPERTIES.

Limitations and Arbitration.

THESE TERMS INCLUDE PROVISIONS THAT LIMIT THE WARRANTIES AND LIABILITIES OF LIFEMAP SOLUTIONS.

These Terms obligate you to use arbitration rather than court proceedings in the event you make a claim against us related to the Properties.

Additional Terms. These Terms hereby incorporate any additional terms provided to you by LifeMap Solutions on the Website or when you access other Properties, for example, additional service terms or software license terms. To the extent there is a conflict between these Terms and such additional terms, such additional terms will prevail.

Update of Terms. We may, from time to time, at our sole discretion, modify, replace, or update these Terms and our Privacy Policy. When we modify these Terms or our Privacy Policy, we will notify all registered users of the Properties of such modifications. It is your responsibility to check these Terms periodically for changes. You will be deemed to have renewed your acceptance of these Terms and our Privacy Policy, as they may be amended, each time you use any of the Properties.

1. Requirements; Accounts; Messages.

1.1 Requirements.  You may not use the Properties unless you are at least 13 years of age. You represent that you have read and understood, and that you agree to be bound by, these Terms. If you do not agree to, or cannot comply with, any of the terms and conditions of these Terms, please do not agree to them and do not attempt to access any of the Properties.

1.2 Accounts. You, or an authorized third party on your behalf, may be required to register and provide certain information, including, for example, a member or username, a password, and a valid email address (the “Account Information”) before using the Properties. You agree to provide accurate and complete Account Information and to update such information as necessary to keep it accurate. You are solely responsible for activity that occurs on your account. You agree to notify us immediately of any unauthorized use of your Account Information or account of which you become aware. LifeMap Solutions is not responsible for any losses arising out of the unauthorized use of your Account Information or account and you agree to indemnify and hold harmless LifeMap Solutions, its officers, director, employees, partners, parents, subsidiaries, agents, affiliates and licensors, as applicable, for your improper, unauthorized, or illegal uses of the same.

1.3 Messages. By providing LifeMap Solutions with your email address or mobile phone number, you consent to our using the email address or number to send you notices related to your use of the Properties, including notices required by law and in lieu of postal mail. You may not opt out of such notices. We may also use your email address to send you other messages, including information about special offers, in accordance with our Privacy Policy at http://www.lifemap-solutions.com/privacy-statement/. You may opt out of such messages by changing your account settings or by sending an email message to optout@lifemap-solutions.com that specifies the email address you wish to opt out of marketing-related communications.

NOTE THAT WHEN YOU CONTACT US BY EMAIL OR OTHER CHANNEL, SUCH COMMUNICATION MAY BE TRANSMITTED OVER UNSECURE COMMUNICATION LINES AND THEREFORE MAY NOT BE SECURE. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR OTHER CHANNEL, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR OTHER CHANNEL, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION DURING THE COURSE OF TRANSMISSION.

2. Personal Information and Privacy. The Properties may include features that allow you to transmit to us information about your physical attributes and health. You should carefully read our full Privacy Policy before using the Properties as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us and you acknowledge that you have read and understand the LifeMap Solutions Privacy Policy found at http://www.lifemap-solutions.com/privacy-statement/. Our Privacy Policy is hereby incorporated into these Terms. You acknowledge that we may use and disclose all information and data, including your User Content that includes personally identifying information and personal health information, in any manner that is not prohibited by our Privacy Policy or by law.  If you do not consent to such use and disclosure of such information, you should not access or use the Properties.

3. Use Rights. Subject to your compliance with these Terms and any additional terms made available to you by LifeMap Solutions, LifeMap Solutions grants you the limited, non-exclusive, non-transferable right to access and use the Properties only with supported browsers and devices, and solely in the manner and for the purposes described in these Terms, on the Website, or in any relevant LifeMap Solutions documentation. You may install and use one copy of Software only on each device you own or use in a manner consistent with its documentation and design.

4. Obligations and Restrictions.

4.1 Obligations. You will: (1) Choose a strong, complex password in order to minimize the risk of your account being compromised. (2) Maintain the confidentiality of any password chosen by you or issued by LifeMap Solutions and restrict access to your computer so that others may not access any password-protected portion of the Properties using your name, user name, or password in whole or in part; (3) Accept responsibility for all activities that occur under your account or password; (4) Monitor your account(s) created on the Properties to restrict use by minors, deny access to children under the age of 13, accept full responsibility for any unauthorized use of any Service by minors in connection with your account, and be responsible for any use of your credit card or other payment instrument by minors; and (5) Never access or use another person’s account without such user’s express permission.

4.2 Restrictions. You will not: (1) Use any Property if you are under the age of 13; (2) Use any Property for any illegal purpose; (3) Sell, transfer, sublicense, rent, lease, trade, gift, assign or otherwise transfer any Service account or other Property; (4) Create more than one Service account for the same Service at any given time or create an account using a false identity or information, or on behalf of someone other than yourself; (5) Create a Service account or use any Property if you have previously been removed by LifeMap Solutions; (6) Use any Property if you are prohibited by U.S or other law from doing so (for example, because you are located in a nation embargoed by the United States); (7) Use your Service account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages; (8) Use your Service account or any other Property for any illegal purpose; (9) Use any software, malware, bots, hacks, mods, or any unauthorized software to modify, disable, or interfere with any Property, or to assist anyone to do so; (10) Decompile, reverse engineer, or otherwise attempt to discover the source code of any Property; (11) Disrupt, overburden, or aid or assist in the disruption or overburdening of, any computer or server used to offer or support any Property; (12) Attempt to gain unauthorized access to any Property or to the computers, servers, or networks connected to any Property by any means or to access any Property or the computers, servers, or networks connected to any Property by any means other than the user interface provided by LifeMap Solutions, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of any Property; (13) Upload to any Service any information that is illegal, untrue, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; (14) Upload to any Service any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; (15) Harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, or group, including LifeMap Solutions employees; (16) Make available through any Property any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person; (17) Use any Property to solicit or collect personal data, including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, screen scraping, database scraping, harvesting, or any other automatic means of accessing, logging-in, or registering on a Property; (18) Make any Service or other Property available over a network not controlled by LifeMap Solutions where it could be used by others; (19) Use, copy, distribute, or otherwise exploit the Properties other than as expressly permitted by these Terms; (20) access the Properties if you are a competitor of LifeMap Solutions or of the Properties (21) use the Properties for reasons that are in competition with LifeMap Solutions or the Properties or (22) Encourage or permit anyone to do any of the foregoing.

4.3  Revocation and Termination. LifeMap Solutions may revoke your rights and terminate your access to the Properties for any reason (including, but not limited to, receipt of claims that you have violated these Terms) or for no reason at all. We may also impose limits on certain features, services, or properties or restrict your access to parts or all of the Properties without notice or liability. LifeMap Solutions may, in its sole discretion, refuse to offer the Properties to any person or entity and change our eligibility criteria to access any part of the Properties at any time for any reason. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

5. Ownership. You acknowledge that the Properties are owned by LifeMap Solutions and its licensors. All title and intellectual property rights in and to the Properties are the property of the respective owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Except as expressly granted in these Terms, LifeMap Solutions does not grant any rights in the Properties. You are not granted any right or license in any trademark, including the LifeMap Solutions trademark or logo. Please contact LifeMap Solutions for information about the use of its trademarks.

6. User Content. “User Content” means any communications, images, sounds, videos, and all the material, data, and information that you or any other user submits to or transmits through any Property. “User Content” includes individually identifiable health information that you submit to or transmit through a Property. You agree that all User Content that you upload or otherwise transmit while using a Property will (1) be accurate; (2) not violate applicable law, contractual restriction, or third party right, and that you have necessary permission from any third party whose personal information or intellectual property is included in the User Content; and (3) be free of viruses, adware, spyware, malware, worms or other malicious code. You hereby grant LifeMap Solutions and its employees, subsidiaries, and affiliates, a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up, and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, and distribute User Content in accordance with our Privacy Policy found at http://www.lifemap-solutions.com/privacy-statement/. We will not sell, barter, rent, or exchange your User Content to third parties.  To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You are entirely responsible for all of your User Content. LifeMap Solutions assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Properties for inappropriate or illegal content or conduct. If LifeMap Solutions chooses at any time, in its sole discretion, to monitor a Property, we have the right, in our sole discretion, to, refuse to post, or remove any User Content and may monitor and record your interaction with the Property or communications when you are using the Property.

7. Disclaimers.

7.1 No Warranty. UNLESS EXPRESSLY PROVIDED BY LIFEMAP SOLUTIONS IN ADDITIONAL TERMS, THE PROPERTIES ARE PROVIDED “AS-IS.” ANY USE OF THE PROPERTIES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFEMAP SOLUTIONS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT. LIFEMAP SOLUTIONS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE PROPERTIES WILL BE FREE FROM LOSS, ERROR, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LIFEMAP SOLUTIONS DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

7.2 Discontinuation. UNLESS OTHERWISE AGREED BY LIFEMAP SOLUTIONS IN WRITING, LIFEMAP SOLUTIONS MAY, WITHOUT PRIOR NOTICE, MODIFY, SUSPEND, OR DISCONTINUE THE PROPERTIES (INCLUDING WITHOUT LIMITATION, THE AVAILABILITY OF ANY FEATURE, SERVICE, OR CONTENT) OR YOUR USE OF THEM. WHENEVER LIFEMAP SOLUTIONS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE A PROPERTY, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. LIFEMAP SOLUTIONS WILL HAVE NO OBLIGATION TO YOU FOR YOUR LOST CONTENT.

8. Limitation of Liability.

8.1 NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LIFEMAP SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF LIFEMAP SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PROPERTIES.

8.2 AGGREGATE LIMIT. THE AGGREGATE LIABILITY OF LIFEMAP SOLUTIONS AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS (INCLUDING THE TERMS OF OUR PRIVACY POLICY) SHALL BE LIMITED TO THE AMOUNT OF PREPAID AND UNUSED FEES THAT YOU PAID US FOR THE PROPERTY AT ISSUE, IF ANY. THE ABOVE LIMITATIONS WILL APPLY EVEN IF LIFEMAP SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF GREATER DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8.3 APPLICABILITY. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

9. Third Party Services. The Properties may allow you to view, use, or include links to third party websites or vendors (“Third Party Site”). You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. LifeMap Solutions is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. If you decide to use Third Party Sites or you do so at your own risk and that this Agreement does not apply to your use of any Third Party Site.

10. Indemnity. You will indemnify and hold LifeMap Solutions, its directors, officers, employees, affiliates, agents, contractors, and suppliers harmless from any damages, liabilities, or expenses arising from or based upon your failure to comply with these Terms. LifeMap Solutions may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify LifeMap Solutions, and you agree to cooperate with our defense of these claims. LifeMap Solutions will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This Section will survive any termination of your Service accounts or right to use any other Property.

11. Copyright Infringement.

11.1 DMCA. LifeMap Solutions will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, 17 USC 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and making good-faith attempts to contact the user who posted the content at issue so that he or she may, where appropriate, make a counter-notification.

11.2 Notice. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted by LifeMap Solutions, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to the LifeMap Solutions Copyright Agent (contact information below). The notice must include all of the following elements: (1) A physical or electronic signature of the owner, or person authorized to act on behalf of the owner, of the copyright interest that is alleged to have been infringed; (2) A description of the copyrighted work(s) that you claim to be infringed and an identification of what content is infringing and that you request to be removed or disabled; (3) A description of where the material that you claim is infringing is located in the Properties; (4) Information sufficient to permit LifeMap Solutions to contact you, such as your physical address, telephone number, and email address; (5) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Before you file such a notification, please carefully consider whether or not the use of the material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of copyrighted material constitutes infringement, please contact an attorney.

11.3 Copyright Agent. The LifeMap Solutions Copyright Agent can be reached as follows:

By mail:

Copyright Agent LifeMap Solutions, Inc. 1301 Harbor Bay Parkway, Suite 100 Alameda, CA 94502

12. Termination. LifeMap Solutions will determine, in its sole discretion, your compliance with these Terms and may immediately terminate your access and right to use the Properties if you fail to comply. Unless otherwise agreed by LifeMap Solutions, LifeMap Solutions may terminate your access and right to use the Properties for any reason, or no reason, in its sole discretion. You may cancel any Service account at any time by following the instructions on the relevant Property.

13. General.

13.1 Facilities. You are responsible for providing the DSL, cable modem, and any other hardware and software necessary to use the Properties.

13.2 Governing Law; Forum. These Terms are governed by the laws of the State of California, excluding its conflict of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the rules and procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Either party may seek injunctive or other emergency relief in any competent court. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in County of Santa Clara, California.

13.3 Severability. If any portion of these Terms or of the LifeMap Solutions Privacy Policy is found illegal or unenforceable in whole or in part, such provision shall be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.

13.4 Assignment. LifeMap Solutions may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

13.5 Entire Agreement. These Terms (including the LifeMap Solutions Privacy Policy and any other additional terms incorporated by reference herein), contain the entire understanding of you and LifeMap Solutions, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and LifeMap Solutions with respect to the Properties.

13.6. Waiver. The failure of LifeMap Solutions to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.

13.7. Modification. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by LifeMap Solutions shall be deemed a modification of these Terms nor be legally binding unless documented in physical writing and hand signed by you and a duly appointed officer of LifeMap Solutions.

13.8 Notices. We may notify you via postings on a Website or via email or any other means to the contact email address you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Properties.  All notices given by you or required from you under these Terms will be in writing and addressed to: LifeMap Solutions, Inc., 1301 Harbor Bay Parkway, Suite 100, Alameda, CA 94502, Attn: Legal Department. Any notices that you provide not in compliance with this Section will have no legal effect.