Terms of Service
Last updated June 9, 2025
AGREEMENT TO OUR LEGAL TERMS
We areLifekind System ("Company," "we," "us,""our"), a company registered in Arizona, United States at 10105 E.Via Linda, Ste. 103 PMB 1253, Scottsdale, AZ 85258.
We operatethe website https://lifekind.webflow.io/ (the "Site"), as well as anyother related products and services that refer or link to these legal terms(the "Legal Terms") (collectively, the "Services").
Ourwebsite allows prospective patients to request appointments and enableshealthcare providers to submit referrals for care coordination. Please notethat submitting a request or referral through this site does not create apatient-provider relationship and does not guarantee appointment availability. Wedo not provide medical advice or treatment decisions through this website. Foremergencies, call 911 or go to the nearest emergency room. All patient informationsubmitted through our forms is processed using HIPAA-compliant technology andsafeguarded in accordance with our Privacy Policy and Notice of Privacy Practices[EH1] .
You cancontact us by phone at (949) 732-1540, email at legal@lifekindhealth.com, or bymail to 10105 E. Via Linda, Ste. 103 PMB 1253,Scottsdale, AZ 85258, United States.
TheseLegal Terms constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity ("you"), and Lifekind Health,Inc., concerning your access to and use of the Services. You agree that byaccessing the Services, you have read, understood, and agreed to be bound byall of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUSTDISCONTINUE USE IMMEDIATELY.
We willnotify you of material changes by posting the amended terms on our website atleast thirty (30) days before the effective date of the changes.
TheServices are intended for users who are at least 18 years old. Persons underthe age of 18 are not permitted to use or register for the Services.
Werecommend that you print a copy of these Legal Terms for your records.
1.OUR SERVICES
Theinformation provided when using the Services is not intended for distributionto or use by any person or entity in any jurisdiction or country where suchdistribution or use would be contrary to law or regulation or which wouldsubject us to any registration requirement within such jurisdiction or country.Accordingly, those persons who choose to access the Services from otherlocations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.
2.INTELLECTUAL PROPERTY RIGHTS
Allcontent, layout, design, and branding on our website is the property ofLifekind Health, Inc. or its licensors and are protected by U.S. andinternational copyright, trademark, and other intellectual property laws.
You maynot copy, reuse, or distribute any content from this site for commercialpurposes without our express written permission. Any health or personal datayou submit via our appointment or referral forms, including patient names,contact information, or care coordination details, is considered ProtectedHealth Information (PHI) under HIPAA. Such information is not treated as a Submission,remains your property (or your patient’s, as applicable), and is governed byour Noticeof Privacy Practices[EH2] .
3.USER REPRESENTATIONS
By usingthe Services, you represent and warrant that: (1) you have the legal capacityand you agree to comply with these Legal Terms; (2) you are not a minor in thejurisdiction in which you reside; (3) you will not access the Services throughautomated or non-human means, whether through a bot, script or otherwise; (4)you will not use the Services for any illegal or unauthorized purpose; and (5)your use of the Services will not violate any applicable law or regulation.
If youprovide false, fraudulent, or intentionally misleading information through the submissionforms, we reserve the right to reject your request or block access to theServices.
4.PROHIBITED ACTIVITIES
You maynot use the Services for any purpose other than submitting legitimateappointment requests or care referrals. You agree not to:
· Accessthe website through automated tools (e.g., bots, scrapers) without permission;
· Attemptto interfere with the website’s performance or security features;
· Uploador transmit viruses, malware, or any harmful code;
· Usethe site in violation of applicable privacy, data protection, or healthcareregulations;
· Misrepresentyour identity or impersonate another individual;
· Submitfalse or misleading information through our forms;
· Usethe site to advertise or sell unauthorized products or services;
· Attemptto gain unauthorized access to any part of the site or supportinginfrastructure.
5.SERVICES MANAGEMENT
We reservethe right, but not the obligation, to: (1) monitor access and usage of theServices to ensure compliance with these Legal Terms and applicable law; (2) takelegal or technical action to prevent misuse, abuse, or unauthorized access tothe Services, including reporting unlawful conduct to authorities; (3) restrictor block any access that we determine, in our sole discretion, compromises thesecurity, functionality, or integrity of the Services; and (4) maintain theServices in a manner that protects our legal rights, system infrastructure, andthe privacy of all users.
6.PRIVACY POLICY
We arecommitted to protecting the privacy and security of all data submitted throughour Services. Please review our full Privacy Policy and our Notice of Privacy Practices, [EH3] which are incorporated into theseLegal Terms. By using the Services, you acknowledge that we collect and processpersonal information, including Protected Health Information (PHI), inaccordance with the Health Insurance Portability and Accountability Act(HIPAA), California law, and other applicable privacy regulations.
TheServices are hosted in the United States. If you access the Services fromoutside the U.S., you consent to your data being transferred to and processedin the United States.
7.TERM AND TERMINATION
TheseLegal Terms remain in effect while you use our website. We reserve the right todeny access to the site or block specific IP addresses at our sole discretionif we believe such access violates these Legal Terms or applicable law.
This siteis intended solely for lawful use. We may suspend or terminate access to thesite at any time, including in response to misuse, security threats, orunauthorized data submissions.
However,this termination right does not apply to the lawful submission of ProtectedHealth Information (PHI) or other regulated health data through our forms,which will be retained and managed in accordance with HIPAA and our Notice ofPrivacy Practices[EH4] .
8.MODIFICATIONS AND INTERRUPTIONS
We mayupdate, modify, or remove features or content on our website at any timewithout notice. While we aim for high availability, we do not guaranteeuninterrupted access and are not liable for downtime due to maintenance, systemerrors, or external factors.
Thiswebsite is an informational and intake portal only. Nothing in these Legal Termsobligates us to maintain or continue the availability of the Services. Yoursubmission of health information through this site will still be protected andretained in accordance with our Notice of Privacy Practices[EH5] , even if the website becomesunavailable.
9.GOVERNING LAW
TheseLegal Terms and your use of the Services are governed by and construed inaccordance with the laws of the State of California applicable to agreementsmade and to be entirely performed within the State of California, withoutregard to its conflict of law principles.
10.DISPUTE RESOLUTION
Thesedispute resolution terms apply only to disputes arising from use of the websiteand these Legal Terms. They do not apply to clinical issues or disputesinvolving Protected Health Information (PHI), which are governed by applicablehealth care laws and are outside the scope of these Legal Terms.
InformalNegotiations
Toexpedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a "Dispute" and collectively, the"Disputes") brought by either you or us (individually, a"Party" and collectively, the "Parties"), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least thirty (30) days before initiatingarbitration. Such informal negotiations commence upon written notice from oneParty to the other Party.
BindingArbitration
If theParties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THISPROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Thearbitration shall be commenced and conducted under the Commercial ArbitrationRules of the American Arbitration Association ("AAA") and, whereappropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes("AAA Consumer Rules"), both of which are available at the AmericanArbitration Association (AAA) website. Your arbitration fees and your share ofarbitrator compensation shall be governed by the AAA Consumer Rules and, whereappropriate, limited by the AAA Consumer Rules. If such costs are determined bythe arbitrator to be excessive, we will pay all arbitration fees and expenses.The arbitration may be conducted in person, through the submission ofdocuments, by phone, or online. The arbitrator will make a decision in writing,but need not provide a statement of reasons unless requested by either Party.The arbitrator must follow applicable law, and any award may be challenged ifthe arbitrator fails to do so. Except where otherwise required by theapplicable AAA rules or applicable law, the arbitration will take place inRiverside County, California. Except as otherwise provided herein, the Partiesmay litigate in court to compel arbitration, stay proceedings pendingarbitration, or to confirm, modify, vacate, or enter judgment on the awardentered by the arbitrator.
If for anyreason, a Dispute proceeds in court rather than arbitration, the Dispute shallbe commenced or prosecuted in the state and federal courts located in RiversideCounty, California, and the Parties hereby consent to, and waive all defensesof lack of personal jurisdiction, and forum non conveniens with respect tovenue and jurisdiction in such state and federal courts. Application of theUnited Nations Convention on Contracts for the International Sale of Goods andthe Uniform Computer Information Transaction Act (UCITA) are excluded fromthese Legal Terms.
In noevent shall any Dispute brought by either Party related in any way to theServices be commenced more than one (1) years after the cause of action arose.If this provision is found to be illegal or unenforceable, then neither Partywill elect to arbitrate any Dispute falling within that portion of thisprovision found to be illegal or unenforceable and such Dispute shall bedecided by a court of competent jurisdiction within the courts listed forjurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
Restrictions
TheParties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitrationshall be joined with any other proceeding; (b) there is no right or authorityfor any Dispute to be arbitrated on a class-action basis or to utilize classaction procedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.
Exceptionsto Informal Negotiations and Arbitration
TheParties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
11.CORRECTIONS
There maybe information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on theServices at any time, without prior notice.
12.DISCLAIMER
THE SERVICESARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR GENERAL INFORMATIONALPURPOSES ONLY. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLERISK. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED,OR FREE OF HARMFUL COMPONENTS. THE INFORMATION PRESENTED VIA THE SERVICES ISNOT INTENDED AS NOR SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS, ORTREATMENT. THE SERVICES DO NOT ESTABLISH A PATIENT-PROVIDER RELATIONSHIP.SUBMISSION OF AN APPOINTMENT REQUEST OR REFERRAL DOES NOT GUARANTEE CARE, WHICHIS SUBJECT TO CLINICAL REVIEW AND AVAILABILITY. THIS DISCLAIMER DOES NOT LIMITOR WAIVE ANY OBLIGATIONS WE MAY HAVE UNDER THE HEALTH INSURANCE PORTABILITY ANDACCOUNTABILITY ACT (HIPAA), PRIVACY LAWS, OR APPLICABLE HEALTHCARE REGULATIONSCONCERNING THE CONFIDENTIALITY AND SECURITY OF PROTECTED HEALTH INFORMATION(PHI).
13.LIMITATIONS OF LIABILITY
TO THEFULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, ANDAGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, ORBUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO ORUSE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES ISTO CEASE USING THE SERVICES.
14.INDEMNIFICATION
You agreeto defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any third party dueto or arising out of: (1) use of the Services; (2) breach of these Legal Terms;(3) any breach of your representations and warranties set forth in these LegalTerms; (4) your violation of the rights of a third party, including but notlimited to intellectual property rights; or (5) any overt harmful act towardany other user of the Services with whom you connected via the Services.Notwithstanding the foregoing, we reserve the right, at your expense, to assumethe exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense ofsuch claims. We will use reasonable efforts to notify you of any such claim,action, or proceeding which is subject to this indemnification upon becomingaware of it.
15.USER DATA
We willmaintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your useof the Services. Although we perform regular routine backups of data, you aresolely responsible for all data that you transmit or that relates to anyactivity you have undertaken using the Services. You agree that we shall haveno liability to you for any loss or corruption of any such data, and you herebywaive any right of action against us arising from any such loss or corruptionof such data. This provision does not apply to any health information submittedthrough our Services that qualifies as Protected Health Information (PHI) underHIPAA. We retain such data in accordance with our Notice of Privacy Practices[EH6] .
16.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visitingthe Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications,and you agree that all agreements, notices, disclosures, and othercommunications we provide to you electronically, via email and on the Services,satisfy any legal requirement that such communication be in writing. YOU HEREBYAGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waiveany rights or requirements under any statutes, regulations, rules, ordinances,or other laws in any jurisdiction which require an original signature or deliveryor retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.
17.CALIFORNIA USERS AND RESIDENTS
If anycomplaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
18.MISCELLANEOUS
TheseLegal Terms and any policies or operating rules posted by us on the Services orin respect to the Services constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provisionof these Legal Terms shall not operate as a waiver of such right or provision.These Legal Terms operate to the fullest extent permissible by law. We mayassign any or all of our rights and obligations to others at any time. We shallnot be responsible or liable for any loss, damage, delay, or failure to actcaused by any cause beyond our reasonable control. If any provision or part ofa provision of these Legal Terms is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable fromthese Legal Terms and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Legal Termsor use of the Services. You agree that these Legal Terms will not be construedagainst us by virtue of having drafted them. You hereby waive any and alldefenses you may have based on the electronic form of these Legal Terms and thelack of signing by the parties hereto to execute these Legal Terms.
19.HIPAA Compliance
We are a“covered entity” under the Health Insurance Portability and Accountability Actof 1996 (HIPAA). Any health information submitted via our online appointmentrequest or referral forms may be Protected Health Information (PHI) and ishandled in accordance with HIPAA regulations.
By usingour Services, you acknowledge and agree that such information will be processedin accordance with our Notice of Privacy Practices [EH7] and not under these Legal Terms.The submission of information via our site does not create a provider-patientrelationship until confirmed by our care team.
20.California Consumer Privacy Act (CCPA/CPRA)
If you area California resident, you may have rights under the California ConsumerPrivacy Act (CCPA) and the California Privacy Rights Act (CPRA) with respect topersonal information not governed by HIPAA. These rights include the ability torequest access to, correction of, or deletion of your personal information.
For moreinformation, please refer to our California Privacy Notice[EH8] .
21.CONTACT US
In orderto resolve a complaint regarding the Services or to receive further informationregarding use of the Services, please contact us at:
LifekindSystem
10105E. Via Linda, Ste. 103 PMB 1253
Scottsdale,AZ 85258
UnitedStates
Phone:(949) 732-1540
legal@lifekindhealth.com
[EH1]link
[EH2]link
[EH3]link
[EH4]link
[EH5]link
[EH6]link
[EH7]Link
[EH8]Link