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 will notify you of material changes by posting the amended terms on our website at least thirty (30) days before the effective date of the changes.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1.OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.INTELLECTUAL PROPERTY RIGHTS
All content, layout, design, and branding on our website is the property of Lifekind Health, Inc. or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may not copy, reuse, or distribute any content from this site for commercial purposes without our express written permission. Any health or personal data you submit via our appointment or referral forms, including patient names, contact information, or care coordination details, is considered Protected Health Information (PHI) under HIPAA. Such information is not treated as a Submission, remains your property (or your patient’s, as applicable), and is governed by our [EH2] .
3.USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated 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;
· Use the site in violation of applicable privacy, data protection, or healthcare regulations;
· Misrepresent your 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 reserve the right, but not the obligation, to: (1) monitor access and usage of the Services to ensure compliance with these Legal Terms and applicable law; (2) take legal or technical action to prevent misuse, abuse, or unauthorized access to the Services, including reporting unlawful conduct to authorities; (3) restrictor block any access that we determine, in our sole discretion, compromises the security, functionality, or integrity of the Services; and (4) maintain the Services in a manner that protects our legal rights, system infrastructure, and the privacy of all users.
6.PRIVACY POLICY
We are committed to protecting the privacy and security of all data submitted through our Services. Please review our full Privacy Policy and our Notice of Privacy Practices, [EH3] which are incorporated into these Legal Terms. By using the Services, you acknowledge that we collect and process personal information, including Protected Health Information (PHI), in accordance 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
These Legal 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 discretion if we believe such access violates these Legal Terms or applicable law.
This site is intended solely for lawful use. We may suspend or terminate access to the site at any time, including in response to misuse, security threats, or unauthorized data submissions.
However, this termination right does not apply to the lawful submission of Protected Health Information (PHI) or other regulated health data through our forms, which will be retained and managed in accordance with HIPAA and our Notice of Privacy Practices[EH4] .
8.MODIFICATIONS AND INTERRUPTIONS
We may update, modify, or remove features or content on our website at any time without notice. While we aim for high availability, we do not guarantee uninterrupted access and are not liable for downtime due to maintenance, system errors, or external factors.
This website is an informational and intake portal only. Nothing in these Legal Terms obligates us to maintain or continue the availability of the Services. Your submission of health information through this site will still be protected and retained in accordance with our Notice of Privacy Practices[EH5] , even if the website becomes unavailable.
9.GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
10.DISPUTE RESOLUTION
These dispute resolution terms apply only to disputes arising from use of the website and these Legal Terms. They do not apply to clinical issues or disputes involving Protected Health Information (PHI), which are governed by applicable health care laws and are outside the scope of these Legal Terms.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related 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 agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THISPROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, 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 if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Riverside County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Riverside County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services 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 Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties 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, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services 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 agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to 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 Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Not withstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15.USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. This provision does not apply to any health information submitted through our Services that qualifies as Protected Health Information (PHI) under HIPAA. We retain such data in accordance with our Notice of Privacy Practices[EH6] .
16.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications 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 waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
17.CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department 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
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of 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 may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack 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 Act of 1996 (HIPAA). Any health information submitted via our online appointment request or referral forms may be Protected Health Information (PHI) and is handled in accordance with HIPAA regulations.
By using our Services, you acknowledge and agree that such information will be processed in 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-patient relationship 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 Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) with respect to personal information not governed by HIPAA. These rights include the ability to request access to, correction of, or deletion of your personal information.
For more information, please refer to our California Privacy Notice[EH8] .
21.CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding 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
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