Terms of Service V1.01/2019 download  

Welcome, and thank you for your interest in the Prevention Benefit offered by Lifeline Alliance Health Corp. (“ Lifeline Alliance”, “ we”, “ our,” or “ us”) and our website at http://www.Lifeline Alliance.org/ (the “ Site”), any mobile application (the “App”), and any and all related websites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services, information, materials, devices and products we provide to you (collectively, our “Service” for the Prevention Benefit). These Terms of Service (these “Terms”) are a legally binding contract between you and Lifeline Alliance regarding your use of this Service to access and participate in the Prevention Benefit of the Lifeline Alliance Long Term Care Benefits Plan (LTCBP). PLEASE READ THESE TERMS CAREFULLY. BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I ACCEPT” (OR SOMETHING SIMILAR), DOWNLOADING OUR APP, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AS MODIFIED OR AMENDED BY LIFELINE ALLIANCE FROM TIME TO TIME, AND TO THE COLLECTON AND USE OF YOUR INFORMATION AS SET FORTH IN LIFELINE ALLIANCE’S PRIVACY POLICY, LOCATED AT  http://www.LifelineAlliance.org/privacy . If you are not eligible to use the Service as described herein, or do not agree to these Terms, then you do not have our permission to use the Service.

You acknowledge and agree that, as provided in greater detail in these Terms :

  • OUR SERVICE IS NOT INTENDED FOR EMERGENCY SITUATIONS. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS.
  • Lifeline Alliance may make unilateral modifications to these Terms.
  • Any App available is licensed, not sold to you, and you may use the Service only as set forth in these Terms.
  • Your use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility.
  • Lifeline Alliance is not your healthcare provider and does not provide you any medical diagnosis or treatment through the Service, however Lifeline Alliance through the Service may connect you with a Service Provider to provide a review of your preventive medicine goals.
  • The Service is provided “as is” without warranties of any kind and Lifeline Alliance’s liability to you is limited.
  • These Terms provide that all disputes between you and Lifeline Alliance will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the “Dispute Resolution and Arbitration” section for the details regarding your agreement to arbitrate any disputes with Lifeline Alliance.
1. Eligibility. 

This is a contract between you and Lifeline Alliance. By accepting these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with all applicable laws and regulations; and (d) you are physically located in the United States and within a jurisdiction in which we offer our Service, including, without limitation, when utilizing the Service to receive telehealth consultations from a Service Provider (as defined below). If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you are an authorized representative of the entity and that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

2. Fitness for Treatment.

 In some cases, the Service may not be the most appropriate way for you to seek health advice. To assist you in determining whether the Service is a fit for your needs, we may ask a series of initial questions during registration. Based on your responses to these questions, we may determine that you are not eligible to utilize the Service. In such a case, you will be notified that you will be unable to use the Service. If this occurs, your registration will remain on file with the Service, but you will not be able to further utilize the Service. You can always return to the Service at a later time to determine whether your eligibility has changed. In addition, even if you are determined to be eligible to utilize the Service, a Service Provider may, during the course of your use of the Service, determine that your medical condition and/or treatment require an in-person examination or procedure and/or that the Service is otherwise not appropriate for you. In such a case, you may receive a notice from Lifeline Alliance on behalf of a Service Provider notifying you that you should seek medical care or treatment outside of the Service and/or that you may be unable to continue using the Service and such notice may provide you with additional information regarding next steps.

3. Lifeline Alliance Service. 

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service and the Lifeline Alliance Materials (as defined in Section 14) solely for your personal, noncommercial use. Lifeline Alliance reserves all rights not expressly granted herein in the Service and the Lifeline Alliance Materials. Lifeline Alliance may terminate this license at any time for any or no reason. Even after your license to access and use the Service and the Lifeline Alliance Materials is terminated, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Lifeline Alliance Materials.

4. Accounts and Registration. 

Subject to your eligibility to use the Service and compliance with these Terms, you may access the Service. Some features of the Service may be available without registration; however, to access most features of the Service, you must register for an account. If you open an account on behalf of a company, organization, or other entity, then “you” includes you and that entity. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@lifelinealliance.org . Furthermore, Lifeline Alliance reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your account and password information. Under no circumstances shall Lifeline Alliance or any of its officers, directors, employees, consultants, subsidiaries, agents, and affiliated individuals or entities, including the Service Providers and/or any professional corporation that employs or contracts with any Service Providers (collectively, the “ Lifeline Alliance Entities”) be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure.

5. Prohibited Conduct. 

BY USING THE SERVICE YOU AGREE NOT TO :

  •  use the Service to compete with Lifeline Alliance’s business
  •  use the Service for any illegal purpose or in violation of any applicable law or regulation, including, without limitation, any local, state, national, or international law;
  •  violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or privacy right;
  • post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  • finterfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; (v) violating any regulation, policy, or procedure of any network, equipment, or server; or (vi) manipulating or otherwise displaying the Service by using framing, mirroring or similar navigational technology;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth or any other information provided or submitted to the Service;
  • sell or otherwise transfer the access granted under these Terms or any Lifeline Alliance Materials; or
  • attempt to do any of the acts described in this Section 1.5, or assist or permit any person in engaging in any of the acts described in this Section 1.5

As part of the Service, Lifeline Alliance may enable you to obtain certain telehealth consultations in connection with the Prevention Benefit by facilitating the connection between you and one or more Service Providers (each, a “Provider”). Telehealth involves the delivery of health services using electronic communications, information technology or other means between a Service Provider and a subscriber to the Service who are not in the same physical location. While the provision of health services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. In order to utilize all features of the Service, you will be required to review and agree to the consent to use of telehealth services. The consent to use of telehealth services is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

Among the benefits of our Services are improved access to preventive medicine resources, Service Providers and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to :

  • In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for effective communication;
  • Delays in communications or delivery of information could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
  • Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.

By accepting these Terms, you acknowledge that you understand and agree with the following :

  • You understand that you may expect the anticipated benefits from the use of the Lifeline Alliance Services in your care, but that no results can be guaranteed or assured.
  • You understand that the laws that protect the privacy and security of health information apply to telehealth, and you have received Lifeline Alliance’s Notice of Privacy Practices, available at http://www.lifelinealliance.org/privacy, which describes these protections in more detail.
  • Your Service Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Service.

Lifeline Alliance understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy at http://www.lifelinealliance.org/privacy  for a description of how we may collect, use and disclose your personal information. By accepting these Terms, in addition to any other applicable privacy notices, you acknowledge and agree that you have read and understand our Privacy Policy.

1. Health Plan and Employer Provider Pricing and Payment Terms. 

If you are a health plan or employer provider, or if you are an individual using the Service under a health plan or employer provider, the pricing and payment terms are between the health plan or employer provider and Lifeline Alliance and such terms are set forth in a separate Provider Services Agreement between the health plan or employer provider and Lifeline Alliance (“Covered Fees”).

2. Individual Pricing and Payment Terms. 

If you are not accessing or using the Service under your health plan or employer provider, then you are accessing or using the Service on an individual basis. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as set forth in your account or made available to you online. Lifeline Alliance may add new services for additional fees and charges and to add or amend fees and charges for existing services. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.

3. Optional Continued Coverage. 

If your health plan or employer provider has arranged with Lifeline Alliance to pay the fees or charges, or any portion of the fees or charges, then such fees or charges are Covered Fees and will be subject to a separate agreement between Lifeline Alliance and the health plan or employer provider. In the event that you are no longer eligible for such coverage under a health plan or from an employer provider (e.g., if the health plan is cancelled, the employer no longer offers such benefit or you are no longer employed by the employer provider) then you will have the option to (i) assume any and all unpaid fees and continue use of the Service or (ii) terminate the Services. Please check with your health plan or employer provider to determine the level of coverage and/or Covered Fees that your health plan or employer provider will provide, if any, and if any additional fees apply to you. You acknowledge and agree that you will be personally responsible for all fees or charges. Lifeline Alliance offers no guarantee that your health plan or employer provider will be responsible for such fees or charges.

4. Credit Card Charges.

If you pay for any part of the Service by credit card, you hereby authorize Lifeline Alliance, or a third party appointed by Lifeline Alliance, to bill and charge the credit card indicated in your registration information for any fees and other amounts that may become due and payable.

5. Automatic Renewal.

 AFTER ANY REQUIRED MINIMAL INITIAL SUBSCRIPTION PERIOD, IF YOU HAVE SELECTED TO PAY FOR THE SERVICE ON A MONTHLY BASIS, UNLESS YOU NOTIFY US IN WRITING BY EMAILING support@Lifelinealliance.org BEFORE A CHARGE THAT YOU WANT TO CANCEL OR THAT DO NOT WANT THE SERVICE TO AUTO RENEW, YOU UNDERSTAND AND AGREE THAT YOUR MONTHLY CHARGES, AT THE FEES SET FORTH IN YOUR ACCOUNT OR MADE AVAILABLE TO YOU ONLINE, WILL AUTOMATICALLY RENEW ON A CONTINUOUS MONTHLY BASIS AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE MONTHLY FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

6. Refunds.

 You may cancel your request for Service or account within fourteen (14) calendar days after registering for the Service and you may receive a refund for the Services for which you paid (the “Refund Period”). All refunds will be sent by check and will be processed within four to six (4 – 6) weeks of your request. To request a refund within the Refund Period, you must email support@lifelineslliancehealth.org and include a mailing address where a refund check can be mailed. You may cancel your account as set forth in these Terms, however there are no refunds for cancellation besides those described herein under the Refund Period. In the event that we suspend or terminate your account or these Terms, you understand and agree that you shall receive no refund.

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service. Lifeline Alliance reserves the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.

If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Lifeline Alliance may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@lifelinealliance.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

We reserve the right, at our sole discretion, to change or update these Terms from time to time. Please check these Terms periodically for changes or updates. Immaterial modifications are effective upon publication. If a change or update to these Terms materially modifies your rights or obligations, we will update the “last updated” date at the top of this page and make reasonable efforts to notify you that material changes have been made to the Terms. Your continued use of the Service after any such change or update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.

The Service is owned and operated by Lifeline Alliance. The visual interfaces, graphics, names, logos, marks, content, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“ Lifeline Alliance Materials”) provided by Lifeline Alliance are protected by intellectual property and other laws. All Lifeline Alliance Materials contained in the Service and all trademarks, service marks, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of Lifeline Alliance or our third-party licensors. Except as expressly authorized by Lifeline Alliance, you may not make use of the Lifeline Alliance Materials. Lifeline Alliance reserves all rights to the Lifeline Alliance Materials not granted expressly in these Terms.

We act as a technology platform to connect you with Service Providers who may be available to provide you with certain non-emergency medical care, however Lifeline Alliance is not itself a healthcare provider, and the Service Providers are not licensed healthcare providers and are not providing you with any medical care and treatment via the Service. By accepting these Terms and by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with one or more Provider(s) and not with Lifeline Alliance. The information provided by Lifeline Alliance as part of the Lifeline Alliance Materials and through the Service is for general informational purposes only. None of the Lifeline Alliance Materials should be considered an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

The services you receive from Service Providers are not intended to replace a primary care physician relationship or be your permanent medical home. The Service provides Alzheimer’s Disease prevention information, applications and content intended only to assist users in their personal preventive medicine efforts. Lifeline Alliance and the Service Providers are not represented as a medical organization and our staff cannot give you medical diagnosis or treatment. Nothing contained in this Service should be construed as such diagnosis or treatment. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The Lifeline Alliance Alzheimer’s Prevention Benefit was developed by respected health professionals. However, Lifeline Alliance is not a medical organization and we cannot give you medical treatment. You are urged and advised to seek the advice of a physician before beginning any preventive medicine effort or regimen. We also urge you to get periodic medical checkups. Preventive medicine programs may create physical changes that should be medically monitored. If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it’s especially important to show the Lifeline Alliance Prevention Benefit program to your health care provider. Any modifications made to the plan by your health care provider should be followed.

You may form an ongoing relationship with some Service Providers. However, your initial visit with a Service Provider will begin as a consultation and will not necessarily give rise to an ongoing relationship. You should seek emergency help or follow-up care when recommended by a Service Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify the Lifeline Alliance Entities from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

The Lifeline Alliance Entities are required to comply with the federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Service Provider during a medical consultation is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy and Notice of Privacy Practices, currently available at https://www.lifelineallinace.org /privacy. As part of providing you the Services, we will communicate to you via email. Email is not a secure method of communication and Lifeline Alliance Entities cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email, please notify us at privacy@lifelinealliance.org

While the service provides access to certain service providers for non-emergency medical care, lifeline alliance is not a healthcare provider and cannot and does not diagnose or treat your health conditions. Do not use the services for medical emergencies. If you think you may have a medical emergency, call 911 (or the equivalent contact number for emergency services in your region) immediately. The service and all lifeline alliance materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. To the extent allowed by law, the lifeline alliance entities disclaim all warranties of any kind, whether express or implied, relating to the service and all lifeline alliance materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. The lifeline alliance entities do not warrant that the service or any portion of the service, or any lifeline alliance materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the service or any lifeline alliance materials or content available through the service will create any warranty regarding any of the lifeline alliance entities or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your access to, use or misuse of, or inability to use the service, your dealing with any other service user, and any lifeline alliance materials or content available through the service. You understand and agree that you use the service, and access, download, or otherwise obtain lifeline alliance materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.

Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction. To the extent that we may not disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted by law.

In no event will the lifeline alliance entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any lifeline alliance materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any lifeline alliance entity has been informed of the possibility of damage.

You agree that the aggregate liability of the lifeline alliance entities to you, for all claims arising out of, or relating to, the use of or any inability to use, any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to lifeline alliance for access to and use of the service in the twelve (12) months prior to the claim; or (b) one thousand u.S. Dollars (usd $1,000.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. To the extent that we may not limit our liabilities, the extent of such liabilities will be the minimum permitted by law.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 19 will apply even if any limited remedy fails of its essential purpose.

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Lifeline Alliance agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Nassau County, NY for the purpose of litigating any dispute. We operate the Service from our offices in New York, and we make no representation that Lifeline Alliance Materials included in the Service are appropriate or available for use in other locations.

These Terms, the consent to use of telehealth and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Lifeline Alliance regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.

1. Generally. 

In the interest of resolving disputes between you and any Lifeline Alliance in the most expedient and cost effective manner, you and Lifeline Alliance Entity that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EACH LIFELINE ALLIANCE ENTITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

2. Exceptions. 

Despite the provisions of Section 22.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

3. Arbitrator.

 Any arbitration between you and Lifeline Alliance will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“ AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Lifeline Alliance.

4. Notice;

Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“ Notice”). The address for Notice to any Lifeline Alliance Entity is: Lifeline Alliance Health Corp. 456A Central Ave. Suite 157 Cedarhurst, NY 11516. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or any Lifeline Alliance Entity may commence an arbitration proceeding. The parties shall have the ability to take discovery on and exchange relevant information, on a confidential basis, about the dispute. During the arbitration, the amount of any settlement offer made by you or any Lifeline Alliance Entity must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, the applicable Lifeline Alliance Entity will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by the applicable Lifeline Alliance Entity in settlement of the dispute prior to the arbitrator’s award; or (iii) one thousand U.S. Dollars (USD $1,000). Except as required to comply with law or other requirements, the arbitration proceedings, filings and outcome shall be confidential.

5. Fees. 

If you commence arbitration in accordance with these Terms, Lifeline Alliance will reimburse you for your payment of the filing fee, unless your claim is for more than ten thousand U.S. Dollars (USD $10,000), in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Nassau County, NY but if the claim is for ten thousand U.S. Dollars (USD $10,000) or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a nonappearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Lifeline Alliance for all monies previously disbursed by any Lifeline Alliance Entity that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

6. No Class Actions. 

YOU AND EACH LIFELINE ALLIANCE ENTITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and each applicable Lifeline Alliance Entity agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

7. Modifications. 

If Lifeline Alliance makes any future change to this arbitration provision (other than a change to Lifeline Alliance’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Lifeline Alliance’s address for Notice, in which case your account with Lifeline Alliance will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

8. Enforceability. 

If Section 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

The Service is offered by :

  • Lifeline Alliance Corp. 456A Central Ave. Suite 157 Cedarhurst, NY 11516
  • email: support@lifelinealliance.org.
  • Tel: 833-A-LIFLINE (833-254-3354)
  • Fax: 800-984-5524