Terms of Use

Last Updated 19 June 2017

About these terms

This is an agreement between our users and LifeFolder, Inc. It governs your use of the LifeFolder website (life-folder.com), our mobile apps and services. It is kind of strange to write about you as “a user”, so in this document we will refer to you  as “you” or “your” and, as for LifeFolder,  we will call ourselves “LifeFolder”, “us”,  “we” or “our”. It’s much easier that way.

We know they aren’t very exciting, but please read these Terms of Use (Terms) as they are binding. We encourage you to keep a copy of them for your reference. Note that we may change the Terms from time to time. You acknowledge and agree that you have read these Terms. You agree that all disputes with us will be resolved through arbitration (as discussed below). You confirm that you are 18 years or older and of a legal age to enter into a binding contract. You accept and agree to be bound by these Terms.

If you do not agree to these terms, please do not use this website or any of our services. 

Our service is for adults (18 and over) and is not suitable for people under 18. If you are under the age of 18, please do not use our website, mobile apps, or services.


What we do

This agreement covers our website, which you can find on life-folder.com. The agreement also covers other services we have. That may include interactive services, like chat-bots, web applications, or mobile apps. 

The purpose of our service is to help you think about health-care decisions at end of life. We will give you information to help you make choices for what you want from your end-of-life care. We help you make those choices known to your loved ones.

We may not always support all countries and states. Our service is most useful if you live in one of the states we support. A listing of the states we support can be found at https://life-folder.com/faq. If you live in one of those states, we help you complete the state’s paperwork based on your wishes but you are responsible for reviewing the state’s paperwork for completeness and accuracy before signing and for taking all steps required to make the paperwork binding.

If you don’t live in a state we support, you may still find our conversation guides and other content we provide helpful but we cannot help make your choices official. You may need to seek help from a lawyer to make your choices official.

Note that part of our service may take place on places other than our website. This may include web apps, mobile apps, or chat services. For example, we use Facebook Messenger for part of what we do. When you use an external service, their terms will apply, too.


What we don't do

We are not a healthcare provider, medical professional, attorney or law firm. We are not acting as your healthcare provider, medical professional, or attorney. Our services, chat-bots, website, forms and other applications do not substitute for the advice of a licensed healthcare provider, medical professional, licensed attorney or law firm.

We do not provide any medical or legal advice or service. Any information or materials you get from us is for informational purposes only. We do not provide diagnosis, treatment, cure, mitigation or prevention of any medical condition, nor do we review your answers or documents for legal sufficiency. If you need legal advice or medical advice for a specific problem, you should consult with a licensed attorney or medical professional.

Your use of our services will not create an attorney-client or physician-patient relationship between you and us. While your communications with us are protected by our Privacy Policy, they are not protected under the attorney-client privilege, work product doctrine, physician-patient privilege, or doctor-patient confidentiality.

You agree that you are solely responsible for any decision you make or any action you take in reliance on our services.


Changes

We may change these Terms from time to time. The most recent version will replace and supersede all previous versions. It’s a good idea to come back here from time to time to keep an eye on what the rules are for using our service.


Privacy

Please also review our Privacy Policy (http://l-f.io/pp), which is incorporated into these Terms. This policy explains what data we collect about you and what we do with it.


Electronic Communications

You agree to receive emails and other electronic communications from us. We care about the environment, and we hope you do too. For that reason, most communications you get from us will be digital.

Our lawyers like for things to be “in writing”. You agree that electronic messages we send you count as being “in writing”.


Your Account and Data

You agree that you are responsible for anything that happens on your account. Make sure you look after your account and password details. You agree not to share your account and password details with anyone.

We will do our best to make sure we aren’t hacked. Still, you agree that we are not responsible for someone hacking your account.

We may change the services we offer or suspend or cease performance of the services for any reason. If we decide to, we also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.


Links to Third Party Services

This is the Internet and sometimes we may post links to other sites. We can’t control the content on other sites. In other words: we can’t be responsible for the content on those sites.

When we link to other sites, we do that to be helpful. Links do not necessarily mean that we agree or endorse whatever it is we linked to. The content on links may also change from time to time. Even if we linked to something, we are not responsible at what is at the other end of an external link.

Our service is pretty complicated, so sometimes we need some help. This means we use other companies’ services to help deliver our own services. For that to work, we may have to share your data with those services. In using LifeFolder, you agree that we can share data with those external services to deliver services to you.


We grant you a “non-exclusive, non-transferable, revocable license” to access our services, as long as you agree with our Terms. That is a bit of standard legal language, which gives you a way to access our service.

Intellectual property


In not so short: You agree to not use our services to do anything illegal or immoral. You also agree that you won’t do anything that violates these Terms. You agree you won’t try to hack us. You agree you won’t try to sabotage our services in any way. You agree you’re not going to go snooping around in parts of the service where you’re not meant to be. You especially agree you won’t try to access someone else’s data.  And you agree you won’t do anything that stops someone else from using our services.

All the content that is part of our service is protected by various laws. That means all pictures, graphics, text, logos, software... Everything, really.

You agree to not use our materials without asking for permission first.

You will use any of the documents or content we provide only for your personal use

In short:
Don’t be a jerk.


.


If it is against the law to use our products and services where you are or if you are not of an age where applicable law recognizes your right or ability to make end of life decisions, do not use our product or services. Also, if it’s unlawful to transmit your data to the United States, do not use our products or services.

International Users


You agree to indemnify and hold harmless LifeFolder, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our website, mobile applications or services or breach of these Terms.  You will cooperate as fully as required by us in the defense or settlement of any claim.

Indemnification


If you or we end up having a dispute or claim because of these Terms, excluding intellectual property disputes or claims, you and we agree to arbitration. Arbitration is described by the Federal Arbitration Act. That means that instead of slugging it out in court, a neutral person can help you and we come to an agreement about what we do next. This person will be appointed by the American Arbitration Association, or another similar service that you and we both agree on. The arbitration will follow the relevant rules of the American Arbitration Association as modified by these Terms. The arbitrator’s decision and award is final. You and we also both agree not to disclose anything about the arbitration to anyone (except as required by law or for purposes of enforcement or appeal of the arbitration award).

The arbitrator can decide everything about the dispute. This includes the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.

If you have a claim or dispute, you must contact us first, so you and we can try to resolve matters. You agree to give us 60 days to try to figure things out between us, before requesting arbitration. We may request arbitration against you at any time after we have notified you of a claim or dispute by submitting a written notice via e-mail.  You must contact us within one year of the date of the event or facts giving rise to a dispute and if you do not contact us within that time frame you will have waived the right to pursue a claim based on such event or fact.

If you and we have to go to arbitration, you and we will do so in Oakland, California. The arbitrator may not award relief in excess of or contrary to what these Terms provide, nor may the arbitrator award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute. The arbitrator may not order injunctive or declaratory relief, except that the arbitrator may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

Arbitration


You agree that any arbitration will be on an individual basis. By using this service, you agree that you cannot make “class action” claims.

Class Action


WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, MOBILE APPLICATIONS OR SERVICES AT ANY TIME.

WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, MOBILE APPLICATIONS OR SERVICES OR INFORMATION ACCESSIBLE FROM THERE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MOBILE APPLICATIONS, SERVICES AND INFORMATION ACCESSIBLE FROM THERE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITE, MOBILE APPLICATIONS, SERVICES AND INFORMATION ACCESSIBLE FROM THERE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, MOBILE APPLICATIONS OR SERVICES, WITH THE DELAY INABILITY TO USE THE SITE, MOBILE APPLICATIONS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, MOBILE APPLICATIONS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE  OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Liability Disclaimer

(Forgive us for the lack of readability in this part - our lawyers assure it it's super important that this is all in all-caps.)


If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the website, mobile apps, or other online services infringes your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
  • contact information of the complainant, such as an address, telephone number, and, if available, an email address;
  • a statement that the complainant has a good faith belief that use of the material is not authorized; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and email to the following address:

LifeFolder, Inc.
Attention: DMCA Agent
737 2nd Street #201
Oakland, California 94607

Or by email: hello@life-folder.com

Copyright Infringement


We reserve the right to prevent you from visiting our site and using our service, without notice.

Termination/ Access Restriction


This agreement and our service is governed by the laws of the State of California. You agree that California has the exclusive jurisdiction to anything related to our service.

If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our service.

Using the service doesn’t mean that you and we are in a joint venture, employment, partnership, or anything like that.

If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid.

This agreement and the Privacy Policy is the entire agreement between you and us. The most recent version of the Terms is the valid version. If you disagree with anything in this agreement, don’t use the service.

California Law and Enforceability


If you have any questions or comments, please get in touch: LifeFolder welcomes your questions or comments regarding the Terms:hello@life-folder.com  

Contacting us