Vital Data Disclaimer of Warranties
You understand that the information on the VitalKey is intended for general information purposes only and is not intended to replace the services of a trained healthcare professional. Vital Data cannot render medical or any other advice. All information, including your personal medical information and that of any of your family members, is provided to Vital Data by you and/or your healthcare provider(s) at your request. Vital Data does not guarantee the completeness or accuracy of this information. Notwithstanding any other statement made by Vital Data in connection with VitalKey, Vital Data makes no warranties of any kind, either express or implied, regarding and including, but not limited to, the completeness, accuracy, reliability or availability of information or material stored on your VitalKey.
THE VITALKEY IS PROVIDED TO YOU "AS IS" AND VITAL DATA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE VITALKEY AND THE INFORMATION OR MATERIAL STORED ON THE VITALKEY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Vital Data makes no representations or warranties of any kind with respect to its services or your VitalKey. In addition, no information, whether oral or written, obtained from you by Vital Data or its agents or employees shall create any warranty not otherwise expressly made by Vital Data. If any applicable authority holds any portion of this disclaimer to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by applicable law.
Due to the source of and variations in the documents supplied to us by you and your healthcare provider(s), any and all documents on your VitalKey are for reference purposes only.
Vital Data will receive and process documents containing your individually identifiable medical information and, if applicable, that of your family members. You acknowledge and agree that in so doing, Vital Data is acting strictly on your behalf, at your request, and not at the direction or behest of any health care provider, including but not limited to your physician(s). You fully understand that your individually identifiable medical information may contain mental health, development disabilities, alcohol/substance abuse, AIDS/HIV test results and/or other private and confidential information. Vital Data does not edit, redact or otherwise intentionally alter or delete any information from the medical file provided by you or your healthcare provider prior to or after production of your VitalKey. You are responsible for maintaining the confidentiality and security of your VitalKey, and for maintaining the accuracy of the information stored on your VitalKey.
Vital Data Limitation of Liability
Except as expressly otherwise provided by law, Vital Data’s total liability to you for all claims arising from the use of the VitalKey and any information provided therein is limited to One Hundred Dollars ($100.00), and neither Vital Data (including its related companies and each of their respective directors, officers, employees and agents) nor any other party involved in creating, producing or maintaining the VitalKey shall be liable to you or any third party for any direct, incidental, consequential or indirect damages resulting from access to, use of, or inability to use the VitalKey or the Vital Data information or materials, whether based on warranty, contract, tort, or any other theory of liability and without regard to any negligence of Vital Data. If any applicable authority holds any portion of this liability limitation to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold harmless Vital Data, its related companies and each of their respective officers, directors, employees, owners and agents from and against any third party claim or demand, including reasonable attorney’s fees, arising out of your use of your VitalKey, your violation of these terms or your infringement of any right of any person. You agree to be solely responsible for your compliance with any applicable law governing your use of your VitalKey.
You understand and agree that your VitalKey is not password protected and any information stored on your VitalKey may be accessible to any person who has possession of your VitalKey. You understand that if you want a person or organization to have access to your VitalKey in an emergency or non-emergency situation, but that person or organization does not have a computer that is compatible with the VitalKey for any reason, the person or organization will not have access to your records. Vital Data will not provide access to your records over the internet or by telephone.
