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In Case of Emergency
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Terms of Use

LEGALZOOM ICE APPLICATION END-USER LICENSE AGREEMENT

IMPORTANT: Before using your LegalZoom iPod touch or iPhone In Case of Emergency Application (the "ICE Application"), please read this end-user license agreement ("EULA") carefully.

Both LegalZoom and you acknowledge that this EULA is between LegalZoom and you only, and that neither Apple, Inc. nor any of its subsidiaries ("Apple") are a party to this EULA. LegalZoom is solely responsible for the ICE Application and the content thereof.

This Agreement incorporates by reference our Terms of Use Agreement (the "Terms of Use") available at http://www.legalzoom.com/terms-of-use.html, our Privacy Policy (the "Privacy Policy") available at http://www.legalzoom.com/privacy-policy-popup.html, and the Apple App Store Terms of Service (the "Apple Terms of Service") available at www.apple.com/legal/itunes/us/terms.html#SERVICE. On your valid acceptance of this EULA, you agree and understand that you are bound by the Terms of Use, the Privacy Policy, and the Apple Terms of Service.

BY CLICKING THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT CLICK THE "ACCEPT" BUTTON AND DO NOT INSTALL OR USE ANY PART OF THE ICE APPLICATION.

  1. LICENSE GRANT.

    Subject to the terms and conditions of this EULA, LegalZoom grants you a non-exclusive, non-transferable, non-commercial free-of-charge license to download, install, and use the ICE Application on any iPhone or iPod touch that you own or control (each a "Mobile Device") as permitted by the usage rules set forth in Section 9.b. of the Apple Terms of Service. The terms of this license will govern any upgrade provided by LegalZoom that replaces and/or supplements the original ICE Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. Apple has no obligation to provide you with any updates, maintenance, or support services for the ICE Application.

  2. LICENSE RESTRICTIONS.

    1. Your Mobile Device(s) Only. This license does not allow you to use the ICE Application on any Mobile Device that you do not own or control, and you may not distribute or make the ICE Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the ICE Application.

    2. Limitations on Reverse Engineering, Decompilation and Disassembly. Except as expressly permitted by this license and the Apple Terms of Service, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the ICE Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the ICE Application). Any attempt to do so is a violation of the rights of LegalZoom and its licensors. If you breach this restriction, you may be liable for damages and subject to prosecution.

  3. INTELLECTUAL PROPERTY OWNERSHIP.

    1. Intellectual Property of LegalZoom. The ICE Application and any authorized copies you make thereof are the intellectual property of LegalZoom. The structure, organization, and code of the ICE Application are the valuable trade secrets and confidential information of LegalZoom. The ICE Application is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the ICE Application and all rights not expressly granted herein are reserved by LegalZoom.

    2. Third-Party Claims. LegalZoom will, at its expense and option, defend or settle any claim brought against you alleging that the ICE Application or your possession and use of the ICE Application breaches any third-party's intellectual property rights. LegalZoom, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such third-party intellectual property infringement claim.

  4. YOUR INFORMATION.

    1. Personal Health Information. When completing the sign-up section for your ICE Application on the Site, you will be asked to provide only an email address. The information you provide on the Site is retained by LegalZoom and is governed by our Privacy Policy. You will not enter any personal health information (the "Personal Health Information") on the Site, and no Personal Health Information you enter on your Mobile Device can be accessed or retrieved by LegalZoom. Your Personal Health Information will appear on your Mobile Device for immediate use by emergency first responders, but can be accessed by anyone who picks up your Mobile Device. You are responsible for keeping your Mobile Device safe and secure and out of the reach of others and any information inserted is done at the risk that this information may be viewed on your Mobile Device.

    2. HIPAA Requirements. Use and disclosure of health information and patient records is subject to extensive United States federal and state regulation, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). You hereby acknowledge and agree to comply at all times with your obligations under HIPAA, all regulations promulgated thereunder from time to time, and all other applicable federal and state laws and regulations. Although the ICE Application provides you with an infrastructure for efficient storage, retrieval, and distribution of information, making medical and/or legal determinations about disclosure, sharing, and distribution of sensitive information is solely your responsibility. It is your responsibility to comply with HIPAA when entering data in or through the ICE Application. You acknowledge and agree that written patient consent to disclose or release health information is required in some or all circumstances prior to disclosure. You acknowledge and agree that any Personal Health Information you provide is at your own initiative and that you are doing so only in compliance with HIPAA and other applicable laws or regulations.

  5. DISCLAIMER OF WARRANTIES.

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ICE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ICE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE ICE APPLICATION ("ICE SERVICES") AND/OR LEGALZOOM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LEGALZOOM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ICE APPLICATION AND ANY ICE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LEGALZOOM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ICE APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE ICE APPLICATION OR THE ICE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ICE APPLICATION OR ICE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ICE APPLICATION OR ICE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEGALZOOM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE ICE APPLICATION OR ICE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  6. INDEMNIFICATION.

    You agree to indemnify and hold LegalZoom harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your download, access, and/or use of the Ice Application, including any content or services provided therein, your violation of any term or condition of this EULA, and your violation of applicable laws or any rights of another person or entity.

  7. LIMITATIONS OF LIABILITY.

    1. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEGALZOOM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ICE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LEGALZOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

    2. WITHOUT LIMITING THE FOREGOING, LEGALZOOM IS NOT RESPONSIBLE AND WILL NOT BE HELD LIABLE FOR ANY EMERGENCY MEDICAL SERVICES, INCLUDING BUT NOT LIMITED TO, THE TIMELINESS OF EMERGENCY FIRST RESPONDERS, WHETHER OR NOT EMERGENCY FIRST RESPONDERS WILL LOCATE YOUR MOBILE DEVICE AND IDENTIFY THE ICE APPLICATION LOGO ON YOUR MOBILE DEVICE, WHETHER OR NOT THE EMERGENCY FIRST RESPONDERS WILL USE THE INFORMATION AVAILABLE THROUGH THE ICE APPLICATION ON YOUR MOBILE DEVICE, OR WHETHER OR NOT EMERGENCY FIRST RESPONDERS WILL ACCESS OR HEED THE ICE APPLICATION OR INFORMATION CONTAINED THEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT IT IS NEITHER THE RESPONSIBILITY NOR THE PRIORITY OF EMERGENCY FIRST RESPONDERS, INCLUDING BUT NOT LIMITED TO POLICE, FIRE, EMR, EMS, OR HOSPITAL PERSONNEL, TO USE THE ICE SERVICES OR INFORMATION OFFERED BY THE ICE APPLICATION.

    3. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT STORED ON OR RETRIEVED FROM YOUR MOBILE DEVICE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO KEEP THE INFORMATION IN THE ICE APPLICATION UP TO DATE, ACCURATE, AND COMPLETE. LEGALZOOM WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO MAKE CHANGES IN CONTACT INFORMATION, MEDICAL CONDITIONS, MEDICATIONS, ALLERGIES, OR ANY PERSONAL WISHES AS EXPRESSED IN THE ICE APPLICATION.

  8. TERMINATION.

    The term of this EULA and the license granted to you will continue until terminated as provided in this section. Without prejudice to any other rights LegalZoom may have, the EULA will terminate automatically if you violate any provision herein, or if LegalZoom sends a written (including email or text message) notice of termination to you directly. You may terminate or cancel the license by discontinuing use of the ICE Application. In the event of termination, for any reason, you shall cease all use of the ICE Application, uninstall the ICE Application from each Mobile Device in which you have installed it, and destroy all copies, full or partial, of the ICE Application. Except for the license granted in Section 1 and as otherwise expressly provided herein, all sections of this EULA that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

  9. NO CONTINUING OBLIGATION.

    LegalZoom is not obligated by this EULA to continue making the ICE Application available for any period of time whatsoever.

  10. EQUIPMENT.

    1. Access. You must provide the Mobile Device and wireless connections that you will need to use the ICE Application at your own expense. We do not guarantee that the ICE Application can be accessed through all Mobile Devices or wireless service plans. We do not guarantee that the ICE Application is available in all geographic locations. You acknowledge that when you use the ICE Application, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE ICE APPLICATION THROUGH YOUR MOBILE DEVICE.

    2. Incompatibility. LegalZoom is not responsible and shall not be liable for incompatibility of the ICE Application with your Mobile Device.

    3. No Guarantee of Functionality. LegalZoom has no control over the firmware of any Mobile Device and thus cannot guarantee future functionality of the ICE Application.

  11. LEGAL COMPLIANCE; EXPORT ADMINISTRATION; GOVERNMENT USERS.

    1. Legal Compliance. By accepting this EULA, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    2. Export Controls. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the ICE Application and its use.

    3. U.S. Government End-Users. The ICE Application and any related documentation may be deemed "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions in this EULA. Unpublished rights are reserved under the copyright laws of the United States.

  12. THIRD-PARTY BENEFICIARY.

    You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. On your acceptance of the terms and conditions of this EULA, you agree and acknowledge that Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.

  13. PRODUCT QUESTIONS, COMMENTS, CLAIMS, AND CONTACT INFORMATION.

    LegalZoom, and not Apple, is responsible for addressing any questions, comments, or claims relating to the ICE Application and/or your possession or use of the ICE Application, including but not limited to: (a) product liability claims; (b) any claim that the ICE Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. If you have any comments or questions, please contact LegalZoom at:

    LegalZoom.com
    Attn: Legal Department
    7083 Hollywood Blvd., Ste. 180
    Los Angeles, CA 90028
    Telephone: (800) 773-0888
    Email: legal@legalzoom.com

  14. REQUESTING A REFUND.

    If you paid for the ICE Application, and if ICE Application fails to conform to any applicable warranty (if any), please notify Apple, and Apple will refund to you the price you paid for the ICE Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ICE Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to failure to conform to a warranty made under this EULA (if any) will be the sole responsibility of LegalZoom.

  15. ENTIRE AGREEMENT; SEVERABILITY.

    This EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, except that this EULA shall coexist with, and shall not supersede, the Terms of Use, the Privacy Policy, and the Apple Terms of Service. To the extent that the provisions of this EULA conflict with the provisions of the Terms of Use, the conflicting provisions in the EULA shall govern. If any provision of this EULA is found to be unenforceable, that provision shall be severed and the remainder of the EULA shall be given full force and effect.