Terms & Conditions

LifeGenix Terms and Conditions

The Services offered by LifeGenix facilitate coordination and communication with healthcare providers but do not replace your relationship with any physician.

These Terms limit your available remedies for certain disputes and include a mandatory arbitration clause, which requires arbitration on an individual basis rather than through a lawsuit. This means that you are waiving your right to have disputes resolved in court before a jury or judge (except as stated in Section 15), and (ii) you are giving up your ability to pursue disputes as part of a class or representative action.

Introduction

LifeGenix Institute (“LifeGenix,” “we,” “our,” or “us”) owns and operates the LifeGenix Institute website at www.lifegenix.com (the “Site”). These Terms of Use (“Terms”) govern your use of the Services and other services described herein.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES.

BY CLICKING “I ACCEPT,” “I AGREE,” OR A SIMILAR OPTION, OR BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES.

1. Important Notices and Disclaimers

Your Relationship with LifeGenix: LIFEGENIX IS NOT A HEALTHCARE PROVIDER. We provide business and administrative support services to LifeGenix Med PLLC and affiliated entities, including The Affiliated Practices and their providers, who do not offer primary care services. Always reach out directly to your regular healthcare provider with any questions about your health or medical conditions. The responsibility for diagnosis and treatment decisions rests with you and your healthcare provider. By coordinating and consulting with The Affiliated Practices or their providers through our Services, you are not establishing a provider-patient relationship with LifeGenix.

Except for specific health and wellness communications from The Affiliated Practices or their providers, THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT ANY MEDICAL QUESTIONS BEFORE MAKING HEALTHCARE DECISIONS.

No Insurance Accepted; Notice of Your Financial Responsibility: The Affiliated Practices do not accept commercial health insurance plans, are not in-network with any commercial plans, and are not enrolled in federal or state healthcare programs like Medicare and Medicaid. By using the Services, you agree to obtain products and services on a cash-pay basis, outside of any insurance plan or federal/state healthcare program. You are solely responsible for any costs incurred for services or products provided to you. If you are a beneficiary of a federal health program, you agree that neither you, LifeGenix, nor The Affiliated Practices will submit claims for reimbursement to any federal or state healthcare program for the costs associated with the services and products received through the Services. Please refer to Section 5 for additional details about your payment obligations.

2. Our Services

The Services enable users to (a) coordinate computed tomography, magnetic resonance imaging scans, or other medical tests for screening and assessments (“Imaging Services”) at one of our imaging facilities (“Imaging Facility”), and (b) access additional products or services. This may include administrative support for scheduling, communications, and payment related to healthcare services received from an Affiliated Practice or an Imaging Location, either in-person or virtually.

By using our Services, you take full responsibility for your usage and agree that we are not liable for any claims, losses, or damages resulting from your use of the Services.

3. Privacy Policy

Please review our Privacy Policy, available at http://lifegenix.com/privacy, for details on our data collection, usage, and sharing practices in connection with the Services.

4. Account Security and Registration

To use the Services, you may need to register for a user account. You agree to provide complete and accurate information during registration and to update this information as necessary to keep it current. When creating your account, you will set a username and password, which you are responsible for safeguarding. You agree not to share your username or password with anyone and to notify us immediately at [email protected] if you suspect any unauthorized use of your account. You acknowledge that you are solely responsible for any activities conducted through your account, whether or not you authorized them. We will not be liable for any losses or damages resulting from your failure to comply with these requirements. We reserve the right to disable any username, password, or other identifier at our discretion, for any reason, including if we believe you have violated these Terms.

5. Payment

You agree to pay all fees for services requested, based on the rates and payment terms presented to you during the transaction. If you dispute any charges, you must notify LifeGenix in writing within thirty (30) days of the charge date. LifeGenix may, at its sole discretion, offer credits or refunds on a case-by-case basis, such as in the event of a billing error.

By providing a credit card or other accepted payment method (“Payment Method”), you authorize us (or our service provider) to charge the Payment Method for the total amount due, including any applicable taxes (collectively referred to as a “Purchase”). Credit and payment card transactions are processed by a third-party payment processor, and you agree to abide by the payment terms of that processor. Our current third-party payment processor is Clover.

You understand and accept that you are responsible for all fees associated with the healthcare services you receive.

6. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in the following ways:

• In any manner that violates applicable federal, state, local, or international laws or regulations, including laws regarding the export of data or software.
• To exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate content or requesting personally identifiable information.
• To send, receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, false, misrepresentative, or illegal.
• To transmit or procure the sending of any advertising or promotional materials.
• To impersonate or attempt to impersonate LifeGenix, any LifeGenix employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm LifeGenix or its users, or expose them to liability.

7. Ownership and License

Ownership: LifeGenix is the sole owner of all rights, title, and interest in the Services and their content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, design, selection, arrangement, and overall look and feel) (collectively referred to as “Services Content”). This includes any associated copyrights, patents, or other intellectual property rights, whether protected or unprotected. You may not reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, perform, republish, download, store, transmit, sell, or exploit any part of the Services or Services Content, except as allowed by these Terms or explicitly permitted in writing by LifeGenix. Any copies, modifications, enhancements, adaptations, translations, or derivative works of the Services or Services Content will be solely owned by LifeGenix or its licensors, including all related intellectual property rights. You may not use any part of the Services or Services Content for commercial purposes.

Certain names, logos, and other materials displayed within the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of LifeGenix or its affiliates, including the Affiliated Practices. You are not authorized to use any such Marks without the express written permission of LifeGenix. All rights to these Marks and the associated goodwill remain with us or our affiliates.

Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use as permitted by these Terms. No other rights, titles, or interests in the Services or Services Content are transferred to you, and all rights not expressly granted are reserved by LifeGenix or its licensors.

8. Content and Feedback

You represent, warrant, and agree that any data or information you submit through the Services—whether by direct entry, submission, email, or otherwise—including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback (collectively referred to as “User Content”)—does not violate or infringe upon the rights of any third party. This includes copyright, trademark, privacy, publicity, or other personal or intellectual property rights, and does not breach any confidentiality obligations or contain libelous, defamatory, or unlawful material. You acknowledge that User Content is submitted voluntarily, is not confidential or proprietary, and does not create a relationship between you and LifeGenix.

By submitting User Content, you grant LifeGenix, our service providers, successors, assigns, and the Affiliated Practices a fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose your User Content to third parties. This includes using the data to provide Services to you, market Services to you, conduct research or analyses, operate our business, and design, develop, implement, modify, and improve current or future features, products, and services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND THAT NEITHER LIFEGENIX, NOR ITS RELATED PERSONS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY. THIS INCLUDES TORT (SUCH AS NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE. THIS ALSO INCLUDES, BUT IS NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER SPECIAL DAMAGES, SUCH AS DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA, SERVICE INTERRUPTION, DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, SYSTEM FAILURE, SUBSTITUTE PRODUCTS OR SERVICES, AND PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR SERVICES CONTENT. THIS APPLIES EVEN IF LIFEGENIX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL LIFEGENIX OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE GREATER OF (I) ONE HUNDRED AND SIXTY-NINE DOLLARS ($169) OR (II) THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. No Representations or Warranties

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFEGENIX AND ITS AFFILIATES, INCLUDING THE AFFILIATED PRACTICES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, DATA ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR DELIVERY SPEED, AND SYSTEM INTEGRATION. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE ON THE RIGHTS OF ANY THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LIFEGENIX NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. ADDITIONALLY, LIFEGENIX DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, DEFECTS, DELAYS, CYBER ATTACKS, VIRUSES, HACKING, MALWARE, OR OTHER SECURITY ISSUES, AND DISCLAIMS ANY LIABILITY IN THIS REGARD.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH CONTENT, MATERIAL, OR INFORMATION.

11. Indemnification

You agree to defend, indemnify, and hold harmless LifeGenix, its affiliates, the Affiliated Practices, subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any and all third-party claims, actions, suits, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, costs, and expenses (including reasonable attorneys’ fees, litigation costs, and accounting fees) that arise from or relate to: (i) your use of the Services or any Services Content or materials available through the Services, (ii) your User Content, (iii) your fraudulent actions, violations of law, negligence, or willful misconduct, or (iv) your breach of these Terms.

LifeGenix reserves the right, at its expense, to assume exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate as requested in the defense and settlement of that matter.

12. Governing Law; Arbitration; Venue

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU AND LIFEGENIX TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR OPTIONS FOR SEEKING RELIEF. BY AGREEING TO THESE TERMS, YOU AND LIFEGENIX WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Governing Law: These Terms and your use of the Services are governed by the laws of the State of Texas, without regard to conflict of law principles. Subject to the arbitration requirement outlined in this section, exclusive jurisdiction for any disputes not requiring arbitration lies with the state and federal courts in Dallas, Texas, and you consent to the jurisdiction of those courts.

Dispute Resolution and Arbitration: You and LifeGenix agree that any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration. This process uses a neutral arbitrator instead of a judge or jury and is generally less formal than court proceedings. Arbitration covers all claims, including those based on contract, tort, or any other legal theory, regardless of when they arise.

Exceptions: This arbitration agreement does not prevent either party from: (a) pursuing claims in small claims court; (b) filing lawsuits related to intellectual property rights; or (c) seeking injunctive relief in a court located in Dallas, Texas.

Venue: Any disputes that do not require arbitration will be handled in the state and federal courts located in Dallas, Texas, and both parties consent to the jurisdiction of those courts.

Severability: If any provision of this agreement is found to be unenforceable or invalid, the remaining provisions will continue in effect to the fullest extent permitted by law.

13. Electronic Communications Consent

By providing us with your email address or telephone number, you consent to receive electronic communications from LifeGenix and the Affiliated Practices or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from the Affiliated Practices or Imaging Locations, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures, or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

14. Notice Regarding Google

The following applies if you acquire the App from the Google Play Store: you acknowledge that these Terms of Service are between you and LifeGenix only, not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s current Google Play Terms of Service; (iii) Google is simply a provider of the Google Play platform from which you obtained the App; (iv) LifeGenix, not Google, is solely responsible for the App; (v) Google has no obligations or liabilities concerning the App or these Terms; and (vi) you acknowledge that Google is a third-party beneficiary of these Terms as they relate to the App.

15. Notice Regarding Apple

This section applies only if you are using the App on an iOS device. You acknowledge that these Terms are between you and LifeGenix, not Apple Inc. (“Apple”). Apple is not responsible for the Services or any associated content. There is no obligation for Apple to provide maintenance or support for the Services. If the Services do not meet applicable warranties, you may notify Apple, and they will refund the purchase price of the mobile application to you; however, to the maximum extent allowed by law, Apple has no further warranty obligations regarding the Services.

Apple is not responsible for any claims related to the Services or your use of them, including: (a) product liability claims; (b) claims that the Services do not meet legal or regulatory requirements; or (c) claims arising under consumer protection laws. Apple is not liable for the investigation or resolution of third-party claims that the Services or your use of them infringe on intellectual property rights.

You agree to adhere to any relevant third-party terms when using the Services. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon your acceptance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government prohibited or restricted parties list.

16. Third Parties

The Services may provide access to websites, information, products, services, and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by LifeGenix and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to the Third Party Materials (like their terms of service or privacy policies).

17. Miscellaneous Terms

• No Waiver: No waiver by LifeGenix of any term or condition in these Terms will be considered a continuing waiver of that term or any other term. Any failure by LifeGenix to assert a right or provision under these Terms does not constitute a waiver of that right or provision.
• No Agency Relationship: These Terms, along with any Services Content or materials, do not establish any partnership, joint venture, employment, or agency relationship between you and LifeGenix. You cannot enter into any contract on our behalf or bind us in any way.
• Remedies: You agree that any violation, or threatened violation, of these Terms constitutes an unlawful business practice that will cause us irreparable harm. You acknowledge that monetary damages would be insufficient to remedy such harm, and you consent to us seeking any necessary injunctive or equitable relief. These remedies are in addition to any other legal or equitable remedies available to us.
• Assignment: You may not assign any of your rights under these Terms; any attempt to do so will be void. LifeGenix and its affiliates may transfer all contractual rights and obligations under these Terms at their discretion, without further consent or notice, if LifeGenix business is transferred to another entity through merger, asset sale, or other means.

18. Changes to Terms and Services

LifeGenix is continually developing the Services and reserves the right to modify or remove any part of these Terms at its discretion, without prior notice. You should periodically review the Terms to stay informed about any changes. Any modifications to these Terms will take effect once posted on the Services, unless otherwise required by law. If you do not agree with the revised Terms, your only option is to stop using the Services. Continued use after changes have been posted indicates your acceptance of those changes.

You acknowledge that: (1) access to the Services may be limited at any time for various reasons; and (2) LifeGenix is not liable for any unavailability of the Services. LifeGenix also reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time and without notice. You agree that LifeGenix will not be liable for any modifications, suspensions, or discontinuations of the Services.

19. Termination

LifeGenix reserves the right to terminate or suspend your access to the Services, at its sole discretion, without notice for any reason, including but not limited to a belief that you have violated or acted inconsistently with these Terms. Upon termination, all provisions of this Agreement that should naturally survive termination will continue in effect, including, but not limited to, intellectual property rights, warranty disclaimers, indemnity, and limitations of liability.

Contact Information

If you have questions about this policy or wish to exercise your rights, please contact us at:

• Phone: (972) 236-3333
• Email: [email protected]
• Address: 17230 Dallas Parkway, Dallas, TX 75248

For any concerns or complaints, you may also reach out to us via the contact information above.