In this Dynamics Customer Agreement, “we” and “our” refer to Dynamics Inc., the developer and manufacturer of your LifeCode™ Card. “You” and “your” refer, jointly and severally, to each individual who purchases and uses a LifeCode™ Card.

  1. Your agreement to these Terms and Conditions. The terms and conditions in this Dynamics Customer Agreement govern your use of the LifeCode™ Card and all Dynamics technology and related software incorporated into the LifeCode™ Card or used with the LifeCode™ Card, including, but not limited to, the Dynamics LifeCode™ Service. At all times, the technology and related software incorporated into the LifeCode™ Card or used with the LifeCode™ Card is and shall remain the sole property of Dynamics.
  2. Use of Your LifeCode™ Card. You understand and agree that your LifeCode™ Card is a battery-powered electronic device, which, in unusual circumstances or with improper use, may be dangerous; you must read the user manual before using your LifeCode™ Card for the first time. Effective and correct use of your LifeCode™ Card is your responsibility, and Dynamics bears no responsibility for your failure to use your LifeCode™ Card in accordance with the user manual or for any misuse of your LifeCode™ Card whatsoever. Should you ever notice any change to your LifeCode™ Card or other unusual circumstance regarding the appearance of your LifeCode™ Card, you must stop using the LifeCode™ Card immediately and contact the customer service number on the back of your LifeCode™ Card immediately (which number is also available at http://www.DynamicsInc.com/LifeCode); failure to do so will relieve Dynamics of any and all liability arising from the LifeCode™ Card thereafter. If your LifeCode™ Card malfunctions or fails to operate due to a technical failure, you must arrange for a replacement by calling the customer service number on the back of your LifeCode™ Card, which number is also available at http://www.DynamicsInc.com/LifeCode.
  3. Misuse of Your LifeCode™ Card. You understand and agree that your LifeCode™ Card is intended to be used solely for accessing medical information that you input into the Dynamics LifeCode™ Service. You further understand and agree that any other use of your LifeCode™ Card is strictly prohibited. Under no circumstance should you violate the physical integrity of the LifeCode™ Card, and no attempt should ever be made to disassemble or otherwise break the LifeCode™ Card apart (other than for purposes of disposal, in accordance with the terms of the user manual). No reverse engineering of the LifeCode™ Card is permitted, and it is unlawful to attempt to duplicate or clone the LifeCode™ Card in any way. Not only will Dynamics assume no liability for any damage caused by your failure to abide by the terms of this paragraph, you also agree to defend Dynamics and hold Dynamics harmless with regard to any claim that may be made against Dynamics arising out of your failure to abide by the terms of this paragraph.
  4. If Your LifeCode™ Card is Lost or Stolen. You understand and agree that, if your LifeCode™ Card is lost or stolen, you must contact the Dynamics customer service number immediately, which can be found at http://www.DynamicsInc.com/LifeCode. You further understand that your failure to do so may directly result in the compromise or dissemination of the medical information that you input into the Dynamics LifeCode™ Service program. Upon notification that your LifeCode™ Card has been lost or stolen, Dynamics will promptly disable anyone’s ability to access that information from outside of Dynamics. Dynamics will assume no liability for any damage to you caused by your failure to notify Dynamics immediately of a lost or stolen LifeCode™ Card. You assume all responsibility for any compromise or dissemination of your input medical information in the timeframe between the loss or theft of your LifeCode™ Card and your notification to Dynamics of such loss or theft, and you agree to waive any and all claims that you might otherwise make against Dynamics for such compromise or dissemination and to hold Dynamics harmless from any claim related thereto.
  5. Replacement of a Lost or Stolen LifeCode™ Card. A replacement for a lost or stolen LifeCode™ Card may be purchased at http://www.DynamicsInc.com/LifeCode.
  6. Use of the Dynamics LifeCode™ Service. The Dynamics LifeCode™ Service is a software application that allows you to input certain medical information for later access by an Emergency Medical Technician (“EMT”) who comes into possession of your LifeCode™ Card during a medical emergency. You must read the user manual before using the Dynamics LifeCode™ Service for the first time. Effective and correct operation of the Dynamics LifeCode™ Service is your responsibility, and Dynamics bears no responsibility for your failure to operate this program correctly.
  7. Release of Your Input Medical Information. You understand and agree that by purchasing your LifeCode™ Card and by inputting your medical information (and any other confidential information that you choose to include) into the Dynamics LifeCode™ Service program, you authorize Dynamics to release all such medical and any other information that you input to EMTs who come into possession of your LifeCode ™ Card during a medical emergency and to any other individual to whom you may provide your LifeCode™ Card. Dynamics will maintain the information that you input into the Dynamics LifeCode™ Service in accordance with our Customer Privacy Policy, which is available for your review at any time at http://www.DynamicsInc.com/LifeCode. Dynamics will store such information securely and in accordance with all applicable laws and regulations. Absent a violation of such laws and regulations, you understand and agree that Dynamics will not be liable for any compromise or unauthorized dissemination of such information.
  8. Your Indemnification of Dynamics. Dynamics relies upon the accuracy of the medical and other information that you input into the Dynamics LifeCode™ Service program. You therefore agree to defend, indemnify and hold Dynamics (including its officers, directors, employees, agents, attorneys, successors and assigns) harmless from any claim or lawsuit brought by you or others (including, but not limited to, your heirs and assigns) for injury, death, loss or damages arising, in whole or in part, out of a reliance upon incomplete or inaccurate information that you provide to Dynamics.
  9. Delays; Malfunctions. You also understand and agree that, in the event that there is any malfunction of your LifeCode™ Card whatsoever or if there is any delay in the accessing of the medical or other information that you input into the Dynamics LifeCode™ Service program (including, but not limited to, any complete failure to access such information or any incomplete transmission thereof), Dynamics will not be liable to you for any damages arising as a result, whether direct, indirect or consequential.
  10. Additional Legal Exclusions.
    1. Except to the extent specifically prohibited by applicable law in your jurisdiction, Dynamics disclaims all conditions, guarantees, representations and warranties of any kind, whether express or implied, including, but not limited to, any conditions, guarantees, representations or warranties of durability, fitness for a particular use or purpose, merchantability, merchantable quality, non-infringement, satisfactory quality or title arising from a statute or custom or a course of dealing or usage in trade or related to the LifeCode™ Card, the technology or related software incorporated in the LifeCode™ Card or used with the LifeCode™ Card (including, but not limited to, the Dynamics LifeCode™ Service program) or the documentation provided by Dynamics in conjunction with the LifeCode™ Card or its use.
    2. Some jurisdictions may not allow or may limit the exclusion or limitation of implied warranties and conditions. To the extent permitted by law, however, any implied warranties or conditions relating to the LifeCode™ Card, the technology or related software incorporated in the LifeCode™ Card or used with the LifeCode™ Card (including, but not limited to, the Dynamics LifeCode™ Service program), or the documentation provided by Dynamics in conjunction with the LifeCode™ Card or its use, to the extent that they cannot be excluded, as set forth above in subparagraph a., but which can be limited, are hereby limited to ninety (90) days from the date you first acquired that which is the subject of the claim.
    3. To the maximum extent permitted by applicable law in your jurisdiction, in no event shall Dynamics be liable for any type of damages related to the LifeCode™ Card, the technology or related software incorporated in the LifeCode™ Card or used with the LifeCode™ Card (including, but not limited to, the Dynamics LifeCode™ Service), the documentation provided by Dynamics in conjunction with the LifeCode™ Card or its use, including, but not limited to, any of the following damages: consequential, exemplary, incidental, direct, punitive or aggravated damages, damages for loss of profits or revenues, failure to realize any expected savings, business interruption, loss of business information, loss of business opportunity or corruption or loss of data, failures to transmit or receive any data, problems associated with any applications used in connection with the LifeCode™ Card (including, but not limited to, the Dynamics LifeCode™ Service), downtime costs, loss of the use of the LifeCode™ Card or services or any portion thereof, the cost of substitute goods, costs of cover, facilities or services, cost of capital or other similar pecuniary losses, whether or not such damages were foreseen or could have been foreseen, and even if Dynamics has been advised of the possibility of such damages.
    4. To the maximum extent permitted by applicable law in your jurisdiction, you agree that Dynamics shall have no other obligation, duty or liability whatsoever in contract, tort or otherwise to you, including any liability for negligence or under a claim of strict liability.
    5. The limitations, exclusions and disclaimers herein shall apply: (i) irrespective of the nature of the cause of action, demand or action by you, including, but not limited to, breach of contract, negligence, tort, strict liability or any other legal theory and shall survive fundamental breach or breaches or the failure of the essential purpose of this Customer Agreement or of any remedy contained herein and (ii) to Dynamics, any companies that may become affiliated therewith, their successors, assigns, agents, suppliers, and their respective officers, directors, employees and independent contractors.
    6. In addition to the limitations and exclusions set out above in this Customer Agreement, in no event shall Dynamics or any officer, director, employee, agent, distributor, supplier or independent contractor of Dynamics have any liability arising from or related to the technology and related software incorporated in the LifeCode™ Card or used with the LifeCode™ Card (including, but not limited to, the Dynamics LifeCode™ Service program), or the documentation provided by Dynamics in conjunction with the LifeCode™ Card or its use.