1. Use of Our Website and of Materials Contained on this Website
You agree not to use our Website or services to:
- Promote surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Restrict or inhibit any other user from using and enjoying our Website and services.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof.
2. Compliance with Law
You shall not use this Website for any illegal purposes. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages and/or interfere with the operation of this Website or with the enjoyment of this Website by other users.
3. Links to Third Party Sites3. Links to Third Party Sites
The presence of links to third party sites does not constitute or imply endorsement by Medical Alert Center of the opinions or views expressed by these linked websites, and Medical Alert Center does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Medical Alert Center is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by or through such third party sites. To the extent that third party sites collect personally identifiable information from you, please be advised that in no event shall Medical Alert Center assume or have any responsibility or liability for the manner in which such information is collected or for any claims, damages, or losses, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with your access to and/or use of those sites. In no event will Medical Alert Center be liable to you for any direct, indirect, incidental, consequential, or special loss or other damage arising out of or in connection with your use of such third party site(s).
4. Termination of the Website and/or Access Thereto
Medical Alert Center reserves the right, at any time and without notice, to modify, alter, suspend or terminate all or any part of this Website and to restrict or prohibit access to it. Medical Alert Center shall not be liable to any party for such modification, alteration, suspension, restriction or termination.
6. Responsibility for Fees and Usage Charges
By submitting your email address and/or cell phone number through the Website, you acknowledge that you may receive e-mail or text messages on your phone or mobile communications device, and that the receipt of such messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of Website content.
7. Limitation of Liability/Disclaimer
8. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that material posted on the Website infringes your copyrights, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
Service Provider: Medical Alert Center, Inc. Registered Agent/Registered Office: Mark E. Slaughter 222 Central Park Ave., Suite 1500 Virginia Beach Va23462 (757) 628-5660 Mslaughter@wilsav.com
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
9. Privacy and Protection of Personal Information
10. Governing Law
11. Dispute Resolution
ARBITRATION PROVISION AND JURY TRIAL AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THIS WEBSITE, YOU AND MEDICAL ALERT CENTER ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MEDICAL ALERT CENTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor Medical Alert Center will be able to have a court or jury trial or participate in a class action or class arbitration. You and the Medical Alert Center each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND Medical Alert Center ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.
If you wish to opt-out of the agreement to arbitrate, within 30 (thirty) days of when you first use the Website or submit through the Website a request for information, you must send Medical Alert Center a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following address:
Medical Alert Center, Inc. 3509 Virginia Beach Blvd. Virginia Beach, Virginia 23452 Attn: Legal Department
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NEW JERSEY WAIVER.
IF YOU ARE ACCESSING THE SITE FROM NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY MEDICAL ISSUE) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE US , AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST US FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON OUR PART OR OUR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS SECTION AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
This site is intended exclusively for residents of the United States ages 13 and above.
14. Location-Based Services
You authorize Medical Alert Center to collect your IoT emergency response pendant device location from third parties including wireless carries and to use it to provide assistance services to you. Medical Alert Center will share your location with individuals you authorize as well as first responders and call centers in order to provide you with assistance, including showing your location in near-real time in a web portal or application.
Your consent will be valid for the duration of your relationship with us unless you revoke it. You may revoke your consent by calling +1 (833) 686-5985. If you do not consent or you revoke consent, we may be unable to provide you with assistance.