THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE PRODUCT AND THE PLATFORM, AS WELL AS INFORMATION ABOUT YOUR PRIVACY, FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
IF YOU PURCHASE THE MEDICALERT PRODUCT OR ACCESS OR USE ANY PART OF THE PLATFORM, YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE PRODUCT OR PLATFORM.
Scope and Acceptance
You represent that you are (1) at least 18 years of age or of legal age to form a binding contract and (2) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are using the Product or accessing or using any part of the Platform on behalf of any individual or entity, including as the caregiver of a Member, you represent and warrant that you are authorized (a) to accept these terms on behalf of the individual or entity and (b) to bind such individual or entity to the Agreement.
Overview of the Product and Platform and Disclosure of Your Information
A principal purpose of the MedicAlert Product and related Services is to provide information about you to first responders, health care personnel, and related others in the event of an emergency affecting you. By purchasing the Product or receiving related Services, including paid subscription services, from MedicAlert, and/or any partners or third parties that are authorized by MedicAlert to sell MedicAlert Products and Services, you authorize MedicAlert to release medical and other confidential information about you during emergencies to first responders, health care personnel, and others, which may or may not be designated by you.
The Product includes MedicAlert’s toll-free number where MedicAlert’s emergency response team is available 24/7 to provide information to such first responders, health care personnel, and related others. To help get the aid you need in an emergency situation, you may also call 911 through your phone, or from any phone number you have shared with MedicAlert, and when the phone number that contacted 911 matches any of the phone numbers you have shared with MedicAlert, where available, or when someone provides the MedicAlert identification number to the 911 dispatcher, MedicAlert will share your information with the 911 dispatcher. The information we share with the 911 dispatcher is your name and the gender that you have provided to MedicAlert, as well as a calculated age based on the date of birth you have provided to MedicAlert. When sharing your information with the 911 dispatcher, we will also pass along your information to RapidSOS, which provides a technology platform that enables data sharing from MedicAlert to 911 dispatchers. RapidSOS’s emergency platform will only transmit the MedicAlert data with 911 dispatchers in the United States. In order to protect you, MedicAlert and RapidSOS may retain information about the times when the 911 dispatcher received your information. Any summary of such 911 access information that MedicAlert or RapidSOS keeps will be de-identified so that it does not contain any information that can be linked to you. MedicAlert and RapidSOS will never record or listen to your or any 911 calls or make a transcript of such calls. However, all calls, emails, and other communications between you and MedicAlert may be recorded.MedicAlert attempts to provide accurate descriptions, availability, and pricing of the Product and paid Services on the Website. MedicAlert does not warrant, however, that the descriptions, availability, and pricing are current or error-free.
In order to access and use certain parts of the Platform, including certain paid or subscription Services, you may be required to register with us. Registration requires you to (1) indicate agreement to this Agreement, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in MedicAlert’s sole discretion. Upon registration, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.You agree, represent, and warrant that you shall at all times provide accurate information when registering as a Member and when using the Product or Platform and that you shall update and maintain as accurate all such information during your use of the Product and Platform.
MedicAlert may, in its sole discretion, choose not to process or to cancel your order to purchase the Product or paid Services in certain circumstances. This may occur, for example, when the Product or Service you wish to purchase is unavailable or has been mispriced, we suspect the request is fraudulent, or in other circumstances MedicAlert deems appropriate in its sole discretion. MedicAlert also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. MedicAlert will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, MedicAlert reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotions, offers, product descriptions or specifications, or other information, without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).MedicAlert does not accept returns of Products and all orders are final when placed either online, via our Member Services team and/or with any other authorized third party. However, MedicAlert reserves the right to accept returns of certain merchandise on a case-by-case basis.
Automatic Renewal Policy
Your subscription will automatically renew at the end of each subscription term for another subscription term of the same length. You agree that MedicAlert can automatically renew your subscription service and charge your account on the anniversary of your last subscription date (the “Renewal Date”), unless you modify or cancel your subscription before the Renewal Date. All notices regarding your subscription will be sent to your last email of record. To cancel your subscription without your account being charged for the next term, you must do so before the Renewal Date. You are responsible for timely canceling your subscription regardless of whether you receive any notice from us. The renewal payment is due on the Renewal Date and will automatically be charged to the same credit card that you used for the original purchase or the most recent purchase. Please notify MedicAlert Member Services at 1-800-432-5378 before the Renewal Date of any changes to your email, account, or billing information. Should you decide to cancel prior to your Renewal Date, your cancellation will be effective at the end of the then-current last day of the subscription term for which you have already paid. MedicAlert reserves the right to modify from time to time the subscription fee. MedicAlert will make every attempt to communicate in advance any price change, but MedicAlert is not required to do so.
You may cancel your MedicAlert subscription at any time by contacting the MedicAlert Member Services team as specified on the “Contact Us” page on the Website. MedicAlert subscription fees are non-refundable. MedicAlert does not refund subscription fee either fully or partially if you notify us that you are voluntarily closing your account within the current subscription period. If MedicAlert has collected your subscription fee for a new subscription that has not yet started, we will refund this fee if notification of voluntary termination is received prior to the start date. For cancellations after the start date, the subscription fee is non-refundable.
MedicAlert may terminate your subscription and refuse any and all current or future use of the Product and Platform, or any portion thereof, (1) in order to comply with applicable law, (2) if you provide any information that MedicAlert determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if subscription fees are not paid, (4) if MedicAlert determines, in its sole discretion, that you are using your MedicAlert subscription in a manner not permitted by this Agreement, or (5) in other circumstances, as MedicAlert deems appropriate in its sole discretion. Please note that termination by you or MedicAlert of your MedicAlert subscription may result in the termination of your subscriptions in MedicAlert’s affiliated websites. Upon payment of any outstanding balance, we may agree to reinstate your subscription after termination. If this occurs, we may charge you a fee for reinstating your subscription.
Permitted Use of the Product and Platform
You shall not use the Product or Platform for any purpose competitive to MedicAlert. You will notify MedicAlert immediately by emailing member_services@MedicAlert.org of any unauthorized use of your MedicAlert Product or Platform that is known to you.
Certain MedicAlert materials provided through the Platform are protected by intellectual property laws, including but not limited to U.S. copyright and trademark laws. You expressly acknowledge and agree that the content accessible through the Platform is the property of MedicAlert and its content providers, and MedicAlert and its content providers retain all right, title, and interest in the content.Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform solely for your own use. Except as expressly provided, all rights are reserved.
In connection with the use of the Platform, you may not:
(a) alter or modify the Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Platform, or any portion thereof, except to the extent permitted by the intended functionality of the Platform or as required for the limited purpose of reviewing material on the Platform; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Platform, or related materials; or
(c) remove or modify any proprietary notice or labels on the Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any website; or
(d) use the Platform for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by MedicAlert or any third party; or
(f) use the Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Platform, or access data on the Platform not intended for you, except as specifically authorized by MedicAlert (such unauthorized access or attempted access may subject Members to prosecution); or
(h) impersonate or misrepresent your affiliation with any person or entity; or
(i) use any automated means to access or use the Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Platform, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) attempt to or actually disrupt, impair, interfere with, alter, or modify the Platform, or any information, data, or materials posted and/or displayed by MedicAlert; or
(k) attempt to probe, scan, or test the vulnerability of the Platform or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to interfere with or disrupt access to or use of the Platform by any Member, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
(m) post any content to the Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including MedicAlert’s rules and policies.
MedicAlert may suspend or terminate your account and your access to and use of the Platform at any time in its sole discretion and for any reason, including any breach of these terms.
Violation of Agreement
MedicAlert reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address or Member to the Platform.Any violation by you of this Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to MedicAlert for which monetary damages would be inadequate. You consent to MedicAlert’s obtaining any injunctive or equitable relief that MedicAlert deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies MedicAlert may have at law or in equity.
License to Member Submissions
By communicating with MedicAlert, including submitting or sending content to us, you grant MedicAlert the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a MedicAlert product, service, or feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to MedicAlert. You also warrant that any “moral rights” in such content is waived.
Hyperlinking to Other Websites
The Platform may provide links to other websites or digital properties to access third-party material or by bringing the third-party material into a site via “inverse” hyperlinks and framing technology (a “Linked Site”). MedicAlert has no discretion to alter, update, or control the content on a Linked Site. The fact that MedicAlert has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and MedicAlert urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
UNLESS OTHERWISE STATED, ALL USE OF LINKED SITES IS GOVERNED BY THE LINKED SITE’S TERMS AND CONDITIONS AND SUBJECT TO ITS PRIVACY AND SECURITY POLICIES AND PRACTICES.
No Medical Advice or Offers
Nothing offered through the Platform constitutes medical advice. MedicAlert provides materials for convenience and information only.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PRODUCT AND PLATFORM ARE AT YOUR SOLE RISK. THE PRODUCT AND PLATFORM ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. MEDICALERT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PRODUCT; (B) THE PLATFORM; (C) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM; AND (D) THE ACTS OR OMISSIONS OF YOU AND OTHER MEMBERS WITH RESPECT TO THE USE OF THE PRODUCT AND PLATFORM, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. MEDICALERT MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. MEDICALERT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT OR PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PRODUCT OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
MEDICALERT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE PLATFORM BY ANY PARTY OTHER THAN MEDICALERT, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL MEDICALERT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM OR A LINKED SITE, OR A MEMBER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
General Limitation of Liability
YOU AGREE THAT MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT, THE PLATFORM, OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE PRODUCT, THE PLATFORM, OR A LINKED SITE, EVEN IF MEDICALERT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A MEMBER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE, OR OTHER INTERCONNECTION PROBLEMS (E.G., INABILITY TO ACCESS AN INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. MEDICALERT CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM OR A LINKED SITE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO MEDICALERT UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF MEDICALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
Limitation of Liability for Third-Party Services
YOU ACKNOWLEDGE THAT CERTAIN OF THE SERVICES MADE AVAILABLE THROUGH THE PRODUCT AND PLATFORM ARE PROVIDED BY THIRD-PARTY SERVICE PROVIDERS AND NOT MEDICALERT, INCLUDING BUT NOT LIMITED TO PUSH BUTTON ALARM SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO SUCH THIRD-PARTY SERVICES OFFERED THROUGH THE PRODUCT OR PLATFORM ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH THIRD-PARTY SERVICE PROVIDERS. MEDICALERT HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH SERVICES PROVIDED BY SUCH THIRD-PARTY SERVICE PROVIDERS, AND YOU HEREBY EXONERATE MEDICALERT FROM ANY LIABILITY WITH RESPECT TO THE SAME.
MedicAlert relies upon the accuracy of the information that you provide. Therefore, you agree to defend, indemnify, and hold harmless MedicAlert, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns from any claim, demand, or lawsuit brought by you or any other party or parties for any injury, death, loss, costs, expenses or damages (including, but not limited to, reasonable fees and disbursements of counsel and court costs), arising in whole or in part out of your provision of incomplete or inaccurate information to MedicAlert, any violation of this Agreement by you, and any act or omission by you relating to your use of the Product or Platform.
Your Contact with Advertisers
Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Platform (including, without limitation, payment, and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. MedicAlert makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that MedicAlert will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on the Platform.
Notification to MedicAlert Regarding Alleged Copyright Infringement
MedicAlert has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. MedicAlert reserves the right to remove any content on the Platform which allegedly infringes another person’s copyright. Notices to MedicAlert regarding any alleged copyright infringement on the Platform should be directed firstname.lastname@example.org. The following information should be provided:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
(d) your name, mailing address, telephone number and e-mail address;
(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
Governing Law and Venue
Any action related to the Agreement will be governed by the laws of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. Subject to the Dispute Resolution provision in this Agreement, you and MedicAlert agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Product, Platform, or the Agreement will be exclusively in the federal or state courts of California.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MEDICALERT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
By using the Product or Platform in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against MedicAlert, or any of its officers, directors and employees, arising out of, relating to, or connected in any way to the Product or Platform, or the determination of the scope or applicability of this Dispute Resolution provision, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Sacramento, California; (4) the arbitrator’s decision shall be controlled by the Agreement; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or MedicAlert’s claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or MedicAlert; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against MedicAlert exceed $125 USD and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, MedicAlert agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MedicAlert will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Dispute Resolution provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor MedicAlert shall be entitled to arbitrate the dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
We may sell, transfer, or assign this Agreement and your subscription account. We may do so at any time without notifying you. You may not sell, assign, or transfer your subscription account or any of your obligations under this Agreement without the prior written consent of MedicAlert. Any purported assignment or delegation that does not comply with this paragraph shall be void at its inception.
The Agreement constitutes the entire agreement of between you and MedicAlert regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into this Agreement.
If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
Effect of Termination/Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of this Agreement or Services, including any MedicAlert subscription Services, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations or rights of a party will survive expiration or termination of this Agreement or such Services.