Last updated: May 20, 2019

This website (the “Website”) is operated by Medical Alert Center. (“Medical Alert Center”, “we”, “us” or “our”). It is intended for your information, education and communication. Please feel free to browse the Website; however, your access and use of the Website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing the Website, you accept, without limitation or qualification, these Terms of Use.

Medical Alert Center reserves the right, at its sole discretion, to change or modify these Terms of Use at any time. Changes and/or modifications shall become effective immediately upon posting. If we make any changes to these Terms of Use, we will change the “Last Updated” date above. Please review these Terms of Use periodically. Your use of the Website will be governed by the Terms of Use in place on the date you access the Website, and your use of the Website will constitute acceptance of those Terms of Use.

Please note that these Terms of Use only apply to the use of the Website. A separate set of Terms and Conditions apply to the use of any Medical Alert Center devices and services. This separate set of Terms and Conditions is provided to all customers and is available upon request.

If you do not agree with all of the following Terms of Use, please do not use this Website.

1. Use of Our Website and of Materials Contained on this Website

The Website contains material that is derived in whole or in part from material supplied by Medical Alert Center and other sources, and is protected by U.S. and international copyright and trademark laws. You may only view, use and download material on this Website for your non-commercial, personal use, subject to these Terms of Use. This limited, non-exclusive, revocable right is provided to you for personal purposes only; if you desire to use any material or content from this Website for any commercial or other purposes, you must obtain our prior written permission. You may not frame this site nor link to a page other than the home page without our express permission in writing. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from our Website or through use of our services. The information contained in this Website is intended for general information purposes only. We have made reasonable efforts to ensure that the information on this Website is accurate at the time of posting; however, there may be inaccuracies and occasional errors. We make no representations or warranties about the information provided on or through this Website, including but not limited to information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through this Website. We accept no liability for any inaccuracies or omissions in this Website and any decisions based on information contained on this Website are the sole responsibility of the user.

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.

If you object to any of the Terms of Use contained herein, you may discontinue use of the Website. Sections 1 through 3 and 5 through 13 will survive any termination of your access to the Website, whether we terminate your access or you voluntarily discontinue your use.

5. Indemnification

You agree to indemnify, defend and hold harmless, Medical Alert Center, its officers, directors, managers, members, owners, employees, agents, licensors, representatives, affiliates, successors, assigns, and third party providers to the Website from and against all losses, expenses, damages, costs, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, or fines of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website or violation of these Terms of Use by you. Furthermore, you agree that we assume no responsibility for the content you submit or make available through the Website except as set forth in our Privacy Policy.

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

Your use and browsing of the Website is at your own risk. If you are dissatisfied with any of the Materials contained in the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. To the fullest extent permissible pursuant to applicable law, neither Medical Alert Center nor any other party involved in creating, producing or delivering material to the site shall assume or have any responsibility or liability for any claims, damages, or losses, whether contractual, tort (including negligence), statutory, or otherwise, arising out of or in connection with your access to, use of, and/or inability to access the Website. Without limiting the foregoing, everything on the Website is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Medical Alert Center also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any content or materials from the Website.

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

The collection and use of your personal information is subject to the terms and conditions set forth in our Privacy Policy available at https://lifeprotect247.com/privacy-policy.

10. Governing Law

These Terms of Use shall be governed by the laws of the State of Virginia without regard to its conflicts of laws rules.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website, your use and access thereof, and these Terms of Use will be solely in the state courts of competent jurisdiction located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, as appropriate, and you hereby consent and submit to the exclusive personal jurisdiction and venue of the foregoing courts for any such legal proceeding.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our Website or these Terms of Use must be filed within one (1) year after such claim or cause of action accrues or be forever barred.

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.

You and Medical Alert Center agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of the Website, or your and the Medical Alert Center’s dealings with one another in connection with this Website shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the Arbitration Rules and Procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Medical Alert Center both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Medical Alert Center must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Virginia Beach, Virginia. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

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.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE, OR YOUR AND Medical Alert Center’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH THE WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and we agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms of Use. This arbitration agreement will survive termination of your use of this Website. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If you wish to initiate arbitration against Medical Alert Center, you must send notice to Medical Alert Center to the address below.

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. Attn: Legal Department

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Virginia Beach, Virginia or the United States District Court for the Eastern District of Virginia, Norfolk Division, located in Norfolk, Virginia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms of Use.

12. Waivers

CALIFORNIA WAIVER.

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.

13. General

This site is intended exclusively for residents of the United States ages 13 and above.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our Website or delivering them to you via email. You may update your email address by visiting the area of the Website where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. These Terms of Use constitute the entire agreement between you and us in regards to your access and use of the Website and supersede all prior agreements with respect to the subject matter hereof.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use are found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.

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 (844) 203-5617. If you do not consent or you revoke consent, we may be unable to provide you with assistance.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their personally identifiable information (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your personally identifiable information in accordance with our website.

What personal information do we collect from the people that visit our website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, social security number or other details to help you with your experience. Additionally, we passively collect information about our visitors using cookies, as set out below.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

For your convenience, we may store your credit card information kept for more than 60 days in order to expedite future orders, and to automate the billing process.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer or Google Chrome) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

Third-party disclosure

We may disclose personal information with third parties for a variety of purposes. We grant access to personal information to, for example, website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. We may share information with select, carefully selected business partners to make valuable offers tailored to your needs. You may opt out of sharing with our business partners here.

Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-parties have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act Disclosure

The following disclosures are made pursuant to CalOPPA:

• Users can visit our site anonymously.
• Users will be notified of any privacy policy changes on our Privacy Policy Page
• Due to the variable nature of “Do Not Track” signals used by browsers as specified by the World Wide Web Consortium, we are not always able to honor the intent of a browser’s DNT mechanism.
• Users are able to change their personal information:
• By emailing us
• By calling us
• We allow third-party behavioral tracking.

California Consumer Privacy Act

The California Consumer Privacy Act requires specific disclosures and options for California consumers. Our CCPA disclosures are here.

COPPA (Children Online Privacy Protection Act)

We do not specifically market to children under 13, and do not knowingly collect personal information from children under 13. If you believe we have collected information regarding a child under 13 in error, please contact us below.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Medical Alert Center

info@themedicalalertcenter.com