Last Updated: February 10, 2023
These terms and conditions are entered into by and between you (“End User,” “you,” or “your”) and Better Medical Alert (“SMA,” “we,” “our,” or “us”), and state the material terms and conditions that govern your access to and use of https://bettermedicalalert.com/ (the “Website”), including any content, functionality and services offered on or through the Website. The following terms and conditions, together with all updates, supplements, additional terms, and all SMA’s rules and policies regarding use of our Website, including SMA Privacy Policy, available at https://bettermedicalalert.com/privacy-policy (“Privacy Policy”), each of which are incorporated by reference, collectively constitute the entire “Terms of Service” between you and SMA.
Please read these Terms of Service carefully before you start to use the Website. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS. IN ACCEPTING THESE TERMS AND CONDITIONS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; (B) CONSENT TO THESE TERMS AND CONDITIONS; AND (C) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
NOTICE OF ARBITRATION: THESE TERMS OF USE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE AND SERVICES, THESE TERMS OF USE OR THE PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
MORE INFORMATION ABOUT THE ARBITRATION SECTION 27 (ARBITRATION) BELOW.
1. THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
THE CONTENTS OF THE WEBSITE (SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED BY US FROM THIRD-PARTY LICENSORS AND OTHER MATERIAL CONTAINED ON THE WEBSITE, INCLUDING INFORMATION RELATED TO MEDICAL AND/OR HEALTH CONDITIONS) ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY.
THE WEBSITE DOES NOT PROVIDE MEDICAL DIAGNOSES OR RECOMMENDATIONS REGARDING MEDICAL TREATMENT.
THE WEBSITE AND THE CONTENT APPEARING ON THE WEBSITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
ALWAYS SEEK THE ADVICE OF YOUR MEDICAL PROVIDER OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION OR TREATMENT.
NEITHER THE WEBSITE NOR YOUR USE OF THE WEBSITE CREATES A DOCTOR/PATIENT RELATIONSHIP.
IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.
2. LIMITATIONS
The Website, along with any products and services available through the Website (collectively, the “Services”), is only available in the continental United States, Alaska, Hawaii, and Canada. The Website and Services rely on wireless communication and/or landline telecommunication networks (collectively, “Connectivity”) and geographical location services provided by Google Maps. NOT ALL FUNCTIONALITY OF THE WEBSITE AND SERVICES, INCLUDING THE ABILITY TO SEND A MEDICAL ALERT OR REQUEST EMERGENCY ASSISTANCE, IS AVAILABLE AT ALL TIMES, PARTICULARLY WHEN YOUR CONNECTIVITY CANNOT OR DOES NOT PROVIDE AN ADEQUATE SIGNAL OR SERVICE OR IS NOT ACTIVE OR ACTIVATED OR YOUR MEDICAL ALERT DEVICE(S) IS OR ARE NOT ACTIVE OR ACTIVATED.
You acknowledge and agree that your primary in-home and/or wearable Better Medical Alert device(s) shall serve as your primary means by which to send a Better Medical Alert or request emergency assistance. You further acknowledge and agree that failure to use your primary Better Medical Alert device(s) to send a Better Medical Alert or request emergency assistance may result in our inability to:
Receive your Better Medical Alert or your request for emergency assistance
Identify and relay your location to emergency personnel
Notify emergency personnel of your need for medical or emergency assistance
Send medical or emergency assistance
Your ability to send a medical alert or request emergency assistance via the Website and Services is available only if your Connectivity has technical compatibility with the Website and Services, coverage, network capacity, and reception when and where the Website and Services is needed or used. We are not responsible for the quality, consistency or availability of your Connectivity.
We are not responsible for our inability to receive or respond to your medical alert or request for emergency assistance due to (A) your failure to use your primary Better Medical Alert device(s) or (B) failure of your Connectivity used to access the Website and Services.
YOU HEREBY WAIVE, RELEASE AND DISCHARGE SMA OF ANY LIABILITY ASSOCIATED WITH YOUR USE OF THE WEBSITE AND SERVICES AND OUR FAILURE, OR THE FAILURE OF OUR AFFILIATES OR SERVICE PROVIDERS, TO RECEIVE AND/OR TRANSMIT YOUR MEDICAL ALERT OR REQUEST FOR EMERGENCY ASSISTANCE, INCLUDING YOUR PHYSICAL LOCATION, TO EMERGENCY PERSONNEL TO THE EXTENT YOU USED THE WEBSITE AND SERVICES TO SEND A MEDICAL ALERT OR REQUEST FOR EMERGENCY ASSISTANCE.
In no event will SMA be responsible for any losses or damages, including death or injury, arising from or relating to your use of the Website and Services, whether direct, indirect, incidental or consequential. Additionally, you will not initiate any claim, lawsuit, court action or other legal proceeding or demand against SMA, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by you or other parties in connection with your use of the Website and Services, and you waive any right you may have to do so.
Location Services
Our ability to identify and transmit your location to emergency personnel is based on your most current location data we have available through the Website and Services, which is dependent on the ability of your mobile device and your Connectivity to accurately transmit your location and the accuracy of the location services provided by our third party service provider. We cannot guarantee the performance, reliability, or accuracy of the location services available through the Website and Services and are not responsible for any losses or damages, including death or injury, arising from or relating to any failures in the accuracy of the location services provided by our third party service provider.
Errors and Omissions
We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website and Services, including any portions of the Website and Services supported or provided by third-party vendors, will be free of faults, and we do not accept liability for such faults, errors, or omissions. In the event of any such error, fault, or omission, you should report it by contacting us at privacy@bettermedicalalert.com.
No Warranty
We do not warrant that:
your use of the Website and Services, including any portions of the Website and Services supported or provided by third-party vendors, will be uninterrupted;
any information, calls, alerts, or messages, including medical alerts or requests for emergency services, transmitted via the Website and Services, including any portions of the Website and Services supported or provided by third-party vendors, will be transmitted accurately, reliably, in a timely manner or at all;
the Website and Services, including any portions of the Website and Services supported or provided by third-party vendors, are free or will always be accessible, uninterrupted, timely, secure, error free or free from viruses or anything else which may have a harmful effect on any technology; or
the Website and Services, including any portions of the Website and Services supported or provided by third-party vendors, will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
3. APPLICATION OF TERMS OF SERVICE
These Terms of Service apply only to information we collect via the Website and Services and in email, text or other electronic communications sent through or in connection with the Website and Services. These Terms of Service DO NOT apply to information that:
We collect offline or through any other websites or portals not controlled by SMA (unless such offline collection was initiated through your use of the Website or Services);
You provide to, or that is collected by, any third party; or that
Originates from any other sources.
Third parties may have their own terms and conditions and privacy policies, which we encourage you to read before interacting with them or providing information to or through them.
4. ELIGIBILITY
The Website is intended for End Users who are 18 years of age or older. If you are under the age of 18, you may only use the Website in conjunction with your parents or legal guardian or with the consent of your parents or legal guardian. By using the Website you represent and warrant that you are 18 years of age or older or meet all of the foregoing eligibility requirements. You further represent that you are of legal age in the jurisdiction in which you live to enter into a legally binding contract with SMA. If you do not meet all of these requirements, you must not access or use any of the Website.
5. CHANGES TO TERMS OF SERVICE
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms of Service at any time in order to conform them to our business practices. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website and Services thereafter constitutes your acceptance of such changes.
6. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Website, as well as any product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
When you place an order via the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features or creation of a user account on the Website, is governed by the Privacy Policy, available at www.bettermedicalalert.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
You are responsible for protecting the security of your account, and you must not disclose your account information, including password, to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account using your login credentials. You agree to notify us immediately of any unauthorized access to or use of your login credentials, including password, or any other breach of security.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms of Service or applicable payment terms.
You are responsible for complying with these Terms of Service at all times, and access to your account is subject to your timely and continued payment of any applicable fees or costs associated with your primary medical alert device(s) pursuant to the payment terms provided at the time of purchase of your medical alert device(s), which are incorporated by reference herein.
7. DATA PROTECTION AND PRIVACY
You agree that all information you provide through the Website is governed by the Privacy Policy, available at www.bettermedicalalert.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
8. LINKING TO THE WEBSITE; THIRD-PARTY WEBSITES
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may contain links to websites owned or operated by third parties. These links are provided for your convenience only. If you click on any of these links, you will be transferred out of the Website and connect to the website of the organization that you selected. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for quality, accuracy, or completeness by us.
Inclusion of any linked website on the Website does not imply or express our approval or endorsement of the linked website or any of the content, opinions, products, or services provided through the Website. We exercise no control over linked sites even if an affiliation exists between the Website and a third-party website.
These Terms of Service and our Privacy Policy apply only to the Website and not to any third-party website, and each of these linked sites maintains its own independent privacy and data collection policies and procedures. While we expect our business partners and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website that is linked to or from the Website, we encourage you to consult that website’s Privacy Policy before providing any personal information and whenever interacting with any website.
9. INTELLECTUAL PROPERTY RIGHTS
The Website, Services, and any associated or contained contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned and licensed by SMA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain products, services or company designations for companies other than SMA may be mentioned or displayed on the Website for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Website are the trademarks, registered or unregistered, of their respective owners.
We grant you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Website and Services, throughout the United States, subject to your compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or Services.
These Terms of Service and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
10. PROHIBITED USES
You may use the Website and Services only for lawful purposes and in accordance with these Terms of Service and the Privacy Policy. You agree not to use the Website or Services in any of the following ways:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal or sensitive information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate SMA, a SMA employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm SMA or users of the Website or Services or expose them to liability.
Additionally, you agree not to do any of the following:
Use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including its ability to engage in real time activities through the Website.
Use any robot, spider, “scraper,” “crawler,” or other automatic device, process, or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website or Services.
Use any manual process to monitor or copy any of the material on the Website or Services or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website or Services.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Services, the server on which the Website or Services are stored, or any server, computer, or database connected to the Website or Services.
Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or Services.
Modify copies of any materials from the Website or Services.
Use any illustrations, photographs, video or audio sequences or any graphics from the Website or Services or any text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Services.
No right, title, or interest in or to the Website or Services or any content on the Website or Services are transferred to you, and SMA reserves all rights not expressly granted in these Terms of Service. Any use of the Website or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
11. USER CONTRIBUTIONS
The Website may contain content or materials provided by users of the Website (collectively, “Content”). All Content must comply with the Content Standards set out in these Terms of Service.
By submitting Content to us, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website to any other Users. You waive any and all of your rights to any Content you submit, post or display on or through the Service.
You represent and warrant that (1) the Content is yours (you own it) or you have the right to use it and grant the license us the rights and license as provided in these Terms; (2) the submission of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (3) all of your Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not SMA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Website.
You agree that if the Content you share include(s) personal data that such data will be subject to our Privacy Policy www.bettermedicalalert.com privacy-policy.
12. USER CONTRIBUTION CONTENT STANDARDS
Any Content you submit must comply with all applicable laws and regulations and must not:
CONTAIN ANY MATERIAL WHICH IS DEFAMATORY, VIOLENT, HATEFUL, OR PROMOTE SEXUALLY EXPLICIT OR PORNOGRAPHIC MATERIAL, VIOLENCE, OR DISCRIMINATION;
INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY OTHER PERSON;
IMPERSONATE ANY PERSON, OR MISREPRESENT YOUR IDENTITY OR AFFILIATION WITH ANY PERSON OR ORGANIZATION OR OTHERWISE BE LIKELY TO DECEIVE ANY PERSON;
PROMOTE ANY ILLEGAL ACTIVITY, OR ADVOCATE, PROMOTE OR ASSIST ANY UNLAWFUL ACT; OR
GIVE THE IMPRESSION THAT THEY EMANATE FROM OR ARE ENDORSED BY US OR ANY OTHER PERSON OR ENTITY, IF THIS IS NOT THE CASE.
13. MONITORING AND ENFORCEMENT
We have the right to (but not the obligation to):
Remove or refuse to post any Content for any or no reason in our sole discretion;
Notwithstanding anything else to the contrary on the Website, disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services; and/or
Terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SMA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
14. COPYRIGHT INFRINGEMENT
If you believe that any User Contributions violate your copyright, please contact us at privacy@bettermedicalalert.com.
15. PURCHASES
Certain products may be available for purchase through the Website or Services. These products may have limited quantities and are subject to return or exchange only according to our return as described in Section 16 below. We reserve the right but are not obligated to limit the sales of our products to any person, geographic region or jurisdiction.
We have made commercially reasonable efforts to display the products as accurately as possible in the colors and images that appear on our Website or Services. We cannot guarantee that your viewing device’s display of any color or image will be accurate.
All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. In addition, certain weights, measures, and similar descriptions are approximate and for informational purposes only. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such product descriptions, specifications, prices or images. If a product offered by us is not as described, your sole remedy is to return the product in unused condition pursuant to our return policy.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website or Services is void where prohibited.
16. RETURN POLICY
You can cancel your Better Medical Alert system monitoring subscription at any time. Once we are in receipt of your equipment, we will complete your cancellation. To cancel your subscription, email our Marketing Parners at CustomerResolutions@medicalalert.com or call 800-800-6059 to cancel your service through one of our customer account representatives.
We also offer a risk-free thirty (30) day money back guarantee on all of our plans so you can be certain that Medical Alert is right for you. If you’re not completely satisfied, you can return your system within thirty (30) days from the equipment delivery date and receive a full refund less shipping costs. All equipment must be returned within thirty (30) days of your equipment delivery date to receive the full refund. Equipment received after thirty (30) days will result in a prorated refund.
All equipment must be shipped to 816 Park Way, Broomall, PA 19008, as described in this Section 16, to finalize any subscription cancellation or thirty (30) day money-back guarantee request.
17. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may in our sole discretion, and without notice, limit or cancel quantities purchased per person, per household or per order for any reason. The forgoing restrictions may include, but are not limited to, orders placed by under the same customer account, the same credit card, and/orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order that you place, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your order was made. We reserve the right to limit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website or through our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your order and contact you as needed. By completing the checkout process and submitting your purchase, you agree to accept and pay for the ordered products, as well as any applicable shipping and handling and taxes.
We use a third-party service provider to process order payments on behalf, which may have its own privacy policies with respect to the information that we are required to provide our provider for your purchase-related transactions. We recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. Certain providers may be located in or have facilities that are located in a different jurisdiction than you or us and if you elect to proceed with a transaction that involves services of a third-party service provider, then your information may be subject to the laws of the jurisdiction(s) where the third-party service provider or its facilities are located.
18. RELIANCE ON INFORMATION
The information, materials and Content presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information, materials or Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, materials or Content by you or any other visitor to the Website, or by anyone who may be informed of any of their contents, or your or any other individual’s use of the Services.
To the extent the Website or Services may contain information, materials or Content provided by a third party, all statements and/or opinions expressed in this information, materials or Content, and all articles and responses to questions and other content, other than the content provided by SMA, are solely the opinions and the responsibility of the third party providing those materials. These materials do not necessarily reflect the opinion of SMA. We are not responsible, or liable to you or any third party, for the Content or accuracy of any information or materials provided by any third parties.
In no event will SMA be liable for any decision made or action taken in reliance upon the information provided through the Website or Services.
19. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE AND/OR USE OF THE SERVICES
The Website or Services is governed by and operated in accordance with United States law. If you are located outside of the United States, you use this Service at your own risk. Your information will be transferred to and processed in the United States. By using the Website or Services, you: (A) acknowledge that the data protection laws of other countries, including the United States, may provide a less comprehensive or protective standard of protection than those in your country, and (B) consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and applicable privacy laws.
20. OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Website or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service. In the event of a conflict between these Terms of Service and any other terms incorporated by reference, these Terms of Service shall prevail.
21. OTHER THIRD-PARTY SERVICES
Your use of the Website or Services may involve services and functionality made available to you by third parties, such as your Connectivity and map and data services. The use of such services or functionalities may be subject to additional terms and conditions and/or privacy policies provided by such third parties, and we have no control over such terms and conditions. By using the Website or Services, you acknowledge that your use of such third-party services is subject to the terms and conditions and/or privacy policies for such third parties, over which we have no control.
22. ELECTRONIC COMMUNICATIONS
When you send emails or other electronic messages to us or in connection with the Website or Services, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically, including via SMS text message. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website or Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE(S), DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING DEATH OR INJURY, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL OR YOUR INABILITY TO USE THE WEBSITE OR SERVICES IF YOUR CONNECTIVITY CANNOT OR DOES NOT PROVIDE AN ADEQUATE SIGNAL OR SERVICE OR IS NOT ACTIVE OR ACTIVATED OR YOUR MEDICAL ALERT DEVICE(S) IS OR ARE NOT ACTIVE OR ACTIVATED. FURTHERMORE, WE ARE NOT LIABLE FOR THE ACCURACY OF THE LOCATION SERVICES PROVIDED BY OUR THIRD-PARTY SERVICE PROVIDER OR THE ACCURACY OF YOUR LOCATION INFORMATION RELAYED TO EMERGENCY MEDICAL PERSONNEL IN RELIANCE ON THE LOCATION SERVICES PROVIDED BY OUR THIRD-PARTY SERVICE PROVIDER.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMA NOR ANY PERSON ASSOCIATED WITH SMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SMA NOR ANYONE ASSOCIATED WITH SMA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. INDEMNIFICATION
You agree to defend, indemnify and hold harmless SMA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website and Services, including, but not limited to any use of the Website’s or Service’s content, and other services and products, other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website or Services.
25. LIMITATION OF LIABILITY
IN NO EVENT WILL SMA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
26. GOVERNING LAW AND JURISDICTION
All matters relating to the Website or Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
27. ARBITRATION
At SMA’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
28. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
29. WAIVER AND SEVERABILITY
No waiver by SMA of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SMA to assert a right or provision under these Terms or Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Srrvice is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Terms of Service will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms of Service and the remaining provisions of these Terms of Service will continue in full force and effect.
30. ENTIRE AGREEMENT
These Terms of Service, the Privacy Policy, and any additional terms incorporated by reference constitute the sole and entire agreement between you and SMAwith respect to the Website or Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website or Services.
31. YOUR COMMENTS AND CONCERNS
better Medical Alert
5533 Marquesas Circle
Sarasota, FL 34233
Customer Service: (877) 869-5534
All notices regarding copyright should be sent to the address above in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to privacy@bettermedicalalert.com.
