Welcome to the www.eMedicCard.com website made available to you by Emergency Alert, LLC (“Emergency Alert”). By using this web site and/or any web pages hereof (the "Site"), you agree to all of the terms, conditions, and notices contained or referenced herein (the "Terms of Use") and in our privacy statement located at http://www.emediccard.com/index.php?p=page&page_id=privacy (the "Privacy Statement"), as they may be updated or revised from time to time. We encourage you to carefully read the Terms of Use and our Privacy Statement before using the Site. We reserve the right, at our discretion, to update or revise these Terms of Use and our Privacy Statement. As such, you should also carefully review these Terms of Use and Privacy Statement every time you access this Site. Your continued use of this Site following the posting of any such updates or revisions constitutes acceptance of those updates and revisions. If at any time you do not agree and accept these Terms of Use or our Privacy Policy or any updates or revisions thereto, you are not eligible to use the Site in any manner and must exit and discontinue using the Site.

Proprietary Rights

You acknowledge and agree that the Site, the services made available through the Site (the "Services") and all contents, materials, information, text, images, trademarks, service marks and logos available on the Site (collectively the "Content"), and all intellectual property rights therein, are owned exclusively by Emergency Alert or its licensors, with all rights reserved unless otherwise noted. Except as expressly authorized by these Terms of Use, you agree to use the Services only for the purposes for which they are designed and further agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, transfer, sell or license any Content. Notwithstanding the above, you may print or download on any single computer one copy of the Content on the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Emergency Alert is strictly prohibited. Any use of the Services or Content other than as expressly authorized in these Terms of Use without the written permission of Emergency Alert is strictly prohibited. You agree that any and all uses of the Site and Services by you will at all times comply with applicable laws, rules and regulations.

Registration

The Site is intended for use only individuals and their family members who have completed the registration and order process contained on the Site ("Members"), to enable such Members to compile, store and permit access to their personal medical profile information ("Profile Information") voluntarily provided by such Members. To become a Member, you must accurately and truthfully complete the order registration form on the Site, purchase an annual subscription for the Services and affirmatively accept these Terms of Use by checking the box located at the bottom of the order form. You agree to provide accurate, complete, current and true registration information about yourself and your family members (as applicable), and promptly update such registration information if any of it subsequently changes. If the registration information is not, or Emergency Alert has reason at any time to believe that it is not, accurate, complete, current or true in all respects, Emergency Alert may, at its sole discretion, refuse to register you as a Member or immediately suspend or terminate your subscription and your access to the Services. If you subscribe to a family membership subscription, you agree to pay the additional applicable charges and represent and warrant that you have all legal and necessary right and authority to possess, submit and authorize the dissemination of Profile Information on behalf of such family member. You shall be directly liable and responsible for all Profile Information relating to a family member you include in the Services.

Billing & Fees

Emergency Alert requires all payments be made through a valid and active credit card. You are responsible for maintaining a valid and active credit card number, along with the name of the card holder, the billing address of the card holder, the expiration date of the crdit card, and the verification number of the credit card if applicable on file with Emergency Alert as part of your personal profle. In the event that a valid and active credit card number is not maintained with Emergency Alert, we may immediately terminate your use of the Site and all Services provided by Emergency Alert. Your credit card will be charged at the completion of your initial registration and annually every year thereafter on or about the anniversary of your initial registration, unless you notify Emergency Alert in writing or by following our email cancellation process that you wish to terminate all access and Services no later than forty-five (45) days prior to such anniversary. Failure to provide such notice shall mean your credit card will be automatically charged for a successive annual period. Your credit card will be charged a fee determined by the number of active family members you have registered through the web site. Such fee will be as listed on the Site on your anniversary date. Emergency Alert reserves the right to modify all fees with or without notification.

If you choose to cancel your membership or fail to maintain a valid credit card number with Emergencty Alert, Emergency Alert may immediately terminate your use of the Site and all Services provided by Emergency Alert.  Emergenct Alert shall have the right to delete any and all information regarding your membership, including your Profile Information, immediately upon termination.  Emergency Alert is under no obligation to keep your account information and/or Profile Information subsequent to termination.  You release Emergency Alert from any and all obligation and/or liability due to the accessibility and use,or lack there of, of the Site and Services provided by Emergency Alert subsequent to termination.

Member Login Information

As a Member, you will be assigned one member number and password (the “Login Information”). Your Login Information enables access to the Site and the Profile Information you have compiled on the Site. You are solely responsible for maintaining the confidentiality of your Login Information, and you agree to accept responsibility for all activities that occur with respect to your Login Information, whether by you, your family members or anyone who may obtain access to your Login Information. You further acknowledge and agree that Emergency Alert shall not be liable for any loss or damage arising from your use, misuse or disclosure of your Login Information.

Information You Submit

Other than Profile Information submitted by you on the Site, any other comments, suggestions, ideas, submissions, communications or materials you transmit to the Site or Emergency Alert by electronic mail or otherwise, including, but not limited to, any questions or answers, comments or suggestions will be treated as non-confidential and non-proprietary by Emergency Alert. By posting communications to the Site, you automatically grant Emergency Alert a perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such communications alone, or as a part of other works in any form, media or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit or post (with the exception of Profile Information) may be used by Emergency Alert or licensed to others by Emergency Alert for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information. By providing any comment, suggestion, idea or other submission to Emergency Alert, you represent and warrant that you own or otherwise control all of the rights thereto including, without limitation, all the rights necessary for Emergency Alert to exercise its rights with respect thereto as stated above. This Site may not be used to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane, or infringing material or any material that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

Links to Other Sites

The Site may contain links to other sites so that you may learn more about other matters that Emergency Alert feels may be of interest to you. Emergency Alert is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Emergency Alert of the site or any association with its operators. Emergency Alert does not have control over, and is in no manner responsible or liable for, the availability or content of the sites to which the Site is linked. Your linking to any other sites is at your own risk and is subject to the terms and conditions of use of such sites. Any concerns regarding any product or service offered by a site to which the Site is linked or the link itself should be directed to the operator of that specific Site and not to Emergency Alert.

Links to the Site

By establishing a link to the Site or any page thereof, you agree to comply with the following terms and conditions. Emergency Alert grants you a limited, revocable, non-exclusive right to establish a hypertext link to this Site (a "Link"), provided that: (1) you notify Emergency Alert in writing at least fifteen (15) days prior to establishment of the Link, (2) the Link must be a text-only link clearly marked "Emergency Alert™" or “eMedic Card™”, (3) the Link must "point" to the URL http://www.emediccard.com and not to other pages within the Site, (4) the appearance, position and other aspects of the Link may not be such as to damage or dilute the goodwill associated with Emergency Alert or its name, trademarks or service marks, (5) your site shall not display content, or link to other web sites that contain content, that is illegal, obscene, indecent, offensive, disparaging or sexually explicit, or promotes violence discrimination based on race, sex, religion, natural origin, physical disability, sexual orientation or age, (6) the appearance, position and other aspects of the Link may not create the false appearance that an entity other than Emergency Alert is associated with or sponsored by Emergency Alert, (7) the Link, when activated by a user, must display this Site full-screen and not within a ''frame" on the linking website, (8) you have duly registered your domain name and possess all rights necessary to use the same, (9) you do not, or permit others to, in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the Site, and (10) Emergency Alert reserves the right to revoke its consent to the Link at any time in its sole discretion and you agree to immediately cease using the Link at any time that Emergency Alert so requests. You agree that all other hypertext links to this Site must be approved in writing by Emergency Alert.

Disclaimer

Emergency Alert does not warrant that the functional aspects of the Site or any Services will be error-free or that the Site or servers on which the Profile Information are be stored are free of viruses or other harmful components. Emergency Alert is not responsible for any damages or losses relating to your use of the Site or Services, including without limitation, costs relating to servicing or replacing property, material, equipment or data. You acknowledge that in connection with the Site and as part of the Services, information will be transmitted over local exchange, inter-exchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of Emergency Alert and its suppliers. Accordingly, Emergency Alert assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site or Services.

THE SITE, SERVICES AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AVAILABILITY OR NONINFRINGEMENT. EMERGENCY ALERT AND ITS SUPPLIERS OR AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE, SERVICES OR PROFILE INFORMATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE, SERVICES AND THE INTERNET GENERALLY. UNDER NO CIRCUMSTANCES SHALL EMERGENCY ALERT, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, PERSONAL INJURY, DEATH OR DAMAGES) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT, THE PROFILE INFORMATION OR ANY OTHER EMERGENCY ALERT SERVICE, INCLUDING WITHOUT LIMITATION, THE INACCURACY, STORAGE, MAINTENANCE, RETRIEVAL OR DISSEMINATION OF ANY PROFILE INFORMATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EMERGENCY ALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EMERGENCY ALERT SHALL BE LIABLE TO YOU ONLY FOR ACTUAL, DIRECT DAMAGES INCURRED BY YOU AND AWARDED BY A COURT OF COMPETENT JURISDICTION FOR EMERGENCY ALERT'S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BUT NOT TO EXCEED THE AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID TO EMERGENCY ALERT FOR THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EMERGENCY ALERT’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS SPECIFIED HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Personal Medical Profile

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND DISSEMINATION OF YOUR PERSONAL MEDICAL PROFILE. EMERGENCY ALERT DOES NOT IN ANY WAY EDIT, REVIEW OR AUTHORIZE THE RELEASE OF YOUR PERSONAL MEDICAL PROFILE, EXCEPT AS PROVIDED IN THESE TERMS OF USE OR THE EMERGENCY ALERT PRIVACY STATEMENT. EMERGENCY ALERT IS NOT LIABLE FOR ANY INACCURACY, OMISSION OR ERROR IN YOUR PERSONAL MEDICAL PROFILE.

Indemnification

You agree to indemnify and hold harmless Emergency Alert, its officers, directors, employees, contractors and agents, licensors, affiliates and suppliers from and against all liabilities, claims, and expenses, including, but not limited to, attorney and accounting fees, that arise from your use or misuse of the Site, any Profile Information you submit, any use, misuse or disclosure of your Member login information and password, and any acts or omissions by you or your family members, including, without limitation, violations of these Terms of Use or any claim that you have violated a user's privacy rights by collecting or using information about users of the Site.

Trademark and Copyright Notice

"Emergency Alert™" and "eMedic Card™" are trademarks, logos or service marks of Emergency Alert, LLC. Other names of products and/or services referenced herein or displayed on the Site are trademarks, or registered trademarks, logos, company names or service marks, of their respective owners, including Emergency Alert, LLC. Nothing contained on the web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without the written permission of Emergency Alert or such third party who owns the trademark. Your misuse of any trademark displayed on the web site, or any other content on the web site, except as provided herein, is strictly prohibited. All contents of the Site are Copyright © 2006 Emergency Alert, LLC and/or its suppliers. All rights reserved. All rights not expressly granted herein are reserved by Emergency Alert and/or its suppliers.

International Use

Emergency Alert makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, including without limitation, laws regarding the transmission of technical data exported from the United States.

Termination

Emergency Alert reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice. You agree that Emergency Alert may modify or discontinue the Site, with or without notice to you. You agree that Emergency Alert will not be liable to you or any third party as a result of such modification or discontinuation.

Notices

Emergency Alert may deliver notice to you under these Terms of Use by means of electronic mail, a general notice of on the Site, or by written communication delivered by mail to your address on record in your account information as provided by you through the Site. You may give notice to Emergency Alert at any time via electronic mail to customerservice@eMedicCard.com or by letter delivered by first class postage prepaid U.S. mail to the following address: Emergency Alert, LLC, P.O. Box 112, Fort Mill, SC 29716.

General

These Terms of Use will be construed in accordance with the laws of the State of North Carolina without regard to any conflict of laws principles. Any dispute arising with Emergency Alert or by virtue of your use of the Site, Services or any Content will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in Mecklenburg County, North Carolina. Any cause of action you may have with respect to Emergency Alert must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emergency Alert as a result of these Terms of Use or your use of the Site or Services. Emergency Alert's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Emergency Alert's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Services or information provided to or gathered by Emergency Alert with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Emergency Alert with respect to the Site and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Emergency Alert with respect to the Site. In the event that any of these Terms and Conditions of Use conflict with the any other terms or statements contained within the Site, then these Terms of Use shall control. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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Copyright © 2006 Emergency Alert, LLC. All rights reserved.