As used in these Terms, 1-800-MED-ALERT and its subsidiaries and affiliates.
Information Submitted to 1-800-MED-ALERT
Other than as provided in the 1-800-MED-ALERT Online Privacy Statement below, all information sent, transmitted or provided to 1-800-MED-ALERT through this Site will be treated as non-confidential. You grant to 1-800-MED-ALERT an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the information you send for any purpose whatsoever. You agree that 1-800-MED-ALERT is entitled to use for any purpose whatsoever any ideas, concepts, know-how or techniques that you send, without any obligation of compensation to you or any other person. Any personally identifiable information that you submit will be treated in accordance with the 1-800-MED-ALERT Online Privacy Statement that accompanies this Site or as more specifically described in another 1-800-MED-ALERT web site you may access.
You are prohibited from posting on this Site or transmitting to or from this Site any material that is false or inaccurate, solicitous, advertising, unlawful, threatening, libelous, defamatory, inflammatory, obscene, profane, pornographic, invasive of a person’s privacy or could give rise to any civil or criminal liability under the law. You are prohibited from posting or transmitting to this Site any copyrighted material or material that is confidential to a third party.
1-800-MED-ALERT has the right but not the obligation to monitor and review transmissions, bulletin boards, postings and chat rooms on this Site. 1-800-MED-ALERT assumes no liability with respect to such activities or the content of any such locations.
Third Party Web Sites
References on this Site to any names, marks, products or services of any third parties or links to third party sites are provided solely as a convenience to you and do not constitute or imply an endorsement or sponsorship by 1-800-MED-ALERT or an affiliation with the third party. You agree that 1-800-MED-ALERT will not be responsible for any damage or loss incurred in connection with third party web sites or any products or services available from any third party.
Use of Site Content
All information, text, software, audio, video, photographs, images and other data including program code, metadata, and other digital processes contained on this Site (“Site Content”) are the property of 1-800-MED-ALERT or licensed to 1-800-MED-ALERT. Site Content is protected by copyright, trademark and other proprietary rights laws. 1-800-MED-ALERT will initiate aggressive action to protect its intellectual property rights. You are authorized to access this Site solely for informational, non-commercial purposes to view and browse Site Content. Use of Site Content for any purpose except as provided in these Terms or as stated in the text on the Site is prohibited.
Disclaimer of Warranties
1-800-MED-ALERT is not responsible for any errors or omissions contained on this Site. All 1-800-MED-ALERT and third party information is provided “AS IS”. 1-800-MED-ALERT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL 1-800-MED-ALERT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES FOR LOST PROFITS, LOST REVENUE OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING DAMAGES CAUSED BY OR RELATED TO INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUS, EVEN IF 1-800-MED-ALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Statements on this Site that do not directly relate to historical facts may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 and the provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended (which Sections were adopted as part of Private Securities Litigation Reform Act of 1995). Such forward-looking statements are based upon management’s current knowledge and assumptions about future events and involve risks and uncertainties that could cause actual results, performance or achievements to be materially different from anticipated results, prospects, performance or achievements expressed or implied by such forward-looking statements. Such risks and uncertainties include, but are not necessarily limited to, those discussed in 1-800-MED-ALERT’s most recent filings with the Securities and Exchange Commission. 1-800-MED-ALERT disclaims any intention to, and undertakes no obligation to, revise any forward-looking statement, whether as a result of new information, future event, or otherwise.
The trademarks, service marks, logos and slogans appearing on this Site (“Marks”) are the registered or common law marks of 1-800-MED-ALERT, its affiliates, or designated third parties. No right or license is granted, by implication, or otherwise, to use the Marks or any other intellectual property rights of 1-800-MED-ALERT or any third party.
1-800-MED-ALERT reserves the right in its sole discretion to terminate your access to or use of this Site for any reason without prior notice to you, including a failure by you to comply with these Terms. 1-800-MED-ALERT may choose to take legal action against you for your failure to comply with these Terms.
1-800-MED-ALERT may revise or withdraw all or any portion of Site Content and discontinue any products or services at any time without notice. By accessing this Site you agree to be bound by any revisions made by 1-800-MED-ALERT and you agree that you will visit these Terms regularly to view the then-current Terms.
This Site is controlled, operated and administered by 1-800-MED-ALERT from its offices within the United States of America. 1-800-MED-ALERT makes no representation that information available on or through this Site is appropriate, available or lawful for use at other locations outside of the U.S. Access to some information through this Site from countries and areas outside of the U.S. may be prohibited by country or local law. You are responsible for complying with country and local law in using and accessing the Site and the information provided. You may not use or access this Site or export the information available through this Site in violation of U.S. export laws and regulations.
You agree that the laws and statutes of the United States and the State of New York, USA, without regard to conflict of laws principles, will apply to all matters relating to this Site and that all litigation in connection with this Site shall be subject to the exclusive jurisdiction of and complaints shall only be filed in, the state or federal courts in New York, USA.