Medical Alert Connect Terms of Use

Connect America.com, LLC

Last Modified: July 26, 2019

These terms of use are entered into by and between you (“End User,” “you,” or “your”) and Connect America.com, LLC (“Connect America,” “we,” “our,” or “us”), and state the material terms and conditions that govern your access to and use of Medical Alert Connect (the “Platform”), including any content, functionality and services offered on or through the Platform. The following terms and conditions, together with all updates, supplements, additional terms, and all Connect America’s rules and policies regarding use of our Platform, including Connect America’s Privacy Policy, available at (“Privacy Policy”), each of which are incorporated by reference, collectively constitute the entire “Terms of Use” between you and Connect America.
Please read these Terms of Use carefully before you start to use the Platform. BY USING THE PLATFORM YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE. IN ACCEPTING THESE TERMS OF USE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) CONSENT TO THESE TERMS OF USE; AND (C) AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
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 PLATFORM, THESE TERMS OF USE OR THE PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
MORE INFORMATION ABOUT THE ARBITRATION SECTION 24 (ARBITRATION) BELOW.
  1. The Platform Does Not Provide Medical Advice
    • THE CONTENTS OF THE PLATFORM (SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED BY US FROM THIRD-PARTY LICENSORS AND OTHER MATERIAL CONTAINED ON THE PLATFORM, INCLUDING INFORMATION RELATED TO MEDICAL AND/OR HEALTH CONDITIONS) ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY.
    • THE PLATFORM DOES NOT PROVIDE MEDICAL DIAGNOSES OR RECOMMENDATIONS REGARDING MEDICAL TREATMENT.
    • THE PLATFORM AND THE CONTENT APPEARING ON THE PLATFORM 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 PLATFORM NOR YOUR USE OF THE PLATFORM 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 PLATFORM.
  2. Platform Limitations
    The Platform is only available in the continental United States, Alaska, Hawaii, and Canada. The Platform relies on wireless communication networks and geographical location services provided by Google Maps. NOT ALL FUNCTIONALITY OF THE PLATFORM, INCLUDING THE ABILITY TO SEND A MEDICAL ALERT OR REQUEST EMERGENCY ASSISTANCE, IS AVAILABLE AT ALL TIMES, PARTICULARLY WHEN YOUR WIRELESS SERVICE PROVIDER (“WSP”) CANNOT OR DOES NOT PROVIDE AN ADEQUATE SIGNAL OR YOUR MEDICAL ALERT SYSTEM(S)/DEVICE(S) IS NOT ACTIVE OR ACTIVATED.
    You acknowledge and agree that the Platform (1) is a secondary support resource designed to enhance your use of your Medical Alert device(s) and (2) does not substitute for your primary Medical Alert device(s). It is your responsibility to ensure that your primary Medical Alert device(s) are active, up-to-date and operated properly at all times, including keeping any wearable device(s) on your person.
    You acknowledge and agree that your primary in-home and/or wearable Medical Alert device(s) shall serve as your primary means by which to send a medical alert or request emergency assistance. You further acknowledge and agree that failure to use your primary Medical Alert device(s) to send a medical alert or request emergency assistance may result in our inability to:
    • Receive your medical alert or 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 Platform is available only if your WSP has technical compatibility with the Platform, coverage, network capacity, and reception when and where the Platform is needed or used. We are not responsible for the quality, consistency or availability of your WSP.
    You assume any and all risk associated with your reliance on the Platform as your primary means by which to send a medical alert or request emergency assistance. Furthermore, we are not responsible for our inability to receive or respond to your medical alert or request for emergency assistance due to (1) your reliance on the Platform, (2) failure to use your primary Medical Alert device(s), or (3) failure of your cellular service.
    YOU HEREBY WAIVE, RELEASE AND DISCHARGE CONNECT AMERICA OF ANY LIABILITY ASSOCIATED WITH YOUR USE OF THE PLATFORM 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 PLATFORM TO SEND A MEDICAL ALERT OR REQUEST FOR EMERGENCY ASSISTANCE.
    In no event will Connect America be responsible for any losses or damages, including death or injury, arising from or relating to your use of the Platform, whether direct, indirect, incidental or consequential. Additionally, you will not initiate any claim, lawsuit, court action or other legal proceeding or demand against Connect America, 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 Platform, 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 Platform, which is dependent on the ability of your mobile device and your WSP 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 Platform 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.
  3. Application of Terms of Use
    These Terms of Use apply only to information we collect via the Platform and in email, text or other electronic communications sent through or in connection with the Platform. These Terms of Use DO NOT apply to information that:
    • We collect offline or through any other websites or portals not controlled by Connect America (unless such offline collection was initiated through your use of the Platform);
    • You provide to, or that is collected by, any third party; or that
    • Originates from any other sources.

    Such third parties may have their own terms of use and privacy policies, which we encourage you to read before interacting with them or providing information to or through them.
    These Terms of Use also do not apply to your primary medical alert device(s), including primary medical alert devices provided by Connect America. Any primary medical alert device(s) you purchase from Connect America shall be subject to separate terms of use, which we encourage you to read before connecting and using your primary medical alert device(s).
  4. Eligibility
    The Platform 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 Platform in conjunction with your parents or legal guardian or with the consent of your parents or legal guardian. By using the Platform 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 Connect America. If you do not meet all of these requirements, you must not access or use any of the Platform.
  5. Changes to Terms of Use
    We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms of Use 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 Platform thereafter. Your continued use of the Platform thereafter constitutes your acceptance of such changes.
  6. Accessing the Platform and Account Security
    We reserve the right to withdraw or amend the Platform, as well as any product, service or material we provide on or via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform or any product, service or materials provided on or via the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
    When you place an order via the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features or creation of a user account on the Platform, is governed by the Privacy Policy, available at , 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 Use.
  7. Data Protection and Privacy
    You agree that all information you provide through the Platform is governed by the Privacy Policy, available at , and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
    We are not responsible for the acts of third parties who may access the Platform and information through your mobile device. You should use all security features of your mobile device, including any password, locking, or encryption features, to protect against unauthorized access and use of the Platform and your information.
  8. Intellectual Property Rights
    The Platform and its entire 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 Connect America, 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 Connect America may be mentioned or displayed on the Platform for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Platform 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 Platform solely with your mobile, throughout the United States, subject to your compliance with these Terms of Use. The Platform is licensed, not sold, to you, solely for your personal use. 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 Platform.
    These Terms of Use 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.
  9. Prohibited Uses
    You may use the Platform only for lawful purposes and in accordance with these Terms of Use and the Privacy Policy. You agree not to use the Platform 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 Connect America, a Connect America 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 Platform, or which, as determined by us, may harm Connect America or users of the Platform or expose them to liability.
      Additionally, you agree not to do any of the following:
      • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including its ability to engage in real time activities through the Platform.
      • Use any robot, spider, “scraper,” “crawler,” or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
      • Use any manual process to monitor or copy any of the material on the Platform 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 Platform.
      • 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 Platform, the server on which the Platform are stored, or any server, computer, or database connected to the Platform.
      • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Platform.
      • Modify copies of any materials from the Platform.
      • Use any illustrations, photographs, video or audio sequences or any graphics from the Platform or any text.
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

      No right, title, or interest in or to the Platform or any content on the Platform are transferred to you, and Connect America reserves all rights not expressly granted in these Terms of Use. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
  10. User Contributions
    The Platform may contain content or materials provided by users of the Platform (collectively, “Content”). All Content must comply with the Content Standards set out in these Terms of Use.
    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 Platform 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 Connect America, 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 Platform.
    You agree that if the Content you share include(s) personal data that such data will be subject to our Privacy Policy .
  11. 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.
  12. 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 Platform, 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 Platform; and/or
    • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

    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 Platform. YOU WAIVE AND HOLD HARMLESS CONNECT AMERICA 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.
  13. Copyright Infringement
    If you believe that any User Contributions violate your copyright, please contact us at privacy@medicalalert.com.
  14. Reliance on Information
    The information, materials and Content presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, materials and Content. Any reliance you place on such information, materials and Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, materials and Content by you or any other visitor to the Platform, or by anyone who may be informed of any of their contents.
    To the extent the Platform may contain information, materials and content provided by a third party, all statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Connect America, are solely the opinions and the responsibility of the third party providing those materials. These materials do not necessarily reflect the opinion of Connect America. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
    In no event will Connect America be liable for any decision made or action taken in reliance upon the information provided through the Platform.
  15. Information About You and Your Visits or Use of to the Platform
    The Platform 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 where many of our central databases operate. By using the Platform, 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.
  16. Other Terms and Conditions
    Additional terms and conditions may also apply to specific portions, services or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. In the event of a conflict between these Terms of Use and any other terms incorporated by reference, these Terms of Use shall prevail.
  17. Other Third-Party Services
    Your use of the Platform may involve services made available to you by third parties, such as your WSP 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 Platform, 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.
    Any map or data services are provided by Google LLC and are governed by terms posted at https://cloud.google.com/maps-platform/terms. Use of services made available by third parties may involve you sharing your location, search query, and other data. You can disable sharing of your location in your mobile device settings; however, disabling or rejecting location access will cause the Platform to no longer function properly, including the ability for us to communicate your medical alert to emergency personnel. We cannot guarantee the performance, reliability or accuracy of any third party services, and we are not responsible for any losses or damages, including death or injury, they may cause.
    These Terms of Use and our Privacy Policy apply only to the Platform and not to any third-party website, platform or service. 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.
  18. Electronic Communications
    When you send emails or other electronic messages to us or in connection with the Platform, 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.
  19. Third-Party Outlets
    When you access and use the Platform from your Device(s), you agree that:
    (1) The Platform is made available to you via third parties, including Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store (collectively, the “Third-Party Outlets”).
    (2) These Terms of Use are between you and Connect America only. Third-Party Outlets have no obligations to you or responsibility for the Platform, including without limitation, any obligation to furnish any maintenance and support services for the Platform. We are responsible for addressing any claims of any user or any third party relating to the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  20. Disclaimer of Warranties
    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform 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 Platform 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, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM 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 PLATFORM, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL OR YOUR INABILITY TO USE THE PLATFORM IF YOUR WSP CANNOT OR DOES NOT PROVIDE AN ADEQUATE SIGNAL OR IT NOT ACTIVE OR ACTIVATED. FURTHERMORE, WE ARE NOT LIABLE FOR THE ACCURACY OF THE LOCATION SERVICES PROVIDED BY OUR THIRDPARTY 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 PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CONNECT AMERICA NOR ANY PERSON ASSOCIATED WITH CONNECT AMERICA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CONNECT AMERICA NOR ANYONE ASSOCIATED WITH CONNECT AMERICA REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    CONNECT AMERICA 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.
  21. Indemnification
    You agree to defend, indemnify and hold harmless Connect America, 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 Use or your use of the Platform, including, but not limited to any use of the Platform’s content, and other services and products, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
  22. Limitation of Liability
    IN NO EVENT WILL CONNECT AMERICA, 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 PLATFORM, ANY PLATFORM LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORM, 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.
  23. Governing Law and Jurisdiction
    All matters relating to the Platform and these Terms of Use 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 Use or the Platform 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 Use 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.
  24. Arbitration
    At Connect America’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, 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.
  25. Limitation on Time to File Claims
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  26. Waiver and Severability
    No waiver by Connect America of any term or condition set forth in these Terms of Use 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 Connect America to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    If any provision of these Terms of Use 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 Use 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 Use and the remaining provisions of these Terms of Use will continue in full force and effect.
  27. Entire Agreement
    These Terms of Use, the Privacy Policy, and any additional terms incorporated into these Terms of Use by reference constitute the sole and entire agreement between you and Connect America with respect to the Platform, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.
  28. Your Comments and Concerns
    The Platform is operated by:
    Connect America.com, LLC
    1 Belmont Avenue, 12th Floor
    Bala Cynwyd, Pennsylvania 19004
    (800) 420-1299
    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 Platform should be directed to privacy@medicalalert.com.

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