- 2. Intellectual Property.
- 2.1 Copyright. The text, data, sound, content, organization, graphics, design, compilation, software, programming, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
- 2.2 Copyrights of Others. Medical Alert World respects the intellectual property of others, and Medical Alert World asks you to do the same. If you believe a work has been copied in a way that constitutes copyright infringement, please provide Medical Alert World, Inc the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. a description of the copyrighted work that you believe has been infringed; c. a description of where the material that you believe is infringing is located on the Site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- 2.3 Service and Trademarks. “MedicalAlertWorld.com” and others are service marks or trademarks of Medical Alert World, whether registered or not. Other product and company names mentioned in the Site may be service or trademarks of their respective owners.
- 3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, and non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, and non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
- 5. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by Medical Alert World.
- 6. Advertisers. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. Medical Alert World is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
- 7. Registration. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide Medical Alert World with accurate and complete registration information. Medical Alert World will not permit (a) any other person to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
- 8. Errors, Corrections and Changes. There is no representation or warranty that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. There is no representation or warranty that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. Medical Alert World may make changes to the features, functionality or content of the Site at any time without prior notice to users. Medical Alert World reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, may restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice to you and without any liability to Medical Alert World.
- 9. Third Party Content. Third party content may appear on the Site or may be accessible via links from the Site. Medical Alert World is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, opinions, representations or any other form of content on the Site. You understand that information and opinions in any third party content represent solely the thoughts of the third party and is not endorsed by nor does it necessarily reflect the belief of Medical Alert World.
- 10. Unlawful Activity. Medical Alert World reserves the right to investigate complaints or reported violations of this Agreement and to take any appropriate action, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
- 12. Nontransferable. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
- 13. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Medical Alert World THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
- 14. Limitation of Liability. Medical Alert World and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Medical Alert World, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPER-LINKED WEBSITE.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Medical Alert World PARTIES’ COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $100.
You agree that all of the foregoing limitations of liability are comprehensive and apply to all damages, losses, expenses, claims and causes of action of any kind, whether arising from breach of contract, tort (including negligence), strict liability or otherwise, and even if any of the Medical Alert World Parties have been advised of or could reasonably foresee the possibility of such damages, losses, expenses and claims occurring.
- 16. Third-Party Services. Medical Alert World may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Medical Alert World is not a party to the transactions entered into between you and any Merchant. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY Medical Alert World, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS Medical Alert World LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANT OR FOR ANY INFORMATION APPEARING ON A MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
- 16.1 Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. Medical Alert World and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- 18. Contest/Game Rules. Medical Alert World may offer you the opportunity to enter into contests, games and prize drawings but any such games and contests will be subject to additional terms and conditions and/or rules. By entering into such contests and playing such games, you agree to be bound by the applicable additional terms, conditions and rules.
- 19. Payments. You represent and warrant that if you are purchasing something from Medical Alert World or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- 20. Securities Laws. The Site may include statements concerning Medical Alert World operations, prospects, strategies, financial condition, future economic performance and demand for Medical Alert World products or services, as well as Medical Alert World intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond Medical Alert World control. When used on the Medical Alert World Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- 21. Links to other Web Sites. The Site may contain links to other Web sites. Medical Alert World is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Medical Alert World. Inclusion of any linked Web site on this Site does not imply approval or endorsement of the linked Web site by Medical Alert World. If you decide to leave this Site and access these third-party sites, you do so at your own risk.
- 22. Information and Press Releases. The Site may contain information and press releases about Medical Alert World. Medical Alert World disclaims any duty or obligation to update this information or any press releases. Information about companies other than Medical Alert World contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Medical Alert World.
- 23. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
- 24. General. This Agreement shall be treated as though it were executed and performed in Portland, Oregon, United States of America (USA), and shall be governed by and construed in accordance with the laws of the State of Oregon (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by Medical Alert World in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Any Medical Alert World failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any Medical Alert World rights under this Agreement shall survive any termination of this Agreement.
- 25. Acceptance.