MEDICALALERTCOMPARISON.COM TERMS OF SERVICE
Last updated: September 19th, 2013
These terms of service (the “Terms”) govern the relationship between you and MedicalAlertComparison, (hereinafter, “MedicalAlertComparison,” “us,” or “we”) regarding your use of the MedicalAlertComparison.com website (the “Site”). The Site is a comparison and information platform that enables consumers (“Consumers”) to compare offers and information for and about medical alert systems and sign up to receive offers from certain manufacturers and providers (“Providers”) of medical alert systems (“Systems”). All services offered through the platform are referred to generally as the “Service”. The Service is owned and operated by MedicalAlertComparison and all references to “Service” below also refers to both the Service and the Site. The terms “you,” “your,” and “yours” refer to anyone using the Service including anyone who uses the Service to browse offers, read information and reviews, or purchase a medical alert system on or through the Site.
IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS (“TERMS”) ALONG WITH ALL THE RULES, POLICIES AND GUIDELINES INCORPORATED IN THESE TERMS BY REFERENCE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN MEDICALALERTCOMPARISON AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND GOVERN YOUR USE OF THE SERVICE. BY BROWSING THE SITE, SUBMITTING INFORMATION ABOUT YOURSELF OR USING THE SERVICE, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SITE.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING OR UPON YOUR ACCEPTANCE OF THE REVISED TERMS. ALL MATERIAL MODIFICATIONS TO TERMS WILL APPLY PROSPECTIVELY ONLY. YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE. THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THESE TERMS REGULARLY.
1. License and Restrictions.
License Grant For Service. Subject to your agreement and continuing compliance with these Terms and any other relevant MedicalAlertComparison policies, MedicalAlertComparison grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service.
1.1 Eligibility. To use the Service, you must be able to enter into a binding contract under the applicable laws. If you are an individual, you represent that you are 13 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
1.2 Registration. You are required to register and provide your name, email address, and telephone number (such information is “Contact Information”) in order to receive certain offers and use or view certain parts of the Service. Your submission of Contact Information also constitutes an affirmative acceptance of these Terms. Contact Information can only be submitted by individuals, businesses and others who meet our eligibility criteria. You agree to provide true, accurate, current, and complete information as prompted by the registration form and to only provide Contact Information if you have the authority or permission to do so. We reserve the right to not use or act on your Contact Information without warning if we suspect that you have fraudulently or illegally provided Contact Information or have provided Contact Information in breach of any of these Terms.
1.4 Use of the Service: The following restrictions apply to the use of the Service:
(a) You accept full responsibility for any unauthorized use of the Service by parties not authorized to act on your behalf. Additionally, you are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by parties using your Contact Information or pretending to be you.
(b) You shall not use the Service to engage in any illegal conduct;
1.5 License, Limitations and Prohibitions:
1.5.1 General Effects of Violations. Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.1, and may subject you to liability for violations of law.
1.5.2 Activity Prohibitions. You agree that you will not, under any circumstances:
(a) Engage in any act that MedicalAlertComparison deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
(b) Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
(c) Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service (each a “Server”); or (2) the enjoyment of the Service by any other person;
(d) Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
(e) Attempt to gain unauthorized access to the Service, Servers, networks connected to the Service or any information owned or about any third parties that may be held by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
(f) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
(g) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
(h) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including MedicalAlertComparison employees, including MedicalAlertComparison’ customer service representatives;
(i) Post, distribute or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
(j) Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
(k) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
(l) Engage in the unauthorized access to information about or that may be provided by others who may use the Service;
(m) Make any automated use of the Service, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(n) Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
(o) Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved in writing by MedicalAlertComparison;
(p) Copy, modify or distribute rights or content from any MedicalAlertComparison site, or MedicalAlertComparison’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
(q) Solicit or attempt to solicit personal information from other users of the Service; or
(r) Collect, harvest or post anyone’s private information, including personally identifiable information, identification documents, or financial information through the Service.
1.6 Suspension and Termination of Account and Service:
1.6.1 FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER REMEDIES, MEDICALALERTCOMPARISON MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR RIGHT OF ACCESS TO SERVICE OR PORTIONS THEREOF IF YOU ARE, OR MEDICALALERTCOMPARISON SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. MEDICALALERTCOMPARISON IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
1.6.2 IP INFRINGEMENT. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
1.6.3 Right to Cease Service. MedicalAlertComparison reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, MedicalAlertComparison shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
1.7 Intellectual Property Ownership. The Service (including without limitation any computer code, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) are copyrighted works owned by MedicalAlertComparison or its licensors.
2.1 No Medical Advice: You understand and agree that use of the Service does not in any way create or establish a doctor-patient relationship between you and us or you and any Provider. You should recognize that the information provided through the Service is provided for your information to help compare offers for Systems. These materials should not be relied on as medical advice.
2.2 Reliability of Content: While MedicalAlertComparison.com is committed to trying to maintain information on the Site that is as up-to-date as possible, MedicalAlertComparison.com is nevertheless not responsible for medical alert company information that changes with or without notice to MedicalAlertComparison.com. While MedicalAlertComparison.com believes the information on the Site to be reliable, MedicalAlertComparison.com makes no claims or representations about the accuracy, reliability, timeliness, usefulness or completeness of such information or advice. Each person’s situation is unique and you should consult a doctor or health institution prior to acting upon any information contained in this Site. Any reliance by you on any information or advice will be at your own risk. The information and materials contained in this site, including text, graphics, links, or other items are provided “as is.” MedicalAlertComparison.com does not warrant the accuracy, adequacy, or completeness of this information and materials and expressly disclaims liability for errors or omissions in the information and materials. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability is given in conjunction with the information and materials.
2.3 MedicalAlertComparison Role and Release:
2.3.1 Not a Manufacturer or Provider. You understand that we are neither a manufacturer nor retailer of Systems. The Site and Service is an online platform for Consumers to browse and compare offers or information from or about manufacturers and retailers of Systems.
2.3.2 Not Responsible for Transactions: We are not responsible in any way for any actual transactions or agreements entered into between a Consumer and Provider. Without limiting the generality of the foregoing, you acknowledge and agree that: (i) we do not participate in any actual delivery of a System or related products or services; (ii) we do not render medical or other professional advice or services; in the event you desire or need such services, we strongly advise you to secure the same; (iii) we are not undertaking any, and have no, duties to you including, without limitation, the obligation to screen prospective Providers; (iv) we do not make any guarantees with respect to any Systems and (v) while we comply with applicable state and federal laws, we cannot guarantee that any Providers also comply with applicable state and federal laws. Accordingly, we assume no liability for any Provider’s failures to comply with such laws.
2.4 Information and Recommendations About Providers:
2.4.1 No Endorsement of Providers. You acknowledge and agree that the Providers are not employed by or agents of MedicalAlertComparison. Information provided by the Site or Service does not act as a substitute for and is meant to supplement your own investigation and due diligence concerning Provider and the quality of any Systems mentioned on the Site. The fact that you are matched with a provider that offers you a particular solution should not be intended to suggest that the solution is right for you, or that MedicalAlertComparison.com endorses any particular provider or solution. You are strongly encouraged to consult with an attorney and/or a qualified financial advisor prior to making any decision that could have significant legal or financial consequences to you.
2.4.2 Compensation by Providers. We may be compensated by Providers for, among other things, any purchases of Systems or redemption of Offers made by Consumers through the Site or Service or for providing Contact Information to Providers. Any compensation provided by Providers does not affect any reviews we may provide but the order in which we display Offers or information about Systems may be based upon compensation received from Providers. MedicalAlertComparison.com has financial relationships with some of the companies mentioned on the Site, and MedicalAlertComparison.com may be compensated if consumers choose to enter their contact information and view offers in our content and ultimately sign up for them.
2.4.3 No Endorsement by Third Parties. Any entity shown on the Site or through the Service does not necessarily constitute an endorsement of the Site or the Service by such entity.
2.4.4 Trademarks. All of the information within this Site, including without limitation the MedicalAlertComparison.com logo and other MedicalAlertComparison.com trademarks and service marks, is the property of MedicalAlertComparison.com and/or its affiliates or its licensors. MedicalAlertComparison.com makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site. Any third party names, trademarks, and service marks are the properties of their respective owners. All medical alert companies’ information, medical alert names, logos, images and likenesses are copyrighted and trademarked as specified by each institution respectively. All trademarks remain property of their respective owners. Unless otherwise specified, no association between MedicalAlertComparison.com and any trademark holder is expressed or implied. No endorsement of MedicalAlertComparison.com is expressed or implied by the mention of such trademarks.
2.5 Offers and Content Disclaimer
2.5.1 Offers Not Reviewed. We have not reviewed, and cannot review, any offers made or to be provided by Providers via the Service (such offers are “Offers”), and cannot therefore be responsible for content of Offers or any use or acceptance by you of Offers. Any views or statements expressed by Providers when providing or advertising Offers are solely those of the posting Providers and do not necessarily reflect our views. We assume no responsibility for the posts or the information contained therein, nor do we make any claims, promises or guarantees about the accuracy, suitability, competence or completeness of any of the information or advice in the offers. Use of the information provided in or acceptance of Offers is STRICTLY AND FULLY AT YOUR OWN RISK.
2.5.2 Accuracy Not Guaranteed. The Service may contain or display content that is wrong, incorrect, or otherwise objectionable, as well as content that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties. Notwithstanding the foregoing, we retain the right, in our sole discretion, but not the obligation, to monitor and/or delete any content (a) that we believe to be in violation of these Terms, (b) about which we have received complaints, or (c) which we find to be objectionable for any reason, with or without notice to you. In addition, we have no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of such content.
3. Third Party Advertising
3.2 Links to Third Party Sites and Dealings with Advertisers. MedicalAlertComparison may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with these third parties are your responsibility. MedicalAlertComparison makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of MedicalAlertComparison and may collect data or solicit personal information from you. MedicalAlertComparison is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by MedicalAlertComparison of these linked sites. MedicalAlertComparison.com is not responsible for any agreements that may be reached with third parties or the actions taken by such third parties when contacting you. Further, MedicalAlertComparison.com MedicalAlertComparison.com is not responsible for and disclaims any and all liability related to any dealings between its visitors and the various medical alert providers that may be referenced on the Site. MedicalAlertComparison.com will not be involved in any disputes between any of its visitors and such medical alert company and/or their respective affiliates. The Site has links to websites hosted by other parties ("Third Party Sites"). These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by MedicalAlertComparison.com of such Third Party Sites. Please be advised, however, that MedicalAlertComparison.com may be compensated by the respective institutions responsible for such Third Party Sites for linking users to such Third Party Sites, for linking users to such Third Party Sites, sponsored by such third party institutions, or for a variety of other reasons.
3.3 Third Party Sites and Advertisers on MedicalAlertComparison. The third party websites MedicalAlertComparison provides links to may include (but not limited to):
- Medical Guardian
- ADT Health
- Medical Care Alert
- Connect America
- Mobile Help
4. Updates to the Service and Application
You understand that the Service undergoes frequent changes. You acknowledge and agree that MedicalAlertComparison may update the Service without notifying you.
5. Disclaimer; Limitations; Waivers on Liability; Indemnification
5.1 Disclaimer of Warranties.
5.1.1 SERVICE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.1.2 NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER MEDICALALERTCOMPARISON NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “MEDICALALERTCOMPARISON PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
5.1.3 SERVICE MAY CHANGE AT ANY TIME. WE RESERVE THE RIGHT TO CHANGE OR ALTER THE SERVICE AT ANY TIME.
5.2 Limitations; Waivers of Liability.
5.2.1 DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE MEDICALALERTCOMPARISON PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
5.2.2 NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE MEDICALALERTCOMPARISON PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE MEDICALALERTCOMPARISON PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CONSUMERS OR PROVIDERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5.2.3 DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
6 Indemnification. You agree to indemnify, save, and hold the MedicalAlertComparison parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. MedicalAlertComparison reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MedicalAlertComparison, and you agree to cooperate with MedicalAlertComparison’s defense of these claims. MedicalAlertComparison will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
7. Dispute Resolution
7.1 General: If a dispute arises between you and MedicalAlertComparison, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MedicalAlertComparison agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Other than those matters listed in Section 7.2, you and MedicalAlertComparison agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 7, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
7.2 Exclusions from Arbitration. YOU AND MEDICALALERTCOMPARISON AGREE THAT ANY CLAIM FILED BY YOU OR BY MEDICALALERTCOMPARISON IN SMALL CLAIMS COURT OR BY MEDICALALERTCOMPARISON RELATED TO PROTECTION OF MEDICALALERTCOMPARISON OR ANY MEDICALALERTCOMPARISON LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 7.
7.3 RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 7, YOU MUST NOTIFY MEDICALALERTCOMPARISON IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO MEDICALALERTCOMPARISON TERMS ADMINISTRATOR, 244 FIFTH AVE, SUITE 1628 NEW YORK, NY 10010 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR EMAIL AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH MEDICALALERTCOMPARISON THROUGH ARBITRATION.
7.4 Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND MEDICALALERTCOMPARISON SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
7.5 Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or MedicalAlertComparison elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 7 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
7.6 Arbitration Procedures. Because the Service concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with MedicalAlertComparison as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to MedicalAlertComparison or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
7.7 Location of Arbitration. You or MedicalAlertComparison may initiate arbitration in either Orange County, California or the county in which you reside. In the event that you select the county of your residence, MedicalAlertComparison may transfer the arbitration to Orange County, California in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator
7.8 Severability. If any clause within this Section 7 (other than the Class Action Waiver clause of Section 7.4) is found to be illegal or unenforceable, that clause will be severed from this Section 7, and the remainder of this Section 7 will be given full force and effect. If the Class Action Waiver (Section 7.4) clause is found to be illegal or unenforceable, this entire Section 7 will be unenforceable, and the dispute will be decided by a court and you and MedicalAlertComparison each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
7.9 Continuation. . This Section 7 shall survive any termination of the Terms
8. General Provisions
8.1.2 This agreement may not be otherwise amended except in a writing hand-signed by you and an authorized MedicalAlertComparison representative. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
8.4 Supplemental Policies. MedicalAlertComparison may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
MedicalAlertComparison 244 Fifth Ave, Suite 1628, New York, NY 10010
8.8 Equitable Remedies: You acknowledge that the rights granted and obligations made under these Terms to MedicalAlertComparison are of a unique and irreplaceable nature, the loss of which shall irreparably harm MedicalAlertComparison and which cannot be replaced by monetary damages alone so that MedicalAlertComparison shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 5.2 (if any).
8.9 Force Majeure: MedicalAlertComparison shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MedicalAlertComparison, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MedicalAlertComparison’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
8.10 Governing Law. These Terms are governed by the laws of the State of California notwithstanding its conflict of law provisions.
8.11 Limitation of Liability. If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that MedicalAlertComparison.com’s total liability (and that of its affiliates, directors, officers and employees) for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
8.12 User Access. User Access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. California law and federal law will govern the interpretation and enforcement of these Terms and Conditions, without giving effect to the principles of conflicts of law. By using the Site, you consent to the jurisdiction of the state and federal courts of Orange County, CA, U.S.A. for any action or proceeding arising under or relating to these Terms and Conditions or this Site.