Terms And Conditions
PLEASE CAREFULLY READ THIS DOCUMENT BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE AND ITS SERVICES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS THIS WEBSITE.
1. BINDING AGREEMENT
The terms of service (“Terms of Use” ) herein is a legal agreement between you and HeartAlertSystems LLC.
This “Terms of Use” agreement will govern your use of any of the products and services being offered to you byHeartAlertSystems.com website (“Site”) located at either www.HeartAlertSystems.com and/or (http://www.HeartAlertSystems.com that includes any software used in the HeartAlertSystems.com website to provide all the various products and services it provides.
You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside and legally enter into a legally binding contract. That HeartAlertSystems LLC offers its “User/Members” that utilize the products and services under the condition that you accept the “Terms of Use” conditions listed herein along with the “Privacy Terms” listed separately.” By clicking the “I AGREE” or a similar buttons on the HeartAlertSystems website and or using any of products or services, you acknowledge that you agree to these “Terms of Use” in their entirety.
By choosing to use the products and services HeartAlertSystems.com is offering you, you are agree to keep your initial registration information accurate, complete and up-to-date it as needed as long as you continue to use these products and services. When signing up for our services, you agree to pay the fixed subscription that HeartAlertSystems LLC charges along with any additional added service fees, if any, for the type of account you select and you agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use.
If you use a credit card or PayPal for payment to authorize your initial use of HeartAlertSystems.com website, you also agree that your card and/or PayPal account can be used to automatically renew your subscription and charges to the then-current renewal fees to pay them.
2. SUBSCRIPTION.
HeartAlertSystems LLC offers various types of products and services (collectively “Products” and “Services”) on its website. HeartAlertSystem LLC reserves the right to modify the prices charged for any of its products and services and to amend or remove any of its products or services it offers from its website, at any time and without prior notice to you.
The Following Is A Description of The “User/Membership” Account” We Offer:
Important Notice: The “User/Membership” account we currently offer can be cancelled anytime you elect to cancel it by sending HeartAlertSystem.com an email requesting that it be canceled. Once we receive your notice of cancellation, we will delete all of the medical records information you have stored in your account.
With this “User/Membership” account” you will be able gather, maintain and store virtually all of your most critical medical records information on the HeartAlertSystems.com website so they will be instantly available for medical emergency personnel, anywhere in the world, with internet service to review in case you are have a serious life-threatening medical emergency for the price of $12.00 per year.
With this “User/Membership” account” you also be able to store any of your most critical medical records information you receive from your doctors and hospitals where you have been treated in the past and will have a storage capacity of up to 20Mb of medical records information.
By electing to continue to use the products and services being offered to you on the HeartAlertSystems.com website, you are acknowledging that you have read and understood the “Terms of Use” agreement herein and that you agree to be legally bound by this agreement.
From time to time, HeartAlertSystem LLC reserves the right to update and make revision to this “Terms of Use” agreement at any time it deems that it is necessary. Your continued use of the HeartAlertSystems.com website and/or any of the products and services it provides you shall mean that you accept these changes.
2A. COLLECTING YOUR MEDICAL RECORDS & ACCESS TO YOUR MEDICAL RECORDS INFORMATION STORED BY YOUR DOCTORS AND HOSPITALS
Under this “Terms of Use” agreement, you understand that it is your responsibility to collect your medical records information from your doctors and the hospitals you have had treatment in and to upload them using our “Online Document Upload System” that will show you how to collect your medical records and Upload them so that in case of a medical emergency when an EMT and/or a medical professional working in a hospital attempts to gain access to your medical records information stored in your Medical Profile Records file, they will be immediately available to medical emergency personnel in a hospital to review to help them make the life saving decisions the will have to make to try and save your life after they enter the 6 Digit PIN Code # assigned you when you established your User/Membership account with HeartAlertSystems LLC.
3. TERMINIATION
The terms of service and any posted revisions will remain in effect as long as you continue to maintain your User/Membership account and/or use of the products and services we provide. However, it is important to note that you have the right to terminate you User/Membership account with us at any time prior to the next billing cycle for any reason by following the instruction on the “Site” and discontinuing use of the products and services we are offering. No refunds are allowed for any portion of time remaining after you submit notice of cancellation. HeartAlertSystems LLC may terminate your account and the Terms of Use immediately without notice if you fail to renew your User/Membership account by failing to pay any fees and/or invoices when due or otherwise fail to comply with these “Terms of Use” agreement herein, upon termination and/or expiration of your User/Membership account and/or the your “Terms of Use” agreement, you will no longer have the right to continue to the use the software and/or services and you will no longer be able to have access to any of the medical information you have stored on the HeartAlertSystems.com website.
You also agree that HeartAlertSystems LLC has no obligation to provide you, or anyone else, with a copy of the medical records information you may have stored on its website or the right for anyone else to access any of the medical records information contained under the Terms of Use of you Premium Membership Account.
4. PASSWORD
HeartAlertSystems.com will provide you with a 6 Digit PIN Code #.
It is your responsibility to provide HeartAlertSystem.com with a “Username” and a “Password” to be able to access and use any of the products and services we offer on our website.
You are responsible for keeping your “Username” and your “Password” secure and you agree not to disclose your Password and/or your Username to any third party except as it relates to your medical treatment. If you lose and/or forget your Username or your Password to gain access to your Membership Accounts, you may not be able to access you medical records information stored on the HeartAlertSystems.com website. You also agree to notify HeartAlertSystems LLC immediately of any unauthorized use of your Premium Membership Account and/or any other security breach related to the products and services provided you on the HeartAlertSystems.com website. We also reserve the right to suspend your account and/or change your username and password if it determines that security breach has occurred or is likely to occur.
5. LIMITATION OF LIABILITY
BY USING THE SERVICES AND PRODUCTS BEING OFFER TO YOU BY THE HEARTALERTSYSTEM LLC, YOU AGREE TO RELEASE HEARTALERTSYSTEMS LLC AND ITS SUBSIDIARIES, PARTENTS, LICENSORS, AGENTS, MEMBERS, AFFILIATES, WERVICE PROVIDERS, OFFICERS, CO-BRANCHES OR ANY OTHER PARTNERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY REGARDING THE SERVICES OR PRODUCTS IT PROVIDES YOU. IN NO EVENTSHALL HEARTALERTSYSTEMS LLC BE LABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR DIND (INCLUDING LOSS OF MEDICAL RECORDS DATA) ARIZING OUT OF, OR ANY WAY CONNECTED WITH THIS WERVICVE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE OR PRODUCTS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES AND OR PRODUCTS BEING OFFERED, EVEN IF HEARTALERTSYSTEMS LLC HAS BEEN PREVIOUSLY ADVISDED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE TOTAL COLLECTIVE LIABILITY OF RELEASE HEARTALERTSYSTEMS LLC AND ITS SUBSIDIARIES, PARENTS, LICENSORS,, AGENTS, MEMBERS, AFFILIAED, SERVICE PROVIDERS, OFFICERS, CO-BRANCHES OR OTHER PARTNERS, DIRECTORS, AND EMERPLYEES SHALL NOT EXCEED THE FEES PAID DURIN ONE (1) CLENDAR YEAR.
6. DISCLAIMER OF WARRANTIES
HEARTALERTSYSTEMS LLC DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE PRODUCTS OR SERVICES IT PROVIDES WILL BE TIMELY, UNINTERRUPTED OR UNCORRUPTED OR OPERATE IN COMINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III_ THE QUALITY OF ANY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHAED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATION, (IV) ERRORS OR DEFECTS WITH BE CORRECTE, (V) THE SITE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (VI) CORRECTNESS AND ACCURACY OF INFORMAT PROVIDED WILL BE VERIFIED.
HEARTALERTSYSTEMS LLC ASSUMES NO LIAGILITY FOR THE DELAY, INTERRUPTION, CORRUPTION OR FAILURE OF ANY MEDICAL RECORDS DATA OR INFORMATION TRANSMTTED, ENTERED OR STORED ON ITS SITE AND SERVERS. CUSTOMER ASSUMES ALL OF THE RISK.
7. GOVERNING LAW
This “Terms of Use” agreement shall be governed by and construed in accordance with the laws of the state of Georgia, with giving effect any principles of conflicts of law. You hereby consent that you will submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
8. SEVERABILITY
If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of us and shall not affect the validity and enforceability of any remaining provisions.
9. RIGHTS GRANT
You are hereby “Granted the Right” to gather, maintain, store ,view, print and download as many copies of your Medical Emergency Profile and Medical ID Wallet Cards as long as they are for your personal use only.
10. “AS IS” Website
By your continued use of the HeartAlertSystems.com website, you agree that this website is being provided to you on a “AS IS” basis without any warranties of any kind, whether expressed and/or implied. To the extent permissible under the applicable law, HeartAlertSystems LLC disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title and non infringement.
11. THIRD PARTY LINKS
From time to time, the HeartAlertSystems.com website may provide links to third-party websites. However, it is understood that we do not recommend, nor do we endorse, the content, products and/or services on any third-party websites. Nor do we make any representation regarding their accuracy. Your use of any third-party websites on the HeartAlertSystems.com website is at your own risk and subject to the terms and conditions of use for such third-party websites.
12. INDEMNITY STATEMENT
By utilizing the HeartAlertSystem.com website, you are agreeing to indemnify and hold harmless the officers, directors, employees, affiliates, and suppliers, subsidiaries and parent companies of this website from and against any claims or financial liabilities, including without limitation, all reasonable legal and accounting expenditures, resulting from, or alleged to result from, your violation of the “Terms of Use” agreement.”
13. INFORMATION & PASSWORD LIABILITIES
It is important to note that users of the HeartAlertSystems.com website assume full responsibility for the accuracy, content and/or omission of any information inputted within this website, but not limited to any of the online medical emergency forms and/or medical emergency profile summaries is applicable. You agree that the HeartAlertSystems LLC shall not be held liable for any personal injury, including death caused by such inaccuracies. Please carefully check the information you input and/or update before saving it and printing it to avoid any inaccuracy as HeartAlertSystems LLC cannot and shall not be held responsible for the informational content of any healthcare information provided once a User/Member of its services inputs and stores such information on the HeartAlertSystems.com website.
14. MEMBER’S RESPONSIBILITIES
1. All User/Membership Account holders are required to activate their own User/Membership Accounts by providing a valid Email address and Password to be able to utilize HearAlertSystem.com website’s products and services.
2. It is understood, that after User/Members provide HeartAlsertSystems.com a valid email address and a password to establish their User/Membership account required to establish their account, they are allowed to start the process of gathering, storing, printing out and retrieving their personal and medical information related to their personal healthcare records such as: Who should be contacted in case of emergency, a list of physicians and medical insurance providers, a list of prescription drugs they take daily, serious allergies and al list of any other healthcare records needed in a unexpected medical emergency situations, anywhere in the world, 24/7/365 days a year that has internet service.
3. User/Members of the HeartAlertSystems.com website acknowledge they have the sole responsibility for maintaining the accuracy and completeness of any, and all, personal and healthcare records information they decide to store on the HeartAlertSystems.com website so that emergency medical personnel, anywhere in the world, (with internet service) instant access to virtually all of their most critical medical records information stored on its website in printed form or through the use of the internet itself in case of emergency situations.
15. THIRD PARTY SOFTWARE
Members of the HeartAlertSystems website agree to use the third-party software necessary for accessing the Services of the HeartAlertSystems.com website, including, but not limited to, “Web Browser” software that supports a data security protocol compatible with the protocol used by HeartAlertSystem.com website. Until notified otherwise, User/Members agree to use software that supports the Secure Socket Layer (SSL) protocol.
16. STATEMENT OF LIABILITY
User/Members that utilize any of the products and services being provided on the HeartAlertSystems.com website shall use these services at their own risk. HeartAlertSystems LLC assumes no liability for the delay, failure, interruption, corruption of any computer data submitted to its website.
17. COMPLETE AGREEMENT
Except as expressly provided for within a particular legal notice found within this “Terms of Use” agreement herein now and/or in the future, this agreement constitutes the entire agreement between you as a Premium Member and HeartAlertSystems LLC. With respect to the use of the products and services being offered on the HeartAlertSystems.com website, in the event of any conflict between it and the “Privacy Policy” and the “Terms of Use” agreement herein, the “Terms of Use” agreement” portion of this agreement shall prevail. Any provisions within this “Terms of Use” agreement that is found to be prohibited and/or unenforceable in any jurisdiction shall as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. .
Thank You for Your Cooperation!
Any questions and/or comments regarding the HeartAlertSystems.com website, including any non-functioning links, should be submitted via email first support@HeartAlertSystem.com.
Or you can also submit your comments by U.S. Mail to: HeartAlertsSystem LLC: Customer Service Department, Suite 250-129, Gainesville, Georgia, 30501.
Your comments are very important to us. However, sometimes due to heavy volume, we may not always be able to immediately respond. But, rest assured we will try to respond to your comments in a timely manner.