Terms and Conditions
at www.alertmedicaltags.com (the “Site”). The Site is the property of Alert Medical
Tag, LLC, a New Mexico limited liability company (“Company”). To subscribe to and
utilize Company’s Medical Information Storage Service, as further described herein
of Use by clicking the “I Accept” link at the bottom of this web page. By clicking
for yourself and for any individual for whom you wish to obtain the Service and
for whom You are legally authorized to act, either as a parent, legal guardian,
Company’s Service allows You to provide, manage, and consent to disclosure of Your
personal medical information (“PMI”) or the PMI of any individual for whom You are
legally authorized to act (the person for whom PMI is provided pursuant to these
disclosed to medical providers, whether in an emergency or otherwise, to assist
in the rendering of medical services to Cardholder. This PMI may include Protected
Health Information as defined in the Health Insurance Portability and Accountability
Act, 45 C.F.R.Parts 160 and 164 (“PHI”).
As and for the Service, Company will associate the PMI with a unique two-dimensional
barcode imprinted on one or more cards (the “Alert Medical Tag” or “AMT”) to be
purchased by the Cardholder from Company or registered with Company by the Cardholder.
A scan of the AMT with the proper equipment, including certain mobile telephones,
will direct the scanner to a URL maintained by Company and will constitute a request
by the operator of the scanner (the “Requesting Party”) for disclosure of Cardholder’s
PMI as provided by You and as maintained by Company. Company will maintain the Cardholder’s
PMI and will disclose it to the Requesting Party upon receipt by Company from the
Requesting Party of the Medical Provider Certification described in the HIPAA Disclosure
The Service is provided using 2D bar code obtained from any one or more independent
third-party providers (the “Code Provider”), which 2D bar code is imprinted by any
one or more independent third-party provider (the “Card Provider”) onto the medium
offered by the Company and selected by You, along with hardware and software maintained
by Company or its affiliates to allow You to upload, store, and modify PMI to and
from Company’s servers, and to allow for the transmission of the PMI upon receipt
of an Authorized Scan.
shall be deemed to be specific written consent for disclosure by Company of the
Cardholder’s PMI upon receipt of an Authorized Scan, and Company shall be entitled
to rely on such consent until it receives Your written notice of termination of
You shall pay Company an initial set-up fee and one-year subscription fee totaling
Twenty-Nine Dollars and Ninety-Five Cents ($29.95), plus applicable taxes, and thereafter
you shall pay Company Nine Dollars and Ninety-Five Cents, plus applicable taxes
annually (collectively the “Fees”) for the Service. Failure to make the payment
owed by you for the Service may cause Company to terminate the Service, and You
agree that in such event, Company shall have no further obligation or responsibility
to provide the Service. All Fees are deemed earned in full when paid.
Company reserves the right to change the Fees from time to time in its reasonable
discretion. Company shall provide You with at least thirty (30) days prior written
notice of any change in Fees.
All Fees will be automatically charged on an annual basis to your Credit Card. All
applicable Fees will be charged to your Credit Card Account on the day you register
for the Service, and annually thereafter on the anniversary date of such initial
charge (or the first business day following such date), and shall continue until
such time as this Agreement is terminated in accordance with this Agreement. By
accepting this Agreement you agree that your Credit Card Account may be charged
by Company as set forth in this section.
Accuracy of PMI/Security of Scan Card
You may review, update and modify the Cardholder’s PMI through the secure website
(http://www.alertmedicaltags.com). It is Your sole responsibility to update and
maintain the accuracy of the PMI maintained as part of the Service. Company does
not actively monitor, verify, or directly control any information that is stored
or transmitted through the Service.
You are entirely responsible for maintaining the security and confidentiality of
the AMT and preventing improper access to or use of the AMT. You agree to notify
Company immediately of any improper or unauthorized use of Your AMT, or any other
breach of security. You may be held liable for losses incurred by Company as a result
of the failure to keep Your AMT secure and confidential.
Information Sharing and Disclosure
Company’s subscription process will require the disclosure to Company of additional
personal and financial information, such as Your name, address, and credit card
number. Such personal information will be used to ship any products purchased directly
by You from Company. Such financial information will be used only for Company’s
billing purposes and will not be used or disclosed to any third party for any other
You acknowledge and agree that Company may use the e-mail address provided by You
to provide communications to You regarding the Service. Company may, but shall not
be required to, send periodic communications inquiring as to the possible need to
update the Cardholder’s PMI. You also acknowledge and agree that Company may use
the e-mail address provided by You to provide communications regarding other products
or services offered by the Company or by third-parties, and that You will be provided
with an option to opt-out of such communications. You acknowledge and agree that
Company may preserve any transmittal or communication by you with Company through
the Site or with respect to the Service. Company will not share, sell, rent or otherwise
distribute Your personally identifiable information, including a Cardholder’s PMI,
without Your prior written consent except to provide the Service, or except when
Company determines that disclosure is reasonably necessary to (1) comply with legal
violates the rights of others, or (4) protect the rights, property or personal safety
of Company, its employees, users of or visitors to the Site.
By using the Site and the Services, you acknowledge and agree that internet transmissions
are never completely private or secure. You understand that any message or information
transmitted by Company in response to an Authorized Scan or otherwise may be read
or intercepted by others, including any third-party provider of the Scan Tag. You
also understand that any such message or information may remain on the Requesting
Party’s or other party’s device until affirmatively deleted from such device.
Termination of Service
You may terminate the consent to disclosure of the Cardholder’s PMI, and Your further
use of the Services, by written request submitted through “Contact Us” portion of
the Site. Upon submission of such written notice of termination, Company will be
released from any and all future obligations and responsibilities to provide the
Service with respect to the Cardholder, including any obligation and responsibility
to provide the Cardholder’s PMI in response to an Authorized Scan. All fees paid
to Company prior to termination will be deemed fully earned by Company and will
not be refunded.
Company may, in its sole discretion and without prior notice, terminate the Service
if the Cardholder’s PMI has not been updated for a period of at least 24 months.
Company may also, in its sole discretion and without prior notice, terminate your
access to the Site and/or terminate the Service if Company determines that You have
with your use of the Site or the Service. Any violation by you of these Terms of
Use will constitute an unlawful and unfair business practice, and will cause irreparable
harm to Company, for which monetary damages would be inadequate, and You consent
to Company obtaining any injunctive or equitable relief that Company deems necessary
or appropriate in such circumstances. These remedies are in addition to any other
remedies Company may have at law or in equity. In the event of termination of this
Agreement by Company, Company’s sole obligation shall be to send notice of cancellation
to You at the physical and/or e-mail address last provided by You to Company.
Website Non-Personally Identifiable Information
Company website servers use log files. This information is not personally identifiable,
but may include user IP addresses, browser types, referring and exit pages, platform
type, date and time stamp, and number of clicks. This allows Company to analyze
trends and gather data to help us improve the quality and user experience of our
the Site to avoid logging in more than once, thereby saving time. You may, at any
time, disable or refuse to accept cookies by changing the preferences or settings
on your web browser. If you choose to disable cookies, you will still be able to
use the Site. However, you will not be able to fully take advantage of certain automation
and other functionality features available on this Site.
Please note: No personally identifiable information is collected with the log files
or cookies Company sets. Accepting cookies while on the Site will not put the user
at risk for marketing to other sites. Non-identifiable aggregate information obtained
from log files or the cookies may be used from time to time to improve the Site
and/or the Service, and to share with select partners, sponsors, and/or affiliates.
Links to Other Sites and to the Company Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to You. Such Linked
Sites are not under Company’s control, and Company is not responsible for and does
not endorse the content of such Linked Sites, including any information or materials
contained on such Linked Sites. You will need to make your own independent judgment
regarding your interaction with these Linked Sites.
You warrant that: (1) You have the legal authority to enter into and accept these
Code Provider, does not violate or cause You to be in breach of any other agreement
with, or of any obligation owed to, any other entity; (3) that all information provided
by You to Company is accurate and truthful to the best of your knowledge; and (4)
as disclosed to You by Company.
Company warrants that it shall use all commercially reasonable efforts to ensure
that the storage and transmission of Your PMI will be secure. Commercially reasonable
efforts shall include, but not be limited to: (1) use of user identification and
access controls designed to limit access to Your PMI to permitted users; (2) industry
standard firewalls regulating all data entering Company’s internal data network
from any external source, which will enforce secure connections between internal
and external systems and will permit only specific types of data to pass through;
(3) industry standard virus protection programs and techniques to prevent harmful
software code from entering Company’s internal data network or affecting You or
Your PMI; and (4) external connections to the World Wide Web (the "Internet") will
have appropriate security controls including an industry standard intrusion detection
and countermeasures system that will detect and terminate any unauthorized activity
prior to entering the firewall maintained by Company.
Company shall use its best efforts to ensure that the Service is available twenty-four
(24) hours per day, seven (7) days per week. You acknowledge that the Service is
subject to the services of third parties (including, but not limited to, telephone
service providers and Internet service providers) over whom Company has no control
and which may cause the Service to unavailable for reasons beyond Company’s control.
Company shall not be liable for any failure of performance which is due to forces
or circumstances beyond its reasonable control.
COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON
THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO DISCONTINUE YOUR USE OF THE
COMPANY SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE
The above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use, whether for breach
of contract, tort, negligence or any other cause of action. Company reserves the
right to do any of the following, at any time, without notice: (1) to modify, suspend
or terminate the Service or operation of or access to the Site, or any portion of
the Site, for any reason; (2) to modify or change the Service, the Site, or any
portion of the Site, and any applicable policies or terms; and (3) to interrupt
the Service or the operation of the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Company, its officers, directors,
members, successors in interest, employees, agents, subsidiaries or affiliates be
liable to You or the Cardholder for any indirect, consequential, exemplary, incidental
or punitive damages, including lost profits, even if Company has been advised of
the possibility of such damages. In no event will Company, its officers, directors,
members, successors in interest, employees, agents, subsidiaries or affiliates be
liable to You or the Cardholder for the quality of medical care provided or not
provided to the Cardholder by any third party.
directors, members, successors in interest, employees, agents, subsidiaries or affiliates
is found to be liable to you for any damage or loss which arises out of or is in
any way connected with your use of the Site or the Service, such individual’s or
entity’s liability shall in no event exceed the greater of (1) the total of any
fees paid by you to Company, (2) US$100.00. Some jurisdictions do not allow limitations
of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Company, its officers, directors, members, successors
in interest, employees, agents, subsidiaries and affiliates, harmless from any demands,
loss, liability, claims or expenses (including attorneys’ fees), made against Company
by any third party due to or arising out of or in connection with the Services,
including those of any Code Provider against Company arising out of or in connection
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United States and by the laws
of the State of New Mexico without regard to its conflicts of laws provisions. You
agree to the personal jurisdiction by and venue in the state and federal courts
in Bernalillo County, New Mexico, and waive any objection to such jurisdiction or
cause of action arises, or such claim or cause of action is barred. No recovery
may be sought or received for damages other than out-of-pocket expenses, except
that the prevailing party will be entitled to costs and attorneys’ fees. In the
event of any controversy or dispute between Company and you arising out of or in
connection with your use of the Site, the parties shall attempt, promptly and in
good faith, to resolve any such dispute. If we are unable to resolve any such dispute
within a reasonable time (not to exceed thirty (30) days), then either party may
submit such controversy or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
If Company does take any legal action against You as a result of your violation
to pay, all reasonable attorneys’ fees and costs of such action, in addition to
any other relief granted to Company. You agree that Company will not be liable to
You or to any third party, including the Cardholder, for termination of Your access
Void Where Prohibited
Company administers and operates the www.alertmedicaltags.com Site from its location
in Albuquerque, New Mexico. Although the Site is accessible worldwide, the features,
products and services discussed, referenced, provided or offered through or on the
Site are available for use only to persons located in the United States. Any offer
for any feature, product or service made on the Site is void where prohibited. If
you choose to access the Site from outside the United States, you do so on your
own initiative and you are solely responsible for complying with applicable local
of competent jurisdiction to be void or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary and replaced with a valid
entire agreement between you and Company with regard to your use of the Site, and
any and all other written or oral agreements or understandings previously existing
between you and Company with respect to such use are hereby superseded and cancelled.
Other than as provided in a purchase agreement you enter into with Company, Company
hereby categorically rejected. Company’s failure to insist on or enforce strict
course of conduct between Company and you or any other party be deemed to modify
or construed to confer any rights or remedies on any third parties.
This Agreement may not be assigned, transferred or encumbered by You and any attempt
by You to do so shall be null and void and shall constitute a breach of this Agreement.
IT IS STRONGLY RECOMMENDED THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
any amendments, for yourself and for any individual for whom you wish to obtain
the Service and for whom You are legally authorized to act, either as a parent,
legal guardian, or otherwise.
HIPAA Disclosure Authorization
The COMPANY Scan Card is designed to disclose, among other things, personal Protected
Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability
Act, 45 C.F.R. Parts 160 and 164, to individuals or entities providing medical services
to the cardholder. In the event the COMPANY Scan Card is accessed and an electronic
request for disclosure of information is submitted through a scan of the COMPANY
Scan Card, COMPANY will request certification that the individual or entity attempting
to access to the Cardholder’s information stored on the COMPANY system to confirm
that they are a medical care provider and that access to the Cardholder’s information
is reasonably necessary for the provision of medical care to the Cardholder, and
that the Cardholder has expressly authorized such access or is physically unable
to provide such authorization due to a medical emergency (“Medical Provider Disclosure”).
The undersigned Cardholder or his or her legal representative, hereby authorizes
COMPANY, upon receipt of an affirmative certification as described in the preceding
paragraph (an “Authorized Scan”), to disclose the PHI stored on the COMPANY system
to the device from which the Authorized Scan is initiated.
This authorization for release of PHI shall be effective until such time as Cardholder,
or his or her legal representative, provides written notice of termination to COMPANY
of the Cardholder’s COMPANY account. A revocation of this authorization is not effective
to the extent COMPANY has already acted in reliance on this authorization.
This authorization applies to all PHI entered into the COMPANY database pertaining
to the Cardholder, including records, if any, relating to mental healthcare, communicable
diseases, HIV or AIDS, and treatment of alcohol or drug abuse.
The PHI disclosed by COMPANY may be used by the recipient for medical treatment
Cardholder hereby agrees that PHI disclosed pursuant to this authorization may be
disclosed by the recipient and may no longer be protected by federal or state law.
I HEREBY CERTIFY THAT I AM A MEDICAL CARE PROVIDER AND THAT THE HOLDER OF THE SCAN
CARD LINKED TO THIS WEBSITE HAS CONSENTED TO DISCLOSURE TO ME OF THE HOLDER’S PERSONAL
MEDICAL INFORMATION, OR THAT THE HOLDER OF THE SCAN CARD IS PRESENTLY UNABLE TO
PROVIDE SUCH CONSENT AND THAT SUCH INFORMATION IS NEEDED FOR PURPOSES OF TREATING
A MEDICAL EMERGENCY INVOLVING THE HOLDER OF THE SCAN CARD.