Access Emergency Medical ID Information

Emergency Medical Technicians, Nurses and Doctors – Enter the Alert Medical Tag ID (the ten digit code consisting of numbers and letters), located at the bottom of the scan tag in the ID field below and click submit to access the card holders emergency medical information.

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Terms and Conditions

Ownership of Site; Agreement to Terms of Use:

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located 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 (“Service”), you (“You”) must read and accept these Terms of Use. After You have read these Terms of Use, You will be asked to indicate your acceptance of the Terms of Use by clicking the “I Accept” link at the bottom of this web page. By clicking the “I Accept” link, You are accepting these Terms of Use, including 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.

The Service

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 Terms of Use is referred to herein as the “Cardholder”), which You wish to have 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 Authorization (an “Authorized Scan”), all pursuant to these Terms of Use.

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.

Your acceptance of these Terms of Use and Your acceptance of the Disclosure Authorization 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 such consent.

Fees

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 purposes.

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 process, (2) enforce these Terms of Use, (3) respond to claims that any such data 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 violated these Terms of Use or other agreements or guidelines which may be associated 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 website.

Company uses cookies to remember certain user information. This allows users of 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.

Your Warranties

You warrant that: (1) You have the legal authority to enter into and accept these Terms of Use, together with those of any Code Provider, for yourself and for the Cardholder; (2) Your acceptance of these Terms of Use, together with those of any 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) you have accepted and will abide by the Terms of Use, if any, of the Code Provider as disclosed to You by Company.

Company Warranties

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.

Disclaimers

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 PARTIES.

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.

If, notwithstanding the other provisions of these Terms of Use, Company, its officers, 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.

Indemnity

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 with any violation by You or the Cardholder of such Code Provider’s Terms of Use.

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 venue.

Any claim under these Terms of Use must be brought within one (1) year after the 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 of these Terms of Use, Company will be entitled to recover from You, and You agree 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 to the Site as a result of any violation of these Terms of Use.

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 laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal 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 provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the 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 will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted 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.

By clicking the “I Accept” link, You are accepting these Terms of Use, including 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 or consultation.

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.

SCAN CERTIFICATION

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.





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