Terms and Conditions

MEDICALERT FOUNDATION PRODUCT AND PLATFORM TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AS THE PURCHASER OF A MEDICALERT PRODUCT AND/OR USER OF A MEDICALERT SERVICE (“MEMBER” OR “YOU”) AND MEDICALERT FOUNDATION INTERNATIONAL (“MEDICALERT” OR “WE”). THESE TERMS AND CONDITIONS, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL APPLICABLE MEDICALERT RULES AND POLICIES, INCLUDING THE MEDICALERT , CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND MEDICALERT REGARDING YOUR PURCHASE AND USE OF A MEDICALERT MEDICAL IDENTIFICATION PRODUCT (“PRODUCT”), YOUR ACCESS TO AND USE OF THE MEDICALERT WEBSITE(S) (COLLECTIVELY, “WEBSITE”), AND SERVICES PROVIDED BY MEDICALERT, INCLUDING SUBSCRIPTION SERVICES (COLLECTIVELY, “SERVICES”) (COLLECTIVELY, THE WEBSITE AND SERVICES ARE REFERRED TO AS THE “PLATFORM”). 

THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE PRODUCT AND THE PLATFORM, AS WELL AS INFORMATION ABOUT YOUR PRIVACY, FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. 

IF YOU PURCHASE THE MEDICALERT PRODUCT OR ACCESS OR USE ANY PART OF THE PLATFORM, YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE PRODUCT OR PLATFORM. 

1. Scope and Acceptance 

Anyone who purchases a MedicAlert product or accesses or uses any part of the Platform is a “Member.” The Agreement sets forth your rights and obligations as a Member with respect to your use of the Product and access to and use of any part of the Platform, including any and all information or data of any kind arising from access to or use of the Platform, such as, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software. 

We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your continued use of the Product and use of or access to any part of the Platform following any change to this Agreement is deemed to be your acceptance of the modified Agreement. 

You represent that you are (1) at least 18 years of age or of legal age to form a binding contract and (2) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are using the Product or accessing or using any part of the Platform on behalf of any individual or entity, including as the caregiver of a Member, you represent and warrant that you are authorized (a) to accept these terms on behalf of the individual or entity and (b) to bind such individual or entity to the Agreement. 

2. Privacy Policy 

Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our Members. You consent to any personal information we may obtain about you (either upon activation of the Product, through the Platform, or by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. MedicAlert may update its Privacy Policy from time to time in its sole discretion. Any changes to our Privacy Policy will be posted at MedicAlert . Your continued use of the Product or the Platform after any changes to the Privacy Policy means you accept the changes. 

3. Overview of the Product and Platform and Disclosure of Your Information 

The principal purpose of MedicAlert Products and Services (including engraved IDs, QR-enabled IDs, AirTag-compatible IDs, and sponsored memberships) is to provide critical health and identification information to first responders, health care personnel, and other emergency personnel in the event of an emergency affecting you. 

By purchasing, enrolling in a sponsored membership, or using a Product or Service, you authorize MedicAlert to release the medical and other information about you that is reasonably necessary to assist with your emergency care or response, consistent with the MedicAlert Privacy Policy. This emergency data-sharing applies equally to all MedicAlert Members, whether paid, free, or sponsored. 

Engraved Products. Engraved IDs may display limited medical or contact information directly on the product. Members are solely responsible for selecting what information to include. MedicAlert cannot control who may view an engraved ID once created or displayed. 

QR Code Products. Certain Products include QR codes that, when scanned, provide access to your health profile through MedicAlert’s secure platform. The QR code itself does not contain personal data. Because QR codes may be scanned by any party with access, Members are solely responsible for whether and how they wear or display a QR code ID. MedicAlert uses industry-standard safeguards to secure Member data prior to QR code access but does not control who scans a QR code and is not responsible for any unauthorized access, viewing, or use of information once displayed. QR codes are not a substitute for contacting emergency services. 

Location Tracker-Enabled IDs. Certain MedicAlert medical IDs are designed to hold or be compatible with Apple’s AirTag device. AirTags are third-party products provided solely by Apple Inc. MedicAlert does not manufacture, support, monitor, or provide any location tracking services. Members are solely responsible for activating, configuring, and managing AirTags through Apple’s Find My network or related services. MedicAlert has no ability to access, track, or monitor a Member’s location and disclaims all liability related to the use, performance, or availability of AirTags or Apple’s services. Members must not use AirTags in MedicAlert Products for unlawful purposes, including stalking or harassment. 

911 Data Sharing. When you or someone on your behalf contacts 911 from a phone number you have provided to MedicAlert, or when your MedicAlert ID number is provided to a 911 dispatcher, MedicAlert may share limited information with the dispatcher, such as your name, gender, calculated age, engraving information you provided to MedicAlert, and other emergency-facing fields in your record (such as the “First Responder Alert” field). MedicAlert also works with RapidSOS, a U.S.-based emergency technology platform, to transmit this information securely to 911 dispatchers in the United States, subject to applicable law and privacy regulations. RapidSOS acts solely as a service provider to MedicAlert under applicable privacy laws. Neither MedicAlert nor RapidSOS records, listens to, or transcribes any 911 calls. 

To protect you, MedicAlert and RapidSOS may retain information about the times when 911 dispatchers accessed your information. Any such information will be retained only as long as reasonably necessary for emergency service support and in compliance with applicable data protection laws, and will be de-identified so that it does not contain information that can be linked to you. MedicAlert and RapidSOS will never record or listen to your 911 calls or make transcripts of such calls. However, all calls, emails, and other communications between you and MedicAlert may be recorded for quality assurance and compliance. 

Member Responsibility. Members are responsible for keeping their contact and billing information current, choosing what information to display on engraved or QR Products, and understanding that once information is displayed through an engraved ID or QR scan, MedicAlert cannot prevent its further use by the person who accessed it. 

4. Registration 

In order to access and use certain parts of the Platform, including paid or subscription Services, you may be required to register with us. Registration requires you to (1) indicate agreement to this Agreement, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in MedicAlert’s sole discretion. 

By registering, you represent and warrant that you are at least 18 years old, or that you are registering on behalf of a minor under your supervision with the verifiable consent of a parent or legal guardian. MedicAlert does not knowingly permit registration or collect personal information directly from children under 13 without such parental or guardian consent. 

Your account is personal to you and may not be transferred, licensed, sold, or shared with any other person. You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You agree that MedicAlert is not liable for any loss, damage, or liability arising from any unauthorized use of your account, except to the extent caused directly by MedicAlert’s gross negligence or willful misconduct. 

You agree to provide accurate, current, and complete information when registering and throughout your use of the Platform, and to promptly update such information as necessary. MedicAlert reserves the right, in its sole discretion, to refuse, suspend, or terminate your account if the information you provide is inaccurate, incomplete, misleading, or if your account is otherwise misused or suspected of fraudulent activity. 

5. Purchases 

MedicAlert may, in its sole discretion and as permitted by law, choose not to process or to cancel your order to purchase a Product or paid Service in certain circumstances. This may occur, for example, if the Product or Service you wish to purchase is unavailable or mispriced, if we suspect the request is fraudulent, or in other circumstances MedicAlert deems appropriate. MedicAlert also reserves the right, in its discretion, to take steps to verify your identity before processing your order. If we cancel or decline to process an order, we will not charge you, or if you have already been charged, we will issue a refund within a commercially reasonable time, or as required by applicable law. 

Without limiting the foregoing, MedicAlert reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotions, offers, product descriptions or specifications, or other information, without obligation to issue notice of such changes, provided that no such changes will apply after shipment has occurred, except as required by law. 

MedicAlert does not accept returns of Products, and all orders are final when placed either online, via our Member Services team, or with any other authorized third party, except as required by law (for example, in the case of defective or misdescribed items). This no-return policy will be disclosed to you at the point of sale. However, MedicAlert may, in its discretion, accept returns of certain merchandise on a case-by-case basis. Any refunds or returns granted will be made in the original form of payment, unless otherwise required by law. 

Refunds for subscription Services are governed by the Automatic Renewal Policy and Subscription Termination sections of these Terms. MedicAlert is not responsible for, and does not provide warranties, support, or refunds for, products or services purchased through unauthorized third parties. 

6. Automatic Renewal Policy 

Your subscription will automatically renew at the end of each subscription term for another term of the same length. The renewal fee will be charged on your renewal date (the “Renewal Date”) unless you cancel before the Renewal Date. You authorize MedicAlert to charge your payment method(s) on file for renewal fees. If the payment method we attempt is declined, MedicAlert may attempt to process payment using any other valid payment method you have provided or that is made available to us by your card issuer (e.g., account updater services), unless you update your billing information before the Renewal Date. 

Disclosures and Consent. Before purchase, you will be presented with clear and conspicuous disclosure of the automatic renewal terms. By completing your purchase, you affirmatively consent to automatic renewal. For California members purchasing online, consent to automatic renewal will be captured via a separate, standalone, unchecked checkbox. After enrollment, you will receive an acknowledgment in a retainable form (such as email) confirming the renewal terms, the cancellation policy, and how to cancel. 

Cancellation. If you enrolled online, you may cancel online at any time through the Member Dashboard. You may also cancel by calling 1-800-432-5378 or emailing member_services@medicalert.org. Cancellation is effective at the end of your current paid subscription term, and fees are non-refundable except where required by law. 

Reminders and Fee Changes. For any subscription term of one year or longer, MedicAlert will send a renewal reminder notice 15–45 days before the Renewal Date that includes the Renewal Date and how to cancel. MedicAlert will also provide clear and conspicuous advance notice of any subscription fee change in a retainable form (such as email) stating the new amount and the effective Renewal Date. Any fee change will apply beginning at the next Renewal Date. If you do not wish to continue at the new fee, you may cancel before the Renewal Date using the methods described above. 

Notices. All notices regarding your subscription will be sent to your last known email address on record. You are responsible for keeping your contact and billing information current. 

Communications. If an automatic renewal attempt is unsuccessful, MedicAlert may contact you via email, phone, mail, or SMS at the addresses and numbers you have provided. Message frequency may vary; message and data rates may apply. Consent to receive SMS is not a condition of purchase, and you may opt out at any time by replying STOP, calling 1-800-432-5378, or emailing member_services@medicalert.org. 

Right to Modify Fees. MedicAlert may modify subscription fees from time to time, with advance notice provided as described above. Any modified fee will take effect at the next Renewal Date. 

7. Subscription Termination 

You may cancel your MedicAlert subscription at any time by contacting the MedicAlert Member Services team as specified on the “Contact Us” page of the Website, or, if purchased online, through the Member Dashboard. 

Unless otherwise required by applicable law, MedicAlert subscription fees are non-refundable once a subscription term has begun. Exceptions may apply in cases required by law, including the death or disability of the Member. If MedicAlert has collected your subscription fee for a new subscription term that has not yet started, we will refund this fee if we receive notice of voluntary cancellation at least 7 days prior to the start of that new term. For cancellations after the start date, the subscription fee is non-refundable. 

MedicAlert may suspend or terminate your subscription and refuse any and all current or future use of the Product or Platform, in whole or in part, if: (1) required to comply with applicable law, (2) you provide any information that MedicAlert determines, in its sole discretion, to be untrue, inaccurate, not current, or incomplete, (3) subscription fees are not paid, (4) you use your MedicAlert subscription in a manner not permitted by this Agreement, or (5) in other circumstances as MedicAlert deems appropriate in its sole discretion. 

Termination by you or by MedicAlert may also result in the termination of your access to subscriptions in MedicAlert’s affiliated websites, where applicable. Upon payment of any outstanding balance, MedicAlert may agree to reinstate your subscription, and may charge a reinstatement fee at its discretion. 

8. Permitted Use of the Product and Platform 

You shall not use the Product or Platform to develop or offer services that compete with MedicAlert. You must notify MedicAlert immediately of any unauthorized use of your MedicAlert Product or Platform by emailing member_services@medicalert.org. 

Certain MedicAlert materials provided through the Platform are protected by intellectual property laws, including but not limited to U.S. copyright and trademark laws. You expressly acknowledge and agree that all content accessible through the Platform is the property of MedicAlert and its licensors. MedicAlert and its licensors retain all right, title, and interest in such content. Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform solely for your own use. Except as expressly provided, all rights are reserved. 

In connection with your use of the Platform, you may not: 
(a) alter or modify the Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Platform, except as permitted by its intended functionality or to review material on the Platform; 
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Platform or related materials; 
(c) remove or modify any proprietary notices or labels on the Platform or use MedicAlert trademarks without permission; 
(d) use the Platform for unauthorized or illegal purposes; 
(e) copy, modify, erase, or damage information on servers used by MedicAlert or third parties; 
(f) violate the legal rights of others, including privacy, publicity, copyright, or trademark rights; 
(g) access or attempt to access password-protected, secure, or non-public areas of the Platform without authorization; 
(h) impersonate any person or misrepresent your affiliation; 
(i) use automated means (scripts, bots, scrapers, data miners) to access or display the Platform without express written permission; 
(j) attempt to disrupt, impair, or interfere with the Platform, including by transmitting viruses, worms, or other malicious code; 
(k) probe, scan, or test the vulnerability of the Platform or breach any security/authentication measures; 
(l) interfere with or disrupt access for any other Member, processor, host, or network; or 
(m) post any content to the Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to this Agreement, including MedicAlert’s rules and policies. 

MedicAlert may suspend, remove content, or terminate your account and your access to the Platform at any time in its sole discretion and for any reason, including any breach of these terms. MedicAlert has no obligation to monitor user content but reserves the right to review and remove any content in its discretion. 

9. Violation of Agreement 

MedicAlert reserves the right to seek all remedies available at law or in equity for any violation of this Agreement, including without limitation the right to block access from a particular Internet address or Member to the Platform. Any violation by you of this Agreement constitutes an unlawful and unfair business practice that causes irreparable harm to MedicAlert for which monetary damages would be inadequate. You consent to MedicAlert’s obtaining injunctive or other equitable relief that MedicAlert deems necessary or appropriate in such circumstances, in any court of competent jurisdiction, without the need for MedicAlert to post a bond.  These remedies are cumulative and in addition to any other remedies MedicAlert may have at law or in equity, including recovery of damages, attorneys’ fees, and costs. MedicAlert’s rights and remedies under this Section shall survive termination of this Agreement. No failure or delay by MedicAlert in exercising any right or remedy shall constitute a waiver thereof. 

10. License to Member Submissions 

By communicating with MedicAlert, including submitting or sending content to us, you retain ownership of any such content but grant MedicAlert a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and in any form, media, or technology now known or later developed. This license includes the right to incorporate the content, in whole or in part, into a MedicAlert product, service, or feature.  

You represent and warrant that you have all rights necessary to grant this license, that your submissions do not infringe the rights of any third parties, and that they are accurate, lawful, and appropriate.  You agree to indemnify and hold harmless MedicAlert from any claims arising from your submissions.  To the maximum extent permitted by applicable law, you waive any moral rights you may have in such content.  Nothing in this Section overrides MedicAlert’s obligations under its Privacy Policy or applicable laws regarding the handling of personal information.  

11. Hyperlinking to Other Websites 

The Platform may provide links to other websites or digital properties to access third-party material or by bringing the third-party material into a site via “inverse” hyperlinks and framing technology (a “Linked Site”). MedicAlert has no discretion to alter, update, or control the content on a Linked Site. The fact that MedicAlert has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and MedicAlert urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. 

You acknowledge and agree that: (i) MedicAlert is not responsible or liable for any content, products, services, advertising, security, or other materials on or available from any Linked Site; (ii) Accessing or using Linked Sites is at your own risk, and MedicAlert disclaims any responsibility for viruses, malware, or other harmful elements that may result from such use; and (iii) Your use of any Linked Site is governed exclusively by that site’s terms, conditions, and privacy/security policies and practices. 

This Section shall survive termination of this Agreement. 

12. No Medical Advice or Offers 

Nothing offered through the Platform constitutes or should be relied upon as medical advice, diagnosis, or treatment. MedicAlert does not provide medical services or practice medicine. All materials provided through the Platform are for general informational and convenience purposes only and are not a substitute for professional medical judgment, advice, diagnosis, or treatment. 

You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, accessed, or received through the Platform. 

Use of the Platform does not create a physician-patient or other healthcare provider-patient relationship between you and MedicAlert. 

13. Disclaimer of Warranties 

The Product and Platform, including Engraved, QR Code IDs, and AirTag-compatible products, are provided on an ‘as is’ and ‘as available’ basis. MedicAlert does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. MedicAlert does not warrant the performance, accuracy, or availability of QR codes, AirTags, Apple’s Find My network, RapidSOS, or any other third-party service. 

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PRODUCT AND PLATFORM ARE AT YOUR SOLE RISK. THE PRODUCT AND PLATFORM ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. MEDICALERT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PRODUCT; (B) THE PLATFORM; (C) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM; AND (D) THE ACTS OR OMISSIONS OF YOU AND OTHER MEMBERS WITH RESPECT TO THE USE OF THE PRODUCT AND PLATFORM, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. MEDICALERT MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. MEDICALERT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT OR PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PRODUCT OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

MEDICALERT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE PLATFORM BY ANY PARTY OTHER THAN MEDICALERT, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL MEDICALERT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM OR A LINKED SITE, OR A MEMBER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. 

14. General Limitation of Liability 

YOU AGREE THAT MEDICALERT, ITS AFFILIATES, ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, ASSIGNS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCT, THE PLATFORM, OR ANY LINKED SITE, EVEN IF MEDICALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM THE TRANSMISSION OF VIRUSES, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE EVENT. MEDICALERT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM OR ANY LINKED SITE. 

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS: “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.” 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDICALERT, ITS AFFILIATES, OR THEIR RESPECTIVE REPRESENTATIVES TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO MEDICALERT UNDER THIS AGREEMENT IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. 

15. Limitation of Liability for Third-Party Services 

Certain services made available through MedicAlert Products and the Platform are provided by third-party service providers, including Apple’s AirTag technology and RapidSOS integrations, and push-button alarm services. Any and all claims regarding failures, breach, or performance issues with respect to such third-party services must be directed solely to those providers. MedicAlert hereby disclaims any liability, including direct, punitive, special, consequential, incidental, or indirect damages, in connection with third-party services, and you hereby release MedicAlert from any liability with respect to the same. MedicAlert also disclaims liability for unauthorized access to, or misuse of information obtained through QR code scanning outside MedicAlert’s control. 

MedicAlert makes no representation or warranty regarding third-party services and expressly disclaims any liability, whether based in contract, tort (including negligence), strict liability, or otherwise, for any damages of any kind (including without limitation indirect, punitive, special, consequential, or incidental damages) arising out of or in connection with third-party services. You hereby release and agree to hold MedicAlert harmless from any liability with respect to third-party services. 

MedicAlert also disclaims liability for unauthorized access to, or misuse of, information obtained through QR code scanning outside MedicAlert’s control. 

Nothing in this Section limits or excludes liability for MedicAlert’s own gross negligence, willful misconduct, or any other liability that cannot be excluded under applicable law. 

16. Indemnification 

MedicAlert relies upon the accuracy of the information that you provide. Therefore, you agree to defend, indemnify, and hold harmless MedicAlert, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your provisions of incomplete, inaccurate, or misleading information to MedicAlert; (b) your violation of this Agreement; or (c) your acts or omissions in connection with your use of the Product or Platform.  

MedicAlert will have the right, but not the obligation, to assume the defense and control of any matter subject to indemnification hereunder, and you agree to cooperate fully with MedicAlert in the defense of any such claim. 

This indemnity does not apply to the extent any claim arises out of MedicAlert’s own gross negligence, willful misconduct, or other liability that cannot be excluded under applicable law. 

17. Your Contact with Advertisers 

Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Platform (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations, or warranties associated with such dealings or correspondence) are solely between you and such advertisers.  MedicAlert does not endorse, warrant, or guarantee any advertisers, advertising content, or the products or services they offer, and your use of such products or services is subject to the advertiser’s own terms and conditions and privacy policies.  To the maximum extent permitted by law, you agree that MedicAlert will not be responsible or liable for any loss or damage of any kind incurred as a result of: (a) any dealings or correspondence between you and such advertisers; (b) the content, products, or services of such advertisers; or (c) the presence of such advertisers on the Platform. 

18. Notification to MedicAlert Regarding Alleged Copyright Infringement 

MedicAlert has registered a designated agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. MedicAlert reserves the right to remove or disable access to any content on the Platform that allegedly infringes another person’s copyright. 

Notices of alleged copyright infringement should be sent to MedicAlert’s designated DMCA Agent at: 

DMCA Notices 

MedicAlert Foundation 

2016 West Monte Vista Avenue, Turlock, CA 95382 

Email: dmca@medicalert.org 

Phone: 1-800-432-5378 

A valid DMCA notice must include the following: 

  1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 
  1. Identification of the copyrighted work or works claimed to have been infringed; 
  1. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other location where the infringing material appears; 
  1. Your name, mailing address, telephone number, and email address; 
  1. A statement by you that you have a good faith belief that the use of the copyrighted material identified is not authorized by the copyright owner, its agent, or the law; and 
  1. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner. 

Counter-Notice Procedure: If you believe your content was removed in error, you may send a counter-notice to the DMCA Agent listed above that includes: (a) your signature; (b) identification of the material removed and its location before removal; (c) a statement under penalty of perjury that you believe in good faith the material was removed as a result of mistake or misidentification; (d) your contact information; and (e) your consent to the jurisdiction of the federal district court for your address. 

MedicAlert will follow the DMCA’s procedures upon receipt of a valid counter-notice, which may include restoring the removed content unless the copyright owner files an action seeking a court order. 

MedicAlert is not liable for any damages resulting from its good-faith removal or disabling of access to content pursuant to the DMCA. 

19. Governing Law and Venue 

This Agreement and any dispute, claim, or controversy arising out of or relating to the Product, Platform, or this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.  Subject to the Dispute Resolution provision in this Agreement, you and MedicAlert agree and consent that the exclusive jurisdiction and venue for all claims, actions, and legal proceedings of any kind shall be the state and federal courts located in Sacramento County, California. You hereby waive any objection to such jurisdiction and venue, including on the grounds of inconvenient forum.  This Section shall survive termination of this Agreement. 

20. Dispute Resolution 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MEDICALERT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 

By using the Product or Platform in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against MedicAlert, or any of its officers, directors, or employees, arising out of, relating to, or connected in any way to the Product, Platform, or this Agreement, or the determination of the scope or applicability of this Dispute Resolution provision, shall be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (available at www.jamsadr.com); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16; (3) the arbitration shall take place in Sacramento, California, unless the parties mutually agree to a different location or remote proceedings; (4) the arbitrator’s decision shall be controlled by this Agreement; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitation, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration may decide only your and/or MedicAlert’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive or exemplary damages against you or MedicAlert, except where such damages are expressly required by applicable law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against MedicAlert exceed $125 USD and you are unable (or not required under the rules of JAMS) to pay fees above that amount, MedicAlert will pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you demonstrate that the costs of arbitration would be prohibitive compared to litigation, MedicAlert will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Dispute Resolution provision shall remain in effect and shall be construed in accordance with its terms. If, however, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor MedicAlert shall be entitled to arbitrate the dispute. 

Notice Requirement. Before commencing arbitration, you must provide MedicAlert with written notice of your claim and a 30-day opportunity to resolve it informally. Notices should be sent to MedicAlert Foundation International, Attn: Legal Notices, 2016 West Monte Vista Avenue, Turlock, CA 95382. 

21. Assignment 

MedicAlert may sell, transfer, or assign this Agreement, your subscription account, and any associated rights or obligations at any time, without prior notice to you, subject to applicable law. Any such assignment will be binding on and inure to the benefit of MedicAlert’s successors and permitted assigns.  You may not sell, assign, or transfer your subscription account or any of your obligations under this Agreement without the prior written consent of MedicAlert. Any purported assignment or delegation in violation of this Section shall be void from inception. 

22. Entire Agreement 

This Agreement, together with MedicAlert’s Privacy Policy and any other policies expressly incorporated herein, constitutes the entire agreement between you and MedicAlert regarding the matters covered, and supersedes and merges all prior and contemporaneous agreements, letters, proposals, discussions, and other communications, whether oral or written, relating to such matters.  No oral or written information or advice given by MedicAlert or its employees or representatives shall create any contractual obligation or warranty not expressly stated in this Agreement. This Agreement may only be modified in writing by MedicAlert, including through updated terms posted on the Platform as permitted herein. 

23. Severability 

If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.  To the extent permitted by law, any such illegal, invalid, or unenforceable provision shall be deemed modified and applied in a manner that most closely reflect the original intent of the parties.  This Section shall not limit or affect the specific severability provisions set forth in Section 20 (Dispute Resolution). 

24. Effect of Termination/Survival of Selected Provisions 

Notwithstanding the expiration or earlier termination of this Agreement or Services, including any MedicAlert subscription Services, or any general legal principles to the contrary, any provisions of this Agreement that by their nature should reasonably survive termination shall survive, including without limitation: 

  • Section 6 (Automatic Renewal Policy) [to the extent applicable at the time of termination]; 
  • Section 7 (Subscription Termination); 
  • Section 8 (Permitted Use of the Product and Platform); 
  • Section 9 (Violation of Agreement); 
  • Section 13 (Disclaimer of Warranties); 
  • Section 14 (General Limitation of Liability); 
  • Section 15 (Limitation of Liability for Third-Party Services); 
  • Section 16 (Indemnification); 
  • Section 18 (Notification Regarding Copyright Infringement); 
  • Section 19 (Governing Law and Venue); 
  • Section 20 (Dispute Resolution); and 
  • Sections 21–24 (Assignment, Entire Agreement, Severability, Effect of Termination). 

These provisions shall survive termination or expiration of this Agreement to the maximum extent permitted by law.