Terms of Use

Emergencylink

Terms of Use

Last updated April 15, 2013

 

Introduction

These terms of use (“Terms of Use”) constitute a legal agreement between you and EmergencyLink, LLC and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future operate (“EmergencyLink,” “we,” “our” or “us”). As used in these Terms of Use, the words “you” and “your” refer to you, the user of EmergencyLink’s website, device or applications, as the party agreeing to these Terms of Use. The term “Site” includes all websites and all devices or applications that we operate that link to these Terms of Use, pages within each such website, device or application, any equivalent, mirror, replacement, substitute or backup website, device or application and pages that are associated with each such website, device or application. The use of the word “including” in these Terms of Use to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms of Use apply to the Site and all related products and services we offer on the Site (together with the Site, the “Service”).

BY REGISTERING FOR THE EMERGENCYLINK SERVICE OR ANY OTHER SERVICE PROVIDED THROUGH THE SITE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH GOVERN YOUR USE OF THE EMERGENCYLINK SERVICE. YOU AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT REGISTER FOR THE EMERGENCYLINK SERVICE. YOU WILL NOT BE GIVEN ACCESS TO THE EMERGENCYLINK SERVICE UNLESS YOU ACCEPT THESE TERMS OF USE.

 

The following is a brief summary of these Terms of Use:

  • These Terms of Use describe your rights and responsibilities in connection with your use of the Service.

  • As between EmergencyLink and you, you own any content you post to the Service.

  • We will only use your content to the extent necessary to provide you with the Service.

  • Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.

 

1. Acceptance of Terms

By using or accessing any part of the Service, you are agreeing to these Terms of Use, our Privacy Policy and all other policies or notices posted by us on our websites.

If you don’t agree to these Terms of Use, don’t use the Service. It is your responsibility to review these Terms of Use from time to time for any changes. If you use the Service after we have changed any of the Terms of Use, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.

Depending on your activities when visiting the Site or using a particular Service, you may be required to agree to additional terms and conditions as indicated on the applicable Site or via the particular Service.

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. You can review the Privacy Policy at www.emergencylink.com/privacy-policy. The Privacy Policy is incorporated by reference into these Terms of Use.

 

2. Permission to Use the Service

You have our permission to use the Service, but only if:

  • you are at least 13 years old (or, if you are under the age of 13, you have been allowed to register to use the Service by your parent or legal guardian);

  • you do not copy or modify the Service or any part of the Service;

  • you follow all the rules and restrictions in these Terms of Use.

We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, distribute, transmit, broadcast, sell or do anything else with the Service for any other purpose.

 

3. Accounts; Passwords; Security

You will need to register and create a personal account in order to use the Service. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information or a phony name or phony contact information, unless you are a parent or legal guardian setting up and maintaining an account for your child. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account.

We may give you the option of using secondary security credentials to verify your identity when your account is accessed. If you choose this feature and subsequently lose your security credentials, you may not be able to access your account until you have contacted our technical support group and your request has been processed.

 

4. Payment

EmergencyLink charges an annual subscription fee to participate in our Emergency Response Service. In connection with joining our Emergency Response Service, you will be asked to provide customary billing information such as name, billing address and credit card information either to EmergencyLink or its third party payment processor. You agree to pay EmergencyLink for your use of the Emergency Response Service in accordance with these Terms and you hereby authorize the collection of such amounts by charging the credit card provided by you, either directly by EmergencyLink or indirectly, via its third party online payment processor. If you are directed to EmergencyLink’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. The entire Subscription Fee will be payable in advance. All Subscription Fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

Please note that your ability to use the Emergency Response Service pursuant to the annual subscription fee will automatically renew each year unless you notify EmergencyLink of your desire to terminate your use of the Emergency Response Service before the end of the current annual term. Consequently, you agree to pay EmergencyLink the subscription fees on an annual basis and you authorize EmergencyLink or its third party payment processors to charge your credit card on the twelve month anniversary of the date the subscription fees were initially paid by you to EmergencyLink for your use of the Emergency Response Service. You may cancel your use of the Emergency Response Service by contacting EmergencyLink at customerservice@emergencylink.com

 

5. User Content

You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By “User Content,” we mean any Content you post to the Service. “Content” means information, data, text, documents, software, photos, graphics, videos, messages, tags, interactive features or any other materials. When we say “post,” we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.

You warrant and represent to us that you either own all the User Content you are posting or have the right to post the User Content. Furthermore, you warrant and represent that you have the right to allow us to make your User Content available for others who you invite to access your information or records to view and use as part of the Service, without requiring that any such use be subject to additional obligations or terms. If you cannot make these warranties and representations, do not post the User Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, we do need you to grant us certain rights that are necessary to host your User Content and make it available to you as part of the Service. Accordingly, you hereby grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Content in connection with the Service, in any media formats or in tangible form and through any media channels now known or hereinafter developed.

While we use industry standard security processes and procedures to protect the User Content stored on our systems from unauthorized access and disclosure, if you share access to your User Content or allow someone to use your access credentials, we are not responsible for keeping it confidential.

In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) protect against imminent harm to the rights, property or safety of EmergencyLink, our users or the public as required or permitted by law; or (e) assist an emergency health service organization providing you with medical care consistent with a response plan you select.

We will not review any User Content unless you specifically request assistance from our support team or have otherwise given us permission to do so (such as in an emergency or other specified event when disclosure of such User Content is consistent with the response plan specified by you). We do not endorse any User Content or support any views, opinions, recommendations or advice that may be in User Content. We make no promises about the reliability of any source or the accuracy, usefulness, safety or intellectual property rights of any User Content. You agree not to hold us responsible in any way for your use of our Service.

 

6. Restrictions on Your Conduct

You may not:

  1. use the Service for any illegal purpose;

  2. submit User Content that you do not have the right to submit, unless you have the owner’s permission (this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity or any other proprietary right);

  3. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;

  4. submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;

  5. submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law or is otherwise inappropriate;

  6. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

  7. impersonate anyone else or lie about your affiliation with another person or entity;

  8. use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;

  9. upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service or harm or corrupt our or anyone else’s computer systems or data;

  10. use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws or any other laws protecting children;

  11. collect or gather other people’s personal information (including account information) from our Service;

  12. submit User Content that disparages us or our partners, vendor or affiliates;

  13. solicit, for commercial purposes, any users of our Service;

  14. decompile, reverse engineer, disassemble or otherwise reduce the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;

  15. copy, frameset, enclose or otherwise distribute any part of the Service; or

  16. disable, interfere with or otherwise try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content or enforcing the limits on the use of the Service or the Content on the Service.

If we become aware that you have violated these restrictions, we have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason or to suspend your account and access to the Service.

 

7. In Case of Emergency Information Services

We provide In Case of Emergency (“ICE”) information services to allow users to store their important medical information, emergency contact information and other medical and health-related information on our site. EmergencyLink does not guarantee 100% availability. EMERGENCYLINK does not verify the completeness, truth or accuracy of any of the information uploaded to THE SITE or that it is associated with the correct individual, and disclaims all liability in connection with posted ICE information.

You understand that it is your sole responsibility to update your account in the event of any changes in medical conditions, medications, allergies or any personal wishes associated with your account. You agree that EmergencyLink is not liable for communicating out-of-date information to emergency personnel or others you have designated to receive information stored under your account.

You understand that EmergencyLink will attempt to establish contact with you and/or your designated contacts in the event that a verified emergency incident has occurred. You agree that EmergencyLink will not be held liable for failure to establish contact with any of your designated contacts or for any failure to provide information from your account to emergency personnel or other persons.

 

8. Proprietary Rights

EmergencyLink and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and Content included in the Service (other than User Content). If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

All brand, product and service names used in the Service that identify EmergencyLink or our suppliers and our or their proprietary products and services are the trademarks or service marks of EmergencyLink or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of EmergencyLink or such supplier with respect to any such image, logo or name.

 

9. How to Communicate with Us

If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support), you should contact us through our customer support department at customerservice@emergencylink.com or via phone at 1-800-461-4100 or by regular mail at 2121 Rosecrans Avenue, Suite 1300, El Segundo, CA 90245.

 

10. Storage and Availability

We are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you submit, or any other Content, beyond any term that you are a customer of the Service. You are solely responsible for keeping back-ups of everything you post on our Service and we have no obligation to return any User Content to you.

You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Under no circumstances will EmergencyLink or our suppliers be held liable for any damages due to such interruptions or lack of availability.

 

11. Sale of Products

Our Service may include the offer for sale of certain products or services (“Products”). Any offer for sale or purchase of Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply.

 

12. Links to Other Sites

Our Service may contain links to other websites that we do not own or control. We are not responsible for any of these other websites. You agree that we are not responsible for any aspect of these other websites, including their content, privacy policies or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

 

13. Warranty Disclaimer

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. EMERGENCYLINK AND OUR AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EMERGENCYLINK AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, OR PROMISE THAT (A) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE, ANY CONTENT OR DATA, OR THAT EMERGENCYLINK WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND EMERGENCYLINK SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

 

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, EMERGENCYLINK AND OUR AFFILIATES, SUPPLIERS AND PARTNERS, and their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY indirect, INCIDENTAL, special, punitive or CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS or UNAUTHORIZED access OF your user content, or loss of REVENUE OR PROFIT) ARISING from or related to YOUR USE OF THE SERVICE OR any content provideD BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE our SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM our SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EMERGENCYLINK’S LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT YOU HAVE PAID IN THE TWELVE MONTHS PRECEDING A CLAIM OR ONE HUNDRED DOLLARS ($100).

 

15. Indemnity

You agree to indemnify, defend (if we so request) and hold harmless EmergencyLink and our affiliates, suppliers, partners, officers, agents and employees from and against any claim, demand, losses, costs, damages, liabilities or expenses (including attorneys’ fees, costs and expenses) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Use or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Service.

 

16. Termination and Suspension

We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Use, your failure to pay any fees when due, upon the request of law enforcement or government agencies, after extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. We also reserve the right to refuse, restrict, discontinue or terminate the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).

Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Service. You understand that we may also, in our sole discretion, (a) continue to make your User Content available on the Service even if your use of the Service is terminated or suspended and (b) put your User Content in a suspended state until your account is renewed or until we permanently delete all users, data and documents associated with your account. You understand that we have no obligation to return your User Content upon any termination or expiration of your permission to use the Service. We have no obligation to export your data. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.

 

17. Export Control

You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations.

 

18. Additional Terms

Portions of the Service may be accompanied by additional terms that apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.

 

19. Governing Law and Dispute Resolution

These Terms of Use are governed by laws of the state of California, without respect to its conflict of laws principles that would result in the application of the laws of another jurisdiction. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Use shall be the state and federal courts located in Los Angeles, California and each party hereby consents to the exclusive jurisdiction and venue of such courts.

YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.

TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND EMERGENCYLINK SPECIFICALLY AGREE TO DO SO IN WRITING.

 

20. General Terms

These Terms of Use, together with our Privacy Policy and any other legal notices we have published on the Service, constitute the entire agreement between you and us regarding the Service. If a court having proper authority decides that any portion of these Terms of Use is invalid, only the part that is invalid will not apply and the rest of these Terms of Use will still be in effect. If we waive any of our rights under these Terms of Use in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.