Terms of Service Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE AGREEMENT AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ ALL OF THESE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE OUR SITES AND OUR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/25/2020.
Acceptance of Terms
This Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with EmergencyScan® Global, LLC, a Texas limited liability company (“EmergencyScan®,” “us,” “our,” or “we”), with its registered office located at 4010 Sweeney Lake Ct, Richmond, Texas 77406 and our subsidiaries and affiliates, in association with the use of our website, which includes www.emergencyscan.wpengine.com (the “Site”) and our Services (as defined below).
Description of Website Services Offered
The Site is an e-commerce website which offers the following services (collectively, the “Services”):
EmergencyScan® provides its users and customers with the ability to input emergency contact and critical emergency medical information into our secured database. Upon registration, EmergencyScan® will generate a personal QR Code that may be printed or engraved on various media; scanning this code allows access to the customer’s emergency contact and health data. Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as “users” of the Services provided for the purpose of this TOS. Once an individual registers for our Services by creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website, the Site, our applications, including mobile applications and related applications as may be made available on one or more social media networking sites, and numerous other platforms and downloadable programs, are the sole and exclusive property of EmergencyScan®. At its discretion, EmergencyScan® may offer additional website Services and/or products, or update, modify, or revise any current website content and Services, and this TOS shall apply to any and all additional Services and products and any and all updated, modified, or revised Services. EmergencyScan® reserves its right to cancel, limit, and cease offering any or all of the aforementioned Services and products, either with or without notice to you. By accessing our Site and using our Services, you, whether as an end user or member or both, acknowledge, accept, and agree that EmergencyScan® is not and shall not be held liable as a result of any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services or products. Your continued use of our Site and Services, after any such updates, changes, and/or modifications have been posted, shall constitute your agreement to and acceptance of all such updates, changes and/or modifications. For that reason, we strongly recommend that you frequently review this TOS and all of its applicable terms and policies to ensure you are aware of and understand all of the terms and policies currently in effect. If you do not agree to any updated, revised, or modified terms, policies, or Services, you must immediately stop using all of the Services. Furthermore, you understand, acknowledge, and agree that the Services offered by EmergencyScan® shall be and are being provided to you on an “AS IS” and “WHERE IS” basis, with all faults, and as such, you also understand, acknowledge, and agree that EmergencyScan® shall not have any responsibility, liability, or other obligation to you with respect to any of the Services provided, including but not limited to the timeliness, missed delivery, deletion, failure to store user content, communication, or personalization settings, or otherwise.
To register and become a “member” of the Site, you must be at least 18 years of age. In doing so, you represent and acknowledge to us that you are at least 18 years of age, and further, you confirm that you are voluntarily agreeing to enter into this TOS with the intention of forming a legally binding and enforceable contract with us. In addition, you must be in good standing, meaning that you cannot be an individual who has been previously barred or otherwise precluded from receiving EmergencyScan®‘s Services, whether under the laws and statutes of the United States, the State of Texas, or any other applicable jurisdiction, or otherwise.
When you register to become a “member,” you understand and agree that EmergencyScan® may collect certain of your personal information, such as your name, e-mail address, birth date, gender, mailing address, occupation and industry, and personal interests. You can edit your account information at any time through our Site. Understand that once you register with EmergencyScan® and sign in to use our Services, you are no longer anonymous to us.
Furthermore, this confirms that in using the Site and our Services, you acknowledge, understand, and agree to:
- furnish correct, current, and complete information with regards to yourself as may be requested by the registration process, and
- maintain and promptly update your registration and profile information in order to ensure and maintain accuracy and completeness at all times.
If you knowingly provide any information of a false, untrue, inaccurate, illegal, or misleading nature, whether in whole or in any part, you acknowledge and agree that EmergencyScan® shall at any time thereafter have sufficient grounds and rights to suspend or terminate you and your membership, as EmergencyScan® shall determine in its sole discretion, whether with or without notice to you, and further, to refuse to provide you with access to or the ability to use any or all of our Services and Site.
It is one of EmergencyScan®’s priorities to ensure the safety and privacy of all its visitors, users, and members. Members are always in control of their information. With the exception of resetting passwords, EmergencyScan®’s employees will not update or change any member data. Members are solely and wholly responsible for the accuracy and completeness of the information they submit to EmergencyScan® or input into EmergencyScan®’s platform.
Member Account, Username, Password and Security
When you set up an account, you are the sole authorized user of your account. You alone shall be responsible for maintaining the secrecy and confidentiality of your password, and for all activities that transpire on or within your account. You are in all things fully responsible for any act or omission of any other person who has access to your account or your information, that, if undertaken by you, would be deemed a violation of this TOS. You MUST notify EmergencyScan® immediately if you notice any irregularity or unauthorized access to or use of your account or password or any other breach of security. You understand and agree that EmergencyScan® shall not be held liable for any loss or damage to you arising from any failure to comply in full with the terms and conditions of this TOS.
As a user or member of the Site, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, and other content, whether it is publicly or privately posted or transmitted (collectively, the “Content”), is the sole responsibility of the individual from whom such Content originated. This means that you alone are solely responsible for any and all Content posted, uploaded, emailed, transmitted, or otherwise made available to us or by way of our Services. As such, you understand and agree that we cannot and do not guarantee the accuracy, integrity, or quality of any such Content. You expressly understand and agree that by using our Services, you may receive or be exposed to such Content, including but not limited to any errors or omissions in any such Content, and further, you release EmergencyScan® in full for any loss or damage of any kind or nature that you may incur as a result of any such Content, whether posted, emailed, transmitted, or otherwise used or made available by EmergencyScan®.
By using our Site and Services, you acknowledge, agree, and represent to us that you will not use or allow to be used any of our Services or the Site for any of the following purposes:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any EmergencyScan®
officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with us or any other individual or entity;
- forging or falsifying any information, including captions, headings, and titles, that you offer or submit;
- offering or submitting any information or Content that you have no right to offer or submit, whether under law or otherwise;
- uploading, posting, emailing, transmitting or otherwise offering or submitting any information or Content that may or does infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of us or any other person or entity;
- uploading, posting, emailing, transmitting or otherwise offering or submitting any information or Content that you do not have the right to offer or submit;
- uploading, posting, emailing, transmitting, or otherwise offering or submitting any unsolicited or unauthorized advertising, promotional flyers, junk mail, spam, or any other similar form of solicitation, except in any such areas that we have expressly designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering or submitting any information or data that may or does contain malware, a software virus, or other computer code, including any files or programs designed to interfere, destroy, or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect any other user’s ability to use or Site or Services or participate in any real time interactions;
- interfering with, disabling, altering, or disrupting our Site or any of our Services, including any servers and networks that may be connected or related to our Site, including but not limited to the use of any device, software, or routine to bypass the robot exclusion headers;
- violating, whether intentionally or unintentionally, any local, state, federal, national or international law, including but not limited to rules, guidelines, and regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or otherwise acting with the intent to threaten or harass another individual; and/or
- Collecting, storing, or using any data relating to any other member or user.
EmergencyScan® reserves its right to pre-screen, refuse, and/or delete any content currently available through our Site or Services. In addition, we reserve the right to remove and/or delete any such content that would violate this TOS or which would otherwise be considered offensive to other visitors, users, and/or members.
EmergencyScan® reserves its right to access, preserve, and/or disclose member account and personal information and content if required or requested to do so by law or law enforcement or in our good faith belief that any such action is deemed necessary for:
- compliance with any legal process;
- enforcement of this TOS;
- responding to any claim that any such information or content violates the law or the rights of
any person or entity;
- responding to requests for customer service; or
- protecting the rights, property, or safety of us, our visitors, users, and members, and the general
EmergencyScan® reserves its right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by us or any other content providers supplying content services to us. You are therefore prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, any unauthorized reproduction, publication, distribution, or exhibition by you or on your behalf of any information or materials supplied on our Site or by our Services, whether in whole or in any part, is expressly prohibited.
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, by using our Services, Site and network, you agree to comply with all rules relating to online conduct, including rules governing which is considered acceptable Content. Uploading, posting, and/or transferring any software, technology, or other technical data may be subject to the export and import laws of the United States, and possibly other countries as well. By using our Site and network, you agree to comply with all applicable export and import laws, statutes, and regulations of the United States and any other relevant countries, including but not limited to the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the United States sanctions control program (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, by using our Site, network, and Services, you state, confirm, and pledge to us that you:
- are not on any list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in any applicable export and import laws and regulations;
- agree not to transfer any software, technology, or any other data through the use of our Site, network, or Services to any export-prohibited country;
- agree not to use our Site, network, or Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of any applicable law, including the U.S. import and export laws; and
- agree not to post, transfer, or upload any software, technology, or any other data which would be in violation of any applicable law, including any applicable export and/or import laws.
Content Placed or Made Available For Company Services
EmergencyScan® will not assert any claim of ownership to any information or Content submitted by you, nor will we make such information or Content available for inclusion on our Site or in our Services. By using our Site, network, and Services, you allow, permit, and grant to us worldwide, irrevocable, royalty- free, and non-exclusive licenses, as may be applicable, in all of the following:
- For all information and Content submitted or made available for inclusion on the publicly accessible areas of EmergencyScan®’s sites, including the Site, the above-referenced license to permit us to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said information and Content on our Site and network and in our Services for the purpose of providing and promoting the specific area to which such information and Content was placed and/or made available for viewing. The license granted herein shall be available for so long as you are a user or member of our Services and sites, including the Site, and shall terminate at such time when you advise us of your election to discontinue your use or membership.
- For all photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of EmergencyScan®’s sites, including the Site, the above-referenced license to permit us to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said materials on our Site and network and in our Services for the purpose of providing and promoting the specific area in which such materials were placed and/or made available for viewing. This license granted herein shall be available for so long as you are a user or member of our Services and sites, including the Site, and shall terminate at such time when you advise us of your election to discontinue your use or membership.
- For all other information and Content submitted or made available for inclusion on the publicly accessible areas of EmergencyScan®’s sites, including the Site, the above-referenced license, which shall be continuous, binding and completely sublicensable, which is meant to permit us to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said information and Content, whether in whole or in part, and the incorporation of any such information and Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas of EmergencyScan®’s sites, including the Site, are those such areas which are meant to be openly available to the general public, and includes message boards and groups that are openly available to both users and members.
Contributions to Company Website
EmergencyScan® may provide an area on our Site for our users and members to contribute feedback to us and our website. When you submit ideas, documents, suggestions and/or proposals (collectively, “Contributions”) to us through our Site, you acknowledge and agree that:
- your Contributions do not contain any type of confidential or proprietary information;
- we shall not be liable for or under any obligation to preserve or ensure or otherwise maintainany confidentiality, whether expressed or implied, related to any Contributions;
- We are entitled to use and disclose any such Contributions in any manner as we may see fit;
- your Contributions shall automatically become our sole property; and
- We are under no obligation to compensate you or otherwise provide any form of payment,reimbursement, or consideration to you in any manner or nature.
By using our Services, Site, and network, you agree to insure, indemnify, and hold EmergencyScan® Global, LLC, our subsidiaries, affiliates, agents, employees, members, managers, officers, partners and licensors harmless, blameless, and not liable, to the fullest extent permitted, for any claim or demand, including but not limited to any claim or demand for losses, including reasonable attorney fees, made by any person or entity which arises or which may arise from or as a result of any information or Content that you submit, post, modify, transmit, or otherwise supply or make available, whether through your use of our Services and the Site or your connection with these Services, your violations of this TOS and its terms of service, your violation of any rights of any other person or entity, or otherwise.
Commercial Reuse of Services
By using our Services, Site, and network, you agree not to replicate, duplicate, copy, trade, sell, resell, or exploit for any reason, whether commercial or otherwise, all or any part, use of, or access to our sites, including the Site, and our Services.
Use and Storage General Practices
By using our Services, Site, and network, you acknowledge and agree that EmergencyScan® may establish, with or without notice, any such practices or limits regarding the use of our Site and Services, including without limitation (a) the maximum number of days that any email, message posting, or any other uploaded information or Content shall be retained by us, (b) the maximum number of email messages that may be sent and/or received by any member, (c) the maximum volume or size of any email message that may be sent from or may be received by a member, (d) the maximum disk space allowable that shall be allocated on our servers on any member’s behalf, and (e) the maximum number of times and/or duration that any member may access our Site or Services in a given period of time. In addition, you also acknowledge and agree that EmergencyScan® has absolutely no responsibility or liability whatsoever for the deletion, removal, or failure to maintain or store any messages, communications, information, or Content used or maintained on or transmitted to or by our Site or in connection with our Services. You also acknowledge and agree that we have the right, with or without notice, to delete or remove at our discretion any account that is no longer active for an extended period of time that we determine. Furthermore, we reserve our right to amend, modify, alter, or update these or any other general practices or limits at our discretion, with or without notice.
EmergencyScan® reserves its right at any time that it deems fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services and Site, or any parts thereof, with or without notice. In addition, you understand and agree that we shall not be held liable to you or to any other person or entity for any such alteration, modification, suspension, or discontinuance of our Services or Site, or any parts thereof.
As a member of www.EmergencyScan®.net, you may cancel or terminate your account, including any associated email address, and your access to our Site and Services, by submitting a cancellation or termination request to support@EmergencyScan®.net.
As a member, you agree that EmergencyScan® may, with or without notice, immediately suspend, terminate, discontinue, and/or otherwise limit your account, any email associated with your account, and/or your access to our Site and any of our Services. In addition to all of those reasons set forth above, the reasons for any such termination, discontinuance, suspension, and/or limitation by us include, but are not limited to, any or all of the following:
- any breach or violation by you of this TOS or any other incorporated or applicable agreement, regulation, law, policy, standard, or guideline;
- a request from law enforcement or any other governmental agency;
- the discontinuance, alteration, or modification of or to our Site or Services, or any parts thereof;
- unexpected technical or security issues or problems;
- extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and
- your failure to pay all or any portion of any fees or other charges that may be owed by you orthat we may charge to you in connection with your account, our Site, or your use of any of our Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
Any termination of your account, whether initiated at your request or by us for any of the reasons set forth in this TOS, will result in:
- the removal of your access to all or any part of the Services offered by us or on our Site;
- the deletion of your password and any and all related information, files, and Content in or associated with your account, or any part thereof; and
- the barring of any further use by you of all or any part of the Services offered by us or on our Site.
You understand and agree that any correspondence or business dealings that you might have or enter into with, or your participation in any promotions of, any advertisers on our Site or through our Services, including the payment by you to and delivery of any goods or services from any such advertisers, and any and all other terms, conditions, warranties, and/or representations associated in any way with your correspondence, dealings, or participation with any such advertisers, are and shall be solely between you and any such advertiser, and you acknowledge and agree that we are not and shall not be held responsible or liable in any way, whether directly or indirectly, for any loss or damage of any nature or manner that you may incur or which may be as a result of or caused or allegedly caused by or in connection with any such correspondence, dealings, or participation, or as a result of the presence of any such advertisers on our Site or in or through our Services.
You understand that EmergencyScan® and other third parties may provide links to other websites and/or resources, and you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and that we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials on or available from any such third parties or their sites or resources. Furthermore, you acknowledge and agree that we are not and shall not be held responsible or liable in any way, whether directly or indirectly, for any loss or damage of any nature or manner that you may incur or which may be as a result of or caused or allegedly caused by or in connection with your use of or reliance on any such content, goods or services made available on or through any such site or resource.
You understand, acknowledge, and agree that all of EmergencyScan®’s Services, the Site, and all essential software that may be used in connection with our Services (collectively, the “Software”) contains valuable proprietary and confidential material that we own and that is protected by applicable intellectual property rights and laws.
Furthermore, you understand, acknowledge, and agree that information and content contained in advertisements or information presented on our Site or by and through our Services or by advertisers is or may be protected by one or more copyrights, trademarks, patents, or other proprietary rights and laws.
Except to the extent expressly permitted by applicable law or authorized in advance by us in writing, you understand and agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works that are based, in whole or in any part, on any of our proprietary or confidential information or materials, including but not limited to our Site, Services, and Software.
EmergencyScan® has granted you personal, non-transferable, and nonexclusive rights and/or license to use our Site, Services, and Software, but only for so long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in our Site, Services, and Software. Furthermore, you agree not to alter or change our Site, Services, or Software in any manner, nature or form, and you also agree not to use any modified versions of our Site, Services, and Software for any purpose, including without limitation, for the purpose of obtaining unauthorized access to our Site or Services. Lastly, you agree not to access or attempt to access our Site or Services through any means other than through the interface which is provided by us for use in accessing our Services.
BY USING EmergencyScan®’S SERVICES, SITE, AND SOFTWARE, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT:
- THE USE OF OUR SERVICES, SITE, AND SOFTWARE ARE AT THE SOLE RISK OF AND BY YOU. ALL OF OUR SERVICES, SITE, AND SOFTWARE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS ” BASIS, WITH ALL FAULTS.
- EmergencyScan® AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- EmergencyScan® AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS, AND LICENSORS MAKE NO WARRANTIES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT (i) OUR SERVICES, SITE, OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OUR SERVICES, SITE, OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) ANY RESULTS THAT MAY BE PROVIDED OR OBTAINED FROM THE USE OF OUR SERVICES, SITE, OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS THAT MAY BE PURCHASED OR OBTAINED BY YOU FROM OR THROUGH OUR SERVICES, SITE, OR SOFTWARE WILL MEET YOUR EXPECTATIONS; and (v) THAT ANY ERRORS CONTAINED IN ANY OF OUR SERVICES, SITE, OR SOFTWARE WILL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU BY WAY OF OUR SERVICES, SITE, OR SOFTWARE SHALL BE ACCESSED BY YOU AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AND DO HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT YOU HAVE OR MIGHT HAVE AGAINST US WITH RESPECT TO ANY DAMAGE OR LOSS TO YOU OR YOUR COMPUTER OR YOUR INFORMATION OR DATA THAT RESULTS FROM ANY SUCH INFORMATION OR MATERIAL THAT YOU HAVE DOWNLOADED OR OTHERWISE OBTAINED.
- NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM US OR BY WAY OF OR FROM OUR SERVICES, SITE, OR SOFTWARE SHALL CREATE ANY WARRANTY OF ANY NATURE WHATSOEVER.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES, SITE, OR SOFTWARE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION WHILE USING OUR SERVICES, SITE, SOFTWARE, IMMEDIATELY CONSULT A PHYSICIAN, PARTICULARLY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Limitation of Liability
BY USING OUR SERVICES, SITE, AND SOFTWARE, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT EmergencyScan® AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
MEMBERS, MANAGERS, PARTNERS, AND LICENSORS ARE NOT AND SHALL NOT BE HELD LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN THOUGH YOU HAVE NOW BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES AND LOSSES MAY OCCUR AND RESULT FROM AT LEAST ANY OF THE FOLLOWING EVENTS:
- ANY USE OR INABILITY TO USE OUR SERVICES, SITE, OR SOFTWARE;
- ANY COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INFORMATION, OR DATA;
- ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY, PERSON, OR ENTITY; AND
- ANY AND ALL OTHER MATTERS RELATED IN ANY WAY TO OUR SERVICES, SITE, OR SOFTWARE.
In the event that you have any dispute against us or arising under or in connection with this TOS, our Site, or our Services, you agree to fully release us and all of our officers, directors, employees, agents, members, managers, parents, subsidiaries, affiliates, co-branders, and partners from and against any and all claims, demands, losses, and damages (whether actual or consequential) of any and every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.
All information and content provided by EmergencyScan® on its Site or in connection with our Services is provided primarily for informational purposes. You understand and agree that we are not and shall never be held responsible or otherwise liable for the accuracy, usefulness, suitability, or availability of any information or content transmitted or made available by us or by way of our Site or Services, or for any decisions that may be made by any other person or entity based on any such information or content.
Exclusion and Limitations
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. NO THIRD PARTY BENEFICIARIES
You understand, acknowledge, and agree that this TOS constitutes an agreement solely between you and EmergencyScan® and it is not intended to and shall not confer any rights, remedies, obligations, or liabilities, whether legal or equitable, on any person other than you and us and our successors, designees, and assigns. Nothing in this TOS, whether expressed or implied, (a) creates any third party rights, (b) confers any rights or remedies under or by reason of this TOS on any other person or entity other than you and us and our successors, designees, and assigns, or (c) relieves or discharges the obligation or liability of any third party to either you or us.
EmergencyScan® may furnish you with notices, including those addressing any changes to this TOS, by but not limited to email, regular mail, MMS or SMS text messaging, postings on our Site, or any other reasonable means currently known or that may be hereinafter developed. You understand that any such notices may not be received by you if you violate certain aspects of the TOS by, for example, accessing our Site and Services in an unauthorized manner. Your acceptance of this TOS constitutes your understanding and agreement that you are and will be deemed to have received any and all notices that would have been delivered had you accessed our Site and Services in an authorized manner.
You acknowledge, understand, and agree that all of EmergencyScan®’s trademarks, copyrights, trade names, service marks, and other logos, brand features, and product and service names are protected under applicable law and are and at all times shall remain the sole and exclusive property of EmergencyScan®, and you agree not to display or use in any manner any such property of EmergencyScan® without obtaining our prior written consent.
Copyright or Intellectual Property Infringement Claim Notice & Procedures
EmergencyScan® respects the intellectual property of others, and we insist that all of our users and members do likewise. In appropriate circumstances as we in our sole discretion deem necessary, we may disable and/or terminate the accounts of any user or member who violates this TOS or violates or infringes upon the rights of others. If you believe that any of your protected work or information has been duplicated in such a way that would constitute infringement under applicable law, or if you believe that your intellectual property rights have in any way been violated, you should provide to us all of the following information:
- The electronic or the physical signature of the individual who is authorized to act on behalf of the owner of the applicable intellectual property right or interest;
- A description of the protected work or other intellectual property right that you believe has been violated or infringed upon;
- A description of the location that you believe has been infringing upon your work or information;
- Your physical address, telephone number, and email address;
- A statement that the alleged use of your work or information is not authorized by the owner, its agents, or the law; and
- A statement, made under penalty of perjury, that all of the aforementioned information in your notice is truthful and accurate, and that you are either the intellectual property owner or the representative or agent authorized to act on behalf of the intellectual property owner.
EmergencyScan®’s agent for notice of all claims, including claims of copyright or other intellectual property infringement, can be contacted as follows:
EmergencyScan® Global, LLC
This TOS constitutes the sole and entire agreement between you and EmergencyScan® and shall govern the use of our Site and Services, superseding any prior version of this TOS between you and us with respect to our Site and Services.
You may also be subject to additional terms and conditions that may apply when you use or purchase certain other of our Services, affiliate or third party Services, third party content, or third party software.
Choice of Law and Forum
By using our Services, Site, and Software, you expressly understand, acknowledge, and agree that this TOS shall in all respects, including all matters of construction, validity, and performance, be governed by and construed in accordance with the laws of the State of Texas without regard to any conflict of laws principles or provisions thereof. For purposes of any claims arising under this TOS or in connection with our Site or any Services provided by us, you hereby submit to the exclusive jurisdiction of the state courts of the State of Texas having jurisdiction in Fort Bend County, Texas, and you agree not to raise or make any objection to or motion or defense based upon the venue of any such court or action or based upon the common law or statutory doctrines of forum non conveniens or based upon removal or transfer to the federal courts of the United States of America. You further acknowledge, agree, and stipulate that venue of any and all claims or actions arising in any way from, relating in any way to, or brought under or in connection with this TOS or in connection with our Site or any Services provided by us shall lie solely and exclusively in Fort Bend County, Texas, and you hereby consent to personal jurisdiction and venue in Fort Bend County, Texas.
Waiver of Jury Trial
BY USING OUR SERVICES, SITE, AND SOFTWARE, YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS THAT YOU MAY HAVE TO REQUEST OR DEMAND THAT ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM BASED UPON OR ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, THE SITE, THE SOFTWARE, ANY SERVICES PROVIDED BY US, THE RELATIONSHIPS OF THE PARTIES, OR ANY DISPUTE BETWEEN YOU AND US BE TRIED BY A JURY. THESE WAIVERS OF YOUR RIGHTS TO A JURY TRIAL EXTEND TO ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY ARISING FROM ANY SOURCE, INCLUDING ANY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING YOUR RIGHT TO DEMAND TRIAL BY JURY AS SET FORTH HEREIN.
Waiver and Severability of Terms
No delay of or omission in the exercise of any right, power, or remedy accruing to or by EmergencyScan® as a result of any breach or default by you under this TOS or otherwise shall impair any such right, power, or remedy, nor shall it be construed as a waiver of or acquiescence by EmergencyScan® in any such breach or default or of any similar breach or default occurring later; nor shall any waiver by EmergencyScan® of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.
If any provision of this TOS or any remedy provided in this TOS is found to be invalid, illegal, or unenforceable in part or in whole under any applicable Law, such provision or remedy, or portion thereof, shall be inapplicable and deemed omitted from this TOS, but the remaining provisions shall continue in full force and effect, and you and EmergencyScan® shall promptly negotiate in good faith new provisions in an effort to eliminate the invalidity, illegality, or enforceability and to restore this TOS as near as possible to its original intent and effect.
No Right of Survivorship Non-Transferability
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT REGARDLESS OF ANY STATUTE OR APPLICABLE LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU HAVE OR MAY HAVE AGAINST US THAT ARISES OUT OF OR IS RELATED IN ANY WAY TO OUR SERVICES OR THE SITE OR THE SOFTWARE OR THIS TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SAID CLAIM OR CAUSE OF ACTION ACCRUED, OR SHALL BE FOREVER BARRED.
Please report any and all violations of this TOS to us as follows:
EmergencyScan® Global, LLC