WEBSITE TERMS AND CONDITIONS OF USE

Last modified: January 15, 2023
Effective date: January 15, 2023

ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE

The Terms and Conditions of Use (“Terms and Conditions”) govern your access of MedicAlert’s website (the “Website”), whether accessed: (a) on a computer at www.medicalert.ca; (b) on MedicAlert social media properties; or (c) by mobile device, and constitute a legally binding agreement entered into by you (“Users,” “you,” or “your”) and Medic-Alert Foundation Canada Incorporated d.b.a MedicAlert Canada, a registered Canadian charity (“MedicAlert,” “us,” “we,” or “our”), which governs your access to and use of the Website, including any content, functionality, products, or services.

BY ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://www.medicalert.ca/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

IF YOU ARE UNDER THE AGE OF 18 (“MINOR”), YOU MUST SEEK PERMISION OF YOUR PARENT/GUARDIAN PRIOR TO ACCESSING THE WEBSITE OR SIGNING UP FOR OR PURCHASING MEDICALERT’S PRODUCTS OR SERVICES. BY ACCESSING THE WEBSITE, YOU REPRESENT, WARRANT AND SIGNIFY THAT YOUR PARENT/GUARDIAN (ALSO REFERRED TO AS “YOU”) HAS APPROVED AND CONSENTED TO YOUR USE OF THE WEBSITE AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS ON YOUR BEHALF AS THEY MAY BE AMENDED FROM TIME TO TIME; IF YOU ARE THE PARENT/GUARDIAN OF A PERSON UNDER THE AGE OF 18, YOU REPRESENT, WARRANT, AND SIGNIFY THAT YOU WILL BE FULLY RESPONSIBLE FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting, are indicated by the “Last modified” date above and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions to be aware of any such modifications and acknowledge that your continued use constitutes acceptance of changes. If any changes are deemed material, they shall be communicated to you at least 30 days prior to their effective date. After their effective date your continued use of the website indicates your acceptance of the changes made to the Terms and Conditions.

The information and material on the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. MedicAlert is not liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

YOUR USE OF THE WEBSITE AND SECURITY

The security of your Personal Information is very important to us. Personal Information within these Terms and Conditions has the same meaning as in the Personal Information and Protection of Electronic Documents Act, S.C. 2000, c. 5. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a User's internet connection are aware of these Terms and Conditions and comply with them. The Website, or parts of the Website, may require User registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Further, it is your responsibility to keep this information confidential, where necessary, and prohibit unauthorized access of the Website via the use of your information.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

REGISTRATION FOR SERVICES

Certain areas of the Website may require that you register for Services in order to be granted access. The following eligibility requirements are applicable for registration for MedicAlert Services:

1. You are at least 18 years of age; and
   1. Applying on your own behalf; or
   2. Applying on behalf of a Minor, or an adult person who is not capable of applying for our Services for himself, herself, or themselves (“Vulnerable Subscriber”), and you are completing the application as an Authorized Representative (“Authorized Representative” also referred to as “Users,” “you,” or “your”, where applicable).

You are responsible for maintaining the confidentiality of your registration information (including without limitation and, as applicable, any log-in credentials or password) and for all uses of your registration information, whether or not authorized by you. MedicAlert is not liable for any loss of password or inability to retrieve or reset your password. You agree to immediately notify MedicAlert of any unauthorized use of your registration information or of any other breach of security of which you are aware.

ACCOUNT SET-UP

Any username, password, or any other piece of information related to the administration of or access to the Website, chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer or network so that others are not able to view or record your password or other Personal Information. You understand and agree that should you be provided an account, your account is personal, and use should be restricted to you. You agree not to provide any other person with access to your account or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are liable for any misuse of information related to the administration of your account, any unauthorized access, and any incidents that may result.

REPRESENTATION AND WARRANTIES

You represent and warrant (promise) to us that you:

1. Meet the eligibility requirements above and can legally act on behalf of yourself, the applicable Minor or the applicable Vulnerable Subscriber.
2. You will use the Website for your personal and non-commercial use.
3. Your use of the Website shall not in any manner violate any applicable law, including any law regarding the export of data, software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others).
4. Your use of the website shall not involve, provide, or contribute any false, inaccurate, or misleading information, including the same in relation to your Personal Information.
5. You understand that MedicAlert relies on these representations and warranties when making the use of the Website available to you and others.

PURCHASES OF PRODUCTS AND SERVICES

All purchases of our Products and Services are subject to the terms and conditions of the Subscriber Agreement, found at https://www.medicalert.ca/subscriber-statement also incorporated herein.

MERCHANDISE AVAILABILITY

Merchandise availability on our Site is not guaranteed as it may be low in stock or unavailable. If merchandise is not available by the time your order processes, we will contact you directly.

We may choose not to process or to cancel your order to purchase Product or Services if we deem it appropriate, in our sole discretion. Reasons for cancellation may include a pricing error, suspected fraudulent activity, or unavailability of the requested Product. In the event we need to cancel or not process a purchase request, we will not charge you, or we will refund you the charges, for the applicable order that is cancelled/not processed.

MedicAlert reserves the right to change prices, content, product descriptions or other information, revoke an offer, and correct errors, inaccuracies, or omissions on the Website without any notice to you of such changes.

INTELLECTUAL PROPERTY RIGHTS

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by MedicAlert, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

MedicAlert’s name, trademarks, logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of MedicAlert or of MedicAlert Foundation United States (MAFUS), used under license in Canada. You must not use such marks without the prior written permission of MAFUS or its affiliates. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

1. your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; and
2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website, in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by MedicAlert and its licensor. Any use of the Website not expressly permitted herein constitutes a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

PROHIBITED USES

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

1. accessing content and data that is not intended for you;
2. attempting to breach or breaching the security and/or authentication measures which are not authorized;
3. restricting, disrupting or disabling service to Users, hosts, servers, or networks;
4. illicitly reproducing Transmission Control Protocol (TCP) and Internet Protocol (TCP/IP) packet header;
5. disrupting network services and otherwise disrupting Website owner's ability to monitor the Website;
6. using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
7. introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
8. attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
9. impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your Personal Information, or your affiliations with any person or entity;
10. You may not, nor may you allow others to, directly or indirectly print or copy any of the HTML or other computer software that is accessible on any MedicAlert Webpage; or
11. otherwise attempting to interfere with the proper working of the Website.

You may not, nor may you allow others to, directly or indirectly disrupt or interfere with any other person's use or enjoyment of any MedicAlert Webpage, affiliated or linked Webpages, or any services thereof; delete or revise any content on any MedicAlert web page.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted during your usage of any MedicAlert Webpage. You will comply with all laws applicable regarding the use of the content on any MedicAlert Webpage.

MedicAlert will investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. In addition, MedicAlert reserves the right to disclose any information regarding your usage of any MedicAlert Webpage as necessary to satisfy any law, regulation, or governmental request.

THIRD PARTY LINKS

For your convenience, the Website may provide links or pointers to third-party websites, which may take you to other websites. MedicAlert provides these links only as a convenience and their provision is not an indication that these sites are under the control of MedicAlert. If you follow these links or pointers or access the third-party websites through any means, you are doing so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. MedicAlert makes no representations or warranties about any other website, including said third-party websites, their privacy practices, or their contents. Further, MedicAlert does not endorse any linked websites, the information appearing thereon, or any products or services described. MedicAlert expressly disclaims any liability for the contents of such websites and for any loss, injury, or damage that may arise from your use of them. Should any third-party sites hold their own terms and conditions, you may be subject to them upon your access to and use of the third party-site.

WARRANTY DISCLAIMER REGARDING MEDICALERT'S WEBSITE

While MedicAlert uses reasonable efforts to include accurate and current information on the Website, your use and browsing of the Website is at your own risk. MedicAlert's Website is provided on an "AS IS," "as available" basis. MedicAlert does not warrant that use of its Website will be uninterrupted or error-free. MedicAlert does not warrant the accuracy, integrity, or completeness of the content provided on the site or the products or services offered for sale on its Website. Further, MedicAlert makes no representation that content provided on its Website is applicable or appropriate for use in locations outside of Canada.

MedicAlert expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of title, implied warranties of merchantability, or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing, browsing, visiting, or using any MedicAlert web page is at your sole risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Website.

Transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

The Website may be temporarily unavailable from time to time for maintenance or other reasons determined at MedicAlert’s discretion.

We accept no responsibility for the accuracy of any User information provided by or created using the Website except as otherwise set out in these Terms. The provision or storage of User information through the Website does not constitute our endorsement or warranty as to the compliance of such User information with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User information. You are responsible for ensuring that the information you have entered into our system is accurate, reliable, and complete.

NO MEDICAL ADVICE

No information offered either through the Website or by accessing or using the Product or Services shall constitute medical advice. Any and all materials, communications or information provided by MedicAlert is for informational use only and Users should speak to a healthcare provider or other applicable professional regarding any medical concerns.

LIMITATION OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MEDICALERT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

INDEMNIFICATION

To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms and Conditions; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms and Conditions.

You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone other than You, using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.

THIRD PARTY PAYMENT PROCESSOR

Any transactions done on the Website are processed via a third-party payment processor (“Payment Processor”) and you agree that the Payment Processor is authorized to charge your credit card. All transactions are subject to the terms and conditions of our Subscriber Agreement and may be subject to additional terms and conditions of the Payment Processor.

ARBITRATION

Any dispute, controversy, or claim arising out of, relating to, or in connection with, these Terms and Conditions or any breach, termination, or validity thereof (each, a "Dispute") shall be finally settled by arbitration. The arbitration shall be conducted in accordance with Ontario's laws, rules, and legislation.

GOVERNING LAW

The Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada. By agreeing to the Terms and Conditions, you agree to be bound to the herein jurisdictions and governing laws.

To the extent that anything featured in these Terms and Conditions are in contravention with governing laws, governing laws override only the specific statement they may oppose.

WEBSITE MONITORING AND TERMINATION

We may terminate your access or suspend your right to access all or any part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions, or is harmful to the interests of MedicAlert, its customer, licensor, employees or affiliates. In addition, we reserve the right to refuse an order from any customer at our sole discretion. MedicAlert also reserves the right to terminate your Services for any conduct it believes is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of MedicAlert.

MedicAlert has the right to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website.

YOU WAIVE AND HOLD HARMLESS MEDICALERT AND ITS LICENSOR, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY MEDICALERT AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER MEDICALERT OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use.

CONTACT INFORMATION

If you are looking to contact MedicAlert for whatever reason, you may do so by written mail, email, or telephone.

All mail may be sent to:

You may also email customerservice@medicalert.ca, or call us at 1-800-668-6381.

For legal or privacy inquiries, please contact legal@medicalert.ca.