“Authorized Representative” means an individual other than the Subscriber, who has the authority to register a Subscriber for MedicAlert Services and, subsequently, manages the Subscriber’s profile on the Subscriber’s behalf. An Authorized Representative may be a legal guardian of a Subscriber, a close relative of a Subscriber, a professional or other individual with a duty of care to a Subscriber, or a person identified at the time of registration as being an individual that the Subscriber has given consent to engage with MedicAlert on the Subscriber’s behalf. For the purposes of this Agreement, an Authorized Representative may also be referred to as “you” or “your” as applicable;
“Emergency Contacts” means the individuals identified by the Subscriber or Authorized Representative that MedicAlert may contact in the event that the Subscriber is experiencing a Subscriber Event;
“MedicAlert ID” means the Product you purchase from MedicAlert for the purpose of having your medical information engraved on;
“Minor” means an individual under the age of 18;
“Order” means the request by you for MedicAlert’s Product or Services, including the items themselves and any additional costs such as shipping, tax, etc.;
“Personal Information” means any information that identifies or can be used to identify an individual directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information. Personal Information does not include de-identified, anonymous, or aggregate information that cannot reasonably be associated with a specific individual. Personal Information includes medical information;
“Product” means a MedicAlert ID, or other item offered from time to time by MedicAlert;
“Profile” means the online profile populated by MedicAlert when you register for Services that is updated and kept accurate by you. It contains complete Subscriber information including contact details, medical information, Personal Information, and other relevant information that may be provided for emergency use;
“Quebec Subscribers” means subscribers of MedicAlert services who are resident in the Province of Quebec at the time they enter into this Agreement;
“Responders” means personnel at police departments, fire departments, emergency health services, health professionals, 911 centers, and those who hold a valid first aid certification;
“Services” means the sharing of subscriber information with Responders during a Subscriber Event;
“Subscriber” means the person identified in the Order applying to be a user of the MedicAlert Services. For clarity, the Subscriber is the individual to whom the Services shall apply. For the purposes of this Agreement, a Subscriber is also referred to as “you” or “your” as applicable;
“Subscriber Event” means any emergency, medical, or personal safety event experienced by a Subscriber that requires immediate action;
“Vulnerable Subscriber” means a Subscriber who is either unable to give their informed consent or who is incapacitated in some manner that prevents them from entering into this Agreement themselves.
2. SCOPE2.1. This Agreement governs your rights and obligations as a Subscriber with respect to your use of the Product and Services.
2.2. This Agreement gives you specific legal rights, and you may have other rights that vary from province to province. Other than as permitted by law, we do not exclude, limit, or suspend other rights you may have. Residents of Quebec, who are Subscribers, are governed by that province’s consumer protection legislation.
3. REGISTRATION3.1. To apply for MedicAlert’s Services, you must be 18 years of age or older, and:
- Applying on your own behalf; or
- Applying on behalf of a Minor, or an adult person who is not capable of applying for our Services for himself, herself, or themselves, and you are completing the application as an Authorized Representative.
3.2. When you apply with MedicAlert, you must complete a Subscriber application either online, over the phone with a MedicAlert staff member, in person through a digital form, or on paper and sent by mail to MedicAlert.
4. AUTHORIZED REPRESENTATIVES
4.1. If you are an Authorized Representative, (i) you represent and warrant that you have full power and authority to enter into this Agreement on behalf of the Subscriber; (ii) you agree that you are responsible for managing the Subscriber’s Profile and ensuring that the Subscriber’s Profile and MedicAlert ID remain accurate, up to date, and legible at all times; (iii) in the event of the Subscriber’s death, you must promptly advise MedicAlert and seek to terminate the Subscriber’s MedicAlert account; and (iv) at any time, MedicAlert may request supporting documentation confirming your authority to act as an Authorized Representative and you must provide such documentation to MedicAlert upon request.
4.2. If a person is acting as an Authorized Representative, MedicAlert may assume that the Authorized Representative is empowered to act on behalf of the Subscriber.
4.3. MedicAlert is not liable for acts, omissions or errors resulting from an Authorized Representative’s (i) failure to appropriately manage and update the Subscriber’s Profile; (ii) failure to order an accurate and up to date MedicAlert ID for the Subscriber; or (iii) any misuse or mismanagement of the Subscriber’s account whether knowingly or unknowingly.
5. EMERGENCY CONTACTS
5.1. During registration you must provide the contact information for Emergency Contacts that MedicAlert may contact during a Subscriber Event.
5.2. In providing this information, you represent and warrant that you have informed each Emergency Contact that they are listed as such on your Profile, that MedicAlert may contact them during a Subscriber Event, and that they have agreed to be one of your Emergency Contacts.
5.3. If MedicAlert needs to contact Emergency Contacts, we may discuss your Personal Information with the Emergency Contact. In providing us with Emergency Contacts, you consent to MedicAlert discussing and disclosing Personal Information with your Emergency Contacts for the purposes of providing the Services.
6. PROFILE INFORMATION
6.1. Your Profile contains all the Personal Information that you provide to us including contact details, medical information, and may also include socio-economic or demographic information.
6.2. Your Profile must contain your email address and your Canadian mailing address.
6.3. You understand that the Personal Information you provide to us is critical in a Subscriber Event and for the provision of our Services.
6.4. You understand that we rely on you to ensure that your Personal Information is up-to-date, complete, and accurate. You agree that your Personal Information shall always be a complete and accurate record of the Personal Information you wish to have disclosed in a Subscriber Event.
6.5. You acknowledge and agree that Responders, to whom the Personal Information is disclosed during a Subscriber Event, are entitled to rely on such Personal Information and may make medical decisions about you in reliance on that Personal Information.
6.6. MedicAlert is not liable for acts, omissions, or errors resulting from your failure to appropriately manage and update your Profile or any misuse or mismanagement of your account whether knowingly or unknowingly.
7. SERVICE PLANS7.1. MedicAlert offers fee-based service plans for access to its Services. At registration, you will select a service plan at a specified price and duration (“Service Plan”). The price of the selected Service Plan is applicable for the duration of the service term (“Service Term”).
7.2. MedicAlert reserves the right to modify the Service Plans it offers including the nature of the Services, term lengths, and prices. MedicAlert shall provide you with written notice of these changes in accordance with Section 15.
7.3. From time to time, MedicAlert may offer programs that subsidise your costs (“Subsidized Program(s)”). If you are eligible for a Subsidized Program, the Service Plan may be based on the particular program subsidy you receive. Each Subsidized Program is subject to specific requirements that are outside the scope of this Agreement.
8. MEDICALERT ID
8.1. When purchasing the Service Plan, each Subscriber shall select a MedicAlert ID, which will be engraved with the Subscriber’s critical medical information, their unique Subscriber ID number, as well as MedicAlert’s hotline number.
8.2. The Subscriber is the only person that shall wear the MedicAlert ID. You must not permit another individual to wear your personalized MedicAlert ID.
8.3. All information that is engraved on your MedicAlert ID must be kept accurate and up to date. If your information is more than twelve (12) months old, MedicAlert may advise first responders of this.
8.4. Your MedicAlert ID must only be worn when all information on your Profile and your MedicAlert ID is correct and up to date. It is the responsibility of the Subscriber, or the Authorized Representative, to check the information on the MedicAlert ID upon receipt and to advise us if the information engraved is inaccurate.
8.5. If you allow another individual to wear the MedicAlert ID, you acknowledge that there is a risk of an incorrect intervention if that person is in an emergency. MedicAlert expressly disclaims any responsibility for ensuring the MedicAlert ID is worn by the correct individual or for any outcomes that may occur as a result of another person wearing your MedicAlert ID.
8.6. You must not engrave, deface, alter, and/or make illegible your MedicAlert ID or permit any other person to engrave, deface, alter, and/or make illegible your MedicAlert ID. Our ability to provide our Services may be compromised in the event your MedicAlert ID is engraved, defaced, altered, and/or is made illegible for any reason and MedicAlert shall have no responsibility, liability, or other consequences resulting from any delay or failure to provide our Services where your MedicAlert ID has been engraved, defaced, altered and/or is made illegible.
8.7. In the event that your MedicAlert ID becomes engraved, defaced, altered, or made illegible in any way, including, but not limited to, fading and other ordinary wear and tear, it is your responsibility to contact us immediately to order a new MedicAlert ID.
8.8. You must ensure your MedicAlert ID is in the correct size and style. In the event that you place an Order for a MedicAlert ID in the incorrect size or style and you request an alteration for the same, you will be charged an alteration fee.
8.9. The effectiveness of the Services is entirely dependent on the Subscriber wearing the MedicAlert ID in an obvious and visible manner. Failure to wear the MedicAlert ID appropriately will impact Service delivery and may make it impossible for Responders to contact MedicAlert and access your Personal Information during a Subscriber Event.
8.10. MedicAlert is not liable for acts, omissions, or errors resulting from your failure to order an accurate, up to date, legible, and properly sized MedicAlert ID.
9. PRICE AND PAYMENT
9.1. Unless expressly stated, all prices quoted by us, whether on our website, printed material or provided to you over the phone are in CAD and do not include applicable sales tax or shipping and handling fees. We will provide you with complete details of sales taxes and shipping costs on your Order prior to purchase. If you request expedited shipping, your Order will also outline any applicable courier fees that result for expedited shipping.
9.2. When you register to become a MedicAlert Subscriber, MedicAlert shall charge you a one-time registration fee, the amount of which is communicated to you prior to purchase. This fee will also appear on your Invoice.
9.3. You may be charged an alteration fee in accordance with Section 8.8.
9.4. We reserve the right to increase your Subscription fees during the Service Term. MedicAlert shall provide you with written notice of this change in accordance with Section 15.
9.5. We reserve the right to correct any pricing errors published due to human error, computer malfunction or any other reason. We will notify you if there is a pricing error that relates to your Order, and you may elect not to proceed with any purchase affected by a pricing error.
9.6. You must pay for the Product and Services at the time you register with MedicAlert whether by providing payment online, in person, over the phone, or by mail.
9.7. Service Plan fees are either prepaid upon registration or paid monthly depending on the Service Plan selected. If you are under an applicable Subsidized Program, payment shall occur in accordance with the requirements of the Subsidized Program. You may pay Service Plan fees by credit card, cash, cheque, or pre-authorized debit (“Payment Method”). MedicAlert uses a third-party payment processor to complete payments.
9.8. In the event that your payment for your MedicAlert Services is late, you must rectify your account immediately. MedicAlert shall provide you with a 10-day Grace Period (“Grace Period”), starting from the date of the missed payment to bring your account into good standing. If after that Grace Period your account remains outstanding, your account automatically becomes dormant, your Personal Information will not be available to Responders, and you will not have access to MedicAlert Services. MedicAlert shall hold your dormant profile for an 80-day period during which time you have a final opportunity to rectify your account by paying your late payment and an additional reactivation fee. If you fail to rectify your account by the end of the 80-day period, MedicAlert shall terminate your subscription in accordance with Section 17. If you would like MedicAlert to automatically terminate your account after the Grace Period, you must notify us of this.
9.9. You hereby authorize MedicAlert to charge your Payment Method the Service Plan fees in accordance with this Agreement and your Service Plan.
9.10. The Authorized Representative may pay the Service Plan fees on behalf of the Subscriber.
10. SHIPPING AND DELIVERY
10.1. Depending on the Product that you order, shipping may be directly from MedicAlert or from a third-party supplier.
10.2. The MedicAlert ID can only be shipped once the engraving is complete.
11. THIRD PARTY SUPPLIERS
11.1. At its discretion, MedicAlert reserves the right to use third party suppliers for the purposes of providing its Services. Such third-party suppliers may be subject to their own terms and conditions. In the event of conflict between MedicAlert’s terms and the terms of the third-party suppliers, MedicAlert’s terms shall prevail. Any representations made by the third-party suppliers shall be the sole responsibility of the supplier and not of MedicAlert.
12. WARRANTY FOR MEDICALERT PRODUCTS
12.1. In this Section, “Precious Metals Products” means a MedicAlert ID manufactured from Copper, Gold, Latex-Free Rubber, Pearls and Beads with Silver Emblem, and Silver. Except where expressly excluded, Precious Metals Products are included in the definition of Product as outlined in this Agreement.
12.2. Products, excluding Precious Metals Products, come with a 60-day warranty beginning on the date the Subscriber purchases the Product. Precious Metals Products, come with a 1-year warranty beginning on the date the Subscriber purchases them. If any Product is backordered, the warranty begins on the date that the Product is shipped. This warranty only covers repairs or replacements that are required solely due to manufacturer defects and errors.
12.3. This warranty does not cover damage resulting from,
- Normal wear and tear. This includes, but is not limited to, tarnishing or scratching on emblems, chains, or attachments, or blemishes naturally found on leather Products;
- Accidental damage or breakage;
- Allergic reactions to material used in the manufacture of the Product;
- Watch batteries; or
- Loss or theft of any kind.
12.4. Warranty is void if the Product has been repaired, or there has been an attempt to repair the Product, by anyone or any entity other than MedicAlert.
12.5. Warranty may only be used by the Subscriber who purchased the Product and cannot be transferred to another Subscriber, Product, or account.
12.6. To affect the warranty, the Subscriber or authorized representative must call or email MedicAlert customer service, whose contact information is available below or on MedicAlert’s website.
12.7. For repairs or replacements outside the warranty period, the Subscriber must ship the Product to MedicAlert. Upon receipt and inspection of the Product, MedicAlert shall provide an estimate of the repair or replacement cost to the Subscriber. If the Subscriber elects to proceed, they must pay this cost to affect the repair or replacement. If the Product is a Precious Metals Product and the Subscriber elects not to proceed with a repair, the Subscriber may be able to elect that the Precious Metals Product is melted down and the value may then be applied to a new Precious Metals Product. For all Products, if the Subscriber elects not to proceed with a repair or replacement, they will be required to purchase an operable Product at their own expense (excluding any value applied from melting down their Precious Metals Product), including any applicable shipping and handling costs, in order to continue their Service.
12.8. The Subscriber bears the cost and responsibility of shipping any Product back to MedicAlert regardless of whether it is covered under warranty or not. The Subscriber is responsible for ensuring the Product is packaged in a safe and secure manner and in such a way that it will not be damaged during shipping.
12.9. MedicAlert may be required to utilize the services of a third-party to replace or repair your Product.
12.10. MedicAlert maintains sole discretion on whether to affect any repair or replacement and we reserve the right to refuse the same, regardless of whether it is during or outside the warranty period.
13. CANCELLATION, REFUNDS, AND RETURNS
13.1. MedicAlert may, in its sole discretion, choose not to process or to cancel your Order to purchase the Product and Services in certain circumstances. Examples of when this may happen include: i) Product is unavailable, ii) Product was mispriced, iii) suspected fraudulent purchase, or iv) other reasons MedicAlert deems appropriate in the circumstance.
13.2. Each MedicAlert ID is custom made for the Subscriber. MedicAlert does not offer any refunds for the Product if you change your mind about the Product or Services you purchased.
13.3. For Quebec Subscribers, if you decide to cancel your Service Plan prior to the end of your Service Term, such cancellation will take effect by operation of the law on the sending of the notice, or on the date specified in the notice. You will be reimbursed pro rata for the unused portion of your Service Plan.
13.4. For Subscribers in other provinces, if you decide to cancel your Service Plan prior to the end of your Service Term, the cancellation will take effect at the end of your then current Service Term. However, MedicAlert shall only provide a refund for any pre-paid amounts that are unused in your current Service Plan if the unused portion of your Service Plan is more than half of your total Service Term. For example, if you pre-paid for a one-year Service Term and cancel after seven months, you will not receive any refund and MedicAlert Services will still be available for the remainder of your one-year Service Term. If you wish to have the effects of termination, as detailed at Section 17, take place immediately, you must notify us. No refunds are available for Subscribers on month-to-month Service Plans.
14.1. For Quebec Subscribers, at the end of your initial term, your Service Plan will auto-renew on a month-to-month basis. For Subscribers in other provinces, at the end of your initial term, your Service Plan shall automatically renew on either a month-to-month or annual basis, depending on the frequency you selected at registration.
14.2. You agree that MedicAlert shall automatically renew your Service Plan and charge your Payment Method, invoice you, or contact you for payment at the expiration of your Service Plan (“Renewal Date”).
14.3. If you do not want your existing Service Plan to renew you must notify us, in accordance with any necessary notification requirements, that you want to modify your Service Plan or cancel your Service Plan with MedicAlert prior to the Renewal Date. Quebec Subscribers will only have the possibility of selecting a Service Plan with a term of 30 days.
14.4. For Subscribers not resident in Quebec and those not subscribed to a month-to-month Service Plan, we will notify you 30 days in advance of the end of your then current Service Plan to advise you of your upcoming Renewal Date and that your Service Plan will automatically renew.
14.5. Payment for the renewed Service Plan is due on the Renewal Date. If MedicAlert is unable to process the payment for your renewed Service Plan, we shall contact you to complete the payment. If we are unable to contact you to process the payment, then, upon notice to you, your Services may be cancelled by MedicAlert in accordance with Section 9.8.
14.6. If your Subscription is under a Subsidized Program, subject to the terms of your Subsidized Program, your Service Plan will not automatically renew, and you must contact MedicAlert to reapply for the Subsidized Program for the purposes of assessing your eligibility.
15. MATERIAL CHANGE
15.1. For Quebec subscribers, MedicAlert will provide you with written notice of any material change at least 30 days before the change takes effect. In the event of a change that increases your obligations or reduces MedicAlert’s obligations, you may cancel the Service Plan without cost, penalty, or cancellation indemnity by sending MedicAlert a notice to that effect no later than 30 days after the change takes effect.
15.2. For Subscribers in other provinces, MedicAlert will provide you with written notice of any material change at least 30 days before the change takes effect. If you no longer wish to continue with your MedicAlert Service Plan as a result of the change, you may terminate your Service Plan and this Agreement by notifying MedicAlert before the change takes effect.
16.1. You may terminate or cancel your Service Plan at any time by notifying us in writing or contacting us directly.
16.2. MedicAlert may terminate this Agreement via written notice and immediately cancel all Services provided to you if you:
- fail to make any payment when due;
- breach any terms or conditions of this Agreement;
- provide misleading information or make any misrepresentations to us;
- engrave, deface, or change in any manner your MedicAlert ID;
- are, in MedicAlert’s opinion, abusive or behave inappropriately towards MedicAlert staff;
- you are otherwise dishonest or fraudulent in your dealings with us or otherwise in violation of applicable law; or
- become deceased and MedicAlert is advised of the same.
16.3. MedicAlert may terminate this Agreement for any other reason by providing written notice to you at least sixty (60) days in advance of the termination.
17. EFFECT OF TERMINATION
17.2. Upon termination taking effect, you must stop wearing your MedicAlert ID. MedicAlert is not liable to you or any third party due to the removal of your Personal Information from our database upon termination of this Agreement.
17.3. If you have any unpaid Service Plan or other fees, you must pay all balance owing to MedicAlert at termination.
17.4. If you are a Quebec Subscriber and you terminate your Services in accordance with Section 16.1. or your Services are terminated in accordance with Section 16.3., any unused fees in your current Service Plan will be refunded to you in accordance with Section 13.3.
17.5. For Subscribers in other provinces, if you terminate your Services in accordance with 16.1. or your Services are terminated in accordance with Section 16.3., any unused fees in your current Service Plan will be refunded to you in accordance with Section 13.4.
18.1. Minors are required to be registered by an Authorized Representative in order to access our Products and Services.
18.2. When a Minor, who is not a Vulnerable Subscriber, reaches the age of 17, MedicAlert will notify the Authorized Representative to inform them that the Minor must contact MedicAlert before their 18th birthday to facilitate the transfer of ownership of the account and agree to the terms of this Agreement.
18.3. If, on their 18th birthday, the Minor has not contacted MedicAlert to transfer ownership of their account and agree to these terms, MedicAlert shall remove the ability to alter, manage, and update the information on their MedicAlert profile due to lack of account ownership and privacy concerns. During this time MedicAlert services will still be available, first responders will still have access to the information, and the payment method on file continues to be charged. Minors must fulfil the steps outlined in Section 18.2. as soon as possible, and, upon to doing so, the ability to alter, manage, and update account information is restored immediately.
18.4. MedicAlert may continue to notify the Authorized Representative until the Minor has successfully contacted us or we have been informed they are incapable of doing so and therefore an Authorized Representative must retain control of the account.
18.5. MedicAlert is not liable for acts, omissions or errors resulting from the failure to take ownership of your account in accordance with Section 18.
19. INDEFINITE TERM SUBSCRIBERS
19.1. Subscribers who are on an ongoing Service Plan that carries an indefinite term are not subject to any terms of this Agreement that cannot apply due to the nature of their Service Plan and relationship with MedicAlert.
20. INTELLECTUAL PROPERTY
20.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Products or Services shall remain at all times vested in us or our licensors. You shall not use this material unless expressly authorized by us and/or our licensors in writing.
21.1. SOME JURISDICTIONS (SUCH AS QUEBEC) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU.
21.2. MEDICALERT’S PRODUCT AND SERVICES ARE INTENDED TO FACILITATE INFORMATION SHARING IN THE EVENT YOU ARE IN AN EMERGENCY. MEDICALERT EXPRESSLY DISCLAIMS ANY GUARANTEE OF AN IMPROVED EMERGENCY OUTCOME AS A RESULT OF OUR PRODUCTS AND SERVICES. MEDICALERT DOES NOT PROVIDE ANY DIRECTION TO RESPONDERS.
21.3. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCT AND SERVICES ARE AT YOUR SOLE RISK. OUTSIDE OF THE WARRANTY PROVIDED AT SECTION 18.2., THE PRODUCT AND SERVICES 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 ANY PRODUCTS AND SERVICES OFFERED BY MEDICALERT OR ANY OF MEDICALERT’S THIRD PARTY SUPPLIERS, AND THE ACTS OR OMISSIONS OF YOU AND OTHER SUBSCRIBERS WITH RESPECT TO THE USE OF THE PRODUCT AND SERVICES, 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 ANY MATERIALS OR OFFERED BY MEDICALERT ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. MEDICALERT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT OR SERVICES WILL BE AVAILABLE 24/7 OR THAT THEY WILL MEET YOUR REQUIREMENTS.
21.4. YOU ACKNOWLEDGE THAT NO INFORMATION, COMMUNICATION, MATERIALS OR SERVICES PROVIDED BY MEDICALERT OR ANY MEDICALERT STAFF SHALL CONSTITUTE MEDICAL ADVICE. MEDICALERT HEREBY DISLCAIMS ANY LIABILITY ARISING OUT OF YOU RELYING ON MEDICALERT FOR THE SAME.
22. SUBSCRIBER/AUTHORIZED REPRESENTATIVE REPRESENTATIONS AND WARRANTIES
22.1. You represent and warrant that:
- You are at least 18 years of age;
- If you are an Authorized Representative signing up on behalf of any other individual including a Vulnerable Subscriber, you are authorized to accept these terms on behalf of that individual or Vulnerable Subscriber and to bind them to this Agreement;
- You shall provide MedicAlert with Profile information that is accurate to the best of your knowledge;
- You shall review the Profile at least annually and provide all updates to your Profile in a timely manner; and
- Your use of the Product and Services is in compliance with applicable laws.
23.1. 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, stakeholders, officers, directors, employees, agents, contractors, successors and assigns from any claim, demand, or lawsuit brought by you or any other party or parties for any injury, death, loss, costs, expenses of damaged (including reasonable fees and disbursements of counsel and court costs), arising in whole or in part out of your provision of incomplete or inaccurate information to MedicAlert, any violation of this Agreement by you, and any act or omission by you relating to your use of the Product and Services.
24. LIMITATION OF LIABILITY
24.1. YOU AGREE THAT MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE PRODUCT OR SERVICES, EVEN IF MEDICALERT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FOR CLARITY, MEDICALERT SHALL NOT BE LIABLE FOR ANY ACTION, INACTION, OMISSION OR DECISION OF ANY RESPONDERS TAKEN DURING AN EMERGENCY INCLUDING (I) ANY HARM, DEATH, OR BODILY INJURY CAUSED TO A SUBSCRIBER CAUSED BY A RESPONDER; (II) A RESPONDER’S NEGLIGENCE OR WILFUL MISCONDUCT; (III) ANY DAMAGE OR COSTS DIRECTLY OR INDIRECTLY RESULTING FROM A FORCED ENTRY BY RESPONDERS; (IV) FAILURE BY RESPONDERS TO COMPLY WITH APPLICABLE LAW.
24.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO MEDICALERT UNDER THIS AGREEMENT, AND (B) ONE HUNDRED CANADIAN DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF MEDICALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
24.3. OUR ABILITY TO PROVIDE OUR SERVICES MAY BE COMPROMISED IN THE EVENT THAT YOU PROVIDE US WITH INACCURATE PERSONAL INFORMATION OR IN THE EVENT THAT YOUR MEDICALERT ID IS ALTERED OR DEFACED WHETHER BY ORDINARY WEAR AND TEAR OR BY YOU OR ANOTHER PERSON. WE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR OTHER CONSEQUENCES RESULTING FROM ANY DELAY OR FAILURE TO PROVIDE OUR SERVICES AS A RESULT OF THE FOREGOING.
25. DATA COLLECTION AND PRIVACY
25.1. MedicAlert collects, uses, and discloses your Personal Information in the course of providing our Products and Services. Protecting your Personal Information is very important to us.
26.1. Assignment: MedicAlert reserves the right to assign this Agreement and will provide you with written notice of this assignment in accordance with Section 15. This Agreement shall not be assigned by the Subscriber.
26.3. Governing Law (Quebec): For Quebec Subscribers, this Agreement is governed by and is to be interpreted and enforced in accordance with the laws of the province of Quebec and the federal law of Canada applicable therein.
26.4. Governing Law: For Subscribers in other provinces, this Agreement is governed by and is to be interpreted and enforced in accordance with the laws of the province of Ontario and the federal law of Canada applicable therein.
26.5. Modification: This Agreement may only be modified by MedicAlert, in accordance with Section 15, and may not be modified by the Subscriber or Authorized Representative.
26.6. Force Majeure: MedicAlert will not be liable for any delay or failure in performance of any term of this Agreement to the extent the delay or failure is caused by events beyond MedicAlert’s reasonable control, including fire, flood, acts of God, explosion, epidemics or pandemics, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, civil or military authority, disturbances to the Internet, and inability to secure materials or transportation facilities.
26.7. Waiver: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with each and every provision of this Agreement, including the waived provision.
26.8. Headings: The section headings in this Agreement are included solely for convenience of reference. They are not intended to be complete or accurate descriptions of the section contents and shall not affect the interpretation or be considered a part of this Agreement.
26.9. Invalidity and Enforceability: If any term or provision of this Agreement is invalid or unenforceable for any reason, such invalidity or enforceability shall not affect any other term or provision of this Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
26.1. You must accept the terms of this Agreement in order to affect your subscription.
For inquiries or additional information about MedicAlert, you may contact us as follows:
For general customer service inquiries:
Canadian MedicAlert Foundation
895 Don Mills Road, Suite 405
Toronto, ON M3C 1W3, Canada
For legal inquiries:Canadian MedicAlert Foundation
895 Don Mills Road, Suite 405
Toronto, ON M3C 1W3, Canada