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Terms of Service

Introduction

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. THE FOLLOWING TERMS AND CONDITIONS FOR THE BETTERALERTS.COM WEBSITE IS A LEGAL CONTRACT BETWEEN YOU AND BETTER ALERTS, LLC. BY REGISTERING FOR, ACCESSING, BROWSING, INPUTTING INFORMATION INTO, DOWNLOADING FROM OR USING, IN ANY WAY, THE BETTERALERTS.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").  IF AT ANY TIME YOU DO NOT AGREE TO, OR WITH, THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE BETTERALERTS.COM WEBSITE. BETTER ALERTS, LLC RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS TERMS OF USE. BY USING THE BETTERALERTS.COM WEBSITE YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BETTERALERTS.COM WEBSITE.

Children’s Privacy

We are committed to protecting the privacy of children. The BETTERALERTS.COM Website is not directed to, intended for use by or designed for persons under the age of 13. The BETTERALERTS.COM Website and BETTER ALERTS, LLC (collectively, “BETTER ALERTS”) do not collect personally identifiable information from any person BETTER ALERTS actually knows is a child under the age of 13. By downloading, viewing, installing or otherwise using the BETTER ALERTS Website, you represent that you are at least 13 years of age.

Content and Use of Content

BETTER ALERTS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTH CARE ADMINISTERED WITH THE AID OF CONTENT, INCLUDING BUT NOT LIMITED TO DRUG INFORMATION AND/OR TREATMENT PROCEDURES, AVAILABLE ON THE BETTERALERTS.COM WEBSITE.

The content on the BETTERALERTS.COM Website is only available for personal, noncommercial use for end users only; any other use is strictly prohibited. BETTER ALERTS, LLC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the BETTERALERTS.COM Website, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding any unauthorized use.

The BETTERALERTS.COM Website may contain health- or medical-related materials, information and Content (as defined hereafter). If you find these materials offensive, you may not want to use THE BETTERALERTS.COM Website. The contents of the BETTERALERTS.COM Website, including, but not limited to, (1) text, graphics, images, and information obtained from BETTER ALERTS’s licensors; and (2) all other material contained on the BETTERALERTS.COM Website (taken together, the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment; only your doctor can provide you with advice on what is safe and effective health care treatment for you or your loved one. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the BETTERALERTS.COM Website! The BETTERALERTS.COM Website does not recommend or endorse any specific tests, doctors, products, procedures, prescription or over-the-counter medications, medicine dosage schedules, opinions, or other information that may be related to health conditions mentioned or discussed on the BETTERALERTS.COM Website. Reliance upon any information provided on the BETTERALERTS.COM Website or provided by linked information appearing on the BETTERALERTS.COM Website is solely at your own risk.

In consideration of being allowed to use this website, you agree that the following actions shall constitute a material breach of these Terms:
1. Using news or information from this website for any purpose in violation of local, state, national, or international laws (whether or not you knew it is/was a violation of such laws);
2. Submitting Materials, Media and/or Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, libelous, hateful, or embarrassing to any other person or entity as determined by BETTER ALERTS, LLC in its sole discretion;
3. Submitting unauthorized advertisements or solicitations of business;
4. Impersonating another person;
5. Distributing viruses or other harmful computer code;
6. Submitting the same email more than once or "spamming"; and
7. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the BETTERALERTS.COM Website, or which, in the sole judgment of BETTER ALERTS exposes BETTER ALERTS or any of its customers or suppliers to any liability or detriment of any type.

BETTER ALERTS, LLC reserves the right (but is not obligated) to do any or all of the following:
1. Record dialogue or communications submitted;
2. Terminate a user's access to the BETTERALERTS.COM Website upon any breach of these Terms;
3. Monitor, edit, or disclose any communication submitted; and

The BETTERALERTS.COM Website may provide links to third-party web sites. BETTER ALERTS does not recommend and does not endorse the content, material or information on any third-party websites. BETTER ALERTS is not responsible for the content of linked third-party sites, sites or Content framed within the BETTERALERTS.COM Website, third-party sites, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites and/or linked material is at your own risk and subject to the terms and conditions of use for such sites. BETTERALERTS.COM Website does not endorse any product, service, or treatment advertised on the BETTERALERTS.COM Website.

Termination

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Furthermore, any termination of your permission to use the website and/or content of the website denies you permission to use the website in the future, absent an indication in writing from the BETTERALERTS.COM Website administrators to the contrary.

Intellectual Property

BETTER ALERTS, the BETTER TECHNOLOGY SAVES LIVES slogan, the MEDICAL ALERT MONITORING FOR THE 21ST CENTURY slogan, and the BETTER ALERTS logo are trademarks of BETTER ALERTS, LLC. PEBBLE, BEST BUY, AMAZON and AT&T trademarks are property of their respective owners.

Various aspects of the BETTER ALERTS system are the subject of pending patent applications.

BETTER ALERTS authorizes you to view or download the Content and material on the BETTERALERTS.COM Website solely for your personal, noncommercial use if you include the following copyright notice: "©2014, BETTER ALERTS, LLC All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the BETTERALERTS.COM Website may be included elsewhere within the BETTERALERTS.COM Website and are incorporated into these Terms by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with BETTER ALERTS and/or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of BETTER ALERTS. All rights not expressly granted herein are reserved to BETTER ALERTS and its licensors.

This platform and website is owned and operated by BETTER ALERTS, LLC  The visual interfaces, graphics, design, compilation, information, computer code (including, but not limited to, source code or object code), products, services, and all other elements of the platform provided by BETTER ALERTS, LLC (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  Except for any Content or Materials provided and owned by users or third-parties, all Materials contained on the website are the property of BETTER ALERTS, LLC or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to BETTER ALERTS, LLC or its affiliates and/or third-party licensors.  Except as expressly authorized by BETTER ALERTS, LLC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and Materials.  BETTER ALERTS, LLC reserves all rights not expressly granted in these Terms.

Any submission of Content, Materials, Media or communications of any kind to the BETTERALERTS.COM Website, including any business information, idea, concept or invention, you agree that such submission is non-confidential for all purposes.

If you submit any business information, an idea, a concept, an invention or any Content, Materials or Media to the BETTERALERTS.COM Website or to BETTER ALERTS, LLC by email, you automatically grant or warrant that the owner has expressly granted BETTER ALERTS, LLC a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display it in any media or medium, or any form, format, or forum now known or hereafter developed. BETTER ALERTS, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, inventions, Content, Materials or Media private or proprietary, do not submit them to the BETTERALERTS.COM Website or to BETTER ALERTS, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.

Notice and Takedown Procedure; and Copyright Agent

If you believe any materials accessible on or from the BETTERALERTS.COM Website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting BETTER ALERTS's copyright agent (identified below) and providing the following information:
1. Proof of copyright ownership and identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work and/or a copy of the Certificate of Registration.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

BETTER ALERTS's agent for copyright issues relating to this website is as follows:
Todd Allen Serbin
Nachmias Morris & Alt
1201 Main St., Suite 1840
Columbia, SC 29201
Ph: +1 (803) 312-0060
Email: tserbin@nmapc.net

In an effort to protect the rights of copyright owners, BETTER ALERTS reserves the right to terminate, in appropriate circumstances, the rights of subscribers and account holders of the BETTERALERTS.COM Website who are repeat infringers.

Third-Party Products and Services; and Links

You understand that when using the BETTERALERTS.COM Website you may be exposed to Content, Materials, Media (defined below) and other information from a variety of sources including various third-parties and/or affiliate programs with third parties. Without limiting the foregoing, BETTER ALERTS makes no representations or warranties about the following:
(1) the accuracy, reliability, completeness, usefulness, currentness, timeliness or intellectual property rights of the Content, Materials, Media, software, text, graphics, links, or communications provided on or through the use of the BETTERALERTS.COM Website; and,
(2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content, Materials, Media or other information contained on the BETTERALERTS.COM Website.

You further understand and acknowledge that you may be exposed to Content, Materials, Media or other information that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BETTER ALERTS, LLC with respect thereto.  BETTER ALERTS, LLC does not endorse any user or third-party supplied Content, Materials or Media or any opinion, recommendation, or advice expressed therein, and BETTER ALERTS, LLC expressly disclaims any and all liability in connection with user or third-party supplied Content, Materials or Media.  If notified that user or third-party supplied Content, Materials or Media allegedly does not conform to these Terms, BETTER ALERTS, LLC may investigate the allegation and determine in its sole discretion whether to remove the user or third-party supplied Content, Materials or Media, which it reserves the right to do at any time and without notice

Disclaimers and Liability

THE USE OF THE BETTERALERTS.COM WEBSITE AND THE CONTENT IS AT YOUR OWN RISK.

When using the BETTERALERTS.COM Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of BETTER ALERTS and its suppliers, licensors or other third-parties. Accordingly, BETTER ALERTS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BETTERALERTS.COM Website.

YOU EXPRESSLY AGREE THAT THE USE OF THE BETTERALERTS.COM WEBSITE IS AT YOUR SOLE RISK.  THE BETTERALERTS.COM WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), MATERIAL, MATERIAL REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BETTERALERTS.COM WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS. BETTER ALERTS, ITS LICENSORS, ITS SUPPLIERS, AND OTHER THIRD-PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, WHETHER ORAL OR WRITTEN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS DISCLAIMERS AND LIABILITY SECTION, THE TERM BETTER ALERTS INCLUDES BETTER ALERTS, LLC, BETTER ALERTS, LLC’s OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, LICENSORS, THIRD-PARTY PARTNERS, SUPPLIERS AND SUBCONTRACTORS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BETTER ALERTS, LLC OR ITS OFFICERS, DIRECTORS, MEMBERS, OWNERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), PERSONAL INJURY/WRONGFUL DEATH ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE MATERIALS AND/OR CONTENT (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE BETTERALERTS.COM WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH BETTER ALERTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR EVEN IF BETTER ALERTS OR A BETTER ALERTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive any legal or equitable rights or remedies you may have against BETTER ALERTS, LLC and their officers, directors, members, subsidiaries, affiliated companies and employees with respect thereto.

These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference or third-party websites or otherwise by third-parties other than BETTER ALERTS and received through or advertised on the BETTERALERTS.COM Website or received through any reference or third-party websites.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. In the event the aforementioned limitations do not apply to you, the BETTERALERTS.COM Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. BETTER ALERTS and any third parties mentioned on the BETTERALERTS.COM Website are not liable for any personal injury, including death, caused by your use or misuse of the BETTERALERTS.COM Website, Content or other areas accessible to the public. Any claims arising in connection with your use of the Website, any Content, Materials, Media, other information or the areas accessible to the public must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

You acknowledge and agree that BETTER ALERTS, LLC and the BETTERALERTS.COM Website have offered their products and services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BETTER ALERTS and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BETTER ALERTS. BETTER ALERTS would not be able to provide the BETTERALERTS.COM Website to you on an economically reasonable basis without these limitations.

Indemnity

You agree to save, defend, indemnify, and hold BETTER ALERTS, LLC, its officers, directors, members, employees, agents, partners, affiliated companies, subsidiaries, contractors, licensors, and suppliers, harmless from and against any claims, losses, damages, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees and other expenses resulting from, or alleged to result from: (1) your violation of these Terms; and (2) your use or misuse of the BETTERALERTS.COM Website; and (3) any Content, Materials, information and/or Media that you post, upload, download or otherwise submit to the BETTERALERTS.COM Website.  BETTER ALERTS, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BETTER ALERTS, LLC, and you agree to cooperate with BETTER ALERTS, LLC’s defense of these claims.  BETTER ALERTS, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware.

Modification of the Terms

BETTER ALERTS reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time.  Please check these Terms periodically for changes. Your continued use of the BETTERALERTS.COM Website after the posting of changes constitutes your binding acceptance of such changes.  For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the BETTERALERTS.COM Website.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with BETTER ALERTS, LLC, or in any way relating to your use of the BETTERALERTS.COM Website, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving BETTER ALERTS, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, members, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles.

Complete Agreement

These Terms constitute the entire agreement between you and BETTER ALERTS, LLC with respect to the terms of use of the BETTERALERTS.COM Website, including, all Content, Media and Materials and any other related subject matter.

Severability

If any provision of these Terms is found or held to be invalid, unlawful, void, or for any reason unenforceable by any court having competent jurisdiction, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred, in any way, by BETTER ALERTS, LLC without restriction.  Any assignment attempted by you in violation of these Terms shall be null and void.

Survival

The following Terms and provisions, shall survive the termination or expiration, of this Agreement for any reason whatsoever: Intellectual Property, Disclaimers and Liability, Third-Party Products and Services; and Links, Indemnification, Jurisdiction, Complete Agreement, Assignment and Survival.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Terms of Service updated October 15, 2014
©2014 BETTER ALERTS, LLC. All rights reserved.