| Terms & Conditions
Purchase of an E-mergency Emergency Medical Record (EMR) system constitutes acceptance of
these Terms of Use (as the same may be modified from time to time)
between TTW Systems, LLC (creator of E-mergency) and each person who is
registered for the Program (each such registered person being referred to as
a "Member" and all such registered persons being collectively referred to as "Members"):
Member Deliverables
- Access to an E-mergency Medical Record (EMR) website
- A customizable smartphone application that displays your, and your account Members' emergency medical information and automaticaly notifies your contacts
- A personal Emeregency Medical Record in digital form
- Personal E-mergency alert cards with EMT instructions and personal code
Wallet card
Key Chain card
Visor/refrigerator card
Member Benefits
1. Grant responding Emergency Medical Services (EMS) Providers temporary,
read-only access to your pertinent emergency medical information as supplied by the Member.
Emergency medical information can be accessed by EMS providers on smartphone application,
internet-enabled phone website, or on website via computer.
2. Notification of a Member's designated emergency contact(s) when Member's emergency medical information is viewed. Notification includes initial message of incident with GPS location of Member, followed by secondary message with location of medical facility, supplied either by GPS or by EMS message to contacts.
GENERAL TERMS AND CONDITIONS
Each Account-managing Member must provide a valid email address to receive benefits associated
with the Program. the purpose of this address is for E-mergency to send account codes as well as
vital information regarding E-mergency, including renewal reminders. Purchase of an E-mergency
Emergency Medical Record (EMR) account, with alert cards, constitutes becoming a Member.
Memberships have two categories: Account Manager and Account Members. Account Managers administer the
Membership Account, including controlling the password to EMR sites of the account members.
Each person that registers her or himself or as an Account Manager Member must be
18 years of age or older.
Each person that registers any dependent or other party as a Member or that updates
or supplements any information provided to the Program with respect to any dependent
or other party represents and warrants to E-mergency that he or she has the power and
authority to do so on behalf of such party and has obtained and provided all information
submitted in compliance with applicable law. It is understood that these Terms of Use
apply to all Members, including, but not limited to, those Members who are registered
for the Program by another person.
E-mergency memberships are nontransferable and may only be used by an individual
Member for such Member's personal benefit.
E-mergency does not offer refunds of any kind for purchases through www.mye-mergency.com.
All E-mergency sales are final.
E-mergency accepts credit cards and debit cards as forms of payment.
If a credit card company is being used for a transaction,
E-mergency may obtain a pre-approval from the credit card company
for an amount up to the amount of the transaction. Billing to a
credit card occurs at the time of purchase or shortly thereafter.
E-mergency accepts the following credit cards:
Visa, MasterCard, and Discover.
Debit cards, check cards, and credit cards have spending or credit limits
that may prevent the processing of a transaction.
If a transaction has been declined, a Member should ensure all data is correct and resubmit.
If the transaction is not accepted, the Member may try to use another credit card or address
the problem with the initial card.
E-mergency transactions will include sales tax based on the bill-to address
and the sales tax rate in effect at the time a transaction is completed. E-mergency
will charge tax in states to the extent required by law. No customers are eligible
for tax exemptions for transactions made via www.mye-mergency.com.
E-mergency is not responsible for damaged, lost or stolen E-mergency membership cards.
If your card is lost or stolen, you should log in to your account as soon as possible and change your password. Each Member (and any person who may register a Member) hereby agrees to take reasonable steps to safeguard passwords and login information for such Member(s). E-mergency cannot and does not assume any responsibility or liability for access to a Member's E-mergency account by an unauthorized party using such login information or a Member's or any other person's use or misuse of information transmitted or received under the Program. E-mergency shall not be responsible for E-mergency membership accounts that are unusable as a result of a Member's failure to provide or update the Member's personal information.
Each Member is responsible for maintaining accurate and updated personal information
on his or her EMR account. E-mergency is not responsible for the accuracy or completeness
of any information submitted by a Member in connection with his or her Member Account.
E-mergency may suspend or terminate a Member's use of the Program if the Member fails
to comply with these Terms of Use. Any suspension or termination of the Program or a
Member's membership in the Program may delete the Member's information, files, and other
previously available content.
E-mergency will send Members SMS text or email messages from E-mergency from
time to time in order to appraise them of improvements, upgrades or any news that
is relevant to E-mergency Members.
Members may also receive SMS text or email reminders to remind them to update their EMR data.
Members hereby agree to maintain a current email address and phone number associated with
their E-mergency account.
MEMBER PRIVACY.
By becoming a Member, each Member agrees to terms and conditions
as specified in the E-mergency Security Policy and Privacy Statement, which can be found
at https://www.myE-mergency.com/privacy.php.
For more information on Member privacy, see Security and Privacy Policy.
MODIFICATION AND TERMINATION.
E-mergency retains the right to
modify the Program and/or these Terms of Use at any time and for any reason.
Changes to the Program's Terms of Use will be posted to
the www.myE-mergency.com website 15 days prior
to the effective date.
Continued use of a Member's E-mergency membership constitutes acceptance of any amendment to
the Program and/or these Terms of Use. If a Member does not agree to the modified Program
and/or Terms of Use, the Member should stop participating in the Program.
The most current Terms of Use of the Program can be found at www.mye-mergency.com.
E-mergency may terminate the Program at any time through written notice sent to
each Member via email (Members without email will be notified the next time they attempt
to log into their E-mergency EMR account). Upon termination of the
Program, all Members shall forfeit all rights to access their E-mergency account.
Members may choose to opt out of the Program at any time.
THIRD-PARTY SOFTWARE.
Each Member agrees to use third party software necessary for accessing the Program, including,
but not limited to, "web browser" software that supports a data security protocol
compatible with the protocol used by E-mergency. Until notified otherwise by E-mergency,
each Member agrees to use software that supports the Secure Socket Layer
(SSL) protocol or other protocols accepted by
E-mergency and to follow logon procedures for services that support such protocols.
Each Member agrees that E-mergency is not responsible for notifying Members
of any upgrades, fixes or enhancements to any such software.
TRANSMISSION OF DATA. E-mergency is committed to providing a high standard of
Member security and privacy as described in E-mergency's Security and Privacy Policy.
Nevertheless, each Member understands that the transmission of the Member's personal
health information and emergency contact information ("Member Data") is fundamentally
necessary to the Member's use of the Program. Each Member expressly consents to
E-mergency's interception and storage of Member Data and to the provision of
personal health information included in the Member Data to EMS Providers,
as well as notification to designated emergency contact(s) of
any transport by an EMS Provider. Each Member acknowledges and understands that
the transmission of Member Data will involve transmission over the Internet, and
over various networks not owned and/or operated by E-mergency.
Each Member acknowledges and understands that Member Data may be accessed by unauthorized parties
when communicated across the Internet, network communications facilities, telephone, or
other electronic means. Each Member agrees that E-mergency is not responsible for
any Member Data which is delayed, lost, altered, intercepted or stored without
authorization during the transmission of any data whatsoever across networks not
owned and/or operated by E-mergency, including, but not limited to, the Internet.
LINKS/THIRD-PARTY DATA.
E-mergency may provide, or third parties may provide, links to other websites or resources.
Because E-mergency has no control over such sites and resources, each Member agrees that
E-mergency is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
TRADEMARK INFORMATION; PATENT PROTECTION.
All E-mergency trademarks, service marks, logos and product and service names
(including, but not limited to, E-mergencyª) are marks of E-mergency.
Each Member agrees not to display or use any such mark in any manner
without E-mergency's express prior written permission. The E-mergency Program
is licensed through HSIC, Inc. and is the subject of a pending patent application.
GOVERNING LAW.
These Terms of Use shall be governed by and construed under the substantive laws
of the State of Arizona, without reference to conflict of laws considerations.
Any disputes, actions, claims or causes of action arising out of or in
connection with these Terms of Use (or the Program) shall be subject to
the exclusive jurisdiction of the
state and federal courts located in Phoenix, Arizona.
If any provision is held by a court of competent jurisdiction to be contrary to law,
such provision shall be limited or eliminated to the minimum extent necessary
so that these Terms of Use shall otherwise remain in full force and effect.
In the event of any litigation of any controversy or dispute arising out of or
in connection with these Terms of Use, their interpretations, their performance,
or the like, the prevailing party shall be awarded reasonable attorneys' fees and/or costs.
NO WARRANTY.
E-mergency, its managers, officers, directors, employees, agents, suppliers and vendors
make no warranty, express or implied (including but not limited to any warranties of
merchantability or fitness for a particular purpose and warranties relating to non-infringement)
with respect to the program or the Member's E-mergency membership or any products or
services related thereto.
RELEASE OF LIABILITY.
Each member hereby releases E-mergency, its managers, officers, directors, employees, agents,
suppliers and vendors from and against any and all liability relating to the member's
E-mergency membership, the program or these terms of use to the maximum extent permitted by law.
LIMITATIONS OF LIABILITY.
Each member agrees that the consideration which E-mergency is charging for participation in the
program does not include consideration for assumption by E-mergency of the risk of
the Member's incidental or consequential damages. In no event shall E-mergency be liable
to a member or any other party for incidental, consequential, punitive, lost profits,
special, indirect or exemplary damages, or indirect damages of any type or kind (including,
but not limited to, loss or disclosure of member data) arising from breach of warranty, breach
of contract, negligence (including torts), or any other legal cause of action to the
maximum extent permitted by law arising from or in connection with the program.
In the event that the release provided above is invalidated or limited for any reason,
it is understood that the maximum liability of E-mergency to any Member
arising out of or in the connection with the Program, whether such liability
arises from any claim based on breach or repudiation of contract, breach of warranty,
negligence, tort, or otherwise, shall in no case exceed the amount of fees paid to
E-mergency by or on behalf of such Member during the immediately preceding 12-month period.
The essential purpose of this provision is to limit the potential liability of
E-mergency arising from the Program. Each Member acknowledges that the limitations
set forth in this provision are integral to the amount of fees charged in connection with
the Program and that, were E-mergency to assume any further liability other than as set forth
in this provision, such fees would of necessity be set substantially higher.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or
limitations of liability for incidental or consequential damages, so the exclusions set
forth above will only apply to a Member as may be
permitted by applicable law in those jurisdictions.
INDEMNITY.
Each member agrees to defend, indemnify, and hold E-mergency, its managers,
officers, directors, employees, agents, suppliers and vendors, harmless from and against any claims,
actions or demands, liabilities and settlements (including without limitation, reasonable legal fees)
resulting from, or alleged to result from, the member's violation of these terms of use.
ASSIGNMENTS.
E-mergency may assign a Member's rights under the Program with or without notice to such Member.
A Member may not transfer any of his or her rights under the Program to anyone else,
either temporarily or permanently. The Program is solely for the benefit of the
Members and E-mergency. It is not for the benefit of any other person.
COMPLETE AGREEMENT.
These Terms and Conditions and E-mergency's Security Policy and Privacy Policy
constitute the entire agreement between each Member and E-mergency with respect to
the use of the Program. In the event of any conflict between E-mergency's Security
Policy and Privacy Policy and these Terms of Use, these Terms of Use shall prevail.
Any provision of these Terms of Use which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof,
and any such prohibition or unenforceability in any jurisdiction shall not invalidate
or render unenforceable such provision in any other jurisdiction. |
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I can't always be with my family, but now I'll know they're being cared for, and how to find them. |
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- EMT approved for ease of use, speed & thorough information.
- Auto-notifies your contacts of incident time, GPS location and medical facility.
- Easily installed & updatable phone app plus website in case of broken (or no) phone.
- The fastest way to get your vital medical information in front of a First Responder.
- Just $8.95 for your Account + 95¢ for additional Members
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"Carry the card with the heart to let us know that your emergency medical information is just a click away." |
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