Terms and Conditions:
Updated & Posted 08/28/05

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Your use of EmergiLink is subject to the following terms and conditions. EmergiLink may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of posting. It is your responsibility to review these terms and conditions every time you use the web site. You agree to review these Terms and Conditions of Use periodically to ensure that you are aware of any modifications.

By using this site, you signify your assent to these Terms and Conditions of Use and any future modifications. If you do not agree to these Terms and Conditions of Use, you may not use the site.

Primary Membership Services and Fees

The fee for all EmergiLink Services is $16.95 per year. This fee includes unlimited access to your member account area and covers memberships for your entire family or all related family (which means family members living in your household). Once the “Primary Member” has made payment and created his/her membership profile, additional co-members may be added at any time. Your annual fee also enables HealthCare Providers secure and limited access to your information whenever possible during a medical emergency involving you or a family member or with your permission during routine medical appointments. EmergiLink does not charge Healthcare Providers any access fees to view your data.

By registering with EmergiLink, you authorize EmergiLink to charge your credit card in the amount of the Service Fee. EmergiLink retains the right, in its sole discretion, to increase, at any time, the Service Fee. You must pay the Service Fee on an annual basis. The Service Fee will be charged to your credit card on the anniversary of your account activation. You may update your credit card information at any time through the Billing Information profile.

PROMOTION CODE: As an alternative to making payment for and creating an individual or family account, each EmergiLink account has a “Promotion Code” box on the subscriber application, allowing for the following special

Circumstances:

A. Healthcare and Law Enforcement personnel will be offered the EmergiLink program at a discounted rate. In many cases this would be purchased and gifted to them via their organization. (e.g. City of Anytown purchased memberships for all their firefighters) Since it would be paid on their behalf and in advance, they would enter a special code to bypass the e-commerce section of the account.

B. Special User Utility Tax: A City or organization may opt to provide EmergiLink to all members of their community after successfully passing a special tax. The tax may be as high as $2 per month/per family with all excess above the $16.95 annual subscriber fee returned to the City or organization to aid in maintaining vital emergency services, personnel and equipment.

Should your credit card be inactive or otherwise unable to process the Service Fee due at the anniversary date, EmergiLink will notify you by e-mail. You will then have 30 days to update your credit card information in the Billing Information profile. If at the end of 30 days your credit card is still inactive or unable to process the Service Fee due, EmergiLink reserves the right to remove your Primary Medical File and all other information from our database and server and terminate your access to and use of the web site and all other services, without any further notice to you.

Fingerprint Enrollment

EmergiLink employ’s fingerprint technology in association with our partner, Cogent Systems, to provide an accurate and logical means to assist authorized healthcare personnel in locating your membership profile on the EmergiLink database. Your fingerprints are not accessible to law enforcement for the purpose of cross referencing criminal data. In other words, the EmergiLink database does not share your fingerprints with law enforcement agencies to conduct background investigations or determine whether or not you have a criminal record.

Enrollment of your fingerprints must be accomplished with an authorized healthcare provider who has installed a Digital Persona U.areU.400b reader. These readers are not available to the public and cannot be ordered through EmergiLink.
Specific enrollment dates and locations to enroll your prints into your membership profiles will be announced in your community by your host EMS Provider. Locations to enroll your prints may include the following; Fire Stations, Hospital Emergency Departments and Public Safety Fairs. Your account can be created and all information inputted prior to the enrollment of your fingerprints. The system only requires both your index fingers. A search of your profile can be conducted using one of these prints.

Copyright Notice

EmergiLink owns the copyright to all original material contained in this web site. This material is Copyright 2003-2004 EmergiLink, Inc.

Refund Policy

If at any time you are not satisfied with the service that EmergiLink provides, you will have the right to submit in writing, your dissatisfaction. Upon receipt of your refund request, EmergiLink will credit the complete Service Fee to your credit card and will remove your Primary Medical File and all other Co-Member information from our database and server.

Termination

You agree that EmergiLink may restrict or terminate your use of the web site, with or without notification to you, should you intentionally attempt to damage the site or violate any member’s security or right of privacy. You also agree that the information you provide in your profile can be used to treat you or save your life and that attempting to purposely enter false information in attempts to create a lawsuit will result in the immediate and permanent suspension of your account and all co-members, with or without notification to you.

Disclaimer of Warranties

The information on this site is intended for general information purposes only and is not intended to replace the services of a trained health care professional. EmergiLink cannot render medical or any other advice. All information, including your Medical Profile and your Medical Records, are provided to EmergiLink by you and/or your health care provider at your request. EmergiLink does not inspect these records for completeness or accuracy. Notwithstanding any other statement on the EmergiLink web site, EmergiLink makes no warranties of any kind, either express or implied, regarding and including, but not limited to, the completeness, accuracy, reliability or availability of information or material stored by EmergiLink or otherwise available through EmergiLink. Everything on the web site is provided to you "as is" and "as available". Access to information on the EmergiLink web site depends upon operation of internet and telecommunications facilities which are not owned or controlled by EmergiLink. EmergiLink therefore assumes no liability for any transmission delay, service interruption, data corruption, or other problem connected with accessing the EmergiLink web site.

Accuracy pertaining to the personal and medical information you enter during the registration or application process is your sole responsibility. It is also your responsibility to complete the forms and answer the questions to your best ability. You are responsible for your own username and password and who you allow to use them. You may assign an advocate (family member, friend or legal guardian) to input your information and update it from time to time. You will assume responsibility for the accuracy and completeness of your personal and medical information should you chose an advocate to input your information into the EmergiLink system. By assuming this responsibility, you also agree to release any liability from the advocate(s) you select to assist you.

If as the result of an emergency medical visit to you or one of your co-members, it is discovered that information in your EmergiLink membership account is no longer valid, current or applicable or that new information requires your profile to be updated, you have the right to request that the Healthcare personnel make appropriate changes to your profile. By asking a Healthcare professional to update your profile on your behalf, you release them from any and all liability should the update be inaccurate or incomplete.

You fully understand that your medical record may contain mental health, development disabilities, alcohol/substance abuse, AIDS/HIV test results and/or other private and confidential information. EmergiLink does not edit, redact or otherwise alter or delete any information from the medical file provided by you or your advocate prior to or after incorporation into your Medical File.

Limitation of Liability

Except as expressly otherwise provided by law, EmergiLink’s total liability to you for all claims arising from the use of the EmergiLink web site and any information provided herein is limited to $100.00, and neither EmergiLink nor any other party involved in creating, producing or hosting the web site shall be liable for any direct, incidental, consequential or indirect damages resulting from access to, or use of, or inability to use the web site or the EmergiLink information or materials, whether based on warranty, contract, tort, and without regard to any negligence of EmergiLink. You agree to indemnify and hold harmless EmergiLink and its officers, employees, owners and agents from all claims not expressly provided for above. You agree to be solely responsible for your compliance with any applicable law governing your use of the EmergiLink services.

You understand and agree that, if you want a person or organization to have access to your online membership data, in an emergency or non-emergency situation, but you are unable to provide your name and other basic identifying information there is no guarantee that they will be able to access your data and provide treatment based on the data you have submitted to your online Membership. Additionally, there can be no guarantee that even if you are able to provide this information, that an EMS Provider Paramedic, Nurse or Physician can gain access to your Membership Data online, due to technical circumstances relating to computer failure, Internet access failure, or server interruption or failure. In the event of any type of system failure, you agree to hold harmless any members of your Fire Department (Access Point), School District (Access Point), County Health Department (Access Point), Hospital (Access Point), Ambulance Service (Access Point), Doctor’s Office (Access Point), Dentist’s Office (Access Point), EmergiLink, Inc. (Application Service Provider), ROAM-I.T. (Access Partner) or Cogent Systems (Hosting Partner).

Arbitration of Controversies

All disputes arising from or related to these Terms & Conditions or the EmergiLink service shall be submitted to binding arbitration. The arbitration shall take place in Los Angeles County, California, before an attorney or retired judge who is acceptable to the parties. If the parties are unable to agree on an arbitrator, then an arbitrator shall be appointed in accordance with California Code of Civil Procedure. The parties will share equally in the fee of the arbitrator. Each party shall bear its own other costs and attorneys’ fees associated with the arbitration.

Each party shall be entitled to inspect documents in the other party’s possession or control prior to the hearing. The parties may obtain additional pre-hearing discovery only by agreement or by applying to the arbitrator, who shall rule on all discovery and procedural issues.