These terms of service ("Terms") are a legal agreement between you, and ALWAYSMED. These Terms govern your use of any ALWAYSMED services ("Services"), the ALWAYSMED internet website (“Site”) located at www.ALWAYSMED.com and any software used in providing the service. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside and can legally enter into a legally binding contract. ALWAYSMED offers its services under the conditions that you accept the terms and conditions listed herein and the privacy terms listed separately.” By clicking the “I AGREE” or similar button, or using any services, you agree to these Terms in their entirety.
By choosing to use our services, you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. When signing-up for our services, you agree to pay the fixed subscription (ALWAYSMED offers different subscriptions plans) and the additional added service fees, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you use a credit card for payment, you authorize ALWAYSMED to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account.2. SUBSCRIPTION
AlwaysMed offers various products and services (collectively, the "Products" and "Services") on its website. Some of the Products are for free and some are for sale. ALWAYSMED reserves the right to modify the prices charged for any of its Products or to amend or remove any Product from its website, at any time and without prior notice to you. The following are the memberships we offer:
A) Free Membership - This membership is free and can be cancelled at anytime by deleting your profile. This free membership allows you to enter vital medical information into your critical health profile. All medical information is entered by you. The information may be printed on a membership card that can be used in cases of emergency. You can update this critical health profile and print a new membership card any time you have the need. You cannot store any actual medical records in our Vault. Information you entered can be access via web, smart phone application and USB (purchase required).
B) Premium Membership: The cost of this Membership is $20.00 per year. This membership offers the same product offered under the Free Membership. In addition, Premium Membership lets you store your actual medical records in our secure Vault. You collect your medical records from your doctor(s) and hospital(s) and send them to us. We will show you how to collect your medical records. Once received, we will digitize, upload and organize your medical records in Our Vault. We will send you a USB flash drive that, once inserted, will download your latest medical records collected in our Vault. In case of emergency and when an EMT or a medical professional attempts to gain access to the information available on your USB flash drive, your Critical Health Profile will be available to them right away allowing them to make the life saving care. Your critical health profile is available once a code is used. Such code will be available on your USB flash drive. If more detailed medical information is needed, the health professional can access all your medical records by asking you or someone you authorized about the password. Once you provide him with the password, the health professional can have access to all your vital medical records. You may terminate anyone’s access to your detailed vital medical records by simply changing your password. The Vault is a highly secure and well organized medical records storage system that is doctor designed but yet user friendly.
C) Additional Services: You may request that AlwaysMed collect the medical records on your behalf. You have two cost options. The first option, the cost of this service is $45.00 per doctor/hospital per request. The second option, the cost is $120.00 per year for unlimited doctors/hospitals and requests. This service is in addition to the premium membership and is optional.3. TERMINATION
These terms of service, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, prior to the next billing cycle for any reason, by following the instructions on the Site and discontinuing use of the Products. No refunds are allowed for any portion of time remaining after notice of cancellation. ALWAYSMED may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms. On termination or expiration of your account or these terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access to you medical information. Also, you specifically agree that ALWAYSMED has no obligation to provide you or anyone else with a copy of your medical data or allow you or anyone else access to any medical information contained under your account.4. PASSWORD
ALWAYSMED will provide you with a username and password to access the medical information you store to access the services. You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party except as it relates to your medical treatment. If you lose your username passwords for your accounts, you may not be able to access your medical data. You must notify ALWAYSMED immediately of any unauthorized use of your accounts or any other security breach related to our services. ALWAYSMED reserves the right to suspend your account or change your username and password if it determines that a security breach has occurred or is likely to occur.5. LIMITATION OF LIABILITY
BY USING ALWAYSMED’S SERVICE, YOU AGREE TO RELEASE ALWAYSMED AND ITS SUBSIDIARIES, PARENTS, LICENSORS, AGENTS, MEMBERS, AFFILIATES, SERVICE PROVIDERS, OFFICERS, CO-BRANCHES OR OTHER PARTNERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY REGARDING THE SERVICE. IN NO EVENT SHALL ALWAYSMED BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF ALWAYSMED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE TOTAL COLLECTIVE LIABILITY OF RELEASE ALWAYSMED AND ITS SUBSIDIARIES, PARENTS, LICENSORS, AGENTS, MEMBERS, AFFILIATES, SERVICE PROVIDERS, OFFICERS, CO-BRANCHES OR OTHER PARTNERS, DIRECTORS, AND EMPLOYEES SHALL NOT EXCEED THE FEES PAID DURING ONE (1) CALENDAR YEAR.6. DISCLAIMER OF WARRANTIES
ALWAYSMED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
ALWAYSMED DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR UNCORRUPTED OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SITE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (VI) CORRECTNESS AND ACCURACY OF INFORMATION PROVIDED WILL BE VERIFIED.
ALWAYSMED ASSUMES NO LIABILITY FOR THE DELAY, INTERRUPTION, CORRUPTION OR FAILURE OF ANY DATA OR INFORMATION TRANSMITTED, ENTERED OR STORED ON OUR SITE AND SERVERS. CUSTOMER ASSUMES ALL THE RISK.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.7. GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.8. SEVERABILITY
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.9. ENTIRE AGREEMENT
This is the entire agreement between us relating to the subject matter herein, and supersedes and replaces all prior written or oral understandings or agreements regarding the subject matter.10. MODIFICATION OF THIS AGREEMENT
The terms and conditions of this Agreement may be changed by ALWAYSMED from time to time without notice. ALWAYSMED shall post such amendments on its website and shall become effective immediately upon posting. Your use of any services after such notification will constitute your acceptance of such changed terms and conditions.11. FORCE MAJEUR
Neither ALWAYSMED nor customer shall be liable for any performance failure or delay caused by circumstances beyond either party’s reasonable control.12. ACKNOWLEDGMENT
By using the Services you acknowledge that you have read this Agreement and agree to be bound by it.