EmFinders™ Website Terms of Use
THIS IS AN ENFORCEABLE LEGAL AGREEMENT
BY REGISTERING FOR THE SERVICE, YOU, THE AUTHORIZED CAREGIVER, ON BEHALF OF YOURSELF AND THE PERSON WITH AN IMPAIRMENT FOR WHOM YOU ARE RESPONSIBLE, AGREE TO BE BOUND BY AND ADHERE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY AND ADHERE TO THIS AGREEMENT YOU MAY NOT USE THE SERVICE.
This Agreement is between you and Emfinders, and does not create any contractual relationship between you and the underlying carrier providing wireless access to the 911 emergency location service ("Wireless Carrier")
Background
JJCK, LLC (d/b/a “EmFinders,” also referred to as “we” or “us”) is a technology company. It is our mission to develop and deploy technology that provides cost effective, reliable and rapid location information to law enforcement about the location of a person in distress. Our initial focus in achieving this mission is to provide a service (“Service”) designed to assist an authorized caregiver (“Caregiver”) of a vulnerable member of our society, which is generally a person who has Alzheimer’s, dementia, autism or another cognitive disability that may impact his memory, cause him to wander away, or forget where he is (“Person With an Impairment” of “PWI”); and who would not be able to use a device such as a cell-phone to alert family or the police to his location.
1. Description of the EmFinders Service — Our Service enables an authorized caregiver (“Caregiver”) to remotely activate 911 emergency location features on a discrete wireless device (“Device”) that is worn or carried by a PWI. So, in the event that a PWI goes missing, the Caregiver is able to initiate our Service, which will, among other things: (a) trigger the Device to place an emergency 911 call to local police, (b) enable the police to use the Emergency 911 system to locate the Device, and (c) contact the police directly to provide personal information about the PWI as required to assist local emergency personnel in caring for the PWI upon recovery.
Please note that certain situations beyond our control may negatively impact our ability to provide the Service. For example, if the PWI wanders to a place that is out of reach of the 911 emergency location service (i.e., places where a cell phone will not operate), the Service will not be able to assist in the location of the PWI.
2. EmFinders Customer Code of Conduct — You represent and warrant the following:
- You will use the Service only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations.
- You are at least 18 years of age and will not lie about or otherwise misrepresent your relationship with the PWI in connection with using the Service. If you represent that you are the PWI’s Caregiver, you recognize that you stand in the shoes of the PWI, and you must have the ability to act for the PWI and exercise the PWI’s rights.
- You will make reasonable efforts to ensure that the Device remains charged and with the PWI at all times, and you understand that if the Device is not kept charged or is away from the PWI, the Service will not work properly.
- You will not use the Service to misrepresent that the PWI is lost or missing when he is not. You recognize that filing a false, misleading and/or prank missing persons report with the police is unethical, against the law and expressly forbidden by these Terms of Use.
- You will provide all information requested by EmFinders as completely and accurately as possible, and will take reasonable steps to ensure such information is updated as necessary.
- You will be asked to provide a password that will allow us to authenticate who you are, and provide you with access to your account. Please do not share that password with unauthorized persons.
- You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your legal relationship with the PWI and use of the Service.
- You will not use the Service in a manner that may cause emotional or physical harm to anyone, or to “stalk” or otherwise harass another person.
- You will not use any EmFinders trademark or service mark without the express written consent of EmFinders.
4. Privacy and Hipaa — We will use any information we collect from you in accordance with our privacy policy at www.emfinders.com/page/privacy-policy
If you are a “covered entity” as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Regulations enacted hereunder, we agree to treat any “protected health information,” as defined by HIPAA, in full compliance with HIPAA and such Regulations enacted hereunder. Generally, the types of “covered entities” that use the Service include physicians, hospitals and mental health institutions that care for a PWI.
5. EmFinders May Amend This Agreement at Any Time — EmFinders reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. EmFinders will include such Amendments on the version of this Agreement that is posted on EmFinders’ Web site (www.EmFinders.com) and will notify you by e-mail that the Agreement has been amended. Amendments to the Agreement will take effect immediately upon being posted to the Web site. Your continued use of the Services after EmFinders posts an Amendment constitutes your acceptance of and consent to the Amendment. If you do not accept such an Amendment, you must notify EmFinders within 30 days after EmFinders notifies you of the Amendment that you have elected to terminate the Services rather than accept the Amendment.
6. Payments, Refunds and Fraud — You are responsible for all charges incurred in connection with the Services regardless of who incurs the charges. If you wish to purchase the Services, you may do so on either a month-to-month or a yearly subscription basis. You must provide a valid and chargeable credit card or debit card (“payment card”) to EmFinders as part of the order/registration process, which EmFinders will charge for the Services.
You must pay for the Services in advance on a yearly, monthly, or other subscription basis (depending on which service option you select).If you select the month-to-month plan, your payment card will be charged monthly, in advance, for the full monthly amount due. In the event that your payment card company declines to process your monthly payment, EmFinders may retry the charge on the payment card. If payment is again declined, EmFinders may terminate the Service immediately, and without penalty or liability to EmFinders, but will make reasonable attempts to contact you prior to cancelling the Service for non-payment. If you suspect that unauthorized use of your account is taking place, you must notify EmFinders immediately.
The price for the Service may change over time, and we'll use the rates then in effect for the applicable payment period for those charges. You are responsible for any and all taxes and expenses that may be incurred related to use of the Service.
7. Term and Termination — The term of this Agreement shall commence when the Customer first registers for the Services.
EmFinders may, with or without cause, immediately terminate this Agreement at any time, and deny you access to or use of the Services. Without limiting the foregoing, EmFinders has the right to immediately terminate or suspend your account or use of the Services in the event that you breach this Agreement or engage in conduct that EmFinders, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access or use the Service.
You may terminate the Services at any time. Unless terminated under Section 5 of this Agreement, (a) if you purchased a yearly subscription and terminate the Services prior to the expiration of the term of your subscription with EmFinders: (i) your payment card will be charged $100 as an early termination fee, and (ii) EmFinders will refund to you within 90 days a pro rata amount for unused Services, as determined by EmFinders; or (b) if you purchased a month-to month subscription, EmFinders will stop charging your payment card within 30 days after receiving notice of the termination. If not earlier terminated by you or by EmFinders, or otherwise renewed under other terms, your yearly subscription shall automatically be extended, on a month-to-month basis at the monthly rate then in effect.
8. Your Interactions with EmFinders — We may record and monitor conversations between you and our customer service personnel or emergency service providers to maintain or improve the quality the Service, for subscriber issue resolution, or for training purposes. Please note that our customer service representatives may also remain on the line if they conference in a third party to assist in completing your request. We will not release any audio or physical records that are created as part of the Service unless required by law. For more information about our privacy practices, please visit our privacy policy at www.emfinders.com/page/privacy-policy.
9. Limitation of Liability — EMFINDERS DOES NOT WARRANT THE AVAILABILITY OR EFFECTIVENESS OF THE SERVICE. THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT.
EmFinders, its affiliates, agents, employees and Wireless Carrier(s) are not liable to any party for any special, consequential, punitive, direct, or indirect damages for any reliance or use upon the Service, including but not limited to, fees and fines charged by local law enforcement, failure to find a PWI, and failure of the Service to operate. In addition, EmFinders, its affiliates, agents, employees and Wireless Carrier(s) are not liable to any party for any special, consequential, direct, or indirect damages for any communication or contact between our customers and their search subjects. Additionally, we are not responsible for failure of the Service if such failure is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment failures.
EMFINDERS DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU OR OTHERS MAY CAUSE TO YOURSELF, THE PWI, OTHERS, OR PROPERTY WHEN USING OUR SERVICE. EmFinders has no control over how you may use the Service or how law enforcement and emergency personnel will interact with the Service, including but not limited to their ability to locate or care for the PWI. We are not responsible for the actions or inactions of law enforcement or emergency personnel, nor does EmFinders guarantee results in any emergency situation. You waive any claim you might otherwise have, and you agree not to bring any claim or complaint anywhere, against EmFinders, its affiliates, agents, employees and Wireless Carrier(s) related to the operation or failure of the Service. Use the Service at your own risk.
UNDER NO CIRCUMSTANCE SHALL EMFINDERS BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO EMFINDERS IN THE 12 MONTHS PRECEDING ANY CLAIM.
10. Indemnification — You agree to indemnify and hold EmFinders, its subsidiaries, affiliates, officers, agents, employees, and all applicable third parties (e.g., all relevant marketing partner(s), licensors, licensees and Wireless Carriers) harmless from any claim or losses, including costs, expenses and attorneys fees, made by any third party arising directly or indirectly out of your use of, or inability to use the Service, or your violation of any rights of another. We will promptly notify you of any claim. In the event that the Service is not used in an appropriate manner EmFinders reserves the right to seek all appropriate remedies at law or equity. Nothing in these Terms of Use is a relinquishment or waiver of EmFinders' rights and remedies.
Intellectual Property Rights — EmFinders grants you, during the term of this Agreement, a revocable, non-transferable and non-exclusive license to use any software provided by EmFinders (the “Software”) solely in connection with your use of the Services and in a manner that is consistent with this Agreement.
You shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Software; (c) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose; (d) use the Software outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement.
The Software is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of EmFinders or its suppliers or licensors. All rights not expressly granted in this Agreement are reserved by EmFinders.
The “EmFinders” name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by JJCK, LLC or its licensors and may not be used by you without the written consent of EmFinders.
11. Additional Terms —
This Agreement, including the Privacy Policy incorporated in the Agreement, supersedes all oral or written communications and understandings between you and EmFinders with respect to the Service and the terms under which the Service is offered and provided.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Any legal action concerning this Agreement or the Service shall be interpreted under the laws of the Commonwealth of Pennsylvania, excluding the Commonwealth's choice of law rules. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the Commonwealth of Pennsylvania.
The failure of EmFinders to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, shall survive any expiration or termination.
Last Revised: October 5, 2009