Terms of Service

By using the emergencyprofile.org website, registering your phone number with the Emergency Health Profile Association LLC (“EHPA” or “we” or “us”), or using any of our other products, services, apps, websites, or offerings (collectively, “Platform”), users of our Platform or legal guardians acting on behalf of Platform end users (collectively, “users” or “you”) are agreeing to these Terms of Use. PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR ABILITY TO BRING A CASE IN COURT AGAINST US, PARTICIPATE IN A CLASS LAWSUIT WITH OTHER USERS, WHAT YOU MAY BE ENTITLED TO RECEIVE FROM US IN THE EVENT OF A DISPUTE, AND HOW THESE TERMS MAY BE CHANGED.

WHEN REGISTERING FOR AN ACCOUNT, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF THE INFORMATION YOU SUBMIT. YOU ARE REQUIRED TO KEEP ALL INFORMATION IN YOUR ACCOUNT UP TO DATE. YOU MAY NOT REGISTER ON BEHALF OF ANYONE ELSE, UNLESS THAT PERSON IS YOUR MINOR CHILD OR SOMEONE ELSE OVER WHOM YOU HAVE THE RIGHT TO EXERCISE LEGAL AUTHORITY. YOU MUST BE AT LEAST 16 YEARS OLD TO REGISTER FOR AN ACCOUNT.

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE WILL USE OUR BEST EFFORTS TO FACILITATE THE DELIVERY OF YOUR INFORMATION TO EMERGENCY SERVICE PERSONNEL, BUT CANNOT GUARANTEE THAT (1) IT WILL BE DELIVERED; (2) THAT THE EMERGENCY SERVICE PERSONNEL CAN OR WILL RECEIVE THE INFORMATION; (3) HOW THE INFORMATION IS USED BY THE EMERGENCY SERVICE PERSONNEL.

1. Overview of the Platform

Principle purposes of the Platform include: (a) allowing users to register their mobile phone numbers and submit other information that may be of assistance to emergency service personnel in the event of an emergency (“registered information”), and (b) transmitting the registered information to emergency service personnel when an emergency call is placed from the mobile phone number you provided when registering your account (“registered phone number”). Emergency service personnel may include, but is not limited to, public safety access points, emergency communication centers, and first responders. Please see our Privacy Policy for a detailed description of how we collect, use, and disclose personal information about you, including but not limited to your registered phone number and other registered information. The Platform is offered at no cost to you.

2. Eligibility and Registration

You are entitled to access or use the Platform only from within the United States. Only U.S. phone numbers assigned to a mobile phone are eligible for registration. Only individuals of at least 16 years of age may create an account, register a phone number, or submit other registered information.

In order to access and use the Platform, you must register with us. Registration requires you to (a) provide contact information and identification details, such as your phone number, and (b) submit any other form of authentication required as part of the registration process, in EHPA’s sole discretion. Upon registration, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.

You agree, represent, and warrant that you shall at all times provide accurate information when registering as a User and when using the Platform; that the registered phone number is currently assigned to a mobile phone of which you (or a person over whom you have legal guardianship) are the exclusive user; and that you shall update and maintain as accurate all such information during your use of the Platform, including removing your profile or updating your phone number should you change your number or terminate service providing that number.

3. Termination

You may terminate your agreement to these Terms of Use at any time by deleting your account and ceasing further access to and use of the Platform. As described in more detail below, certain provisions of these Terms of Use will continue in effect, even after you have terminated.

We may terminate your access to the Platform and any and all current and/or future use of the Platform by you where we determine, in or sole discretion, that the termination is reasonably related to: (a) complying with applicable law, (b) protecting our legal rights, (c) your registered information appears untrue, inaccurate, not current, or incomplete (or if the information appears to have become untrue, inaccurate, not current, or incomplete), (c) any other violation of these Terms of Use, or (d) any other lawful purpose. We may cease offering the Platform at any time for any reason.

4. Non-Exclusive License

You shall not use the Platform for any purpose other than as authorized in these Terms of Use. Certain materials provided through the Platform are protected by intellectual property laws, including but not limited to U.S. copyright and trademark laws. You expressly acknowledge and agree that the content accessible through the Platform is the property of EHPA and its content providers, and EHPA and its content providers retain all right, title, and interest in the content.

Subject to these Terms of Use, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform solely for your own use. Except as expressly provided herein, all rights are reserved.

5. Acceptable Use

In connection with the use of the Platform, you may not:

(a) alter or modify the Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Platform, or any portion thereof, except to the extent permitted by the intended functionality of the Platform or as required for the limited purpose of reviewing material on the Platform; or

(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Platform, or related materials; or

(c) remove or modify any proprietary notice or labels on the Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any website; or

(d) use the Platform for any non-authorized purpose or any illegal purpose; or

(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by EHPA or any third party; or

(f) use the Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or

(g) access or use any password-protected, secure, or non-public areas of the Platform, or access data on the Platform not intended for you, except as specifically authorized by EHPA (such unauthorized access or attempted access may subject Users to prosecution); or

(h) impersonate or misrepresent your affiliation with any person or entity; or

(i) use any automated means to access or use the Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Platform, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or

(j) attempt to or actually disrupt, impair, interfere with, alter, or modify the Platform, or any information, data, or materials posted and/or displayed by EHPA; or

(k) attempt to probe, scan, or test the vulnerability of the Platform or breach any implemented security or authentication measures, regardless of your motives or intent; or

(l) attempt to interfere with or disrupt access to or use of the Platform by any User, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or

(m) post any content to the Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to these Terms of Use.

6. License to User Submissions

Some users choose to communicate with EHPA in ways other than (or in addition to) providing registration information. For example, you might submit or send us your feedback on the Platform, ideas for improvement, or otherwise correspond with EHPA. By communicating any content to EHPA (other than registration information), you grant EHPA the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part), including any information, suggestions, ideas, drawings, or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, provided that any personal information shall be treated in accordance with our Privacy Policy. Such license includes incorporating the content, in whole or in part, into an EHPA product, service, or feature.

7. No Medical Advice or Offers

Nothing offered through the Platform constitutes medical advice. EHPA provides materials for convenience and information only.

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM AND SERVICE ARE AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EHPA DOES NOT MAKE, AND HEREBY DISCLAIMS TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM OR (B) THE ACTS OR OMISSIONS OF YOU AND OTHER USERS WITH RESPECT TO THE USE OF THE SERVICE AND PLATFORM. THIS DISCLAIMER INCLUDES (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. EHPA MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT, DISPLAYED ON OR OFFERED THROUGH THE PLATFORM OR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. EHPA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL EHPA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM OR A USER’S RELIANCE ON THE PLATFORM OR SERVICE, OR ANY THIRD-PARTY PLATFORM OR SERVICE USED HEREIN.

For the avoidance of doubt, where applicable law precludes the enforcement of one or more waivers set forth in this Section, the provisions below regarding “General Limitation of Liability” shall continue to apply to the maximum extent allowable by law.

9. General Limitation of Liability

YOU AGREE THAT EHPA, ITS AFFILIATES, PARTNERS, THIRD PARTY SERVICE PROVIDERS THAT HAVE RENDERED BUSINESS SERVICES IN CONNECTION WITH DESIGNING, OPERATING, MAINTAINING, SECURING, OR PROVIDING OTHER SERVICES RELATED TO THE PLATFORM INCLUDING BUT NOT LIMITED TO RAPIDSOS, INC. (“SERVICE PROVIDERS”), AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF EHPA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT, OR COMMUNICATION LINES, TELEPHONE, OR OTHER INTERCONNECTION PROBLEMS (E.G., INABILITY TO ACCESS AN INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. EHPA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EHPA, ITS AFFILIATES, ITS PARTNERS, AND ITS SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF EHPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THESE TERMS OF USE.

10. Violation of Terms and Indemnification

Except as set forth in the provisions of these Terms relating to arbitration and class waiver, we reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address or User to the Platform. Therefore, you agree to defend, indemnify, and hold harmless EHPA, its affiliates, its partners, and its service providers and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns from any claim, demand, or lawsuit brought by you or any other party or parties for any injury, death, loss, costs, expenses, or damages (including, but not limited to, reasonable fees and disbursements of counsel and arbitration costs), arising in whole or in part out of your provision of incomplete or inaccurate information to EHPA, any violation of these Terms of Use by you, and any act or omission by you relating to your use of the Platform.

11. Governing Law

Any action related to the Terms of Use, including but not limited to arbitration actions, will be governed by the laws of the State of New York, without regard to the choice or conflicts of law provisions of any jurisdiction.

12. Arbitration

Any controversy or claim arising out of or relating to (i) these Terms of Use or (ii) the use of or access to the Platform—including disputes related to arbitrability—shall be heard in arbitration held before a single arbitrator applying the American Arbitration Association Commercial Dispute Resolution Procedures for Consumer Related Disputes (“AAA Rules”). Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. Under the AAA Rules, you may or may not qualify for a waiver of the fee to file a claim. We will cover the full cost of filing a dispute (except where such filing is frivolous, repetitive of prior claims, or made in bad faith) if, under applicable law, our payment of (or agreement to pay) such fee is necessary for the enforcement of the parties’ agreement to arbitrate disputes.

13. Class Waiver

THE PARTIES HEREBY WAIVE ANY RIGHT TO PROCEED BEFORE ANY TRIBUNAL, INCLUDING ANY ARBITRATOR, AS A MEMBER OR REPRESENTATIVE OF A CLASS.

14. Amendment

We may make changes to these Terms of Use at any time. If such a change is material, we will undertake reasonable efforts to notify you, such as by sending automated messages to your registered number or posting a notice on our website(s). Your continued use of the Platform—including by declining to delete your account—after we have provided such notice shall constitute your acceptance of the updated terms. Notwithstanding the forgoing, we shall not charge you for access to or use of the Platform without first obtaining further agreement from you.

15. Effect of Termination/Survival of Selected Provisions

Notwithstanding the expiration or earlier termination of these Terms of Use or the Platform, any provision of these Terms of Use that imposes or contemplates continuing obligations or rights of a party will survive such expiration or termination.

16. Entire Agreement

These Terms of Use constitute the entire agreement between you and EHPA regarding the specific matters herein, and all prior agreements, letters, proposals, discussions, and other documents regarding the matters herein are superseded and merged into these Terms of Use.

17. Severability

If any provision of these Terms of Use is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Last revised: May 18, 2020