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.
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.
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
Nothing offered through the Platform constitutes medical advice. EHPA provides materials for convenience and information only.
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.
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.
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.
THE PARTIES HEREBY WAIVE ANY RIGHT TO PROCEED BEFORE ANY TRIBUNAL, INCLUDING ANY ARBITRATOR, AS A MEMBER OR REPRESENTATIVE OF A CLASS.
Last revised: May 18, 2020