TERMS OF SERVICE
Membership in the Road ID Emergency Response System is offered subject to your compliance with the notices, terms and conditions set forth herein. BY ACTIVATING YOUR MEMBERSHIP IN THE ROAD ID EMERGENCY RESPONSE SYSTEM, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THESE NOTICES, TERMS AND CONDITIONS.
We reserve the right to update or change these Terms of Service at any time and for any reason without prior notice to you. Your continued use of the Road ID Emergency Response System, including any updates or changes, shall be deemed your on-going acceptance of these Terms of Service as modified, as of the effective date of any such modification. If you disagree with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Road ID services.
1. DEVELOPING AND MAINTAINING YOUR ROAD ID EMERGENCY RESPONSE PROFILE.
1.1 The data provided by the Road ID Emergency Response System is your Emergency Response Profile. It is your responsibility to verify the accuracy of your Emergency Response Profile and to update your information whenever appropriate. Road ID assumes no responsibility for the accuracy of your Emergency Response Profile nor for updating your information. You should log-on to our website at www.MyRoadID.com whenever necessary to update your Emergency Response Profile.
1.2 Ask your physician to review your Emergency Response Profile as provided by the Road ID Emergency Response System. He or she may offer suggestions as to how your Emergency Response Profile may be more accurately and effectively displayed.
1.3 The data provided by the Road ID Emergency Response System is for informational purposes only, and is not a substitute for professional medical advice and treatment.
1.4 Neither Road ID nor any responder assumes any liability whatsoever for the information provided by the Road ID Emergency Response System.
2. SECURITY AND PRIVACY.
2.1 By activating your membership in the Road ID Emergency Response System, you authorize Road ID to allow access to your Emergency Response Profile to emergency personnel, healthcare personnel, first responders, and anyone using your Road ID Serial Number and PIN to access your Emergency Response Profile. Such authority complies with the provisions of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations, 45 CFR § 164.508, and any state or local health information privacy acts or regulations.
2.2 You acknowledge that your Emergency Response Profile may be accessed by anyone who obtains the Serial Number and PIN combination that is engraved on your Road ID Interactive ID.
2.3 It is your responsibility to protect your Road ID Interactive ID at all times. If you lose your Road ID Interactive ID, if you terminate your membership, or if you believe your serial number and PIN number combination have been compromised, you should immediately report your Interactive ID as lost or stolen so that we may remove access to your Emergency Response Profile. You can report your ID as lost or stolen on our website at www.MyRoadID.com or, in an emergency, via telephone.
2.4 Road ID assumes no liability for misuse of your Emergency Response Profile for any reason, including identity theft. We encourage you to protect the security of your information by providing your serial number and PIN number combination only to those persons or entities who have a legitimate need to access your information.
2.5 We do not sell your name and address to third parties, nor do we share your Emergency Response Profile to market any product or service.
2.6 In addition to providing your Emergency Response Profile to persons or entities who access the Road ID Emergency Response System, we may disclose your Emergency Response Profile to other agencies as required by law. Such disclosures may be to: a public health authority; a government authority that is authorized by law to receive reports of abuse or neglect; in response to a court or administrative order; to federal officials if you are a member of the U.S. or foreign military forces (including veterans); or to federal, state, or municipal law enforcement agencies engaged in a specific investigation involving you.
You agree to indemnify, defend, and hold harmless Road ID, its officers, directors, employees, agents, insurers, and affiliates from and against any and all claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees and costs resulting from, or alleged to result from: (i) your violation of this Terms of Service; (ii) from any activity related to the Road ID Emergency Response System, including the unauthorized use of your Emergency Response Profile, infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct by you or any other person accessing your Emergency Response Profile through the Road ID Emergency Response System; (iii) any claim brought by you or others for injury, death, loss, or damages arising in whole or in part from inaccurate or incomplete Emergency Response Profile provided by you; or (iv) any claim brought by you or others for failure of performance, delay in operation or transmission, communication service failure, or any other error, omission, interruption, or defect of the Road ID Emergency Response System.
4. ASSUMPTION OF LIABILITY; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES.
4.1 YOU ARE SOLELY RESPONSIBLE FOR THE DATA CONTAINED IN YOUR ROAD ID EMERGENCY RESPONSE PROFILE. ROAD ID DISCLAIMS ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF YOUR EMERGENCY RESPONSE PROFILE AND FOR THE CONTENT OF YOUR EMERGENCY RESPONSE PROFILE, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL.
4.2 ROAD ID HEREBY DISCLAIMS ANY LIABILITY TO YOU, TO USERS OF THE ROAD ID EMERGENCY RESPONSE SYSTEM, OR TO ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE ROAD ID EMERGENCY RESPONSE SYSTEM, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH RECORD OR OF ANY COMPUTER OR COMMUNICATIONS SYSTEM UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER ROAD ID NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF THE ROAD ID EMERGENCY RESPONSE SYSTEM OR INABILITY TO GAIN ACCESS TO OR USE THE ROAD ID EMERGENCY RESPONSE SYSTEM.
4.3 AS DAMAGES, IF ANY, RESULTING FROM THE USE OF, THE MISUSE OF, OR THE INABILITY OF A RESPONDER TO ACCESS THE ROAD ID EMERGENCY RESPONSE SYSTEM WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE, YOU AGREE THAT THE TOTAL LIABILITY OF ROAD ID FOR ACTUAL DAMAGES, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO ROAD ID DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR, IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND DOLLARS ($1,000.00).
5. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES.
YOU AGREE THAT YOUR USE OF THE ROAD ID EMERGENCY RESPONSE SYSTEM IS ENTIRELY AT YOUR OWN RISK. THE ROAD ID EMERGENCY RESPONSE SYSTEM AND ALL OTHER SERVICES OF ROAD ID THAT MAY BE RENDERED HEREUNDER ARE PROVIDED "AS AVAILABLE" AND "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT ANY SERVICE RENDERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. ROAD ID DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: 1) ANY WARRANTIES CONCERNING THE AVAILIBILITY, ACCURACY AND PERFORMANCE OF THE EMERGENCY RESPONSE SYSTEM; AND 2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS STRAINS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ROAD ID HEREBY DISCLAIMS ANY LIABILITY TO YOU, RESPONDERS, OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF ROAD ID, EVEN IF ROAD ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. GOVERNING LEGAL PROVISIONS.
6.1 Governing Law and Jurisdiction: These Terms of Service will be construed and governed by the law of the Commonwealth of Kentucky for all purposes, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Kentucky. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Terms of Service Agreement. By agreeing to be bound by the Terms of Service contained in this document you may be waiving legal rights which could be available to you in another jurisdiction.
6.2 International Laws: Road ID is based in the Commonwealth of Kentucky, United States of America. Road ID makes no claims that its services are appropriate or may be used outside of the United States. Access to these services may not be legal by certain persons or in certain countries. Access of the Road ID services from outside the United States may not be in compliance with the laws of the local jurisdiction.
6.3 Entire Agreement: These Terms of Service and all other legal notices constitute the entire agreement between you and Road ID with respect to the use of the Road ID Emergency Response System.
6.4 Waiver: Our failure to exercise or enforce any right or provision of these Terms of Service or other legal notices shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service as modified shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
6.5 Severability: If any provision of these Terms of Service as modified is found by a court of competent jurisdiction to be invalid, the parties agree that the court shall endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Service shall remain in full force and effect.
6.6 Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice.
6.7 Assignment: Road ID may assign its rights and duties under this Agreement to any party at any time without notice to you and without your consent.
6.8 Headings: The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
I understand that the Emergency Response Profile (and the information that it contains) will be available to anyone that has access to the Serial Number and PIN combination that is engraved on the back of the Road ID Interactive ID. Therefore, I understand that it is important to protect these numbers and keep them private from anyone that does not need access to the Emergency Response Profile. I also understand that Road ID encourages me to report the Interactive ID as lost or stolen in the event that the Serial Number and PIN become compromised.