Terms & Conditions

Effective as of January 2005

Welcome to Emergency Contacts, a wholly owned company of Peitho, Inc. These terms and conditions are your membership agreement. They apply to your Emergency Contacts member services, past, present, and future, until changed or replaced by new terms and conditions.

You can contact us at any time at info@emergencycontacts.com or by calling us at (310) 472-5068, or by writing us at Emergency Contacts, P.O. Box 491096, Los Angeles, CA 90049-9998.

WE ENCOURAGE OUR MEMBERS TO READ THIS AGREEMENT AND BE FAMILIAR WITH THE TERMS AND CONDITIONS OF EMERGENCY CONTACTS MEMBERSHIP.

1. EMERGENCY CONTACTS MEMBERSHIP. Your membership entitles you to member benefits including, but not limited to:

a. Our best efforts to notify your designated contacts as quickly as possible to activate your emergency back-up plan in an emergency situation
b. Timely disclosure of vital medical information to confirmed medical personnel (only with your authorization)
c. Storage of your personal and contact information on Emergency Contacts computer system
d. Online access to your account and information
e. Membership kit with several forms of emergency identification

2. ACTIVATING YOUR EMERGENCY CONTACTS MEMBERSHIP. The only way to become a member is by accepting the terms and conditions of this agreement. The agreement is accepted when a membership is purchased.

3. ENDING YOUR EMERGENCY CONTACTS MEMBERSHIP. You can cancel your Emergency Contact membership at any time. All you have to do is send a letter in writing to Emergency Contacts requesting a membership cancellation. If you cancel your membership, you will not be entitled to a refund for amounts already paid. Your membership will expire if it is not renewed. All personal information will be deleted upon receipt of a cancellation letter and 30 days after a membership expires. Documentation of any emergency case involving a cancelled member will be securely and separately stored for an indefinite period.

4. COST OF EMERGENCY CONTACTS MEMBERSHIP. You can find information about membership prices and services on the Emergency Contacts website, www.emergencycontacts.com.

5. AUTOMATIC RENEWAL OF YOUR EMERGENCY CONTACTS MEMBERSHIP. Members may opt to have their memberships automatically renewed on their credit or debit card for a new annual term. Emergency Contacts will continue to renew your membership automatically each year, until you notify Emergency Contacts that you wish to cancel your service or renew it for a longer period of time.

6. CHANGING THE STATUS OF YOUR EMERGENCY CONTACTS MEMBERSHIP. Emergency Contacts will only accept requests from a member (or from someone we can confirm is your authorized agent) to activate, cancel, change, reactivate, or renew your membership. If we do any of these things, you agree to pay for the charges associated with these requests. If your membership expires and it is not renewed it will become inactive.

7. CHANGES TO YOUR EMERGENCY CONTACTS MEMBERSHIP BENEFITS. Emergency Contacts can change the benefits and services associated with membership at any time with 30 days notice to subscribers. This includes changing any or all of the terms and conditions of this agreement, including the prices and services provided. If you do not cancel your membership within 30 days after you receive notice of a change, you are in agreement with the change and it becomes part of the Emergency Contacts membership agreement.

8. MEMBERSHIP RESPONSIBILITIES. It is your responsibility as a member to keep your personal and contacts’ information current and maintain its accuracy by accessing your account online.

9. RESPONSIBILITY TO PAY FOR EMERGENCY CONTACTS SERVICES. It is your responsibility as a member to keep your account current. You must purchase a membership before becoming a member and receiving member benefits and services.

10. HOW TO PAY FOR YOUR EMERGENCY CONTACTS MEMBERSHIP. Emergency Contacts accepts all valid major credits cards. Emergency Contacts will charge your credit or debit card and bill you for your membership and any specified services or items. If your credit or debit card provider refuses a charge, we can terminate or suspend your membership.

11. YOUR RESPONSIBILITY TO TELL EMERGENCY CONTACTS RIGHT AWAY ABOUT ANY BILLING DISPUTES. If you object to any fees or charges for services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred, or you are waiving the right to dispute such charges.

12. YOUR RESPONSIBILITY TO PAY FOR TAXES, FEES, AND SURCHARGES. Members promise to pay all taxes, fees, and surcharges set by the government and charged to you by us. We may not be able to tell you in advance of changes to these items.

13. OUR RIGHT TO TERMINATE OR SUSPEND MEMBERSHIP. We may terminate your Emergency Contacts membership without prior notice to you for any good cause. This means, for example, we can terminate your service if you breach any part of this agreement, do not pay the membership fee, interfere with our efforts to provide service, interfere with our business, or if your membership is used for illegal or improper purposes. You do not have any right to have your membership reinstated, even if you alleviate any of these problems. Whether to allow you be a member again will be entirely up to Emergency Contact. We can suspend your membership for any reason we could terminate it.

14. MEMBER PRIVACY. We collect information about you and your contacts from the Emergency Contacts web pages and forms you complete online when you become a member. We may also collect information over the telephone.
You agree that we can use this information to: (a) provide Emergency Contacts member services to you or your family; (b) provide information to emergency responders with your permission; (c) evaluate and improve our service; (d) enforce this agreement with you or others; (e) prevent fraud or misuse of Emergency Contacts services; (f) comply with legal requirements, valid court orders and exigent circumstances; (g) protect the rights, property, or safety of you or others; (h) offer you new or additional products or services; or (i) perform market research.
Because Emergency Contacts may deliver member service through wireless networks, we cannot promise that communications will not be intercepted by others. You agree Emergency Contacts will not be liable for any damages for any loss of privacy occurring in communication over such networks. We may monitor communications with members or their contacts for training purposes, or to improve the quality of our member service.

15. NO WARRANTIES ON SERVICES FROM EMERGENCY CONTACTS. Warranties are special kinds of promises. Emergency Contacts does not make any warranties, either express or implied, about the services we provide.

16. LIMITATIONS OF LIABILITY. You and Emergency Contacts each are waiving important rights unless forbidden by law in a particular circumstance, we and our members agree to the following:

a. First, we are not liable if we are unable to reach our members contacts after reasonable efforts to do so
b. We are not liable for the actions or inactions of any of our members’ contacts
c. We are not liable for any injuries to persons or property related to our services
d. You agree to waive any and all civil claims or wrongs against us to the fullest extent of the law.
e. Unless otherwise stated in this agreement, your maximum liability to us under any legal theory (including, but not limited to fraud, misrepresentation, breach of contract, personal injury, or other form of liability) is limited to any charges due and owing by you to us.
f. Neither you nor Emergency Contacts can recover punitive damages; treble, consequential, indirect or special damages; or attorney fees. You and we agree not to make, and waive to the full extent allowed by law, claims for damages other than direct, compensatory damages as limited by this agreement.
g. Not withstanding anything else in this agreement, you agree to excuse any non-performance by us caused in whole or in part by an act or omission of a third party, or by any equipment failure or information technology failure, act of God, natural disaster, strike, or other causes beyond the control of Emergency Contacts.
h. You agree that the limitation of liabilities and indemnities in this agreement will survive even after membership has ended. These limitation of liability apply to all members and all persons named on a member’s account, anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your Emergency Contact membership.

17. YOUR RESPONSIBILITY FOR INSURANCE. The services Emergency Contacts provides to members are intended as a convenience. Emergency Contacts is not an insurance company. Members are expected to obtain and maintain appropriate insurance for personal injury, loss of property, and other risks.

18. RESPONSIBILITY FOR PAYMENT IN CERTAIN CIRCUMSTANCES. If you have authorized Emergency Contacts to charge amounts due against your credit or debit card account or other similar account by giving us a card or account number, then your agreement extends to claims, expenses, liabilities, or damages arising out of or in connection with the use or ownership of the credit or debit card account or other similar payment account, or from the issuer’s refusal to pay amounts charged to such account.

19. DISPUTE RESOLUTION. If there is a disagreement related to Emergency Contacts membership services, we will try to resolve it by speaking with each other. If we cannot resolve our disagreement in this way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS TO RESOLVE THE DISPUTE.

20. GOVERNING LAW. To the fullest extent permitted by law and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.

21. COMMUNICATION. Any written notice from you required by this agreement will be considered given when we receive it at our corporate address. Any written notice from us required by this agreement will be considered given three days after we mail it to you at the billing address we have on file for you at the time. To review the Emergency Contacts Privacy Statement and other information, you can visit www.emergencycontacts.com.

22. OUR RELATIONSHIP. No fiduciary relationship exists between our members and Emergency Contacts.

23. ASSIGNMENT OF THIS AGREEMENT. Emergency Contacts can assign this agreement or and member obligations to pay under it in whole or in part to anyone we choose. Members cannot assign this agreement or obligations to anyone else without Emergency Contacts’ prior consent.

24. THIS IS THE ENTIRE AGREEMENT. This agreement is the entire agreement between you and Emergency Contacts, a wholly owned company of Peitho, Inc. It supersedes all other agreements or representations, oral or written, between us, past or present. If any part of this agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it's been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify for member benefits. This activity or this statement will not be a waiver or require us to do so in the future. You agree that we will not be liable for anything resulting from our provision of such voluntary service.