These BF alert systems Terms and Conditions of Use (“Agreement”) govern your use of our Services. You accept this Agreement either by using the Services, by indicating your acceptance on our website, or by executing an Order Form. This Agreement is effective as of the date of your acceptance (the “Effective Date”). This Agreement applies whether you are a casual visitor to the Site or a person who utilizes the Services to purchase service (a “User”).

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You may not access the Services: (a) if you do not agree to these terms and conditions; or (b) for purposes of monitoring their availability, performance or functionality.

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The Services and the Site are evolving and are continually under development. If you are dissatisfied with the Services in any way, we ask you to tell us by sending an email to Contact@remember2.ai . We may make changes to these Terms and Conditions from time to time. When these changes are made, we will make a new copy of the Terms and Conditions available to you through the Site. Your use of the Services after the date on which the updated Terms and Conditions are made available to you through the Site constitutes your acceptance of the updated Terms and Conditions. If you disagree with changes to the Services or updates to the Terms and Conditions, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; (ii) if you are a User, to cancel your Account.

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1.0 Definitions 

1.1. “Account” means the particular instance of the Site authorized for use by you and  your Users (as applicable) under your specific login.

 

1.2. “Order Form” means the service and related documents through which a User purchases the Remember2™ Services or downloads the App Order Forms shall be deemed incorporated herein by reference.

 

1.3. “Services” means all services you order from us and made available by us via the  Site and/or other locations designated by us.

 

1.4. “Site” means https://www.remember2.ai/.

 

1.5. “Subscription Period” means the subscription time selected in a User’s Order Form.

 

1.6. "We," "Us" or "Our" means B.F. Alert Systems LLC.

 

1.7. "You" or "Your" means yourself individually or the company or other legal entity for  which you are accepting this Agreement. As used in this Agreement, “you” or “your”  may encompass casual browsers and Users, as applicable.

 

1.8. “User” means an authorized user of the Services.

 

1.9. "User Data" means all electronic data or information submitted by you.

 

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2.0 Disclosures/Healthcare Regulatory Information

2.1. Do not disclose anything publicly on the Site that you do not want to be public. WE  ARE NOT RESPONSIBLE FOR THE DISCLOSURE OR PUBLICATION OF ANY  PRIVATE INFORMATION THAT YOU SHARE PUBLICLY ON THE SITE. We only publish your username, not the email address or the name on your account. If you want  someone to know your real name, then you will have the option to release that  information at any time. We consider health information to be private information, and  recommend against disclosing your identity publicly on the Site. See Section 8, together  with our Privacy Policy, for more information on our confidentiality obligations.

 

2.2. WE DO NOT PROVIDE MEDICAL ADVICE, NOR DO WE PROVIDE ANY  GUIDANCE OR SUGGESTED TREATMENT FOR YOUR PARTICULAR SITUATION  OR ANY OTHER FORM OF MEDICAL TREATMENT.  We never recommend or endorse any specific tests, physicians, products, procedures, opinions, or other medical  information. Reliance on any information provided by the Site is solely at your own risk.  You should always seek the advice of a medical professional regarding your health and  wellness. We are not responsible for any services provided/not provided by medical  professionals who treat you as a result of the Site and Services.

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2.3. Users must pay monthly subscription fees, and agree to the terms and conditions  found on the site. The Services we provide are based on compliance by the User of the  Site and the Services.

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2.4. This website is only to be used in connection with the purchase or sale of services  which are not reimbursed by any state or federal healthcare program, including  Medicare or Medicaid. No services may be offered on this website to beneficiaries of  any such federal or state health care program. No services received as a result of the  use of this website may be submitted to any federal or state health care program.

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3.0 Services.

3.1. User (Non-Subscription) Services. Visitors may casually browse the Site without  creating an Account. However, in order to place an Order Form through the Site and  take full advantage of the Services, Users must create an Account. A User’s Account is  specific to the individual, and login credentials cannot be shared or used by more than  one person.

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3.2. Service Commitment. We will use commercially reasonable efforts to make the  Services available 24 hours a day, 7 days a week, except for: (a) planned downtime; or  (b) any unavailability caused by circumstances beyond our reasonable control,  including, without limitation, acts of God, acts of government, floods, fires, earthquakes,  civil unrest, acts of terror, strikes or other labor problems, infrastructure or Internet  connectivity provider failures or delays, and denial of service or other malicious attacks. We will provide the Services in accordance with applicable laws and government regulations. We are not responsible for the loss of your records and User Data, and we  highly recommend that you backup your records and User Data regularly.

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3.4. Updates. We will update the Site and Services from time to time. These updates  are designed to improve, enhance and further develop the Services and may take the  form of bug fixes, enhanced functionality or updates. You agree to receive such updates  from us as part of your use of the Services.

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3.5. Your Duties. You are responsible for all activities that occur under your Account,  including, without limitation, Users’ compliance with this Agreement. You are  responsible for the accuracy, quality and legality of User Data, and for ensuring that the  Services are used only in accordance with applicable laws and government regulations.  You agree to provide true, accurate, current and complete information about yourself  and your Users as requested in any Order Form. You also agree to update the  information about yourself and your Users promptly, and as necessary, to keep it  current and accurate. You agree to use commercially reasonable efforts to prevent  unauthorized access to or use of the Services and to notify us promptly of any such  unauthorized access or use.

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4.0 Restrictions.

4.1. Usage Limitations. You may not use the Services or accept this Agreement if you  are not of a legal age to form a binding contract with us. The Services may be subject to  other limitations. As a condition of use, you promise not to use the Service for any  purpose that is prohibited by this Agreement. You further promise not to build a product  or service that is competitive to the Services.

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5.0 Third-Party Services and User Data You Send to Public Forums.

5.1. Additional Third-Party Terms. You may access and subscribe to third-party  products or services as add-ons or additional modules to provide specific functionality to  the Services, including, without limitation, specialized industry information and other  services. All third-party products and services are provided subject to all restrictions  required by us at the time of your subscription to such third-party products or services.

 

5.2. Integration with Third-Party Services. The Services may contain features designed  to interoperate with third-party applications (e.g., Google, Facebook or Twitter  applications). To use such features, you must have an account with such applications. If  the provider of any such third-party application ceases to allow us to integrate on  reasonable terms, we may cease providing such Service features without entitling you  to any refund, credit, or other compensation.

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5.3. Links to Third Party Sites; Third Party Contact Information. As you use the Service,  you may notice links and contact information for third parties. These links and this  contact information are for your convenience only. If you use these links or contact  information, you will be outside of the Service. We are not responsible for the  availability, content or services provided by these third parties. In addition, these links  and this contact information are not an endorsement or approval of these third parties. The services of these third parties will be provided under terms determined solely  between you and them.

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5.4. Rights in Posted Content. By posting any content to any public area of the Site, you  grant, and you represent and warrant that you have the right to grant, to us, and our  affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid,  worldwide license to use, copy, perform, display, reproduce, adapt, modify and  distribute such information and content and to prepare derivative works of, or  incorporate into other works, such information and content, and to grant and authorize  sublicenses of the foregoing. You further represent and warrant that public posting and  use of your content by us will not infringe or violate the rights of any third party.

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6.0 Product Pricing

6.1 Product Pricing. The displayed pricing on the Site may change based on whether  any add-ons were also purchased along with the product. You agree to pay BF Alert  Systems all charges at the prices then in effect for the products you or other persons using your billing account purchase, and you authorize BF Alert Systems to charge your  chosen payment provider for those purchases. You agree to make payment using that  selected payment method.

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6.2 Consent to Charge. You consent to our charging your payment method on a  recurring basis, without requiring your prior approval from you for each recurring charge  until such time as you cancel the applicable product or service. BF Alert Systems reserves the right to correct any errors or mistakes in pricing that it makes even if it has  already requested or received payment. Sales tax will be added to the sales price of  purchases as deemed required by BF Alert Systems. We reserve the right to change  prices at any time. All payments shall be in U.S. dollars.

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6.3 Fees. The renewal payment may be paid in advance for a period of up to twelve  (12) months in order to ensure that the renewal payment shall not increase during such  time period. Otherwise, we may increase the renewal payment at any time following the  initial minimum service commitment upon written notice.

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6.4 Term and Renewal. Following the expiration of Subscriber's initial minimum service  commitment, the term of the Medical Alert System Service Agreement (the  "Agreement") is month-to-month.

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6.5 Termination. You or we may terminate the Agreement at any time by providing thirty  (30) days written notice. Our obligation to provide the Service shall terminate  automatically as of thirtieth (30th) day following the date of such notice. Subject to the  terms of this Agreement, BF Alert Systems shall refund User any amounts pre-paid for  services not provided following such date. We may terminate this Agreement for good  cause (including your failure to pay any amounts due hereunder) following ten (10) days  written notice. Your obligations under this Agreement shall survive the cancellation or  non-renewal of this Agreement by you or Company for any or no reason.

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7.0 Ownership of Site and Services.

7.1. Rights in Services. We reserve all rights, title and interest in and to the Site and the  Services, including all related intellectual property rights. No rights are granted to you  hereunder other than as expressly set forth herein.

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7.2. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license  to use and incorporate into the Site and the Services any suggestions, enhancement  requests, recommendations or other feedback provided by you, including Users.

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8.0 Confidentiality.

8.1. Definition. The term “Confidential Information” means the provisions of an Order  Form, and any and all information, written or oral, provided or made available by or on  behalf of one party or its affiliates, contractors, or vendors to the other party or its  affiliates, contractors, or vendors in connection with this Agreement or the parties’  relationship hereunder, whether or not designated as confidential. Information of a third  party to whom a party owes a duty of confidentiality will be treated as Confidential  Information of that party if it meets the description above. However, Confidential  Information does not include information that: was or is publicly available other than as  a result of a breach of this Agreement by the Recipient (as defined below); was or is  lawfully received by the Recipient free of any obligation of confidentiality; or, is  independently developed by or on behalf of the Recipient without use of the Discloser’s Confidential Information.

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8.2. Obligations. Each party (“Recipient”) will not access or use the Confidential  Information of the other party (“Discloser”) for any purposes other than the performance  of its obligations or receipt of benefits hereunder and shall maintain such information in  the strictest confidence, except for disclosures expressly authorized hereunder.  Recipient may disclose the Discloser’s Confidential Information to Recipient’s  employees, attorneys, advisors, and contractors who have a legitimate “need to know,”  provided that Recipient ensures that all such entities and persons are obligated to and  do comply with confidentiality obligations consistent with (and no less restrictive than)  this Section 8 (Confidentiality), but in no event may you disclose any of our Confidential  Information to any of our competitors (or any of their affiliates) or any employees or  contractors of any such competitors. Recipients may additionally disclose the Discloser’s Confidential Information to the extent such disclosure is necessary in connection with the enforcement of this Agreement.

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8.3. Compelled Disclosure. The Recipient may disclose Confidential Information of the  Discloser if it is compelled by law to do so, provided the Recipient gives the Discloser  prior notice of such compelled disclosure (to the extent legally permitted) and  reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the  disclosure. If the Recipient is compelled by law to disclose the Discloser’s Confidential  Information as part of a civil proceeding to which the Discloser is a party, and the  Discloser is not contesting the disclosure, the Discloser will reimburse the Recipient for  its reasonable costs of compiling and providing secure access to such Confidential  Information.

 

8.4. Privacy and User Information. For information about our data protection practices,  please read our privacy policy, located at https://www.remember2.ai/privacy-policy. This  policy explains how we treat User Data and protect your privacy when you use the  Services. You agree to the use of User Data in accordance with our privacy policy.

 

8.5. User Data. As described more fully in our privacy policy, you grant us broad rights  to use and exploit de-identified data, including de-identified User Data collected by us  through your use of the Services, whose rights continue even after this Agreement ends.  Except for our limited rights to use the User Data set forth throughout this Section 8 and  in our privacy policy, we acquire no right, title or interest from you or your Users under  this Agreement in or to User Data, including any intellectual property rights therein.

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9.0 Warranties.

9.1 To the fullest extent permitted by law, B.F. Alert Systems, LLC its officers, directors,  employees, and agents disclaim all warranties, express or implied, in connection with  the Site, our services and your use thereof, including, without limitation, the implied  warranties of merchantability, fitness for a particular purpose and non-infringement. BF  Alert Systems makes no warranties or representations about the accuracy or  completeness of the Site's content or the content of any websites linked to this Site and  assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of  content and materials, (b) personal injury or property damage, of any nature  whatsoever, resulting from your access to and use of our Site, (c) any unauthorized  access to or use of our secure servers and/or any and all personal information and/or  financial information stored therein, (d) any interruption or cessation of transmission to  or from the Site or our Services, (e) any bugs, viruses, or the like which may be  transmitted to or through the Site by any third-party, and/or (f) any errors or omissions in  any content and materials or for any loss or damage of any kind incurred as a result of  the use of any content posted, transmitted, or otherwise made available via the Site.  YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE,  PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE  ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. BF ALERT  SYSTEMS DOES NOT MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE  IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT  ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL  BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER  HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS  FORM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS  ON THE SITE.

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9.2. Beta Services. From time to time we may invite you to try, at no charge, our  products or services that are not generally available to our customers ("Beta Services").  You may accept or decline any such trial at your sole discretion. Any Beta Services will  be clearly designated as Beta, pilot, limited release, developer preview, non-production,  or by a description of similar import. Beta Services are provided for evaluation purposes  and not for production use, are not supported under our support plan, may contain bugs  or errors, and may be subject to additional terms. BETA SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND ARE PROVIDED "AS IS" WITH NO  EXPRESS OR IMPLIED WARRANTY. We may discontinue Beta Services at any time  at our sole discretion.

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10.0 Indemnification.

10.1. Indemnification by Us. We shall defend you against any claim, demand, suit, or  proceeding made or brought against you by a third party alleging that the use of the  Services as permitted hereunder infringes or misappropriate the intellectual property  rights of a third party (a "Claim We Cover"), and we shall indemnify you for any  damages, attorney fees and costs finally awarded against you as a result of, and for  amounts paid by you under a court-approved settlement of a Claim We Cover; provided  that you: (a) promptly give us written notice of the Claim We Cover; (b) give us sole  control of the defense and settlement of the Claim We Cover (provided that we may not  settle any Claim We Cover unless the settlement unconditionally releases you of all  liability); and (c) provide to us all reasonable assistance, at our expense. In the event of  a Claim We Cover, or if we reasonably believe the Services may infringe or  misappropriate, we may in our discretion and at no cost to you (i) modify the Services  so that they no longer infringe or misappropriate, (ii) obtain a license for your continued  use of the Services in accordance with this Agreement, or (iii) terminate your Account  and User subscriptions for such Services upon 30 days written notice and refund any  prepaid fees covering the remainder of the term of such User subscriptions after the  effective date of termination.

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10.2. Indemnification by You. You shall defend us against any claim, demand, suit or  proceeding made or brought against us by a third party: (a) alleging that User Data or  your use of the Services infringes or misappropriate the intellectual property rights of a  third party; (b) alleging that User Data or your use of the Services violates applicable  law; (c) arising from any data or security breach caused by you; and/or (d) related to a  dispute between you and such third party (whether you are a provider or a patient) (a  "Claim You Cover"), and you shall indemnify us for any damages, attorney fees and  costs as a result of, or for any amounts paid by us in respect of a Claim You Cover;  provided that we: (i) promptly give you written notice of the Claim You Cover; (ii) give  you sole control of the defense and settlement of the Claim You Cover (provided that  you may not settle any Claim You Cover unless the settlement unconditionally releases  us of all liability); and (iii) provide to you all reasonable assistance, at your expense.

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11.0 Limitation of Liability.

11.1. LIMITATIONS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS SHALL  BE LIABLE WITH RESPECT TO ANY SERVICES AND/OR UNDER CONTRACT,  NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE  THEORY FOR: ANY AMOUNTS IN EXCESS OF THE APPLICABLE FEES PAID  DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST  EVENT, ACTION, OR OMISSION GIVING RISE TO THE CLAIM FOR WHICH ANY CREDITS OR DAMAGES ARE PAID OR HELD RECOVERABLE HEREUNDER. FOR  CLARIFICATION, ANY SERVICE CREDITS PAID BY US SHALL REDUCE OUR  LIABILITY CAP ON A DOLLAR-FOR-DOLLAR BASIS AND SHALL NOT BE DEEMED  OR TREATED AS AN ADMISSION OF LIABILITY.

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11.2. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. IN NO EVENT  SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY BUSINESS INTERRUPTION,  LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED,  WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY,  AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF  SUCH DAMAGES. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE  EXTENT PROHIBITED BY APPLICABLE LAW. HOWEVER, IN SUCH EVENT, YOU  AGREE THAT SUCH LIMITATIONS OF LIABILITY ARE REASONABLE, AND ARE  FUNDAMENTAL ELEMENTS FOR THE SCOPE OF THE SERVICE AND THE FEES  CHARGED TO YOU. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WOULD  NOT BE ABLE TO OFFER THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.

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12.0 Copyright and Trademark Policies

The content on the Site ("Company Content") and the trademarks, service marks and  logos contained therein ("Marks") are owned by or licensed to BF Alert Systems, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our trademarks and trade dress may not be  used, including as part of trademarks and/or as part of domain names, in connection  with any product or service in any manner that is likely to cause confusion and may not  be copied, imitated, or used, in whole or in part, without the prior written permission of  B.F. Alert Systems, LLC.

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Company Content on the Site is provided to you "AS IS" for your information and  personal use only and may not be used, copied, reproduced, aggregated, distributed,  transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other  purposes whatsoever without the prior written consent of the respective owners.  Provided that you are eligible to use the Website, you are granted a limited license to  access and use the Site and the Company Content and to download or print a copy of  any portion of the Company Content to which you have properly gained access solely  for your personal, non-commercial use. BF Alert Systems reserves all rights not  expressly granted to you in and to the Website and Company Content and Marks.

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13.0 Disputes, Arbitration Agreement and Waiver of Certain Rights 

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

 

If there is a dispute, controversy or claim ("Dispute") between you and B.F. Alert Systems, LLC regarding these Terms and Conditions or the Site, you agree that we will resolve any  Disputes through final and binding arbitration instead of through court proceedings. You and B.F. Alert Systems, LLC hereby waive any right to a jury trial of any Dispute. The  arbitration shall be commenced and conducted under the Commercial Arbitration Rules  of the American Arbitration Association ("AAA") and, where appropriate, the AAA's  Supplementary Procedures for Consumer Related Disputes.  A single arbitrator will hear and determine the arbitration, which will be kept confidential along with the proceedings  and all elements of it, such as pleadings and briefs. The arbitrator's decision will be both  final and binding.

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You and B.F. Alert Systems agree that any arbitration shall be limited to the Dispute  between us and you individually. To the full extent permitted by law, (1) no arbitration  shall be joined with any other; (2) there is no right or authority for any Dispute to be  arbitrated on a class-action basis or to utilize class action procedures; and (3) there is  no right or authority for any Dispute to be brought in a purported representative capacity  on behalf of the general public or any other persons.

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If any element of this Section is found to be illegal or unenforceable, it will no longer be  in effect, but the rest of this Section will continue to stand. This Section of this  Agreement will be kept in effect until you terminate your relationship with BF Alert  Systems.

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14.0 Miscellaneous

14.1. Notices. You agree that we may provide you with notice, including changes to this  Agreement, by email, regular mail or postings in your Account.

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14.2. Export Compliance. The Services, other technology we make available, and  derivatives thereof may be subject to export laws and regulations of the United States  and other jurisdictions. Each party represents that it is not named on any U.S.  government denied-party list. You shall not permit Users to access or use Services in a  U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in  violation of any U.S. export law or regulation.

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14.3. Relationship of the Parties. The parties are independent contractors. This  Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or  employment relationship between the parties.

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14.4. No Third-Party Beneficiaries. There are no third-party beneficiaries to this  Agreement.

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14.5. Waiver. No failure or delay by either party in exercising any right under this  Agreement shall constitute a waiver of that right.

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14.6. Severability. If any provision of this Agreement is held by a court of competent  jurisdiction to be contrary to law, the provision shall be modified by the court and  interpreted so as best to accomplish the objectives of the original provision to the fullest  extent permitted by law, and the remaining provisions of this Agreement shall remain in  effect.

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14.7. Attorney Fees. You shall pay on demand all of our reasonable attorney fees and  other costs incurred by us to collect any fees or charges due us under this Agreement  following your breach of Sections 6 (Payment).

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14.8. Interpretation. No provision shall be construed against a party by reason of the  fact that such party or its legal counsel drafted that provision, notwithstanding any rule  of law or any legal decision to the contrary. For purposes of interpreting this Agreement:  (a) the terms “herein,” “hereof,” “hereto,” “herewith”, “hereunder,” “hereinafter,” and  similar terms shall refer to this Agreement as a whole; (b) the terms “includes” and  “including” shall mean “including, without limitation”; (c) references to Sections in any  particular Attachment shall refer to Sections in that same Attachment, unless otherwise  specified therein; and (d) headings contained herein are for convenience of reference  only and shall not affect the interpretation of this Agreement. For purposes of this  Agreement, whenever the context requires, the singular number will include the plural,  and vice versa.

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14.9. Entire Agreement. This Agreement, including all exhibits and addenda hereto and  all Order Forms, constitutes the entire agreement between the parties and supersedes  all prior and contemporaneous agreements, proposals or representations, written or  oral, concerning its subject matter. No modification, amendment, or waiver of any  provision of this Agreement shall be effective unless in writing and either signed or  accepted electronically by the party against whom the modification, amendment or  waiver is to be asserted. However, to the extent of any conflict or inconsistency between  the provisions in the body of this Agreement and any exhibit or addendum hereto or any  Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in  Your purchase order or other order documentation (excluding Order Forms) shall be  incorporated into or form any part of this Agreement, and all such terms or conditions  shall be null and void.

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