THIS IS A LEGAL AGREEMENT (“AGREEMENT”) THAT GOVERNS YOUR USE OF THE SERVICE (AS DEFINED BELOW) PROVIDED BY ALLSWELL.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING "AGREE," YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THEY WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
Please contact us at email@example.com with any questions regarding this Agreement.
By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. You may print a copy of this Agreement for your records.
We may, at any time and for any reason, make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on allswellalert.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the website or via email.
If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Services and leaving AllsWell. Additionally, if we update or upgrade the Services, you may be required to accept the most recent version of the Agreement to access the updated or upgraded Services.
We agree to provide to you the Services as described below, and the subscriber (“Member”) and the person who is paying for the Services, if different from the Member (the “Payer”), agree to make the payments, and perform the obligations, and be bound by the terms of this Agreement, as described below.
Installation of Mobile App. AllsWell will provide the Mobile App, which shall be installed on the Member’s smartphone. The Mobile App shall be in good operating condition and, upon activating the Mobile App on the smartphone transmitting device, the Mobile App will contact a monitoring facility. The Member will install and test the Mobile App and confirm that, upon activating the transmitting device, the Mobile App will contact a monitoring facility.
Description of Monitoring Services. The Services provided by AllsWell consist solely of alerting the persons, entities or agencies chosen by the Member during JOIN FREE FOR A MONTH or thereafter ("Emergency Contacts") The alerts will be sent upon receipt by a monitoring facility of data or other communication from the Member’s smartphone Mobile App reporting an event involving the Member that requires assistance (a "Response Condition"). Typically a Response Condition is inactivity of the Member’s smartphone on which the Mobile App has been installed for a specified period of time chosen by the Member during JOIN FREE FOR A MONTH or thereafter. Following receipt of notice of a Response Condition, AllsWell will send the Emergency Contacts an email and SMS to their respective email addresses and phone numbers entered by the Member during JOIN FREE FOR A MONTH or thereafter. The email and SMS will contain either a map or a link to a map where the Member’s smartphone was last located.
Ownership of Mobile App. AllsWell will, at all times, own the Mobile App and all rights thereto. AllsWell’s proprietary rights are discussed more fully below.
AllsWell’s Service is directed towards persons living independently and the Emergency Contacts, who are typically part of the Member’s adult family or other adult neighbors or friends, as designated by the Member. No Service provided by AllsWell is directed to persons under the age of 13.
You must be at least 13 years of age to access and use the Service or serve as a Responder. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
Don’t reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify AllsWell of any security breach of your Account. As described below, AllsWell shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your information to keep it accurate and complete. You agree that AllsWell may store and use your information to maintain your Account.
This Agreement will remain in full force and effect while you use the Service and/or have an AllsWell account, provided you make payments when due and keep your account in good standing. You may terminate your account at any time, for any reason.
Any default in payments or other defaults by you in abiding by the terms of this Agreement may result in our terminating your account and this Agreement.
AllsWell may terminate or suspend your account at any time without notice if AllsWell believes that you have breached this Agreement, or for any other reason, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees. AllsWell is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, THAT THE SERVICE IS 100% FAIL PROOF, AS MANY OF ITS FEATURES DEPEND ON OTHER COMPANIES, SUCH AS, BUT NOT LIMITED TO, THE STORAGE OF THE INFORMATION, THE SMARTPHONE'S OPERATION AND CONNECTION, OR THE ACCURACY OF THE SMARTPHONE'S LOCATION.
Due to the potential for service interruption or outages of systems outside the control of AllsWell, such as, but not limited to, the carrier networks, the internet service, the smartphone’s functionality or power settings, the Service is not guaranteed. AllsWell will have no liability with respect to these or any other failures.
YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION YOU INPUT INTO ALLSWELL (“CONTENT”). YOU UNDERSTAND AND AGREE THAT ALLSWELL DOES NOT CONDUCT CHECKS OR SCREENINGS ON ITS USERS OR VERIFIES THE ACCURACY OF THE INFORMATION THE USERS ENTER. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE INFORMATION ENTERED BY OR ON BEHALF OF ITS USERS.
ALLSWELL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF THE LOCATION OF THE USER'S PHONE.
You may not post as part of the Service, or transmit to AllsWell or any other user (either on or off the Service), any inaccurate, incomplete, or illegal material. You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service. AllsWell is not responsible for the conduct of its user, Emergency Contacts or any other person. In no event shall AllsWell, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from the use of the Service.
You agree to take all necessary precautions to ensure the proper function of the Service, including, but not limited to, the choice of your Emergency Contacts, their availability, their information, the time AllsWell will be monitoring if your smartphone is active, the information you input, the time zone you operate in, turning the Service on or off when needed, such as, but not limited to, when you're traveling and that in no circumstances will AllsWell, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of, relating or in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from the use of the Service.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ALLSWELL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ALLSWELL SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ALLSWELL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ALLSWELL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ALLSWELL DISCLAIMS ANY LIABILITY RELATING THERETO.
AllsWell owns and retains all proprietary rights in the Service and the Mobile App, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the AllsWell or, if such property is not owned by AllsWell, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by AllsWell and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, AllsWell and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will AllsWell be liable for making these changes. AllsWell may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
AllsWell, the AllsWell logo, and other AllsWell trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of AllsWell in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
You agree not to, or attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited in the Service. You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor's school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service participant, an AllsWell employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (AllsWell reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
e. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing");
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities;
k. cheat or otherwise modify the Service or the game experience to effect an advantage for one player over another.
AllsWell reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that AllsWell may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of AllsWell or any other person.
YOU AGREE THAT ANY CONTENT YOU PLACE ON THE SERVICE MAY BE VIEWED BY YOUR EMERGENCY CONTACTS, OTHER EMERGENCY RESPONDERS OR OTHER PERSONS.
AllsWell reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way AllsWell regards as inappropriate or unlawful.
AllsWell provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time inappropriate, we reserve the right to immediately terminate your account.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ALLSWELL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ALLSWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ALLSWELL'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT.
You acknowledge and agree that neither AllsWell nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by you or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network, computer online systems, servers or providers, computer equipment, smartphone, software, failure of email or messages on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that AllsWell is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources.
Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that AllsWell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, please delete the app and cancel your subscription.