MY911LIFE™ is not a medical provider or an emergency service provider. In an actual emergency, please use your phone to call 911.
Last Modified: December 30, 2024
This Terms of Service Agreement (this “Agreement”) is a binding contract between you (“Customer”, “you”, or “your”) and MY911 Inc. (”MY911”, “we”, or “us”). This Agreement governs your access to and use of our Services.
THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “I ACCEPT” BUTTON OR BY ACCESSING OR REGISTERING TO USE THE SERVICES (the “Effective Date”). BY CLICKING ON THE “I ACCEPT” BUTTON OR USING OR REGISTERING TO USE THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT SELECT THE “I ACCEPT” BUTTON AND DO NOT USE OR REGISTER TO USE THE SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
NOTE THAT SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT.
You acknowledge and agree that the Privacy Policy and Terms & Conditions governing MY911LIFE require you to use MY911LIFE within Florida where you registered for MY911LIFE (the “Registry Jurisdiction”). If you use MY911LIFE outside the Registry Jurisdiction, you may be subject to other privacy laws and restrictions of the applicable outside jurisdiction. IN NO EVENT WILL MY911 BE LIABLE OR RESPONSIBLE FOR ANY LOSSES, DAMAGES, INABILITY TO USE DATA, OR BREACH OF YOUR DATA RESULTING FROM YOUR ACCESS TO OR USE OF MY911 OUTSIDE OF THE REGISTRY JURISDICTION.
Customer shall pay MY911 the fees as described on www.my911life.com (“Fees”), within thirty (30) days from the invoice date without set-off or deduction. Fees are subject to change without notice and MY911 reserves the right to modify and/or discontinue services without notice. Customer shall make all payments hereunder in U.S. Dollars on or before the due date. If Customer fails to make any payment when due, without limiting MY911’s other rights and remedies: (i) MY911 may charge interest on the past due amount at the rate of twelve percent (12%) per annum or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse MY911 for all reasonable costs incurred by MY911 in collecting any late payments or interest, including legal fees, court costs, and collection agency fees; and (iii) if such failure continues for sixty (60) days or more, MY911 may suspend, in accordance with section 2(6), Customer’s access to any portion or all of the Services until such amounts are paid in full.
All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all applicable sales tax and any other similar taxes, duties and charges of any kind imposed by any federal, provincial, territorial or local governmental entity on any amounts payable by Customer hereunder, other than any taxes imposed on MY911’s income.
MY911 complies with its privacy policy available at https://my911life.com/privacy-policy/ (“Privacy Policy”), in providing the Services. The Privacy Policy is subject to change as further described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
As between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the Services and (b) you own all right, title, and interest, including all intellectual property rights, in and to Customer Data. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
Customer Indemnification. Customer shall indemnify, hold harmless, and, at MY911’s option, defend MY911 and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, suits, damages, liabilities, obligations, charges expenses, and other expenses whatsoever, including court costs and reasonable attorney’s fees (collectively “Losses”) arising from or relating to any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights; or (ii) based on Customer’s negligence or willful misconduct or use of the Services in a manner not authorized by this Agreement; provided that Customer may not settle any Third-Party Claim against MY911 unless MY911 consents to such settlement, and further provided that MY911 will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
IN NO EVENT WILL MY911 BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER MY911 WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT WILL MY911 BE LIABLE OR RESPONSIBLE FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (G) THE PRACTICE OF MEDICINE; (H) THE EXERCISE OF INDEPENDENT MEDICAL JUDGMENT; OR (I) ANY PATIENT OUTCOMES FROM MY OR A LICENSED MEDICAL PROFESSIONAL’S USE OF THE SERVICES.
IN NO EVENT WILL MY911’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO MY911 UNDER THIS AGREEMENT IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,000, WHICHEVER IS LESS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 11 DO NOT APPLY TO THE PARTIES’ OBLIGATIONS UNDER SECTION 10.
You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. You will be notified of modifications through notifications or posts on www.my911life.com or direct email communication from us, at our sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. MY911 will provide at least sixty (60) days’ advance notice of changes to any Service Level that MY911 reasonably anticipates may result in a material reduction in quality or services.
THIS SECTION APPLIES TO YOU. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND WE HEREBY EXPRESSLY WAIVE THE RIGHT TO ANY TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU AND WE EACH AGREE THAT CLAIMS WILL ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES AND NEITHER OF YOU OR WE WILL BRING A CLAIM AS A PART OF A CLASS, WHETHER AS LEAD PLAINTIFF, MEMBER, REPRESENTATIVE, OR OTHERWISE. YOU ALSO AGREE THAT ANY DISPUTE ARISING BETWEEN US WILL BE RESOLVED INDIVIDUALLY BETWEEN YOU AND US IN ACCORDANCE WITH THIS SECTION 14.
If any dispute or controversy arises between you and us relating to or arising from this Agreement or the relationship between you and us (a “Dispute”), the Dispute will be resolved in accordance with this section 14.
Before resorting to arbitration, each of you and us will try to resolve the Dispute through negotiation in good faith. The complaining party (the “Complainant”) will first provide the other party (the “Respondent”) with a written notice of the dispute (a “Notice of Dispute”). The Notice of Dispute will include (i) the full legal name and contact information of the Complainant, (ii) describe the nature and basis of the claim or dispute in detail, and (iii) set out the specific relief that the Complainant is seeking. If we are the Complainant, we will send any Notice of Dispute to your billing address on file and to the last email address that you have provided to us. If you are the complainant, you will send the Notice of Dispute to the address of our headquarters, which can be found at www.my911life.com, prepaid, by registered mail or nationally recognized courier, with proof of receipt requested. The effective date of the Notice of Dispute will be the day that we receive it, if sent to us, or the day that we send it by email if sent to you.
If you and us are unable to come to a negotiated agreement within 30 days of the effective date of the notice of Dispute, the Dispute will be finally and conclusively resolved by binding arbitration under the Federal Arbitration Act. The venue for arbitration shall be either through videoconference or a location that is of equal distance between the parties upon mutual written agreement of the parties. The language of the arbitration shall be in English. You and us agree to keep the proceedings of the arbitration, all events leading up to the arbitration and the outcome of the arbitration confidential. Our submission and agreement to arbitrate shall be specifically enforceable, and the judgment of the arbitrator granting an award to you or us may be entered in any court having jurisdiction thereof. There will be no appeal from the decision of an arbitrator, except on a question of law and we shall split the costs of arbitration equally. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. To the maximum extent permitted by law, each arbitration shall be individually between two parties at a time, and no arbitrations shall be combined so as to form a class arbitration.
Any question that must be put to a court pertaining to a Dispute shall be put to the courts of Delaware. If this section 14 is found to be unenforceable in whole or in part, then the exclusive jurisdiction and venue provisions of section 15 and 16 shall govern.
This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice or conflict of law provision or rule.
If Section 14 is found unreasonable, any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement, including all statements of work, exhibits, schedules, attachments, and appendices attached to this Agreement, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our corporate headquarters address available at www.my911life.com and must be delivered either by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.
If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Designed to streamline emergency
medical communications through
written and/or smart technology for
patients and healthcare professionals.