Terms and Conditions

Effective Date: 03/05/2019

*Limited time offer. For new customers only. Must purchase annual subscription term. Service, product, & equipment availability, fees, & pricing may vary. Standard rates apply after the promotional period expires. Offer subject to change. Other fees may apply. Other restrictions apply.

Introduction

This Terms of Agreement ("Agreement") constitutes a legally-binding agreement between you ("user" or "you") and Medical Guardian, LLC and its affiliated companies (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of the https://www.medicalguardian.com/ website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Website"). You accept and agree to be bound by this Agreement by continuing to use the Website.

Terms and Conditions May Change

Medical Guardian, LLC reserves the right to modify and update this Agreement from time to time without giving prior notice. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement after any such modification becomes effective.

Privacy Policy

We care about the privacy of our users. Please review the Medical Guardian, LLC Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States, and you are consenting to the terms of our Privacy Policy.

International Use

By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance will all local laws that are applicable. Medical Guardian, LLC makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

Limited License and Permitted Use

You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access the Website pursuant to the requirements and restrictions of this Agreement. The content and software on this Website is the property of Medical Guardian, LLC and is protected by U.S. copyright law. You agree that you are only authorized to visit, view and to retain a copy of pages for the Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use unless otherwise specifically authorized by us to do so. This Website may not be used by you for any commercial purposes such as to conduct sales or services of any kind. Medical Guardian, LLC may change, suspend, or discontinue any aspect of the Website at any time. Medical Guardian, LLC may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Website. Except as provided in this Agreement, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its content in whole or in part. You shall not reverse engineer, decompile or modify the Website, in whole or in part or otherwise use the Website or the information contained therein or results derived therefrom to develop any products or services to be competitive with the Website, Medical Guardian, LLC or its affiliates.

Violation of this Agreement

You understand and agree that in Medical Guardian, LLC's sole discretion, and without prior notice, Medical Guardian, LLC may terminate your access to the Website, or exercise any other remedy available and remove any unauthorized user information, if Medical Guardian, LLC believes that the information you provide has violated or is inconsistent with this Agreement, or violates the rights of Medical Guardian, LLC, or any third party, or violates the law. Medical Guardian may terminate your license to use the Website if you unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Medical Guardian, LLC has the right, but not the obligation, to monitor any activity and content associated with the Website and investigate as it deems appropriate. Medical Guardian, LLC may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Medical Guardian, LLC also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third parties.

Disclaimer of Warranties

To the fullest extent permitted by law, Medical Guardian, LLC, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website our services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Medical Guardian, LLC makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to this Website 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 Website, (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 Website or our services, (e) any bugs, viruses, or the like which may be transmitted to or through the Website 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 Website. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. NEITHER MEDICIAL GUARDIAN NOR ITS SUBSIDIARIES MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVIALABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE 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 WEBSITE.

PROFESSIONAL ADVICE DISCLAIMER

Medical Guardian, LLC provides health information for informational purposes only, which should not be construed as advice. The information provided in this Website, or through links to other third party sites, is not a substitute for obtaining proper medical other professional care or services. We are not engaged in providing professional medical advice via this Website or otherwise. You should not view the information provided on this Website as a substitute for medical advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical professional. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Website. Medical Guardian, LLC does not warrant the accuracy, completeness or currency of the information provided on and made available through this Website. Medical Guardian, LLC does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Website.

Publication of the content appearing on this Website does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, advice, recommendation, treatment, action, or medication. This Website should not be construed as providing specific instructions for individual patients, nor as a substitute for the diagnosis, treatment and advice of a medical or other professional. Any content contained on this Website should not be used to determine treatment for a specific medical condition. Health content does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any drug or procedure is safe, appropriate or beneficial. Talk to a licensed doctor or pharmacist before using any prescription or over the counter drugs, including any herbal medicines or supplements. Only a licensed doctor or pharmacist can provide you with advice on what is safe and effective for you. You should also check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on this Website.

Registration

In order to access certain areas of the Website and use certain functions or features of the Website, such as posting comments on the Medical Alert Blog, you may be required to register as a contributor. There is no charge to register as a contributor, but you may need to choose a unique username, email address, and password. We reserve the right to remove, reclaim or change a username you select if we determine it is inappropriate in our discretion, such as when the username is obscene or otherwise objectionable. By logging into the Website, you represent and warrant that (i) you are the customer who registered for the services, (ii) that you are using the services only for permitted purposes, (iii) you are not a competitor of Medical Guardian, LLC, (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security, (v) you will ensure that you exit from your account at the end of each session, (vi) you will not select or utilize a username of another person with intent to impersonate that person, (vii) you will not select or utilize a username in which another person has rights, if you do not have that person's authorization to use such name. Please notify us of any potential unauthorized use of your account or breach of security.

By using our Website and services, you represent and warrant that all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; you will keep your password confidential and will be responsible for all use of your password and account; you are 13 years of age or older; your Contributions will not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent or other personal or proprietary rights; and your use of our services does not violate any applicable law or regulation.

Availability of the Website

You agree that from time to time we may remove the Website for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.

Contributions and Acceptable Use

When you create or make available text, videos, comments, suggestions or personally-identifiable information or other material (collectively "Contributions") to Medical Guardian, LLC and/or to or via the Website, you thereby represent and warrant that the material will not contain any items that may be unlawful or unfit for publication, including but not limited to material that (a) infringes the proprietary rights of any third party; (b) is obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by Medical Guardian, LLC; (c) incites, encourages or threatens physical harm against another; (d) includes any offensive comments; (d) violates, or links to material that violates, any provision of this Agreement or any applicable law or regulation; or (e) contains any virus, worm, malware or other potentially damaging programs or data;.

You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. But by posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you expressly grant to Medical Guardian, LLC an unrestricted, irrevocable, non-exclusive, transferable, sublicensable royalty-free, worldwide right and license to host, use, reproduce, disclose, publish, publicly display, reformat, transmit, and distribute such Contributions for any purpose in any media formats and channels.

Medical Guardian, LLC has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement. You hereby waive all claims and agree you have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us.

Medical Guardian, LLC does not endorse any content provided by users or any opinion, recommendation, or advice expressed in Contributions, and Medical Guardian LLC disclaims any and all liability in connection with content provided by users to the fullest extent permitted by applicable law.

Limitation of Liability

To the extent permitted by applicable law, under no circumstances shall Medical Guardian, LLC or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the Website or our services, your inability to use the Website, or from information provided on the Website even if Medical Guardian, LLC has been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis.

Third-Party Content and/or Software

The Website may contain links to other websites ("Third-Party Websites") as well as articles, graphics, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Medical Guardian, LLC does not endorse nor is responsible for the content on third-party websites.

If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Medical Guardian, LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Copyright and Trademarks

The content on the Website ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Medical Guardian, LLC, 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 Medical Guardian, LLC.

Company Content on the Website 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 Website 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. Medical Guardian, LLC reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

Copyright Infringement Claims

If you believe that content available on or through our Website infringes one or more of your copyrights, please immediately notify us by mail or email ("Notification") providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. Sec. 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.

All Notifications should include the following:

If you fail to comply with all of these requirements in this section, your Notification may not be valid.

Notifications should be sent to: Geoff Gross
1818 Market Street, Suite 1200
Philadelphia, PA 19103
Email: info@medicalguardian.com

If you believe your own copyrighted material has been removed from our Website and/or our service as a result or mistake or misidentification, you may submit a written counter notification ("Counter Notification") to us pursuant to DMCA 17 U.S.C. Sec. 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include the following:

You may submit your Counter Notification to us by mail or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless we first receive notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damage. Filing a false Counter Notification constitutes perjury.

Product Pricing

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

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. Medical Guardian, LLC 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 Medical Guardian, LLC. We reserve the right to change prices at any time. All payments shall be in U.S. dollars.

Special Offers

Medical Guardian, LLC will occasionally offer special promotions to our users. This can include a gift card with purchase, free shipping, manufacturer offers, or other promotions associated with a product purchase. These offers may be for a limited time only, and limitations may apply.

Older Americans Month Giveaway

Current Medical Guardian customers are not eligible to apply for the Older Americans Month medical alert system giveaway. New customers only. The new customer contest winner will be selected at the end of May, and announced the first week of June on our social media networks @MedicalGuardian. We will also contact the winner via the contest nominator’s contact information. Medical Guardian must receive personal information including billing information from the winner. We will not charge the account, as we will use a 6 month promo code offer, but we will need it if the customer does not want to purchase the medical alert system and does not return it after the six month time period. Winner must provide Medical Guardian with their address so we know where to ship the medical alert system of their choosing.Once Medical Guardian has the winner’s personal information, we will be able to ship the system immediately, and will be at the customer’s doorstep in 24 hours. If the winner decides to return the system after the six months are over, Medical Guardian will send a free shipping return label to send back to our warehouse. Winner must provide an honest review of the product they choose to Medical Guardian between the six month time period, even if the customer never experienced an emergency.

Medical Guardian Refer-a-Friend Program Term

Under the Medical Guardian Refer-a-Friend Program, all current and active subscribers who are in good and non-past due billing status of Medical Guardian (the "Advocate") are invited to earn Referral Bonuses (the "Reward") by inviting qualified Referees (as described below) to sign up for Medical Guardian products and services. The following Medical Guardian Refer-a-Friend Program Terms apply to the Advocate and Referees (together referred to as the “Participants”) participating in the Medical Guardian Refer-a-Friend Program.

Program Terms and Conditions
  1. Advocate must have and maintain a current and in good billing standing, active subscriber account of Medical Guardian throughout the Referral process to qualify,
  2. Referee must: (a) have first either had the Advocate register their name, phone number, and email address at https://www.medicalgaurdian.com/refer-a-friend, or have registered their own name, phone number, and email address alongside the Advocate's account number at https://www.medicalguardian.com/refer-a-friend, (b) not be or have been an active or pending Medical Guardian customer before being referred, and (b) activate and maintain a new, post-paid, consumer account with Medical Guardian-branded service.
  3. The Reward will be determined based upon Medical Guardian's current Refer-a-Friend offer at the time of the qualified Referee's enrollment with Medical Guardian products or services.
  4. Refer-a-Friend Rewards are granted on a per-account basis. Please allow up to 4 weeks for Reward delivery.
  5. Medical Guardian may suspend, change, or cancel this program at any time, without notice, and for any reason. Medical Guardian reserves the right to suspend or terminate any customer's participation in the Refer-A-Friend program for fraud, abuse, misuse, harassment, or other inappropriate or suspicious activity.

Limited time offer; subject to change. Refer-A-Friend Program. Card terms and conditions apply. Allow 4 weeks for delivery.

Inaccuracy Disclaimer

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Medical Guardian, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold Medical Guardian, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributed content, use of our services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Disputes, Arbitration Agreement and Waiver of Certain Rights

If there is a dispute between users of the Website, or between users and any third-party, you understand and agree that Medical Guardian, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Medical Guardian, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services.

If there is a dispute, controversy or claim ("Dispute") between you and Medical Guardian, LLC regarding these Terms and Conditions or the Website, you agree that we will resolve any Disputes through final and binding arbitration instead of through court proceedings. You and Medical Guardian, 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 proceeding any all elements of it, such as pleadings and briefs. The arbitrator's decision will be both final and binding.

You and Medical Guardian, LLC 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.

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 Medical Guardian, LLC.

Contact Us

In order to resolve a complaint or to receive further information regarding use of our services, please contact us at: Medical Guardian, LLC
1818 Market Street, Suite 1200
Philadelphia, PA 19103

Email: info@medicalguardian.com

Privacy Policy

Effective Date: 02/08/2019

Introduction

Medical Guardian, LLC ("we" or "our") respects the privacy of users that use our website located at https://www.medicalguardian.com (the "Website"), as well as our mobile website or mobile application, social media pages, blogs and other online services related or connected thereto (collectively, the "Services"). This Privacy Policy is designed to inform you, as a user of the Services, about the type of information that we may gather about or collect from you when you use of the Services. It also is intended to explain the conditions under which we use and disclose that information, and your rights in relation to that information. The process for notifying you of any changes to this Privacy Policy is discussed at the end of this document. Each time you use the Services, however, the current version of this Privacy Policy will apply. You are encouraged to review the Privacy Policy frequently and note the Effective Date listed at the top of the Privacy Policy.

The Services are hosted in the United States of America and are subject to U.S. state and federal law. If you are accessing our Services from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Services, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Services and your agreements with us. Any persons accessing our Services from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Services in a manner lawful in their jurisdiction. If your use of the Services would be unlawful in your jurisdiction, please do not use the Services.

By using or accessing the Services, you are consenting to our collection and use of your data in accordance with the terms of this Privacy Policy.

Collecting Information About You

When you interact with Medical Guardian, LLC, we may ask for or receive certain data that can be used to identify or contact you, such as your name, shipping/billing address, email address, telephone number, credit card information or other payment information ("Personally Identifiable Information"). This Personally Identifiable Information is collected when you (1) register on the Website, (2) log in with social network credentials, (3) participate in polls, contests, surveys or other features of our service, or respond to offers or advertisements, (4) communicate with us, (5) create a public profile, (6) sign up to receive newsletters, and (7) request information about our products and services. Depending on your settings on various social media sites, certain Personally Identifiable Information may also be shared with Medical Guardian, LLC from your social media profiles and online activities. Such sharing is permitted by and governed by the privacy policy of the social media site providing the information, not this Privacy Policy. If you do not want to provide us with this information you will need to amend your privacy settings on your various social media sites. Users of the Services are under no obligation to provide Medical Guardian, LLC with Personally Identifiable information, but a user’s refusal to do so may prevent the user from using certain Service features and our Services.

Like most website operators, Medical Guardian, LLC also collects data that does not, on its own, identify a specific individual. Some examples of non-identifying information that we gather includes information that web browsers, depending on their settings, may make available when you use the Services and information that you provide when you create a profile, including gender, age, product and service purchase history, interests, medical history and medications ("Other Information"). Other Information includes your Internet Protocol (IP) address, operating system, browser type and the locations of the websites you view right before arriving at, while navigating and immediately after leaving the Website. We analyze Other Information to help us better understand how the Website is being used. By identifying patterns and trends in usage, we are able to better design the Website to improve users’ experiences, both in terms of content and ease of use. We may also release Other Information in the aggregate such as by publishing a report on trends in the usage of the Website. We do not consider Other Information to be Personally Identifiable Information, and will not treat it as Personally Identifiable Information unless the Other Information is linked with Personally Identifiable Information in a way that renders the Other Information individually identifiable.

Telephone Consumer Protection Action Compliance

By submitting your information, you authorize Medical Guardian and its accredited members to communicate with you regarding your options, including by pre-recorded messages and texts to the mobile or landline phone number provided. You also agree to the Medical Guardian Terms of Use & Privacy Policy, including the use of an electronic record to document your agreement.

Using Information About You

Medical Guardian, LLC uses your personally identifiable information for transactional, analytical, and marketing purposes, such as confirming and tracking your order, subscription, or registration, activating your product, analyzing preferences, trends, and statistics, informing you of new products, services, and offers, gathering client testimonials, resolving client, product, and services issues, and providing you with other information regarding Medical Guardian, LLC.

Service Providers. We may share Personally Identifiable Information that we collect with third parties that perform functions on our behalf and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties; provide analytics and site usage information; process transactions and payments; administer our promotions, contests, sweepstakes, and surveys; provide other marketing and promotional assistance; and provide other services related to the operation of our business ("Authorized Third Party Providers"). When we share your Personally Identifiable information with our business partners and other authorized third-party service providers so that they can perform certain services on our behalf, these service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.

De-Identified Data. We also may share aggregated, anonymous Other Information, such as aggregated statistics, usage information and demographic data with third parties, including advisors, advertisers and investors. When we provide this Other Information, we perform appropriate procedures so that the data does not identify you.

Products and Services Offered by Other Businesses. Medical Guardian may share your Personally Identifiable Information with its third party business partners to enable these third parties to offer their products or services to you if we think they may be of interest to you. These third parties may send you information or marketing offers. If we share your Personally Identifiable Information with a third party for the third party’s marketing purposes, your Personally Identifiable Information will be subject to the privacy policy and business practices of that third party.

Legally Required Sharing. We may disclose information about you (i) if we believe if good faith that the law requires it or are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

Business Transfers. We may transfer Personally Identifiable Information to other entities and affiliates in the event we sell or transfer all or a portion of our business or assets.

Opting Out of Marketing Communications; Updating and Deleting Information About You

If you wish to opt-out of receiving internal and third party marketing materials from Medical Guardian, LLC, you may do so by using the unsubscribe link in the footer of email communications or contacting us using the contact information below. Even if you have opted out of marketing communications, we reserve the right to contact you via phone, email or mail to give you notices about your account, such as service announcements and administrative messages.

If you wish to update or delete information you’ve shared with us, you may update your personal information by contacting our Client Services team at 1-800-313-1191 or customerservice@medicalguardian.com.

"Do Not Track" Signals

Most web browsers and some mobile operating systems include a Do-Not-Track (DNT) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. The Website does currently respond to DNT browser signals or mechanisms.

Your Rights Under California Law

Residents of California who have provided Medical Guardian personal information have the right to request from Medical Guardian a list of the third parties to which Medical Guardian has shared certain personal information, as defined under California Civil Code Section 1798.90(e), during the preceding year for third party direct marketing purposes. We will respond to one request per California resident per calendar year, according to California Civil Code Section 1798.83. To submit such request, contact Medical Guardian by mail at 1818 Market Street, Suite 1200, Philadelphia, PA 19103, or by email at info@medicalguardian.com. Please allow 30 days for a response.

The Use of Cookies

We may from time to time contract with third party vendors to provide ads to our customers on our behalf via the Internet or to send direct mail to customers whom we think may be interested in our products or services. In order to do so, such vendor may collect anonymous information about your visits to our website using a "cookie".

A "cookie" is a string of information which assigns you a unique identification that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. We use cookies on the Website to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Website and to facilitate purchase procedures. We also use cookies to track the pages that users visit during each Website session, both to help us improve users’ experiences and to help us understand how the Website is being used. As with other information gathered from users of the Website, Medical Guardian, LLC analyzes and discloses in aggregated form information gathered using cookies, so as to help us, our partners and others better understand how the Website is being used.

Users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before accessing the website, with the understanding that certain features of the website may not function properly without the aid of cookies. Website users who refuse cookies assume all responsibility for any resulting loss of functionality.

Medical Guardian, LLC may also use third-party vendors who use first-party cookies and third-party cookies together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The third-party vendors may pool the anonymous information that they collect from our website with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser ( https://tools.google.com/dpage/gaoptout ) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings ( www.google.com/settings/ads ). To opt-out of receiving our direct mail, you may send us an email at customerservice@medicalguardian.com or call us at 1-800-313-1191.

Security

We take the security of your information very seriously and have implemented electronic, administrative and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We are dedicated to protect all information collected on the Services as is necessary. However, you are responsible for maintaining the confidentiality of your information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.

Public Forum Access

We do provide areas on the Website, such as the Medical Alert Blog, where you can post reviews, comments, and other information relating to your activities on the Website. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Users assume all responsibility for any loss of privacy or other harm resulting from their voluntary disclosure of personally identifying information.

Linking to Other Websites

Our Services may contain links to other sites over which we have no control. Medical Guardian, LLC is not responsible for the privacy practices or the content of such websites as they may be different than our own. Please be advised that you should always read the Privacy Policy of a linked website before sharing your information.

Special Information for Parents

The Children’s Online Privacy Protection Act (COPPA) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain information from anyone under the age of 13, unless or except as permitted by law. Any person who provides information through the Services represents to us that he or she is 13 years of age or older. If we learn that information has been collected from a user under 13 years of age on or through the Services, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Services or has otherwise transferred information to the Services, please contact Medical Guardian, LLC using our contact information below to have that child’s account terminated and information deleted.

Policy Changes

Medical Guardian, LLC may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to this Privacy Policy will be reflected on this page and the new effective date for the modified version will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. Medical Guardian, LLC will always post new versions of the Privacy Policy on the Website. However, we may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that you always maintain and update your contact information.

Your Feedback

We appreciate feedback in every way. If you have any questions, concerns, or suggestions regarding our Privacy Policy, please contact us at:

Medical Guardian, LLC
1818 Market Street, Suite 1200
Philadelphia, PA 19103

Email: info@medicalguardian.com

General RF Exposure Information

Medical Guardian cellular devices use radio signals to connect to wireless networks. All products have been tested and meet applicable limits for radio frequency (RF) exposure.

Specific Absorption Rate (SAR) refers to the rate at which the body absorbs RF energy. SAR limits depend on whether Medical Guardian cellular devices are used against the head or on the wrist. In some countries, the SAR limit is 1.6 watts per kilogram averaged over 1 gram of tissue for use against the head and 4.0 watts per kilogram averaged over 10 grams of tissue for use on the wrist. In other countries, the SAR limit is 2.0 watts per kilogram averaged over 10 grams of tissue for use against the head and 4.0 watts per kilogram averaged over 10 grams of tissue for use on the wrist.

Freedom Guardian RF Exposure Information

Freedom Guardian has been tested and meets applicable limits for radio frequency (RF) exposure.

During testing, Freedom Guardian radios are set to their highest transmission levels and placed in positions that simulate use against the head, with 10mm separation, and on the wrist, with no separation. When placing Freedom Guardian near your face, keep at least 10mm of separation to ensure exposure levels remain at or below the as-tested levels.

Although this device has been tested to determine SAR in each band of operation, not all bands are available in all areas. Bands are dependent on your service provider’s wireless networks.

The highest SAR values are as follows:

General Warranty Information

The following Limited Warranty Information applies to a specific product, Freedom Guardian, when purchased directly from Medical Guardian LLC (via www.medicalguardian.com or a direct employee of Medical Guardian). Medical Guardian products purchased via third party websites or retailers are not covered by these terms.

Freedom Guardian Warranty Information

FREEDOM GUARDIAN LIMITED WARRANTY INFORMATION. Company warrants the System and accessories against defects in materials and workmanship for one year from date of receipt. The warranty does not cover against normal wear and tear, nor damages caused by accident or abuse. Call Company to obtain service. Subject to the full terms available at http://www.medicalguardian.com/legal. if a valid claim is submitted under this warranty, Company will either repair, replace, or refund the System per its own discretion. Warranty benefits work in conjunction with rights provided under local consumer laws.

Equipment Provided by Medical Guardian

Except for Freedom Guardian, equipment is provided by Medical Guardian for service plans obtained directly from Medical Guardian LLC (via www.medicalguardian.com or a direct employee of Medical Guardian). These units are owned by Medical Guardian and are located at the Subscriber’s premise, since there is no other way to monitor the system without the system and accessories. Medical Guardian, at its own discretion, will replace any system or accessories for issues pertaining to defects in materials and workmanship so long as an active service plan is maintained. Medical Guardian does not cover against normal wear and tear, nor damages caused by accident or abuse. See Protection Plan Terms and Conditions immediately below for additional information about obtaining coverage for wear and tear, damages and loss of equipment.

Protection Plan Terms and Conditions

Medical Guardian offers an optional Protection Plan for our entire product line. The Protection Plan is available as a paid add-on with a recurring monthly charge which varies by product. This Protection Plan is not an Insurance Contract.

Medical Guardian.com, LLC (“Medical Guardian”), 1818 Market St, Philadelphia, PA 19103 is the obligor, provider and administrator of this Protection Plan.

  1. Coverage. The Protection Plan covers all purchased or leased Medical Guardian equipment, such as system consoles and transmitters (“Covered Product”).

  2. Eligibility. The Protection Plan is available to all new and existing Medical Guardian customers. You represent that the Covered Product is in proper operating condition at the start of the Protection Plan’s coverage and that your account with Medical Guardian is current and in good standing.

  3. Cost. The Cost for this Protection Plan will be charged to you consistent with the payment terms of your current Medical Guardian Monitoring Agreement (monthly, quarterly, semi-annually, or annually).

  4. What is Covered. This Protection Plan covers replacement of your Covered Product for problems necessitated by functional part failures, lost or theft. This Protection Plan specifically covers damage to the Covered Product due to defect, malfunction, accidental damage, normal wear and tear. Medical Guardian will replace your Covered Product with a new, used or refurbished one of like kind and quality; like kind and quality is determined by Medical Guardian.

  5. Exclusions from Coverage. This Protection Plan does not cover:
    • Service, maintenance, repair or replacement due to any loss resulting from use other than normal use and beyond Medical Guardian’s normal control such as: damage due to misuse and abuse;
    • Commercial use which is any use other than single-family household use;
    • Any component or Covered Product that has been opened, tampered with, repaired, or otherwise accessed by anyone other than an authorized representative of Medical Guardian;
    • Service, maintenance, repair or replacement outside of the Continental United States.
  6. Customer’s Promises and Assurances. To keep this Protection Plan in effect, you promise and assure:
    • Full cooperation with Medical Guardian Client Services agents and authorized service providers during diagnosis and repair of the Covered Product;
    • That the Covered Product is not used for business or commercial purposes;
    • That you will keep your account with Medical Guardian in good standing;
    • To not mislead, defraud, or make any misrepresentation to Medical Guardian;
    • To not falsify any related documents or records;
    • To fully disclose all relevant information and fully cooperate with Medical Guardian regarding repair or replacement of the Covered Product; and
    • Protect your Covered Product from any further damage and follow the instructions in the owner’s manual.
  7. Replacement.
    • Covered Product Replacement. To request the replacement of your Covered Product under this Protection Plan or to request assistance, contact Medical Guardian Client Services by telephone at 800-313-1191 or by e-mail at customerservice@medicalguardian.com. Medical Guardian will send a replacement Covered Product within 3-5 business days. You will be required to return the defective Covered Product to the address provided to you by Medical Guardian. Shipping will be provided by Medical Guardian. You will not be charged a fee for your replacement Covered Product.
    • Troubleshooting. Prior to replacement of a defective Covered Product, Medical Guardian requires trouble-shooting with the Medical Guardian Client Services Department to verify failure. If Medical Guardian determines, in its sole discretion, that the problem is not covered under this Protection Plan, no replacement will be offered.
    • Limitation on Replacement. Under this Protection Plan, Medical Guardian permits replacement of one (1) system console and two (2) transmitters per year. Medical Guardian reserves the right to terminate this Protection Plan if it determines in its sole discretion that you have engaged in abuse or other improper conduct.
  8. Coverage Period. Your coverage begins when Medical Guardian receives your first Protection Plan payment and will continue consistent with the payment terms of your current Medical Guardian Monitoring Agreement payment cycle (monthly, quarterly or annually) until canceled by you or terminated by Medical Guardian. The protections provided under this Protection Plan supersede any existing warranty.

  9. Cancellation. Upon enrollment in the Protection Plan, you have three (3) days to cancel without
    charge for the impending month. There are no additional cancellation fees. Medical Guardian may cancel the Protection Plan at any time. Should Medical Guardian cancel the Protection Plan, Medical Guardian will mail a written notice to you at your last known address at least fifteen (15) days prior to cancellation. To learn more about canceling your Protection Plan subscription, contact Medical Guardian’s Client Services team by phone at (800) 313-1191, or email at customerservice@ medicalguardian.com.

  10. Renewal. Medical Guardian will continue to bill you for the Protection Plan consistent with your payment cycle (monthly, quarterly or annually) at the then-current price until you notify Medical Guardian of your desire to cancel.

  11. Modification. Terms of this Protection Plan may not be modified, except in writing by Medical Guardian.

  12. Protection Plan Limitations.
    • Non-Original Equipment Manufacturer and Remanufactured Parts. Replacement units with genuine factory parts will be used whenever possible; however, the use of non-original equipment manufacturer and remanufactured parts is allowed under this Protection Plan.
    • Limitation of Liability. To the extent permitted by applicable law, the liability of Medical Guardian, if any, for any allegedly defective Covered Product or part shall be limited to replacement of the Covered Product or part. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE PROTECTION PLAN.
    • Damages. IN NO EVENT WILL Medical Guardian BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING DIRECTLY OR INDIRECTLY TO THIS PROTECTION PLAN. Nor will Medical Guardian be responsible for any damages caused by the failure of any Covered Product or other equipment or item.
    • Warranties. This Protection Plan is your sole express warranty with respect to the Covered Product(s), including but not limited to, implied warranties of merchantability and fitness for a particular purpose which are hereby expressly excluded.
    • eNon-Transferrable. This Protection Plan is non-transferrable.

Service Agreements

Service Agreements serve as Terms and Conditions of Use between Medical Guardian LLC and consumers of our personal response console(s), personal transmitter(s) and any other accessories or devices provided by Medical Guardian LLC, including any lock box.

Medical Guardian may post updates to these Terms and Conditions of Use on the Website (www.medicalguardian.com) and may also mail updated Terms and Conditions of Use to the customers address on file at any time.

Please click on the links below for Current Service Agreement Downloads in the Adobe PDF format.

Service Agreement: Freedom Guardian
Download (PDF)

Service Agreement: All Other Products (including Classic, Home, Mobile, Active, and Family Guardian)
Download (PDF)

Having problems downloading? Get Adobe Acrobat Reader for free.

Shipping and Returns

Shipping

Medical Guardian offers the following shipping options*:

Overnight
Guaranteed next business day delivery if ordered by 2pm EST (non-holiday)
Second Day
Guaranteed second business day delivery if ordered by 2pm EST (non-holiday)
Ground
Guaranteed within 7 to 10 business days from the time of purchase

Unless otherwise requested or noted by way of promotion, items will be shipped via ground and may take as many as 7 to 10 business days from time of purchase.

*Shipment pending payment is processed successfully, and any orders placed on a Saturday/Sunday will not be processed until the following Monday. Holidays and inclement weather may delay delivery, and Medical Guardian is in no way responsible for any service interruptions by the carrier.


Order Status

Once an order has been processed, a shipping confirmation email containing the tracking number will be sent to the customer. If you have any questions or concerns regarding your order, please contact our Customer Care Team at 1-800-313-1191.

Return Policy

You may cancel your service by calling Medical Guardian at 800-313-1191 and selecting the cancellation option. If you have not purchased the equipment you must return all system equipment and accessories to Medical Guardian.

Service will be canceled effective the day the system is received by Medical Guardian. If you have purchased your equipment, service will be canceled effective upon receipt of a signed Cancellation Letter provided by Medical Guardian via either mail or email. Upon receipt of either the equipment or the executed Cancellation Letter a prorated refund will be issued for the unused service period that may have been prepaid. Restocking fees may apply. The processing of any refund may take up to 30 days upon receipt of your system or Cancellation Letter.

Promotional Discounts

Promotional discounts will be forfeited if any changes are made to the initial order, including billing cycle changes, within twelve (12) months of date of sale.. Medical Guardian will have the right to charge the customer or offset any of these additional costs against any monies due to the customer.

Lost or Damaged Equipment

A lost or damaged equipment fee of up to $350 will be charged for the Classic Guardian, Home Guardian, Family Guardian, Mobile Guardian, Premium Guardian, and Active Guardian. The Mobile Guardian, Premium Guardian, and Active Guardian must be returned with both the charging cradle and the handheld device, otherwise a lost equipment fee will apply. The Family Guardian must be returned with the base station and 3 safety sensors (2 activity sensors and 1 main door contact sensor), otherwise a lost equipment fee will apply.

A lost or damaged equipment fee of up to $150 will be charged for the Alert 911.

If you’d like to learn how you can avoid these out-of-pocket expenses with the Medical Guardian Protection Plan, please contact our Customer Care Team at 1-800-313-1191.

Customer Care Hours of Operation:

When returning items back to Medical Guardian, we strongly recommend requesting a tracking number from the shipping carrier to confirm the arrival of the package.

Cancellations may take up to 30 days to process. Please contact our Returns & Cancellations Department at 1-800-313-1191 if you have any questions.