Welcome to the MedSmart Connect Website. This site is intended for use
by authorized individuals only. This Website is owned and operated by American
Medical Alert Corporation (AMAC).
1. PLEASE READ THESE TERMS OF USE CAREFULLY
Use of this website is subject to
the following terms and conditions and by utilizing this site, you agree to be
bound by the terms and conditions set forth herein. Throughout this document we
will refer to all the web pages collectively as the "Website" and to those
terms and conditions as "Terms of Use". If you do NOT agree to these Terms of Use you should NOT use this Website.
2. CALL 911 (in the U.S.) FOR AN EMERGENCY
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
3. CONSENT
By using this Website, you agree to
the terms of the "Terms of Use". Except as written in any other disclaimers,
policies, terms of use, or other notices on this website, these Terms of Use
and the Privacy Policy are the complete agreement between you and AMAC with
respect to your use of this Website. You may be subject to additional terms
that may apply when you access particular services or materials on certain
areas in this website, or by following a link from this Website.
Whenever you submit information via this Website, you consent to the collection, use, and disclosure of that information in accordance with the Terms of Use.
4. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE
AMAC does not practice medicine or provide medical services or advice and the information on this Website should
not be considered medical advice. All
questions relating to health or medication concerns should be directed to your
doctor or healthcare professional.
This Website may contain information
on health or medication related topics. This information, including any product
data, is for information purposes only. This information is also not meant to be
a substitute for the advice provided by your own physician or other medical professional,
and you should not use this information for diagnosing or treating a health
problem. You should always talk to your health care professional for diagnosis
and treatment. You should always consult your own physician before undertaking
any healthcare activities, medication regimen schedules or changing any
healthcare routines.
Unless otherwise authorized to do
so, visitors may not enter areas that are restricted to the authorized users of
AMAC's clients and customers. THIS IS A RESTRICTED AREA, WHICH MAY CONTAIN
CONFIDENTIAL HEALTH INFORMATION AND OTHER USER INFORMATION. YOU MAY ACCESS THIS
AREA ONLY IF YOU HAVE AN ASSIGNED MEMBER ID AND SECURE PASSWORD.ATTEMPTING TO ACCESS RESTRICTED AREAS WITHOUT PERMISSION IS
STRICTLY FORBIDDEN AND A VIOLATION OF LAW AND THE TERMS OF USE.
5. HARDWARE AND SOFTWARE REQUIREMENTS
Computer: MedSmart Connect
requires a computer with Internet connection (Cable, DSL, Network connected T1, 56kbs dial up modem) that can
support Microsoft® Internet Explorer® version 5.5 or greater and Adobe Acrobat Reader.
Email: Valid Internet email address.
6. PROHIBITED USES
MedSmart Connect shall not be utilized under any of the following circumstances:
- for any purpose other than in connection with providing
med-management event reporting and related services in conjunction with
the MedSmart Appliance or personal medication and activity reminder
- to use or provide, directly or indirectly, to a person
or entity, any record, compilation or directory of users of the Service or
- to gain access by misrepresenting identity or by
utilizing another person's user ID or password or otherwise gaining access
improperly or in violation of any existing agreement or applicable laws;
- to interfere with any other user's access to or use of the
Website;
- to enable unauthorized access to any function, program
data, computer system or network connected to any AMAC product;
- to disclose private information about a subscriber or
any other person, except in connection with providing service pursuant to
agreement;
- to falsify or delete any copyright information or other
notices or proprietary designations or labels of the origin or source of
software or other material;
- to publish or disseminate confidential or proprietary
information without written authorization; to infringe upon any property
rights of AMAC
- to take any action that is not
consistent with and in accordance with the terms and provisions of the
user and or provider agreement or any other agreement in existence by and
between customers, subscribers and AMAC.
- to take any action or to attempt
to take any action that is in violation of the provisions of the existing
agreement with the customer, provider and/or any applicable laws and
statutes of any governmental body applicable to the MedSmart Program and
related products and services.
- to in any way violate or
compromise the confidentiality of the information accessed through the
Website service or in any way violate the terms and provisions of the "Health
Insurance Portability and Accountability Act (HIPAA)".
- to in any way seek to sell or disseminate information
obtained by utilization of this service for economic gain including, but
not limited to, sale of addresses, e-mails or other pertinent information,
except strictly in accordance with the provisions of any existing
agreement by and between provider and AMAC.
7. COPYRIGHT AND TRADEMARK STATEMENT
All content and material accessible
through this Website is the property of AMAC and protected by the United States
and international copyright laws. AMAC's trademarks are intended for use by
only authorized partners in accordance with our "Trademarks Use Guidelines" and
may not be used to discredit, deface or disparage AMAC.
AMAC also owns or has licenses to
use the names it uses for its products and services on this Website, and these
names are protected by international trademark laws. An ® following a name on
our Website indicates that the trademark has been registered in the United States. A
™ following a name on our Website indicates that it is an unregistered
trademark. All trademarks are the property of their respective owners.
If you use the materials or
trademarks on this Website in a way that is not arguably allowed by these Terms
of Use, you are violating your agreement with AMAC and may be violating
copyright, trademark, and other laws. In that case, we automatically revoke
your permission to use this Website. Title to the materials remains with AMAC or
with the owners of the materials contained on this Website. All rights not
expressly granted are reserved.
8. NO WARRANTIES.
ALL CONTENT ON THIS WEBSITE IS
PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AMAC
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
ALTHOUGH AMAC WILL USE REASONABLE
EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION ON THIS WEBSITE, AMAC
MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, TIMELINESS,
COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. AMAC
MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS
NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE
OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
9. DATA INTEGRITY AND INDEMNIFICATION
AMAC is not responsible for any errors, omissions or delays that may occur in updating
or entering subscriber information.
10. DISCLAIMER
It is specifically understood and agreed that the Website is made available to assist in providing
the services to its subscribers. AMAC does not in any way warrant that A) the
information contained is correct, updated or complete; B) that the website
service may not be compromised, interfered with, interrupted, or defective in a
way that would prevent it from operating as intended; C) that the software and
computer related aspects of the services may not be compromised or become
inoperable. It is specifically understood and agreed that AMAC shall not be
liable directly or indirectly for any damages whatsoever that may result from
the use of or the inability to utilize the Website service in any action,
including, but not limited, to allegations of negligence on the part of AMAC.
11. RIGHT TO SUSPEND OR TERMINATE ACCESS
In the event that AMAC determines, in its sole discretion, that a user has violated the terms and provisions of
any agreement existing by and between AMAC and the provider or customer, or in
any way violates or fails to adhere to the terms and conditions herein set
forth, AMAC may suspend or terminate access to the Website Service or may
impose such additional terms and conditions as it may deem advisable as a
condition to the providers continued access to this service.
12. ENTIRE AGREEMENT
The terms and conditions herein above set forth, together with any other agreement that may be in existence by
and between the provider and or user and AMAC shall constitute the entire
agreement and shall be binding. In the event AMAC in any way amends or modifies
the terms and conditions, said changes, modifications or amendments, it shall
be deemed to be binding upon the provider herein.
13. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER AMAC NOR ANY
PERSON OR COMPANY ASSOCIATED WITH AMAC SHALL BE LIABLE FOR ANY DAMAGE RESULTING
FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE.
THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION
COVERS AMAC, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL
LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF AMAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR
DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED
U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.
IN NO EVENT SHALL AMAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY
LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE,
RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF AMAC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. OTHER RULES ABOUT THIS WEBSITE
If you violate these Terms of Use or the Privacy Notice in a way that causes harm to others, you agree to hold AMAC
harmless against any liability for that harm.
By using this Website, you agree that the only proper jurisdiction and venue for any dispute with AMAC, or in
any way relating to your use of this Website, is in the state and federal
courts in the State of New York.
You further agree and consent to the exercise of personal jurisdiction in these
courts in connection with any dispute involving AMAC or its affiliates,
employees, officers, directors, agents, or suppliers.
15. CHANGES TO THE WEBSITE AND TERMS OF USE
AMAC has the right, in its sole and absolute discretion to revise the terms and conditions hereinafter set forth
from time to time without prior notification. Please review the Terms of Use
each time you visit the Website. By using this Website, it means you accept the
most recent version of the Terms of Use.
16. QUESTIONS, COMMENTS, SUGGESTIONS AND NOTICES
AMAC may deliver notice to you by electronic mail, a general notice on this Website, or by written communication
delivered by First Class U.S. Mail to your address on record with AMAC. You may
deliver notice to AMAC by using the Contact AMAC feature, or at:
American Medical Alert Corp.
3265 Lawson Blvd
Oceanside, NY 11572
516-536-5850
Fax 516-536-5276
info@amac.com
www.amac.com
We are always pleased to receive suggestions and comments from our visitors to this website.
Any information that you submit to us will be
considered as non-confidential and non-proprietary and you give us the right to
in any way utilize or apply your comments or suggestions in our sole and
unrestricted discretion.
17. YOUR ACCOUNT OBLIGATIONS
1. Provide true, accurate, current and complete information about yourself as
prompted by the Registration and/or Create Reminder forms or in the profile
section for your account information (the "Account Information"); and
2. Maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current, incomplete or not your own, we may suspend or
terminate your account and refuse any and all current and future use of the
Site. Account Information and certain other information about you are subject
to our Privacy Policy. For more information, please see our full privacy
During the registration process you will create
a user name and password. You are responsible for maintaining the
confidentiality of your user name and password and are fully responsible for
all activities that occur under your user name and password. You agree to
immediately notify us of any unauthorized use of your password or account or
any other breach of security.
18. YOUR CONDUCT
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion of the Site,
use of the Site, or access to the Site.
19. AMAC's RIGHTS
AMAC may elect to electronically monitor areas of the Website and may disclose any content, data, or electronic
communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) to operate the Website, if such
disclosure is necessary or appropriate to do so; or (iii) to protect our rights
or property or the rights of other users, sponsors, providers, licensors, or
merchants. We are not responsible for screening, policing, editing, or
monitoring content on the Website to provide the service. If notified of
allegedly infringing, defamatory, damaging, illegal, or offensive content, we
may investigate the allegation and determine in our sole discretion whether to
remove or request the removal of such content from the Site or suspend the
delivery of the service containing such information.
20. INFORMATION THAT WE COLLECT FROM YOU AND HOW WE USE IT
The site requires that you provide contact information (e.g., name, phone
number and email address) and select demographic information (e.g., location,
gender and age) in order to use our services. AMAC also may collect medication
information to provide reminder messages, device programming and adherence
reports. AMAC will use this information to
help you or authorized providers to manage, enroll, remove and update
users, program medication alarm schedules, review device and dispensing
history, select alert recipients and general website use to help you improve prescription compliance behavior. It is the
Provider's and/or User's responsibility to maintain the accuracy of this data
to provide the service as intended. AMAC may share aggregate information
regarding Users to researchers, professionals, scientists and other individuals
or professionals to validate the service. However, AMAC will never share
information that identifies a specific User without the expressed consent of
that User and/or Provider.
21. DATA TRANSMISSION SAFEGUARDS
Data transmission over the Internet or any wireless network can not be guaranteed to be 100% secure. AMAC
cannot ensure or warrant the security of any information you transmit to us or
from our online products or services, and you do so at your own risk. Once we
receive your transmission, it is in our interest to make best efforts to ensure
its security on AMAC systems.
NOTE THAT AMAC CANNOT PROTECT ANY INFORMATION ONCE IT HAS BEEN TRANSMITTED TO YOU. IF YOU
SHARE A PHONE NUMBER OR EMAIL ADDRESS WITH ANYONE ELSE (FOR EXAMPLE, A FAMILY
MEMBER), INFORMATION TRANSMITTED TO THAT PHONE OR EMAIL ADDRESS MAY BE ABLE TO
BE ACCESSED BY THAT OTHER PERSON. YOU SHOULD CONSIDER ANY SHARED USE WHEN
CREATING YOUR MEDICATION REMINDER SCHEDULE AND REPORTING RULES AND RECIPIENTS ON
THE MEDSMART SYSTEM.
22. PRIVACY AND SECURITY
AMAC is committed to protecting the privacy, security and integrity of individually identifiable
health information received from or on behalf of our clients. AMAC adheres to the highest standards of
integrity in the performance of its business and is prepared to maintain
compliance with HIPAA and other regulatory requirements by adopting and
adjusting policies and processes as necessary. AMAC is committed to protect personal and healthcare information as well
as information relating to the companies and employees that are affiliated
with, associated with, or transact business with AMAC. For more information relating to AMAC's
privacy and security procedures and practices, please contact the Provider
Relations-Privacy Officer, at Privacyofficer@amac.com or 1-800-286-2622.
AMAC reserves the right to restrict access to MedSmart Connect by any person, at any time, with or without notice.