For the purposes of this agreement Emergency Contact Data and www.emergencycontactdata.com are referred to as “ECD” throughout this agreement. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
This Membership Agreement containing Rights and Responsibilities derives from the ECD Principles, and governs ECD’s relationship with users and others who interact with ECD. By using or accessing ECD, you agree to this Membership Agreement.
ECD is an entity belonging to DAP, Inc, incorporated in the State of Nevada. All legal disputes will be under the jurisdiction of the State of Texas. Legal representation is the responsibility of each party. ECD is not responsible for the care rendered to any member by anyone using or not using ECD member information. Arbitration will not be used to settle any dispute.
By way of this agreement you or your guardian agree that all of the content and information on ECD was posted by you or your guardian and that you or your guardian control how it is displayed and shared through your actions. You or your guardian further acknowledge, understand and accept the following elements and terms of this agreement as they may apply to you or your guardian. You or your guardian agree and understand that when “you” is used it translates to “you or your guardian”:
By way of this agreement you agree that it is your legal right to create and publicize your own health and contact information and that it is not subject to HIPAA and PHI governance or governance by the Texas Privacy Act and that you take complete responsibility for your actions as they relate to the posting, storage, display and transmission of all posted medical and contact information. You further agree to waive all your rights as they relate to ECD being governed by HIPAA and / or the Texas Privacy Act.
By way of this agreement you attest that you, representing yourself or you as a guardian representing another person are entering the information presented in the ECD service to be primarily used in the treatment rendered by first responders and medical personnel.
By way of this agreement with ECD, you, representing yourself or you as a guardian representing another person give your or their permission for the collection, storage, display and transmission of your or their medical and contact information to be viewed and used by others.
By way of this agreement with ECD, you representing yourself or you as a guardian representing another person give your or their permission to have any physician enter information to your contact or medical records information profile.
By way of this agreement you agree that when you publish this content, it does mean that everyone that has access to your Member Name and Member ID can view the information on ECD.
By way of this agreement you agree that anyone with your password and member ID, can access your Profile Center and the information therein and can make changes to your contact and / or medical records information.
By way of this agreement you give your permission to anyone who has knowledge of your ECD emergency profile to discuss, use and transmit your ECD emergency medical profile.
By way of this agreement you agree that your relationship as a member of ECD is solely between ECD and yourself or guardian. You will hold ECD and all referring third parties such as an employer, physician, institution, business, organization, etc. harmless relative to any experience you may have as a member of ECD.
By way of this agreement you agree to hold ECD and / or any third parties such as an employer, physician, institution, business, organization, etc. harmless if a data breach occurs. You understand that nothing can be 100% secure.
By way of this agreement you understand that you, your guardian(s) and / or physicians are responsible for the entry of information on ECD and that you have agreed to store, display, use and transmit your posted information to those that have your ECD Member Number and your name as it appears on the ECD system.
By way of this agreement you accept that ECD did not obtain or ask for any information that you posted.
By way of this agreement you accept that ECD never possessed the information that you posted. You further accept that all of your posted information resides in an account owned, managed and controlled by you and that ECD does not edit, control or manage your account.
The ECD first responder's Member Profile and the member's Profile Center module are the primary applications of the ECD web site. Except for the Member Profile, available through the ECD First Responder interface on the ECD web site and through the ECD mobile app, and members' selective ability to print or email all or portions of their Member Profile from within the Profile Center, ECD does not share this content.
If, as an ECD user, you click and follow a link to another website you in turn assume all responsibility and risk for the security of your posted, ECD information.
For content that is covered by intellectual property (IP) rights, like photos and videos ("IP content"), you specifically give ECD the following permission. You grant ECD a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ECD (“IP License”).
ECD always appreciates your feedback. ECD will use it without obligation to compensate you.
ECD does its best to keep ECD safe, but ECD cannot guarantee it. ECD needs your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on ECD.
You will not collect users’ content or information, or otherwise access ECD, using automated means (such as harvesting bots, robots, spiders, or scrapers), or manual means.
You will not give your password to anyone other than a trusted party or lawful partner or guardian.
You will not use the Profile Center and its content for any purpose other than the purpose for which it was designed: to store your contact and medical information for your reference use and the reference use by emergency personnel.
You will not inject or upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else other than with permission, through Member Linking.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use ECD to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of ECD, such as a denial of service attack.
You will not enter any type of HTML, programming code or script into any fields within the web site.
You will not attempt to circumvent any error or alert messages that you receive when entering content into the system.
You will not facilitate or encourage any violations of this Membership Agreement.
The integrity of ECD member information is paramount to the well-being of members. ECD users provide their real names and information. Here are some commitments you make to ECD relating to registering and maintaining the security of your account:
You will not provide any false personal information on ECD, either for yourself or another person. Entry of false or misleading information could have a catastrophic result, subjecting the offending party to civil or criminal proceeding.
You will not create an account for anyone other than yourself without their permission unless they are a minor child or adult under your legal guardianship.
You will not create more than one personal profile for yourself.
If ECD disables your account, you will not create another one without ECD's permission.
You will not use your personal profile for your own commercial gain.
You do have the authority and / or permission to contract and pay for the ECD service.
You will keep your contact information accurate and up-to-date. ECD contacts you by email regarding your account status; therefore it is essential that you keep your email address current at all times.
You will safeguard your password, and only allow trusted others to access your account with your permission.
You are responsible for the transfer of your account information. Both email and print features enable you to disseminate your Profile content. Please transfer your information only to those that you trust. ECD is not responsible for any transferred information, either by printing or by email or other means.
ECD respects other people’s rights, and expects you to do the same:
You will not post content or take any action on ECD that infringes or violates someone else's rights or otherwise violates the law.
ECD can remove any content or information you post on ECD if it is believed that it violates this Membership Agreement.
Affinity Partners and Employee Benefit Employers: ECD allows you to use your brand within member profiles, on ID cards and mobile applications. If you infringe on someone else's copyright, ECD will remove your organization's branding.
If you repeatedly infringe on other people's intellectual property rights, ECD will disable your account when appropriate.
You will not use ECD copyrighted materials or trademarks (including Emergency Contact Data, ECD, the ECD Logos, Icons or Badges), or any confusingly similar marks, without ECD's written permission.
If you collect information from users via an in-site advertisement or link, you will obtain their consent and make it absolutely clear you (and not ECD) are the one collecting their information. Violation of this policy will result in the removal of your advertisement or link.
You will not solicit anyone's Member Profile information.
You will not tag users or send email invitations to non-users without their consent.
Members, First Responders, and visitors may only use the site referral features to suggest the service to others and to invite visitors to the ECD web site.
ECD has developed the free ECD mobile app as an added benefit of membership and as an alternate method of displaying medical and contact information to others.
ECD currently provides the mobile app for display of contact and medical information for free. ECD may at any time release a paid version of the mobile app with the same or different functionality and profile information.
ECD may discontinue the support of the mobile app at any time.
ECD cannot guarantee the continual presence of the mobile app on a mobile device, as the mobile app is subject to the discretion of the device's platform providers.
ECD cannot guarantee that the mobile app will function as intended, as it is subject to the state of the mobile device, wireless connectivity, operating system platform changes, user operation and unknown and unforeseen conditions.
If you make a payment to ECD you agree to ECD's Payments Terms:
You have the permission to contract and pay for the ECD service, and, you are at least 18 years of age or at the age of majority, whichever is older, within your place of residence.
Refunds and Credits – Due to the small amount charged for the ECD service, no monetary or paper credit is refunded. Upon acceptance of the ECD agreement at purchase of the ECD service, you agree that all purchases are final and that you will not seek a refund of your payment nor attempt to cancel or void the payment charged to your credit card or bank account.
Membership Renewal – You agree to an automatic, recurring charge to your credit card or bank account for the number of years of your current enrollment on the anniversary date of your enrollment.
Credit Card & Bank Account Information – It is your responsibility to keep your credit card and bank account information accurate for recurring billing. You may receive a notification prior to your membership renewal date requesting that you update your account information. This can be done by using the "Update Credit Card" or "Update Bank Account" linkage on the right side of the Login page or from within your Profile Center on the left side menu, under "Manage Account, Update CC" or "Manage Account, Update Bank Account". If your membership lapses due to non-payment, your membership will be suspended as inactive until its renewal has been made. All of your content and access information will remain intact.
Purchase of additional Member ID Sets – You may purchase additional Member ID Sets at any time. The purchase of an additional Member ID Set or Sets does not affect the term of your membership.
Membership Renewals – Membership renewals take place through automatic recurring billing on your anniversary date. You cannot purchase ahead of the automated, recurring renewal. Ensure that your credit card information is up-to-date to assure your uninterrupted membership. You may renew an expired membership by selecting the Renew Expired Membership link on the Sign-up page or Login page.
Mailing Address – It is your responsibility to ensure that your mailing address is correct as it is the address to which your Membership ID Set is sent. If you do not receive the Member ID Set, a new set will be mailed to you at your expense. If your membership welcome envelope is returned to ECD due to an incorrect mailing address, ECD will attempt to contact you by email to inform you of the incorrect mailing address. You will then need to correct your mailing address and order a Member ID Set from within your Profile Center.
Adding your photo to Membership ID Card – ECD waits a minimum of 14 days before beginning production of your Membership ID Card. This gives you enough time to locate and upload the passport style photo of yourself that you would like to appear on your Membership ID Card. If the photograph has not been uploaded within 14 days, your Membership ID Set may be produced without your photo. You may add your photo at a later date by purchasing an additional Membership ID Set from within your Profile Center.
Changing the Name or Member ID on your Membership Card and Tags necessitates the creation of a new Membership ID Set and subsequent payment. This is done within your Profile Center menu on the left, under Member Resources. Select Order ID Sets / Items to change your name. Select Change Member ID to change your ID. This does not affect the length of your existing membership.
ECD Dog and Cat Memberships and Membership Sets are slightly discounted relative to the price of the human memberships. There is not a mobile app for pets and they do not receive some of the collateral that humans receive. The ECD dog and cat service content is similar to that of the service for people.
The Mental Health Module is currently offered free with an ECD Membership.
ECD may change its fees, fee schedules, incremental fees, and support and fulfillment fees at any time. Members will be notified in advance by email and / or through the "amendments" link at the bottom of all pages (except the home page) of any fee adjustment that would affect the price of their membership renewal prior to the automatically recurring credit card or bank account charge. By way of this agreement each member agrees to any and all fee increases.
ECD will endeavor to mail any membership support materials within 30 – 45 days of purchase. However, as card production does not begin until after the 14 day waiting period for member-photo-upload, and ECD may be handling thousands of simultaneous requests, delays may occur. No delivery date guarantee is made by ECD.
It is ECD's objective to be Internet ready 24 hours per day, 7 days per week; however ECD does not and cannot guarantee it will be. The reasons are many and mostly out of ECD's control. There could be a technical mal-function, the data center could be rendered inactive due to an "Act of God," natural catastrophe, etc. Therefore, no guarantee or warranty is made for the website's non-interrupted access by members or emergency responders. This same disclaimer applies to the ECD mobile application.
ECD is not responsible for improving any medical outcome or saving any member's life. The purpose of ECD is to increase the likelihood that a member will survive based on that member becoming a member of ECD and providing current, specific data relative to the members' well-being. It is the members' responsibility to have their accurate information available to first responders. ECD cannot ensure a first responder will search for the members' Member ID or look on the members' mobile devices. ECD cannot and does not guarantee that a first responder will notice that an ECD member is an ECD member and act accordingly. Ensuring what another person will do is not possible.
Profile Completeness and Integrity of Information:
ECD is not responsible for the completeness and / or accuracy of a members' profile information. Each member or each member's guardian understands that he / she is responsible for the completeness and accuracy of their information for their treatment by first responders and / or medical personnel. The more in-depth the information that is in a members' profile the better the chances are that he / she will benefit from the profile information. If any member does not include important, valuable information that would be beneficial to those caring for the member, that member decreases the potential value to be gained from the use of ECD. This website acts only to facilitate the presentation of information by its members who have sole responsibility for the accuracy of any posted information.
Member-Linking makes navigation between family members and partners easy. Linked members are able to login to their Profile Center and then access each other's linked members' profile(s) without logging in again within the same session. ECD is responsible for the physical presentation of content only. It is the responsibility of ECD members to conform to the legal requirements of their locality, state, province, and country.
ECD’s goal is to deliver ads that are not only valuable to advertisers, but also valuable to members. In order to do that, you agree to the following:
ECD will not provide members’ identity, contact information or complete profile to any individual or entity. As a reminder, it is each member's role to safeguard his / her own information.
ECD will modify its website, content, policies, procedures and agreements at will. Significant modification(s) will be communicated in the emailed newsletter. Please read each newsletter carefully.
If you violate the letter or spirit of this Membership Agreement, or otherwise create risk or possible legal exposure for ECD, ECD can stop providing all or part of the ECD service to you. ECD will notify you by email or at the next time you attempt to access your account. You may also delete your account and stop billing for your membership at any time by using the Stop Billing / Resign Membership Options link located on the Member Login page.
You will resolve any claim, cause of action or dispute ("claim") you have with ECD arising out of or relating to this Membership Agreement or ECD exclusively in the state of Texas. The laws of the Texas will govern this Membership Agreement, as well as any claim that might arise between you and ECD, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Texas for the purpose of litigating all such claims.
If anyone brings a claim against ECD related to your actions, content or information on ECD, you will indemnify and hold ECD harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
ECD TRIES TO KEEP ECD UP, BUG-FREE, AND SAFE, BUT YOU USE ECD AT YOUR OWN RISK. ECD IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ECD DOES NOT GUARANTEE THAT ECD WILL BE SAFE OR SECURE. ECD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE ECD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." ECD WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS MEMBERSHIP AGREEMENT OR ECD, EVEN IF ECD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECD'S AGGREGATE LIABILITY ARISING OUT OF THIS MEMBERSHIP AGREEMENT WILL NOT EXCEED TWENTY DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID ECD IN THE PAST TWELVE MONTHS, WHICHEVER IS LESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ECD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ECD strives to create a global community with consistent standards for everyone, but ECD also strives to respect local laws. The following provisions apply to users outside the United States:
You consent to having your posted medical and contact data transferred to and processed in the United States or at any location ECD selects.
If you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on ECD.
By “ECD”, ECD means the features and services ECD makes available, including through (a) its website at www.EmergencyContactData.com, ECD's mobile application and any other ECD branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) its Platform; (c) social plugins such as the "like" button, the "share" button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By “Platform” ECD means a set of APIs and services that enable others, including application developers and website operators to retrieve data from ECD or provide data to ECD.
By “information” ECD means facts and other information about you, including actions you take.
By “content” ECD means anything you post on ECD that would not be included in the definition of "information."
By “data” ECD means content and information that third parties can retrieve from ECD or provide to ECD through Platform.
By “post” ECD means post on ECD or otherwise make available to us (such as by using an application).
By “use” ECD means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works.
By “active registered user / member” ECD means a user / member whose payment is history is current.
By “application” ECD means any application or website that uses or accesses Platform, as well as anything else that receives or has received data from ECD. If you no longer access Platform, but have not deleted all data from ECD, the term application will apply until you delete the data.
This Membership Agreement is an agreement between you and ECD as an entity of DAP, Inc. This Membership Agreement makes up the entire agreement between the parties regarding ECD, and supersedes any prior verbal or written agreements.
If any portion of this Membership Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If ECD fails to enforce any of this Membership Agreement, it will not be considered a waiver.
You will not transfer any of your rights or obligations under this Membership Agreement to anyone else without ECD's consent.
All of ECD's rights and obligations under this Membership Agreement are freely assignable by ECD in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Membership Agreement shall prevent ECD from complying with the law.
This Membership Agreement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing ECD.
ECD is not liable for failure to perform the ECD's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Membership Agreement under Clause 12 (Termination) in such circumstances.