Terms of Use

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

ALR Technologies Inc. (“ALRT”) offers the iOS App, Android app and web based interface (“System”) including all information, software, accounts, products, communications and services available from this System or offered as part of or in conjunction with this System, to you, the User (as defined below), conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein. Please read these Terms and Conditions of Use and Privacy Policy (“Terms and Conditions”) carefully before accessing or using the System. Throughout these Terms and Conditions, ALRT is also referred to as “we” or “us.”

Definitions

“Account” shall mean the file of health and health-related information of a Patient that may be accessed, stored, used, and updated by the Subscriber and Patient and/or his or her designee(s) or with the authorization of a Subscriber or Patient.

“ALRT Apps” shall mean the ALRT iOS and Android Apps that can be accessed, stored, used, and updated by the Subscriber and Patient and/or his or her designee(s) or with the authorization of a Subscriber or Patient.

“Authorized Health Care Provider” shall mean the health care provider authorized by a Patient to access his or her Patient Data, upload health or health-related information for inclusion in a Patient’s Account, and send email or text communications to Users.

“Authorized Pharmacy” shall mean the pharmacy authorized by a Patient to have access through this System and/or to receive email notifications for the purpose of obtaining the number of test strips a Patient has recorded in his or her Account as being used by the Patient as well as to have access to such information in Patient’s account as authorized by Patient and as provided in this agreement.

“Subscriber” shall mean an individual who executes or enters into this agreement with ALRT to maintain and store health information for a fee in a Subscriber Account that may be accessed through the System, and who accepts the Terms and Conditions so as to be able to access and/or use the System.

“Patient” shall mean an individual who executes or enters into this agreement with the System and accepts the Terms and Conditions and who receives care or services from a physician and/or pharmacy who or which is a Subscriber;

“Patient Data” means any information, including health information, contained in this System pertaining to Patient.

“Site” shall mean the web based interface, www.alrt.com and any of its subpages or domains that can be accessed by the Subscriber and Patient and/or his or her designee(s) or with the authorization of a Subscriber or Patient.

“User” shall mean a Subscriber, Patient, Authorized Health Care Provider, Authorized Pharmacy, or an individual who executes or enters into this agreement with the System and accepts the Terms and Conditions, who accesses or uses the System with the authorization of a Subscriber or Patient. Throughout the Terms and Conditions, Subscribers, Authorized Healthcare Providers, Patients and Users are also referred to collectively as “you.”

General Terms

Your access and use of the System bind you to the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not use the System and its services.

We may modify these Terms and Conditions at any time. Any modifications made to the Terms and Conditions will be effective immediately upon posting on the Site. By accessing or using the System, you agree to be bound by all of the Terms and Conditions as posted on the Site at the time of your access or use. You agree to review the Terms and Conditions posted on the Site each time you use the System so that you are aware of any modifications made to these Terms and Conditions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the System to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that ALRT's rights under the Terms and Conditions and all incorporated agreements between ALRT and you may, in our sole discretion, be assigned by ALRT to, and our obligations thereunder be assumed by, a third party and ALRT shall have no further liability thereunder

We may change the System or delete features at any time and for any reason. We may cancel or suspend your access to any services provided on our System at any time. Our cancellation or suspension may be without cause and/or without notice. Upon cancellation, your right to use services provided by the System stops immediately.

Our failure to act with respect to a breach by you or others of the Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between ALRT and any User with respect to the System, its uses and services.

General Disclaimer

THE SYSTEM AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SYSTEM IS PROVIDED ON AN “AS IS” BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SYSTEM IS INTENDED FOR GENERAL UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SYSTEM IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the System are responsible for maintaining a means external to the System for the reconstruction of any lost data. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the System, or any part thereof, with or without notice.

Warranties and Limitation of Liability

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SYSTEM, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SYSTEM. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SYSTEM OR ON THE INTERNET GENERALLY. NEITHER ALRT NOR ITS EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE SYSTEM OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE OF ALRT HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE SYSTEM ON BEHALF OF ALRT. ALRT RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE SYSTEM.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ALRT OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE SYSTEM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SYSTEM, DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SYSTEM, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO ALRT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SYSTEM.

Force Majeure

You agree that ALRT shall not be liable for any and all losses, damages, costs, claims, and other liabilities that arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the System and any services provided through the System due to circumstances beyond the reasonable control of ALRT or any of our employees, agents, independent contractors or service providers (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

Users’ Agreement

Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.

Users will not use this System for any purpose in violation of local, state, national or international laws.

Users will not use this System as a means to distribute advertising or other unsolicited material to any third party.

Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.

Users will not impersonate another person.

Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this System. The sole and exclusive remedy for dissatisfaction with the services of the System will be to stop using the System.

Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors, employees, agents and independent contractors, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the System, or any breach or violation of these Terms and Conditions or any other term or condition contained in the System.

Users agree to comply with all User responsibilities and obligations as stated in these Terms and Conditions.

Users agree to use Patient Data only for the purpose of monitoring Patient’s condition and logs with recommended monitoring of Patient’s diabetic condition by authorized users. Users shall not utilize this System and/or the software available through the System to aggregate Patient Data or download Patient Data.

Users who are Subscribers agree to the payment terms contained in the System.

Patient authorizes ALRT to send unencrypted emails to Patient and/or Patient’s Authorized Healthcare Provider for purposes of monitoring Patient’s medical condition.

Users’ Representations

All System Users represent and warrant that they are at least 18 years of age, or have the consent of their parent or legal guardian to use the System, and that they possess the legal right and ability to agree to the Terms and Conditions and to use this System in accordance with the Terms and Conditions.

Termination of Privileges

ALRT reserves the right (but is not obligated) to terminate your privilege of using all or any portion of this System if you breach any of these Terms and Conditions. If ALRT receives notice or otherwise discovers that you have uploaded or posted information that infringes a third party’s copyright or trademark rights, violates a third party’s privacy rights, or is illegal, harassing, abusive or disruptive, ALRT may terminate your access to the System, including all of your privileges or Accounts that you may have established in connection with the System.

ALRT also reserves the right (but is not obligated) to remove communications that fail to conform to the Terms and Conditions, and edit or delete any communications regardless of whether such communications violate the Terms and Conditions. We may, in our sole discretion, discontinue providing the System, or any portion thereof.

These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

Copyright and Trademarks

The marks are trademarks of ALRT and are protected by state and federal trademark laws. Other trademarks appear in the System with permission from their respective owners. You are not authorized to use any of these trademarks by your access to this System. Please contact ALRT for any necessary consent. Your unauthorized use of trademarks appearing in the System may constitute trademark infringement, which could subject you to substantial civil penalties.

Except for material in the public domain under United States copyright law, all material contained in the System (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained in the System without the prior consent of the copyright owner. None of the material contained in the System may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of ALRT. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed in the System for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials in the System. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ALRT or the copyright owner of the copied material.

Software Available through the System

Any software that is made available to download through this System is the copyrighted work of ALRT and/or its suppliers. For any software not accompanied by an End User License Agreement, ALRT hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by ALRT in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Passwords and Account Information

Users agree and understand that they are responsible for maintaining the confidentiality of passwords and/or Account information. Accordingly, Users agree that they will be solely responsible to ALRT for all activities that occur under their Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify ALRT immediately at support@alrt.com.

Record and Monitor Care Plans

Users will be able to access all information and services of ALRT through the System. By agreeing to these Terms and Conditions, Subscribers and Users consent to the following:

  • Authorized Pharmacies will have access through this System to information on the number of test strips a Patient has recorded in his or her Account as being used by the Patient, personal identity information about Patient, the type of glucometer and the identity of the Patient’s prescribing physician. Authorized Pharmacies may communicate through the System utilizing email and text (SMS) communications.

  • Authorized Health Care Provider(s) and Users who are authorized to do so by Patient may access and monitor information, including “protected health information” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”) regulations a User uploads to the System.

  • ALRT may send email and SMS text notifications that contain information related to a Subscriber’s care plan and other information, including “protected health information,” to Subscriber, Authorized Health Care Provider(s), and/or Users that Subscriber authorizes to receive such email notifications. Users may send emails and SMS Texts containing such information to each other.

  • ALRT may access a Patient’s Account for purposes of maintaining and operating the System and for purposes of data aggregation.

Notices

These Term and Conditions are in electronic form. There may be information regarding the System and the services provided through the System that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you: by email at the email address you specified when you signed up for a service provided through the System, if any; by access to a website that will be designated in an e-mail notice sent to you at the time the information is available; or by access to a website that will be generally designated in advance for this purpose.

Notices provided to you via email or SMS text will be deemed given and received on the transmission date of the email or text messages. As long as you can access and use the System, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the System.

Featured Links and Advertisements

The System may contain hyperlinks to websites offered by parties other than ALRT. Such hyperlinks are provided for your reference and convenience only. ALRT is not responsible for the privacy practices or the content of such websites; nor does ALRT’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators, including any websites that may indicate a special relationship or partnership with ALRT (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this System, we do not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this System.

We do not disclose personally identifiable information or unique identifiers to those responsible for the linked websites. The linked websites, however, may collect personal information from you that is not subject to ALRT’s control. To ensure the protection of your privacy, always review the privacy policy of the websites you may visit through links from this System.

Linking

You are not authorized to create links to any pages or sections of the System, other than the “homepage” of the Site without the express authorization of ALRT. Under no circumstances may you “frame” the System or any of its content or copy portions of the System to a server, except as part of an internet service provider’s incidental caching of pages. Each page within the Site or parts of the ALRT Apps must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site or ALRT Apps.

Jurisdiction

You agree that the Terms and Conditions constitute an agreement entered into between you and ALRT in the Commonwealth of Virginia, United States of America, and is performed within the Commonwealth of Virginia and governed by and shall be construed in all respects under the laws of the Commonwealth of Virginia, exclusive of its choice of law or conflicts of law provisions. In any claim or action by you directly or indirectly arising under these Terms and Conditions or related to the System, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the City of Richmond Circuit Court in Richmond, Virginia, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court for the Eastern District of Virginia, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.

Those who choose to access the System from outside of the Commonwealth of Virginia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. ALRT makes no representation that materials on the System are appropriate or available for use in locations outside of Virginia. The System is not intended to subject ALRT, its employees, agents, and independent contractors, or any content providers to this System, to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.

If any of the provisions of the Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.

The Terms and Conditions constitute the entire agreement between you and ALRT relating to the access and use of the System and any of ALRT’s services. The Terms and Conditions may not be modified, in whole or in part, except as described elsewhere in the Terms and Conditions. Anything contained on the System inconsistent with or conflicting with the terms of the Terms and Conditions is superseded by the terms of the Terms and Conditions. If you have confidentiality obligations related to the System, those obligations remain in force. The section titles in the Terms and Conditions do not limit the terms of these Terms and Conditions.

PRIVACY POLICY

Collection and Use of Personal Information

We consider your use of the System to be private. However, we may access or disclose information about you, your use of the System and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of the Terms and Conditions; including, but not limited to, use of this System to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property or safety of ALRT, its employees, agents, independent contractors, service providers and Users or the public. You consent to the access and disclosures outlined herein.

We may use technology or other means to protect the System, protect our Users, or stop you from breaching these Terms and Conditions. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the System.

The System may contain links to websites operated by third parties. ALRT has no control over the privacy policies and practices of such third party sites, and if you have any concerns, you are urged to review the terms of those websites for more information about the policies applicable to those websites.

Further information on the privacy practices of the System are contained in the Notice of Privacy Practices contained on the System.

IP Addresses

We collect and log the IP address of all visitors to alrt.com. An IP address is a number automatically assigned to your computer whenever you access the Internet. IP addresses allow computers and servers to recognize and communicate with one another. We collect IP address information so that we can properly administer our system and gather aggregate information about how our System is being used, including the pages visitors are viewing. This aggregate information may be shared with advertisers, sponsors and other businesses. To maintain your anonymity, we do not associate IP addresses with records containing personal information. We will use IP address information, however, to personally identify you in order to enforce our legal rights or when required to do so to comply with the law.

Cookies

“Cookies” are small pieces of information that some websites store on your computer’s hard drive when you visit them. Like many other websites, alrt.com uses cookies to provide us with information relating to the sources of our Site traffic. Collecting this information, however, does not allow us to personally identify you. A cookie may be used to tell when your computer has contacted the Site. ALRT uses the information for editorial purposes and for other purposes such as delivery of advertisements, so ALRT can customize the delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.

Protection of Personal Information

All health care related data that you enter into this System is encrypted with secure server software (SSL). The encryption means that your data is protected while it is being transferred over the Internet to our servers.

Password and Account Security

Please be aware that ALRT is providing you the ability to store any relevant information, including private health-related information, in the System, and has adopted many levels of security to protect this information. Please be careful and responsible whenever you are online and change your password for your Account frequently.

Third Parties

Except as noted above, alrt.com does not provide any third party access to your IP address and email address.

We may provide third parties with aggregate statistics about our visitors, traffic patterns and related Site information. This data reflects site-usage patterns gathered during visits to our Site each month, but it does not contain behavioral or identifying information about any individual member unless that member has given us permission to share that information.

Aggregate Information

We use general traffic, site usage and length-of-stay information in reports to advertisers and firms with which we have a business relationship. This sort of information is shared only in aggregate and does not personally identify you. We may use aggregate information on glucometer test results stored as aggregate data for providers, payers or ourselves.

Communications

ALRT may provide you with the opportunity to receive communications from it or third parties via email or SMS text.

Communication that you send to us via the email links in our System may be shared with a customer service representative, employee, medical expert, agent or independent contractor that is most able to address your inquiry. We make every effort to respond in a reasonable and timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry.

The email functionality in our System does not provide a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email.

Except as prohibited in the section titled “Notices,” you may decide at some point that you no longer wish to receive communications from our System. If the mailing does not have an email cancellation form and you wish to stop receiving communications from our System, send an email message to support@alrt.com or send regular mail to the following postal address:

ALR Technologies, Inc.
7400 Beaufont Springs Dr; Suite 300
Richmond, VA
23225
Tel: 804-554-3500

We make certain video conferencing technologies available to our Users. Please be aware that when you use our video conferencing technologies, you or our staff may be required to discuss or display your electronic protected health information (ePHI) that has been stored in our system. Your ePHI will be discussed over a voice over internet protocol (VoIP) connection. The risk of discussing your ePHI over a VoIP connection includes but is not limited to, the use, dissemination, distribution, printing or copying of the ePHI by persons or entities other than ALR Technologies, Inc. By accessing and utilizing our video conferencing technologies you are doing so at your own risk and with the knowledge that we cannot guarantee the security of such communications.

Complaint Process

If you have a complaint or problem, or if you believe your privacy rights have been violated, you may email us at specialassistance@alrt.com. Our customer service department will forward your complaint to the appropriate ALRT department for response or resolution. If you don’t receive adequate resolution of a privacy-related problem, you may write to ALRT at:

ALR Technologies, Inc.
7400 Beaufont Springs Dr; Suite 300
Richmond, VA
23225
Tel: 804-554-3500

Contacting Us

If you have any questions about the Terms and Conditions, the practices of the System, or your dealing with ALRT, you may contact us at: specialassistance@alrt.com.

Updated Last October 22, 2019