Terms and Conditions/User Agreement

This User Agreement ("Agreement") is entered into by the identified, enrolled Member for the sole benefit of USA EMERGENCY CONTACT, LLC (USAMyICE.com, USAEmergencyContact.com and HOGICE.com) ("Company")) as a condition of Membership.

Member agrees that enrollment into the Company emergency contact program ("Program") is made solely upon the terms and conditions herein; and Member agrees to be bound and to abide by such terms and conditions for himself/herself and for and on behalf of any and all of Member's eligible, enrolled family members (included in the definition of "Member" for all purposes under this Agreement):

I. TERM/TERMINATION.      The Membership period ("Term") shall be for twelve (12) months from the date acceptance by the Company of Member's application for enrollment, and unless earlier terminated by the Company, the Membership shall be effective until expiration of the Term. (a) Membership will terminate immediately without notice from Company if Member fails to comply with any term, condition or provision of this User Agreement. Upon termination of Member, Member agrees that all limitations of warranties and liability and the prohibitions set out in this Agreement shall continue in force even after any termination of this Agreement, and Member agrees that Company shall be entitled to enforce the terms and remedies of this Agreement after its termination. (b) If the Membership is not terminated by the Company, the Term will be automatically renewed prior to expiration in accordance with the provisions of Paragraph XIII. (See Paragraph XIII).

II. COPYRIGHTS, TRADEMARKS AND PATENTS.      All right, title and interest, including copyrights, trademarks and patents in and to the Program (including but not limited to any images, photographs, animations, video, audio, text, identification cards, bracelets, or other products identifying an association with the Program, and "applets" incorporated into the Program or its software base) and any accompanying printed materials are solely owned by Company. Member agrees that this Agreement does not grant Member any intellectual property rights in the Program or any of its products.

III. USER FEES, CHARGES AND PAYMENT.      During the term of this Agreement and any extensions thereof, Member agrees to pay Company according to the rate schedule that will be presented to Member as in effect from time to time. In the event that this Agreement shall be terminated for any reason, the Company will not return, pro-rata or otherwise, any funds paid to the Company.

IV. NO WARRANTY.      COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PROGRAM. THE PROGRAM AND ALL ACCOMPANYING MATERIALS ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company does not warrant that the use of the Program will meet Member's requirements or that the operation of the Program will be uninterrupted or error free. The Company relies exclusively on the information provided to it by the Member, and the Member is solely responsible for the information and its accuracy provided to Company at all times, including any updates provided by Member from time to time.

V. LIMITATION OF LIABILITY.      In no event will Company or its officers, directors, employees, members, managers, agents or affiliates, be liable to Member for any consequential, incidental or indirect damages (including damages for loss of business, profits, business interruption, loss of business information, personal injury, sickness, health loss, or death) arising out of the use of or affiliation with the Program, data or accompanying materials, even if Company has been advised of the possibility of such damages. While some states do not allow the exclusion of limitation of liability for consequential or incidental damages, this Agreement shall be governed by the laws of the State of Texas of the United States of America. The liability of Company to Member for actual damages for any cause whatsoever and regardless of the form of action shall be limited to the price of the then-current annual Membership Fee actually paid by Member as of the date of any alleged loss. The limitations in warranty and remedy shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or whether the possibility of damages were foreseeable, or whether the damages were incurred by a third party.

VI. MEMBER'S REMEDIES.      Company's entire liability and Member's exclusive remedy for any allowed breach of warranty, if any, shall be a refund of the Membership fees paid for the then-current annual Membership period.

VII. COMPANY'S REMEDIES.      In event of default of term, condition or provision of this Agreement by Member for any reason including but not limited to non-payment of any fees owed to the Company by the Member, Company shall have the right to:

      1. Termination of services and denial of Member's access to the Program

      2. Pursue such judgments, payments or damages, attorney's fees and costs as are associated with Member's default.

VIII. INDEMNIFICATION AND HOLD HARMLESS.      With regard to any use, alleged use or misuse, or alleged failure of the Program for any reason or by any person, Member agrees to indemnify Company and hold Company harmless from any and all special, incidental, direct or indirect damages, or for any economic consequential damages (including lost profits or savings), judgments, attorney's fees (at trial and on appeal) and costs, libel, slander and defamation, even if Company has been advised of the possibility of such damages.

IX. LIMITATION OF REMEDY AND FORUM.      This Agreement shall be governed by the laws of the State of Texas of the United States of America. In the event of any dispute by and between Company and Member, the exclusive forum for resolution of the dispute shall be in Dallas, Dallas County, Texas, United States of America, which shall be the exclusive venue for any and all disputes by and between the parties whatsoever. Member agrees to submit itself to the jurisdiction of the courts in Dallas, Dallas County, Texas, United States of America, for the sole resolution of any and all disputes between the parties.

X. FORCE MAJEURE.      Member acknowledges that the effective use of the Program involves the use of the Internet. In the ordinary course of business, the Internet is subject to failures, downtime and other untoward events which are indigenous as "Acts of the Internet." All such events are outside the control of the Company, and Member agrees to hold Company harmless from the consequences and damages suffered by Member from any such acts and events.

XI. ACCURACY OF PROGRAM DATA.      Company will engage in data collection for the use and operation of the Program by Company. Member agrees that it is solely responsible for the correctness, accuracy or reliability of any and all data provided to Company, collected by Company, or utilized by Company, regarding the operation of the Program and for such data distributed or intended to be made available to any third party as contemplated by the Program. Company does not warrant the accuracy, correctness or reliability of any information collected and made available by Member.

XII. NON-RELEASE OF DATA.      Company will not distribute or otherwise make available any of the Member's data provided to the Company to any marketing or sales company or other business or enterprise that is not expressly permitted by Member.

XIII. AUTOMATIC MEMBERSHIP RENEWAL.      Unless earlier terminated in accordance with the provisions of Paragraph I, the Member's enrollment in the Program will be automatically renewed prior to expiration at the end of each annual Term as follows: Member will be provided email notice at the Member's then-current email address on file with the Company not less than thirty (30) calendar days prior to the expiration of the current annual Term. Member shall have either (i) fourteen (14) calendar days to notify Company by using the attached link (click here) or (ii) in writing via first-class mailing delivered to the Company's address that is post-marked not less than twenty-one (21) calendar days prior to the expiration of the Term to notify Company of the Member's intent to decline the automatic renewal of membership in the Program. All notices of renewal that are not responded to within the date that is fourteen (14) days in advance of the expiration shall be automatically considered as a renewal for an additional Term, and the Membership Fee then in effect shall be automatically charged to the Member's account with the Company. Renewals will be considered effective for all identified and enrolled family members of the Member, except that any of the Member's enrolled family members who have attained the age of 22 years during the just-completed Term shall be deleted from the membership enrollment of the Program or placed on an inactive list pending that family member's direct enrollment and payment of a separate Membership Fee in the Program.

XIV. NOTICES TO COMPANY.      All notices to the Company (except as permitted in this Agreement to be made via email or electronically) or other correspondence to the Company shall be made in writing and sent via certified mail, return receipt requested, to: USA EMERGENCY CONTACT, LLC, 2300 Heatherwoods Way, Carrollton, Texas 75007.

XV. SEVERABILITY.      If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall continue in full force and effect.

XVI. ENTIRE AGREEMENT.      This Agreement constitutes the entire agreement between the parties with respect to the use of the Program, its products, and its documentation and supersedes all prior or contemporaneous understanding or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of the Company.