Terms & Conditions

These Terms and Conditions (“Terms”) apply to the access and use of Triune Alert LLC’s (“Triune’s”) and all its subsidiaries’ and affiliates’ websites, including without limitation www.TriuneAlert.com, and mobile apps, services, applications, platforms, and tools that link to these Terms (collectively, the “Sites”) by users (“You,” “Your,” or “User”). The Triune Mobile Application and Sites is the property of Triune Alert LLC.

Please carefully read and understand these Terms before you begin using the Mobile Applications and Sites. These Terms are legally binding and your access to or use of the Sites serves as your acceptance of, and agreement to, the Terms. If you do not agree with any of the Terms, you are not permitted to access or use the Sites.

Triune Alert LLC (referred to herein collectively with all subsidiaries and affiliates as “We,” “Our,” or “Triune”) may amend the Terms by posting the amended Terms (“Amended Terms”) on our Sites. You agree that the foregoing will constitute sufficient and effective notice. By continuing to use the Sites and Mobile Applications more than thirty (30) days after we post Amended Terms, you confirm your acceptance of, and agreement to, the Terms as amended. If you do not agree with any of the amendments, you must immediately stop using all Sites and Mobile Applications, and your license to use the Sites and Mobile Applications will immediately terminate.

Certain areas within the Mobile Applications and Sites may be governed by additional terms ("Additional Terms") posted in or linked to such areas. By using those areas of the Mobile Application and Sites, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms.

Definitions

For the purposes of these Terms and Conditions:

“Additional Terms” - means any terms, conditions, or provisions that are supplementary to the main agreement, as may be specified in attached schedules, exhibits, appendices, or incorporated by reference. These Additional Terms shall be considered part of this Agreement and have the same force and effect as the terms outlined in the main body of this Agreement.
“Affiliate” - means any entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise.
“Amended Terms” - means the modified provisions of this Agreement, whether by mutual agreement, written amendment, or modification, that supersede or replace the corresponding terms of the original Agreement. Such Amended Terms shall be binding upon and enforceable by all parties to the Agreement and shall be incorporated into the Agreement as though originally included.
“Authorized User(s)” - means any individual or entity that has been designated by a Subscriber of the Triune App to receive notifications, alerts, or other communications on behalf of the Subscriber in the event of a specified triggering event, such as a medical emergency, hospitalization, or other event defined in the applicable terms of service. The designation of an Authorized Contact must be made by the Subscriber adding the named person into the Subscriber's Triune Authorized Contact list. At all times, the Subscriber retains the right to modify, add, or remove Authorized Contacts. The Subscriber is solely responsible for ensuring that the Authorized Contact’s contact information provided to Triune is accurate and up to date. Triune shall not be liable for any failure in the transmission of communications to an Authorized Contact arising from inaccurate or outdated information.
“Cellular Device” - means any mobile communication device that operates through a cellular network, including but not limited to smartphones, tablets, mobile phones, and any other wireless devices that can send or receive voice, text, or data transmissions over cellular networks.
“GPS Tracking” - means the process of using Global Positioning System (GPS) technology to identify, monitor, and record the location and movements of a person, vehicle, asset, or device in real-time or through stored data. GPS Tracking may include the transmission of location data to a central server or another designated location for purposes such as monitoring, navigation, security, or fleet management.
“Location” - means any specified physical address, site, property, or geographical area where certain activities, rights, obligations, or services are to be performed or take effect under this Agreement, as identified in the relevant sections of the contract or its attached schedules.
“Legal Alert” - shall refer to a notification service provided by TRIUNE Alert LLC ("TRIUNE") that is designed to notify a Subscriber’s designated Authorized Contacts in connection with emergency situations potentially involving legal matters. The Legal Alert is transmitted via various communication methods, including, but not limited to, text message, email, or other means as determined by TRIUNE. The service includes two primary functions: (1) a notification sent to the Subscriber's Authorized Contacts to provide timely information about the situation; and (2) a function allowing the Subscriber to contact legal professionals located within a 5-mile radius of their current location. This feature enables the Subscriber to ask questions and submit non-sensitive, non-confidential information for initial consultation and advice from a nearby attorney. TRIUNE Alert LLC is not responsible for the content, accuracy, or quality of any legal advice provided by third-party attorneys in connection with the Legal Alert. TRIUNE's role is strictly limited to the transmission of notifications. The Subscriber is solely responsible for the accuracy and timeliness of the information provided to TRIUNE. TRIUNE Alert LLC shall not be liable for any delays, errors, or omissions in the transmission of the Legal Alert arising from such information.
“Medical Alert” - means the notification service provided by TRIUNE Alert LLC, whereby a Subscriber's designated Authorized Contacts are notified when the Subscriber is detected at a medical facility or hospital for a period exceeding ninety (90) minutes, or upon other medical-related triggering events as defined by the terms of service. The Medical Alert may be transmitted via text message, email, or any other communication method specified by TRIUNE Alert LLC and may include relevant details regarding the Subscriber’s status, location, or duration of stay at the medical facility. The purpose of the Medical Alert is to provide timely and accurate updates to Authorized Contacts in the event of medical emergencies or hospitalizations, ensuring that designated individuals are informed promptly. TRIUNE Alert LLC shall not be responsible for delays, errors, or failures in the transmission of Medical Alerts caused by inaccurate contact information, communication failures, or circumstances beyond its control.
“Mobile Application” - means a software application designed and developed to operate on mobile devices, such as smartphones, tablets, or other handheld devices, that enables users to access services, features, or content through mobile platforms, including but not limited to iOS, Android, or other operating systems. The Mobile Application may require access to the internet or a network and may utilize device features such as GPS, cameras, or sensors.
“Sites” - shall collectively refer to any and all websites, including but not limited to www.TriuneAlert.com, as well as any mobile applications, services, platforms, software, tools, and other digital or electronic interfaces owned, operated, or provided by TRIUNE Alert LLC (hereinafter referred to as "TRIUNE"). This includes any future iterations, updates, or modifications of the websites, mobile apps, or other digital platforms, through which TRIUNE makes its services accessible to users, subscribers, or Authorized Contacts. The term "Sites" encompasses all digital properties through which TRIUNE's services are accessed or used, including but not limited to interfaces provided on desktop, mobile devices, or other electronic media, and any related services or applications offered therein.
“Subscriber” - means any individual, company, or entity that enters into an agreement or subscription to receive services, products, or content from a provider in accordance with the terms and conditions outlined in this Agreement. A Subscriber may be required to pay a fee, provide registration information, or meet other requirements to maintain access to the subscribed services or products.
“Terms and Conditions” (“Terms”) - mean these Terms and Conditions that form the entire agreement between You and TRIUNE. It is the specific provisions, rules, obligations, and guidelines that govern the rights and responsibilities of the parties under this Agreement. These Terms & Conditions set forth the conditions under which the parties will interact, the scope of the services or products provided, and the requirements to fulfill the obligations of the contract. They also address matters such as payment, performance, warranties, limitations of liability, dispute resolution, and termination of the Agreement.
“User” - means any individual, organization, or entity that accesses, interacts with, or utilizes the services, products, platform, or software provided under this Agreement, whether or not they are a signatory to the contract. The User’s access or usage is subject to the terms, conditions, and limitations set forth by the provider, and may include obligations relating to proper use, data privacy, or compliance with applicable laws.
“You” - refers to the individual, entity, or organization that is entering into this Agreement and agreeing to the terms and conditions set forth herein. "You" encompasses any agents, representatives, employees, or affiliates acting on behalf of the party addressed.

IMPORTANT: PLEASE REVIEW SECTION 2 SET FORTH BELOW (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH TRIUNE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.

BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST TRIUNE ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST TRIUNE, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST TRIUNE BY SOMEONE ELSE. INITIAL DISPUTE RESOLUTION AND NOTIFICATION.

You and TRIUNE agree that, prior to initiating an arbitration or other legal proceeding, you and TRIUNE will attempt to negotiate an informal resolution of the Dispute (as defined below). To begin this process, and before initiating any arbitration or legal proceeding against TRIUNE, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of TRIUNE’s Legal Department at the postal address set out in Section 16(h) below. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to TRIUNE must contain all of the following information: (1) your full name, address, and relationship to TRIUNE; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing TRIUNE to disclose information about you to your attorney.

After receipt of your Notice, you and TRIUNE shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor TRIUNE may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, either party may initiate an individual arbitration as provided below, except for Disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and TRIUNE each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Arbitration Agreement shall continue to apply.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and TRIUNE concerning the Sites or Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and TRIUNE empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms are void or voidable.

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND TRIUNE EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND TRIUNE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS.

As such, you and TRIUNE acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to these terms. Neither you nor TRIUNE may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and TRIUNE from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.

A. Rules and Governing Law. The arbitration will be administered by the American Arbitration

Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules, the Supplementary Procedures for Consumer Related Disputes, and/or the Supplementary Rules for Multiple Case Filings (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Illinois.

B. Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778- 7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the Commonwealth of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

C. Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TRIUNE submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Chicago, Illinois or in another jurisdiction to which you and TRIUNE agree in writing; provided, however, that if circumstances prevent you from traveling to Illinois, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

D. Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. You and TRIUNE agree to submit to the exclusive jurisdiction of the federal or state courts located in Cook County, Illinois in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

E. Procedures for Multiple Case Filings. YOU AND TRIUNE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN AN ARBITRATION INVOLVING MULTIPLE CASE FILINGS. TRIUNE’s receipt of twenty-five or more similar Demands for Arbitration (including yours)

where representation of the parties is consistent or coordinated across claims (“Multiple Case Filing”) shall be subject to the additional procedures set forth below. Demands included in a Multiple Case Filing may proceed only in accordance with the procedures set out below, and subject to the AAA Supplementary Rules for Multiple Case Filings (“AAA Multiple Case Filing

Rules”) to the extent not contrary to the terms of this Arbitration Agreement. If a court determines that this Section 2(E) is not enforceable as to your Demand, then your claim may only proceed individually in court consistent with these Terms.

(i) Batching: You and TRIUNE agree that your and other individuals’ Demands deemed by TRIUNE to be a Multiple Case Filing may be filed with AAA in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by TRIUNE. After your claim is batched and permitted to be filed as a Demand with the AAA, you and TRIUNE agree that selection and appointment of one or more Arbitrators for your Demand shall be governed by the AAA Multiple Case Filing Rules.

(ii) First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your Demand is included in the Bellwether Arbitrations, you and TRIUNE shall cooperate with the Arbitrator(s) assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.

(iii) Stay of Filing of Other Demands: If your Demand is not among those selected for the Bellwether Arbitrations, your Demand cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or TRIUNE in connection with your Demand unless and until it is assigned to a batch and authorized to be filed with AAA.

(iv) Mediation: After the Bellwether Arbitrations are completed, if your Demand remains unresolved, you and TRIUNE agree to mediate your claim along with any other unresolved claims included in the Multiple Case Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the applicable AAA mediation procedures. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and TRIUNE.

(v) Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Multiple Case Filing remain unresolved, you or TRIUNE may opt out of arbitration and elect to have your claim resolved in court consistent with Section 16(c) of these Terms. You or TRIUNE must exercise this election within 45 days of the completion of Global Mediation.

(vi) Sequential Arbitration of Remaining Batches: If neither you nor TRIUNE opt out of arbitration, another batch of no greater than 50 individuals’ Demands will be selected from the Multiple Case Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by TRIUNE. If your Demand is included in this next batch of 50 claims, your Demand will be filed with AAA, and you and TRIUNE shall cooperate with the Arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Multiple Case Filing. No unbatched Demand can proceed to arbitration until the previous batch has been resolved.

(vii) Tolling: For any claim subject to these Multiple Case Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date we receive your Demand until the earlier of (1) the date your Demand is filed with the AAA, or (2) the date you or TRIUNE opts out of arbitration pursuant to Section 2(E)(v).

F. Payment & Fees. You hereby authorize TRIUNE Alert LLC to initiate credit/debit card transactions to adjudicate invoices You process, and fees that associate with your actions within the TRIUNE App. You further authorize your Financial Institution to deduct this payment from your account. You understand that in the event TRIUNE is unable to secure the funds for this transaction from your account for any reason, including but not limited to insufficient funds in your account or insufficient or inaccurate information provided when you submit your electronic payment, further collection action may be undertaken by TRIUNE to the extent permitted by law. You further understand that the submission of this transaction is considered proper authorization by you for TRIUNE to initiate credit/debit card transaction to your account for such fees. In the event of a dishonored payment, your obligation to TRIUNE will remain unpaid. When you add a payment method to your Triune Account, such as a credit card, certain information including, but not limited to device location, device identification number, and card information may be sent to Triune and shared with our payment processor.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. TRIUNE will reimburse those fees for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). Likewise, TRIUNE will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys’ fees and expenses set forth in the Terms supplements any right to attorneys’ fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys' fees or costs.

G. Severability. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.

3. Privacy.

We are committed to transparency about TRIUNE’s privacy practices. You can find the Privacy Policy applicable to the Mobile Applications and Sites, which is incorporated into the Terms by reference, here TRIUNE Privacy Policy.

4. Acceptable Use.

Our goal is to create a respectful, positive, and safe environment for our Mobile Application and Sites’ users. In order to promote this goal, we prohibit certain kinds of conduct with respect to the Mobile Application and Sites. We reserve the right to determine whether a user’s conduct violates these Terms, and to take action as we deem appropriate. You may use the Mobile Application or Sites only for lawful purposes and in accordance with these Terms, and you agree not to use the Mobile Application or Sites:

in any way that violates any applicable federal, state, local or international law or regulation;
to knowingly send, submit, or upload false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, abusive, illegal, or otherwise objectionable communications;
to impersonate or attempt to impersonate any person or entity (including without limitation by using such person’s or entity’s identifiable information);
to transmit, or procure the sending of, any advertising or promotional material, including any “junk email,” “chain letter,” “spam,” or any other similar solicitation;
to violate, infringe, or misappropriate another person’s intellectual property, privacy, publicity, or other legal rights;
to make any commercial use of the Sites or their content, including by collecting or using any product listings, descriptions, prices, or images contained on the Sites; or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm TRIUNE, our suppliers or licensors, or users of the Sites, or expose them to liability.
Additionally, you agree not to:
- use the Mobile Application or Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Mobile Application or Sites;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Mobile Application or Sites;
- remove any copyright, trademark, or other proprietary rights notice from the Mobile Application or Sites or materials originating from the Mobile Application or Sites;
- use any robot, spider or other automatic device, process or means to access the Mobile Application or Sites for any purpose, including to monitor or copy any of the content on the Website, or otherwise use data extraction, scraping, mining, or other data-gathering tools, or create a database by systematically downloading or storing the Mobile Application or Sites’ content;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Mobile Application or Sites, the servers on which the Mobile Application or Sites are stored, or any server, computer or database connected to the Mobile Application or Sites;
- attack the Mobile Application or Sites via a denial-of-service attack or a distributed denial-of-service attack; or
- use any device, software or routine, or otherwise attempt to interfere with the proper working of the Mobile Application or Sites.

5. Ownership.

The Mobile Application and Sites and all rights, title, and interest therein are and shall remain the property of TRIUNE or its suppliers or licensors. This includes without limitation all software, text, displays, images, titles, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, and moral rights, as well as all TRIUNE’s or its suppliers’ or licensors’ names, representations and likenesses, trademarks, logos and designs, or product and service marks (collectively, “Protected Material”). Except for the limited license granted below, neither these Terms nor your use of the Mobile Application or Sites convey or grant to you any rights in or related to the Mobile Application or Sites, or any right to use or reference Protected Material. Protected Material displayed in the Mobile Application or Sites is the property of TRIUNE or its suppliers or licensors. You may not remove, copy or alter any Protected Material. Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material. All rights not expressly granted herein are reserved by TRIUNE.

All trademarks, service marks, trade names, logos, and trade dress (collectively, the "Marks") associated with TRIUNE Alert LLC, including but not limited to the TRIUNE Alert name and logo, are the exclusive property of TRIUNE Alert LLC. No party may use, reproduce, display, or distribute any of the Marks, in whole or in part, without the prior express written consent of TRIUNE Alert LLC. Any unauthorized use of the Marks is strictly prohibited and will be subject to legal action.

6. License.

Subject to your agreement to the Terms and your continued compliance with the Terms, we grant you a limited, non-transferable, non-exclusive license to access and use the Mobile Application or Sites for your own personal, noncommercial use. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Mobile Application or Sites or any component of them, except as expressly authorized by us. We reserve the right to withdraw or amend the Mobile Application or Sites, and any functionality, service, or content we provide on the Mobile Application or Sites, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Mobile Application or Sites is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Mobile Application or Sites and ensuring that all persons who access the Mobile Application or Sites through your internet connection are aware of these Terms and comply with them.

7. Your TRIUNE Account.

You may need to register an account with TRIUNE to use all or part of the Mobile Application or Sites. We may reject, or require that you change, any username, password or other information that you provide to us in registering such an account. Your username and password are for your personal use only and should be kept confidential. You, and not TRIUNE, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password, or account. In addition to all other rights available to TRIUNE, including those set forth in these Terms, TRIUNE reserves the right, in its sole discretion, to terminate your account.

8. Reliance on Information Posted.

The information presented on or through the Mobile Application or Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Mobile Application or Sites, or by anyone who may be informed of any of its content. We may update the content on the Mobile Application or Sites from time to time, but its content is not necessarily complete or up to date. Any of the material on the Mobile Application or Sites may be out of date at any given time, and we are under no obligation to update such material.

9. Linking to the Mobile Application or Sites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. Subject to the foregoing, you shall not (i) establish a link from any website that is not owned by you, (ii) cause the Mobile Application or Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website, (iii) link to any part of the Mobile Application or Sites other than the homepage, or (iv) otherwise take any action with respect to the materials on the Mobile Application or Sites that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.

10. Links from the Mobile Application or Sites.

The Mobile Application or Sites may contain links to other websites and resources provided by third parties; these links are provided for your convenience only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Mobile Application or Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. User-Generated Content.

To the extent that any content generated through your use of the Mobile Application or Sites (“User-Generated Content” or “UGC”) gives rise to any copyright interest, you hereby grant TRIUNE an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Mobile Application or Sites and related goods and services, and to distribute your UGC without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to TRIUNE use and enjoyment of such assets under applicable law. The foregoing license grant to TRIUNE, and the above waiver of any applicable moral rights, survives any termination of this license. You are solely responsible for the UGC you submit, and TRIUNE assumes no liability for any UGC submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor UGC; (ii) alter, remove, or refuse to post or allow to be posted any UGC; and (iii) disclose any UGC, and the circumstances surrounding its transmission, to any third party.

12. Location and GPS Tracking.

TRIUNE’s Medical Alert service requires users’ subscription. This subscription includes location and tracking of the subscriber. Once users are subscribed to the TRIUNE Medical Alert service, this service will continue to operate unless and until subscribers (1) deactivate their TRIUNE Medical Alert account, (2) delete the TRIUNE app from their phone and/or any cellular devices, and or (3) cancel their TRIUNE Medical Alert subscription or manually deactivate tracking through their mobile and cellular device settings.

Once a subscriber cancels their TRIUNE Medical Alert subscription, tracking and notification will continue until your current billing cycle has ended. Additionally, users will continue to receive notifications, and continue to be tracked even when users are logged out of the TRIUNE app.

Time Variance
1. Frequency. To support data accuracy, the TRIUNE app operates in thirty-minute increments when checking a user’s location. TRIUNE operates within a thirty minute time margin before the first data point is logged.
  1. To support data accuracy, while minimizing data collection and conserving device battery life, the TRIUNE App operates in thirty-minute (30-minute) increments when checking a Subscriber’s location. This thirty-minute interval may result in the first data point indicating the Subscriber's presence at a hospital being recorded with a variance of plus or minus thirty (30) minutes. For example, if the TRIUNE app checks your location at 7:00 AM CST while you are driving and you arrive at the hospital at 7:05 AM, the first indication logged by TRIUNE will not be at 7:05 AM, but instead at 7:30 AM, corresponding to the next thirty-minute interval. The TRIUNE app utilizes these thirty-minute intervals instead of continuous monitoring to limit the amount of data collected from Subscribers and to prevent rapid battery depletion of your device.
2. Notifications to Users. Users may experience a delay in notifications from TRIUNE, depending on the users’ cellular device notification settings, which is beyond TRIUNE’s control. Regardless, TRIUNE will continue to operate in thirty-minute increments until a successful notification has reached the user, as such, users’ authorized/emergency contacts will also be notified. The following is a list of well-known reasons why GPS location data may be incorrect, inaccurate, or unavailable:
  1. Device in Airplane Mode - If a device is in airplane mode, it may prevent GPS location services from working correctly, as it could disable cellular or Wi-Fi-based location assistance.
  2. Device Setting - GPS functionality may be disabled or limited in a device’s settings, especially if location services are turned off or if a device is set to only use approximate location data.
  3. Environmental Interference - Areas with strong electromagnetic interference, such as near power plants, cell towers, or dense electronic infrastructure, can distort GPS signals.
  4. GPS Spoofing or Jamming - Deliberate interference with GPS signals, such as from GPS spoofing (sending fake signals to mislead a device) or jamming (blocking signals entirely), can result in incorrect or unavailable location data.
  5. Interference from Solar Activity - Solar flares or other space weather phenomena can interfere with satellite communication, affecting GPS accuracy.
  6. Limited Power or Battery Issues - When a device has low battery power, some features, including GPS accuracy, may be reduced to save energy, affecting location precision.
  7. Multipath Effect - GPS signals can bounce off surfaces like buildings, water bodies, or mountains before reaching the device, causing the location to be triangulated incorrectly.
  8. Network-Assisted GPS (A-GPS) Issues - Many mobile devices rely on A-GPS, which uses cell towers and Wi-Fi signals to assist in positioning. Poor cellular reception or lack of Wi-Fi can degrade location accuracy.
  9. Outdated Maps or Location Data - Sometimes, the GPS is working fine, but the map data is outdated, leading to incorrect positioning or navigation issues.
  10. Poor Device Quality - GPS accuracy can be affected by the quality of a device's GPS chip. Low-end or older devices may struggle with precise positioning.
  11. Satellite Availability - GPS relies on a minimum number of satellites to accurately calculate positioning. If a device cannot connect to enough satellites (typically at least 4), the accuracy of the location may suffer.
  12. Satellite Clock Errors - If the GPS satellites, themselves, have clock errors or malfunctions, it can lead to inaccurate location information.
  13. Signal Obstruction - GPS signals can be blocked or weakened by physical obstructions such as tall buildings (urban canyons), dense forests, mountains, tunnels, or being indoors, especially in basements or enclosed spaces.
  14. Software or Firmware Issue - If a device’s GPS software or firmware contains bugs or errors, this can cause location data to be delayed, inaccurate, or completely unavailable.
  15. Weather Conditions - Heavy rain, thunderstorms, or other severe weather conditions beyond our control can interfere with GPS satellite signals, leading to inaccuracies.

13. SMS/MMS Associated Costs.

When opted into alerts from Triune, Family Health Service LLC, and its affiliated third parties, you will receive text messages (SMS/MMS) to your mobile number. By opting in, you are agreeing to the costs associated with sending and receiving SMS/MMS messages. Message and data rates may apply for any messages sent to you from us, and to us from you. Please contact your wireless provider if you have any questions about your text or data plan.

In accepting these Terms of Services you acknowledge that if within the TRIUNE App you add an Authorized Contact, your cellular/mobile device will notify the Authorized Contact, informing them of your decision.
Signal may be limited, due to your location within a medical facility, which could cause a delay in notification being sent to your Authorized Contacts.
You can opt-out of this service at any time. Simply text “STOP” to the phone number. After this, you will no longer receive SMS/MMS messages from us.

14. Notice on Alert Limitations

In the event a Subscriber's Medical Alert triggers an automatic message to their Authorized Contacts and the Subscriber remains at a hospital facility, Triune will limit the transmission of duplicate notifications by continuously monitoring the Subscriber's location. If the Subscriber remains within the same hospital location, concerning the same incident, no additional alerts will be sent to the Authorized Contacts . This measure seeks to prevent the unnecessary repetition of notifications and messaging to the same individuals for the same incident.

However, if Triune's location monitoring system detects that the Subscriber’s GPS coordinates indicate they have moved and are no longer at a hospital facility, Triune’s system will reset and initiate new notifications and messaging to the Subscriber’s Authorized Contacts in accordance with the established protocol.

15. Geographic Restrictions.

TRIUNE is based in the Commonwealth of Massachusetts in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. TRIUNE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR CONDUCT THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY SITES LINKED TO IT.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITES ARE MADE AVAILABLE TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) TRIUNE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF TRIUNE AND ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE

"AFFILIATED ENTITIES").

17. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: TRIUNE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR MISUSE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) TRIUNE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND

RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. TO THE EXTENT THAT TRIUNE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF TRIUNE LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH TRIUNE AND ITS AFFILIATED ENTITIES.

18. Indemnification.

You agree to indemnify, defend, save, and hold TRIUNE and its Affiliated Entities harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including legal fees and expenses, arising out of or relating to: (i) your use of the Sites; (ii) your actual or alleged breach or violation of these Terms; and (iii) your UGC. You are solely responsible for defending any claim against TRIUNE or an Affiliated Entity, subject to TRIUNE or such Affiliated Entity’s right to participate with counsel of its own choosing at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including legal fees and expenses, resulting from all claims against TRIUNE or an Affiliated Entity, provided that you will not agree to any settlement that imposes any obligation or liability on TRIUNE or its Affiliated Entity without its prior express written consent. If TRIUNE or an Affiliated Entity assumes the defense of any claim, you agree to cooperate with the

defense of such claims.

19. Force Majeure.

TRIUNE Alert LLC ("TRIUNE") shall not be liable for any failure or delay in performing its obligations under this Agreement, including but not limited to the transmission of alerts or notifications, due to circumstances beyond its reasonable control ("Force Majeure Events"). Force Majeure Events include, but are not limited to, acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, governmental actions or restrictions, labor disputes, strikes, power failures, internet or telecommunications disruptions, cyberattacks, or any other event or condition that renders TRIUNE's performance impracticable or impossible.

In the event of a Force Majeure Event, TRIUNE shall use commercially reasonable efforts to notify affected Subscribers and Authorized Contacts of the delay or disruption. However, TRIUNE shall not be held liable for any damages, losses, or costs incurred as a result of such delay or disruption, and its obligations under this Agreement shall be suspended for the duration of the Force Majeure Event.

If the Force Majeure Event persists for a continuous period of more than ninety (90) days, either party may terminate this Agreement upon written notice to the other, without liability, provided that any amounts owed for services rendered prior to the Force Majeure Event shall remain due and payable.

20. Miscellaneous.

a. Term and Termination. We reserve the right to condition your license to access and use the Sites on your agreement to, and compliance with, these Terms. We also reserve the right to terminate your license to access and use the Sites, at any time, for any reason or no reason, at our sole discretion. You may terminate these Terms by discontinuing your use of the Sites. Notwithstanding any such termination, all sections and all provisions of these Terms that are by their nature intended to survive termination, will remain in force, and you will continue to be liable for all your activities during the time you used the Sites.

b. Severability. Subject to Section 2(G), you and TRIUNE agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting

the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.

c. Choice of Law; Venue. Except as set forth in the Arbitration Agreement above, you and TRIUNE agree that these Terms and any dispute of any nature that might arise between you and TRIUNE will be governed by and construed in accordance with the laws of the Commonwealth of Illinois without giving effect to its conflict or choice of laws principles. You and TRIUNE agree that any action at law or in equity that is not subject to the Arbitration Agreement above shall be filed, and that venue properly lies, only in the state or federal courts located in Cook County, Illinois, United States of America, and you and TRIUNE expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.

d. Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms.

e. Entire Agreement. These Terms, including any policies referenced in the Terms, are the entire agreement between you and TRIUNE with respect to the use of the Sites. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent)

by which such understandings were communicated.

f. No Waiver. Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.

g. Notices to TRIUNE. All notices given by you or required from you under these Terms must be in writing and addressed to us, attention Legal Department, at the postal address set forth below in the “Contact Information” section. Any notices that you provide without compliance with this subsection will have no legal effect.

h. Contact Information. If you have questions, complaints, or claims with respect to the Sites or these Terms, please direct such communications to:

Postal Address:

Triune Alert LLC

P.O. Box #1

Chicago, IL 60604

Email address: Support@TriuneAlert.com

Last Modified: September 17, 2024