Terms & Conditions

Activating your device(s) with the Adiona Alert service CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT keep your device activated with the service AND request the cancellation of your subscription and a refund of your subscription fee according to our policies.

1. Agreement. This Agreement, together with Adiona Alert's Privacy Policy at https://adionaalert.com/privacy is a legal agreement between you and the Adiona Alert Corporation described below (collectively “Adiona Alert”) which sets forth the terms and conditions of your use of the Adiona Alert Service (as defined herein). You understand and agree that this Agreement is enforceable like any written, negotiated agreement signed by you. The term of the Agreement starts when you first activate your device(s) with the Adiona Alert Service, which includes the safety notification service, the Adiona Alert online portal and any replacement products and/or any associated software.

2. Changes to this Agreement. Adiona Alert reserves the right to revise the terms of this Agreement, and of the Service Plans are subject to change at the absolute discretion of Adiona Alert. Adiona Alert will post notice of any such changes on adionaalert.com. If Adiona Alert makes changes that are not acceptable to you, you may terminate the Agreement without charge at any time within 30 days of such change. Charges accrued for services up to the termination date will remain due and payable. If you continue to use your device(s) with the Adiona Alert Service after any such change, you will be deemed to have accepted the new terms in their entirety.

3. Coverage. You may use the Adiona Alert Service anywhere there is coverage provided by the Adiona Alert Service and your device(s) service provider, subject to any applicable restrictions due to export laws, local laws, licensing requirements and regulations or as otherwise set forth herein. You are solely responsible for ensuring compliance with any such requirements and regulations.

4. Third-Party Service Providers. The Services (as defined below) are provided by various communication devices and networks, including but not limited to satellites and their links to certain satellite ground stations, including satellite antennas and supporting equipment (the “Communication Systems”). Services may become limited or temporarily unavailable without notice from time to time. The Adiona Alert Services, including but not limited to the safety notifications, utilize various third-party service providers that are not otherwise affiliated to or controlled by Adiona Alert (the “Third-Party Service Providers”). Adiona Alert does not own or control the Third-Party Service Providers that provide the Communication Systems, nor does Adiona Alert own or control the various communication networks utilized by your device(s) and cannot be responsible for any Service interruptions that are associated with those Communication Systems or ground stations and the interconnecting networks. Nor does Adiona Alert own or control the cell phone and email service providers who receive the email and SMS messages generated by the Adiona Alert Service and is not responsible for any delays by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the Communication Systems; (ii) the condition of the Communication Systems; (iii) the condition of your device(s); and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Adiona Alert's or the Communication Systems' control.

5. Public Alerting Agencies and Weather Forecasters. The Adiona Alert Service relies on the information provided by various public alerting agencies and weather forecasters, such as Federal, State, Provincial, Territorial and Tribal governments, and as such, is not responsible for the accuracy of any safety notifications issued by these agencies, nor for the accuracy of the forecasts provided by these weather forecasters. Further, Adiona Alert Service is not responsible for any interruptions or delays for the severe weather or other safety alerts issued by the public alerting agencies or weather forecasters. regulations.

6. Services. You must subscribe to an Adiona Alert Service Plan (as defined below) to utilize our Service with your device(s), including the safety notifications. Collectively, all services presented in this section are referred to throughout this Agreement as the “Service” or “Services”. Please note: the Service requires an active subscription for your device(s), which you must maintain to update your location with our Service and to receive the notifications.

7. Changes to Services. Adiona Alert and its Third-Party Service Providers reserve the exclusive right to make changes to the Services to comply with applicable laws, to maintain or improve the Services or for other business reasons without notice to you and without liability for any changes in your ability to use the Services or the Adiona Alert Products because of such changes.

8. Service Plans. You must select a subscription (a 'Service Plan') when you activate your Adiona Alert Service. Current available Service Plans may be found at adionaalert.com. Service Plans are designed for consumer and business use, and the terms in this agreement apply to all customers.

   a. Term. The minimum duration of monthly Service Plans is 90 days, starting on the date that you activate the Service (the 'Term').

   b. Renewal. At the end of the Term, Annual Service Plans automatically renew each year unless you cancel your Service.

   c. Non-Refundable. Service Plan fees (whether original or renewed) are non-refundable unless Adiona Alert cancels the Service. In this event, you will receive a prorated refund for the unused portion of the Service Plan. Service Plans are not transferable.

   d. Cancellation. To cancel your Adiona Alert Service, please visit https://adionaalert.com/account.

   e. Suspension. You may temporarily suspend your Service up to one time per monthly billing cycle for a small monthly fee in accordance with your Service Plan. You may reactivate your Service at any time by contacting customer care or online using https://adionaalert.com/account. Monthly Service Plans (if available) may not be suspended.

   f. Termination by Adiona Alert. You agree that Adiona Alert may terminate this Agreement and the provision of Services to you with thirty (30) days notice and without further liability if Adiona Alert determines, in its absolute discretion, that you are in breach of this Agreement.

   g. Additional Charges. Your satellite device service provider, cellular service provider and/or internet provider may charge you additional fees in relation to any message and/or data sent or received by you. Please familiarize yourself with any such fees before using your Adiona Alert Service, as you and/or your recipients are responsible for any such applicable charges and fees.

9. Use and Misuse.

   a. Personal and Business Use Only. Your Service Plan is for personal, recreational, or business use. Unless otherwise authorized by Adiona Alert, you may not rent, lease, or otherwise distribute the Adiona Alert Service or any information or services associated with or derived from the Adiona Alert Services without written consent from Adiona Alert.

   b. Authorized Users and Device Sharing. You are solely responsible and assume any liability for any user authorized by you to utilize the Adiona Alert Services. You may share your device occasionally with other users subject to the terms of your Service Plan and our Fair Use Policy described below. You should not share your Service with a large number of users regularly as that may violate the fair usage policy set out below in section 8 (e). If you share your Service with any other person, you are solely responsible for providing them with accurate and complete usage instructions and Service Plan terms and conditions to all your authorized users. Some Services may only be available to the primary, registered user. You must carefully read the applicable terms and user instructions to see if restrictions apply.

   c. Misuse. You agree that you will not use the Services: (1) for any purpose in violation of applicable law, (2) in any manner that infringes or misappropriates third-party rights, or (3) in any manner that overloads or unreasonably interferes with the Services or the Communication Systems. You agree to use the Services only with the registered device(s) on your account and not to use any other equipment in connection with the Services unless expressly approved by Adiona Alert. Failure to adhere to these restrictions may result in termination of this Agreement by Adiona Alert. You agree that you will not attempt to unlock, modify, or reverse engineer your Adiona Alert Service to perform additional functions, operate using device(s) other than that registered on your account, resell the Adiona Alert Service to a third party, or for any purpose otherwise not permitted by this agreement.

   d. Fair Use Policy. A fair use policy applies to the Services. The Adiona Alert Service is intended primarily for safety usage and timely communications of safety notifications. Where reasonable, Adiona Alert will notify you of improper usage before suspending or terminating your Service Plan. We may apply limits to your usage of any Service Plan for a variety of reasons including: if your use of our Services is not appropriate or fair, if it affects (or may affect) other users' enjoyment of the Service, or if it is significantly different from the usage that we would expect from a customer, particularly with respect to the use of messages and/or network data consumption. Adiona Alert reserves the right to actively monitor usage, including network data consumption.

10. Payments.

    a. Timely Payments. You agree to pay, on time, any applicable activation fees for your Service Plan, usage, and cancellation fees, plus any applicable taxes, surcharges, and fees as provided in your Service Plan and any other fees described herein. Adiona Alert will bill your account in accordance with the terms of your Service Plan and bill cycle. This bill is due and payable in the currency specified in your Service Plan.

    b. Late Payments.You agree to pay a late charge of 1.5% per month if your bill is not paid by the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. You agree to pay Adiona Alert all costs associated with the collection of any outstanding fees owed by you, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Adiona Alert in exercising any of its rights under this Agreement. Adiona Alert may suspend the Services in the event of late or non-payment payment with immediate effect. Adiona Alert may charge a fee for the reactivation of any suspended Service Plan.

    c. Promotions. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion. You agree to the terms of the promotion, including any time limitations.

    d. Data Transmission / No Credits. Adiona Alerts will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Nor shall Adiona Alerts be liable for any damages that may result from such dropped data transmission.

    e. Taxes. If not already included in your Service Plan price, you are responsible for sales, usage, excise, ad valorem, goods and services, harmonized sales, property, or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service.

    f. Credit Approval/ Pre-authorization. Initiation or continuation of the Services is subject to credit approval by Adiona Alert and requires direct payment by credit or debit card or an authorized guarantee of payment by a valid credit card accepted in the region where you activate your Adiona Alert Service. Credit cards issued in countries not currently supported by Adiona Alert may not be accepted or may delay order processing. When you apply to activate your Service, you represent that you are the authorized owner or user of your credit or debit card and that you are a responsible party for that card. You agree that Adiona Alert may seek prior authorization of your credit or debit card account, and you authorize Adiona Alert to automatically charge that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and you or the issuer informs Adiona Alert of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described herein. Adiona Alert reserves the right to decline approval of your application for Service if we cannot verify your information, including your name, address, card details to our satisfaction.

    g. Currency. All charges on your Adiona Alert account will be in the currency selected when you activated your Service Plan. If you use a credit card or other payment type that is based on a different currency, the amount showing on your credit card or payment statements may vary from month to month depending on the difference in the exchange rate at the time your credit card or payment type is charged. You may also incur additional fees and charges for foreign exchange conversions and/or international online transactions depending on the rates set by your credit card issuer or bank. Adiona Alert has no control over currency exchange rates or these additional fees and charges. Please check with your credit card issuer or bank to see how these charges may apply to you.

11. Adiona Alert User Account, Websites, Licenses.

    a. Complete and Accurate Information. You acknowledge and accept that the information required in your Adiona Alert user account, including your device(s) activation data, contact information, and supported service options, is essential for the proper provision of the Services. You accordingly warrant and certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information provided by you remains accurate, complete, and up to date. Changing your address from one country to another country may require changes to your Service Plan and may incur additional charges or taxes.

    b. Content License from You. You agree that you are solely responsible for (and that Adiona Alert has no responsibility to you or to any third party for) any content that you create, transmit or display (the “Content”) while using the Services and any associated software and for the consequences of your actions by doing so. You hereby provide Adiona Alert with a license to disclose such Content, which may include but is not limited to your location, to Third-Party Service Providers as defined herein for the express purpose of delivering our Service. You also agree that this license includes a right for Adiona Alert to disclose personal information such as your name, address, contact details, and current location to Third-Party Service Providers, competent legal authorities, or your authorized contact(s) in connection with your use of the SOS Emergency Service and/or to assist in an emergency response or other lawful purpose. You understand and agree that Adiona Alert may be required to transmit or distribute your Content over various public communications networks and in various media, and/or to make changes to your Content in order to meet technical requirements of connecting networks, devices, services, or media.

    c. Third-Party Service Provider Licenses and Content. You acknowledge and agree that certain components of the Adiona Alert Service provided by Third-Party Service Providers (the “Third-Party Components”), including but not limited to software, services, and content, may be protected by intellectual property rights owned by such Third-Party Service Providers. Adiona Alert has been granted limited rights to sublicense such Third-Party Components to you solely for the purposes of using the Adiona Alert Service, and you may not use such Third-Party Components for any other purpose.

    d. Other Third-Party Licenses and Content. If, as part of your use of the Services and any associated software, you download software, access software online, or purchase goods that are provided by a third party, then your use of these other services, software or goods may be subject to separate terms between you and the third-party provider. This third-party content may be protected by intellectual property rights which are owned by the third party. Any reference or links to any third-party content does not constitute or imply its endorsement, sponsorship, or recommendation by Adiona Alert or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor or provider. In addition, it is possible that you may find some third-party content offensive, indecent or objectionable, and that, in this respect, you use the Services at your own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of Adiona Alert. Adiona Alert neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement by anyone other than authorized Adiona Alert employees acting in their official capacities. You understand and acknowledge that Adiona Alert is not responsible for and does not monitor third-party content for accuracy or reliability.

    e. Privacy, Data Protection. Adiona Alert is committed to maintaining your privacy. For information on how your personal information is collected, used, and disclosed by Adiona Alert in connection with your use of the Services, please consult our Privacy Policy available at https://adionaalert.com/privacy.

12. Using your Adiona Alert Service.

    a. Familiarization with the Adiona Alert Service. You understand and agree that it is your responsibility to familiarize yourself with the operation of the Adiona Alert Service, including reading your User Manual, available at adionaalert.com. You agree that you will use the Adiona Alert Service only in accordance with those instructions. It is also highly recommended that you practice properly using the Adiona Alert Service by receiving test Messages, requesting additional messages and interpreting the information provided by the messages.

    b. Important Tips. The Adiona Alert Service requires your device(s) have a clear view of the sky to obtain a GPS signal and provide the most accurate location information. It is not reliable indoors, in caves, or where the sky is not visible. Orienting your device(s) so that the top of the device is oriented to the sky will improve performance.

    c. Adiona Alert Online Account Data. You acknowledge that it is your sole responsibility to ensure that you have followed the activation process outlined on adionaalert.com to update details related to your contact information, device(s) activation and supported Adiona Alert Service options on your account.

13. REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITY.

    a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ADIONA ALERT SERVICE AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS, IMPLIED OR STATUTORY) INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) THAT THE SERVICE, THE ADIONA ALERT SERVICE AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, (iii) THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OR OF SATISFACTORY QUALITY, (iv) THAT ANY DEFECTS IN THE SOFTWARE OR ADIONA ALERT SERVICE WILL BE CORRECTED, OR THAT IT OR THEY WILL NOT INFRINGE ON ANY THIRD-PARTY RIGHTS; (v) OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. ADIONA ALERT GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE, THE ADIONA ALERT SERVICE, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE COMMUNICATION SYSTEMS USED BY THE ADIONA ALERT SERVICE TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SAFETY ALERTS. ADIONA ALERTS MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ADIONA ALERT SERVICE, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. ADIONA ALERT GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE COMMUNICATION SYSTEMS, INCLUDING SAFETY ALERT. ALL WEATHER INFORMATION BY ANY ADIONA ALERT SERVICE ARE PROVIDED BY A THIRD PARTY AND ADIONA ALERT DOES NOT GUARANTEE THAT THE INFORMATION DISPLAYED ON THE ADIONA ALERT WEBSITES AND BY THE SERVICE ARE ACCURATE AND ADIONA ALERT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTEES REGARDING THE USE OF SUCH INFORMATION IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING THE WEBSITES' OR THE SERVICE CONTENT WILL BE YOUR SOLE RESPONSIBILITY. ADIONA ALERT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE ADIONA ALERT SERVICE, MESSAGES, WEBSITES OR RELIANCE ON THE WEBSITES' CONTENT AND WEATHER INFORMATION.

    b. ADIONA ALERT AND ITS THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, HEREBY EXCLUDE AND DISCLAIM ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR FAULT, NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE COMMUNICATION SYSTEMS, THE ADIONA ALERT PRODUCT, THE SERVICES OR THE SAFETY ALERTS INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES FOR ANY REASON, OR CAUSE, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY OF THE FOLLOWING, WHICH, IF THEY SHOULD OCCUR, COULD LEAD TO A LOSS OF COMMUNICATIONS AT A VITAL TIME RESULTING IN YOUR DEATH, PERSONAL INJURY TO YOU OR DAMAGE TO YOUR PROPERTY:

    • MATTERS OUTSIDE OF ADIONA ALERT’S OR ITS THIRD-PARTY SERVICE PROVIDERS’ REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF THE COMMUNICATION SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING RELEVANT LOCATION COORDINATES; OR

    • FAILURE, DELAY, OR INACCURACY OF THE ADIONA ALERT SERVICE TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SAFETY ALERTS, AND/OR LOCATION COORDINATES, TO THE COMMUNICATION NETWORK, OR

    • FAILURE OF OR DELAY IN THE COMMUNICATION NETWORK TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SAFETY ALERTS, LOCATION COORDINATES, AND DISPLAY AS APPROPRIATE, OR

    • FAILURE OF OR DELAY IN YOUR SATELLITE DEVICE SERVICE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN TRANSMITTING A SAFETY ALERT, OR

    • FAILURE OF OR DELAY IN THE ADIONA ALERT SERVICE TO TRANSMIT ANY MESSAGE(S) TO OR FROM THE ADIONA ALERT SERVICE, OR

    • FAILURE OF OR DELAY ON BEHALF OF THE THIRD-PARTY SERVICE PROVIDERS, TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED, OR

    • FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS, OR

    • FAILURE TO PROPERLY ACTIVATE OR CONFIGURE THE ADIONA ALERT SERVICES, OR

    • FAILURE OF ADIONA ALERT AND ITS THIRD-PARTY SERVICE PROVIDERS TO PROVIDE THE SERVICE(S), INCLUDING SAFETY ALERTS, DUE TO THE SERVICE(S) HAVING BEEN SUSPENDED OR CANCELLED PURSUANT TO THE TERMS OF THIS AGREEMENT, OR

    • NON-COMPATABILITY OF ADIONA ALERT SERVICE WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE.

    • THE ACTIONS, INACTIONS, FAILURES, ERRORS OR OMISSIONS OF THE SATELLITE DEVICE SERVICE PROVIDER.

    • THE ACTIONS, INACTIONS, FAILURES, ERRORS OR OMISSIONS OF ANY PUBLIC ALERTING AGENCY IN ANY JURISDICTION; OR

    • FAILURE OR INADEQUACY OF POWER SUPPLY FOR ADIONA ALERT SERVICE AND/OR ASSOCIATED PRODUCTS.

    c. IN NO EVENT SHALL ADIONA ALERT OR ANY OF THIRD-PARTY SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS, HAVE ANY LIABILITY TO YOU FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE ADIONA ALERT PRODUCT, THE SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS OR THEIR USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES OR ADIONA ALERT PRODUCT. IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF ADIONA ALERT AND ITS THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ADIONA ALERT SUPPLIERS’ SERVICES, OR THE ADIONA ALERT SERVICE, EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY YOU TO ADIONA ALERT IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM FOR LOSS OR DAMAGES.

    d. THE LIMITATIONS IN THIS SECTION 12 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

    e. LEGAL NOTICES AND END USER LICENSE AGREEMENT. YOUR ADIONA ALERT SERVICE AND SPECIFICALLY YOUR USE OF THE ADIONA ALERT PORTAL ARE ALSO GOVERNED BY THE END USER LICENSE AGREEMENT, WHICH CAN BE VIEWED AT ADIONAALERT.COM AND WHOSE TERMS ARE HEREBY INCORPORATED BY REFERENCE.

14. INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ADIONA ALERT AND ITS AFFILIATES, LICENSORS, THIRD-PARTY SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ADIONA ALERT SERVICES AND ANY ASSOCIATED SOFTWARE.

15. INTELLECTUAL PROPERTY. ADIONA ALERT, AND RELATED TRADEMARKS, NAMES AND LOGOS ARE THE PROPERTY OF ADIONA ALERT AND ITS AFFILIATES AND ARE REGISTERED AND/OR USED IN THE U.S. AND COUNTRIES AROUND THE WORLD. THE ADIONA ALERT SERVICE AND OTHER DEVICES AND/OR ASSOCIATED SOFTWARE AND DATA, INCLUDING GEOGRAPHIC DATA, ARE PROTECTED BY COPYRIGHT, INTERNATIONAL TREATIES, AND VARIOUS PATENTS. THE DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT ADIONAALERT.COM, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION, OR WARRANTY OF ANY KIND BY ADIONA ALERT OR ITS AFFILIATES. ADIONA ALERT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS, OR OMISSIONS IN THIS DOCUMENTATION. © ADIONA ALERT CORPORATION ALL RIGHTS RESERVED.

16. Export Restrictions. Access or use of the Adiona Alert Services from locations outside of the regions currently supported by Adiona Alert is on your own initiative. When accessing the Services, it is exclusively your own obligation to ensure your compliance with: (i) the laws of the jurisdiction in which you are physically using the Services; and (ii) the laws of the jurisdiction in which your Adiona Alert user account is registered. ADIONA ALERT DOES NOT TAKE ANY STEPS TO PREVENT THE USE OF THE SERVICES IN ANY JURISDICTION. You may not use or otherwise export or re-export the Adiona Alert Service to any country in violation of the export control laws of the jurisdiction(s) in which the device and service was obtained unless expressly authorized by said jurisdiction. The Adiona Alert Service may not be used, transferred, exported or re-exported into any U.S. embargoed countries or to or by a national or resident thereof, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List, Unverified List, or Entity List or the U.S. Department of State's Nonproliferation Sanctions List. The restrictions set out above also apply to any countries or to or by a national or resident thereof subject to European Union export controls, restrictive measures/sanctions or embargos. By using the Product and Service, you represent and warrant that you are not located in any such country or on any such list and that you are not a national or resident of any such country. You acknowledge that the countries and individuals on all such lists are subject to change without notice.

17. Entire Agreement. This Agreement and any terms incorporated into this Agreement by reference constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.

18. No Waiver, Survival. The failure of Adiona Alert to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to Adiona Alert are cumulative and not alternate. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.

19. Assignment. You may not assign this Agreement or any of your rights or obligations hereunder, but Adiona Alert may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and assigns.

20. Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any errors, omissions or inconsistencies with translated versions in other languages.

21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of your Adiona Alert Service Provider described below, without giving effect to conflict of laws provisions. By using Adiona Alert Services, you agree that any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of your Adiona Alert Service Provider, and you irrevocably waive any rights to claim the same is an inconvenient forum. This Agreement may be subject to mandatory local laws applicable in your country of residence including Mandatory Consumer Rights.

22. Adiona Alert Service Providers. The entity providing Adiona Alert Products and Services depends on your location as described in the following table, subject to change upon notice by Adiona Alert. The addresses shown below are strictly for the purpose of providing legal notices. Please submit payments or purchase orders to the address indicated on your invoice or service contract.