Centarc Global, LLC (“Centarc Global”) provides a variety of resources including the website www.centarcglobal.com and the Centarc mobile application. These Terms and Conditions of Use ("Terms") govern your access to and use of the www.centarcglobal.com website, Centarc’s mobile applications and their related features and Centarc’s wearable safety devices (collectively the "Platform"). Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms as well as our Privacy Policy which is incorporated by reference. By accessing or using the Platform you agree to be bound by the foregoing. If you have questions about these Terms, please contact us at support@centarcglobal.com.

1. General Information.

You may use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. We may, without prior notice, change the Platform; stop providing the Platform or features of the Platform, to you or to users generally; or create usage limits for the Platform.

2. Your Account

You must have an account (“Account”) in order to utilize certain features of the Platform. To create an Account, you must provide certain information about yourself, a valid email address and create a password. If you create an Account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You may also be able to create an Account and access the Platform through various social networking sites, such as Facebook. If you access the Platform through any such social networks, you agree that we may access, make available, and store (if applicable) any information, data, text, and/or other materials that you have provided to and stored and made accessible in your social networking profile so that same information is available through the Platform, subject to any privacy or other restriction settings you maintain with that social network.
You represent that you are over the age of thirteen (13) years old (the “Minimum Age”). If you are over the Minimum Age, but under the legal age of majority, in order to create an Account, your parent or legal guardian must consent to these Terms of Use, affirm that they accept this Agreement on your behalf and assume all responsibility and liability for the actions of any users of the Account.
You are solely responsible for maintaining the security and confidentiality of your password and are solely responsible for all use of your account. You agree to notify us if you suspect any unauthorized use of your account or access to your password. Centarc Global is not liable for any losses you may incur as a result of unauthorized use of your account whether with or without your knowledge. You may not use any other account at any time, without the permission of the account holder.
Accounts, including those made on behalf of an organization, business or other entity, and Account credentials are non-assignable and non-transferrable without Centarc Global’s express consent. If you wish to transfer ownership of an Account made on behalf of an organization, business or other entity, contact support@centarcglobal.com to obtain authorization to transfer.
You may delete your account at any time. We may suspend or terminate your account or suspend or terminate your access to any or all parts of the Platform for any reason and without notice. Centarc Global will have no liability whatsoever to you for any termination of your account or related deletion of your information.

3. Your Contacts.

Your Account will allow you to identify up to five (5) contacts (“Contacts” or “Your Contacts”) to receive notices and communications through the Platform. You acknowledge and agree that all persons or entities you identify as Contacts have authorized you to do so. You further agree to maintain up-to-date phone numbers or other contact information for Your Contacts. Failure to maintain up-to-date information about Your Contacts may result in the inability of a Contact to receive any notifications from or through the Platform. You further agree and acknowledge that there may be instances where Centarc Global, for reasons outside its control, may be unable to contact or to notify any or all of Your Contacts through the Platform.

4. Subscription Fees and Payment Terms

Access to the Platform, or certain features of the Platform, requires a paid subscription, which is billed monthly (“Subscription Fee”). Each month, the Subscription Fee will be charged to the payment method You have identified to Centarc. You agree to maintain accurate and valid payment method data with Centarc at all times. Should any payment be refused, Centarc will notify You of same and You will then have seven (7) days to make payment in full by alternate means. You acknowledge that failure to make payment in full as provided herein will result in immediate termination of Your access to the Platform. Centarc reserves the right to change the Subscription Fee at any time by providing You with at least fourteen (14) days prior notice of such changes

5. Use of the Platform and Restrictions

In exchange for access to the Platform, you agree that you will only use the Platform as provided for by these Terms and only for purposes consistent with all applicable laws and regulations. You agree that you will not (a) copy, distribute, modify, adapt, decompile, reverse engineer, or create derivative works based on any part of the Platform; (b) use the Platform for any unlawful purpose, or in violation of any local, state, national or international law; (c) remove or alter any copyright or other proprietary rights notices from the Platform; (d) abuse or burden the Platform in any way that could interrupt, limit or otherwise impair the functionality of the Platform; (e) insert any code or manipulate the Platform in any way, including through introduction of any malicious code, viruses, worms, Trojan horses, spyware or other potentially harmful programs or other material or information; or (f) except as otherwise provided by these Terms, sublicense or authorize any third party to access or use the Platform

6. Data and Privacy

You agree that Centarc Global has the right to compile, collect, extract, analyze and use certain technical data and related information, including, but not limited to, information about your use of the Platform, your device, systems, application software and peripherals (“Data”). Centarc Global may use that Data for purposes of measuring Platform performance, improving the Platform, providing software updates and support, and developing new products or services related to the Platform. You may refer to the Centarc Global Privacy Policy for more information about what Data is collected and how such Data is used.

7. Platform Modifications and Updates. 

Centarc Global may develop and provide updates or modifications to the Platform from time to time including, but not limited to, software upgrades, patches, fixes, error corrections addition of new features or removal of existing features (collectively, “Platform Updates”). Providing any Platform Updates are at Centarc Globals’ sole discretion and you agree that Centarc Global has no obligation to provide Platform Updates or continue any Platform features or functionality. You agree to download and install any Platform Updates and acknowledge that failure to download and install any Platform Updates can result in diminished Platform performance or the failure of the Platform to function. While solely at your discretion, Centarc Global suggest you set your device for automatic downloading and updating. You agree that all Platform Updates and your use of same are subject to these Terms.

8. Proprietary Rights

All right, title, and interest in and to the Platform is and will remain the exclusive property of Centarc Global. The Platform and its features are protected by the copyright, trademark, and other laws of the United States. CENTARC is a trademark of Centarc Global. Except as expressly provided herein, nothing in the Terms gives you a right to use the Centarc Global name or any of the Centarc Global trademarks, logos, domain names, and other distinctive brand features.

9. Communications Equipment.

To access and use the Platform you will need a Centarc wearable safety device, a Bluetooth enabled cellular phone and cellular service. All costs and expenses associated with obtaining a Centarc wearable safety device and cellular phone as well as maintaining cellular service shall be your responsibility alone. Centarc Global has no responsibility or liability for the functionality or connectivity of any cellular device or service you use to access and use the Platform or for any costs you may incur in connection with same.

10. Advertising

The Platform may include third-party advertisements, which may be targeted to the Content or information on the Platform, queries made through the Platform, or other information. The types and extent of advertising by third-parties on the Platform are subject to change. In consideration for Centarc Global granting you access to and use of the Platform, you agree that Centarc Global and its third-party providers and partners may place such advertising on the Platform or in connection with the display of Content or information from the Platform whether submitted by you or others.

11. Cookies

We use Cookies on the Platform to maintain, facilitate and enhance certain Platform features. Please review our Cookie Policy to learn about what Cookies are, how we use them and what you can do about them.

12. Links

The Platform may contain links to third-party websites or resources. Centarc Global is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or Platforms on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Centarc Global of such websites or resources or the content, products, or platforms available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

13. Disclaimers of Warranties

YOUR ACCESS TO AND USE OF THE PLATFORM OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND ANY ACCESSIBLE CONTENT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. CENTARC GLOBAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM OR ANY OTHER CONTENT, INFORMATION OR MATERIALS PROVIDED BY CENTARC GLOBAL, ALL OF WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CENTARC GLOBAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
SPECIFICALLY, BUT WITHOUT LIMITATION, CENTARC GLOBAL DOES NOT REPRESENT OR WARRANT THAT: (I) THE PLATFORM OR THE CONTENT, INFORMATION OR RESULTS ON OR PROVIDED THROUGH THE PLATFORM ARE CORRECT, ACCURATE, RELIABLE, UP-TO-DATE OR SUITABLE FOR ANY WELLNESS, HEALTHCARE OR MEDICAL PURPOSE; (II)ACCESS TO AND USE OF THE PLATFORM SHALL BE UNINTERRUPTED OR ERROR-FREE; (III) THE PLATFORM OR, IN THE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS OR THAT DEFECTS SHALL BE CORRECTED; OR (IV) THE PLATFORM WILL MEET YOUR NEEDS OR ACHIEVE ANY INTENDED RESULTS. WE ARE NOT RESPONSIBLE FOR FACTORS OUTSIDE OUR COMPLETE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION, CONNECTIVITY UNDER THE CONTROL OF THIRD PARTIES, NETWORK ISSUES, USER ERROR, LOCATION NOT HAVING SERVICE, 911 NOT RESPONDING, NATURAL DISASTERS, INACCURATE LOCATION DATA OR EMERGENCY SERVICES SENT TO WRONG LOCATION, EQUIPMENT NOT CHARGED (DEAD BATTERIES), TECHNOLOGY OUTSIDE OUR DIRECT CONTROL, ETC. DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS.
SOME SERVICES ARE ONLY AVAILABLE IN THE UNITED STATES. THE PLATFORM WILL NOT PERFORM IF YOUR ACCOUNT IS NOT CURRENT ON PAYMENT, IF YOUR DEVICE IS NOT CHARGED, TURNED ON, AND HAS NETWORK ACCESS. PLATFORM FUNCTIONALITY MAY NOT BE AVAILABLE IN REMOTE OR ENCLOSED AREAS. IF YOU OPT IN TO ENABLE LOCATION TRACKING, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TRACK YOUR APPROXIMATE LOCATION WHENEVER YOUR DEVICE IS PAIRED AND CONNECTED BY BLUETOOTH TO YOUR NEARBY COMPATIBLE, POWERED-ON SMARTPHONE. YOU AGREE THAT WE CAN PROVIDE THIS INFORMATION TO THIRD-PARTY SERVICE PROVIDERS AND AUTHORIZED US TO ACCESS YOUR CONTACTS IN CASE OF AN EMERGENCY OR SERVICE INCIDENT. HOWEVER, WE CANNOT GUARANTEE THAT WE CAN TRACK YOUR EXACT LOCATION, AND, IN SOME CASES, WE MAY ONLY BE ABLE TO PROVIDE THE INFORMATION PROVIDED IN YOUR PERSONAL EMERGENCY PROFILE.
CENTARC GLOBAL IS NOT A MEDICAL CARE OR EMERGENCY SERVICES PROVIDER. THE PLATFORM IS A COMMUNICATION TOOL ONLY AND NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE OR EMERGENCY SERVICES PROVIDERS IN DIAGNOSING AND TREATING PATIENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

14. Indemnification

You agree to indemnify and hold Centarc Global harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claims, actions, suits or losses arising out of or relating to (a) your breach of these Terms; (b) your violation of any laws, regulations or rights of third-parties; (c) your use of the Platform in violation of these Terms; or (d) any actions by or from someone using your account

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CENTARC GLOBAL PARTIES BE LIABLE FOR: (I) ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE PLATFORM, ANY DELAY IN OR INABILITY TO USE THE PLATFORM, ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF CENTARC GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD; OR (II) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CENTARC GLOBAL OVER THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THAT SUCH CLAIMS AROSE.

16. General Terms

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Platform will be brought solely in Lee County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms are the entire and exclusive agreement between Centarc Global and you regarding the Platform and these Terms supersede and replace any prior agreements between Centarc Global and you regarding the Platform.
The failure of Centarc Global to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Centarc Global may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Platform may indicate). If the revision is material under applicable law we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.