Terms and Termination
Personal emergency response systems are units that are plugged into telephone jacks or can also be cellular. The System is loaned to you, the subscriber, or it can be an application that is downloaded by you to your smartphone, or you may have purchased through a retail or online store and is intended to be used only for medical or other similar personal emergencies. Depending on your system and accessories, the subscriber of the system can send an alarm signal if they need help or assistance by pressing the emergency button on the system, smart watch or smartphone application, or by triggering a help button, assuming the subscriber is within range of the system and inside the cellular network.
The System does not provide protection against fire or intruders. Company relies on the information you provide about your location and your personal emergency contacts.
During the term of this Agreement, Company will provide monitoring and notification services three hundred sixty five (365) days per year, (24) hours per day. These services include the receipt, analysis and response to alarm signals and calls made through the System, and, if applicable, notification and location services through Company’s server (collectively, the “Services”). In the event a signal is received from the System, every reasonable effort will be made to promptly contact you to determine whether it is necessary to contact a Responder. In the event a Responder is sent to your home and cannot enter through the door, you assume all risk of personal injury or loss or damage to your premises or the contents thereof. While you are subscribed to our Services, you agree to have given your prior express written consent and authorization to be contacted by or on behalf of the Company on your System, cellular and/or other phone numbers you provided to Company, including by autodialed, pre-recorded and/ or artificial voice calls and SMS/Texts even if you are on the federal, any state and/or Company Do-Not-Call list and for all other purposes. This authorization extends to those you’ve requested we contact in the event of an emergency.
You will be charged the amount specified by Company at the time you ordered the System, beginning on the date the System is shipped to you unless your account is being provided to you as a benefit by a third party. You agree to permit Company to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network including new expiration dates. If you purchased the system through a retail or online store, you will be charged the amount specified by Company at the time you activate your System. Payment will be due each billing cycle (monthly or annually) unless and until this Agreement is terminated. You agree to pay all sales, service, property, use and local taxes, and any additional fees or charges arising under this Agreement. Balances that are over thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable by law. In the event that it becomes necessary for Company to undertake legal proceedings to collect payments due under this Agreement, you agree to reimburse all reasonable attorneys’ fees associated with such collection action, except where prohibited by law. Company shall have the right, at any time, to increase any fees.
Fee For Response To Call
If any governmental agency, entity or authority for your location imposes a fee or tax of any kind for responding to any calls, whether necessary or false alarm, you are responsible for the fees and/or taxes imposed. If the Company is assessed a fee and/or tax for calling the appropriate agency, authority or entity on your behalf, after the Company receives a signal from your System, you agree to reimburse the Company for any such fee and/or tax, and to have the amount charged to you by the Company on your current payment method on file.
This “Term and Condition of Use” shall begin upon use of the System and will continue unless and until terminated as provided below. Company, in its sole discretion, may suspend the Services or terminate this Service. If Company reactivates the Services, you shall pay, in advance, Company’s then prevailing reconnection fee. You may terminate this Service at any time by calling Company and notifying the Company of your request. The Service will not be terminated until the complete System has been returned to Company unless you purchased the equipment in a retail or online store or you are using the smart watch or smartphone application. Returning the equipment to Company is at your expense. When requested by you at time of termination, if you have a remaining balance of $15.00 or more, you will receive a prorated refund, based on the non-discounted rate, after we receive your complete System. The proration calculation is based on the number of full service months remaining. Processing fees and shipping charges are nonrefundable after your first 30 days of service. If you are mailing the System back to the Company, please call to get the “Return” address. If the complete System is not returned, you will continue to be charged the service fee. If you fail to pay the service fee and do not return the equipment, you shall pay Company up to Six Hundred Fifty Dollars ($650.00) for the System, plus any unpaid service fees. If you have a smartphone application and want to cancel your service, you must call the Company. Deleting the application from your smartphone does not constitute a cancellation of service.
You are responsible for: (i) installing or downloading the application and testing the System in accordance with any applicable instructions, including performing a range test, GPS lock test, and a signal test, and testing the System on a monthly basis; and (ii) ensuring suitable electrical service for installation and operation of the System, including any registrations, or fees that result from your failure to register as a user of EMS services in your jurisdiction (if registration or pay-per-use is applicable to your location) or use of the system, permits or licenses that may be required. You may not alter, modify or attempt repairs on the System, or move the System to a new address, except pursuant to instructions from Company or authorized service representative. You must immediately notify Company in the event your contact information, or that of a personal emergency contact, changes.
To avoid false alarms, Company may first determine whether an actual emergency exists before it contacts any Responder. Company understands that false alarms can occur. However, in the event Company determines there have been too many false alarms, Company may suspend or cancel the Services. You are responsible for any fines penalties or other fees arising from a false alarm.
The System may include, depending on the plan selected, a wired base station, a cellular base station, mobile device, cradle charger, pendant, automatic fall detect pendant, Wall Button, Smart Watch and Vital peripherals (blood pressure, monitor, weight scale, pulse oximeter and/or glucose monitor). If you are using the smartphone application, the System may include the application and a smartphone you own. You are responsible for ensuring that your home telephone service, Smart Watch and/or smartphone is in good working order. The Company, in its sole discretion, may repair or replace the leased System if it becomes damaged or is defective, unless the System has previously been disassembled, repaired or modified by someone other than us or our authorized service representative or the System has been damaged as a result of the negligence or misconduct by any person other than us or our authorized service representative. If the System becomes damaged as a result of above, you shall pay us the replacement price of up to Six Hundred Fifty Dollars ($650.00) for the System. The System and all monitoring software, computer codes and monitoring information remain Company’s sole and exclusive property. All equipment should be tested on a monthly basis to confirm it is properly working. Subscriber acknowledges that the automatic fall detect pendant does not detect one-hundred percent (100%) of falls. If able, users should always push their help button when they need assistance. Automatic fall detect pendant is not intended to replace a caregiver for users dealing with serious health issues.
LIMITATIONS OF THE SYSTEM AND THE SERVICES
Company is not responsible for the promptness, sufficiency or adequacy of the action of any Responder. Company will not send any of its personnel to your location in response to an emergency signal. Neither the System nor the Services can prevent death, bodily or personal injury, or any other harm or damage to you or others who use them. Depending on the plan selected, the System and the Services rely on the availability of your home telephone service, cellular network coverage, and the availability of global positioning system (“GPS”) data to operate properly. These systems are provided by a third party and cannot be controlled by Company. There is always a chance that the System may fail to operate properly. The 911 emergency services line is an alternative to the System and the Services.
WARRANTY; DISCLAIMER; LIMITATION OF LIABILITY
Company makes no guarantees or warranties of any kind relating to the System or the Services and expressly disclaims all warranties whether express or implied, written or oral, with respect to the System or the Services, including without limitation any warranty of merchantability or fitness for a particular purpose. If, notwithstanding any other provision of this Agreement, there should arise any liability with regard to the System, Services or third party accessories and/or services, whether based upon warranty, contract, tort, or otherwise, including any liability alleged to arise from the negligence or intentional actions of the Company, the Company’s maximum liability for any claim and for all damages of any kind related to any claim whether before, during or after the event giving rise to the claim or damages, shall not exceed One Thousand Dollars ($1,000.00) under this Agreement. Claims for liability must be made on or before the first anniversary of the event allegedly giving rise to the liability. Claims or actions brought more than one (1) year after the date of the event giving rise to the alleged liability are barred by agreement between the Company and the Subscriber regardless of any Statute of Limitations and are waived forever. Since it is impractical and extremely difficult to fix actual damages which may arise due to a failure of the System or the Services, this sum shall be complete and exclusive and shall be paid and received as liquidated damages and not as a penalty. In no event shall Company be liable for punitive, special, incidental, or consequential damages.