TERMS AND CONDITIONS
That for the consideration and covenants hereinafter specified, the parties hereto, their heirs, successors and assigns do mutually covenant and agrees as follows:
1. The Company agrees to furnish and preprogram to Subscriber a Medical Alarm System (the “System”) hereinafter defined, and to monitor same on the terms and conditions herein provided. The parties hereto agree and understand that all equipment shall remain the personal property of the Company.
2. The monthly monitoring charge will begin the date the System is received by Subscriber. This contract will automatically renew unless either party gives written notice of its intent to cancel. I understand there is a three-month minimum for service and if I cancel afterwards, I am entitled to a full refund for any unused prepaid monitoring. Failure to return all equipment in satisfactory condition will result in a charge of $495.00. If you receive this package but do not activate this System for any reason, you are still responsible for a $50.00 restock fee. In addition, your account will continue to be billed in the amount of $39.95 monthly until our unit is returned in good working order.
3. AUDIO LISTEN IN AND FORCIBLE ENTRY: The System includes two-way voice and is meant to be heard under optimal conditions throughout the house. In the event that the two-way audio is not clear, or the central station does not hear audio, Subscriber authorizes Company and central station to follow emergency response procedures. Company will notify 911 first, unless otherwise told in writing. Subscriber authorizes the Company in its sole discretion to authorize forcible entry to gain access to Subscriber ’s premises in the event of the System emits a signal to the Central Station and the Subscriber cannot be heard through the unit’s microphone nor does the Subscriber answer the telephone. Subscriber does hereby release the Company and Central Station from any and all liability whatsoever as a result of said forcible entry.
4. PHYSICAL RESPONSE: The Subscriber is advised that certain areas of the country have in existence requirements that when an alarm monitoring service reports a medical alarm to a responding agency, that it must also report such alarm to an entity available twenty-four hours each day which is contractually obligated to respond to the emergency within one hour or within another designated time.
5. MEDICAL OR RELATED EXPENSES: In the event the Subscriber utilizes the System by giving the Central Station a signal, the Subscriber does hereby authorize the Company to seek to notify or obtain assistance. The Subscriber shall be obligated for and agrees to pay any and all costs and expenses incurred including, but not limited to, ambulance, physician or other medical assistance in obtaining assistance or cost whatsoever incurred as a result of the Subscriber ’s use of the System.
6. SELF-PROTECTION/SUBSCRIBER ’S DUTIES: The Subscriber understands that the System is used to help the Subscriber protect his or her person. It does not assure such protection. Subscriber is encouraged and agrees whenever practical to use all other safety and medical devices and technique available to the Subscriber for such protection. Available devices and techniques are too numerous to list, but include (a) basic health precautions; and (b) adherence to physician’ directions and recommendations.
7. OPTION TO UPDATE MEDICAL DATA INFORMAITON: At the option of the Subscriber, the subscriber shall communicate by telephone or in writing with the Central Station for the purpose of verifying medical data information on file at the Central Station and updating said information, if necessary.
8. PERSONAL DISCLOSURE AUTHORIZATION: Any personal information provided by Subscriber to Company may be disclosed by Company to any personal emergency response personnel or medical personnel requesting same.
9. RIGHT TO SUBCONTRACT CENTRAL STATION SERVICE: Company in its sole absolute discretion, may subcontract for the provision of Central Station Services under this agreement. You acknowledge and agree that the provisions of this agreement inure to the benefit of and are applicable to any third party Central station engaged by the Company to provide this service set forth herein to you, and bind you to such Central Station subcontractor with the same force and effect as they bind you to Company.
10. SUBSCRIBER ’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to supply 24 hour 110 volt circuits as required to power the system, and the appropriate telephone service or any other equipment that may be deemed necessary by the company. The company shall not be responsible for any costs of part and or labor, associated with adapting the subscriber’s telephone system for use with the System. If the subscriber shall change their telephone service TO VOICE OVER INTERNET PROTOCAL (VOIP) or anything other than a traditional land line carrier company and central station must be notified and a test signal must be sent after conversation. Company is not responsible for interruptions in service due to failure by any third party providers.
11. INTERRUPTIONS IN SERVICE: The Company assumes no liability for delays in equipment installation, interruption of services due to strikes, riots, floods, fires, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of the Company, and will not be required to supply service which said interruption may continue.
12. MOBILE ALERT SYSTEM: If you have our Mobile Alert System, monitoring service will not begin and Company and the Central Station will have no obligation to notify emergency
personnel or other persons identified as emergency contacts until (1) Company has received your emergency contact information and (2) you have sent a test signal from the system which was successfully received by the Central Station. Please note you must have adequate AT&T cellular coverage in the area where system is being used. You are responsible for testing your mobile device everywhere you go. Subscriber also understands that their physical location will be used in connection with providing the service and that authorized caregivers may request your current location from time to time. You hereby agree that the Company and the Central Station may provide the Responders and any other necessary third parties, as determined by us and the Central Station in our reasonable discretion, with access to your physical location. You hereby release the Company and the Central Station of all liability which may arise out of disclosure of such information to Responders and any other necessary third parties.
13. MISUSES AND ABUSE OF SYSTEM: In the event the Subscriber violates any part of this agreement, misuses or damages the System or causes an excessive number of false alarms, the Company may suspend all services and terminate this agreement upon giving thirty (30) days written notice to the Subscriber.
14. TESTING OF THE SYSTEM: The parties hereto agree that the equipment is in the exclusive possession and control of the Subscriber, and that it is the Subscriber’s sole responsibility to test the operation of the equipment and to notify Company in writing, if any equipment is in need of repair or service. The Company shall not be required to service the equipment unless it has received such written notice from the Subscriber. The Subscriber further acknowledges that the system may be dependent upon the proper functioning of a battery. If the battery needs service, the Subscriber must notify the company in writing. The Company shall have a period of forty-eight (48) hours after such written notice within which to provide service exclusive of weekend and holidays. In the event Subscriber moves the system from the location where it was originally set up, or in case any utility such as the telephone company or power supplier make any repair or interrupts service, Subscriber agrees to immediately notify the Company and to retest the system, as herein above provided, without delay.
15. SYSTEM USE/SUBSCRIBER ’S DUTIES: The Subscriber understands that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, business, homeowners associations, and/or other entities may affect the Subscriber’s rights in relation to the installation and service of the system. The Subscriber agrees to obtain and maintain in current status all licenses or permits or other authorizations necessary for the installation and use of the System. The Subscriber shall carefully use the System and instruct all members of the household and other potential users in the proper use of the System.
16. SUBSCRIBER AGREES AND UNDERSTANDS THAT COMPANY IS NOT AN INSURER AND THAT THE INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES SHALL BE OBTAINED BY THE SUBSCRIBER; THAT THE COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, AND IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE; THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, AND IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE; THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE AMOUNT BEING CHARGED BY COMPANY ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE EQUIPMENT, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SYSTEM OR ANY CENTRAL STATION; THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF THE COMPANY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, OR RESULTS FROM THE REMOTE PROGRAMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF SYSTEM, EQUIPMENT OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY AND/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR DISTRIBUTION OR INDEMNIFICATION WHERE IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250.00, AND THIS LIABILITY SHALL BE EXCLUSIVE IN THE EVENT THAT THE SUBSCRIBER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUBSCRIBER MAY, AS A MATTER OR RIGHT, OBTAIN FROM COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY AS AN INSURER.
17. Subscriber agrees to indemnify, defend and hold harmless Company from and against all claims, demands, liabilities, damages, losses, expenses, including attorney’s fees and lawsuits which may be asserted against or incurred by Company by or due to any personal not a party to this Agreement, including Subscriber’s insurance or bonding company for any expenses, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording of communications, operation or non-operation, of the equipment, System or central station facilities, whether due to the sole, joint or several negligence (including gross negligence) of Company or its agents, servants, employee, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
18. FULL AGREEMENT: This agreement constitutes the full understanding by and between the parties hereto, and may not be amended or modified, except in writing signed by both parties. This agreement shall not be binding upon the Company unless signed by an authorized officer.
19. ASSIGNMENT: It is specifically agreed that the Subscriber shall not be permitted to assign this agreement
20. INVALID PROVISIONS: In the event that any of the terms or provisions of this agreement shall be invalid or inoperative, all of the other terms thereof shall remain in full force and effect.
21. Upon accepting delivery of the System, Subscriber agrees to the terms and conditions of this Agreement.
22. RIGHT OF CANCELLATION: YOU, the subscriber may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction.
23. GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York WITNESS WHEROF; the parties have signed this agreement of the date on the previous page.