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TERMS AND CONDITIONS

 

That for the considerations and covenants set forth below, ConnectAmerica.com, LLC (the "Company") and you (the "Subscriber") (each a "Party"), the Parties to this Agreement, their heirs, successors and assigns do mutually covenant and agree as follows:

 

  1. ACTIVATION FEE, MONTHLY MONITORING AND OTHER CHARGES: The Activation Fee is a one-time fee that covers system activation services. This Fee is non-refundable upon the system being shipped to the Subscriber. The Monthly Monitoring charge, plus any applicable sales tax, will begin on the day the equipment is sent. This agreement will automatically renew unless either Party gives written notice to the other Party of its intent to cancel. The Subscriber understands that there is a three-month minimum monitoring charge that is to be paid at the time of order. Once the Subscriber has received the system, if he or she wishes to cancel this agreement prior to the end of the initial three-month time period, he or she is entitled to a full refund of any unused pre-paid monitoring charges less the three-month minimum. After the initial 12 months of service, Company shall be permitted from time to time to increase the monthly charge by an amount not to exceed 10% each year and Subscriber agrees to pay such increase as invoiced, provided that if Subscriber has selected the price lock guarantee, Company shall not increase the monthly charge during the term of this agreement.  Failure to return all equipment in a satisfactory condition will result in a charge of $350. The Subscriber's account will continue to be billed at the agreed upon monthly rate until the equipment is returned in good working order. Company has the right to charge late fees if monthly monitoring fee is not paid on time. Failure to maintain payment for monthly monitoring fee will result in termination of your monitoring service.

  2. MEDICAL ALARM SYSTEMThe Company agrees to furnish to Subscriber a Medical Alarm System (the "System"), and to provide monitoring services on the terms and conditions described below. The System consists of one of the following:

    (a)     A Personal Emergency Response System unit that connects to or plugs into the Subscriber's  landline telephone system at his or her residence;  a portable push button device or wrist band device, or 

    (b)     A cellular Personal Emergency Response System base unit that plugs into a standard power outlet at the Subscriber's residence; a portable push button device or wrist band device.  Subscriber must have adequate cellular coverage in the area where the System is being used. I also understand that cellular based solutions rely on third party services from wireless carriers such as but not limited to AT&T, All-Tel, Cingular, Sprint, T-Mobile and Verizon; or 

    (c)     A cellular Mobile Alert device unit that will work either inside or outside the Subscriber's residence and that can be activated by the Subscriber to communicate a medical emergency or distress situation.  The unit contains a GPS tracking device that can be used to provide the Subscriber's location. The equipment is functional both inside and outside the Subscriber's residence. The Subscriber must have adequate AT&T cellular coverage that is used by the device in the area where the System is being used.  The equipment has GPS tracking capabilities.  The Subscriber understands that his or her physical location will be used in connection with providing the service and that authorized caregivers ("Responders")  may request the Subscriber's current location via the Company's secure web portal.  The Subscriber hereby agrees that the Company and the Central Station may provide Responders, and any other necessary third parties, as determined by the Company and the Central Station, in their reasonable discretion, with access to the Subscriber's physical location.   The Subscriber hereby releases the Company and the Central Station of all liability that may arise out of disclosure of his or her physical location to Responders and any other necessary third parties. 

    (d)     The Company’s battery powered smoke detectors, transmitters, and other detection sensors are not connected to the electrical system of the Premises.  Such detection sensors require batteries to operate.  THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE NOT MAINTAINED.  You are responsible for maintaining and replacing the batteries in these battery powered detection sensors, and you should regularly inspect such sensors for dirt and dust buildup and test them monthly to help maintain continued operation.  YOUR SMOKE DETECTORS WILL NOT SEND A SIGNAL TO THE CENTRAL STATION IF YOUR MEDICAL ALARM SYSTEM IS NOT OPERATIVE.  THE COMPANY STRONGLY RECOMMENDS THAT YOU READ THE OWNER’S MANUAL FOR ALL EQUIPMENT.  THE OWNER’S MANUAL CONTAINS PERMITTING REQUIREMENTS AND MAINTENANCE INFORMATION.  YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.  The deployment of home based smoke detectors in your community may require local permitting or registration and you should contact your local Fire Dept or Building Dept to inquire as to those requirements. It is your sole responsibility to comply with those permitting or registration requirements. 

    (e)      All Subscribers: 24/7 monitoring service ("Central Station Services") and any other optional third party service provided by the Company, or a designated third party provider shall be termed a "Central Station".  The Parties agree and understand that all equipment shall remain the personal property of the Company. Any accessories to the base system may not detect 100% of the intended activity.  Fall Button does not detect 100% of falls. If able, users should always push their help button when they need assistance. 

  3. TELEPHONE COMMUNICATION ACKOWLEDGEMENT I expressly agree and consent that MedicalAlert / ConnectAmerica and its business associates may use any telephone number that was provided by me or on my behalf, regardless of whether it is a cell phone number and/or whether I may incur a charge from my phone service provider. This telephone number may be used for health care and account communications (including debt collections), which may include automated telephone dialing and/or pre-recorded calls. I understand that my consent to this use of my telephone number is not required in order to receive health care services. This telephone communication acknowledgement applies to all past, present and future MedicalAlert / ConnectAmerica services, until revoked.

  4. AUDIO LISTEN IN AND FORCIBLE ENTRY: The System includes a two-way voice transmitter that is meant to be heard, under optimal conditions, throughout most of the Subscriber's residence. In the event that the two-way audio is not clear, or the Central Station does not hear any voice or audio response, the Subscriber authorizes the Company and Central Station to follow emergency response procedures. Pursuant to these procedures, the Company will first notify 911, unless the Subscriber has previously told the Company otherwise in writing, in which case the Central Station will contact individuals in the Subscriber-provided call list in the priority order previously indicated by the Subscriber. Subscriber authorizes the Company in its sole discretion to authorize forcible entry to gain access to Subscriber's premises in the event the System emits a signal to the Central Station and the Subscriber cannot either be heard through the unit's microphone or does not answer the telephone. The Subscriber does hereby release the Company and the Central Station from any and all liability whatsoever as a result of said forcible entry.

  5. MEDICAL OR RELATED EXPENSES: In the event the Subscriber utilizes the System by sending 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 costs and expenses incurred including, but not limited to, ambulance, physician or other medical assistance in obtaining that assistance, or whatever costs are incurred as a result of the Subscriber's use of the System.

  6. OPTION TO UPDATE VITAL MEDICAL DATA INFORMATION: At the option of the Subscriber, the Subscriber shall communicate by telephone or in writing to the Company for the purpose of verifying vital medical information to be put on file at the Central Station and updating said information, if necessary. It is the Subscriber's responsibility to update the Subscriber's vital medical information on file with the Company to be maintained at the Central Station, and to ensure the accuracy and completeness of such information. Additional medical information should be displayed on refrigerator or other accessible location

  7. AUTHORIZATION TO COMPANY: The 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 for parts and/or labor associated with adapting the Subscriber's telephone systems for use with the System. LANDLINE SYESTEM USERS: If the Subscriber shall change their telephone service to Voice Over Internet Protocol ("VOiP") or anything other than a traditional land line carrier, the Company must be notified and a test signal must be sent after conversion. The Company is not responsible for interruptions in service due to failure by any third party telephone or Internet service providers.

  8. INTERRUPTION 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 while said interruption may continue.

  9. MISUSES AND ABUSE OF SYSTEM: In the event the Subscriber violates any part of this Agreement, misuses or damages the equipment or the System, or causes an excessive number of false alarms, the Company may suspend all service and terminate this Agreement upon giving 30 days written notice to the Subscriber.

  10. NO WARRANTY  OR REPRESENTATION: THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM  MAY NOT BE COMPROMISED OR CIRCUMVENTED  OR THAT THE SYSTEM WILL PREVENT PERSONAL INJURY, LOSS OF LIFE OR PROPERTY, OR DAMAGE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH  IT IS INTENDED. THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SUBSCRIBER HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY.  THE SUBSCRIBER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE COMPANY OR  ITS AGENTS,  SERVANTS OR  EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY  UNLESS INCLUDED IN THE AGREEMENT  IN WRITING.

  11.  TESTING OF THE SYSTEM: The Parties 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 the 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 48 hours after receipt of such written notice, exclusive of weekends and holidays, within which to provide service (i.e., replace the unit, transmitter and/or battery, as required). In the event Subscriber moves the System from the location where it was originally installed, or in case any utility such as the telephone company or power supplier makes any repair or interrupts service, the Subscriber agrees to immediately notify the Company and to retest the System, as described in this Section, without delay. Subscriber agrees to TEST their system MONTHLY.

  12. RIGHT TO SUBCONTRACT CENTRAL STATION SERVICE: The Company may, in its sole discretion, subcontract for the provision of Central Station Services under this Agreement. The Subscriber acknowledges and agrees that the provisions of this Agreement inure to the benefit of, and are applicable to, any third party Central Station operator (a "Central Station Subcontractor") engaged by the Company to provide this service to the Subscriber, and the Subscriber agrees to be bound to such Central Station Subcontractor with the same force and effect as this Agreement binds the Subscriber to the Company.

  13. PROTECTION OF PERSONAL INFORMATION: The Company understands that in the process of applying for the Medical Alarm Monitoring device it will come into possession of Personal Information meaning (a) information that identifies the Subscriber or can be used to identify the Subscriber (including without limitation, the Subscriber's name, signature, address, telephone number, and other unique identifiers), or 
    (b) information that can be used to authenticate the Subscriber's identity (including without limitation, government-issued identification numbers, financial account numbers, credit card numbers debit card numbers, personal identification numbers or passwords allowing account access, or biometric or health data.

    The Company acknowledges and agrees that in the course of its engagement it will (x) keep and maintain all Personal Information in strict confidence,  using such degree of care as is appropriate to avoid unauthorized access, use or disclosure , (y) use and disclose the Subscriber's Personal Information solely and exclusively for the purposes for which it, or access to it, is provided under the terms of this Agreement , and not to use, sell, rent, transfer, distribute or otherwise disclose or make available Personal Information for the Company's own purposes or for the benefit of anyone other than the Subscriber , in each case, without the Subscriber's prior written consent , and (z) not, directly or indirectly, disclose Personal Information to any person other than (i) the Company's employees who perform services for the Subscriber  that require access to the Subscriber's Personal information ("Authorized Employees"), and (ii) any subcontractors or agents who require access to the Subscriber's Personal Information to perform the service for which they are contracted ("Authorized Third Parties"),  provided the Authorized Third Parties have acknowledged and agreed,  by entering into a written agreement with the Company, to protect, secure and hold confidential any Personal Information disclosed to them in the same manner and to the same degree as does the Company. 

    The Company also represents and warrants that its collection, access, use, storage, disposal, and disclosure of Personal Information does and will comply with all applicable federal and state privacy and data protection laws, as well as any applicable regulations and directives thereunder. The Company will notify the Subscriber of any improper use or disclosure of his or her Personal Information (a "Security Breach") as soon as practicable but no later than 48 hours after the Company becomes aware of the Security Breach. The Company shall take all reasonable steps and use its best efforts in accordance with applicable privacy rights, laws, regulations and standards to remedy any Security Breach and to prevent a further recurrence of any Security Breach. 

    With regard to any outsourcing of Personal Information, the Company is not liable to the Subscriber for the acts or omissions of the Authorized Third Parties.

  14. 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 nor guarantee such protection. Subscriber is encouraged, and agrees, whenever practical, to use all other safety and medical devices and techniques available to the Subscriber for such protection. Available devices and techniques are too numerous to list, but include at a minimum: 
    (a)      basic health precautions; and (b) adherence to physicians' directions and recommendations.

  15. SYSTEM USE/SUBSCRIBER'S DUTIES: The Subscriber understands that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, businesses, homeowner's associations, and/or other entities may affect the Subscriber's rights in relation to the installation of equipment, and services provided, under the System.

  16. PHYSICAL RESPONSE: The Subscriber is advised that certain areas of the country have inexistence 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 24 hours each day, which entity is contractually obligated to respond to the emergency within one hour or within another designated time frame.

  17. SUBSCRIBER AGREES AND  UNDERSTANDS: THAT THE COMPANY  IS NOT AN INSURER AND THAT INSURANCE COVERAGE FOR PERSONAL INJURY,  INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE  IN, ABOUT OR TO  THE PREMIES SHALL BE OBTAINED BY THE SUBSCRIBER; THAT THE COMPANY  MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY  INCLUDING WITHOUT LIMITATION, ANY  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 AMOUNTS  BEING CHARGED BY THE COMPANY ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT THE COMPANY  IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR  PRIOR TO, CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT,  EVEN IF DUE TO THE ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF THE COMPANY OR ITS AGENTS , SERVANTS,  EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR  FAILURE OF THE EQUIPMENT TO PERFORM, 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 PROGRAMMING OR  MONITORING OF ANY EQUIPMENT OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF THE 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 CLAIMS(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, WHETHER  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 $1500.00,  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.

  18. INDEMNIFICATIONSubscriber agrees to indemnify , defend, waive jury trial and hold harmless the 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 the Company by or due to any person not a Party to this Agreement,  including the Subscriber's insurance or bonding company, for any expense , 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 or 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, employees, 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.

  19. 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.

  20.  ASSIGNMENTIt is specifically agreed that the Subscriber shall not be permitted to assign this Agreement without the prior written consent of the Company, and any such assignment without such prior approval shall be deemed a breach of this Agreement.  The Company shall have the right to assign this Agreement to any other company engaged in a business similar to that of the Company, and upon such assignment, the Company shall be relieved of any obligations created therein.

  21. 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.

  22. RIGHT OF CANCELLATION: YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRTIETH BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.

  23.  GOVERNING LAW: This Agreement shall be governed by the laws of the State of Pennsylvania.

  24.  UPDATES: Company may post updates and addendums to these Terms and Conditions on its websites (www.medicalalert.com www.cellularmedicalalert.com ) and may also mail updated Terms and Conditions to the Subscriber address on file.

  25. CELLULAR BASED SOLUTIONS: I acknowledge and understand that the use of cellular based solutions for Personal Emergency Response Systems includes additional risks associated with the quality and reliability of cellular signals and service. Cellular communications are affected by a number of factors outside the control of Connect America.com, LLC and may be impaired or blocked by building construction style, building materials, atmospheric conditions (i.e. weather), distance from transmitter to receiver, surrounding terrain, battery life, signal strength, cellular network traffic, cellular tower condition and interference from other cellular devices. I also understand that cellular based solutions rely on third party services from wireless carriers such as AT&T, All-Tel, Cingular, Sprint, T-Mobile and Verizon that are not controlled by Connect America.com, LLC or its representatives. 

    I acknowledge that even if cellular solutions work well at the time of first test, activation or installation, I am responsible for monitoring signal strength, power and service quality on an on-going basis. Connect America.com, LLC is not responsible for maintaining or monitoring the networks used for communication and can only provide timely and accurate response if all equipment and networks are working correctly and providing adequate signal strength. Users of cellular based solutions should test their equipment on a regular basis to identify any deterioration of network service and signal strength. I also acknowledge and understand that there may be additional issues related to sending information from the Personal Emergency Response System to the monitoring center over cellular networks beyond what is mentioned here. I further understand that technology used for cellular communications can fail at any time and I release Connect America.com, LLC, its staff, employees, owners, shareholders, officers, contractors, representatives and vendors from any and all liability related to the transmission of emergency signals or communications over cellular networks.

  26.  GPS LOCATION TECHNOLOGY AND SERVICES: I understand that the mobile Personal Emergency Response Systems uses the Global Positioning System (GPS) to provide location data. I further acknowledge that there are risks involved in using cellular services beyond what is detailed herein. Furthermore, I release Connect America.com, LLC its staff, employees, owners, shareholders, officers, contractors, and vendors from any and all liability in regards to the transmission of an emergency signal, location information or communication over the cellular network.

  27.  LICENSE INFORMATION: FL #EF20001169; AZ #20350-0

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