That for the considerations 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 $350.00. If you receive this package but do not activate this system for any reason, you are still responsible for a $50 restock fee. In addition, your account will continue to be billed at $29.95/month 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 most of 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 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. ALERT 911 UNIT: If Subscriber chooses to add an Alert 911 unit, it is understood that this product calls 911 direct and subscriber must be able to give their name and location to the 911 operator. There is no GPS locator. All other Terms and Conditions below apply.
5. 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 called to activate system and 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 via our secure web portal. 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.
6. 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 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.
7. OPTION TO UPDATE MEDICAL DATA INFORMATION: 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. 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 of part and/or labor associated with adapting the Subscriber's telephone systems for use with the System. If the Subscriber should change their telephone service to Voice Over Internet Protocol (VOIP) or anything other than a traditional land line carrier, Connect America must be notified and a test signal must be sent after conversion. Connect America is not responsible for interruptions in service due to failure by any third party providers.
9. 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.
10. 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 service and terminate this agreement upon giving thirty (30) days written notice to the Subscriber.
11. 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 OR 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.
12. 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 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 forty-eight (48) hours after such written notice within which to provide service exclusive of weekends and holidays. In the event Subscriber moves the System from the location where it is originally installed, 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.
13. RIGHT TO SUBCONTRACT CENTRAL STATION SERVICE: Company may in its sole and absolute discretion, 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.
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 such protection. Subscriber is encouraged to 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 (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, 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 his household and other potential users in the proper use of the System.
16. 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.
17. SUBSCRIBER AGREES AND UNDERSTANDS: THAT COMPANY IS NOT AN INSURER AND THAT 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 COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY 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 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 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 COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR TO 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 THE 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, 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 $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.
18. Subscriber agrees to indemnify, defend, waive jury trial and hold harmless Company from and against all claims, demands, liabilities, damages, losses, expenses, including attorneys 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 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 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, 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. ASSIGNMENT: It 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 engages in the business similar to that of the Company and upon such assignment 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 SEVENTH BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
23. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Pennsylvania IN WITNESS WHEREOF, the parties have signed this agreement as of the date on reverse.