This agreement limits our liability. Read it carefully


Subscriber is the person using the System and receiving the Monitoring Services. Payer is the person paying the fees under this Agreement. In some instances, Subscriber and Payer will be the same person. In other instances, Subscriber and Payer will not be the same person. Subscriber and Payer each must sign the Agreement where indicated below. Subscriber and Payer each represent and warrant to Company that they have full power and authority to bind the other to the terms of this Agreement. Please carefully review the material at the bottom of this page marked “JOINT AND SEVERAL LIABILITY.” The "Equipment" refers to the personal emergency response system, personal transmitter(s) and any other accessories or devices we provide you.

1. How long this Agreement Lasts. If you purchase Equipment from us and pay for the purchased Equipment in full, the term of this Agreement is month-to-month beginning on the Effective Date and continuing for successive thirty (30) day periods. If you do not purchase Equipment from us, the initial term of this Agreement is ninety (90) days beginning on the Effective Date and continuing thereafter for successive thirty (30) day periods. We may terminate this Agreement by providing you thirty (30) days written notice of termination. In addition, we may terminate this Agreement for cause, including if you fail to pay us any amounts due following ten (10) days notice from us. The effective date of termination of this Agreement is called the “Termination Date.” We have no obligation to you as of and after the Termination Date. Your obligations under this Agreement will survive termination of this Agreement.

2. Payment. Payer and/Subscriber will pay us the amount set forth above each month until the Termination Date. You each authorize us to charge the credit card or bank account on file for all amounts due under this Agreement. Payment of the Monthly Fee is due as of the Effective Date and each of the days that is thirty days after the Effective Date until the Termination Date. We will provide you a written billing statement following your written request and your advance reimbursement of our costs for such statement. You are solely responsible for any taxes due as a result of this transaction other than our income taxes. For any late payments, we may impose a (i) continuing finance charge of one (1.5%) percent per month; and (ii) one-time five (5%) percent administrative fee. You will reimburse us our costs of collection, including our reasonable attorneys’ fees and any costs we incur in connection with our collection efforts such as bank fees, charges for declined credit cards and any costs attributable to such activity.

3. Monitoring Services. Monitoring Services means monitoring center personnel (the “Operators”) at a monitoring center authorized by us (the “Monitoring Center”) alerting the persons, entities or agencies you have identified to us in writing (the “Responders”) after the Operator receives data or other communication from the Equipment reporting conditions that require assistance (a “Care Call”). After the Monitoring Center receives a Care Call, but before alerting any Responders, an Operator may, in their sole discretion, (a) attempt to verify the need to alert Responders; and (b) based on information received by the Operator, decide not to alert Responders of a Care Call or advise Responders to disregard a Care Call. We will not be obligated to provide a Care Call if you are late in making payments due.

4. Location-Based Services. Some of the Equipment may use technology to permit third-parties, including the Monitoring Center, to determine where you are physically located at any given time (the “Location Based Services”). (Please refer to your User Guide or our website to determine if the Equipment you have uses Location Based Services.) Location Base Services may work even when you are not in communication with the Monitoring Center. The accuracy of the Location Based Services is limited, and the Company, the Operators, the Monitoring Center, the Responders or others may not be able to identify your location or the location of the Equipment precisely or at all. You authorize the Company to collect location-based information. We will only share your location-based information with the Operators, the Monitoring Center, the Responders or any other person or entity you may designate.

5. You Must Return Any Equipment We Own. Unless you purchase the Equipment from us, we own the Equipment and You must return the Equipment to us undamaged and in good operating condition immediately after the Termination Date. If (a) you do not return the Equipment as required by this paragraph or (b) the Equipment you return is damaged or not in good operating condition, you must pay us for the Equipment at Company’s then-existing published rates as the agreed upon cost of replacing the Equipment. You authorize us to charge the credit card or bank account on file for these charges. You alone bear the risk of loss if the Equipment is destroyed, damaged or not delivered to Company. Accordingly, you must, at your sole cost and expense, (a) ship the Equipment in its original packaging; (b) insure the shipment of the Equipment at the Equipment’s agreed upon replacement cost; (c) use a carrier that provides tracking information for delivery of the Equipment; and (d) comply with Company’s other reasonable requirements respecting the return of the Equipment.