Terms & Conditions
SENIOR SAFETY (GET HELP NOW OR “GHN”) WILL MONITOR A PERSONAL EMERGENCY RESPONSE SYSTEM, WHICH MAY BE (I) A STANDARD IN-HOME SYSTEM, (II) AN IN- HOME 3G CELLULAR SYSTEM, (III) A GPS MOBILE SYSTEM, (IV) AN IN-HOME SYSTEM WITH FALL ALERT (“FALL ALERT SYSTEM”), OR (V) AN IN-HOME AND GPS MOBILE BUNDLE (“BUNDLE”) (EACH, “SYSTEM”) SUPPLIED TO CLIENT (“YOU”) BY GHN AND TO BE USED BY USER IN ACCORDANCE WITH THIS AGREEMENT AT A MONITORING FACILITY SELECTED BY GHN (“CENTER”). THE SYSTEM WILL REMAIN AT ALL TIMES THE SOLE AND EXCLUSIVE PROPERTY OF GHN AND IS NOT SOLD HEREBY. YOU ARE RESPONSIBLE FOR CONNECTING, ACTIVATING, AND (IN THE CASE OF A GPS MOBILE SYSTEM) CHARGING THE SYSTEM IN ACCORDANCE WITH THE INSTRUCTIONS THAT ARE INCLUDED WITH THE SYSTEM. YOU ARE ALSO RESPONSIBLE FOR RETURNING THE SYSTEM TO GHN AT THE END OF THE TERM AS SET FORTH IN THIS AGREEMENT.
If your service is terminated prior to the expiration of the pre-paid quarter or year, as the case may be, we will refund to you the difference between the quarterly or annual fee you paid and the applicable Standard Monthly Rate for any months the System was in use; we will not pro-rate monthly fees and will not refund any portion of one-time activation charges (if they exist). The first payment is due upon ordering the System and will include monitoring fees for the initial period under your selected plan (that is, monthly, quarterly or annual). Your monitoring fee will not be increased by GHN except as set forth in Section 7.
Term and Termination
The initial term of the Agreement will commence on the earliest of the date of the Agreement or activation of the System and will continue for the period of your selected plan (that is, a year, a quarter or a month). Thereafter, the Agreement will be renewed for subsequent terms equal to the initial term until either party at any time notifies the other in writing to terminate this Agreement upon a 30-day written notice (unless prohibited by applicable law, in which case this Agreement is automatically renewable month-to-month). Additional termination events are set forth in Section 8 below.
Changes of System or Plan
You may request from time to time that we change your System indicated above and substitute with a different System or Bundle, or that we change your payment plan. If your request is granted, your account information will be adjusted and your written request therefor or a written confirmation from us will amend this Agreement to provide for the new plan and/or System. You acknowledge and agree that this Agreement, as so amended from time to time, shall be and remain in effect will respect to all and any Systems and related services that we may provide to you and/or the user now or in the future. We may charge your account a $25 upgrade fee for any System changes, which includes shipment, handling and processing charges. We will also include a return label in the shipment with your new System that you can use to return your existing System. You must return the existing System promptly as set forth under “Return of System” below. To the extent the change of the System changes your period payments under your selected plan, we will prorate the charges for the current period and make an adjustment to your billing. If your new periodic fee is less than your initial periodic fee, there will be a credit on the account. If your new periodic fee is more than your initial periodic fee, the difference will be due and payable immediately and may be charged simultaneously with the $25 upgrade fee.
1. SERVICE LIMITATIONS:
In consideration for the provision of the System and service, you acknowledge and agree that we do not represent or warrant that the System or service will prevent death, bodily or personal injury or damage to you, User or others who may use the System. We make no representation of warranty as to the promptness of the Center’s response, and we have no control over the response time or capability of any agency or person who may be notified as a result of the System being used. You further understand, that the System or service may fail to function properly. You agree that if we were to have any liability greater than that agreed to by you pursuant to Section 10 of this Agreement, we could not and would not provide the System and service. You acknowledge that you should obtain any life, medical or disability insurance for the protection of yourself, and others who may use the System. You understand that there are alternatives available to you such as 911 emergency telephone service and you have selected this service with a full understanding of its limitations and the limitation of our liability. You understand that this is not a security System or a fire warning System and the police or fire department (other than paramedics if they are the appropriate response agency) will not be notified in the event a signal is received. YOU UNDERSTAND THAT THE CENTER WILL NOT SEND ANY CENTER OR GHN PERSONNEL TO THE PREMISES WHERE THE SYSTEM IS LOCATED IN RESPONSE TO ANY EMERGENCY SIGNAL. WE DO NOT PROVIDE MEDICAL SERVICES. Additional System and signal transmission limitations are described in Section 3, and you acknowledge that you have read and understood them, as well as Section 1, 10, 11 and other terms of this Agreement.
2. OUR LIMITED LIABILITY AND OBLIGATIONS:
Sections 1, 10, and 11 of this Agreement limit our liability to $1500.00, if you, User or anyone else suffers any harm (damage or loss of property, personal injury, or death) because the System failed to operate properly or we were negligent or acted improperly. All terms and conditions set forth on all pages of this Agreement and response monitoring information form are part of our Agreement with you – read them before you sign. Client represents and warrants that the person designated as “User” above, will be the User of the System and Services and it has not been obtained to be used by anyone else. Client must sign this Agreement, complete the related paperwork and return it to us in order to activate the System and commence service. Client understands and agrees that GHN’s duties and obligations to provide the System and Services arise solely and exclusively out of this Agreement and not otherwise. Client further acknowledges that Client has agreed to indemnify GHN and hold GHN harmless against any claims that may be asserted by User or anyone else pursuant to Section 11 of this Agreement.
3. MONITORING SERVICE:
Monitoring is provided by an independently owned and operated monitoring facility (the “Center”) selected by GHN. Upon receipt of a medical response alarm, the Center will make every reasonable effort to notify the persons and /or entities set forth on the RIF which is the Center’s only obligation. To avoid false alarms, the Center will use the two-way voice feature of the System, or call your home, to determine if an actual emergency exists before calling anyone. If the Center has reason to believe that no actual emergency exists, it may choose not to place such calls. You acknowledge and agree that GHN and the Center are obligated to comply with the response and notification requirements imposed by the responding agencies, and we may discontinue or modify any particular response service by giving you written notice if required to do so by any government agency or our liability insurance provider. We will pay all monitoring fees to the Center. You appoint us as your agent to communicate with the Center and we are authorized to change or modify the services provided by the Center and advise the Center of changes to the services and your RIF.
4. TRANSMISSION LINES:
FOR STANDARD IN-HOME AND BUNDLE SYSTEMS: The System includes a communicator that sends signals to the Center over your regular home telephone service. IT WILL NOT FUNCTION WITH A CELLULAR PHONE. You will pay for all telephone charges including any installation fee for a special jack to connect the System to your telephone service. We recommend the use of an RJ31X or equivalent telephone jack to give the System priority over other telephones in your premises, HOWEVER, WHEN THE SYSTEM IS ACTIVATED, YOU WILL BE UNABLE TO USE YOUR TELEPHONE TO MAKE OTHER CALLS (SUCH AS CALLS TO THE 911 EMERGENCY OPERATOR), AND THEREFORE, YOU MAY WISH TO HAVE THE SYSTEM CONNECTED TO A SECOND TELEPHONE LINE. If the telephone line used for the System is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the Center and we will not know of the telephone service problem. The use of splitters, DSL, VoIP, BPL or other broadband telephone service may at the time of installation or at anytime in the future prevent the System from transmitting alarm signals to the Center and/or interfere with the telephone line-seizure feature of the System. DSL service should be installed on a telephone number that is not used for alarm signal transmission, and if installed on the telephone number used for the System, an appropriate DSL filter must be installed on the telephone line. You agree to notify us if you have installed or intend to install or use DSL, VoIP, BPL or other broadband service. IMMEDIATELY AFTER THE INSTALLATION OF DSL OR OTHER BROAD BAND SERVICE YOU MUST TEST YOUR SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTER. FOR CELLULAR IN-HOME SYSTEMS: You acknowledge that cellular service may be impaired by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control, and we make no representations or warranties as to how fast a signal will be received at the Center, because signal transmission speed may be adversely affected by causes beyond our control. You understand that the use of cellular service may be controlled by local state agencies and the Federal Communications Commission and changes in rules, regulations and policies may necessitate our discontinuing such transmission facilities at our option, in which event we will substitute another service. You acknowledge that signals are transmitted over communications facilities provided by independent carriers or providers, which are wholly beyond our control and is maintained and serviced, solely by the applicable carrier or provider. You further understand that transmission facilities currently available and used may not be available in the future (e.g. the discontinuance of common landline telephone service or of existing cellular service), and in such event you agree that in order to provide monitoring service, we may be required to replace or modify your existing transmission facilities and/or System. In such event, you agree to pay our standard rates and charges for the installation and use of such facilities.
FOR ALL IN-HOME SYSTEMS (I.E., OTHER THAN GPS MOBILE SYSTEMS) – RANGE LIMITATIONS: Each System has a limited range of reception that is not designed to extend beyond the user’s home or property. Generally, In-Home Standard and Cellular Systems have a range of up to 1,000 feet from the System. However, the construction of your home and other factors may reduce these range limits for your particular System. If the button of the System is taken outside the range of the System, the System will not work, as the signal would not be able to be transmitted to the System and be received by the Center. You understand these range limitations and agree to test the System as necessary to determine your particular System range.
FOR MOBILE GPS MONITORING: The Mobile GPS System is designed to receive an emergency signal transmitted by the User from a location within the United States using GPS technology. When a signal is received, the Center will attempt to locate your location and use the audio feature of the System and attempt to ascertain the nature of your situation. If the User is contacted using the audio feature, the Center will notify persons on your contact list or emergency personnel based upon the verbal information provided or take such other reasonable actions as may be appropriate given your circumstances. If no verbal communications can be established, then based upon the information and your instructions provided in the RIF, the Center will attempt to respond to your situation and notify the first available contact on your RIF. The System and services are supported by a cellular network, GPS satellites and over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches, and by other cellular network carrier utilities, satellite companies, communication companies, internet service providers and other third parties, all of which are beyond our control. Internet and cellular transmissions may be impaired by atmospheric conditions, including electrical storms, power failures, or other conditions and events beyond our control, and we make no representations or warranties as to how fast a signal will be received at the Center, because signal transmission speed may be adversely affected by Internet traffic or other causes beyond our control. In addition, you shall not be entitled to receive any service fee credits or refunds for services outages or interruptions beyond our sole and exclusive control. You accept all risk arising out of or relating to the delay, failure, interruption, or corruption of the signal transmission.
FOR FALL ALERT SYSTEMS: Your Fall Alert System will include a Fall Alert button and a standard button. You understand and agree that: (1) Fall Alert button is designed to detect falls based on User’s movement, momentum and angle and therefore cannot detect every fall (for instance, if User is gradually or slowly sliding down and/or without changing angle, especially from a sitting position, such as a wheel chair); and (2) the standard button will not detect falls. Because the Fall Alert System does not detect all falls, the user should always try to push the button if User needs help. You also understand that the Fall Alert System is an in-home (that is, stationary) system and will not detect falls outside the user’s home even if Fall Alert System is bundled with GPS Mobile System – and GPS Mobile System will not detect falls even if bundled with a Fall Alert System. Additionally, disclosures applicable to other transmission lines above apply to the Fall Alert System.
5. FALSE ALARMS:
You agree that you, User, family members or others using the System, will use it carefully so as to avoid causing false alarms. If we receive too many false alarms we may terminate this Agreement. If a false alarm fine or penalty is charged to you or us by any governmental agency, you will pay the agency or us for the charge.
6. CLIENT’S DUTIES AND EXPENSES:
You will instruct User, family members and others who may use the System on its proper use. You will test the System in accordance with our instructions, and send test signals to the Center in accordance with our instructions. If the Center does not respond to the test signal, you should call the Center and confirm the status of the test. If a problem in the System occurs you will notify us immediately. You will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will give us a completed RIF that contains accurate and complete information and you will advise us promptly, in writing, of any changes to the information provided on the form, including changes in responders, telephone numbers, and medical information. In the event a signal is received from the PERS, Client and User authorize GHN or the Center to notify fire, paramedics and other appropriate emergency personnel to enter the premises, with force, if necessary and/or to provide medical assistance. Subscriber is solely responsible for, and hereby releases GHN and the Center from, any and all expenses, damages and liability incurred as a result of such forcible entry and/or medical services.
7. INCREASE IN TAXES OR FEES:
You acknowledge that the monitoring fee is based upon existing federal, state, and local taxes. We shall have the right, at any time, to increase the monitoring fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or government agency relating to the use or operation of the System or the monitoring service and you agree to pay the same.
8. SUSPENSION OR CANCELLATION OF THIS AGREEMENT; DELINQUENCY CHARGE:
You understand that we may stop or suspend monitoring and repair service, and/or terminate this Agreement, if: (a) Strikes, severe weather, earthquakes or other such events beyond our control affect the operation of the Center or so severely damage your home that continuing service would be impractical. (b) There is an interruption or unavailability of the telephone service or cellular service between the System and the Center. (c) You do not pay the monthly fee due to us, after we have given you (10) days notice that we are canceling service because of non-payment, and we may charge a reconnection fee if service is suspended for non-payment. (d) We are unable to provide service because of some action or ruling by any governmental or insurance authority. (e) We reasonably believe that, in light of new developments or events, further provision of services to you or the User under this Agreement may expose us to additional liability, damages or expenses. (f) You become a debtor in a bankruptcy proceeding. We may impose and you will pay a late payment charge at the maximum amount permitted by California law, on all payments that are more than (10) days past due. If service is cancelled, you will permit us to remotely disconnect the System from our monitoring equipment and you will return the System. YOU UNDERSTAND THAT THE SYSTEM WILL NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.
9. ASSIGNEES AND SUBCONTRACTORS:
We may transfer or assign this Agreement to any other person or entity. Upon any such assignment and the assumption of our obligations by the assignee, we will be relieved of any further obligations under this Agreement. You may not transfer this Agreement to someone else (including someone who purchases or rents the premises where the System is located) unless we approve the transfer in writing. We may use subcontractors, including the Center to provide repair and monitoring services, and this Agreement, and particularly Sections 1, 10, and 11 shall apply to the work and services they perform and protect them in the same manner as it applies to and protects us.
10. GHN IS NOT AN INSURER; LIMITATION OF LIABILITY:
You understand: (a) we are not an insurer of you, the personal safety of the User or persons in your home or your property or the home or property of the User; (b) you should provide any insurance on yourself, the User and others who may use the System; (c) the amount you pay to us is based only on the value of the System and services we provide; (d) the System and our monitoring service may not always operate properly for various reasons; (e) it is difficult to determine, in advance, how fast the paramedics, rescue personnel, persons you have designated, or others will respond to an alarm signal; (f) the System, service and transmission lines are limited as set forth in Sections 1 and 4 herein; (g) it is difficult to determine, in advance, what portion, if any, of any property loss, personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the System. THEREFORE YOU AGREE, THAT EVEN IF A COURT OR OTHER TRIBUNAL DECIDES THAT OUR BREACH OF THIS AGREEMENT, OR A FAILURE OF THE SYSTEM, MONITORING OR REPAIR SERVICE, OR OUR NEGLIGENCE CAUSED OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU, THE USER OR ANYONE IN YOUR HOME, OUR LIABILITY SHALL BE LIMITED TO $1,500.00, AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS AVAILABLE TO DETERMINE THAT GHN WAS LIABLE FOR THE INJURY, DAMAGE OR LOSS. CLIENT MAY OBTAIN A HIGHER LIMITATION OF LIABILITY. If you wish, you may obtain a higher limitation of our liability for an additional periodic fee. If you want this option, you must call our office for a fee quotation. If you elect this option, we will attach a rider to this Agreement, which will set forth the amount of the higher limitation of liability and the amount of the additional charge. Agreeing to the limitation of liability does not mean that GHN is an insurer of Client, Client’s property, User or User’s property, or third parties or their property.
11. THIRD PARTY INDEMNIFICATION:
If anyone other than you (including User or anyone else that uses the System) asks or demands GHN to pay for any harm or damages (including personal injury or death) connected with or resulting from (a) our breach of this Agreement, or (b) a failure of the System or services; (c) our negligence; (d) any other improper or careless activity of GHN in providing the System or services or (e) a claim for indemnification or contribution, you will pay to GHN any amount which a court orders us to pay or which we reasonably agree to pay, and the amount of our reasonable attorney’s fees and any other loss or costs that we may pay or incur in connection with the harm or damages.
12. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL; REFERENCE; BINDING ARBITRATION:
To the extent permitted by law both GHN and Client agree that no law suit or any other legal proceeding connected with this Agreement shall be brought or filed more than one year after the incident giving rise to the claim occurred. In addition, if the premises where the System is located is not in California, any legal proceeding not brought in California shall not be heard before a jury, and TO THE EXTENT PERMITTED BY LAW EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. Any controversy, dispute, or claim between the partiesb arising out of or relating to this Agreement brought in California will be settled by a reference proceeding in the California county where the System is located, in accordance with the provisions of Section 638, et seq. of the California Code of Civil Procedure, or their successor section, which shall constitute the exclusive remedy for the resolution of any controversy, dispute, or claim concerning this Agreement, including whether such controversy, dispute, or claim is subject to the reference proceeding. The referee shall be appointed to sit as a temporary Judge with all of the powers of a temporary Judge authorized by law. In the event that the enabling Legislation, which provides for the appointment of a referee is repealed and no successor statute is enacted, any dispute between the parties that would otherwise be determined by a reference procedure herein, will be resolved and determined by binding arbitration. That arbitration will be conducted by a retired Judge of the Superior Court in accordance with Section 1280 to 1294.2 of the California Code of Civil Procedure, as amended from time to time. Any controversy, dispute, or claim between the parties arising out of or relating to this Agreement brought in Georgia or North Carolina shall be resolved only by binding arbitration. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this Agreement. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. In any arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration. Notwithstanding the foregoing, either party may assert an individual action in small claims court in lieu of arbitration.
13. SYSTEM REPAIRS:
So long as the System is being monitored by GHN, we will repair or replace the System without charge to you. Many service problems can be corrected by telephone. If you believe the System is not working call our service department at the telephone number shown above. Our service department hours are 9:00 AM to 5:00 PM, Pacific Time, Monday through Friday, excluding holidays we observe. If the problem can’t be corrected and the System still needs repair, we will send you a replacement unit. We may use new or used parts at our discretion. Repair or replacement of the System at our service facility is our only duty. Free repair service does not cover repairs that are needed because of an accident, mis-use of the System, acts of God, your or the User’s failure to properly use the System, if someone other than us attempts to repair or change the System or for any other reason except a defect in the System; and if we fix the System for such a reason you will pay us for all parts and labor at our then prevailing service rates. We may request payment in advance before repairing the System.
14. INFORMATION AND PRIVACY; AUDIO CONSENT
You understand and agree that in conjunction with employee training, quality control and the provision of services, we or the Center may monitor and/or electronically record audio related to monitored activity, as well as conversations with you, User, emergency services providers, your designated contact persons and law enforcement personnel. Further, you understand that privacy cannot be guaranteed on telephone, cable and computer systems, and we shall not be liable to you for any claims, loss, damages or costs which may result from a lack of privacy experienced. You consent to us (i) using information about you and User (collectively, “information”) to administer services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, (ii) provide information, including information contained on your emergency information form to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) using and sharing aggregate Subscriber information and statistics that do not include information that identifies you or User personally. You are solely responsible for, to the extent required by law, informing User and persons on your emergency information form that they may be monitored by audio and, to the extent required by law, obtain consent from all such persons to permit the recording, storing, and reviewing of oral communications.