The person named as Subscriber and the person named as Payer (which for purposes of these terms and conditions we collectively refer to as 'Subscriber') hereby contracts with Program, listed on the front of this Agreement, for the Snapfōn® sosPlus® Monitoring Service (the 'Service'). The obligations of Subscriber and Payer are joint and several, which means that both of you are equally and fully liable for Subscriber's obligations under this Agreement.
The Service includes receipt, analysis and response to alarm signals from qualified Snapfōn® equipment. Upon receipt of a signal, Program will make reasonable effort to promptly contact Subscriber and if Program deems necessary in its reasonable judgment, notify Police, Fire, Ambulance, or any other party designated by Subscriber on the front of this Agreement (collectively 'Responders'. Program may, in its sole discretion, elect not to notify Responders if there is reasonable cause to believe that an emergency condition does not exist. Subscriber agrees that Program may rely absolutely on the statements of Subscriber, Responders, or any person who says that they are acting on behalf of a Responder or Subscriber, with respect to the location and condition of Subscriber. Subscriber agrees that Program is not responsible for the promptness, sufficiency or adequacy of the action of any Responder or any third party acting for a Responder. Subscriber agrees that Program in no way represents or guarantees that Responders can be contacted, can or will respond, or that any response will be safe or effective. Subscriber agrees that the Responders have been designated by him or her and are not agents or other representatives of Program. Monitoring for the Service is provided through a Response Center.
This Agreement starts when Program is purchased. It remains in effect until terminated by either party. Either party may terminate this Agreement by sending the other party thirty (30) days prior written notice, or by failure of subscriber to renew service through regular monthly payment, or through rejection of payment by credit authorization services.
The Subscriber agrees that he or she will:
a. Provide and be responsible for suitable electrical and cellular telephone service to maintain a charged Snapfōn® telephone handset.
b. Select and give accurate information as to all Responders. Subscriber represents that personal Responders have agreed to act as Responders.
c. Not alter or attempt repairs to Snapfōn® telephone handset.
d. Not cause repeated or frequent inadvertent or any willful false alarms.
e. Provide Responders with access to Subscriber's home.
f. Promptly inform Program of any changes to the information provided in this Agreement. All changes are the sole responsibility of Subscriber and shall become effective at the time of delivery to Program.
g. Pay any fine resulting from a false alarm, including an Inactivity Alarm.
h. Fill out and keep updated the "sosPlus® Customer Profile Information Form" so Responders can have accurate information when trying to help Subscribers during an event.
Subscriber agrees to pay the monthly recurring Fees listed on their sales receipt. Fees are subject to change upon thirty (30) days' prior written notice to Subscriber. Payment is due upon monthly subscription anniversary. Payment can only be made via valid credit or debit card and will be charged to subscribers designated card upon each monthly anniversary. It is the subscriber's responsibility to insure that funds are present so that the charge can be successfully completed. Failure to successfully complete the charge to the subscribers designated credit or debit card will result in termination of Service. Program may terminate this Agreement for non-payment of fees and recover all payments due to Program. In the event that it shall become necessary for Program to institute legal proceedings to collect payments due under this Agreement then Subscriber agrees to pay Program's reasonable attorney's fees for such collection action except where prohibited by law.
Subscriber acknowledges that the Snapfōn® telephone handset sends its signals using 2G or 3G GSM cellular telephone signal which is wholly beyond the control of Program and IN THE EVENT TELEPHONE SERVICE IS OUT OF ORDER, DISCONNECTED, OR A CELLULAR TELEPHONE SIGNAL IS NOT AVAILABLE, THE EQUIPMENT WILL NOT OPERATE AND/OR THE SERVICE WILL NOT BE AVAILABLE. Program does not assume any liability for interruption of the Service due to strikes, riots, sabotage, terrorist activities, floods, storms, earthquakes, fires, power failure, interruption of telephone service, failure of the cellular signal, acts of God, or any other cause beyond Program's control including, without limitation, the activities of Subscriber. PROGRAM IS NOT REQUIRED TO SUPPLY THE SERVICE DURING THE CONTINUATION OF ANY INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE.
Subscriber is providing Program with certain medical information for the purpose of providing the Service. Subscriber agrees that Program, Referral Source, Responders and any other party named in this Agreement all may receive the information contained in this Agreement or otherwise provided by Subscriber to Program or concerning the Service. Subscriber further agrees that in the event that a Responder or other assistance is sent to Subscriber's home (an 'Incident') Program may notify any or all of the parties listed in this section. Further, Subscriber releases Program from all liability, which may arise out of Program's disclosure of information in this Agreement or about any Incident to the parties listed in this section. Subscriber acknowledges that all communications between Subscriber and Response Center may be recorded and Subscriber consents to such recording.
Subscriber agrees to reimburse Program for any fee assessed against Program as a result of false alarms originating from Subscriber's premises, which Program considers to be excessive.
Subscriber understands that if ANY ALARM SIGNAL is received by Program and a Responder is sent to Subscriber's home, if Subscriber cannot let Responder into the home and Responder does not have a key RESPONDER MAY HAVE TO BREAK INTO THE HOME AND CAUSE DAMAGE TO THE HOME. SUBSCRIBER WAIVES ANY CLAIM AGAINST PROGRAM OR ANY RESPONDER WHICH MAY ARISE AS A RESULT OF FORCED ENTRY INTO THE HOME. SUBSCRIBER SPECIFICALLY WAIVES ANY CLAIM FOR DAMAGE RESULTING FROM FORCED ENTRY AFTER AN INACTIVITY ALARM EVEN IF SUBSCRIBER IS SIMPLY NOT HOME.
In the event that it shall become necessary for Program to institute legal proceedings against Subscriber to enforce any provision of this Agreement, Subscriber agrees to pay Program's reasonable attorneys' fees and costs.
This Agreement may not be assigned by Subscriber except with the prior written consent of Program.
Subscriber understands and agrees that Program is not an insurer and that insurance, if any, covering personal injury or other personal claims and property loss or damage on Subscriber's premises shall be obtained by Subscriber in such amounts and covering such perils as Subscriber may determine; that Program is being paid to provide a Service and that the amounts being charged by Program are not sufficient to guarantee that no loss will occur; that Program is not assuming responsibility for any losses which may occur even if due to Program's negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury. PROGRAM MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SERVICE AND THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY TO PROGRAM, PROGRAM'S MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE SERVICE, INCLUDING THE EQUIPMENT, OR ITS USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED ONE-HALF THE ANNUAL PAYMENTS RECEIVED BY PROGRAM FROM SUBSCRIBER UNDER THIS AGREEMENT. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVICE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN NO EVENT SHALL PROGRAM BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Subscriber has read and understands all of this Agreement, and Program's maximum liability in the event of any loss, damage or injury to or death of, Subscriber. Subscriber agrees to indemnify and hold harmless Program, its employees and agents from and against all third party claims, lawsuits and losses alleged to be caused by Program's performance, negligent performance or failure to perform its obligations under this Agreement.
This Agreement shall constitute the entire Agreement between Subscriber and Program. No person installing, servicing or otherwise dealing with Equipment is or shall be authorized to act for or bind Program. This Agreement supersedes all prior representations, understandings or agreements between the parties. This Agreement may be amended by us from time to time. Notice of such amendments will be placed on Program's website.. The parties agree that this Agreement will be governed by the laws of the Tennessee.