These are the terms and conditions of the Medical Alert Service. You will receive a copy to sign and return, and one for your records, when you receive our medical alert system.
If you have any questions about the agreement, please call us! 1-888-995-5520
AMERICAN RESPONSE TECHNOLOGIES, INC.
Terms and Conditions
AMERICAN RESPONSE TECHNOLOGIES, INC. (“ART”) and the subscriber identified on the on the first page of this agreement (“Subscriber”) agree as follows:
1. PERSONAL EMERGENCY RESPONSE SYSTEM (“PERS”):
The PERS is leased to Subscriber and remains the personal property of ART for the term of this Agreement. ART shall instruct the Subscriber in the proper use of the PERS and install or provide self installation instructions for the Subscriber. The PERS shall not be considered a fixture or a part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by ART.
2. RENTAL, MONITORING, AND SERVICE CHARGES
. The monthly monitoring charge will begin the date the order is placed by Subscriber. This contract will automatically renew unless either party gives written notice of its intent to cancel. I understand that there is a 3 month minimum service and if I cancel afterwords, 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
. If you receive this package but do not activate this system for any reason, you are still responsible for a $50 restocking fee. In addition, your account will continue to be billed at the price set forth on the first page of this agreement until our unit is returned in good working order.
3. CENTRAL OFFICE MONITORING
. Upon receipt of a signal, ART or its designee shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department or emergency personal response service designated by Subscriber. Signals which are transmitted over telephone lines, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of ART and are not maintained by ART. ART shall not be responsible for any equipment failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom. ART provides no response to a PERS signal except notification to the appropriate party, and that the provisions of this Agreement exculpating and limiting ART’s liability are fully applicable to the PERS service. ART may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this Agreement or in event the designee communication center facility or communication network is nonoperational or Subscriber’s system is sending excessive communication. ART is authorized to record all telephone conversations and owns such recordings. Any medical or other personal information provided by Subscriber to ART may be disclosed by ART to any personal emergency response or medical personnel requesting same.
4. PRIMARY RESPONDER DISCLOSURE
. Subscriber understands that a 911 center or communications center (“Public Responder”) may be designated as the Primary Responder. Subscriber assumes all liability should one of them not be selected as the Primary Responder. Upon ART receiving an emergency alarm from the Subscriber’s system, Subscriber hereby directs ART to contact the responders in the order specified on the on the first page of this agreement. Subscriber agrees that should any Public Responder not be designated as the Primary Responder, then Subscriber’s Public Responders shall become the default secondary responder after the personal emergency response provider has attempted, without success, to notify all other responders designated by Subscriber. Should ART receive a customer’s alarm and is not able to solicit a verbal response from the Subscriber, Subscriber authorizes ART to contact a Public Responder before ART contacts the customer’s responders as specifically designated above. Following any notification to a Public Responder, ART shall attempt to notify the rest of the Subscriber’s responders in the order provided by Subscriber. Subscriber may provide ART with a set of directives for voice to voice contact with the responders.
5. SUBSCRIBER’S CARE OF EQUIPMENT: REPAIRS AND ADDITIONS
. Subscriber agrees not to tamper with, remove or interfere with the PERS. The PERS shall remain in the same location as installed, and Subscriber agrees to bear the cost of repairs, replacement, relocation or additions to the system made necessary as a result of any painting, alteration or damage, including damage caused by unauthorized intrusion to the premises, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by ART at its expense.
6. TELEPHONE SERVICE IS SUBSCRIBER’S RESPONSIBILITY
. Subscriber acknowledges that the PERS Transmitter plugs into a standard telephone jack and communicates over standard telephone lines using two-way voice communication. The transmitter will not work with VOIP Internet connection. Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power and electrical outlets and receptacles, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by ART in its sole discretion. ART shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including ART’s negligence in the performance of this Agreement, and Subscriber shall not be relieved from payments due under this agreement for such period.
7. TESTING AND SERVICE
. The PERS, once installed, is in the exclusive possession and control of the Subscriber. It is Subscriber’s sole responsibility to test the operation and to notify ART if it is in need of repair or replacement. ART shall not be required to service or replace the equipment unless the equipment is returned by the subscriber to ART at ART’s address. ART will upon Subscriber’s request arrange pick up and delivery, at ART’s expense, by UPS or US Postal Service. If ART fails to repair or replace the PERS within 7 days after receipt of said written notice, Subscriber shall not be obligated to pay any amount for service from date said written notice is given, until the PERS is restored to working order unless ART determines that the equipment is operational and the system failure was electrical or telephone service related at Subscriber’s premises, in which event subscriber shall pay ART’s cost of shipping and inspection charge of $75.00. In any lawsuit between the parties in which the condition or operation of the equipment is in issue, the Subscriber shall be precluded from raising the issue that the equipment was not operating unless Subscriber can produce a receipt, signed by ART, evidencing that service was requested by Subscriber.
8. SUBSCRIBER TO INSURE EQUIPMENT
. Subscriber shall insure ART’s equipment against fire and casualty and name ART in said insurance policy as “loss payee” to the extent of the value of the equipment as set forth hereinabove. Subscriber shall be responsible for any loss occasioned by fire or casualty and the cost of replacing or restoring the PERS. Notwithstanding the condition of Subscriber’s premises, or ART’s impossibility of performance occasioned by condition of Subscriber’s premises, Subscriber shall remain liable for monthly payments for the term of this Agreement without offset or reduction.
9. TERMINATION IN THE EVENT OF DEATH
. This Agreement shall terminate upon Subscriber’s death and the return of all ART equipment by Subscriber’s representative at Subscriber’s expense by UPS or US Postal Service, signature required, delivery to ART. The services shall terminate upon Subscriber’s death.
. Subscriber shall not be permitted to assign this Agreement without written consent of ART. Any such assignment without prior approval shall be deemed a breach of this Agreement. ART shall have the right to assign this contract and shall be relieved of any obligations created herein upon such assignment. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against ART or ART’s subcontractors arising out of this Agreement or the relation of the parties hereto. Subscriber agrees to and shall indemnify and hold harmless ART, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by ART’s performance, negligent performance or failure to perform its obligations under this Agreement. Parties agree that there are no third party beneficiaries of this contract.
11. REMOVAL OF PERSONAL EMERGENCY RESPONSE SYSTEM
. Upon termination of this Agreement ART shall be permitted to discontinue all monitoring service and Subscriber shall at Subscriber’s expense return, via UPS or US Postal Service, signature required, ART equipment to ART. If for any reason caused by Subscriber, or the owner of the premises if other than the Subscriber, said PERS is not delivered to ART within 7 days of such termination, Subscriber shall be deemed to have purchased the equipment for the agreed value stated in this Agreement.
12. LEGAL ACTION
. Due to the nature of the services to be provided by ART, the payments to be made by Subscriber for the term of this Agreement are an integral part of ART’s anticipated profits, and in the event of Subscriber’s breach of this Agreement it would be difficult if not impossible to reasonably estimate ART’s actual damages. Therefore, in the event of Subscriber’s default of this Agreement, Subscriber shall pay to ART 80% of the balance due for the term of this Agreement as liquidated damages, and ART shall be permitted to terminate all its services under this Agreement without relieving Subscriber of any obligation herein. Additionally, in the event of Subscriber’s breach of this Agreement ART may, at its option, either remove its equipment or deem same sold to Subscriber for 80% the amount specified as the value of the equipment. The parties waive trial by jury in any action between them. Any action by Subscriber against ART must be commenced within one year of the accrual of the cause of action or shall be barred. Subscriber submits to the jurisdiction of Michigan and agrees that any litigation between the parties must be commenced and maintained exclusively in the State of Michigan, and in the county where ART’s principal place of business is located. Service of legal process or papers in any action or proceeding between the parties may be served by prepaid First-Class Mail delivered by the U.S. Post Office or overnight by Federal Express or UPS to the party’s address in this Agreement or other address provided by a party in writing to other party.
13. ADDITIONAL PAYMENTS
. Subscriber agrees to be liable for and pay to ART any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon ART because of this Agreement. Should ART be required by law at any time to perform any service or furnish any material not specifically covered by the terms of this Agreement, Subscriber agrees to pay ART for such service or material.
14. FALSE ALARMS/PERMIT FEES
. Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse ART for any fines relating to permits or false alarms. ART shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department, this Agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should ART be required by law to perform any service or furnish any material not specifically covered by the terms of this Agreement, Subscriber agrees to pay ART for such service or material.
15. ART’S RIGHT TO SUBCONTRACT SPECIAL SERVICES
. Subscriber agrees that ART is authorized and permitted to subcontract any services to be provided by ART to third parties who may be independent of ART, and that ART shall not be liable for any loss, damage or injury sustained by Subscriber by reason of any other cause whatsoever caused by the negligence of third parties. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to ART’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors and communication centers of ART.
16. NO WARRANTIES OR REPRESENTATIONS; SUBSCRIBER’S EXCLUSIVE REMEDY
. ART does not represent or warrant that the PERS will prevent any loss, damage or injury to person or property, or that the PERS will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that Subscriber assumes all risk for loss or injury to Subscriber’s property or person. ART has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber’s exclusive remedy for ART’s default hereunder is to require ART to repair or replace, at ART’s option, any equipment or part of the PERS which is non-operational.
17. EXCULPATORY CLAUSE
. The parties agree that ART is not an insurer and no insurance coverage is offered herein. Subscriber’s payments to ART are for the installation, rental and service of a PERS designed to reduce certain risks of loss, though ART does not guarantee that no loss will occur. ART is not assuming liability and therefore shall not be liable to Subscriber for any loss or injury sustained by Subscriber as a result of any cause whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by ART’s negligent performance to any degree or failure to perform any obligation or strict products liability. Subscriber releases ART from any claims for contribution, indemnity or subrogation.
18. LIMITATION OF LIABILITY
. The parties agree that the PERS is not designed or guaranteed to prevent any loss or injury. If, notwithstanding the terms of this Agreement, there should arise any liability on the part of ART as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by ART’s negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the greater of (a) an amount equal to six times the monthly payment paid by the Subscriber to ART at the time such liability is fixed or (b) the sum of $250.00.
19. FULL AGREEMENT/SEVERABILITY.
This Agreement constitutes the full understandingof the parties and may not be amended or modified or canceled except in writing signed by both parties. This Agreement shall be governed by the laws of the State of Michigan. If any provisions of this Agreement are deemed void, then all other provisions will remain enforceable.