PRIVACY POLICY AND TERMS OF SERVICE

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OVERVIEW

This website is operated by Lifenet Medical Alert Systems, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Lifenet Medical Alert Systems, LLC. Lifenet Medical Alert Systems, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service applyto all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lifenet Medical Alert Systems, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lifenet Medical Alert Systems, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at jaboaf@lifenet.com.

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SERVICE AGREEMENT

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This “Agreement” is made by and between LifeNet Alert Systems, LLC (‘Lifenet’) and subscriber shown above (“Subscriber”) effective when the Agreement becomes binding on the parties pursuant to Section 2 (“Effective Date”). Subscriber is sometimes referred to as you or your, Lifenet is sometimes referred to as we, us or our. The “Premises” is the address of the Subscriber shown above. Your “System” refers to the Lifenet equipment loaned to you and may Include, but is not limited to, depending on the services you selected, base station, help button(s), location aware (GPS coordinates only) mobile communicator, fall detection pendant(s), and any other devices, features or accessories.

9. TERM AND RENEWAL. The initial term of this Agreement is the period shown above and shall automatically renew from period to period thereafter. You may terminate this Agreement at any time by returning the System to Lifenet.
10. BINDING AGREEMENT. THIS AGREEMENT SHALL BE DEEMED BINDING ON YOU AND LIFENET UPON YOUR INITIAL TEST OF THE SYSTEM WITH LIFENET’S RESPONSE CENTER. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT TEST THE SYSTEM AND PROMPTLY RETURN THE SYSTEM TO LIFENET FOR A REFUND IN THE AMOUNT YOU PAID. THIS AGREEMENT IS BINDING ON YOUR HEIRS, EXECUTORS AND ADMINISTRATORS.
11. LIFENET SERVICE. The Lifenet service (the “Service”) consists solely of personnel at Lifenet’s response center notifying the persons identified by you (the “Contact List”) and the emergency response authorities (“First Responders” and, collectively with Contact List, “Responders”) at the contact information supplied by you upon the response center’s receipt of oral instructions, signals, data or other communication from the System reporting conditions that require assistance (a “Response Condition”). If First Responder contact information is not supplied by you, Lifenet will use commercially reasonable efforts to determine such information, but Lifenet is relieved of all liability related to using an incorrect telephone number or other piece of contact information, even if Lifenet is negligent. You understand, acknowledge and agree that (a) following a Response Condition but before contacting any First Responders, Lifenet may, in its sole and absolute discretion and without any liability, contact or attempt to contact you or your Contact List as frequently as Lifenet deems appropriate to verify the need to notify First Responders to the Response Condition, and(b)after receiving oral advice from anyone, including, but not limited to, you, a Responder, or anyone at the Premises or who communicates with us through the System, to disregard the Response Condition, Lifenet may, in Its sole and absolute discretion and without any liability, refrain from contacting the Responders or advise the Responders of the receipt of the oral advice to disregard the Response Condition.
12. YOUR RESPONSIBILITY TO PAY FOR LIFENET SERVICE. You are responsible to pay for your Lifenet Service on time and (unless the law provides otherwise) in full. You are also responsible for directly paying all charges for services provided to you by others (such as First Responders).
13. YOUR RESPONSIBILITY FOR OTHERS WHO USE YOUR LIFENET SERVICE. You are solely responsible for any use of the Lifenet Service, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for the services and actions requested by you, or by anyone using the Service. You agree that we may share your personal information with Responders.
14. TITLE TO THE SYSTEM; CHARGES. (i) Lifenet owns the System at all times; and (ii) you shall return the System to Lifenet undamaged and in good operating condition (except for normal wear and tear) immediately upon the termination of this Agreement. If you do not return the System within ten (10) days after termination, you agree to pay the replacement value of the System based on Lifenet’s then-current price list. If any portion of the System is returned damaged or not in good operating condition, you agree to pay the cost required to repair the System. You agree to pay Lifenet’s charges for all services, any applicable taxes, and any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any volunteer, quasi-governmental or governmental agency or private person or entity relating to the Service.
15. LIMITATION OF LIABILITY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF LIFENET OR ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS (COLLECTIVELY, “REPRESENTATIVES”) TO YOU FOR ANY PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, HEALTH RELATED EVENT, ECONOMIC LOSS, OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY “DAMAGES”) DUE, IN WHOLE OR IN PART,TO ANY REASON INCLUDING, WITHOUT LIMITATION OR EXAMPLE, OUR OR OUR REPRESENTATIVES’ ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE THAT OCCURS BEFORE OR AFTER THE EFFECTIVE DATE, OR FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, REGARDLESS OF THE LEGAL THEORY, ALL SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR LIFENET AND ITS REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, PRIOR TO AN OCCURRENCE RESULTING IN DAMAGES TO YOU, OBTAIN A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS PAYMENT SHALL IN NO WAY BE INTERPRETED TO HOLD LIFENET OR REPRESENTATIVES AS AN INSURER.
16. SUBSCRIBER ACKNOWLEDGMENTS. You understand, acknowledge and agree as follows:
    1. You must test the System at least monthly. You must also test the System whenever (a) renovations are made to your Premises, (b) the electrical service at your Premises is repaired or otherwise serviced, (c) Lifenet sends you additional or replacement equipment for your System, or (d) a change is made by you or Lifenet to your Lifenet Service.
    2. If your System communicates with Lifenet over the Internet or a telephone line, you must test the System whenever changes are made to those services at your Premises.
    3. Certain Systems use radio frequency waves to communicate between devices (for example, between the help button and the base station). Certain objects in the Premises and radio frequency waves from other sources (for example, microwave ovens, television sets, radios, household appliances, cordless phones, cellular phones, lightning, static electricity or other electrical discharges) may cause interference resulting in malfunctions of the System.
    4. For Systems communicating with Lifenet’s response center over a telephone line, the System will not communicate with Lifenet’s response center if a telephone connected to the same telephone line which the System uses to communicate with Lifenet’s response center is in use, off the hook, or not properly in its cradle. When the System is in use, a second telephone line at the Premises is necessary to communicate by telephone with others.
    5. The System is not Infallible and the transmission and receipt of communications from the System may be interrupted or otherwise compromised.
    6. The System Is not an intrusion detection, security or fire alarm system, The System and the Lifenet Service do not provide security, intrusion or fire protection. The System is not a medical device and our personnel are not qualified medical personnel.
    7. If your System needs to be plugged into an electrical outlet, you must use an outlet with standard 110-volt electrical power which must always be on. The outlet must not be controlled by a switch, timer or any other method.
    8. If your System includes fall detection, fall detection can activate when you did not fall and fall detection does not detect 100% of falls. If able, you should always push your help button when you need assistance.
    9. Depending on which System you arranged for with Lifenet, the System and the Services may rely on the availability of your home telephone service provider, cellular network coverage, and the availability of global positioning system (‘GPS’) location data to operate properly. These systems and services are provided by third parties and are not controlled by Lifenet. There is always a chance that the System may fail to operate properly. The 911 emergency services line is an alternative to the System and the Services.
    10. You may not alter, modify or attempt repairs on the System, or move the System to a new address, except with notice to Lifenet and pursuant to instructions from Lifenet. You must immediately notify Lifenet in the event the contact information for you or a Responder changes.
    11. If you choose to pay Lifenet by EFT, you authorize Lifenet to electronically debit the bank account you provide. This authorization will remain in effect unless canceled by you with written notice to Lifenet.
17. INDEMNIFICATION. IF ANYONE OTHER THAN YOU, INCLUDING, WITHOUT LIMITATION, YOUR INSURANCE COMPANY, ASKS LIFENET OR ITS REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY), HEALTH RELATED EVENT, OR OTHER LOSS, DAMAGE, COST OR EXPENSE DUE TO ANY REASON INCLUDING, WITHOUT LIMITATION OR EXAMPLE, OUR OR OUR REPRESENTATIVES’ ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE THAT OCCURS BEFORE OR AFTER THE EFFECTIVE DATE, OR THERE IS A CLAIM AGAINST LIFENET OR ITS REPRESENTATIVES FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT LIFENET OR ITS REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY LIFENET OR ITS REPRESENTATIVES.
18. INSTALLATION AND START OF SERVICES. The System is Intended to be installed by you. The System will be delivered to you by Lifenet with instructions. Additional installation assistance and information is available by calling Lifenet customer service. Lifenet makes no promise of commencement of service by any particular time. Service will commence only after (a) the necessary information provided by or for you is entered into Lifenet’s response center’s computer system, and (b) an acceptable test of the System Is received by Lifenet’s response center.
19. FALSE ALARMS AND FORCED ENTRY. If the System Is activated for any reason, you shall (i) pay, without reimbursement from Lifenet, or (ii) reimburse Lifenet, for any fines, fees, costs, expenses or penalties assessed against you or Lifenet by any court or governmental agency. You must provide access to the Premises to Responders. If you do not provide access. Responders may use forcible means to enter the Premises which may cause damage to the Premises. All such costs and expenses from any damage shall be borne solely by you without any recourse to Lifenet or its Representatives. Lifenet has no control over response times for Responders. You hereby release Lifenet and Responders for and from all claims, losses or damages that may arise from any forcible entry into the Premises or any delayed response by Responders.
20. SYSTEM USE. You understand and agree that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, businesses, homeowners’ associations, and/or other entitles may affect your rights in connection with the installation, operation and Services related to the System. You agree to obtain and maintain in current status all licenses or permits or other authorizations necessary for the installation and use of the System including, without limitation or example, notice to First Responders.
21. MEDICAL OR RELATED EXPENSES. Any and all costs and expenses arising out of or from, in connection with, related to or as consequence of use of the System including, without limitation or example, emergency medical technician services, ambulance services, physician, medical center, hospital or other medical services shall be borne solely by you without recourse to Lifenet or its Representatives.
22. ASSIGNMENT. We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this Agreement or your obligations to anyone else without our prior written con- sent.
23. SUSPENSION OF SERVICE. You understand, acknowledge and agree that Lifenet and its Representatives’ obligations are waived automatically without notice and you release each of them for and from all Damages in the event of (i) a default or breach of this Agreement by you, or (ii) Lifenet’s response center, communications equipment, network or Services or the System are destroyed, damaged, inoperable or malfunction for any reason whatsoever, or (iii) for any other reason or cause beyond Lifenet’s reasonable control, in each event for the duration of such interruption of Service. You shall be entitled to reimbursement of the unearned charge paid for the period of Interruption on your request and this shall be the limit of Lifenet’s liability.
24. INTEGRATED AGREEMENT. This Agreement contains the entire agreement between you and us concerning the transactions described in this Agreement and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, written or oral, pertaining to such matters, all of which are merged into this Agreement. NEITHER PARTY HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, ‘‘INDUCEMENT”) WHICH IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT IT/HE/SHE IS NOT RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT WHICH IS NOT EXPRESSED IN THIS AGREEMENT. All changes or amendments to this Agreement must be in writing and signed by all parties to be binding on the parties. Notwithstanding anything contained herein to the contrary, Lifenet may, in its sole discretion, terminate this Agreement with or without cause and without any liability whatsoever, upon thirty (30) days’ notice to Subscriber.
25. VALID AGREEMENT. Should any provision of this Agreement (or portion of it), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent the validity and enforceability of the remainder of the provisions of this Agreement, or of such provisions as applied to any other circumstances, shall not be affected, and shall remain in foil force and effect as valid, binding and continuing. The interpretation of this Agreement shall not be construed against the drafter.
26. INTENDED THIRD PARTY BENEFICIARIES. You acknowledge, understand and agree that the provisions of this Agreement inure to the benefit of and are applicable to any service provider or subcontractor engaged by Lifenet to perform or provide any service set forth herein to you, and bind you to such service provider and subcontractor with the same force and effect as they bind you to Lifenet.
27. REPAIR SERVICE. Following Lifenet’s receipt of notice from you of the need to service the System, Lifenet agrees, pursuant to the terms of this Agreement, to replace or repair the System at Lifenet’s sole option, due to ordinary wear and tear only. You shall pay for all other repairs at Lifenet’s then prevailing charges. Lifenet will ship you replacement equipment to replace the part of the System needing service. The equipment needing service must be delivered to Lifenet within ten (10) days of your receipt of the replacement equipment.
28. USAGE LIMITS. We may place usage limits for any Lifenet service. If we place usage limits for a Lifenet service, and you then use such service more than allowed by the limit amount we will charge you at our then current rates for your usage in excess of the limit amount. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such charges.
29. CONTRACTUAL LIMITATION OF ACTIONS. All claims, actions or proceedings by or against Lifenet and/or its Representatives must be commenced within one (1) year after the cause of action has accrued, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.
30. YOUR INTERACTIONS WITH LIFENET AND ITS RESPONSE CENTER. We and our response center may record and monitor conversations and other communications between our personnel or the personnel of our response center and you, your agents or representatives. Responders, or other third parties. You authorize and consent to such recording and monitoring for yourself and as the authorized agent of others in your Premises, your agents and employees, and all Responders on the Call List. Please note that our personnel may also remain on the telephone line if they conference in a third party to assist in completing a service request. You agree that Lifenet is not required to release any recorded conversations or communications or physical records that are created by or on behalf of Lifenet unless required by law. We will use commercially reasonable efforts to accommodate you if English Is not your first language and you request translation services, but we do not guarantee the availability or competence of any translator.
31. PRIVACY POLICY. Lifenet maintains a privacy policy that is available on our website (www.Lifenet.com) which describes how Lifenet protects and handles any information it has about you that may identify you and that may relate to your past, present, or future physical or mental health condition and related healthcare services.
32. AGREEMENT HEADINGS. The headings of the paragraphs in this Agreement are inserted for the convenience of reference only and shall in no way affect the interpretation of the provisions of this Agreement.
33. DIGITAL COPY OF THIS AGREEMENT; EXECUTION IN COUNTERPARTS AND ELECTRONICALLY. You agree that if a digital copy in any medium is made of this Agreement it will have the same legal force and effect as the original. This Agreement may be executed in any number of counterparts, any one of which need not contain the signature of more than one party, but all of which shall together constitute one and the same instrument. The parties agree that this Agreement and the signatures affixed hereto may be digital or transmitted and delivered by facsimile and electronically and that all such signatures and this Agreement whether digital or transmitted or delivered by facsimile or electronically shall be deemed to be originals for all purposes and given the same legal force and effect as an original written Agreement and original ink signatures including, without limitation, litigation and arbitration.
34. WAIVER OF JURY TRIAL. TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY EITHER PARTY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, OR AS A CONSEQUENCE OF THIS AGREEMENT.
35. GOVERNING LAW. To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of New York, in accordance with the Federal Arbitration Act without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. All controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought and heard in the state courts located in Nassau County, New York, without any right to remove to Federal Court.
36. CONSENT TO CALL YOU AND YOUR CONTACT LIST. Lifenet and Representatives have your consent to (a) call or text your residential or mobile phone, (b) use an automatic telephone dialing system, and (c) use prerecorded calls as part of delivering the Lifenet Service, including for marketing purposes. Your consent is not required as a condition of purchase. As the authorized agent of each Responder on the Contact List from time-to-time you represent and warrant that you have obtained and will maintain their express written consent to contact them as part of your use of the Service.
37. AMENDMENTS. From time to time, upon not less than thirty (30) days prior written notice to you at your address on file at Lifenet, we may modify this Agreement. Your continued use of the System, or payment of amounts due under this Agreement after the effective date specified in the notice shall constitute your acceptance of the amendment and you shall thereafter be bound by the terms of this Agreement as so amended.

ACKNOWLEDGMENTS. BY SIGNING THIS AGREEMENT, YOU (I) AGREE THAT THIS IS A BINDING AGREEMENT AND INCLUDES THE TERMS AND CONDITIONS ON THE REVERSE; (II) AGREE TO THE LIMITATION OF LIABILITY AND INDEMNITY PARAGRAPHS OFTHIS AGREEMENT; AND (III) ACKNOWLEDGE HAVING RECEIVED AND READ A COPY OF THE ENTIRE AGREEMENT BEFORE SIGNING.

NO WARRANTIES.THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OR REVERSE HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS AGREEMENT HAS BEEN PRE-SIGNED BY LIFENET IN ANTICIPATION OF ACCEPTANCE AND SIGNATURE BY SUBSCRIBER. ANY HAND-WRITTEN OR OTHER CHANGES TO THIS AGREEMENT WITHOUT LIFENET’S PRIOR WRITTEN APPROVAL ARE HEREBY REJECTED AND WILL NOT BE BINDING OR ENFORCEABLE AGAINST LIFENET.