MOBILEHELPOFFERS.COM TERMS OF SERVICE



THIS AGREEMENT IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE STATE OF FLORIDA AND THE FEDERAL ARBITRATION ACT.

THE SYSTEM.

Personal emergency response systems are units that are plugged into telephone jacks or can also be cellular. The System is loaned to you, the subscriber, or it can be an application that is downloaded by you to your smartphone, or you may have purchased through a retail or online store, and is intended to be used only for medical or other similar personal emergencies. Depending on your system and accessories, the subscriber of the system can send an alarm signal if they need help or assistance by pressing the emergency button on the system, or smartphone application, or by pressing a wearable pendant or Wall Button, assuming the subscriber is within range of the system and inside the cellular network. Health Hub systems transmit vitals data only. They do not send emergency signals. With the exception of equipment purchased in a retail or online store and MobileVitals peripherals (blood pressure monitor, weight scale, pulse oximeter and glucose monitor), these units and software systems are owned by the Company. The System does not provide protection against fire or intruders. Company relies on the information you provide about your location and your personal emergency contacts.

SERVICES.

During the term of this Agreement, Company will provide monitoring and notification services seven (7) days per week, twenty- four (24) hours per day. These services include the receipt, analysis and response to alarm signals and calls made through the System, and, if applicable, notification and location services through Company’s server (collectively, the “Services”). In the event a signal is received from the System, every reasonable effort will be made to promptly contact you to determine whether it is necessary to contact a Responder. In the event a Responder is sent to your home and cannot enter through the door, you assume any and all risk of personal injury or loss or damage to your premises or the contents thereof. Health Hub systems do not provide emergency service. You agree to have given your prior express written consent and authorization to be contacted by or on behalf of MobileHelp on your wireless and/or other phone numbers you provided to MobileHelp, including by autodialed, pre-recorded and/ or artificial voice calls and SMS/Texts, when processing an alarm signal even if you are on the federal, any state and/or MobileHelp Do-Not-Call registry or list and for all other purposes.

ASSIGNEES AND SUBCONTRACTORS.

Company may transfer or assign this Agreement to a financial institution, other personal emergency services provider, or any other business entity. Company may use subcontractors to provide the Services. This Agreement shall apply to any assignee or subcontractor and protect them in the same manner as it is applies to and protects Company. Any subcontractor shall be considered an “independent contractor” and therefore not affiliated with Company in any way as a partner, joint venture, agent or employee. You may not transfer this Agreement without prior written approval by Company.

PAYMENT.

You will be charged the amount specified by Company at the time you ordered the System, beginning on the date the System is shipped to you. If you purchased the system through a retail or online store, you will be charged the amount specified by Company at the time you activate your System. Payment will be due each billing cycle (monthly, quarterly, semi-annually or annually) unless and until this Agreement is terminated. You agree to pay all sales, service, property, use and local taxes, and any additional fees or charges arising under this Agreement. Balances that are over thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable by law. In the event that it becomes necessary for Company to undertake legal proceedings to collect payments due under this Agreement, you agree to reimburse all reasonable attorneys’ fees associated with such collection action, except where prohibited by law. Company shall have the right, at any time, to increase any fees.

TERM & TERMINATION.

This “Term and Condition of Use” shall begin upon use of the System and will continue unless and until terminated as provided below. Company, in its sole discretion, may suspend the Services or terminate this Service. If Company reactivates the Services, you shall pay, in advance, Company’s then prevailing reconnection fee. You may terminate this Service at any time by calling MobileHelp Customer Service at 877-827-6207 and notifying the Company of your request. The Service will not be terminated until the complete System has been returned to MobileHelp unless you purchased the equipment in a retail or online store or you are using the MobileHelp Alert Smartphone Application. Returning the equipment to Company is at your expense. You will receive a prorated refund after we receive your complete System. If you are mailing the System back to MobileHelp, please call 877- 827-6207 to get the “Return” address. If the complete System is not returned, you will continue to be charged the service fee. If you fail to pay the service fee and do not return the equipment, you shall pay Company up to Three Hundred Fifty Dollars ($350.00) for the System, plus any unpaid service fees. If you have a smartphone application and want to cancel your service, you must call MobileHelp Customer Service at 877-827-6207. Deleting the application from your smartphone does not constitute a cancellation of service.

YOUR RESPONSIBILITIES.

You are responsible for: (i) installing or downloading the application and testing the System in accordance with any applicable instructions, including performing a range test, GPS lock test, and a signal test, and testing the System on a monthly basis; and (ii) ensuring suitable electrical service for installation and operation of the System, including any permits or licenses that may be required. You may not alter, modify or attempt repairs on the System, or move the System to a new address, except pursuant to instructions from Company or authorized service representative. You must immediately notify Company in the event your contact information, or that of a personal emergency contact, changes. You agree to the Company Privacy Policy located on its website (www.mobilehelp.com/privacy).

FALSE ALARMS.

To avoid false alarms, Company may first determine whether an actual emergency exists before it contacts any Responder. Company understands that false alarms can occur. However, in the event Company determines there have been too many false alarms, Company may suspend or cancel the Services. You are responsible for any fines, penalties or other fees arising from a false alarm.

SYSTEM EQUIPMENT.

The System may include, depending on the plan selected, a cellular base station, mobile device, cradle charger, pendant, Fall Button™ pendant, Wall Button, and MobileVitals peripherals (blood pressure monitor, weight scale, pulse oximeter and/or glucose monitor). If you are using the smartphone application, the System may include the application and a smartphone you own. You are responsible for ensuring that your smartphone is in good working order.

Company, in its sole discretion, may repair or replace the System if it becomes damaged or is defective, unless (i) the System has previously been disassembled, repaired or modified by someone other than us or our authorized service representative or the System has been damaged as a result of the negligence or misconduct by any person other than us or our authorized service representative. If the System becomes damaged as a result of (i) or (ii) above, you shall pay us the replacement price of up to Three Hundred Fifty Dollars ($350.00) for the System. The System and all monitoring software, computer codes and monitoring information remain Company’s sole and exclusive property. All equipment should be tested on a monthly basis to confirm it is properly working. Fall Button™ does not detect 100% of falls. If able, users should always push their help button when they need assistance. Fall Button™ is not intended to replace a caregiver for users dealing with serious health issues.

Subscriber acknowledges that the Fall Button™ does not detect one-hundred percent (100%) of falls. If able, users should always push their help button when they need assistance. Fall Button™ is not intended to replace a caregiver for users dealing with serious health issues.

LIMITATIONS OF THE SYSTEM AND THE SERVICES.

Company is not responsible for the promptness, sufficiency or adequacy of the action of any Responder. Company will not send any of its personnel to your location in response to an emergency signal. Neither the System nor the Services can prevent death, bodily or personal injury, or any other harm or damage to you or others who use them. The System and the Services rely on the availability of your home telephone service provider (legacy wired base station), cellular network coverage, and the availability of global positioning system (“GPS”) data to operate properly. These systems are provided by a third party and cannot be controlled by Company. 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.

WARRANTY; DISCLAIMER; LIMITATION OF LIABILITY.

Company makes no guarantees or warranties of any kind relating to the System or the Services and expressly disclaims all warranties whether express or implied, written or oral, with respect to the System or the Services, including without limitation any warranty of merchantability or fitness for a particular purpose. If, notwithstanding any other provision of this Agreement, there should arise any liability with regard to the System or the Services, whether based upon warranty, contract, tort, or otherwise, Company’s maximum liability shall not exceed One Thousand Dollars ($1,000.00) under this Agreement for the one (1) year period prior to the event giving rise to the liability. Since it is impractical and extremely difficult to fix actual damages which may arise due to a failure of the System or the Services, 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 Company be liable for special, incidental or consequential damages.

LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL.

No lawsuit or any other legal proceeding brought in connection with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. In addition, where permissible by law, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of this Agreement, directly or indirectly, and/or the relationship that is being established among the parties hereunder. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitation contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Agreement. In the event of litigation covered by the scope of this waiver, this Agreement may be filed in court as a written consent to a trial by the court.

THIRD PARTY INDEMNIFICATION AND NO SUBROGATION.

You herebyindemnify Company against any third party claim (including claims for property damage, personal injury or death) connected with or resulting from Company’s performance under this Agreement, including failure of the System or the Services. You further agree to pay Company (i) any amount which a court orders Company to pay or which Company reasonably agrees to pay, and (ii) the amount of Company’s reasonable attorneys’ fees and any other losses or costs that Company may pay in connection with the harm or damages.

MEDICATION REMINDER OPTIONAL SERVICE.

Medication Reminder is an optional service offered with the Cellular Base Station in conjunction with the MobileHelp Connect Web Portal. It is intended to be used as a mechanism for assisting users in remembering to take their medications. The medication reminder feature displays a reminder message which includes the medication name, at a scheduled time, prompts the user to acknowledge receipt of the reminder, and then records the acknowledgment (or lack of acknowledgment). The feature is not intended to be used as confirmation that the medication was actually taken nor is it intended to be used as a tool for dispensing medications. The accuracy of the reminder data (medication type, dosage, and schedule time) is the sole responsibility of the user entering the data. User acknowledges and accepts that the system displays Private Medical Information (Medication Names Only).

ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement and understanding between you and Company concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed. This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law provisions. In the event that it should become necessary for Company to institute legal proceedings to enforce any provision of this Agreement, you agree to pay Company reasonable attorneys’ fees and costs, except where prohibited by law.

UPDATES.

Company may post updates to these Terms and Conditions of Use and/or Privacy Policy on its website (www.mobilehelp.com) and may also mail updated Terms and Conditions of Use to the subscriber’s address on file.