KEEP AN EYE ON YOUR LOVED ONES WITH SAFE WATCH AMERICA'S:
Personal emergency response systems are units that are plugged into telephone jacks or can also be wireless. The System is loaned to you, the subscriber, and is intended to be used only for medical or other similar personal emergencies. The subscriber of the system can send an alarm signal if they need help or assistance by pressing the easy to use push button screen on the system. The unit is owned by the Company and are registered/ activated at the subscriber's premise. Company is responsible only for notifying the personal emergency contacts that you provided to Company and the appropriate emergency authority such as the fire department, police, or ambulance service (each a "Responder"). 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.
During the term of this Agreement, Company will provide monitoring and notification services twenty four (24) hours per day, seven (7) days per week. 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.
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.
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. Payment will be due each billing cycle (monthly, quarterly, annual, or bi-annual) 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.
This "Term and Condition of Use" shall begin when the test signal from the System has been successfully received and will continue unless and until terminated as provided below. Company, in its sole discretion, may suspend the Services or terminate this Agreement. If Company reactivates the Services, you shall pay, in advance, Company's then prevailing reconnection fee. If you are not under a monthly binding contract, you may terminate this Agreement at any time by notifying Company and returning the equipment to Company at your expense. If you terminate contract during the term of your contract (if applicable) there will be a Two Hundred and Ninety Nine Dollars. System should be returned to Safe Watch America, 424 Church Street, Suite 2000, Nashville, TN 37219. If the System is not returned within thirty (30) days following the termination or expiration of this Agreement, you shall pay Company up to Six Hundred Dollars ($600.00) for the System.
You are responsible for: (i) installing 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.
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.
The System may include, depending on the plan selected, any Safe Watch America product. 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 (ii) 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 Six Hundred Dollars ($600.00) 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.
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 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.
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.
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 hereby indemnify 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.
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 Tennessee, 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.
Company may post updates to these Terms and Conditions of Use on its website (www.safewatchamerica.com) and may also mail updated Terms and Conditions of Use to the subscribers address on file.
If for any reason the service is no longer needed, simply return all system equipment. A prorated refund will be issued for unused service that may have been prepaid. To cancel service, simply return all equipment and accessories to us by mailing the system to us at your expense. Service will be cancelled effective the day the system is received at our location.
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