LIFE ALARM DIRECT shall provide to the Subscriber a Personal Emergency Response System (hereinafter referred to as PERS), including all necessary devices and equipment, install or provide self-installation instructions, and instruct the Subscriber in the proper use of the PERS for the duration of this agreement with the understanding that the entire system is and shall always remain the sole personal property of LIFE ALARM DIRECT and shall not be considered a fixture or a part of the realty, or an addition to, alternation, conversion, improvement, modernization, remodeling,repair or replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by LIFE ALARM DIRECT.
The term of this agreement shall be a month to month service. The monthly charge, payable to LIFE ALARM DIRECT in advance for the monitoringservice of the PERS system for the term of this agreement, will commence on the date service was ordered and continuing monthly thereafter, all payments being due on the same day of the recurring month. This agreement shall renew itself month to month thereafter under the same terms and conditions until all Life Alarm Direct equipment is returned to Life Alarm Direct. Subscriber is responsible for all service charges up until the end of the billing period of whichthe equipment is returned to Life Alarm Direct, or the Subscriber reimburses the Company for the value of the equipment.
Upon receipt of a signal, LIFE ALARM DIRECT or its designated central office, shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department or emergency personal response service designated by Subscriber. Subscriber acknowledges that signals which are transmitted over telephone lines, internet, VOIP, or other modes of communication pass through communication networks beyond the control of LIFE ALARM DIRECT and are not maintained by LIFE ALARM DIRECT, except LIFE ALARM DIRECT may own the radio network, and therefore LIFE ALARM DIRECT shall not be responsible for any equipment failure which prevents transmission signals from reaching the central office monitoring center or damages arising as a result thereof, or for data corruption, theft or viruses to Subscriber’s computers if connected to the PERS communication equipment. Subscriber agrees to furnish LIFE ALARM DIRECT with a written list of names and telephone numbers of those persons. Subscriber wishes to receive notification of emergency conditions together with a list of all medication, allergies and medical conditions Subscriber wishes to be available to all PERS personnel and medical personnel. All changes and revisions shall be supplied to LIFE ALARM DIRECT in writing. Subscriber acknowledges that LIFE ALARM DIRECT provides no response to a PERS system signal except notification to the appropriate party, and that the provisions of this agreement exculpating and limiting LIFE ALARM DIRECT’s liability are fully applicable to the PERS system service. LIFE ALARM DIRECT may, without prior notice, suspend or terminate its services, in event of Subscriber’s default in performance of this agreement or in event designated central office facility or communication network is nonoperational or Subscriber’s system is sending excessive communication. LIFE ALARM DIRECT is authorized to record all telephone conversations and shall own such recordings.
REPAIRS AND ADDITIONS:Subscriber agrees not to tamperwith, remove or otherwise interfere with the PERS system. The Subscriber agrees to bear the cost of repairs, replacement, or additions to the system made necessary because of any painting, alteration, remodeling or damage including damage caused by unauthorized intrusion to premises, lightening or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by LIFE ALARM DIRECT without additional charge. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expenses.
Subscriber agrees to furnish,at Subscribers expenses, all 110 Volt AC power and electrical outlets and receptacles, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by LIFE ALARM DIRECT or PERS equipment manufacturer.
LIFE ALARM DIRECT shall not be liable for any damage or loss sustained by Subscriber due to equipment failure, or for interruption of service due to electric failure, transmission failure, acts of God, or other causes, including LIFE ALARM DIRECT’S negligence in the performance of this agreement, and Subscriber shall not be relieved from payments due under this agreement for such period.
The parties hereto agree that the PERS, once received, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to test the operation of the PERS and to notify LIFE ALARM DIRECT if it needs repair or replacement.LIFE ALARM DIRECT shall service or replace the equipment if returned by the Subscriber to LIFE ALARM DIRECT at LIFE ALARM DIRECT’S address.
Subscriber agrees to and shall indemnify and hold harmless LIFE ALARM DIRECT, its employees, agents and subcontractors, from and against all claims, lawsuits, including reasonable attorneys’ fees and losses asserted against and alleged to be caused by LIFE ALARM DIRECT’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.
Customer agrees to try the system for at least 30 days. All payments for or related to customer’s first month monitoring service are nonrefundable. Customer agrees to notify Life Alarm Direct, in writing, of any intent by customer to cancel monitoring service. Upon such cancellation and return of equipment to LIFE ALARM DIRECT, a refund of all unused service, following the bill cycle of cancelation, will be refunded to Subscriber for services not yet rendered.
Upon termination of this agreement,Subscriber shall, at Subscriber’s expense, return via UPS or US Postal Service, signature required, LIFE ALARM DIRECT equipment to LIFE ALARM DIRECT. Iffor any reason caused by Subscriber, or the owner of the premises if other than the Subscriber, said PERS system is not delivered to LIFE ALARM DIRECT within 30 days of such termination, Subscriber shall be deemed to have purchased the equipment for $199.99.
LIFE ALARM DIRECT shall have no liability for false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by EMT, police or fire department response to emergency conditions, whether false alarm or otherwise, or the refusal of the police or fire department to respond. LIFE ALARM DIRECT shall have no liability for police, fire or EMT non-response, response, or any damage to person or property relating to any emergency condition reported by LIFE ALARM DIRECT or its designated central station in response to a signal received from Subscriber’sPERS.
LIFE ALARM DIRECTdoes not represent nor warrant that the PERS system will prevent any loss, damage or injury, or that the PERS system will in all cases provide the protection for which it is intended. Subscriber acknowledges that LIFE ALARM DIRECT is not an insurer, and that Subscriber assumes all risk for loss or injury to Subscriber’s property or person. LIFE ALARM DIRECT has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any use. Subscriber’s exclusive remedy for LIFE ALARM DIRECT’S default hereunder is to require LIFE ALARM DIRECT to repair or replace, at LIFE ALARM DIRECT’S option, any equipment or part of the PERS system which is nonoperational. Except for services provided pursuant to this agreement, Subscriber agrees to look to manufacturer’swarranty for any equipment warranty.
The parties agree that LIFE ALARM DIRECT is not an insurer and no insurance coverage is offered herein. Subscribers payments to LIFE ALARM DIRECT are for the monitoring service of a PERS system designed to reduce certain risks of loss, though LIFE ALARM DIRECT does not guarantee that no loss will occur. LIFE ALARM DIRECT is not assuming liability and therefore shall not be liable to Subscriber for any loss or injury sustained by Subscriber because of any cause whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by LIFE ALARM DIRECT’s negligent performance to any degree or failure to perform any obligation or strict products liability. Subscriber releases LIFE ALARM DIRECT from any claims for contribution, indemnity or subrogation.
The parties agree that the PERS system 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 LIFE ALARM DIRECT 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 LIFE ALARM DIRECT’s negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to an amount equal to six (6) times the monthly payment paid by the Subscriber to LIFE ALARM DIRECT at the time such liability is fixed, or to the sum of $250.00, whichever is greater. If Subscriber wishes to increase LIFE ALARM DIRECT’s maximum amount of such limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain from LIFE ALARM DIRECT a higher limit by paying an additional amount consonant with the increase of liability. This shall not be construed as insurance coverage.
Should there arise any conflict between this agreement and Subscriber’s purchase order or other document, this agreement will govern, whether such purchase order or document is prior to or after this agreement.
This agreement constitutes the full understanding ofthe parties and may not be amended, modified or canceled, except in writing signed by both parties, except LIFE ALARM DIRECT’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this agreement and waives any claims about same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.