These Terms and Conditions (“Agreement”) constitute a legally binding agreement made between you (“Subscriber”, “you”, or “your”) and us, Carenami LLC (“Carenami”, “Company”, “we”, “us” or “our”). If you are ordering for another person, you are agreeing to this Agreement on your behalf and on behalf of the person that you are ordering for. By clicking on the [I accept] button below, you agree that you have read, understood, and agree to be bound by all of the terms and conditions in this Agreement. You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING.
Company may make changes to this Agreement by written notice to you sent to the email address you provided above. If you do not accept any such changes, you may call or write to us to terminate this Agreement and must discontinue using the personal emergency response system equipment (“Equipment”) and monitoring services (“Monitoring Services”) immediately. Company or Subscriber may terminate this Agreement at any time by providing thirty (30) day’s notice.
Company will provide to you the Equipment, which shall be in good operating condition. You agree to test the Equipment and confirm that, upon activating the transmitting device, the Equipment will contact a monitoring facility
You can contact us by phone at (855) 938-5558, by email at firstname.lastname@example.org, or by post to 2850 SW Cedar Hills Blvd #2095, Beaverton OR 97005.
In this Agreement the following words shall have the meanings herein assigned to them:
“PERS” refers to the personal emergency response system.
“Equipment” refers to any device or accessory, including control panels, wireless transmitters, and voice enabled devices provided to you by us.
“Monitoring Service” refers to the PERS monitoring service provided by our authorized medical alarm monitoring center (“Monitoring Center”).
“Subscription” refers to your regular payment to us for us to supply you with Equipment, Monitoring Service, and other services.
“Service Termination Date” shall mean the date on which our obligation to provide you with Monitoring Service terminates.
“Force Majeure” shall mean occurrences such as war, serious fire, disease epidemic, typhoon, flood, hurricane, earthquake, or other natural disaster events that fall under the legal term, “act of God'', which is unavoidable, unforeseeable and insurmountable.
“Party” shall mean either Company or Subscriber.
“Primary Responder” shall mean the person or entity selected by the Subscriber and named as “Primary Responder” at the top of this Agreement, to be notified following an occurrence of the Monitoring Center receiving an alarm. Subscriber understands that a 911 center or communications center may be designated as the Primary Responder, and that you assume all liability should one of them not be selected as the Primary Responder
“Responders” refer to the persons or entities designated by the Subscriber and/or local public safety agencies such as law enforcement, fire and emergency medical services that normally provide the first response to an incident through 9-1-1.
“Limitations” refer to the limitations of the products and services provided by Company, including limitations in connection with the Equipment and Monitoring Service, as described in Section 8, Section 9, Section 10, and Section 13 of this Agreement. PLEASE READ THE LIMITATIONS DESCRIBED IN SECTION 8, SECTION 9, SECTION 10, and SECTION 13 CAREFULLY BEFORE ACCEPTING THIS AGREEMENT.
This Agreement begins when you click on the [I accept] button below and continues through the Service Termination Date. The terms of this Agreement renews automatically month-to-month unless either Party gives written notice of its intent to terminate this Agreement. Either Party can terminate this agreement at any time by providing a written notice thirty (30) days in advance. The Service Termination Date shall be thirty (30) days from the date of such written notice. We may terminate this Agreement by providing a written notice fifteen (15) days in advance if you default in performance on any part of this Agreement (such as a failure to make payment for amounts due) or if the Equipment leased to you is sending excessive communication to the Monitoring Center. You shall continue to perform your obligations under this Agreement after either Party terminates this Agreement or cancels the Subscription.
The Subscriber must (a) provide and be responsible for suitable electrical and telephone service for installation and operation of Equipment. (b) Select and give accurate information as to all Responders. Subscriber represents that personal Responders have agreed to act as Responders. (c) Not alter or attempt repairs to Equipment. (d) Not move Equipment without Company's prior written authorization. (e) Allow access for Company representatives to inspect Equipment, for maintenance, or removing Equipment after termination. (f) Not cause repeated or frequent inadvertent or any willful false alarms. (g) Provide Responders with access to Subscriber's home. (h) Promptly inform Company of any changes to the information provided in this Agreement. All changes are the sole responsibility of Subscriber and shall become effective at the time of delivery to Company. (i) Test Equipment at least once a month with the pendant and otherwise follow recommended procedures established by Company and Monitoring Center. (j) Pay any fine resulting from a false alarm
Equipment is leased to the Subscriber and must be returned to Company without damage and in satisfactory working condition within thirty (30) days following the Service Termination Date. Failure to return the Equipment to us without damage and in satisfactory working condition within thirty (30) days following the Service Termination Date will result in a charge of $375. Your obligations to return the Equipment and pay any remaining balances shall survive the termination of this Agreement by either Party for any and no reason.
Company offers a ninety (90) days money-back guarantee period. The money-back guarantee period will begin the day the order is shipped, and will remain effective for up to midnight of the 90th day after the order has shipped. The Subscriber can call or write to us to cancel the Equipment and Monitoring Service before the 90th day after the order has shipped to receive a full refund for payments made. The Service Termination Date will be seven (7) days after receiving such notice of cancellation. Company will arrange pick-up of the leased Equipment within seven (7) days after the Service Termination Date, at our expense, by a package shipping company. Failure to return the Equipment in satisfactory condition will result in a charge of $375.
The monthly Subscription plan and rate you have selected is part of this Agreement. Monthly charges based on the Subscription plan and rate you have selected will begin the day the Monitoring Service starts or after 7 days of the order being shipped, whichever earlier. Payments are due in full on the date stated in your monthly bill. You are responsible for paying the monthly charges on time and in full. Company may discontinue providing the Monitoring Service and other services if payments are not received on time and in full. If you have chosen automatic recurring payments, you authorize Company to keep the credit or debit card information you have provided to us on file. You also authorize Company to automatically charge this credit or debit card for recurring monthly payments in the amount of the monthly Subscription rate you have selected. You can cancel automatic recurring payment by writing to us at email@example.com or by contacting us over the phone at (855) 938-5558.
All overdue payments, for all charges, including damages and loss of Equipment, shall bear interest at the lesser of 18% per annum or the highest amount otherwise allowed by law.
The Subscriber can cancel your Subscription at any time by writing an email to us at firstname.lastname@example.org or calling us at (855) 938-5558. Company shall provide a full refund for any unused prepaid Services following the Service Termination Date, provided all Equipment is returned to us in satisfactory condition. Failure to return the Equipment to us in satisfactory condition within thirty (30) days following the Service Termination Date will result in a charge of $375. Your obligations to return the Equipment in satisfactory condition and pay any remaining balances under this Agreement shall survive the termination or non-renewal of this Agreement for any and no reason.
Company reserves the right to increase monthly charges for your Subscription by providing a written notice to the Subscriber no less than ninety (90) days before increasing the monthly charges. You can pay for the Subscription in advance for a period of up to twelve (12) months to guarantee that the monthly charges do not increase during that period.
The Equipment used for medical alarm monitoring, which may include control panels, wireless transmitters, voice enabled devices and other accessories, depend on third-party wireless and cellular communication technologies beyond our control and not maintained by us. You acknowledge that you understand that there is risk associated with the quality and reliability with the use of wireless and cellular communication technologies. In the event that the Equipment cannot transmit or receive wireless data, either between the Equipment or
with a cellular network, for any reason, we will not be able to provide the Monitoring Service. The Equipment may fail to transmit or receive wireless data if it is out of signal range or because of certain conditions such as (but not limited to) an interruption in the power supply, damage to the Equipment, wireless interference, weather, and proximity to buildings or other physical barriers. Company shall not be responsible for any Equipment or telecommunication network failure which prevents data from reaching the Monitoring Center or for the damage, injury, or loss that arise after. You are solely responsible for the correct self-installation of the Equipment as instructed by Company, the proper use of the Equipment, and ensuring that the Equipment is supplied with electricity and has sufficient cellular signal to receive and transmit data.
The control panel that is included with the Equipment relies on cellular service to send alarm signals and communicate with the Monitoring Center. This cellular service is provided by a third-party cellular service carrier such as AT&T, T-Mobile, and Sprint. You acknowledge that you understand that the quality and reliability of sending alarm signals or communicating over a cellular network is wholly beyond the control of Company, and that we are not liable for the Equipment not properly functioning due to the loss of cellular service. You acknowledge that you understand that the Equipment can be without cellular service if it is outside the service coverage area or if it does not have adequate signal due to certain conditions such as (but not limited to) an interruption in the power supply, damage to the Equipment, wireless interference, weather, and proximity to buildings or other physical barriers. You acknowledge that you understand that adequate cellular signal strength is required at the location where the Equipment is being used. You are responsible for ensuring that the Equipment has adequate cellular signal strength and that electricity is supplied to the Equipment in order for the Equipment to transmit data to and communicate with the Monitoring Center.
If your Equipment includes a device that is enabled for detecting voice commands, such as a voice-enabled wireless pod, this device may not always detect a voice command such as “Call 911, Call 911”. The voice-enabled device must detect a voice command in order to send out an alarm signal. The distance between the speaker and the voice-enabled device, existence of a wall or physical barrier between the speaker and the voice-enabled device, loudness and clarity of the speaker voice, and existence of other noises in the operating environment may prevent the voice-enabled device from detecting a voice command such as “Call 911, Call 911”. You acknowledge that you understand the risk associated with the performance and reliability of a voice-enabled device in detecting a voice command such as “Call 911, Call 911”, and that a voice-enabled device may not always work. You acknowledge that you understand that the voice-enabled device will not send an alarm signal if it does not detect a voice command such as “Call 911, Call 911” and you do not press the emergency button located on the device. You are solely responsible for testing that the voice-enabled device can detect a voice command by the user in the area that the device will be installed for use. You should always push the emergency button located on the device when you require assistance and should not rely exclusively on the use of a voice command to send an alarm signal to the Monitoring Center.
When the Monitoring Center authorized by Company receives an alarm signal from the Equipment, the service personnel at the Monitoring Center will attempt to alert the persons designated by the Subscriber and/or local public safety agencies such as law enforcement, fire and emergency medical services that normally provide the first response to an incident through 9-1-1 (“Responders”). After receiving an alarm signal from the Equipment, and before alerting Responders, the Monitoring Center service personnel may contact you to confirm that assistance is required and that Responders need to be alerted. Based on the information received, the Monitoring Center service personnel may decide not to alert Responders or tell the Responders to disregard an alert. You acknowledge that you understand that Company and our designated Monitoring Center do not respond to an alarm signal except, at our discretion or at the discretion of our designee, verify the need for assistance and alert Responders. You acknowledge that you understand that Monitoring Service is covered by the provisions in this Agreement exculpating and limiting our liability.
You acknowledge that you understand that a 9-1-1 center or communications center may be designated as the Primary Responder. You assume all liability if you do not designate a 9-1-1 center or communication center as the Primary Responder. When the Monitoring Center authorized by Company receives an alarm signal from the Equipment, the service personnel at the Monitoring Center will attempt to first contact the Primary Responder, followed in order by the list of Responders in the first page of this Agreement. If you do not designate a 9-1-1 center or communications center as the Primary Responder, and if we are unable to notify the designated Primary Responder upon receiving an alarm signal, the Monitoring Center may notify a 9-1-1 or communications center at its discretion. Following a notification to a 9-1-1 center or communications center, the Monitoring Center may attempt to notify the remaining Responders you designated in the first page of this Agreement. You acknowledge that you understand and agree to indemnify Company and the Monitoring Center with respect to any fees, false alarm fines, damages to property or personal injury caused by Responders responding to any alarm, whether false alarm or otherwise, or the refusal of the Responders to respond.
You understand and agree that the Equipment and Monitoring Service are not foolproof and may encounter failure or delay in the Monitoring Center and/or Responders receiving and responding to an alarm. The amount of time required for the Monitoring Center to receive an alarm and alert Responders, and/or for Responders to provide assistance is unpredictable with many contributing factors, including distance between your location and the location of Responders, road conditions, availability of Responders to respond to an alarm, and factors described under Section 9 (Cellular Communication Use Limitations). You understand and agree that the use of the Equipment and Monitoring Service involves risk, uncertainty, and possible injury, disability or death from a failure or delay in responding to an alarm, for which you will not hold Company or Responders responsible or liable. You hereby release Company and Responders from all claims, injuries, damages, and losses that may be caused by a delayed response.
The state or municipality in which you intend to use the Equipment and Monitoring Service may have certain laws, regulations and ordinances that require you to obtain permits and other forms of authorization for the use of the Equipment and Monitoring Service. You are solely responsible for obtaining and maintaining all required permits and other forms of authorizations and for the payment of fees, fines and other charges levied by the state or municipality. You agree that Company shall have no liability for any damages or injuries caused by Responders while responding to an alarm, whether false alarm or otherwise, or the refusal of Responders to respond to an alarm. You agree to indemnify or reimburse Company for any fees, fines and other charges related to permits and other forms of authorization or false alarms.
If you are not able to provide the Responders with access to the premises where assistance may be needed, the Responders may use force to gain entry to such premises. You agree Company and Responders shall not be liable for any physical or property damage or personal injury caused by Responders entering the premises in response to an alarm, false alarm or otherwise. You hereby release Company and Responders from all claims, injuries, damages, and losses that may be caused by a forced entry to the premises.
The Equipment and Monitoring Service are only for your personal use. You understand and agree not to use the Equipment and Monitoring Service for business or commercial purposes and you hereby waive any claims against Company that arise from using them for business or commercial purposes.
Company shall instruct the Subscriber in the proper installation and use of the Equipment by providing self-installation and self-testing instructions for the Subscriber. Company shall not be liable for any claims, injuries, damages, and losses that may be caused by improper (or delay in) installation or use of the Equipment. The subscriber is solely responsible for regularly testing the Equipment as instructed in the self-installation instructions to verify that the Equipment is properly functioning. It is also the sole responsibility of the Subscriber to notify Company if the Equipment is not operational for any reason and needs to be repaired or replaced.
Company makes no guarantee of a start date for providing the Subscriber with Monitoring Service. Monitoring Service will start after the required information from the Subscriber has been recorded by the Monitoring Center and a test signal from the Equipment has been received by the Monitoring Center.
You are solely responsible for regularly testing the Equipment to verify that the Equipment is properly functioning and that the Monitoring Center can respond to an alarm signal. It is also your sole responsibility to notify Company if the Equipment is not operational for any reason and needs to be repaired or replaced. Upon your request for repair or replacement, Company will arrange for the pick-up and delivery of the Equipment at no cost to you. You are not obligated to make payment for the Equipment or Monitoring Service while the Equipment is not in working order. You acknowledge that you understand that Company does not provide a warranty for the Equipment and that Company is not obligated to repair and replace Equipment damaged by accident, negligence or mistake, improper installation or use, unauthorized attempt to repair, or any other reason besides normal wear and tear. The Equipment may be equipped with tamper resistant and tamper detection capability. Any evidence of unauthorized tampering of the Equipment that is returned to us may result in a charge of $375.
You agree that Company has the right to assign to and subcontract with third parties any of our services and obligations under this Agreement without your approval and without notice to you. You agree that Company may share or transfer your personal information and that of other individuals provided by you to third parties, including our affiliates, successor corporations, subcontractors and applicable authorities having jurisdiction that requests such information to administer Monitoring Service or other services. You agree to release Company from all claims, injuries, damages, and losses that may be caused by the negligence of third parties. You understand and agree that this Agreement, in particular paragraphs relating to Equipment and Monitoring Service use limitations, limitation of liability and indemnification, are applicable to third parties that we subcontract services with or assign this Agreement to.
Company does have the right to assign this Agreement and subcontract any obligation under this Agreement without your approval and without notice to you. Subscriber may not assign this Agreement without prior written consent from Company.
Subscriber on its behalf and any insurance carrier waives any rights of subrogation Subscriber’s insurance carrier may have against Company or its employees, officers, subcontractors, partners, or equipment manufacturers for money paid to you on your behalf. Subscriber understands and agrees that Company is not an insurer and that we are not providing you with insurance of any type.
You understand and agree that the Equipment, Monitoring Service, and/or use of any equipment and services provided by Company do not cause and cannot prevent occurrences of events such as, but not limited to, health or medical problems, fires, accidents, and any other emergencies that may lead to loss, damage, injury, or death. You acknowledge that Company does not undertake any risk of loss, damage, injury, or death that you may be subject to if such events occur. You release, waive, discharge, and agree not to sue or bring any claim of any type against Company or its employees, officers, subcontractors, partners, or equipment manufacturers for loss, damage, injury, or death related to such events.
You agree that if there should arise any liability on the part of Company or its employees, officers, subcontractors, partners, or equipment manufacturers out of or in connection with (1) our negligence to any degree, (2) our failure to perform obligations under this Agreement, (3) Equipment, (4) Monitoring Service or other services, or (5) claims for subrogation, that all such liability will be limited to the maximum sum of $2000.00. You release, waive, discharge, and agree not to sue or bring any claim of any type against Company nor its employees, officers, subcontractors, partners, or equipment manufacturers for any loss, damage, injury, or death caused by and or in connection with the Limitations described in Section 8, Section 9, Section 10, and Section 13 of this Agreement.
COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SERVICE AND THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY TO COMPANY, COMPANY'S MAXIMUM LIABILITY CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $2000 UNDER THIS AGREEMENT. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVICE, 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.
Subscriber has read and understands all of this Agreement, and Company's maximum liability in the event of any loss, damage or injury to, or death of Subscriber
If anyone other than you, including your insurance company, asks Company or Company representatives to pay for any loss, damage, cost or expense (including economic losses, property damage, personal injury, or death) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including:
(i) the active or passive, sole, joint or several negligence of any kind or degree of Company or any of the Company representatives,
(ii) the improper operation of the Equipment or the failure of the Equipment or the Company’s system to operate,
(iii) a breach of contract, or
(iv) any claims for subrogation, indemnification or contribution, you agree to defend, indemnify and hold Company or its representatives harmless (without any condition that Company or Company representatives first pay) from any and all such loss, damage, cost and expense, including attorneys' fees, which may be asserted against or incurred by Company or any of the Company representatives in connection with any and all such claims to the fullest extent permitted by applicable law. Your duty to indemnify, including the cost and duty to defend and hold Company and its Company representatives harmless shall include all of the Company’s personnel-related costs, overhead, experts’ fees, actual attorney’s fees, court costs and all related expenses, including all fees and costs incurred to enforce and establish rights under this indemnification provision.
Company and Subscriber agree that there are no third party beneficiaries of this contract.
Company and Subscriber agree that both parties shall try in good faith to settle any and all disputes arising under this Agreement by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration or litigation.
Company and Subscriber waive trial by jury in any lawsuit, action or legal proceeding brought by either Party. Subscriber agrees that any litigation between parties must be commenced and maintained exclusively in the courts in the State of Oregon, and in the county where Company’s principal place of business is located. Subscriber agrees to waive your right to bring any lawsuit, action or legal proceeding in federal court.
You agree that Company is not an insurer and that Company is not providing you with insurance of any type. If you want insurance to protect against risk of loss, damage, injury, or death, you shall purchase it from an insurance provider. You acknowledges that your payments to Company are for the Equipment rental, Monitoring Service, and other services provided by Company, and that Company does not guarantee that no loss, damage, injury, or death will occur. You will look to your insurer and not Company to compensate you or anyone else for such events, injury, and loss, regardless of whether or not such events, injury, or loss was caused by or in connection with Companyi’s negligent performance to any degree or failure to perform any obligation in this Agreement. You release and waive for yourself and your insurer any claims against Company for indemnity, subrogation, or contributions.
Subscriber authorize Company to disclose any medical or other personal information provided by you to any third party Monitoring Center, Responders, or medical personnel requesting such information.
CONSENT TO DISTRIBUTION OF INFORMATION: Subscriber is providing Company with certain medical information for the purpose of providing the Service. Subscriber agrees that Company, Responders and any other party named in this Agreement all may receive the information contained in this Agreement or otherwise provided by Subscriber to Company or concerning the Service. Subscriber further agrees that in the event that a Responder or other assistance is sent to Subscriber's home (an “Incident”) Company may notify any or all of the parties listed in this section. Further, Subscriber releases Company from all liability, which may arise out of Company’s disclosure of information in this Agreement or about any Incident to the parties listed in this section. Subscriber acknowledges that all communications between Subscriber and Company may be recorded and Subscriber consents to such recording.
By signing this agreement, Subscriber acknowledges that he/she has received a Notice of Privacy Practices as required under the Standards for Privacy of Individually Identifiable Health Information; final Rule (45 CFR Parts 160 and 164). Subscriber consents to the use and disclosure of protected health and other information about them provided both on the Agreement and created in the course of providing the service as follows: Treatment: Company uses and discloses protected health information to provide, coordinate and manage Personal Emergency Response Services (PERS services). Company uses and discloses this information to third party health care providers and to other entities who need this information to ensure the provision of your PERS services.
Subscriber gives Company consent to record all telephone conversations. Subscriber agrees that Company owns all such recordings.
Company cannot provide Monitoring Service if the Monitoring Center, Equipment, or cellular network is damaged, inoperable, or malfunctions for any reason beyond our reasonable control. A Party shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to any other party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, pandemic, breakage or accident to machinery or equipment or any other cause or causes beyond such Party’s reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the Party or property or equipment of others which is deemed under the Operational Control of the Party. A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by a Party. Any Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder.