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 (“Care Recipient”), 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 participating in Wellness Calls immediately. Company or Subscriber may terminate this Agreement at any time by providing thirty (30) day’s notice.
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:
“Care Recipient” refers to the person selected by the Subscriber, and named as “Care Recipient” at the top of this Agreement, to receive Wellness Calls. If you are ordering for a Care Recipient other than yourself, you are agreeing to this Agreement on your behalf and on behalf of the Care Recipient that you are ordering for.
“Primary Contact” refers to the person or entity selected by the Subscriber and named as “Primary Contact” at the top of this Agreement, to be notified following an occurrence of a missed Wellness Call that was scheduled.
“Wellness Calls” refer to the in-person assurance phone calls we make to the designated Care Recipient. Wellness Calls can be used for regular check-ins, reminders about meals and activities, or friendly conversations.
“Wellness Pal” refers to one of our representatives that makes the Wellness Call.
“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, Wellness Calls, and other services.
“Service Termination Date” shall mean the date on which our obligation to provide you with Monitoring Service and Wellness Calls 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.
“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, Monitoring Service, and Wellness Calls.
Wellness Calls is a service we provide as part of our mission to support older adults that live alone at home. Included as an option with any one of our plans, our Wellness Pals will make in-person assurance calls up to two times a week to talk over the phone with a Care Recipient. Wellness Calls can be used for regular check-ins, reminders about meals and activities, or friendly conversations.
Among those who can benefit from Wellness Calls include Care Recipients that live alone, those who are vulnerable to health issues, those who wish to receive regular reminders to maintain important habits, or those who simply want to talk to someone on a regular basis.
Carenami reserves the right to modify, suspend, or terminate the offering of Wellness Calls for any and no reason by providing a written notice fifteen (15) days in advance. We may cancel and cease offering Wellness Calls if you default in performance on any part of this Agreement, or if we find reasons to believe that you have violated our anti-harassment policy while interacting with a Wellness Pal associate. If we cancel and cease to offer Wellness Calls to you, you can select to either maintain or terminate your PERS Monitoring Service subscription with us. If you select to maintain your PERS Monitoring Service you will continue to be charged monthly for the subscription plan at the rate you have selected. You acknowledge that you understand and agree that Company shall not be held liable for any loss, damage, or injury that may result from modifications, suspensions or termination of Wellness Calls and any other services that we provide.
We have the right to cancel and cease offering Wellness Calls if we find reasons to believe that you have violated our anti-harassment policy while speaking to a Wellness Pal. Examples of harassment include, but are not limited to:
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). You shall continue to perform your obligations under this Agreement after either Party terminates this Agreement or cancels the Subscription.
The monthly Subscription plan and rate you have selected includes Wellness Calls and 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. You will receive your first Wellness Call on the date that you had scheduled to receive the first call. You can schedule calls during enrollment and/or by using your online account. 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 Wellness Calls 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.
When you enroll for Wellness Calls, you will be asked to select the time and day of the week when you would like to receive calls. You may select to receive up to two calls each week between the hours of 9 AM to 7 PM Eastern Time. One of our Wellness Pals will place one or more telephone calls to you at or within a 30 minute window of your requested time. We do not guarantee that the calls will be made at the time you requested. While Wellness Calls typically last 2 to 3 minutes, the duration of a call can vary depending on your need. We do not guarantee a time duration for Wellness Calls, and it is at the sole discretion of our Wellness Pal to decide when to end a call.
If we are unable to speak with the Care Recipient after the first call attempt, we will attempt to call again up to 2 more times within the next 1 hour. If we are unable to speak with the Care Recipient after the third call attempt, we will notify the Primary Contact on file via a telephone call, SMS text message, and/or email. You acknowledge that you understand that Carenami cannot guarantee to establish communication with the Primary Contact, nor do we seek confirmation that the Primary Contact received the SMS text message and/or email notification. You agree that our involvement ends after we attempt to notify the Primary Contact of an unsuccessful Wellness Call, and that we cannot be held liable for (a) any actions taken or not taken by the Primary Contact or (b) any injuries, damages, and losses that may be caused by not establishing communication with the Primary Contact or by actions taken or not taken by the Primary Contact.
If there is an emergency and/or the Care Recipient requires medical help, you understand that you must contact the Monitoring Center using the medical alert Equipment we have provided to you, or directly contact one of your 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.
Wellness calls can be used for regular check-ins, reminders about meals and activities, or friendly conversations. We also monitor for local emergency alerts and advisories, such as severe weather warnings, and can check on the general well being of the Care Recipient during periods of vulnerability. The Primary Contact on file can also be designated to receive a short email summary following a wellness call (“Wellness Call Summary Report”), as a way for the Care Recipient to relay a reminder or a message to the Primary Contact. During Wellness Calls, Care Recipient may share with us or we may inquire information regarding the Care Recipient’s health, diet, family, friends, interests, hobbies, and other personal information that are required in order for us to provide services. We are sensitive to privacy issues and protecting personal information is very important to us. We only collect and use the information during Wellness Calls for the purposes of sending the Wellness Call Summary Report to the Primary Contact as described in Section 10 (Wellness Call Summary Reports).
You acknowledge that you understand Company is not a healthcare provider and any statement made by a Wellness Pal or any one of our representatives should not be used as a substitute for seeking healthcare advice from a medical professional. You agree to always seek advice regarding your health condition, medical diagnosis, medication, or treatment from a qualified medical professional.
When you enroll for Wellness Calls, you can select the option for a call summary (“Wellness Call Summary Report”) to be sent to the email address of the Primary Contact. If you select the option for Wellness Call Summary Report to be sent to the Primary Contact, we will ask for a verbal consent and permission from the Care Recipient at the end of each call for the report to be sent to the Primary Contact. The following steps describe how Wellness Call Summary Report works:
1. We request verbal consent and permission from the Care Recipient to allow us to ask a set of questions that will be included in the Wellness Call Summary Report, to be sent to the email address belonging to the Primary Contact.
2. If the Care Recipient provides verbal consent and permission, we proceed by asking the following questions:
a. Are there any reminders that you would like to inform the Primary Contact about?
b. Do you have any pains or discomforts that you would like to inform the Primary Contact about?
c. Is there any help that you wish to receive that you would like to inform the Primary Contact about?
3. We record and send the responses provided by the Care Recipient to the Primary Contact at the provided email address within 24 hours after completing the call.
You acknowledge that you understand that Company cannot guarantee to establish communication with the Primary Contact, nor do we seek confirmation that the designated contact received the Wellness Call Summary Report. You agree that our involvement ends after we send the Wellness Call Summary Report to the provided email address if verbal consent and permission is given by Care Recipient, and that we cannot be held liable for (a) any actions taken or not taken by the Primary Contact or (b) any injuries, damages, and losses that may be caused by either the Primary Contact and/or delegates receiving or not receiving the Wellness Call Summary Report, or by actions taken or not taken by the Primary Contact and/or delegates.
Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, and we do not record or share such information as part of Wellness Calls. You acknowledge that you understand that a Wellness Call Summary Report is not to be used as a substitute for healthcare advice or diagnosis from a medical professional. You agree to always seek advice regarding the Care Recipient’s health condition, medical diagnosis, medication, or treatment from a qualified medical professional.
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, Wellness Calls, 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 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, Wellness Calls, 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, Wellness Calls 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) Wellness Calls,
(iv) a breach of contract, or
(v) 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 acknowledge that your payments to Company are for the Equipment rental, Monitoring Service, Wellness Calls, 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 Company’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 authorizes Company to disclose any medical or other personal information provided by you and/or Care Recipient 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 Responders 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 or Wellness Calls if the Monitoring Center, Equipment, cellular network, or telecommunication equipment used to conduct Wellness Calls 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.