THE SYSTEM. Personal Emergency Response Systems (PERS) (further referred to as “System”) are units that are plugged into telephone jacks or can be wireless. The System is loaned to you (further referred to as “Subscriber”) and is intended to be used only for medical or other personal emergencies. 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 by pressing a wearable pendant, assuming the Subscriber is within range of the system. Unless purchased these units are owned by Show Me Systems LLC (further referred to as “Company”) and are located at the Subscriber’s premise, since there is no other way to monitor the system without the System and accessories. Company is responsible only for notifying the personal emergency contacts that the Subscriber provides to Company and the appropriate emergency authority such as the fire department, police, or ambulance service (each a “Responder”). Company relies on the accuracy of the information the Subscriber provides about the Subscriber’s location and the Subscriber personal emergency contacts. It is the client’s responsibility to notify Company of any and all changes to address, phone number, emergency contacts, lock box code and billing information. Failure to do so may result in suspension of service or lack of the promptness, sufficiency or adequacy of the action of any Responders. Should the equipment be purchased by the Subscriber these terms and condition remain in effect as long as monitoring and/or notification service is provided by the Company.
SERVICES. During the term of this Agreement, Company will provide monitoring and/or notification services seven (7) days per week, twenty-four (24) hours per day. These services include the receipt, analysis and response to Personal Emergency Response (PERs) alarm signals and calls made through the System, and, if applicable, notification and location services through Company’s server (further referred to as “Services”). In the event a signal is received from the System, every reasonable effort will be made to promptly contact the Subscriber to determine whether it is necessary to contact a Responder. In the event a Responder is sent to the Subscriber home and cannot enter through the door, the Subscriber assume any and all risk of personal injury, loss or damage to the Subscriber premises or the contents thereof.
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 applies to and protects the 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. The Subscriber may not transfer this Agreement without prior written approval by Company.
PAYMENT. The Subscriber will be charged the amount specified by Company at the time the Subscriber ordered the System, beginning on the date the System is processed to be shipped to you. Payment will be due each billing cycle (monthly, quarterly, or annual) unless and until this Agreement is terminated. The Subscriber agrees 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, the Subscriber agrees to reimburse all reasonable attorneys’ fees and court costs associated with such collection action, except where prohibited by law. If you are receiving your System through Government grant or program, then the grant or program assumes all payment responsibility until the Company is notified of grant or program termination, at which time Subscriber will be given the option to continue service by resuming monthly payments or canceling their monthly service by turning in their System to Show Me Systems LLC.
TERM & TERMINATION. This “Term and Condition of Use” shall begin when the payment of the System has been successfully processed and will continue unless and until terminated as provided below. Company, in its sole discretion, may suspend the Services or terminate this Agreement. Upon failure to make payment, Company will notify client of suspension of service date, which will be 60 calendar days from Date of last due payment. All notices of cancelation will be delivered to most recent billing information provided by client. Once service is suspended, Company holds no liability for injury or expense that may be incurred by client as a result of service being suspended. If Company reactivates the Services, the Subscriber shall pay, in advance, Company’s then prevailing reconnection fee. Subscriber understands if Subscriber cancels, Subscriber is entitled to a full refund for unused prepaid monthly monitoring within 20 business days of receipt of delivery of returned System and all applicable accessories. Monitoring is charged on a monthly subscription plan and therefore any cancelations need to be made before the first of next month. However, the Subscriber may terminate this Agreement at any time by notifying the Company and returning the equipment to Company at the Subscriber expense. If cancelation is made after the first of the month a partial refund may be returned to you depending on the day of the month of cancelation. System should be returned to Show Me Systems LLC, 3755 N. State Hwy H, Springfield MO 65803. If the System is not returned within thirty (30) days following the termination or expiration of this Agreement, the Subscriber shall pay Company the current retail value for the cost of equipment and accessories of the System.
THE SUBSCRIBER RESPONSIBILITIES. The Subscriber is responsible for: (i) installing and testing the System in accordance with any applicable instructions, including performing a range test, GPS location 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. The Subscriber 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. The Subscriber must immediately notify Company in the event the Subscriber contact information, or that of a personal emergency contact, changes.
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. The Subscriber is 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 base station (wired or cellular), mobile device, cradle charger, PERS pendant, PERS button, and/or automatic fall detection pendant. Only those devices designated as PERs devices are monitored for emergency notification. When the wired base station is using the home phone line to connect to the monitoring center, the Subscriber will not be able to use the Subscriber home telephone to make other calls (including 911 calls). Therefore, the Subscriber may opt to have the System connected to a second telephone line or with cellular service. If the Subscriber chooses to use a second phone line, the Subscriber must provide that number to Company in addition to the Subscriber primary home phone number.
The Subscriber is responsible for ensuring that the Subscriber phone is in good working order. The use of DSL, VoIP or other broadband telephone service may prevent the System from transmitting alarm signals or interfere with the telephone line-seizure feature of the system (or both). DSL, VoIP or other broadband service should not be installed on a telephone number that is used for alarm signal transmission. If the Subscriber plans to install DSL, VoIP or other broadband service, the Subscriber should test the System immediately AND WEEKLY after the installation of any such services. It is strongly recommended that homes with DSL, VoIP or other broadband phone service utilize the wireless radio service for the Personal Emergency Response System. DSL and Broadband is not a reliable communication channel for Medial Alert Systems. 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. Damage caused by Fire, Water, Electrical Surges or any acts of Nature are not considered under equipment warranty. If the System becomes damaged as a result of (i) or (ii) above, the Subscriber shall pay us the replacement price of up the current retail market value for the System. The System and all monitoring software, computer codes and monitoring information remain Company’s sole and exclusive property. Should the equipment be purchased by the Subscriber the technology remains proprietary to the Company. All equipment should be tested on a monthly basis to confirm it is properly working.
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 the Subscriber 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 the Subscriber or others who use them. The System and the Services rely on the availability of the Subscriber home telephone service provider, 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 Fall Detection Pendant does not detect 100% of falls. If Client is able, Client should press your help button on Fall Detection Pendant or PERS pendant in the event of an emergency. 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, to the maximum extent permitted by law, all warranties whether express or implied, written, or oral, with respect to the System or the Services, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, systems integration, quiet enjoyment, or non-infringement. Company disclaims all warranties to or for the benefit of any other person whether express or implied. Company shall have no responsibility for Company products which are provided by third party manufacturers. 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 and shall be limited to a one (1) year period after 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. The Subscriber 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. The Subscriber further agrees 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.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding between the Subscriber and Company concerning the subject matter hereof and supersedes all prior discussions, agreements, and representations, whether oral or written and whether or not executed. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect. 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 Missouri, 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, the Subscriber agrees 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 on its website www.showmesystems.com and may also mail updated Terms and Conditions of Use to the Subscribers address on file.