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Personal emergency response systems (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. These units are owned by Medical Guardian (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.
During the term of this Agreement, Company will provide monitoring and notification services seven (7) days per week, twenty-four (24) hours per day. 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 (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.
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. The Subscriber may not transfer this Agreement without prior written approval by Company.
The Subscriber understands that billing commences on the date services are ordered (further referred to as 'Point of Sale') and will be charged to the payment method authorized at the point of sale for the amount specified by Company. The renewal payment will be due each billing cycle (monthly, quarterly, or annual) unless and until this Agreement is terminated. The Subscriber authorizes Company to auto withdraw the renewal payment using the default payment method on file at the time the subscription is scheduled to renew. 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 associated with such collection action, except where prohibited by law.
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. The Subscriber may terminate this Agreement at any time by returning the equipment to Company at the Subscriber's expense. System should be returned to Medical Guardian, 109 Rogers Road Suite 3 & 4, Wilmington, DE 19801. Subscriber understands there is a three month minimum commitment for service. Any unused portion of the prepaid monitoring beyond the minimum three months will be returned to the Subscriber in the form of an electronic or check refund. In the event Subscriber cancels and equipment is returned within 10 calendar days from the point of sale a full refund will be issued.
If Subscriber fails to make payment, Company will notify Subscriber of the date Services will be terminated. All notifications of termination will be delivered to most recent billing address provided by Subscriber. Once Services are terminated, Company is not liable for injury or any expenses that may be incurred by Subscriber as a result of Services being terminated. If Company reactivates the Services, the Subscriber shall pay, in advance, Company's then prevailing reconnection fee. If the System is not returned within thirty (30) days following the termination of the Services, the Subscriber authorizes the Company to collect a one-time payment of Three Hundred Fifty Dollars ($350.00) for the cost of System and its accessories using the default payment method on file.
The Subscriber is 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. 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.
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.
The System may include, depending on the plan selected, a base station (wired or cellular), mobile device, cradle charger, pendant and automatic fall detection pendant. Company recommends using an RJ31X or equivalent telephone jack to give the wired base station priority over other telephones in the Subscriber premises. 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. 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 alarm 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 after the installation of any such services. 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, the Subscriber shall pay us the replacement price of up to Three Hundred Fifty Dollars ($350.00) 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 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 in the event of an emergency. 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.
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.
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. 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 Florida, 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.