Company shall not be responsible for losses or damages suffered by Subscriber caused by delay in response time or failure to respond by any person or authority notified by Company according to Subscriber’s instructions.

Many governmental jurisdictions have waiting periods from time of installation before a call can be made for police, emergency personnel or other services that may relate to Subscriber’s service. Company is bound by all laws that may pertain to the installation of any equipment or service for calls to police, emergency personnel, other authorities or other individuals. Subscriber understands and agrees that monitoring may not begin and equipment may not be activated until the end of two business days after the equipment is installed. Furthermore, Subscriber acknowledges that the activation of equipment and the start of service will not begin until: (1) Subscriber tests Subscriber’s equipment and/or system, (2) a test signal is successfully received by the central station, (3) Subscriber receives confirmation that such signal was received and (4) the Subscriber agreement is signed by the Subscriber or an eligible signer or Subscriber begins authorized use of the equipment or service, constituting acceptance of this Agreement. Company may decline to activate services if (a) Subscriber fails to provide all applicable information on the Subscriber Information Form (b) Company determines that SIM cards, in which some equipment contain, has been or will be used improperly or (c) Company determines in Company’s sole discretion that Subscriber will use the equipment or service in a manner that will violate this Agreement. Company may immediately terminate this Agreement at any time, and deny Subscriber access to or use of services, including without limitation, in the event Subscriber breaches this Agreement or engages in conduct that Company, in Company’s sole discretion, considers unacceptable. Company will notify Subscriber of this termination according to the manner detailed in section 15. Subscriber may terminate this Agreement at any time subject to the terms and conditions in section 8. Subscriber understands that Company assumes no liability for interruption or stoppage of monitoring service and any other services due to strikes, riots, severe weather, floods, storms, earthquakes, fires, power failures, interruption or unavailability of cellular network, radio towers, GSM network, wireless internet network, GPS network, tracking and telephone service, acts of God, Company being unable to subcontract for central station monitoring service 24 hours a day, 7 days a week or any other cause or such severe damages to Subscriber’s premises that continuing service would be impractical. Furthermore, Subscriber acknowledges that Company may stop or suspend monitoring services or any other services to the Subscriber due to any such cause. Additionally, Company may stop or suspend monitoring service or any other services if Company is unable to provide such services because of some action or ruling by any government authority.

Subscriber agrees that Subscriber, Subscriber’s family or others using the system will use it carefully as to avoid causing false alarms. This Agreement may be terminated by Company at any time if, in the opinion of the Company, excessive false alarms shall occur or other reason it deems necessary. Subscriber understands that many communities require an alarm system permit and/or registration. It is Subscriber’s responsibility to obtain and pay for all necessary permits and/or registrations. It is further understood that Company will not be responsible for any fines or fees relating to Subscriber’s failure to obtain such permits and/or registrations or any such fine or fees resulting from false alarms and that in the event of a fine, penalty or other fee that is assessed against Company by any governmental, municipal or emergency medical agency as a result of any alarm originating from Subscriber, Subscriber agrees to reimburse Company in that amount. Company shall not be required to notify, police, fire or emergency services if Subscriber does not have all necessary permits for the alarm being monitored, and has provided Company with permit numbers. Company does not represent that it has achieved any security certification or other permission, permit, or license from any local, state, or federal government agency or other public or private authority. Subscriber consents and agrees that any responder, authority, law enforcement or other emergency medical personnel notified to enter Subscriber’s residence or place of location may enter with force, if necessary. SUBSCRIBER HEREBY WAIVES ANY CLAIM AGAINST COMPANY, AUTHORITIES, RESPONDERS, AND ANY LAW ENFORCEMENT AND/OR EMERGENCY MEDICAL PERSONNEL AND RELEASES AND DISCHARGES SUCH PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE DONE TO THE RESIDENCE, SUBSCRIBER’S PROPERTY OR SUBSCRIBER IN MAKING SUCH AN ENTRY, AND SUBSCRIBER HEREBY AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND COMPANY, COMPANY’S SUPPLIERS, THE CENTRAL STATION, THE RESPONDER, AND ANY OF COMPANY’S OR SUCH PARTIES’ AUTHORIZED REPRESENTATIVES FOR ANY LOSSES INCURRED BY COMPANY OR SUCH PARTIES IN CONNECTION WITH SUCH FORCED ENTRY. SUBSCRIBER ACKNOWLEDGES THAT THIS PROVISION COULD REQUIRE SUBSCRIBER TO PAY SIGNIFICANT AMOUNTS AS REIMBURSEMENT TO COMPANY OR SUCH PARTIES IN THE EVENT THAT COMPANY, THE CENTRAL STATION, THE RESPONDER AND/OR ANY OF COMPANY’S OR SUCH PARTIES’ AUTHORIZED REPRESENTATIVES IS REQUIRED TO PAY, OR AGREES TO PAY, ANY THIRD-PARTY FOR DAMAGE TO SUCH PERSON OR SUCH PERSON’S PROPERTY. If Subscriber has a lock box and provides information to Company on the Subscriber Information Form about such a lock box’s whereabouts in the vicinity of Subscriber’s premise and its combination, Company’s sole and only obligation upon receipt of a signal, shall be to make every reasonable effort to transmit the whereabouts of such a lock box and its combination to the authorities, if listed, and/or one party listed as a responder whose names and telephone numbers are provided to Company by Subscriber on the Subscriber Information Form, unless there is reason to assume that an emergency condition does not exist. Company has fulfilled its obligation after going through the list one time or after communicating with the listed authorities and/or one party listed as a responder of the lock box and the combination and Subscriber understands and agrees upon doing so Company has fulfilled its obligation. Subscriber agrees to be charged Company’s then-rates, for such additional service, an additional one time service fee or as added and incorporated into the Monthly Service Fee on the Subscriber Information Form. Furthermore, Subscriber releases and discharges Company from any and all liability or responsibility for injury or damage done to the residence, Subscriber’s property or Subscriber upon entry and that any decision made by that party or parties of method of entry or action taken or not taken once arriving at Subscriber’s location including without limitation which hospital Subscriber is sent to or which medical action to take is the sole discretion of those parties and does not in any way or form represent the Company, its agents or representatives. Subscriber agrees that the responders listed on the Subscriber Information Form that was provided by Subscriber are not agents or representatives of Company and any action taken by them shall in no way be imputed to Company. Subscriber understands that the central station will not send any Company or central station personnel in response to any emergency signal.

Subscriber agrees to pay, Company, its agents or assigns, according to Subscriber Information Form in the Service Cost Information section, the Total Due fee, paid in advance, and the recurring monthly monitoring service fee plus all applicable taxes, paid in advance, according to the billing cycle, for a period of twelve months from the effective date and thereafter this Agreement shall automatically renew itself for a period of twelve months which commences upon the expiration of the original twelve months or any renewal period. Upon expiration of the initial term of this Agreement of twelve months or upon the expiration of any automatic renewal, Subscriber may give notice sixty days prior to such expiration that Subscriber does not desire to renew this Agreement. Such notice must be in writing and sent via certified mail, return receipt requested. Otherwise, Agreement will automatically renew itself. Subscriber agrees to pay Company a one hundred and seventy five dollar termination fee if Subscriber wishes to terminate this Agreement before each term of this Agreement is expired. Company may charge Subscriber, up to the highest amount permitted by law, for returned checks or other payments paid by Subscriber and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive Company’s right to collect all amounts that Subscriber owes Company. Company may restrict Subscriber payment methods to cashier's check, money order, or other similar secure form of payment at any time, in which Company’s sole opinion, considers for good reason. Subscriber agrees (a) that Subscriber has 30 days to either activate or return Company’s equipment from the time Subscriber receives it (documented issuance of a written receipt) (b) that costs involved in returning the equipment including without limitation delivery or shipping costs are the sole responsibility of Subscriber (c) to be charged for Company’s equipment if not activated or returned to Company (documented issuance of a written receipt) within the first 30 days of receiving it. Subscriber agrees to provide Company at the time of purchasing Company’s service or product a valid credit card or ACH payment as a security to pay for any fees or penalties referenced in this Agreement and/or for non-returns or damage of Company’s equipment. Subscriber hereby agrees and authorizes Company to charge Subscriber for any fees or penalties referenced in this Agreement and/or for non-returns or damage of Company’s equipment by the same method of payment originally submitted to Company for the monthly fees or by the credit card or ACH that was provided by Subscriber as a security at the time of Subscriber’s purchasing Company’s service or product. Furthermore, Subscriber agrees it is the sole choice of Company as to which payment method to choose for such charges. In the event service is terminated for any reason, Subscriber is responsible to have the system reprogrammed or altered in such a manner as to insure that Company can receive no signal. Failure to do so shall result in continued monitoring fees. Additionally, Subscriber is responsible for all charges incurred until Subscriber notifies Company in writing by certified mail, return receipt requested, of desire to terminate this Agreement, at which time charges will be stopped. Subscriber understands and agrees that Company does not refund for partial months paid and that it is the Subscriber’s responsibility to request any refund or credit for other months prepaid or for any other refund or credit, otherwise the Company shall not consider refunding or crediting Subscriber. If Subscriber does request a refund or credit, it is Company’s sole discretion whether to accept or decline such a request. Subscriber agrees Company shall have the right to increase the operating and service charges provided herein at any time after six months from the date hereof, upon giving Subscriber notice in writing of such increase. Should Subscriber be unwilling to pay such increase charges, Subscriber may cancel the then unexpired term of this Agreement by notifying Company in writing by certified mail, return receipt requested, within fifteen days of the notice of such increase.

The parties agree that due to the nature of the services to be provided by Company, the payments to be made by the Subscriber for the term of this agreement form an integral part of Company’s anticipated profits; that in the event of Subscriber’s default it would be impossible to fix Company’s actual damages. Therefore, in the event Subscriber defaults in the payment of any charges for service of any kind as provided by Company, the entire balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable therefore, and Company shall be permitted, at its option, to remove any and all equipment without relieving Subscriber of any obligation hereunder. If payment terms are not met, Subscriber agrees to pay Company’s service charge for billing and collection one and one half per cent or fraction thereof on the unpaid balance and all court charges, attorney fees, collection fees, private processing or service charges, incidental costs and attorney fees of twenty-five percent of every amount due company related to such collection including but not limited to the cost incurred for the time of any employee of Company including his wages and any benefits. Subscriber authorizes Company to investigate Subscriber’s credit record, and to report Subscriber’s payment performance under this Agreement to credit agencies and credit reporting services. 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. This waiver is irrevocable and may not be modified either orally or in writing. To the extent permitted by law, Subscriber agrees that Subscriber will not bring any class action lawsuit against Company or be a representative plaintiff or plaintiff class member in any such lawsuit. Additionally, in any action commenced by Company against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. Company shall not be required to render any service when Subscriber is in default of any fee or action required by this Agreement that is not cured within twenty days of its due date. The following shall constitute default: (a) The nonpayment by Subscriber for a period of twenty days of any sum required hereunder to be paid by Subscriber, (b) any affirmative act of insolvency by Subscriber, or filing by Subscriber of any petition under any bankruptcy, reorganization, insolvency, or moratorium, or any law for relief of our relating to debtors, (c) the filing of any involuntary petition under any bankruptcy statute against Subscriber, or appointment of any receiver or trustee to take possession of the property of Subscriber, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within thirty days of the date from filing or appointment, (d) the subjection of any of the Subscriber’s property to any levy, seizure, assignment, application, or sale for or by any creditor or government agency. In addition, should Subscriber be in default, Company may alter equipment in such a manner as to render said equipment unusable by Subscriber without prior notice to Subscriber. Company shall not be required to render service during any telephone, GSM, GPS, cellular, tracking, wireless internet, central station equipment or service or other equipment or service failure. Company assumes no liability for delays in installation or activation or delays or failure to provide service during any equipment and/or telecommunication, GSM, GPS, cellular network, tracking, GPS satellite data and/or wireless internet failures. Subscriber may not resume service after suspension due to default until Subscriber pays a thirty five dollar ($35.00) reactivation charge and brings the account current.

1. A personal emergency response system that is used when Subscriber is having an emergency. It is a console that is connected to Subscriber’s phone line and can be activated by pressing the appropriate button on it for an emergency. After activation by pressing this button the Subscriber will be able to communicate with an operator through the console’s powerful speaker and sensitive microphone.
2. A wireless transmitter that can be worn by the Subscriber as a wrist band, necklace or belt clip which will activate the console when it is pressed. This accessory is included with the console at no extra charge.
3. Some of Company’s consoles have additional features. There may be a charge for these additional features. The following are the additional features:
   • activity timers that monitor the Subscriber’s activity to confirm that they are up and moving about. If a preset amount of time elapses before either an activity transmitter is triggered or the console’s button is pressed the central station will be notified and take appropriate action.
   • reminder messages help the Subscriber remember to take medications, get ready for an appointment, etc. The console can be configured to play reminder messages from its on-board library. Reminder messages are played and repeated until acknowledged by the subscriber.
   • remote control speaker phone feature will monitor the telephone line for an incoming call. Activating any emergency transmitter while the telephone is ringing will cause the console to seize the line and begin speakerphone communications. Activating any emergency transmitter during the call will disconnect the line.
   • temperature sensors that detect high and low temperatures in the Subscriber’s home so Company’s central station can alert the Subscriber of potentially hazardous temperature conditions.
4. Company can provide additional safety and intrusion detectors as accessories for this product. These wireless accessories automatically send a signal via the console to the operator who will then notify the authorities if necessary. There are extra fees for each accessory. 1. The following are the safety detectors:
   • smoke detectors that detect smoke
   • carbon monoxide detectors that detect carbon monoxide
   • door/window transmitters that function by resetting an activity timer as long as the transmitter is triggered before the activity timer expires. It can be mounted on a door, drawer, refrigerator door, or any moving object that is used by the Subscriber regularly.
   • flood detectors detect the presence of water in basements and many others applications, providing early warning of developing floods.
   • natural gas detectors provide rapid warnings about the presence of natural gas (Methane CH4) in the air commonly used for cooking, home heating and water heating.
   • passive infrared motion detector transmitter detects movement in the home and resets the activity timer before the activity timer expires thereby preventing an inactivity alarm.
   • large emergency alarm transmitters that function like a regular wireless transmitter that the Subscriber wears but is larger and can be wall mounted in various places throughout the home.
   2. The following are the intrusion detectors:
   • door/window transmitters that function to trigger an emergency alarm once a window or door is opened by an intruder.
   • glass break detectors that detect breaking of different types of glass including plate, tempered, laminated and wired.
   • motion detectors that detect intruders and trigger an emergency alarm to the central station.
   • cellular modules that send the appropriate alarm report to the central monitoring station via the cellular communication module instead of the standard telephone network. In situations where intruders cut the phone line this accessory will still allow the console to send signals through the cellular network. Subscribers who do not have a standard telephone line will benefit most from this.
5. Another personal emergency response system that Company can provide for an additional fee is a console that comes with a wireless transmitter that has a speaker and a microphone in the wireless transmitter. The Subscriber can communicate directly through the wireless transmitter to the operator without needing to speak through the console. It will work in the vicinity of the console. This wireless transmitter is included with this type of console.
6. Company can provide another console that comes with a wireless transmitter that can automatically detect a fall without the Subscriber needing to press it and will activate the console to send a signal to the operator. Subscriber will then speak to the operator through the console. The fall detector accessory is included with this console at an extra charge. SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT INCLUDING WITHOUT THE LIMITATION THE FALL DETECTOR TECHNOLOGY DOES NOT DETECT FALL WITH PERFECT ACCURACY OR PRECISION. IF THE SUBSCRIBER NEEDS HELP, SUBSCRIBER MUST ALWAYS PUSH THE HELP BUTTON ON SUBSCRIBER’S WEARABLE DEVICE OR BASE UNIT.
7. Company can provide a mobile personal emergency response system for an extra charge. This functions the same ways as a traditional personal emergency response system. However, it can be used anywhere in the United States where there is coverage through the cellular provider and there is cellular reception. The Subscriber presses the button on this product and communicates through it. It can be worn as a necklace, wrist band or belt clip as well. This product also has GPS as an additional feature.
8. Company can provide a monitored medication dispenser with reminders. This product will remind the Subscriber to take medications and is monitored as well. Caregivers can monitor Subscriber’s history online and can also be notified if Subscriber misses a dose. Company has two different types of monitored medication dispenser with reminders. One that has to be connected to a phone line and one that can utilize the cellular network without the need to connect to a phone line.
9. Company can provide a lock box. A lock box is a metal box in which a spare key is kept. It can be opened only with a combination. Subscribers would hang the lock box in an area around the home and Company will notify authorities of the combination and the whereabouts to allow easy entry without force as explained in section 7 above.

The equipment provided to Subscriber is listed on the Subscriber Information Form and is provided as new or reconditioned equipment at Company’s sole option and shall remain the sole property of Company. The Subscriber hereby authorizes Company, its agents or assigns to install, when necessary, the aforesaid equipment and make inspections, tests and changes or alterations to said equipment at Company’s expense. If the inspections, tests or changes are made necessary by any change in or damage to Subscriber’s premises, property or equipment (after the original installation of equipment) and are at Subscriber’s request, all such inspections tests and changes are at the expense of the Subscriber. Subscribers will not personally make, or cause to be made by others, any repairs or alterations to material or equipment. Company upon termination of this Agreement for any reason may enter and remove the aforesaid equipment without obligation to repair or decorate any portion of Subscriber’s premises or system and the removal of such equipment shall not constitute a waiver of any charges which have or shall accrue in favor of Company. If Subscriber purchases the aforesaid equipment, Company maintains the right to enter and remove such equipment if Subscriber is in default as described in section 9. Subscriber hereby warrants that Subscriber has the full authority of the owner of the premises to permit the installation, connection, or removal of said equipment. The parties hereto agree that the equipment, once installed, is in the exclusive control of the Subscriber. Subscriber releases and forever discharges Company from any and all liability and responsibility which may be caused by, relate to or arise out of the Subscriber’s inability to activate the equipment, or the malfunction or failure of the equipment, batteries or systems to operate, either in whole or in part. Furthermore, Subscriber acknowledges that Company has no knowledge regarding the equipment, once it has been installed, if it is functioning properly and/or if it is being used correctly. It is the Subscriber’s responsibility to use the equipment in the way that it was intended and to test the operation of the equipment. Subscriber acknowledges that selection of equipment and design of any system was the sole choice of the Subscriber and has in no way relied on the Company for such selection or design. Subscriber is aware of limitations of any equipment and in particular methods of providing communication and signals for monitoring service and telephone cut considerations. Furthermore, Subscriber is aware that any GSM, GPS, tracking, cellular and/or wireless internet equipment or service may not function or accurately track Subscriber’s location and may not properly facilitate the notification of monitoring station personnel in the event of an emergency, depending in part on such factors including without limitation the availability of accurate tracking information and GSM or cellular service in the area, location and building where such an emergency occurs, network capabilities, environmental conditions, atmospheric or topographical conditions which factors are beyond the control of Company. Subscriber is aware that equipment will not function outside of the forty-eight contiguous United States. Should repairs be required, for a period of one year from date of installation, Company shall repair or replace any part of installed equipment that shall become defective during normal use as a result of wear and tear at no cost to the Subscriber except costs of delivery or shipping of the equipment to and back from the Company. However, in the event the equipment is within the service area of Company, Company may, if it chooses, service the equipment on the premises or pick up the equipment or send a courier for pickup of the equipment at Company’s then-current service fee. Company reserves the option to either replace or repair the equipment, and reserves the right to substitute materials of equal quality in Company’s opinion at time of replacement in fulfillment of its obligation. Wireless transmitters are included within the scope of this obligation except that the obligation shall be for a period of thirty days from date of installation and not one year. Console batteries are not included within the scope of this obligation. If Subscriber’s equipment is lost or stolen, Subscriber is responsible for all charges incurred until Subscriber notifies Company of the loss and at which time Subscriber shall inform Company whether termination of this Agreement is desired. Subscriber understands and agrees to pay Company’s then-current rates for the stolen or lost equipment even if Subscriber chooses to terminate this Agreement. If Subscriber decides to continue service, Company will apply the remaining term of this Agreement to Subscriber’s replacement equipment. Subscriber agrees to pay for costs of delivery or shipping of the equipment from the Company and in the event the equipment is within the service area of Company, Company may, if it chooses; bring replacement of the equipment to Subscriber’s premises at Company’s then-current service fee. Company reserves the option to either replace the equipment with new or reconditioned equipment and to substitute materials of equal quality in Company’s opinion at time of replacement. If Subscriber desires that instead of requesting replacement for the lost or stolen equipment to terminate this Agreement, Subscriber will incur the termination fee stated in section 8 of this Agreement. Company shall not be required to make repairs other than during regular business hours. If service is requested by Subscriber after regular business hours or for service not required to be provided by Company, it shall be provided with a charge to Subscriber at Company’s then-current rates for time and materials. Company’s obligation will not apply to equipment rendered defective by abuse, acts of God, rodents or pets, destruction or damage from other than normal usage, failures due to: (a) telecommunication, (b) GPS services, (c) tracking services, (d) location services, (e) GSM services, (f) cellular services and/or (g) wireless internet services, repair or service attempted or performed by any other person than the Company’s agents, employees or representatives. Company’s determination of cause of defectiveness or non-operation of equipment shall prevail. Nothing herein shall be interpreted as holding Company liable for any consequential damages suffered by Subscriber or third parties or for any loss, damage, injury or death to persons or property. The performance of this service for the one year period is expressly made in lieu of warranties of merchantability, fitness for use, accuracy, systems integration, quiet enjoyment, or non-infringement and any other warranties expressed or implied. It is understood that if service is requested during the first year period and such service requested does not fall within the responsibility of Company then Subscriber will be charged the prevailing fees charged by Company for time and materials. This shall include but not be limited to calls for service when not actually required as determined by Company or when no one is at premises when service or pick-ups are scheduled. Subscriber may purchase an extended service plan which provides for repair of equipment. There is an additional fee for the extension of this service, which becomes a part of the monthly fee structure set out in the Service Cost Information section in the Subscriber Information Form. SUBSCRIBER UNDERSTANDS THAT THE SAID EQUIPMENT WILL NOT WORK WITH EQUIPMENT USED BY OTHER COMPANIES OR CENTRAL STATIONS.

If anyone other than Subscriber asks Company to pay for any harm or damages (including property damages, personal injury or death) connected with or resulting from (i) Company’s breach of this Agreement or failure of the system, equipment or services, (ii) Company’s negligence, gross negligence or failure to perform (iii) any other improper or careless activity of Company in providing the system, equipment or service or (iv) a claim for indemnification or contribution, Subscriber will pay to Company (a) any amount which a court orders Company to pay or which Company reasonably agrees to pay, and (b) the amount of Company’s reasonable attorney’s fees and any other loss or costs that Company may pay in connection with the harm or damages, unless prohibited by Subscriber’s homeowners or other property insurance policy. Subscriber agrees to release Company from any claims of any parties suing through Subscriber’s authority or in Subscriber’s name, such as Subscriber’s insurance carrier(s) and Subscriber agrees to defend Company against any such claim. Subscriber will notify Subscriber’s insurance carrier(s) of this release. Subscriber agrees to and shall indemnify, defend and hold harmless Company and its employees or agents from and against all liability, damage, cost, loss, expense and claims, including reasonable counsel fees, brought by parties other than the parties to this Agreement (including without limitation, claims by responders, other emergency personnel and persons whose property is in the custody of Subscriber). This provision shall apply to all liability, damage, cost, loss, expense and claims regardless of cause, including Company’s performance or failure to perform, and includes, without limitation, defects and installation, service operation or non-operation of the equipment.

WARNING: THE EQUIPMENT HAS NOT BEEN TESTED TO DETERMINE IF IT INTERFERES OR INTERACTS WITH PACEMAKERS, DEFIBRILLATORS OR ANY OTHER MEDICAL OR ELECTRONIC DEVICES. THEREFORE CONSULT A HEALTH CARE PROFESSIONAL BEFORE USE. SUBSCRIBER ACKNOWLEDGES THAT COMPANY DOES NOT REPRESENT NOR WARRANT THAT THE EQUIPMENT INSTALLED OR MONITORING SERVICE WILL PREVENT ANY LOSS, DAMAGE, DEATH OR INJURY TO PERSON OR PROPERTY DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THERE FROM, OR THE EQUIPMENT INSTALLED AND SERVICE PROVIDED WILL IN ALL CASES PROVIDE THE PROTECTION, DETECTION OR DIVERSION FOR WHICH IT IS INSTALLED OR INTENDED AND THAT SUBSCRIBER HAS NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY COMPANY. COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE CENTRAL STATION’S RESPONSE AND HAS NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED. SUBSCRIBER CONSENTS AND AGREES THAT ANY RESPONDER, AUTHORITY, LAW ENFORCEMENT OR OTHER EMERGENCY MEDICAL PERSONNEL NOTIFIED TO ENTER SUBSCRIBER’S RESIDENCE OR PLACE OF LOCATION MAY ENTER WITH FORCE, IF NECESSARY. FURTHERMORE, SUBSCRIBER RELEASES AND DISCHARGES COMPANY FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE DONE TO THE RESIDENCE, SUBSCRIBER’S PROPERTY OR SUBSCRIBER UPON ENTRY AND THAT ANY DECISION MADE BY THAT PARTY OR PARTIES OF METHOD OF ENTRY OR ACTION TAKEN OR NOT TAKEN ONCE ARRIVING AT SUBSCRIBER’S LOCATION INCLUDING WITHOUT LIMITATION WHICH HOSPITAL SUBSCRIBER IS SENT TO OR WHICH MEDICAL ACTION TO TAKE IS THE SOLE DISCRETION OF THOSE PARTIES AND DOES NOT IN ANY WAY OR FORM REPRESENT THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SUBSCRIBER AGREES THAT THE RESPONDERS LISTED ON THE SUBSCRIBER INFORMATION FORM THAT WAS PROVIDED BY SUBSCRIBER ARE NOT AGENTS OR REPRESENTATIVES OF COMPANY AND ANY ACTION TAKEN BY THEM SHALL IN NO WAY BE IMPUTED TO COMPANY. SUBSCRIBER UNDERSTANDS THAT THE CENTRAL STATION WILL NOT SEND ANY COMPANY OR CENTRAL STATION PERSONNEL IN RESPONSE TO ANY EMERGENCY SIGNAL. FURTHERMORE, SUBSCRIBER ACKNOWLEDGES THAT THE EQUIPMENT INSTALLED AND SERVICE PROVIDED IS NOT A SUBSTITUTE IN THE CASE WHERE ANY MEDICAL CARE IS NEEDED AND THAT IT DOES NOT TAKE THE PLACE FOR A HUMAN OR MEDICAL CARE PROFESSIONAL THAT MIGHT BE BETTER SUITED FOR A PARTICULAR SITUATION. THE CENTRAL STATION SHALL NOT BE OBLIGATED TO PERFORM THE SERVICE DURING ANY TIME WHEN THE EQUIPMENT IS INOPERATIVE OR POWERED OFF. SUBSCRIBER ACKNOWLEDGES THAT A PORTION OF SOME EQUIPMENT RELIES UPON THE AVAILABILITY OF GPS COVERAGE, WIRELESS INTERNET NETWORK AVAILABILITY, AND/OR CELLULAR NETWORK COVERAGE TO OPERATE PROPERLY AS WELL AS THE AVAILABILITY OF SATELLITE GPS DATA, BOTH OF WHICH ARE PROVIDED BY A THIRD PARTY THAT IS NOT CONTROLLED BY COMPANY. COMPANY MONITORS AND COLLECTS TRACKING INFORMATION (AS DEFINED IN THE PRIVACY STATEMENT) FROM SUCH EQUIPMENT USING A NETWORK OF A THIRD PARTY WIRELESS SERVICE CARRIER (“WIRELESS CARRIER”) AND EQUIPMENT PROVIDED BY COMPANY OR BY AUTHORIZED DISTRIBUTORS. SUBSCRIBER AGREES NOT TO USE EQUIPMENT WITH ANY OTHER SERVICE. HOWEVER, THIS AGREEMENT IS SOLELY BETWEEN SUBSCRIBER AND COMPANY, AND DOES NOT CREATE ANY CONTRACTUAL RELATIONSHIP BETWEEN SUBSCRIBER AND THE WIRELESS CARRIER; AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND THE WIRELESS CARRIER OR SUBCONTRACTOR OF WIRELESS CARRIER. COMPANY RESERVES THE RIGHT TO SET LIMITS ON THE USE OF ITS SERVICES AT ITS DISCRETION. SUBSCRIBER ACKNOWLEDGES THAT COMPANY IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN AND THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER’S PERSON, PREMISES OR ITS CONTENTS OR OTHER PERSONS WHO MAY USE THE SYSTEM AND THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY AND BE THE SOLE RESPONSIBILITY OF SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO COMPANY HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF LIFE AND PROPERTY LOCATED ON SUBSCRIBER’S PREMISES. SUBSCRIBER’S EXCLUSIVE REMEDY FOR COMPANY’S DEFAULT HEREUNDER IS TO REQUIRE COMPANY TO REPAIR OR REPLACE, AT COMPANY’S OPTION, ANY EQUIPMENT COVERED BY THIS AGREEMENT WHICH IS NON-OPERATIONAL. COMPANY SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY THAT FURNISHES ANY PART OF THE SERVICES, OR THAT FURNISHES PRODUCT(S) OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES PARTICIPATING IN OFFERS MADE THROUGH COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR EQUIPMENT MANUFACTURED BY, THIRD PARTIES. THE PARTIES AGREE THAT THERE SHALL BE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT WILL NOT DETECT AN UNAUTHORIZED INTRUSION ONTO THE PREMISES OR OTHER EMERGENCY CONDITION OR ISSUE INCLUDING WITHOUT LIMITATION BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUES, NATURAL GAS, WATER DAMAGE OR HAZARDOUS TEMPERATURE CONDITIONS UNLESS SUBSCRIBER CONTRACTS FOR AN ACCESSORY OR A PRODUCT WHICH MONITORS FOR INTRUSION, BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUES, NATURAL GAS, WATER DAMAGE AND/OR HAZARDOUS TEMPERATURE CONDITIONS. IF NOT WITHSTANDING THE TERMS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF THE COMPANY AS A RESULT OF ANY INTRUSION, BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUE, NATURAL GAS, WATER DAMAGE, HAZARDOUS TEMPERATURE CONDITIONS OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH DEATH, LOSS, DAMAGE, OR PERSONAL INJURY WAS CAUSED BY OR CONTRIBUTED TO BY COMPANY’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION, SUBSCRIBER UNDERSTANDS THAT IT IS DIFFICULT TO DETERMINE WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY COMPANY’S FAILURE TO PERFORM, COMPANY’S NEGLIGENCE (OR GROSS NEGLIGENCE), OR A FAILURE OF THE SYSTEM AND THEREFORE SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO NOT MORE THAN THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT OR OMISSION FOR WHICH SUBSCRIBER AND ALL OTHER PERSONS MAY MAKE CLAIM AGAINST COMPANY OR TWO HUNDRED AND FIFTY DOLLARS AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, WHICHEVER IS GREATER AND THE CHOICE OF WHICH SHALL BE AT THE SOLE DISCRETION OF COMPANY. AS THE EXCLUSIVE REMEDY, REGARDLESS OF WHAT LEGAL THEORY (INCLUDING WITHOUT LIMITATION: BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCTS LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, NEGLIGENCE OR GROSS NEGLIGENCE) IS USED TO DETERMINE WHAT COMPANY WAS LIABLE FOR THE INJURY, DAMAGE OR LOSS, THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY, IF INJURY, DAMAGE OR LOSS, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NON-PERFORMANCE OR OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF COMPANY, ITS AGENTS OR EMPLOYEES. PROVIDED, HOWEVER, THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. IT IS SPECIFICALLY UNDERSTOOD THAT COMPANY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND AS STATED IN SECTION 10 ABOVE THE PERFORMANCE OF THE SERVICE FOR THE ONE YEAR PERIOD, OR IN THE CASE OF WIRELESS TRANSMITTERS THE THIRTY DAY PERIOD, THAT WAS STATED IN SECTION 10 ABOVE IS EXPRESSLY MADE IN LIEU OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSED IN WRITING BY COMPANY AND THAT NO REPRESENTATIVE OF COMPANY HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT. SUBSCRIBER UNDERSTANDS THAT THERE ARE ALTERNATIVES AVAILABLE SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND SUBSCRIBER HAS SELECTED THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF COMPANY’S LIABILITY SET FORTH HEREIN. SUBSCRIBER UNDERSTANDS THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF COMPANY’S EQUIPMENT, MATERIALS AND SERVICES SHALL BE WITH SUBSCRIBER.

SUBSCRIBER AGREES THAT COMPANY IS AUTHORIZED AND PERMITTED TO SUBCONTRACT PERSONS TO PROVIDE INSTALLATIONS AND REPAIRS AND/OR SUBCONTRACT OR UTILIZE SUPPLIERS’ OR THIRD PARTY’S CENTRAL STATION MONITORING, GPS SERVICES, TRACKING SERVICES, GSM SERVICES, CELLULAR SERVICES, WIRELESS INTERNET SERVICES OR ANY OTHER SERVICE WHICH COMPANY IS OBLIGATED TO PERFORM UNDER THIS AGREEMENT, AND COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY SUBSCRIBER BY REASON OF ANY INTRUSION, BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUE, NATURAL GAS, WATER DAMAGE, HAZARDOUS TEMPERATURE CONDITIONS OR ANY OTHER CAUSE WHATSOEVER CAUSED BY THIRD PARTIES INCLUDING IF CAUSED BY THEIR NEGLIGENCE. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to Company’s disclaimer or warranties, exemptions from liability, even from its negligence, limitations of liability, and third party indemnification, inure to the benefit of and are applicable to any subcontractors, suppliers and communication centers utilized by Company. In addition, Company has the right to assign this Agreement to any other party and shall be relieved of any obligations created herein upon such assignment. This Agreement may not be assigned by the Subscriber (including to someone who purchases or rents Subscriber’s home) except upon written consent of Company, first obtained. However, this Agreement shall be binding on Subscriber’s heirs, administrators, custodians, trustees, agents and successors.

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 Maryland, without regard to conflicts of law provisions. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state court of Maryland in Baltimore City or Baltimore County or federal courts of the State of Maryland and Subscriber unconditionally consents and submits to the exclusive jurisdiction and venue thereof.

NOTICES: Notices to Subscriber will be deemed given three days after it was deposited in the mail or when sent by email. Notices may be included in the statements or other communications to Subscriber. Company may also provide notices to Subscriber by telephone, which will be deemed given when a message is left with Subscriber, someone answering the telephone at Subscriber’s residence or on an answering machine or voice mail system at Subscriber’s phone number on record with Company. Subscriber’s notices to Company will be deemed given when Company receives them in writing.

The parties hereto agree that this Agreement which must be accepted to complete the activation process, constitutes the entire and only agreement and understanding and final expression of agreement between the parties, that only representations contained herein are binding on the parties, and that no prior statements or representations of any type, whether oral or written, shall be received in evidence or otherwise used to vary the express terms set forth herein. It shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Subscriber agrees that Company reserves the right, at Company’s sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. Company will notify Subscriber by e-mail, or otherwise, that the Agreement has been amended and will provide Subscriber with the amendment. Any amendment to the Agreement will take effect immediately upon being provided to Subscriber. Subscriber’s continued use of the services after an amendment is provided constitutes acceptance of and agreement to the amendment. If Subscriber does not agree to any such amendment, Subscriber must notify Company within thirty days of notification of the amendment that election to terminate the services rather than agree to amendment has been chosen. Provided that termination of services is in accordance with this section, Company will not charge a termination fee (as described in section 8, above). No oral modification of this Agreement shall be enforceable. Should there arise any conflict between this Agreement and Subscriber’s purchase order or other document, this Agreement will govern and be controlling, whether such purchase order or document is prior to or subsequent to this Agreement. THIS AGREEMENT CANNOT BE AMENDED, ALTERED OR MODIFIED BY ANY ORAL STATEMENTS MADE BY COMPANY’S REPRESENTATIVES. COMPANY’S DUTY AND OBLIGATION TO PROVIDE SERVICE TO SUBSCRIBER ARISE SOLELY FROM THIS AGREEMENT.

Subscriber hereby agrees to be liable and responsible for the equipment until it is returned to Company (documented issuance of a written receipt). Subscriber understands and agrees that return of Company’s equipment is the sole responsibility and liability of Subscriber and Subscriber will pay Company for charges to Subscriber at Company’s then-current rates for each piece of equipment returned, in which Company’s sole opinion, considers damaged beyond normal wear and tear or unreturned. Subscriber will be charged and agrees to pay for unreturned equipment if after fifteen days of the termination of this Agreement Company does not receive the equipment. In the event Subscriber refuses to allow removal of the equipment, Subscriber agrees to pay Company then-current rates for the purchase of the equipment. Subscriber agrees to pay any and all costs and expenses, including attorney’s fees, incurred by Company in recovering equipment and/or payment for equipment upon termination of services.

If Subscriber or any governmental agency or insurance interest wants Company to change the equipment described herein, or change it after it is installed, Subscriber agrees to pay Company’s standard parts and labor charges for such changes and for any delivery and shipping charges involved. The transmitter carried by the Subscriber and the receiver located within the equipment are required to comply with FCC Rules and Regulations as Part 15 devices. As such, they have limited transmitted power, and therefore limited range. A receiver cannot respond to more than one transmitted signal at a time and may be blocked by radio signals that occur on or near their operating frequencies, regardless of code settings. Changes or modifications to the device may void FCC compliance and render the equipment inoperable.

SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT INCLUDING WITHOUT LIMITATION THE MOBILE PERSONAL EMERGENCY RESPONSE SYSTEMS WILL NOT DETECT OR PREVENT AN UNAUTHORIZED INTRUSION ONTO THE PREMISES OR OTHER EMERGENCY CONDITION INCLUDING WITHOUT LIMITATION FIRE, SMOKE, CARBON MONOXIDE, MEDICAL EMERGENCIES OR WATER DAMAGE. SUBSCRIBER IS AWARE OF LIMITATIONS OF ANY EQUIPMENT AS DESCRIBED IN SECTION 10. Subscriber understands that the system will function only in geographic areas where Company’s wireless communications provider offers service. Notwithstanding limitations of equipment and service stated above in sections 10 and 12, Subscriber understands and agrees that the determination and confirmation of whether a certain geographic area(s) is in the service area of the wireless telemetry and communications provider is the sole responsibility of Subscriber. Subscriber agrees that the address of Subscriber that is provided by Subscriber on the Subscriber Information Form is deemed the primary location of the equipment and/or service to be used and by Subscriber’s testing the equipment and system in accordance to section 6 of Subscriber’s requirements before activation begins, Subscriber will confirm that such a residence is in the service area of the wireless telemetry and communications provider. Please contact Company to determine if there is service in an area(s) where use of the system may occur. Company does not recommend purchasing Company’s service if there currently is no wireless coverage in Subscriber’s area.

SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT INCLUDING WITHOUT LIMITATION THE MONITORED MEDICATION DISPENSER REMINDER WILL NOT DETECT OR PREVENT AN UNAUTHORIZED INTRUSION ONTO THE PREMISES OR OTHER EMERGENCY CONDITION INCLUDING WITHOUT LIMITATION FIRE, SMOKE, CARBON MONOXIDE, MEDICAL EMERGENCIES OR WATER DAMAGE. SUBSCRIBER IS AWARE OF LIMITATIONS OF ANY EQUIPMENT AS DESCRIBED IN SECTION 10. Subscriber acknowledges that the equipment installed and service provided is not a substitute in the case where any medical care is needed and that it does not take the place for a human or medical care professional that might be better suited for a particular situation. Subscriber acknowledges that Company’s sole and only obligation is to respond upon receipt of a signal according to the terms stated in section 1 and Company does not monitor if medications were or were not taken by Subscriber and is not responsible for any of Subscriber’s medical issues.

The installation fee is a non-refundable fee which includes the installation of the equipment. The programming fee is a non-refundable fee which includes individual research and programming of equipment

Subscriber states that Subscriber has received a copy of this Agreement and the Subscriber Information Form. Subscriber confirms that all the information on the Subscriber Information Form is correct.

In the event that it should become necessary for Company to institute legal proceedings against Subscriber to enforce any provision of this Agreement, Subscriber agrees to pay the Company reasonable attorney’s fees and costs, except where prohibited by law.

This Agreement may be submitted electronically to Subscriber and will be: (a) deemed for all purposes to be a “writing” or “in writing,” and comply with all statutory, contractual, and other legal requirements for a writing, (b) legally enforceable as a signed writing as against the parties subject to the electronic documents, (c) deemed an “original” when printed or transcribed from electronic records established and maintained in the ordinary course of business. This Agreement will be (a) deemed signed and accepted by Subscriber or responsible party, defined as a person with requisite authority and power and right to fully bind Subscriber by means of Subscriber’s use of Company’s equipment or services which constitutes understanding and acceptance of this Agreement (b) deemed signed and accepted by a recorded verbal Agreement by Subscriber or responsible party. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

If any provision of these Company terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Company terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Company terms shall be upheld and applied to the maximum extent permitted by law. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

SUBSCRIBER UNDERSTANDS AND AGREES THAT THE AUTHORIZED CALL CENTER IS AUTHORIZED TO RECORD AND MAINTAIN AUDIO AND VIDEO TRANSMISSIONS, DATA AND COMMUNICATIONS, AND SHALL BE THE EXCLUSIVE OWNER OF SUCH PROPERTY. Furthermore, to assure that Subscriber’s inquiries are handled promptly, courteously and accurately, Company may monitor and/or record telephone conversations and electronic communications between Subscriber and Company without additional prior notification to Subscriber.

Company shall not be responsible for losses or damages suffered by Subscriber caused by delay in response time or failure to respond by any person or authority notified by Company according to Subscriber’s instructions.

Many governmental jurisdictions have waiting periods from time of installation before a call can be made for police, emergency personnel or other services that may relate to Subscriber’s service. Company is bound by all laws that may pertain to the installation of any equipment or service for calls to police, emergency personnel, other authorities or other individuals. Subscriber understands and agrees that monitoring may not begin and equipment may not be activated until the end of two business days after the equipment is installed. Furthermore, Subscriber acknowledges that the activation of equipment and the start of service will not begin until: (1) Subscriber tests Subscriber’s equipment and/or system, (2) a test signal is successfully received by the central station, (3) Subscriber receives confirmation that such signal was received and (4) the Subscriber agreement is signed by the Subscriber or an eligible signer or Subscriber begins authorized use of the equipment or service, constituting acceptance of this Agreement. Company may decline to activate services if (a) Subscriber fails to provide all applicable information on the Subscriber Information Form (b) Company determines that SIM cards, in which some equipment contain, has been or will be used improperly or (c) Company determines in Company’s sole discretion that Subscriber will use the equipment or service in a manner that will violate this Agreement. Company may immediately terminate this Agreement at any time, and deny Subscriber access to or use of services, including without limitation, in the event Subscriber breaches this Agreement or engages in conduct that Company, in Company’s sole discretion, considers unacceptable. Company will notify Subscriber of this termination according to the manner detailed in section 15. Subscriber may terminate this Agreement at any time subject to the terms and conditions in section 8. Subscriber understands that Company assumes no liability for interruption or stoppage of monitoring service and any other services due to strikes, riots, severe weather, floods, storms, earthquakes, fires, power failures, interruption or unavailability of cellular network, radio towers, GSM network, wireless internet network, GPS network, tracking and telephone service, acts of God, Company being unable to subcontract for central station monitoring service 24 hours a day, 7 days a week or any other cause or such severe damages to Subscriber’s premises that continuing service would be impractical. Furthermore, Subscriber acknowledges that Company may stop or suspend monitoring services or any other services to the Subscriber due to any such cause. Additionally, Company may stop or suspend monitoring service or any other services if Company is unable to provide such services because of some action or ruling by any government authority.

Subscriber agrees that Subscriber, Subscriber’s family or others using the system will use it carefully as to avoid causing false alarms. This Agreement may be terminated by Company at any time if, in the opinion of the Company, excessive false alarms shall occur or other reason it deems necessary. Subscriber understands that many communities require an alarm system permit and/or registration. It is Subscriber’s responsibility to obtain and pay for all necessary permits and/or registrations. It is further understood that Company will not be responsible for any fines or fees relating to Subscriber’s failure to obtain such permits and/or registrations or any such fine or fees resulting from false alarms and that in the event of a fine, penalty or other fee that is assessed against Company by any governmental, municipal or emergency medical agency as a result of any alarm originating from Subscriber, Subscriber agrees to reimburse Company in that amount. Company shall not be required to notify, police, fire or emergency services if Subscriber does not have all necessary permits for the alarm being monitored, and has provided Company with permit numbers. Company does not represent that it has achieved any security certification or other permission, permit, or license from any local, state, or federal government agency or other public or private authority. Subscriber consents and agrees that any responder, authority, law enforcement or other emergency medical personnel notified to enter Subscriber’s residence or place of location may enter with force, if necessary. SUBSCRIBER HEREBY WAIVES ANY CLAIM AGAINST COMPANY, AUTHORITIES, RESPONDERS, AND ANY LAW ENFORCEMENT AND/OR EMERGENCY MEDICAL PERSONNEL AND RELEASES AND DISCHARGES SUCH PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE DONE TO THE RESIDENCE, SUBSCRIBER’S PROPERTY OR SUBSCRIBER IN MAKING SUCH AN ENTRY, AND SUBSCRIBER HEREBY AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND COMPANY, COMPANY’S SUPPLIERS, THE CENTRAL STATION, THE RESPONDER, AND ANY OF COMPANY’S OR SUCH PARTIES’ AUTHORIZED REPRESENTATIVES FOR ANY LOSSES INCURRED BY COMPANY OR SUCH PARTIES IN CONNECTION WITH SUCH FORCED ENTRY. SUBSCRIBER ACKNOWLEDGES THAT THIS PROVISION COULD REQUIRE SUBSCRIBER TO PAY SIGNIFICANT AMOUNTS AS REIMBURSEMENT TO COMPANY OR SUCH PARTIES IN THE EVENT THAT COMPANY, THE CENTRAL STATION, THE RESPONDER AND/OR ANY OF COMPANY’S OR SUCH PARTIES’ AUTHORIZED REPRESENTATIVES IS REQUIRED TO PAY, OR AGREES TO PAY, ANY THIRD-PARTY FOR DAMAGE TO SUCH PERSON OR SUCH PERSON’S PROPERTY. If Subscriber has a lock box and provides information to Company on the Subscriber Information Form about such a lock box’s whereabouts in the vicinity of Subscriber’s premise and its combination, Company’s sole and only obligation upon receipt of a signal, shall be to make every reasonable effort to transmit the whereabouts of such a lock box and its combination to the authorities, if listed, and/or one party listed as a responder whose names and telephone numbers are provided to Company by Subscriber on the Subscriber Information Form, unless there is reason to assume that an emergency condition does not exist. Company has fulfilled its obligation after going through the list one time or after communicating with the listed authorities and/or one party listed as a responder of the lock box and the combination and Subscriber understands and agrees upon doing so Company has fulfilled its obligation. Subscriber agrees to be charged Company’s then-rates, for such additional service, an additional one time service fee or as added and incorporated into the Monthly Service Fee on the Subscriber Information Form. Furthermore, Subscriber releases and discharges Company from any and all liability or responsibility for injury or damage done to the residence, Subscriber’s property or Subscriber upon entry and that any decision made by that party or parties of method of entry or action taken or not taken once arriving at Subscriber’s location including without limitation which hospital Subscriber is sent to or which medical action to take is the sole discretion of those parties and does not in any way or form represent the Company, its agents or representatives. Subscriber agrees that the responders listed on the Subscriber Information Form that was provided by Subscriber are not agents or representatives of Company and any action taken by them shall in no way be imputed to Company. Subscriber understands that the central station will not send any Company or central station personnel in response to any emergency signal.

Subscriber agrees to pay, Company, its agents or assigns, according to Subscriber Information Form in the Service Cost Information section, the Total Due fee, paid in advance for billing cycles which includes quarterly semi-annual or annual monitoring service or paid in arrears for monthly service. The last month of service will be pro-rated based on the date that the Company was notified of the cancellation. This Agreement shall automatically renew itself for a period of one month which commences upon the expiration of the original one month or any renewal period. To terminate this Agreement, Subscriber or representative must give notice to Company. Such notice must be either verbal or in writing. Otherwise, Agreement will automatically renew itself. Company may charge Subscriber, up to the highest amount permitted by law, for returned checks or other payments paid by Subscriber and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive Company’s right to collect all amounts that Subscriber owes Company. Company may restrict Subscriber payment methods to cashier's check, money order, or other similar secure form of payment at any time, in which Company’s sole opinion, considers for good reason. Subscriber agrees (a) that Subscriber has 30 days to either activate or return Company’s equipment from the time Subscriber receives it (documented issuance of a written receipt) (b) that costs involved in returning the equipment including without limitation delivery or shipping costs are the sole responsibility of Subscriber (c) to be charged for Company’s equipment if not activated or returned to Company (documented issuance of a written receipt) within the first 30 days of receiving it. Subscriber agrees to provide Company at the time of purchasing Company’s service or product a valid credit card or ACH payment as a security to pay for any fees or penalties referenced in this Agreement and/or for non-returns or damage of Company’s equipment. Subscriber hereby agrees and authorizes Company to charge Subscriber for any fees or penalties referenced in this Agreement and/or for non-returns or damage of Company’s equipment by the same method of payment originally submitted to Company for the monthly fees or by the credit card or ACH that was provided by Subscriber as a security at the time of Subscriber’s purchasing Company’s service or product. Furthermore, Subscriber agrees it is the sole choice of Company as to which payment method to choose for such charges. In the event service is terminated for any reason, Subscriber is responsible to have the system reprogrammed or altered in such a manner as to insure that Company can receive no signal. Failure to do so shall result in continued monitoring fees. Additionally, Subscriber is responsible for all charges incurred until Subscriber notifies Company, of desire to terminate this Agreement, at which time charges will be stopped. Subscriber understands and agrees that Company does not refund for partial months paid and that it is the Subscriber’s responsibility to request any refund or credit for other months prepaid or for any other refund or credit, otherwise the Company shall not consider refunding or crediting Subscriber. If Subscriber does request a refund or credit, it is Company’s sole discretion whether to accept or decline such a request. Subscriber agrees Company shall have the right to increase the operating and service charges provided herein at any time after six months from the date hereof, upon giving Subscriber notice of such increase. Should Subscriber be unwilling to pay such increase charges, Subscriber may cancel the then unexpired term of this Agreement by notifying Company in writing by certified mail, return receipt requested, within fifteen days of the notice of such increase.

The parties agree that due to the nature of the services to be provided by Company, the payments to be made by the Subscriber for the term of this agreement form an integral part of Company’s anticipated profits; that in the event of Subscriber’s default it would be impossible to fix Company’s actual damages. Therefore, in the event Subscriber defaults in the payment of any charges for service of any kind as provided by Company, the entire balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable therefore, and Company shall be permitted, at its option, to remove any and all equipment without relieving Subscriber of any obligation hereunder. If payment terms are not met, Subscriber agrees to pay Company’s service charge for billing and collection one and one half per cent or fraction thereof on the unpaid balance and all court charges, attorney fees, collection fees, private processing or service charges, incidental costs and attorney fees of twenty-five percent of every amount due company related to such collection including but not limited to the cost incurred for the time of any employee of Company including his wages and any benefits. Subscriber authorizes Company to investigate Subscriber’s credit record, and to report Subscriber’s payment performance under this Agreement to credit agencies and credit reporting services. 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. This waiver is irrevocable and may not be modified either orally or in writing. To the extent permitted by law, Subscriber agrees that Subscriber will not bring any class action lawsuit against Company or be a representative plaintiff or plaintiff class member in any such lawsuit. Additionally, in any action commenced by Company against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. Company shall not be required to render any service when Subscriber is in default of any fee or action required by this Agreement that is not cured within twenty days of its due date. The following shall constitute default: (a) The nonpayment by Subscriber for a period of twenty days of any sum required hereunder to be paid by Subscriber, (b) any affirmative act of insolvency by Subscriber, or filing by Subscriber of any petition under any bankruptcy, reorganization, insolvency, or moratorium, or any law for relief of our relating to debtors, (c) the filing of any involuntary petition under any bankruptcy statute against Subscriber, or appointment of any receiver or trustee to take possession of the property of Subscriber, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within thirty days of the date from filing or appointment, (d) the subjection of any of the Subscriber’s property to any levy, seizure, assignment, application, or sale for or by any creditor or government agency. In addition, should Subscriber be in default, Company may alter equipment in such a manner as to render said equipment unusable by Subscriber without prior notice to Subscriber. Company shall not be required to render service during any telephone, GSM, GPS, cellular, tracking, wireless internet, central station equipment or service or other equipment or service failure. Company assumes no liability for delays in installation or activation or delays or failure to provide service during any equipment and/or telecommunication, GSM, GPS, cellular network, tracking, GPS satellite data and/or wireless internet failures. Subscriber may not resume service after suspension due to default until Subscriber pays a thirty five dollar ($35.00) reactivation charge and brings the account current.

1. A personal emergency response system that is used when Subscriber is having an emergency. It is a console that is connected to Subscriber’s phone line and can be activated by pressing the appropriate button on it for an emergency. After activation by pressing this button the Subscriber will be able to communicate with an operator through the console’s powerful speaker and sensitive microphone.
2. A wireless transmitter that can be worn by the Subscriber as a wrist band, necklace or belt clip which will activate the console when it is pressed. This accessory is included with the console at no extra charge.
3. Some of Company’s consoles have additional features. There may be a charge for these additional features. The following are the additional features:
   • activity timers that monitor the Subscriber’s activity to confirm that they are up and moving about. If a preset amount of time elapses before either an activity transmitter is triggered or the console’s button is pressed the central station will be notified and take appropriate action.
   • reminder messages help the Subscriber remember to take medications, get ready for an appointment, etc. The console can be configured to play reminder messages from its on-board library. Reminder messages are played and repeated until acknowledged by the subscriber.
   • remote control speaker phone feature will monitor the telephone line for an incoming call. Activating any emergency transmitter while the telephone is ringing will cause the console to seize the line and begin speakerphone communications. Activating any emergency transmitter during the call will disconnect the line.
   • temperature sensors that detect high and low temperatures in the Subscriber’s home so Company’s central station can alert the Subscriber of potentially hazardous temperature conditions.
4. Company can provide additional safety and intrusion detectors as accessories for this product. These wireless accessories automatically send a signal via the console to the operator who will then notify the authorities if necessary. There are extra fees for each accessory. 1. The following are the safety detectors:
   • smoke detectors that detect smoke
   • carbon monoxide detectors that detect carbon monoxide
   • door/window transmitters that function by resetting an activity timer as long as the transmitter is triggered before the activity timer expires. It can be mounted on a door, drawer, refrigerator door, or any moving object that is used by the Subscriber regularly.
   • flood detectors detect the presence of water in basements and many others applications, providing early warning of developing floods.
   • natural gas detectors provide rapid warnings about the presence of natural gas (Methane CH4) in the air commonly used for cooking, home heating and water heating.
   • passive infrared motion detector transmitter detects movement in the home and resets the activity timer before the activity timer expires thereby preventing an inactivity alarm.
   • large emergency alarm transmitters that function like a regular wireless transmitter that the Subscriber wears but is larger and can be wall mounted in various places throughout the home.
   2. The following are the intrusion detectors:
   • door/window transmitters that function to trigger an emergency alarm once a window or door is opened by an intruder.
   • glass break detectors that detect breaking of different types of glass including plate, tempered, laminated and wired.
   • motion detectors that detect intruders and trigger an emergency alarm to the central station.
   • cellular modules that send the appropriate alarm report to the central monitoring station via the cellular communication module instead of the standard telephone network. In situations where intruders cut the phone line this accessory will still allow the console to send signals through the cellular network. Subscribers who do not have a standard telephone line will benefit most from this.
5. Another personal emergency response system that Company can provide for an additional fee is a console that comes with a wireless transmitter that has a speaker and a microphone in the wireless transmitter. The Subscriber can communicate directly through the wireless transmitter to the operator without needing to speak through the console. It will work in the vicinity of the console. This wireless transmitter is included with this type of console.
6. Company can provide another console that comes with a wireless transmitter that can automatically detect a fall without the Subscriber needing to press it and will activate the console to send a signal to the operator. Subscriber will then speak to the operator through the console. The fall detector accessory is included with this console at an extra charge. SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT INCLUDING WITHOUT THE LIMITATION THE FALL DETECTOR TECHNOLOGY DOES NOT DETECT FALL WITH PERFECT ACCURACY OR PRECISION. IF THE SUBSCRIBER NEEDS HELP, SUBSCRIBER MUST ALWAYS PUSH THE HELP BUTTON ON SUBSCRIBER’S WEARABLE DEVICE OR BASE UNIT.
7. Company can provide a mobile personal emergency response system for an extra charge. This functions the same ways as a traditional personal emergency response system. However, it can be used anywhere in the United States where there is coverage through the cellular provider and there is cellular reception. The Subscriber presses the button on this product and communicates through it. It can be worn as a necklace, wrist band or belt clip as well. This product also has GPS as an additional feature.
8. Company can provide a monitored medication dispenser with reminders. This product will remind the Subscriber to take medications and is monitored as well. Caregivers can monitor Subscriber’s history online and can also be notified if Subscriber misses a dose. Company has two different types of monitored medication dispenser with reminders. One that has to be connected to a phone line and one that can utilize the cellular network without the need to connect to a phone line.
9. Company can provide a lock box. A lock box is a metal box in which a spare key is kept. It can be opened only with a combination. Subscribers would hang the lock box in an area around the home and Company will notify authorities of the combination and the whereabouts to allow easy entry without force as explained in section 7 above.

The equipment provided to Subscriber is listed on the Subscriber Information Form and is provided as new or reconditioned equipment at Company’s sole option and shall remain the sole property of Company. The Subscriber hereby authorizes Company, its agents or assigns to install, when necessary, the aforesaid equipment and make inspections, tests and changes or alterations to said equipment at Company’s expense. If the inspections, tests or changes are made necessary by any change in or damage to Subscriber’s premises, property or equipment (after the original installation of equipment) and are at Subscriber’s request, all such inspections tests and changes are at the expense of the Subscriber. Subscribers will not personally make, or cause to be made by others, any repairs or alterations to material or equipment. Company upon termination of this Agreement for any reason may enter and remove the aforesaid equipment without obligation to repair or decorate any portion of Subscriber’s premises or system and the removal of such equipment shall not constitute a waiver of any charges which have or shall accrue in favor of Company. If Subscriber purchases the aforesaid equipment, Company maintains the right to enter and remove such equipment if Subscriber is in default as described in section 9. Subscriber hereby warrants that Subscriber has the full authority of the owner of the premises to permit the installation, connection, or removal of said equipment. The parties hereto agree that the equipment, once installed, is in the exclusive control of the Subscriber. Subscriber releases and forever discharges Company from any and all liability and responsibility which may be caused by, relate to or arise out of the Subscriber’s inability to activate the equipment, or the malfunction or failure of the equipment, batteries or systems to operate, either in whole or in part. Furthermore, Subscriber acknowledges that Company has no knowledge regarding the equipment, once it has been installed, if it is functioning properly and/or if it is being used correctly. It is the Subscriber’s responsibility to use the equipment in the way that it was intended and to test the operation of the equipment. Subscriber acknowledges that selection of equipment and design of any system was the sole choice of the Subscriber and has in no way relied on the Company for such selection or design. Subscriber is aware of limitations of any equipment and in particular methods of providing communication and signals for monitoring service and telephone cut considerations. Furthermore, Subscriber is aware that any GSM, GPS, tracking, cellular and/or wireless internet equipment or service may not function or accurately track Subscriber’s location and may not properly facilitate the notification of monitoring station personnel in the event of an emergency, depending in part on such factors including without limitation the availability of accurate tracking information and GSM or cellular service in the area, location and building where such an emergency occurs, network capabilities, environmental conditions, atmospheric or topographical conditions which factors are beyond the control of Company. Subscriber is aware that equipment will not function outside of the forty-eight contiguous United States. Should repairs be required, for a period of one year from date of installation, Company shall repair or replace any part of installed equipment that shall become defective during normal use as a result of wear and tear at no cost to the Subscriber except costs of delivery or shipping of the equipment to and back from the Company. However, in the event the equipment is within the service area of Company, Company may, if it chooses, service the equipment on the premises or pick up the equipment or send a courier for pickup of the equipment at Company’s then-current service fee. Company reserves the option to either replace or repair the equipment, and reserves the right to substitute materials of equal quality in Company’s opinion at time of replacement in fulfillment of its obligation. Wireless transmitters are included within the scope of this obligation except that the obligation shall be for a period of thirty days from date of installation and not one year. Console batteries are not included within the scope of this obligation. If Subscriber’s equipment is lost or stolen, Subscriber is responsible for all charges incurred until Subscriber notifies Company of the loss and at which time Subscriber shall inform Company whether termination of this Agreement is desired. Subscriber understands and agrees to pay Company’s then-current rates for the stolen or lost equipment even if Subscriber chooses to terminate this Agreement. If Subscriber decides to continue service, Company will apply the remaining term of this Agreement to Subscriber’s replacement equipment. Subscriber agrees to pay for costs of delivery or shipping of the equipment from the Company and in the event the equipment is within the service area of Company, Company may, if it chooses; bring replacement of the equipment to Subscriber’s premises at Company’s then-current service fee. Company reserves the option to either replace the equipment with new or reconditioned equipment and to substitute materials of equal quality in Company’s opinion at time of replacement. If Subscriber desires that instead of requesting replacement for the lost or stolen equipment to terminate this Agreement, Subscriber will incur the termination fee stated in section 8 of this Agreement. Company shall not be required to make repairs other than during regular business hours. If service is requested by Subscriber after regular business hours or for service not required to be provided by Company, it shall be provided with a charge to Subscriber at Company’s then-current rates for time and materials. Company’s obligation will not apply to equipment rendered defective by abuse, acts of God, rodents or pets, destruction or damage from other than normal usage, failures due to: (a) telecommunication, (b) GPS services, (c) tracking services, (d) location services, (e) GSM services, (f) cellular services and/or (g) wireless internet services, repair or service attempted or performed by any other person than the Company’s agents, employees or representatives. Company’s determination of cause of defectiveness or non-operation of equipment shall prevail. Nothing herein shall be interpreted as holding Company liable for any consequential damages suffered by Subscriber or third parties or for any loss, damage, injury or death to persons or property. The performance of this service for the one year period is expressly made in lieu of warranties of merchantability, fitness for use, accuracy, systems integration, quiet enjoyment, or non-infringement and any other warranties expressed or implied. It is understood that if service is requested during the first year period and such service requested does not fall within the responsibility of Company then Subscriber will be charged the prevailing fees charged by Company for time and materials. This shall include but not be limited to calls for service when not actually required as determined by Company or when no one is at premises when service or pick-ups are scheduled. Subscriber may purchase an extended service plan which provides for repair of equipment. There is an additional fee for the extension of this service, which becomes a part of the monthly fee structure set out in the Service Cost Information section in the Subscriber Information Form. SUBSCRIBER UNDERSTANDS THAT THE SAID EQUIPMENT WILL NOT WORK WITH EQUIPMENT USED BY OTHER COMPANIES OR CENTRAL STATIONS.

If anyone other than Subscriber asks Company to pay for any harm or damages (including property damages, personal injury or death) connected with or resulting from (i) Company’s breach of this Agreement or failure of the system, equipment or services, (ii) Company’s negligence, gross negligence or failure to perform (iii) any other improper or careless activity of Company in providing the system, equipment or service or (iv) a claim for indemnification or contribution, Subscriber will pay to Company (a) any amount which a court orders Company to pay or which Company reasonably agrees to pay, and (b) the amount of Company’s reasonable attorney’s fees and any other loss or costs that Company may pay in connection with the harm or damages, unless prohibited by Subscriber’s homeowners or other property insurance policy. Subscriber agrees to release Company from any claims of any parties suing through Subscriber’s authority or in Subscriber’s name, such as Subscriber’s insurance carrier(s) and Subscriber agrees to defend Company against any such claim. Subscriber will notify Subscriber’s insurance carrier(s) of this release. Subscriber agrees to and shall indemnify, defend and hold harmless Company and its employees or agents from and against all liability, damage, cost, loss, expense and claims, including reasonable counsel fees, brought by parties other than the parties to this Agreement (including without limitation, claims by responders, other emergency personnel and persons whose property is in the custody of Subscriber). This provision shall apply to all liability, damage, cost, loss, expense and claims regardless of cause, including Company’s performance or failure to perform, and includes, without limitation, defects and installation, service operation or non-operation of the equipment.

WARNING: THE EQUIPMENT HAS NOT BEEN TESTED TO DETERMINE IF IT INTERFERES OR INTERACTS WITH PACEMAKERS, DEFIBRILLATORS OR ANY OTHER MEDICAL OR ELECTRONIC DEVICES. THEREFORE CONSULT A HEALTH CARE PROFESSIONAL BEFORE USE. SUBSCRIBER ACKNOWLEDGES THAT COMPANY DOES NOT REPRESENT NOR WARRANT THAT THE EQUIPMENT INSTALLED OR MONITORING SERVICE WILL PREVENT ANY LOSS, DAMAGE, DEATH OR INJURY TO PERSON OR PROPERTY DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES, OR CONSEQUENCES THERE FROM, OR THE EQUIPMENT INSTALLED AND SERVICE PROVIDED WILL IN ALL CASES PROVIDE THE PROTECTION, DETECTION OR DIVERSION FOR WHICH IT IS INSTALLED OR INTENDED AND THAT SUBSCRIBER HAS NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY COMPANY. COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF THE CENTRAL STATION’S RESPONSE AND HAS NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED. SUBSCRIBER CONSENTS AND AGREES THAT ANY RESPONDER, AUTHORITY, LAW ENFORCEMENT OR OTHER EMERGENCY MEDICAL PERSONNEL NOTIFIED TO ENTER SUBSCRIBER’S RESIDENCE OR PLACE OF LOCATION MAY ENTER WITH FORCE, IF NECESSARY. FURTHERMORE, SUBSCRIBER RELEASES AND DISCHARGES COMPANY FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR INJURY OR DAMAGE DONE TO THE RESIDENCE, SUBSCRIBER’S PROPERTY OR SUBSCRIBER UPON ENTRY AND THAT ANY DECISION MADE BY THAT PARTY OR PARTIES OF METHOD OF ENTRY OR ACTION TAKEN OR NOT TAKEN ONCE ARRIVING AT SUBSCRIBER’S LOCATION INCLUDING WITHOUT LIMITATION WHICH HOSPITAL SUBSCRIBER IS SENT TO OR WHICH MEDICAL ACTION TO TAKE IS THE SOLE DISCRETION OF THOSE PARTIES AND DOES NOT IN ANY WAY OR FORM REPRESENT THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SUBSCRIBER AGREES THAT THE RESPONDERS LISTED ON THE SUBSCRIBER INFORMATION FORM THAT WAS PROVIDED BY SUBSCRIBER ARE NOT AGENTS OR REPRESENTATIVES OF COMPANY AND ANY ACTION TAKEN BY THEM SHALL IN NO WAY BE IMPUTED TO COMPANY. SUBSCRIBER UNDERSTANDS THAT THE CENTRAL STATION WILL NOT SEND ANY COMPANY OR CENTRAL STATION PERSONNEL IN RESPONSE TO ANY EMERGENCY SIGNAL. FURTHERMORE, SUBSCRIBER ACKNOWLEDGES THAT THE EQUIPMENT INSTALLED AND SERVICE PROVIDED IS NOT A SUBSTITUTE IN THE CASE WHERE ANY MEDICAL CARE IS NEEDED AND THAT IT DOES NOT TAKE THE PLACE FOR A HUMAN OR MEDICAL CARE PROFESSIONAL THAT MIGHT BE BETTER SUITED FOR A PARTICULAR SITUATION. THE CENTRAL STATION SHALL NOT BE OBLIGATED TO PERFORM THE SERVICE DURING ANY TIME WHEN THE EQUIPMENT IS INOPERATIVE OR POWERED OFF. SUBSCRIBER ACKNOWLEDGES THAT A PORTION OF SOME EQUIPMENT RELIES UPON THE AVAILABILITY OF GPS COVERAGE, WIRELESS INTERNET NETWORK AVAILABILITY, AND/OR CELLULAR NETWORK COVERAGE TO OPERATE PROPERLY AS WELL AS THE AVAILABILITY OF SATELLITE GPS DATA, BOTH OF WHICH ARE PROVIDED BY A THIRD PARTY THAT IS NOT CONTROLLED BY COMPANY. COMPANY MONITORS AND COLLECTS TRACKING INFORMATION (AS DEFINED IN THE PRIVACY STATEMENT) FROM SUCH EQUIPMENT USING A NETWORK OF A THIRD PARTY WIRELESS SERVICE CARRIER (“WIRELESS CARRIER”) AND EQUIPMENT PROVIDED BY COMPANY OR BY AUTHORIZED DISTRIBUTORS. SUBSCRIBER AGREES NOT TO USE EQUIPMENT WITH ANY OTHER SERVICE. HOWEVER, THIS AGREEMENT IS SOLELY BETWEEN SUBSCRIBER AND COMPANY, AND DOES NOT CREATE ANY CONTRACTUAL RELATIONSHIP BETWEEN SUBSCRIBER AND THE WIRELESS CARRIER; AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND THE WIRELESS CARRIER OR SUBCONTRACTOR OF WIRELESS CARRIER. COMPANY RESERVES THE RIGHT TO SET LIMITS ON THE USE OF ITS SERVICES AT ITS DISCRETION. SUBSCRIBER ACKNOWLEDGES THAT COMPANY IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN AND THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER’S PERSON, PREMISES OR ITS CONTENTS OR OTHER PERSONS WHO MAY USE THE SYSTEM AND THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY AND BE THE SOLE RESPONSIBILITY OF SUBSCRIBER AND THAT THE AMOUNTS PAYABLE TO COMPANY HEREUNDER ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY AS HEREIN SET FORTH AND ARE UNRELATED TO THE VALUE OF LIFE AND PROPERTY LOCATED ON SUBSCRIBER’S PREMISES. SUBSCRIBER’S EXCLUSIVE REMEDY FOR COMPANY’S DEFAULT HEREUNDER IS TO REQUIRE COMPANY TO REPAIR OR REPLACE, AT COMPANY’S OPTION, ANY EQUIPMENT COVERED BY THIS AGREEMENT WHICH IS NON-OPERATIONAL. COMPANY SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY THAT FURNISHES ANY PART OF THE SERVICES, OR THAT FURNISHES PRODUCT(S) OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES PARTICIPATING IN OFFERS MADE THROUGH COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR EQUIPMENT MANUFACTURED BY, THIRD PARTIES. THE PARTIES AGREE THAT THERE SHALL BE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT WILL NOT DETECT AN UNAUTHORIZED INTRUSION ONTO THE PREMISES OR OTHER EMERGENCY CONDITION OR ISSUE INCLUDING WITHOUT LIMITATION BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUES, NATURAL GAS, WATER DAMAGE OR HAZARDOUS TEMPERATURE CONDITIONS UNLESS SUBSCRIBER CONTRACTS FOR AN ACCESSORY OR A PRODUCT WHICH MONITORS FOR INTRUSION, BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUES, NATURAL GAS, WATER DAMAGE AND/OR HAZARDOUS TEMPERATURE CONDITIONS. IF NOT WITHSTANDING THE TERMS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF THE COMPANY AS A RESULT OF ANY INTRUSION, BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUE, NATURAL GAS, WATER DAMAGE, HAZARDOUS TEMPERATURE CONDITIONS OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH DEATH, LOSS, DAMAGE, OR PERSONAL INJURY WAS CAUSED BY OR CONTRIBUTED TO BY COMPANY’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION, SUBSCRIBER UNDERSTANDS THAT IT IS DIFFICULT TO DETERMINE WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY COMPANY’S FAILURE TO PERFORM, COMPANY’S NEGLIGENCE (OR GROSS NEGLIGENCE), OR A FAILURE OF THE SYSTEM AND THEREFORE SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO NOT MORE THAN THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT OR OMISSION FOR WHICH SUBSCRIBER AND ALL OTHER PERSONS MAY MAKE CLAIM AGAINST COMPANY OR TWO HUNDRED AND FIFTY DOLLARS AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, WHICHEVER IS GREATER AND THE CHOICE OF WHICH SHALL BE AT THE SOLE DISCRETION OF COMPANY. AS THE EXCLUSIVE REMEDY, REGARDLESS OF WHAT LEGAL THEORY (INCLUDING WITHOUT LIMITATION: BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCTS LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, NEGLIGENCE OR GROSS NEGLIGENCE) IS USED TO DETERMINE WHAT COMPANY WAS LIABLE FOR THE INJURY, DAMAGE OR LOSS, THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY, IF INJURY, DAMAGE OR LOSS, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NON- PERFORMANCE OR OBLIGATIONS IMPOSED BY THIS CONTRACT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF COMPANY, ITS AGENTS OR EMPLOYEES. PROVIDED, HOWEVER, THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. IT IS SPECIFICALLY UNDERSTOOD THAT COMPANY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND AS STATED IN SECTION 10 ABOVE THE PERFORMANCE OF THE SERVICE FOR THE ONE YEAR PERIOD, OR IN THE CASE OF WIRELESS TRANSMITTERS THE THIRTY DAY PERIOD, THAT WAS STATED IN SECTION 10 ABOVE IS EXPRESSLY MADE IN LIEU OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSED IN WRITING BY COMPANY AND THAT NO REPRESENTATIVE OF COMPANY HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL EXPRESS WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT. SUBSCRIBER UNDERSTANDS THAT THERE ARE ALTERNATIVES AVAILABLE SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND SUBSCRIBER HAS SELECTED THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF COMPANY’S LIABILITY SET FORTH HEREIN. SUBSCRIBER UNDERSTANDS THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF COMPANY’S EQUIPMENT, MATERIALS AND SERVICES SHALL BE WITH SUBSCRIBER.

SUBSCRIBER AGREES THAT COMPANY IS AUTHORIZED AND PERMITTED TO SUBCONTRACT PERSONS TO PROVIDE INSTALLATIONS AND REPAIRS AND/OR SUBCONTRACT OR UTILIZE SUPPLIERS’ OR THIRD PARTY’S CENTRAL STATION MONITORING, GPS SERVICES, TRACKING SERVICES, GSM SERVICES, CELLULAR SERVICES, WIRELESS INTERNET SERVICES OR ANY OTHER SERVICE WHICH COMPANY IS OBLIGATED TO PERFORM UNDER THIS AGREEMENT, AND COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY SUBSCRIBER BY REASON OF ANY INTRUSION, BURGLARY, HOLD-UP, THEFT, FIRE, SMOKE, CARBON MONOXIDE, MEDICAL ISSUE, NATURAL GAS, WATER DAMAGE, HAZARDOUS TEMPERATURE CONDITIONS OR ANY OTHER CAUSE WHATSOEVER CAUSED BY THIRD PARTIES INCLUDING IF CAUSED BY THEIR NEGLIGENCE. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to Company’s disclaimer or warranties, exemptions from liability, even from its negligence, limitations of liability, and third party indemnification, inure to the benefit of and are applicable to any subcontractors, suppliers and communication centers utilized by Company. In addition, Company has the right to assign this Agreement to any other party and shall be relieved of any obligations created herein upon such assignment. This Agreement may not be assigned by the Subscriber (including to someone who purchases or rents Subscriber’s home) except upon written consent of Company, first obtained. However, this Agreement shall be binding on Subscriber’s heirs, administrators, custodians, trustees, agents and successors.

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 Maryland, without regard to conflicts of law provisions. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state court of Maryland in Baltimore City or Baltimore County or federal courts of the State of Maryland and Subscriber unconditionally consents and submits to the exclusive jurisdiction and venue thereof.

Notices to Subscriber will be deemed given three days after it was deposited in the mail or when sent by email. Notices may be included in the statements or other communications to Subscriber. Company may also provide notices to Subscriber by telephone, which will be deemed given when a message is left with Subscriber, someone answering the telephone at Subscriber’s residence or on an answering machine or voice mail system at Subscriber’s phone number on record with Company. Subscriber’s notices to Company will be deemed given when Company receives them in writing.

The parties hereto agree that this Agreement which must be accepted to complete the activation process, constitutes the entire and only agreement and understanding and final expression of agreement between the parties, that only representations contained herein are binding on the parties, and that no prior statements or representations of any type, whether oral or written, shall be received in evidence or otherwise used to vary the express terms set forth herein. It shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Subscriber agrees that Company reserves the right, at Company’s sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. Company will notify Subscriber by e-mail, or otherwise, that the Agreement has been amended and will provide Subscriber with the amendment. Any amendment to the Agreement will take effect immediately upon being provided to Subscriber. Subscriber’s continued use of the services after an amendment is provided constitutes acceptance of and agreement to the amendment. If Subscriber does not agree to any such amendment, Subscriber must notify Company within thirty days of notification of the amendment that election to terminate the services rather than agree to amendment has been chosen. Provided that termination of services is in accordance with this section, Company will not charge a termination fee (as described in section 8, above). No oral modification of this Agreement shall be enforceable. Should there arise any conflict between this Agreement and Subscriber’s purchase order or other document, this Agreement will govern and be controlling, whether such purchase order or document is prior to or subsequent to this Agreement. THIS AGREEMENT CANNOT BE AMENDED, ALTERED OR MODIFIED BY ANY ORAL STATEMENTS MADE BY COMPANY’S REPRESENTATIVES. COMPANY’S DUTY AND OBLIGATION TO PROVIDE SERVICE TO SUBSCRIBER ARISE SOLELY FROM THIS AGREEMENT.

Subscriber hereby agrees to be liable and responsible for the equipment until it is returned to Company (documented issuance of a written receipt). Subscriber understands and agrees that return of Company’s equipment is the sole responsibility and liability of Subscriber and Subscriber will pay Company for charges to Subscriber at Company’s then-current rates for each piece of equipment returned, in which Company’s sole opinion, considers damaged beyond normal wear and tear or unreturned. Subscriber will be charged and agrees to pay for unreturned equipment if after fifteen days of the termination of this Agreement Company does not receive the equipment. In the event Subscriber refuses to allow removal of the equipment, Subscriber agrees to pay Company then-current rates for the purchase of the equipment. Subscriber agrees to pay any and all costs and expenses, including attorney’s fees, incurred by Company in recovering equipment and/or payment for equipment upon termination of services.

If Subscriber or any governmental agency or insurance interest wants Company to change the equipment described herein, or change it after it is installed, Subscriber agrees to pay Company’s standard parts and labor charges for such changes and for any delivery and shipping charges involved. The transmitter carried by the Subscriber and the receiver located within the equipment are required to comply with FCC Rules and Regulations as Part 15 devices. As such, they have limited transmitted power, and therefore limited range. A receiver cannot respond to more than one transmitted signal at a time and may be blocked by radio signals that occur on or near their operating frequencies, regardless of code settings. Changes or modifications to the device may void FCC compliance and render the equipment inoperable.

SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT INCLUDING WITHOUT LIMITATION THE MOBILE PERSONAL EMERGENCY RESPONSE SYSTEMS WILL NOT DETECT OR PREVENT AN UNAUTHORIZED INTRUSION ONTO THE PREMISES OR OTHER EMERGENCY CONDITION INCLUDING WITHOUT LIMITATION FIRE, SMOKE, CARBON MONOXIDE, MEDICAL EMERGENCIES OR WATER DAMAGE. SUBSCRIBER IS AWARE OF LIMITATIONS OF ANY EQUIPMENT AS DESCRIBED IN SECTION 10. Subscriber understands that the system will function only in geographic areas where Company’s wireless communications provider offers service. Notwithstanding limitations of equipment and service stated above in sections 10 and 12, Subscriber understands and agrees that the determination and confirmation of whether a certain geographic area(s) is in the service area of the wireless telemetry and communications provider is the sole responsibility of Subscriber. Subscriber agrees that the address of Subscriber that is provided by Subscriber on the Subscriber Information Form is deemed the primary location of the equipment and/or service to be used and by Subscriber’s testing the equipment and system in accordance to section 6 of Subscriber’s requirements before activation begins, Subscriber will confirm that such a residence is in the service area of the wireless telemetry and communications provider. Please contact Company to determine if there is service in an area(s) where use of the system may occur. Company does not recommend purchasing Company’s service if there currently is no wireless coverage in Subscriber’s area.

SUBSCRIBER UNDERSTANDS AND AGREES THAT CERTAIN EQUIPMENT INCLUDING WITHOUT LIMITATION THE MONITORED MEDICATION DISPENSER REMINDER WILL NOT DETECT OR PREVENT AN UNAUTHORIZED INTRUSION ONTO THE PREMISES OR OTHER EMERGENCY CONDITION INCLUDING WITHOUT LIMITATION FIRE, SMOKE, CARBON MONOXIDE, MEDICAL EMERGENCIES OR WATER DAMAGE. SUBSCRIBER IS AWARE OF LIMITATIONS OF ANY EQUIPMENT AS DESCRIBED IN SECTION 10. Subscriber acknowledges that the equipment installed and service provided is not a substitute in the case where any medical care is needed and that it does not take the place for a human or medical care professional that might be better suited for a particular situation. Subscriber acknowledges that Company’s sole and only obligation is to respond upon receipt of a signal according to the terms stated in section 1 and Company does not monitor if medications were or were not taken by Subscriber and is not responsible for any of Subscriber’s medical issues.

The installation fee is a non-refundable fee which includes the installation of the equipment. The programming fee is a non-refundable fee which includes individual research and programming of equipment

Subscriber states that Subscriber has received a copy of this Agreement and the Subscriber Information Form. Subscriber confirms that all the information on the Subscriber Information Form is correct.

In the event that it should become necessary for Company to institute legal proceedings against Subscriber to enforce any provision of this Agreement, Subscriber agrees to pay the Company reasonable attorney’s fees and costs, except where prohibited by law.

If any provision of these Company terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Company terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Company terms shall be upheld and applied to the maximum extent permitted by law. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The

If any provision of these Company terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Company terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Company terms shall be upheld and applied to the maximum extent permitted by law. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

SUBSCRIBER UNDERSTANDS AND AGREES THAT THE AUTHORIZED CALL CENTER IS AUTHORIZED TO RECORD AND MAINTAIN AUDIO AND VIDEO TRANSMISSIONS, DATA AND COMMUNICATIONS, AND SHALL BE THE EXCLUSIVE OWNER OF SUCH PROPERTY. Furthermore, to assure that Subscriber’s inquiries are handled promptly, courteously and accurately, Company may monitor and/or record telephone conversations and electronic communications between Subscriber and Company without additional prior notification to Subscriber.