TERMS AND CONDITIONS OF SALE AND SERVICE (“Agreement”)
AGILE MOBILE MEDICAL ALERT:
TRANSACTION CONFIRMATION: You will receive a confirmation email (the “Order Confirmation”) from Agile Mobile Medical Alert based on the successful conclusion of Your order execution, and an email confirming Your order has been shipped to the address that You provide. PLEASE READ THIS AGREEMENT CAREFULLY. BY OPERATING, INSTALLING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- TERMS OF SALE AND SERVICE:
Term: The end consumer and/or purchaser (“Subscriber” or “You”) agree that this Agreement is for the initial term listed in the Order Confirmation (the “Initial Term”) commencing upon the sooner of (i) activation of the Agile Mobile Medical Alert system (the “Product”) or (ii) thirty (30) days after shipment of the Product. At conclusion of the Initial Term, the Agreement shall renew automatically for consecutive month to month terms, unless either party gives written notice of its intent to cancel 30 days prior to the expiration date. Either party may terminate this Agreement at any time upon 30 days written notice. You acknowledge that the fee structure may be changed at the end of the Initial Term upon 30 days written notice. Upon any termination of this Agreement, any terms, which by their nature are necessary to fulfill any continuing obligations, shall survive any termination hereof.
Fees: You agree to pay all fees, expenses, and taxes (where applicable) when due for (i) the Product (“Product Fees”) and (ii) the Services as defined below (“Monthly Service Fees”). Product Fees will be charged upon purchase of the Product. Monthly Service Fees shall be charged monthly in advance by credit card charges or automatic debits. Payments not made within 30 days are subject to late fees equal to 18% per annum or the maximum amount allowable by law. Depending on the Service selected and Your usage of the Product, You may be charged and You agree to pay any additional fees incurred by you and your Authorized Users (defined below), including but not limited to early termination fees, escalation fees, cellular use taxes, and excessive usage fees. Sales tax may be charged based on Manufacturer Suggested Retail Price.
Title and Risk of Loss: Title and risk of loss to the Product passes to Subscriber upon shipment. All freight, delivery and other shipping expenses shall be the responsibility of Subscriber. Subscriber will not permit anyone other than personnel authorized by Agile Mobile Medical Alert to perform any work on the Product.
Monitoring Services: So long as you remain current in the payment of all fees, Agile Mobile Medical Alert shall provide monitoring services for the Product according to Your preferences set forth in the Order Confirmation (the “Services”). You will select who to notify in the event of alerts, which may include (i) individuals identified by You (“Your Authorized Users”), (ii) emergency response personnel (“Emergency Responders”) or both (i) and (ii). You are solely responsible for any fees associated with or incurred due to the actions or inactions of any of these individuals.
AGILE MOBILE MEDICAL ALERT DOES NOT DETECT 100% OF FALLS AND, IF ABLE, YOU SHOULD ALWAYS ACTIVATE THE HELP BUTTONS. FOR PROPER OPERATION, THE PRODUCT REQUIRES ADEQUATE CELLULAR COVERAGE, GPS SIGNAL. POOR CELLULAR OR GPS COVERAGE MAY RESULT IN THE INABILITY TO RECEIVE A CALL, REPORT A DETECTED FALL AND/OR PROPERLY LOCATE YOU DURING AN EMERGENCY. USE OF THE PRODUCT IS NOT INTENDED AS A LIFESAVING DEVICE NOR AS A REPLACEMENT FOR CALLING 911 IN AN EMERGENCY.
Dashboard Access: During the term of Services, You will be provided access to an on-line software tool that can provide information regarding your Product (the “Dashboard”). You will be provided a user id and password to access the Dashboard. You may grant Your Authorized Users access to your information in the Dashboard by following the instructions provided in the Dashboard. All use of the Dashboard by You and Your Authorized Users is governed by the terms and conditions provided at log in at [www.agilemedicalalert.com].
Release of Subscriber Information: Subscriber consents to the release of any information relating to Subscriber, including all information contained in this Agreement, in order to provide the Services. Information may be released to Your Authorized Users, Subscriber-affiliated health care providers and/or Emergency Responders to determine proper response and care.
- Subscriber shall not attach or connect any apparatus or device to the Product that is not supplied by Agile Mobile Medical Alert.
- Subscriber shall supply 24-hour 110-volt circuits as required to power the Product Charger,
- Test the Product monthly by activating an alert and notify
Agile Mobile Medical Alert if any repairs are required.
- Notify Agile Mobile Medical Alert promptly as to any changes in the information You have provided regarding Your Authorized Users, responders, medical history, and other pertinent information either by update through the Dashboard or by contacting Customer Support.
- Provide Emergency Responders access to the Subscriber’s home or location.
- Subscriber acknowledges that the Product is dependent upon the proper functioning of batteries. Subscriber is responsible for charging the batteries and ensuring their proper operation.
- Notify Your Authorized Users that failure to acknowledge an alert may result in escalation fees. You are solely responsible for any fees associated with or incurred due to the actions or inactions of the Authorized Users.
- CANCELLATION AND RETURN POLICY:
Improper use of or failure to activate the Product: In the event the Subscriber violates any part of this Agreement, abandons the Product, or causes an excessive number of false alarms, Agile Mobile Medical Alert may suspend all services and terminate this Agreement upon giving 10 days written notice to the Subscriber. In such event, Agile Mobile Medical Alert shall have the right to sever the connection and render the Product inoperative. If Subscriber fails to activate the Product within 30 days of receipt, Agile Mobile Medical Alert may terminate this Agreement and render the Product inoperative.
Return of the Product. Within thirty (30) days following shipment of the Product, You may return the Product for a full refund of Product Fees, excluding shipping costs, for any reason. Any alterations or damage to components or packaging may result in a charge of up to $400. Subscriber shall obtain an RMA# and return the Product, complete, unadulterated, and in working order in original packaging.
Return authorization number (RMA#): An RMA# must be obtained from our customer service staff and is required for ALL returns. Merchandise must be returned within 15 days of the issuance of the RMA#, at which time the RMA# expires. RMA#’s are non-renewable.
Cancellation fees: Agile Mobile Medical Alert may charge Subscriber a service cancellation fee as set forth in the Order Confirmation.
- END CONSUMER LIMITED WARRANTY What does this Warranty cover?
Subject to the exclusions contained below, Agile Mobile Medical Alert warrants the Product delivered hereunder will operate in accordance with its documentation for a period of twelve (12) months from shipment (“Warranty Period”), provided the Product has been installed, tested, operated, maintained, and stored in accordance with its documentation. This warranty applies only to Products purchased and installed in the United States. The repair or replacement of the Product is your exclusive remedy against Agile Mobile Medical Alert and any of its suppliers and service providers, and is subject to the following:
- Abuse & Misuse. Defects or damage that result from: (a) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the Product resulting from misuse; (b) contact exceeding specifications with liquid, water, rain, extreme humidity, heavy perspiration, food, dirt, sand, or the like, and excessive temperatures outside of operating specifications; (c) use of the Product for commercial purposes, or subjecting the Product to abnormal usage or conditions; or (d) other acts that are not the fault of Agile Mobile Medical Alert are excluded from coverage.
- Use of Non-Agile Mobile Medical Alert Products and Accessories. Defects or damage that result from the use of Non-Agile Mobile Medical Alert approved products or accessories are excluded from coverage.
- Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, or modification in any way by someone other than Agile Mobile Medical Alertor its authorized service representatives are excluded from coverage.
- Altered Products. Products with (a) serial numbers or date tags that have been removed, altered, or obliterated; (b) broken seals or that show evidence of tampering; (c) mismatched component serial numbers; or (d) nonconforming parts, are excluded from coverage.
Who is covered?
This limited warranty extends only to the first consumer purchaser, and is not transferable. You may not transfer the Product or assign this Agreement to a third party without the prior written consent of Agile Mobile Medical Alert.
What will Agile Mobile Medical Alert do?
For any Product that does not conform to this warranty, Agile Mobile Medical Alert, at its option, will (i) replace the nonconforming Product with a similar or updated version of the Product or (ii) repair the Product at no charge. Products provided under this warranty may be supplied by Agile Mobile Medical Alert in new or used condition. If Agile Mobile Medical Alert repairs or replaces the Product, the Warranty Period shall continue from the date of the shipment of the original Product ordered and not from the shipment of any repaired or replacement Product.
How to obtain Warranty Service or other information
You can contact Agile Moible Medical Alert Customer Support in the following ways:
Telephone: (844) 785-8442
Agile Mobile Medical Alert Support is available Monday through Friday 8:30 a.m. to 5:00 p.m. Eastern Time.
What other Limitations are there?
R E P L A C EME N T OR REPAIR PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY AGAINST AGILE MOBILE MEDICAL ALERT AND ANY OF ITS SUPPLIERS OR SERVICE PROVIDERS, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL AGILE MOBILE MEDICAL ALERT OR ANY OF ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. THESE WARRANTIES AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER STATE LAW ARE PROVIDED SOLELY TO SUBSCRIBER.
Limitation of liability: It is understood and agreed that Agile Mobile Medical Alert, and any of its suppliers or service providers, is not an insurer of person, life, limb, or property; and that insurance, if any, covering personal injury, life and property loss or damage shall be obtained by the Subscriber, if so desired. Agile Mobile Medical Alert is being paid for the monitoring of a Product designed to transmit information and is subject to a variety of influences outside of Agile Mobile Medical Alert’s control that may affect its performance and reliability. Agile Mobile Medical Alert and the Subscriber acknowledge that the amounts being charged are not sufficient to guarantee in any way that no loss or damage will occur; and that Agile Mobile Medical Alert, or any of its suppliers or service providers, is not assuming responsibility for any personal injury, life or property loss or damage that may occur, even if due to Agile Mobile Medical Alert or any of its suppliers’ or service providers’ negligent performance or failure to perform any obligation under this Agreement, failure of the Product or Services to operate as intended, or for any other reason whatsoever. Since it is impractical and extremely difficult to fix actual damages that may arise due to improper monitoring of the Product, the failure of Services, or the failure to perform said Services, if not withstanding the above provisions there should arise any liability whatsoever on the part of Agile Mobile Medical Alert, or any of its suppliers or service providers, it is agreed that such liability shall be limited to two hundred fifty dollars ($250.00). This sum shall be complete and exclusive, and shall be paid and received as an exclusive remedy and not as a penalty.
Any action, other than an action for collection of debt, commenced under this Agreement must be commenced within one year after the cause of action accrues.
Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to You. This warranty gives You specific legal rights, and You also may have other rights that vary from state to state or from one jurisdiction to another.
Severability: In the event any provision of this warranty becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such provision(s) shall be null and void, and shall be deemed deleted from this warranty. All remaining provisions of this warranty shall remain in full force and effect.
- Additional Terms:
Interruption of Services: Agile Mobile Medical Alert may terminate this Agreement if it cannot maintain or secure transmission privileges, and shall not be liable for any damages or penalties as a result of such termination. This Agreement may be canceled without previous notice by A in the event the facilities that provide Services are destroyed or damaged by any catastrophe, and it is impractical to restore service.
Agile Mobile Medical Alert assumes no liability for delays in equipment installation, interruption of Services due to strikes, riots, floods, fires, acts of nature, mechanical or electrical equipment failures, or any cause beyond the control of Agile Mobile Medical Alert, and will not be required to supply Services while said interruption may continue.
Indemnification: In the event any person not a party to this Agreement, including Subscriber’s insurance company, shall make any claim against Agile Mobile Medical Alert or any of its suppliers or service providers for any reason whatsoever, including but not limited to the installation, maintenance, operation, or non-operation of the Product, the Subscriber agrees to indemnify, defend, and hold Agile Mobile Medical Alert and any of its suppliers or service providers harmless for any and all claims and lawsuits, including the payment of all damages, expenses, costs, and attorney’s fees, whether these claims be based upon alleged intentional conduct, active or passive negligence, or strict or product liability, or any other basis, on the part of Agile Mobile Medical Alert, its suppliers, and service providers, and/or any of their respective agents, servants, or employees. The Subscriber shall, and does hereby, indemnify and save Agile Mobile Medical Alert, and any of its suppliers or service providers, harmless from any and all liability resulting from the selection, possession, operation, control, use, and maintenance of the Product. In the event of litigation, to protect Agile Mobile Medical Alert or any of its suppliers or service providers rights hereunder, the Subscriber agrees to pay all reasonable attorney’s fees, collection agent fees, or court costs resulting from such litigation.
Hold harmless: Subscriber hereby releases, discharges, and agrees to hold Agile Mobile Medical Alert and any of its suppliers or service providers harmless from any and all claims, liabilities, damages, losses, or expenses arising from or caused by any hazard covered by insurance in or on the premises of Subscriber, whether said claim is made by Subscriber, its agents, or insurance company, or by any other parties claiming under or through Subscriber.
Medical or related expenses: If the Subscriber utilizes the Product by transmitting a signal to Agile Mobile Medical Alert, the Subscriber hereby authorizes Agile Mobile Medical Alert to seek to obtain assistance on their behalf. The Subscriber shall be obligated for and agrees to pay any costs and expenses incurred in obtaining assistance, including but not limited to ambulance, physician, or other medical assistance, or any cost whatsoever incurred as a result of the Subscriber’s use of the Product. The Subscriber also acknowledges that calls to Agile Mobile Medical Alert and any emergency service may be monitored and recorded, and Subscriber hereby consents to such monitoring and recording.
Forcible entry: The Subscriber authorizes Agile Mobile Medical Alert, in its sole discretion, to authorize entry to the Subscriber’s premises in the event a signal is transmitted to Agile Mobile Medical Alert or its third party subcontractor. Agile Mobile Medical Alert is relieved from any and all liability whatsoever as a result of said entry.
Assignment by Agile Mobile Medical Alert: Agile Mobile Medical Alert may subcontract, otherwise assign, or delegate any or all of its obligations under this Agreement to a third party without Customer’s approval or consent.
Prevailing Terms: If there is any conflict between this Agreement and any terms in any printed documentation or other form accompanying the Product, this Agreement shall prevail.
Governing Law: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Indiana, without regard to principles of conflict of laws. You may not export the Product in violation of applicable export laws.
Entire Agreement: This Agreement represents the full and complete understanding between the parties, and may not be modified or amended unless agreed to in writing by an authorized representative of Agile Mobile Medical Alert.
Copyright © 2016 Agile Mobile Medical Alert LLC. All rights reserved. Agile Mobile Medical Alert, the Agile Mobile Medical Alert logo, and Icon logo are trademarks of Agile Mobile Medical Alert LLC. *All other third-party trademarks are the properties of their respective owners.