TERM OF AGREEMENT
GRANDPASS INFINITE CARE LLC
19595 NE 10th AVENUE, BAY-D
MIAMI, FL 33179
(786) 568-7213
STANDARD INDIVIDUAL ELDERLY CARE INFORMATION SERVICES SALE AGREEMENT
Agreement between GRANDPASS INFINITE CARE LLC (hereinafter referred to as “GIC” or or “SELLER”) and s “Subscriber” or “Buyer”).
The parties hereto agree that:
1. PERSONAL EMERGENCY RESPONSE SYSTEM REMAINS PERSONAL PROPERTY / TITLE TO EQUIPMENT: GIC shall sell and provide instructions to the Subscriber in the proper installation and use of the Mobile Personal Emergency Response System (hereinafter referred to as PERS System) The PERS System may be in the form of a software program also known as an “APP” and or a hardware device. PERS system is not an improvement to real property and the equipment remains Subscriber’s personal property.
2. CANCELLATION AND REFUND POLICY: If Subscriber cancels this agreement pursuant to any statutory authority, GIC will, within 10 days or within such time as such statute specifies, upon such cancellation and return of equipment if provided by GIC, and or the removal of any provided software, refund to Subscriber any amount paid for the equipment and any advance payment for services not yet rendered. Members of the military may have the right to cancel this contract without penalty pursuant to the Service Members’ Civil Relief Act.
3. TERM OF AGREEMENT / RENEWAL: The term of this agreement shall be for a period of 1 year for the recurring services mentioned above in the order and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term. GIC may invoice Subscriber in advance monthly, quarterly, or annually at GIC’s option. Unless otherwise specified herein, all recurring services charges described in the order shall commence on the first day of the month next succeeding the date hereof, all payments being due on the first day of the month. In the event GIC agrees to suspend its services and Subscriber’s payments during the suspension period, the term of this agreement shall be deemed extended by the time of the suspension period.
4. INCREASES OF MONTHLY CHARGE: GIC shall be permitted to increase the charges provided for herein at any time or times after the expiration of one year from the date hereof by up to nine percent per annum each year upon giving notice to subscriber and subscriber agrees to pay such increases as invoiced.
5. WIRELESS CAPABILITIES / EXCESSIVE DATA USAGE: PERS Systems communicate by communication pathways which are not owned by GIC. GIC does not provide cellular or Internet service, maintain Internet connection, wireless access or other communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server except GIC may own its own radio pathway and remote servers, through which data passes and may be stored. In consideration of Subscriber making its monthly payments for remote access to the system and any remote servers maintained by GIC or others, GIC will authorize Subscriber access. GIC is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber’s PERS system can be compromised if the codes or devices used for access are lost or accessed by others and GIC shall have no liability for such unauthorized access. GIC is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock out codes. Electronic data may not be encrypted and wireless components of the PERS System may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology or any other established criteria for encryption and GIC shall have no liability for access to the PERS System by others by hacking or otherwise. GIC is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. If the Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service. GIC shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein.
6. GPS MONITORING / MOBILE TRACKING: If GPS tracking is included in GIC’S services, Subscriber will download the GIC’s APP to Subscriber’s GPS enabled cellular device which software enables GIC to monitor the location of Subscriber’s cellular device via the cellular network selected by Subscriber for the duration of this agreement. GIC is licensed to monitor the APP by the APP Manufacturer.
Mobile Tracking is designed to track individuals who will have on their person the Mobile Tracking Device or Internet connected device with software tracking APP. The device will work only within the 50 United States, in areas where mobile tracking has coverage and GIC has no control over such coverage. Mobile Device or APP may not be able to be tracked with exact precision; only ground level locations can be determined; GIC cannot determine locations within a building or any structure. GIC will have no liability for inability to report exact location at any particular time, but GIC will use its best efforts to report all available tracking information. GIC is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. The subscriber is responsible for all permits and permit fees that may be required, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse GIC for any fees or fines relating to permits or the services provided. GIC shall monitor tracking signals and communications received from the tracking device, or software APP. Upon Subscriber’s activation of the device or Software APP, GIC shall make every reasonable effort to locate the tracking device and if appropriate notify the police, fire, medical EMT, or other municipal authority deemed appropriate in GIC’s absolute discretion, and such other persons Subscriber has requested receive notification of such location on Subscriber’s Call List. Subscriber agrees to furnish GIC with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of emergency conditions together with a list of all medication, allergies and medical conditions Subscriber wishes to be available to all responding PERS personnel and medical personnel. All changes and revisions shall be provided to GIC in writing. All notifications by GIC or its designated communication center shall be by telephonic communication and GIC or its designated communication center shall be deemed to satisfy its monitoring response service by reaching the first agency or person designated on the Call List. Unless otherwise provided in the Call List GIC will make a reasonable effort to contact a person listed on the call list. A person on the list shall be deemed reached when contacted either via telephone call, text, email message, or voice mail. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a voice message, shall be deemed reasonable compliance with GIC’s notification obligation.
If Activity Monitoring is included as a service to be provided GIC’s services will use non-invasive sensors and specialized software to track daily activities, creating a profile that highlights any unusual behavior or pre-designated behavior or lack of activity, and to report such activity to Subscriber’s caregiver. This is a self-monitored service that is not monitored by GIC.
If Remote Patient Monitoring is a service to be provided GIC’s services will use a HIPA Compliant third-party service to maintain medical information and records received from devices installed by GIC pursuant to this agreement. All data is maintained as confidential identifiable by Subscriber number, not name or other identifiable information. Data is accessible to Subscriber and Subscriber’s designated caregiver and is not made available to EMT or other first responders.
7. PERS SYSTEM MONITORING CENTER SERVICES: Upon receipt of a signal, GIC or its designated Monitoring Center shall make every reasonable effort to notify the appropriate municipal police, fire, medical, EMT, emergency personal response service or person designated by Subscriber in Subscriber’s Call List to receive notification. Subscriber acknowledges that signals which are transmitted over cellular networks, telephone lines, internet, VOIP, or other modes of communication pass through communication networks which are beyond the control of GIC
and are not maintained by GIC, except GIC may own the radio network, and therefore GIC shall not be responsible for any equipment failure which prevents transmission signals from reaching the Monitoring Center or damages arising as a result thereof, or for data corruption, theft or viruses to Subscriber’s computers if connected to the PERS System communication equipment. GIC may, without prior notice, suspend or terminate its services, in GIC’s sole discretion, in the event of civil unrest, rioting or natural disaster which renders monitoring or first responder response impractical, or in event of Subscriber’s default in performance of this agreement or in event Monitoring Center facility or communication network is nonoperational or Subscriber’s system is sending false signals, without relieving Subscriber’s obligation to make payments required in this agreement. Upon suspension or termination of services GIC will notify Subscriber of such termination and the balance owed by Subscriber for the term of this agreement. GIC is authorized to notify Subscriber by email, First Class Mail delivered by the US Postal Service or text message to Subscriber’s cell phone. The Monitoring Center is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by GIC unless required by court order or request of law enforcement for exigent circumstances.
SUBSCRIBER ACKNOWLEDGES THAT GIC PROVIDES NO RESPONSE TO A PERS SYSTEM SIGNAL OTHER THAN NOTIFICATION TO THE APPROPRIATE PARTY, AND THAT THE PROVISIONS OF THIS AGREEMENT EXCULPATING AND LIMITING GIC’S LIABILITY ARE FULLY APPLICABLE TO THE PERS SYSTEM SERVICE.
Subscriber to Initial:
8. LIMITED WARRANTY: In the event that any part of the PERS System becomes defective, or in the event that any repairs are required, GIC agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of One Year from the date of installation or commencement of services or during the Extended Warranty period if Subscriber has selected that coverage. GIC reserves the option to either replace or repair the PERS equipment and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life. GIC is not the manufacturer of the equipment and other than GIC’s limited warranty, Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, GIC makes no express warranties as to any matter whatsoever, including, but not limited to, the condition of the equipment, its merchantability, or its fitness for any particular purpose, and GIC shall not be liable for consequential damages to the extent permitted by law. GIC does not represent nor warrant that the PERS may not be compromised or circumvented, or that the system will prevent any loss; or that the system will in all cases provide the protection for which it is designed. GIC expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than GIC. GIC shall not be liable for consequential damages to the extent permitted by law. Subscriber acknowledges that any affirmation of fact or promise made by GIC shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on GIC’s skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that GIC has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. The subscriber’s exclusive remedy for GIC’s breach of this agreement or negligence to any degree under this agreement is to require GIC to repair or replace, at GIC’s option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to the Extended Warranty Option if selected by Subscriber in paragraph 4(c) of this agreement. Except for GIC repairs under the Warranty and Extended Warranty, it is Subscriber’s responsibility to maintain the PERS system in working order and Subscriber remains liable for all payments under this Agreement notwithstanding the operation of the PERS system. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, GIC will procure all permits required by local law and will provide a certificate of workman’s compensation prior to starting work.
9. SUBSCRIBER’S CARE OF EQUIPMENT / REPAIRS AND ADDITIONS: If GIC has provided hardware, Subscriber agrees not to tamper with, or otherwise interfere with the PERS System. Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of damage caused by, misuse, negligent care, water, insects, vermin, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by GIC without additional charge during the Warranty or Extended Warranty period. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in the Warranty and will be repaired or replaced at Subscriber’s expense. GIC’s obligation to repair or replace any device does not extend past GIC’s warranty for the device. GIC has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the GIC APP not to operate or perform as designed. GIC’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. GIC is not liable for any losses caused by software incompatibility issues. The subscriber agrees to report any discovered software issues to GIC as soon as practical.
10. TELEPHONE SERVICE MAY BE NECESSARY AND SUBSCRIBER’S RESPONSIBILITY: If GIC has provided a base unit with transmitter which is installed or placed in Subscriber’s premises in a fixed location and designed to communicate by telephone or high-speed Internet VoIP, Subscriber agrees that it is Subscriber’s responsibility to provide appropriate communication pathways. GIC has no control over these pathways and no responsibility for communication failure. The subscriber agrees not to tamper with or otherwise interfere with the PERS System. Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of damage caused by misuse, negligent care, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by GIC without additional charge. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. GIC’s obligation to repair or replace any device does not extend past GIC’s warranty for the device. GIC has no control over the Subscriber owned hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the APP not to operate or perform as designed. GIC’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. GIC is not liable for any losses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to GIC as soon as practical.
11. SUBSCRIBER’S DUTY TO SUPPLY ELECTRIC, COMMUNICATION SERVICE AND ENVIRONMENTAL CONDITIONS: Subscriber agrees to furnish, at Subscriber’s expense, all AC power and electrical outlets and receptacles, telephone hook-ups, and or high speed Internet, and maintain areas in the premises where active electronics, such as panel, expansion devices and power supplies, remain between 32 to 122 degrees Fahrenheit, as deemed necessary by GIC or PERS System equipment manufacturer.
12. SELF-INSTALLATION: GIC will provide telephone assistance to Subscriber to assist Subscriber with the installation of GIC’s device or Software APP. GIC has no liability for the installation. Under no circumstances will GIC repair Subscriber’s Internet connected device unless the device is provided by GIC.
13. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: If this agreement requires GIC to install equipment, GIC shall not be liable for any damage or loss, economic or non-economic, sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including GIC’s negligence or failure to perform any obligation. The pricing to be paid by Subscriber in this agreement is based on current pricing by GIC’s suppliers and vendors. In view of supply shortage and inflation Subscriber agrees to pay any increase for equipment or services to GIC by GIC’s suppliers and vendors in connection with equipment and services to be provided by GIC to Subscriber. GIC will notify Subscriber of any such increase, and Subscriber shall have the option of paying the increase or selecting alternative equipment and services, if available, for the prices set forth in this agreement.
14. TESTING AND REPAIR SERVICE OF PERS: The parties agree the equipment, once delivered, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to test the operation of the PERS System and to notify GIC if it is in need of repair or replacement. During the warranty period GIC shall service or replace the equipment only if returned by the Subscriber to GIC at GIC’s address. If GIC fails to repair or replace the PERS equipment within 14 days after receipt of the equipment and notice, Subscriber shall not be obligated to pay any amount for service from date said written notice and equipment is delivered to GIC, until the PERS System is restored to working order unless GIC determines that the equipment is operational and the system failure was electrical, telephone or communication service related at Subscriber’s premises, in which event Subscriber shall pay GIC’s cost of shipping and inspection charge of $125.00. If this agreement calls for self-installation, Subscriber is responsible for installing and activating the PERS System and ensuring that the PERS System communicates with the designated Monitoring Center and that the PERS System remains operational so that upon activation signals are communicated to the designated Monitoring Center.
If GIC has installed the PERS systems at Subscriber’s premises, the Warranty Service is pursuant to paragraphs 4c, 10, 11, and 16 and GIC shall not be required to service the PERS equipment unless it has received notice from Subscriber, and upon such notice, GIC shall, during the warranty period, service the PERS equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, between the business hours between 9 a.m. to 5 p.m. Subscriber agrees to test and inspect the PERS equipment and to advise GIC of any defect, error or omission in the PERS equipment. In the event Subscriber complies with the terms of this agreement and GIC fails to repair the PERS equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the PERS equipment is in need of repair to GIC, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the PERS equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the PERS equipment is in issue, the Subscriber shall be precluded from raising the issue that the PERS equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by GIC, evidencing that warranty service was requested by Subscriber.
15. TERMINATION IN THE EVENT OF DEATH AND EARLY TERMINATION RIGHTS: This agreement and Subscriber’s payment obligations shall terminate upon Subscriber’s death and Subscriber may have other reasons to terminate this agreement early. See the Notice of Cancellation Rights below for additional basis to terminate this agreement early.
16. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: SUBSCRIBER AGREES TO AND SHALL DEFEND, ADVANCE EXPENSES FOR LITIGATION AND ARBITRATION, INCLUDING INVESTIGATION, LEGAL AND EXPERT WITNESS FEES, INDEMNIFY AND HOLD HARMLESS GIC, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, LAWSUITS, INCLUDING THOSE BROUGHT BY THIRD-PARTIES OR SUBSCRIBER, INCLUDING REASONABLE ATTORNEYS’ FEES AND LOSSES, ASSERTED AGAINST AND ALLEGED TO BE CAUSED BY GIC’S PERFORMANCE, NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER OR IN FURTHERANCE OF THIS AGREEMENT. PARTIES AGREE THAT THERE ARE NO THIRD- PARTY BENEFICIARIES OF THIS AGREEMENT. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against GIC or GIC’s subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of GIC, which shall not unreasonably be withheld. GIC shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations created herein upon such assignment.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN INDEMNITY CLAUSE.
17. TERMINATION OF AGREEMENT AND SERVICES: Upon termination of this agreement GIC shall be permitted to discontinue all monitoring service.
18. LEGAL ACTION / TERMINATION OF SERVICES NOTIFICATION / LIQUIDATED DAMAGES / AGREEMENT TO BINDING ARBITRATION: The parties agree that due to the nature of the services to be provided by GIC, the payments to be made by the Subscriber for the term of this agreement form an integral part of GIC’s anticipated profits; that in the event of Subscriber’s default it would be difficult if not impossible to fix GIC’s actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to GIC within 10 days of the date such payment is due Subscriber shall be liable for any unpaid charges to date of default and the balance of all payments for the entire term shall immediately become due and payable and Subscriber shall be liable for 80% thereof as LIQUIDATED DAMAGES and GIC shall be permitted to terminate all its services under this agreement without relieving Subscriber of any obligation herein including but not limited to terminating monitoring service. Upon suspension or termination of services GIC will notify Subscriber of such termination. GIC is authorized to notify Subscriber by email, First Class Mail delivered by the US Postal Service or text message to Subscriber’s cell phone which notice of termination of services shall be deemed sufficient notice.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.
SUBSCRIBER MAY BRING CLAIMS AGAINST GIC ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY
ARBITRATION SERVICES INC., ITS SUCCESSORS OR ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM AND THE FEDERAL ARBITRATION ACT (FAA), EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES (TO THE EXTENT PERMITTED BY LAW) MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement, and shall on request of a party, conduct proceedings by telephone, video or submission of papers. A party requesting in
person discovery, in-person hearing or a transcript of the discovery proceeding or hearing, shall pay for the cost of such transcript and arbitrator fees charged in connection with the discovery request and in-person hearing, which may be allocated among the parties by the arbitrator in the final award. By arbitrating, the parties waive their right to a trial before a judge or jury, waive their right to appeal the arbitration award and waive their right to participate in a class action. In the event of any litigation between the parties they waive the right to a jury trial unless prohibited by law. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party’s address designated in this agreement, on file with an agency of the state, or any other address provided by the party in writing to the party making service. The parties submit to the jurisdiction and laws of Florida, except for arbitration which is governed by the FAA and the arbitration rules. The parties are engaged in interstate commerce and the FAA and arbitration rules shall govern, notwithstanding any state law to the contrary. The prevailing party in any litigation or arbitration is entitled to recover its legal fees, costs and disbursements so that the party is made whole from the other party. In the event a party commences a proceeding to confirm an arbitration award, the prevailing party shall be entitled to attorney fees, costs and disbursements for such proceeding. All actions, arbitration or proceedings by either party must be based on the provisions of this agreement and any other action that Subscriber may have or bring against GIC with respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT SUBSCRIBER IS WAIVING SUBSCRIBER’S RIGHT TO TRIAL IN A COURT OF LAW AND OTHER RIGHTS.
19. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to GIC any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon GIC because of this agreement. Should GIC be required by existing or here after enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay GIC for such service or material.
20. FALSE ALARMS / PERMIT FEES / WITNESS FEES: Subscriber is responsible for all permits and permit fees, and agrees to file for and maintain any permits required by applicable law and indemnify or reimburse GIC for any fees or fines relating to permits or false alarms. GIC shall have no liability for permit fees, false alarms, false alarm fines, police, medical EMT or fire response, any damage to personal or real property or personal injury caused by EMT, police, fire department or any other responders response to emergency conditions, whether false alarm or otherwise, or the refusal of the police, medical, EMT, or fire department to respond or the manner in which police or fire department responds. In the event of termination of police medical, fire, or EMT response service this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should GIC be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay GIC for such service or material. GIC shall have no liability for police, fire, medical or EMT non-response, response, or any damage to person or property in connection with any emergency condition reported by GIC or its designated Monitoring Center in response to a signal received from Subscriber’s PERS. In the event Subscriber or any third party subpoenas or summons GIC requiring any services or appearances, Subscriber agrees to pay GIC $150 per hour for such services and appearances. Subscriber shall reimburse GIC for any Monitoring Center charges for excessive, run-away or false alarm signals.
21. GIC’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that GIC is authorized and permitted to subcontract any services to be provided by GIC to third parties who may be independent of GIC and that GIC shall not be liable for any loss, damage or injury sustained by Subscriber by reason of any other cause whatsoever caused by the negligence of third parties, except that GIC shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints GIC to act as Subscriber’s agent with respect to such third parties.
Subscriber acknowledges that this agreement, and particularly those paragraphs relating to GIC’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of GIC.
22. NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER’S EXCLUSIVE REMEDY: GIC does not represent nor warrant that the PERS System will prevent any loss, damage or injury, or that the PERS System will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that GIC is not an insurer, and that Subscriber assumes all risk for loss or injury to Subscriber’s property or person. GIC has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber’s exclusive remedy for GIC’s default hereunder is to require GIC to repair or replace, at GIC’s option, any equipment or part of the PERS System which is non-operational. Except for services provided pursuant to this agreement, Subscriber agrees to look to manufacturer’s warranty for any equipment warranty. GIC has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, or other software programs that might conflict with or cause the GIC APP not to operate or perform as designed. GIC’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. GIC is not liable for any losses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to GIC as soon as practical.
23. EXCULPATORY CLAUSE: GIC is not an insurer and no insurance coverage is offered herein. The equipment and GIC’s services are designed to detect and reduce certain risks of loss, though GIC does not guarantee that no loss or damage will occur. GIC is not assuming liability, and, therefore, Subscriber agrees GIC, shall not be liable to Subscriber or any other third party, and Subscriber covenants not to sue GIC, for any loss, economic or non-economic, business loss or interruption, consequential damages to the extent permitted by law, in contract or tort, data corruption or inability to retrieve data, personal injury, death or property damage sustained by Subscriber or others as a result of equipment failure, human error or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by GIC’s breach of contract, negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty, except for gross negligence and willful misconduct.
24. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT, EXCEPT FOR GIC’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, SHOULD THERE ARISE ANY LIABILITY ON THE PART OF GIC AS A RESULT OF GIC’S BREACH OF CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF GIC’S OBLIGATIONS PURSUANT TO THIS AGREEMENT, EQUIPMENT FAILURE, HUMAN ERROR, STRICT PRODUCTS LIABILITY, OR ANY OTHER LEGAL DUTY, IN CONTRACT, TORT, EQUITY OR LAW, ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ACTUAL, COMPENSATORY OR NOMINAL, THAT GIC’S LIABILITY AND DAMAGES, WHETHER ACTUAL, COMPENSATORY, NOMINAL, CONSEQUENTIAL (TO THE EXTENT PERMITTED BY LAW), PUNITIVE, EXEMPLARY, STATUTORY, OR ANY OTHER DAMAGE SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE GIC’S AMOUNT OF LIMITATION OF LIABILITY AND DAMAGES, SUBSCRIBER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH GIC’S INCREASED LIABILITY AND DAMAGES. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE. GIC’S LIABILITY AND DAMAGES FOR GROSS NEGLIGENCE AND WILLFUL MISCONDUCT SHALL NOT EXCEED ITS AVAILABLE INSURANCE COVERAGE.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN EXCULPATORY CLAUSE, AND LIMITATION OF LIABILITY PROVISION.
25. NOTE ABOUT EXTRA DEVICES: Extra devices for remote activation of the PERS System which are ordered after this agreement is
executed or not included in the description of equipment will be deemed part of the equipment described in this agreement and governed as if part of the system and equipment sold pursuant to this agreement.
26. MODIFICATION OF CALL LIST: The Subscriber may change the Call List in writing provided to and acknowledged by GIC. 29. PERSONAL MEDICAL DISCLOSURE AUTHORIZATION: Any medical or other personal information provided by Subscriber to GIC may be disclosed by GIC to any police, fire, EMT personnel or medical personnel, (First Responders) or anyone on Subscriber’s Call List requesting same. GIC DOES NOT RESPOND TO SUBSCRIBER’S LOCATION AND DOES NOT PROVIDE ANY MEDICAL OR EMERGENCY ADVICE. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER CANNOT RELY ON ANY STATEMENT OR ASSURANCES BY MONITORING CENTER OPERATORS WHO CONTACT SUBSCRIBER IN RESPONSE TO A SIGNAL AND ANY STATEMENTS ARE INTENDED TO CALM SUBSCRIBER DURING AN EMERGENCY SITUATION.
27. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes GIC to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to GIC to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.
28. FULL AGREEMENT/SEVERABILITY: This agreement and the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern. Should any provision of this agreement be deemed unenforceable, the provision shall be deemed modified and enforceable to the extent deemed enforceable and in any event shall not render any other provision in this agreement unenforceable.
THIS CONTRACT IS FOR FUTURE CONSUMER SERVICES AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMER’S RIGHT TO CANCEL UNDER CHAPTER 2-18, FLORIDA ADMINISTRATIVE CODE.
SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS 5 PAGE AGREEMENT AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION.
CAUTION — IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. READ THIS AGREEMENT CAREFULLY.
CUSTOMER’S RIGHT TO CANCEL
THIS IS A HOME SOLICITATION SALE, AND IF YOU DO NOT WANT THE GOODS OR SERVICES, YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO SELLER (GRANDPASS) IN PERSON, BY TELEGRAM, OR BY MAIL. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE DELIVERED OR POSTMARKED BEFORE MIDNIGHT ON THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT, SELLER MAY NOT KEEP ALL OR PART OF ANY CASH DOWN PAYMENT.
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE, AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER.
YOU MAY ALSO CANCEL THIS CONTRACT IF UPON A DOCTOR’S ORDER YOU CANNOT PHYSICALLY RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER (GRANDPASS) MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRO RATA PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED.