Terms & Conditions

1. PARTIES AND SERVICES: The person who accepted delivery of the Equipment and opened the sealed packaging and any person ordering/paying for Services (“Payer”) or using them (“User”) (collectively referred to as “Subscriber”) hereby contract with Medical Life Alarm, LLC, a Wyoming limited liability company (“Medical Life Alarm”) for Medical Life Alarm alert system monitoring service (“Service”).  Unless the context otherwise requires, the term “Subscriber” as used herein refers to all User(s) and Payer(s), and any of them individually.  The obligations of Subscriber are joint and several, meaning that Payer(s) and User(s) are equally, and each individually, responsible for the obligations of the Subscriber under this Agreement. 

The Service includes Medical Life Alarm equipment and monitoring.  Equipment means a Medical Life Alarm T.I.M.E. or DDD personal help button (“Equipment”).  Monitoring is provided through a third-party monitoring center authorized by Medical Life Alarm (the “Monitoring Center”) (Medical Life Alarm and the Monitoring Center collectively referred to as the “Monitoring Team”).  During the initial and any renewal term of this Agreement, Equipment remains the property of Medical Life Alarm and must be returned to Medical Life Alarm at the end of this Agreement as set forth in Paragraph 2 below.  If Subscriber fails to return the Equipment as set forth in Paragraph 2, Subscriber will be fully liable for the value of the Equipment, which Subscriber agrees is $250. 

The Service includes receipt, analysis and response to alarm signals from Equipment.  Upon receipt of a signal, the Monitoring Team shall: (a) make reasonable effort to promptly contact Subscriber, and (b) if the Monitoring Center deems necessary in its reasonable judgment, notify: (i) persons and entities designated by Subscriber as “Responders” to Medical Life Alert (“Responders”), in the order designated by Subscriber, or (ii) police, fire or ambulance designated by Subscriber.

Subscriber agrees that the Monitoring Team may rely absolutely on the statements of Subscriber, Responders, or any person who says that they are acting on behalf of a Responder or Subscriber, with respect to the location and condition of Subscriber.  Subscriber agrees that the Monitoring Team, in their sole and absolute discretion and without any liability, (a) may contact or attempt to contact the Premises as frequently as the any member of the Monitoring Team deems appropriate to verify the need to alert Responders; and (b) after receiving oral advice from anyone at the premises to disregard the alarm signal any member of the Monitoring Team may in their sole and absolute discretion and without liability, refrain from alerting the Responders or advise the Responders of the receipt of oral advice to disregard the alarm signal. 

SUBSCRIBER AGREES THAT ATTEMPTING TO NOTIFY THE DESIGNATED RESPONDERS BY PHONE IS THE MONITORING TEAM’S ONLY DUTY. Subscriber understands and agrees that: (a) the Monitoring Team is not responsible for the promptness, sufficiency or adequacy of the action of any Responder or any third party acting for Responder; (b) the Monitoring Team in no way represents or guarantees that Responders can be contacted, can or will respond, or that any response will be safe or effective; (c) the Responders have been designated by him or her and are not agents or other representatives of either member of the Monitoring Team; and (d) the Monitoring Team will not send any of its personnel to Subscriber’s premises in response to any emergency signal.

2. TERM & TERMINATION:  This Agreement starts when this Agreement is acknowledged over the phone by the Subscriber or when the equipment is activated by the Subscriber.  The original term of this Agreement will last for the extent of the billing cycle period selected over the phone at sign up and will renew for the same consecutive billing cycle thereafter unless terminated as set forth below.  Subscriber may terminate this Agreement by returning the Equipment to Medical Life Alarm along with a written request to cancel including the Subscriber’s name and address.  Medical Life Alarm may terminate this Agreement and Services hereunder at any time for non-payment of fees or abuse of the service.  Upon termination, Subscriber will return Equipment to Medical Life Alarm by mailing the Equipment to Medical Life Alarm at Subscriber’s expense. Return Equipment to Medical Life Alarm, [Address: 5504 Commercial  Ave Raleigh NC 27612] .  If Subscriber fails to return Equipment within thirty (30) days of termination, Subscriber agrees to pay Medical Life Alarm the value of Equipment which is $250 and which Subscriber hereby authorizes Medical Life Alarm to bill to Subscriber’s credit card or bank account or otherwise collect.

3. BINDING AGREEMENT: This Agreement is binding on Subscriber, Subscriber’s heirs, executors and administrators.  Subscriber, including each User and Payer, each shall be jointly and severally liable to satisfy the Subscriber’s obligation under this Agreement and are each bound by its terms, including Paragraphs 16 and 17.  By accepting these terms and conditions, Subscriber, including any User and Payer, each represent that they are agents of each other, and (a) Subscriber represents and warrants to Medical Life Alarm that Subscriber has the full power and authority to bind any Payer and User to these terms and conditions; and (b) each Payer represents and warrants to Medical Life Alarm that Payer has the full power and authority to bind Subscriber and any User to these terms and conditions. 

4. SUBSCRIBER DUTIES:  In addition to other responsibilities set forth elsewhere in this Agreement, Subscriber shall:

1. 1. Provide a suitable electrical outlet for periodic charging of the Equipment and be responsible for keeping the Equipment charged. 
   2. Select and give accurate contact information to Medical Life Alert as to all Responders.  Subscriber represents that personal Responders have agreed to act as responders;
   3. Provide Responders with access to Subscriber’s house;
   4. Not alter or attempt repairs to Equipment;
   5. Activate and use the Equipment according to Medical Life Alarm written requirements found in the user guide as provided with the delivery of Equipment; 
   6. Promptly inform Medical Life Alarm of any changes to the information provided in, or in connection with, this Agreement.  All changes are the sole responsibility of Subscriber and shall become effective at the time of delivery to Medical Life Alarm;
   7. Test equipment at least every month with the personal help button following recommended testing established by Medical Life Alarm;
   8. Pay any fine resulting from any false alarm.

5. BATTERY NOTIFICATION:  Subscribers may opt to receive notifications that the battery of the Equipment needs to be recharge. It is Subscriber’s responsibility to keep the unit operating and charged. Failure to maintain battery power may prevent emergency alerts from being sent.

6. FEES:  Subscriber agrees to pay the periodic fees (monthly, quarterly, or annual) associated with the Agreement along with any applicable sales tax or for any additional Medical Life Alarm services later agreed to by the parties.  Payments are due in advance of the period being billed on the anniversary of the activation date.  The initial payment is due upon activation or online transaction completion and is in accordance with the payment plan selected (monthly, quarterly or annual).  At the time of this Agreement’s renewal, Subscriber hereby authorizes Medical Life Alarm to bill the credit card or bank account Subscriber provided to Medical Life Alarm over the phone at sign up.

1. 1. Late Fees: If a payment is not made for any reason (including an expired credit card or insufficient funds in a checking account), Subscriber shall pay Medical Life Alarm a late fee for the administrative cost incurred in the amount of $35.00 for each late payment, or such lower amount as my be permitted or authorized by law.
   2. Refunds: All payments are nonrefundable. 
   3. Billing information: Subscriber agrees to keep on file with Medical Life Alarm acceptable valid bank credit/debit card information, limited to bank cards with a Visa, MasterCard, American Express or Discover logo.  Medical Life Alarm may terminate this Agreement for non-payment of fees and recover all payments due to Medical Life Alarm.  In the event it becomes necessary for Medical Life Alarm to institute legal proceedings to collect payments due under this Agreement, Subscriber agrees to pay for a full month of service for any month in which the Subscriber has received Service. 

7. COMMUNICATION LIMITATIONS:  It is understood that the communication of the Equipment relies upon the availability of cellular service and data which are provided by a third party that is not controlled by Medical Life Alarm.  The ability of the Equipment to accurately track Subscriber’s location is dependent the availability of GPS, cellular network and/or wireless internet coverage depending on Subscriber’s location.  The Equipment will function only in areas, locations and buildings where such service is available.  If such service is unavailable or unreliable, the Equipment may not accurately reflect your location or, it may not communicate at all with Medical Life Alarm monitoring center.  In such event, the Monitoring Center may be unable to communicate your location to a Responder, and a Responder may not be able to locate you. 

8. INTERRUPTION OF SERVICE:  Subscriber acknowledges that the Equipment sends its signals using cellular services which are wholly beyond the control of Medical Life Alarm.  IN THE EVENT EQUIPMENT IS IN AN AREA WITHOUT CELLULAR SERVICE OR THE CELLULAR SERVICE FOR THE AREA IS OUT OF ORDER OR DISCONNECTED, THE EQUIPMENT WILL NOT WORK.   Medical Life Alarm does not assume any liability for interruption of the service due to strikes, riots, sabotage, terrorist activities, floods, storms, earthquakes, fires, power failure, and interruption of cellular service, acts of God, or any other cause beyond Medical Life Alarm’s control including the activities of Subscriber.  MEDICAL LIFE ALARM IS NOT REQUIRED TO SUPPLY THE SERVICE DURING THE CONTINUATION OF ANY INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE.

9. CONSENT TO DISTRIBUTION AND USE OF INFORMATION: Subscriber is providing Medical Life Alarm with medical information for the purpose of providing the Service.  Subscriber agrees that Medical Life Alarm, Responders and any other party named in this Agreement may receive all information contained in this Agreement or otherwise provided by Subscriber to Medical Life Alarm.  Subscriber further agrees that in the event that a Responder or other assistance is sent to Subscriber’s home (an “Incident”), Medical Life Alarm may notify any or all of the parties listed in this Paragraph.  Further, Subscriber releases Medical Life Alarm from all liability, which may arise out of Medical Life Alarm’s disclosure of information in this Agreement or about any Incident to the parties listed in this Paragraph.  Subscriber acknowledges that all communications between Subscriber and Medical Life Alarm or the Monitoring Center may be recorded and Subscriber consents to such recording.

By signing up and using the Equipment, Subscriber is providing Medical Life Alarm with contact details, payment information, and information on the use of the Equipment (including location data when Equipment is activated).  The Subscriber authorizes Medical Life Alarm to use and disclose all information provided by Subscriber, other than medical information, for the purposes of (a) providing and servicing the Service, (b) handling billing, account management, and authorization, (c) internal analysis, and (d) marketing, cross-sell, or promotional communications regarding Medical Life Alarm and authorized third parties. Subscriber acknowledges that by using the Equipment they consent to marketing or promotional contacts, and that Subscriber may opt out of such marketing communications at any time by notifying Medical Life Alarm in writing or by any reasonable means, effective within ten business days of request, in accordance with applicable law.

10. CONSENT TO COMMUNICATIONS: By using the Equipment, Subscriber consents to Service, billing, and authorization communications made to Subscriber via phone call, text message, email, or other methods as necessary to maintain the Service, unless Subscriber opts out by notifying Medical Life Alarm in writing or by any reasonable means.  Opt-out requests for any communications will be processed within ten business days. Where permitted by law, these communications are exempt from federal or state Do-Not-Call and Telephone Consumer Protection Act regulations unless and until Subscriber opts out.

11. FALSE ALARMS OR ABUSE OF SERVICE: Subscriber agrees to reimburse Medical Life Alarm for any fees assessed against Medical Life Alarm as a result of false alarms originating from Subscriber’s premises.

12. FORCED ENTRY; MEDICAL EXPENSES: Subscriber agrees that if ANY ALARM SIGNAL is received by Medical Life Alarm and a Responder is sent to Subscriber’s home and Subscriber cannot let Responder into the locked home and Responder does not have a key that THE SUBSCRIBER AUTHORIZES RESPONDER TO BREAK INTO SUBSCRIBER’S HOME.  SUBSCRIBER UNDERSTANDS THAT THIS MAY CAUSE DAMAGE TO THE HOME.  SUBSCRIBER WAIVES ANY CLAIM AGAINST MEDICAL LIFE ALARM OR ANY RESPONDER WHICH MAY ARISE AS A RESULT OF FORCED ENTRY INTO THE HOME.  SUBSCRIBER SPECIFICALLY WAIVES ANY CLAIM FOR DAMAGE RESULTING FROM FORCED ENTRY AFTER AN INACTIVITY ALARM OR NON-RESPONSE TO A REMINDER SERVICE EVEN IF SUBSCRIBER IS SIMPLY NOT HOME. In addition, Subscriber authorizes Medical Life Alarm to notify paramedics and other appropriate emergency personnel who may provide medical assistance, if necessary.  Subscriber hereby releases Medical Life Alarm from any and all expenses and liability incurred as a result of such medical services.

13. ATTORNEYS’ FEES: In connection with any dispute arising under this Agreement, the prevailing party shall recover from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement or otherwise in connection with any lawsuit, arbitration or other legal proceeding related to or arising under this Agreement.

14. SUSPENSION OR CANCELLATION OF THE AGREEMENT: Subscriber agrees that Medical Life Alarm may stop or suspend monitoring service for any of the following reasons: (a) strikes, severe weather, earthquakes or other such events beyond our control that effect the operations of the Monitoring Center or so severely damage Subscriber premises that continuing service would be impractical.  (b) There is an interruption or unavailability of the telephone service between the System and the Monitoring Center.  (c) Subscriber does not pay the service charge due to Medical Life Alarm, after Medical Life Alarm has given Subscriber five (5) days’ notice that Medical Life Alarm is cancelling service because of non-payment.  (d) Medical Life Alarm is unable to provide service because of some action or ruling by any government authority.  (e) Subscriber becomes a debtor in a bankruptcy proceeding. 

 15. ASSIGNMENT: This Agreement may NOT be assigned by Subscriber except with written consent of Medical Life Alarm. This Agreement may be assigned by Medical Life Alarm to a financial institution or any other personal emergency services provider at any time. 

16. DISCLAIMER AND LIMITATION OF LIABILITY: Subscriber understands and agrees that Medical Life Alarm is NOT an insurer and that insurance, if any, covering personal injury or other personal claims and property loss or damage on Subscriber’s premises shall be obtained by Subscriber in such amounts and covering such perils as Subscriber may determine; that the amounts being paid to Medical Life Alarm are based on the value of the Service and not on the amount of potential loss, and such amounts are not sufficient to guarantee that no loss will occur; that Medical Life Alarm is NOT assuming responsibility for any losses which may occur even if due to Medical Life Alarm’s negligent performance or failure to perform any obligation under this Agreement.  Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury.

MEDICAL LIFE ALARM MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SERVICE AND THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY TO MEDICAL LIFE ALARM, MEDICAL LIFE ALARM’S MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE SERVICE, INCLUDING THE EQUIPMENT, OR ITS USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE MAXIMUM SUM OF $1,000.  SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVICE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.  IN NO EVENT SHALL MEDICAL LIFE ALARM BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

17. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION.  Subscriber agrees to indemnify and hold harmless Medical Life Alarm, its employees and agents from and against all and any claims (including by third parties), lawsuits and losses alleged to be caused by Medical Life Alarm’s performance, negligent performance or failure to perform its obligations under this Agreement.  If anyone other than Subscriber asks Medical Life Alarm to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) Medical Life Alarm’s breach of this Agreement or a failure of Equipment or Service, (ii) Medical Life Alarm’s negligence, (iii) any other improper or careless activity of Medical Life Alarm in providing Equipment or Service, or (iv) a claim for indemnification or contribution, Subscriber agrees and will pay to Medical Life Alarm (a) any amount which a court or other tribunal orders Medical Life Alarm to pay or which Medical Life Alarm reasonably agrees to pay, and (b) the amount of Medical Life Alarm’s reasonable attorneys’ fees and any other losses or costs that Medical Life Alarm may pay in connection with such third-party claim or dispute. Unless prohibited by Subscriber’s property insurance policy or other insurance, Subscriber agrees to release Medical Life Alarm from any claims of any parties suing through Subscriber’s authority or in Subscriber’s name, such as Subscriber’s insurance carriers, and Subscriber agrees to defend Medical Life Alarm against any such claim.  Subscriber will notify Subscriber’s insurance carrier(s) of this release.

18. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL.  Both Medical Life Alarm and Subscriber agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim that occurred.  In addition, any such legal proceeding shall not be heard before a jury.  EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL. 

19. ENTIRE AGREEMENT/MODIFICATION/CHOICE OF LAW:   This Agreement shall constitute the entire Agreement between Subscriber and Medical Life Alarm.  No person installing, servicing or otherwise dealing with Equipment is or shall be authorized to act for or bind Medical Life Alarm.  This Agreement supersedes all prior representations, understandings or agreements between the parties.  This Agreement may only be modified in writing signed by both parties.  The parties agree that this Agreement will be governed by the laws of the State of North Carolina.

20. SEVERABILITY. If any part, term, or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provisions held to be illegal or invalid.