Terms and Conditions

 

This Terms and Conditions of the Subscriber Agreement are month to month. Subscriber has the right to cancel the service at any time for any reason. There are no cancellation fees or early termination fees. The price of the service will never increase.

SUBSCRIBER AGREEMENT

This agreement is made this ______________ day of ____________________________,

20_______, by and between Valued Relationships, Inc. (“VRI” or “Valued Relationships”), an Ohio

corporation, and _______________________________________________ (your name), the

subscriber (“Subscriber”, “You”, “Your”) for an Emergency Response System.

1. SUBSCRIBERS DUTIES:
A. Subscriber authorizes VRI to release information about Subscriber to other sources involved in providing Subscriber care.
B. Subscriber shall not use any caller ID blocking services or devices and acknowledges that VRI requires this information to provide service.
C. Subscriber shall not attach or connect any apparatus or device to the System.
D. Subscriber shall supply 24 hour 110 volt circuits as required to power the System.
E. Subscriber shall provide uninterrupted telephone service or any other equipment that may be deemed necessary to maintain and keep the System operational. Telephone service over the internet or using digital phone lines may be disrupted when no electrical service is present, when internet bandwidth is insufficient, or when power is disabled, preventing the unit from calling VRI.
F. Subscriber shall provide responders access to their home. This Agreement authorizes other parties in control of the premises, including property managers, caretakers and maintenance personnel, to grant access to VRI to pick up or perform service on equipment.
G. Subscriber hereby authorizes the police or other emergency personnel to assist in entry into the home at the expense of the Subscriber’s estate. Failure to return the equipment will result in a charge for the equipment or in theft charges being filed.
H. Subscriber shall notify a VRI representative by telephone at (800) 860-4230 before any changes are made to the Subscriber’s home telephone system so VRI can work with the Subscriber to properly test the equipment after a telephone network change.
I. Subscriber shall not move the equipment to another physical address or change telephone wiring without prior notice to VRI.
J. Subscriber will complete the VRI Care Plan and provide a signed copy to VRI. Subscriber will be able to designate first responder priority to be either emergency services or other responders selected by Subscriber. If other responders are not available when contacted, emergency services will be dispatched. Emergency services may charge Subscriber a fee or fees for the performance of their services.
K. After initial setup, Subscriber will call a VRI representative at (800) 860-4230 for any changes in the Subscriber’s Care Plan, medications, allergies or other information Subscriber desires VRI to communicate to any responding emergency personnel on Subscriber’s behalf.
L. Subscriber will test the system often, at least weekly, and after the pendant has been exposed to water, such as after a bath or shower. There are no Subscriber charges for testing the system or non emergency system activations.
M. Subscriber is responsible for equipment installation, which requires plugging unit into a 110V electrical outlet and RJ45 (standard) phone jack.

2. LIMITATION OF LIABILITY: Subscriber understands that VRI IS NOT AN INSURER and that (a) the value of service we provide is based solely on the amount You pay; (b) the system may not always operate properly for various reasons; (c) it is difficult to determine how fast police, fire department, paramedic unit or others would respond to an alarm signal or dispatch; (d) it is difficult to determine what portion, if any, of personal injury or death would be caused by system failure. Even if a court of competent jurisdiction decides that a failure of the system allowed any harm (whether personal injury or death) to Subscriber or anyone in Subscriber’s premises or using Subscriber’s system, Subscriber agrees that Subscriber liability shall be limited to $500.00, and this shall be Subscriber’s only remedy regardless of what legal theory is used to determine VRI was liable for the injury or loss.

3. RIGHT TO RESCIND: You have the right to cancel or rescind this contract for a period of three business days from the date of signing. If You choose to cancel, please do so by writing “CANCEL SERVICE” on top of this form and returning it to VRI, or by notifying VRI in writing.

4. TERM OF THE AGREEMENT: This Agreement has a term of one month and will renew automatically for subsequent one month terms until the Subscriber contacts VRI to cancel the service using the procedures described on this website, or by calling 800 860 4230. Subscriber will return all equipment to VRI in good working order within 21 days of cancellation. Subscriber is responsible for return shipping costs, insurance and tracking. VRI will continue to bill and collect for services as described in the Subscriber order until all of the equipment is returned to VRI in good working order. If the equipment is not returned within the required time, it will be assume that the Subscriber has decided to purchase and keep the equipment, and VRI will charge the appropriate Equipment Fees for the equipment. When the Subscriber returns all equipment in good working order according to the cancellation procedures, VRI will cease providing services and will stop all future charges for such services to Subscriber. All other terms of this Agreement will remain in effect indefinitely.

5. ASSIGNEES: VRI may transfer or assign the Agreement to any other company at any time. This Agreement will remain in force and the rights and benefits shall accrue to the assignee in the same manner as they apply to VRI.

6. PREPAID FEES: All prepaid fees, if any, are relinquished by Subscriber and assigned to VRI. If Subscriber cancels within 30 days of receiving the equipment, the Subscriber will be refunded the fees collected for the first 30 days minus the cost of the free shipping, which is valued at $14.50. Proper cancellation procedures must be followed.

7. EQUIPMENT FEES: There is no charge for the equipment; the service provided by this Agreement is a rental of the equipment. When the Subscriber cancels the service and equipment is not returned within 45 days, the equipment will be deemed to have been kept by the Subscriber and VRI shall charge Subscriber an Equipment Fee valued at $295. Monthly charges to Subscriber will continue until the equipment is returned to VRI. If the returned equipment is damanaged by the Subscriber or while in the Subscribers possession, an Equipment Fee of $295 shall be charged to the Subscriber.

8. THIRD PARTY INDEMNIFICATION AND SUBROGATION: If anyone other than You, asks VRI to pay for any harm (including personal injury or death) connected with or resulting from a failure of the system, You will reimburse VRI for any amount which a court orders us to pay or which we reasonably agree to pay, including reasonable attorney’s fees and any other loss and/or costs paid in connection with harm.

9. LIMITATIONS ON LAWSUITS; WAIVER OF JURY TRIAL: Both parties 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 occurred. In addition, each party gives up its right to a jury trial.

10. GOVERNING LAWS: This Agreement replaces any earlier oral or written understanding or agreements. It may only be changed by a written agreement signed by Subscriber and VRI. If any provision of the Agreement if found to be invalid or illegal, the balance of the Agreement shall remain in force. You agree that this Agreement shall be governed by the laws of the State of Ohio.

11. ACTS OF GOD: VRI may terminate this Agreement if it can not 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 VRI in the event VRI emergency response centers are destroyed or damaged by any catastrophe and it is impractical to restore service in a timely manner.

12. INTERRUPTION OF SERVICES: VRI assumes no liability for delays in equipment installation or interruption of services due to strikes, riots, floods, fire, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of VRI and will not be required to supply services while said interruption may continue.

13. SUSPENSION OR CANCELLATION: In the event the Subscriber violates any part of this Agreement, abandons or sublets the premises, causes an excessive number of false alarms, or if the account is more than 30 days past due, VRI may suspend all services and terminate this Agreement upon giving five (5) days written notice to Subscriber. In such event, VRI shall have the right to sever the connection and render the System inoperative and to collect any unpaid debts, including collection of equipment fees deemed to be lost, damaged or unrecoverable..

14. MEDICAL OR RELATED EXPENSES: In the event the Subscriber utilizes the System by transmitting a signal to VRI, the Subscriber does hereby authorize VRI to seek to notify or obtain assistance on their behalf. The Subscriber shall be obligated for and agrees to pay any cost and expenses incurred in obtaining assistance, including but not limited to ambulance, police, transportation, physician, nurse, hospital, or other medical assistance, or any cost whatsoever incurred as a result of the Subscriber’s use of the System.

15. FORCIBLE ENTRY: The Subscriber authorizes VRI in its sole discretion to authorize entry to the Subscriber’s premises in the event a signal is transmitted to the VRI emergency response center. VRI is relieved from any and all liability whatsoever as a result of said entry, including damages to property as a result of forcible entry by emergency personnel.

16. USE OF SYSTEMS: The use of VRI equipment or transmission of emergency signals to VRI’s monitoring center shall constitute implicit acceptance of this Agreement if no other agreement or contract is in place. Failure to sign or return this Agreement does not relieve Subscriber of its obligations to pay for services, or alter the rights and protections afforded to VRI and Subscriber under this Agreement.

17. RIGHT OF TRANSFER: Martin Care Services holds the exclusive right, in its sole descretion, to transfer service to VRI, a national provider of medical alert services. All of the terms and conditions of this Agreement will transfer to VRI. VRI will charge Subscriber for the services of this Agreement. The price of the service shall not increase.

18. SALES TAX: Martin Care Services, VRI or its assignees may collect appropriate sales tax, if any, as required by law.

19. CONTRACT EXECUTION: Any alteration or strikeover in the text of this pre-printed or online Agreement will have no binding effect, and will not be deemed to amend this Agreement. This Agreement will be considered executed when the Subscriber offers payment information and VRI ships the equipment to Subscriber. A Subscriber order (“Order”) may be taken by phone, website, fax or mail. Any documents used in the execution of an Ordershall be deemed to be originals and may be relied on to the same extent as the originals.

20. PRIVACY NOTICE:

Uses of Your health information:
Your health care information shall be provided to organizations involved in Your treatment and/or safety. Health care information, including but not limited to, information You provide via the med-connect service on our website, may be provided at our discretion, to individuals responding to assist You in an emergency situation. It is important to keep Your health care information updated and current so that VRI can provide accurate information to responders and emergency personnel. Personal and health care information may be provided to our business associates in order to invoice agencies or providers for services rendered on behalf of the agencies members .

Disclosures of Health care information:
In certain situations it may be necessary to disclose health care information under State legal regulations such as Adult Protective Services. VRI will comply with the laws of the State and the member will be notified of said disclosure.

Subscriber Rights:
To access Your health care information, contact the Privacy Officer. An access request form may be obtained at 330 Progress Rd. West Carrollton, OH 45449. Access shall mean: the right to see data, the right to request amendments to the data, the right to the accounting of disclosures made by the provider, the right to place restrictions on uses and disclosures and the right for the communications to be confidential. The privacy Officer will respond to Your request in writing within (60) sixty days. If Your request is denied You may request an independent review of Your request. This independent review form may be obtained at 330 Progress Rd. West Carrollton, OH 45449. It is to be submitted to the Privacy Officer. The independent review will take place and be responded to within (60) sixty days.

Privacy Officer:
Privacy Officer for VRI is Chris Hendriksen. Contact address: 330 Progress Rd. West Carrollton, OH 45449, Telephone: (800) 860 – 4230.

20. ADDITIONAL FEES. The fee for the Emergency Response System service and equipment rental is indicated below:
MONTHLY FEE:   Current website price; Subscriber’s monthly fee will never to go up
EQUIPMENT RENTAL:   Included in monthly fee
PENDANTS:   One – either necklace or wrist
ACTIVATION:   Free
CANCELLATION FEE:   None
SHIPPING: Free ground shipping to Subscriber (continental United States); Alaska, Hawaii, outside U.S. please call (800) 860 – 4230
INSTALLATION: Subscriber self installed

Check Membership:

_____ AARP
_____ Veteran: U.S Army, Air Force, Navy, Marines or Coast Guard
_____ Women’s Army Air Corps
_____ None

Subscriber signature below authorizes the acceptance of this Agreement and authorizes VRI to charge Subscriber’s credit card on file or debit checking account for the recurring payment of the equipment for the term of this Agreement including monthly renewals.

X________________________________
Subscriber Signature

X________________________________
Subscriber Printed Name

____________________________________
VALUED RELATIONSHIPS, INC.

Contact Email Address: ______________________________________________________

Contact Phone Number: ( ____________) ____________ – _________________

Please complete, sign and fax Agreement to: (800) 516 – 2295