SERVICE TERMS AND CONDITIONS

1. PARTIES AND SERVICES: The person named as Subscriber and any person ordering/paying for Services (“Payer”) or using them (“User”) (collectively referred to as “Subscriber”) hereby contract with Seniors Life Safety Medical Alert Systems (“Seniors Life Safety”) for Seniors Life Safety medical alert system monitoring service (“Service”). Unless the context otherwise requires, the term “Subscriber” as used herein refers 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 Seniors Life Safety equipment and monitoring. Equipment means a Seniors Life Safety console and personal help button (“Equipment”). Monitoring is provided through an authorized Seniors Life Safety monitoring center. During the initial and any renewal term of this Agreement, Equipment remains the property of Seniors Life Safety and must be returned to Seniors Life Safety 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 $400. The Service includes receipt, analysis and response to alarm signals from Equipment. Upon receipt of a signal, Seniors Life Safety: (a) will make reasonable effort to promptly contact Subscriber, and (b) if Seniors Life Safety deems necessary in its reasonable judgment, notify: (i) persons and entities designated by Subscriber as “Responders” in the new order information sheet, in the order designated by Subscriber, or (ii) police, fire or ambulance designated by Subscriber. Subscriber agrees that Seniors Life Safety 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 Seniors Life Safety in its sole and absolute discretion and without any liability: (a) may contact or attempt to contact the Premises as frequently as Seniors Life Safety 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 and Seniors Life Safety may in its 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 BY THE PHONE DESIGNATED RESPONDERS IS SENIORS LIFE SAFETY’S ONLY DUTY. Subscriber understands and agrees that: (a) Seniors Life Safety is not responsible for the promptness, sufficiency or adequacy of the action of any Responder or any third party acting for Responder; (b) Seniors Life Safety 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 Seniors Life Safety; and (d) Seniors Life Safety will not send any of its personnel to Subscriber’s premises in response to any emergency signal.
2. TERM & TERMINATION: This Agreement starts when the Agreement is acknowledged online by the Subscriber or Web-Buyer or when the equipment is activated at the Subscriber premises. The original term of this Agreement is the service plan selected above 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 Seniors Life Safety along with a written request to cancel including the Subscriber name and address. Seniors Life Safety 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 Seniors Life Safety by 1. mailing or shipping the Equipment to Seniors Life Safety at Subscriber’s expense (a pre-addressed return envelope has been provided concurrently with Equipment), or 2. telephoning Seniors Life Safety and arranging for pick-up. If Subscriber fails to return Equipment within thirty (30) days of termination, Subscriber agrees to pay Seniors Life Safety the value of Equipment which is $400 and which Subscriber hereby authorizes Seniors Life Safety 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 14 and 15. 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 Seniors Life Safety 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 Seniors Life Safety 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 must: a. Provide and be responsible for suitable electrical and telephone service for installation and operation of Equipment; b. Select and give accurate information as to all Responders. Subscriber represents that personal Responders have agreed to act as responders; c. Provide Responders with access to Subscriber’s house; d. Not alter or attempt repairs to Equipment; e. Install and use the System according to Seniors Life Safety’s then-published written requirements found in the user guide as provided with the delivery of Equipment; f. Promptly inform Seniors Life Safety 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 Seniors Life Safety; g. Test equipment at least every month with the personal help button following recommended testing established by Seniors Life Safety; h. Pay any fine resulting from any false alarm.
5. 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 Seniors Life Safety services later agreed to by the parties. Payments are due in advance, no later than 10th day of the Service period to be paid for. The initial payment is due upon installation or online transaction completion and is in accordance with the payment plan selected (monthly, quarterly or annual). Subscriber agrees to keep on file with Seniors Life Safety acceptable valid bank credit/debit card information, limited to bank cards with a Visa, MasterCard or Discover logo. Seniors Life Safety may terminate this Agreement for non-payment of fees and recover all payments due to Seniors Life Safety. In the event it becomes necessary for Seniors Life Safety to institute legal proceedings to collect payments due under this Subscriber agrees to pay for a full month of service for any month in which the Subscriber has Service.
6. COMMUNICATION LINES AND RJ31X JACK: Subscriber acknowledges the System communicates to the Monitoring Center using the Subscriber provided standard telephone line or dedicated cellular service (GSM). The System will not work with the Subscriber’s standard cellular phone service. If Subscriber has two or more telephones in his/her home using the same telephone number and one of these phones is off hook, the Equipment will NOT operate without a special connection, such as an RJ31X jack. It is Subscriber’s responsibility to have the RJ31X jack installed. ADDITIONALLY, WHEN THE SYSTEM IS ACTIVATED, SUBSCRIBER WILL BE UNABLE TO USE THE TELEPHONE TO MAKE OTHER CALLS (SUCH AS CALLS TO THE 911 EMERGENCY OPERATOR), AND THEREFORE, SUBSCRIBER MAY WISH TO HAVE THE SYSTEM CONNECTED TO A SECOND TELEPHONE LINE. The use of DSL, VoIP, Cable or any other broadband telephone service may prevent the System from transmitting alarm signals to the Monitoring Center. Subscriber agrees to notify Seniors Life Safety if they have installed or intend to install DSL, VoIP, Cable or any other broadband service. IMMEDIATELY AFTER THE INSTALLATION OF DSL, VOIP OR OTHER BROADBAND SERVICE SUBSCRIBER MUST TEST THEIR SYSTEM SIGNAL TRANSMISSION WITH THE MONITORING CENTER.
7. INTERRUPTION OF SERVICE: Subscriber acknowledges that the Equipment sends its signals using standard telephone company lines which are wholly beyond the control of Seniors Life Safety. IN THE EVENT TELEPHONE OR GSM SERVICE IS OUT OF ORDER OR DISCONNECTED, THE EQUIPMENT WILL NOT WORK. Seniors Life Safety does not assume any liability for interruption of the service due to strikes, riots, sabotage, terrorist activities, floods, storms, earthquakes, fires, power failure, interruption of telephone service, acts of God, or any other cause beyond Seniors Life Safety’s control including the activities of Subscriber. SENIORS LIFE SAFETY IS NOT REQUIRED TO SUPPLY THE SERVICE DURING THE CONTINUATION OF ANY INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE.
8. CONSENT TO DISTRIBUTION OF INFORMATION: Subscriber is providing Seniors Life Safety with medical information for the purpose of providing the Service. Subscriber agrees that Seniors Life Safety, Responders and any other party named in this Agreement may receive all information contained in this Agreement or otherwise provided by Subscriber to Seniors Life Safety. Subscriber further agrees that in the event that a Responder or other assistance is sent to Subscriber’s home (an “Incident”), Seniors Life Safety may notify any or all of the parties listed in this Paragraph. Further, Subscriber releases Seniors Life Safety from all liability, which may arise out of Seniors Life Safety’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 Seniors Life Safety Monitoring Center may be recorded and Subscriber consents to such recording.
9. FALSE ALARMS OR ABUSE OF SERVICE: Subscriber agrees to reimburse Seniors Life Safety for any fees assessed against Seniors Life Safety as a result of false alarms originating from Subscriber’s premises.
10. FORCED ENTRY; MEDICAL EXPENSES: Subscriber agrees that if ANY ALARM SIGNAL is received by Seniors Life Safety 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 AUTHORIZED RESPONDER TO BREAK INTO SUBSCRIBER’S HOME. SUBSCRIBER UNDERSTANDS THAT THIS MAY CAUSE DAMAGE TO THE HOME. SUBSCRIBER WAIVES ANY CLAIM AGAINST SENIORS LIFE ALERT 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 in addition, Subscriber authorizes Seniors Life Safety to notify paramedics and other appropriate emergency personnel who may provide medical assistance, if necessary. Subscriber hereby releases Seniors Life Safety from any and all expenses and liability incurred as a result of such medical services.
11. 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 attorney's' 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.
12. SUSPENSION OR CANCELLATION OF THE AGREEMENT: Subscriber agrees that Seniors Life Safety 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 affect 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 Seniors Life Safety, after Seniors Life Safety has given Subscriber five (5) days notice that Seniors Life Safety is cancelling service because of non-payment. (d) Seniors Life Safety is unable to provide service because of some action or ruling by any government authority. (e) Subscriber becomes a debtor in a bankruptcy proceeding.
13. ASSIGNMENT: This Agreement may NOT be assigned by Subscriber except with written consent of Seniors Life Safety. This Agreement may be assigned by Seniors Life Safety to a financial institution or any other personal emergency services provider at any time.
14. DISCLAIMER AND LIMITATION OF LIABILITY: Subscriber understands and agrees that Seniors Life Safety 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 Seniors Life Safety 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 Seniors Life Safety is NOT assuming responsibility for any losses which may occur even if due to Seniors Life Safety’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. SENIORS LIFE SAFETY 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 SENIORS LIFE SAFETY, SENIORS LIFE SAFETY’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, LIMITED TO THE MAXIMUM SUM OF $250. 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 SENIORS LIFE SAFETY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION OF LIABILITY FOR AN ADDITIONAL PERIODIC CHARGE. If Subscriber elects this option, Seniors Life Safety will attach a rider to this Agreement which will set forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to the higher limitation of liability does not mean that Seniors Life Safety is an insurer.
15. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION. Subscriber agrees to indemnity and hold harmless Seniors Life Safety, its employees and agents from and against all and any claims (including by third parties), lawsuits and losses alleged to be caused by Seniors Life Safety’s performance, negligent performance or failure to perform its obligations under this Agreement. If anyone other than Subscriber asks Seniors Life Safety to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) Seniors Life Safety’s breach of this Agreement or a failure of Equipment or Service, (ii) Seniors Life Safety’s negligence, (iii) any other improper or careless activity of Seniors Life Safety in providing Equipment or Service, or (iv) a claim for indemnification or contribution, Subscribers agrees and will pay to Seniors Life Safety (a) any amount which a court or other tribunal orders Seniors Life Safety to pay or which Seniors Life Safety reasonably agrees to pay, and (b) the amount of Seniors Life Safety’s reasonable attorneys' fees and any other losses or costs that Seniors Life Safety 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 Seniors Life Safety 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 Seniors Life Safety against any such claim. Subscriber will notify Subscriber’s insurance carrier(s) of this release.
16. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL. Both Seniors Life Safety 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 occurred. In addition, any such legal proceeding shall not be heard before a jury. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL.
17. ENTIRE AGREEMENT/MODIFICATION/CHOICE OF LAW: This Agreement shall constitute the entire Agreement between Subscriber and Seniors Life Safety. No person installing, servicing or otherwise dealing with Equipment is or shall be authorized to act for or bind Seniors Life Safety. 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 Pennsylvania.

SHIPPING POLICY

Essential equipment that is required to support the normal operation of our monitoring services is provided to our customers free of charge. In addition, service-enhancing accessories may be provided as part of the service plan you are subscribed to, or added to your plan for an additional monthly fee. Seniors Life Safety utilizes United States Postal Service (USPS) Priority shipping for all delivery of equipment to our customers.
Order Fulfillment
Equipment is packaged and dispatched within one business day from the time the order being received. Equipment is shipped as a complete order. Packages are shipped via USPS Priority Mail. We provide a tracking number and do require a signature when the system is delivered. Most systems arrive within two to three business days from when the system was shipped, including Saturdays.
If we are unable for any reason unable to ship your equipment within one business day we will notify you of the delay. Notification of any delay in dispatching equipment will be by email to the email address you registered your account with. If we are unable to contact you by email we will contact you by the contact phone number registered with your account information.

Shipping Pricing
All Shipping fees include handling and packing fees as well as postage costs. Please note that any Accessories ordered during your initial purchase will be shipped with that same purchase at no additional cost.
Annual and Quarterly Plans: Free USPS Priority shipping.

Monthly Plan and Accessories (ordered after initial purchase): $14.95 flat fee for USPS Priority shipping.
Shipment
Seniors Life Safety utilizes United States Postal Service Priority shipping for all delivery. Seniors Life Safety cannot be held responsible for delays in delivery of equipment due to circumstances outside of their control. All delivery times are subject to USPS standard. Boxes containing equipment are amply sized and items are well-protected.

SERVICE AND EQUIPMENT PRICING

Seniors Life Safety LLC has developed and formulated its pricing to reflect our customers need and requirements. All pricing is calculated on the per month cost to our customers of Seniors Life Safety LLC monitoring service.

There are three different payment plan options:

Semi-Annual Plan - Pay once for the whole year of service. You'll pay $119.70 upfront for half a year of regular In-Home service or regular Mobile Service and $179.70 for GPS Mobile service or Cellular In-Home.

Quarterly Plan - Split the cost of service for a whole year into four equal payments. This plan offers great value with flexible payment options. Regular In-home service or regular Mobile service is $59.85,and $89.95 for the GPS Mobile service or Cellular In-Home. We'll even pay for you shipping on this plan!

Monthly Plan - Pay as you go with this option. This plan offers the greatest flexibility with monthly payments of $19.95 for regular In Home service or regular Mobile service and $29.95 for GPS Mobile service or Cellular In-home Service. Shipping is $14.95 on all monthly plans. Price to get started today is $34.90 for regular In Home service or regular Mobile service and $44.90 for GPS Mobile service or Cellular In-home Service.

EQUIPMENT PRICING

Regardless of your choice of plan, there is no equipment to purchase from Seniors Life Safety. Our medical alert systems are designed for the specific purpose of keeping our customers safe. Other medical alert companies may try to lock customers into binding long term contracts through the sale of equipment. This method of handcuffing customers into their service is a method we do not use or condone. We want our customers to be with us long-term because of our competitive pricing and outstanding service, not because they feel forced.

When a customer ends their service agreement with Seniors Life Safety, all we ask for is the return of our equipment. There is no need for the customer to hold onto a piece of equipment of which they would have very little use, let alone be charged for that equipment. We think this arrangement is the fair and right thing to do and our customers agree with us.

REFUND POLICY

Seniors Life Safety has a no questions asked, 30-Day Money Back Guarantee. You may cancel your service and receive a full refund of your service plan costs if you call us and cancel within 30 days. We will provide you with a prepaid shipping label to return the system to Seniors Life Safety. After we receive your system, we will refund your service plan payment.