IMPORTANT INFORMATION ABOUT YOUR VERIZON MOBILE PERSONAL EMERGENCY RESPONSE SYSTEM ("SURERESPONSE"), HOME DOCKING STATION ("DOCKING STATION"), MOBILE WEARABLE DEVICE ("DEVICE"), AND WIRELESS SERVICE (COLLECTIVELY, "THE SERVICE")
- Terms and Conditions: The Verizon Wireless Agreement ("CA"), together with these Terms and Conditions, constitute the applicable Terms of Service for SureResponse. The Device Wearer and the Account Owner (collectively, "Covered Parties") hereby contract with Verizon Wireless for SureResponse and all rights, liabilities, limitations and obligations imposed by the Terms of Service for SureResponse are joint and several regardless of whether the Device Wearer and the Account Owner are the same person or are different people. SureResponse is for personal use only and cannot be used for any commercial purpose.
- Service Description and Limitations: SureResponse permits a Device Wearer to place calls to and receive calls from a Care Center ("Care Center") through the Device. SureResponse is not traditional wireless service and cannot be used to make or receive any direct calls other than through the Care Center. This means that SureResponse cannot make calls to 911 for emergency purposes.
- The Device must be activated and registered on the Verizon Wireless network in accordance with the activation process in order for the Device to work, including access to emergency services via the Care Center. In addition, the Device Wearer must complete the on–boarding process on the SureResponse Web Portal ("Web Portal") to establish accurate information that may be helpful or necessary during an emergency. The Device Wearer is responsible for providing true, accurate, current and complete information about himself and for updating and maintaining the accuracy of his personal information. Failure to do so could compromise the ability and utility of SureResponse during an emergency.
- SureResponse is designed to operate in a mobile environment in the Verizon Wireless Nationwide Coverage Area. SureResponse may not work in the following circumstances: 1) when the Device is roaming off the Verizon Wireless network; 2) where service coverage is limited or unavailable; 3) if the Device battery life is low; or 4) if the Device is not properly paired (connected or synched so that the Device and the Docking Station "recognize" each other) with the Docking Station. In–home coverage will depend upon the network coverage indoors in your location. Alternatively, in–home coverage can be accomplished by connecting the Docking Station to a wired telephone line, or other telecommunications or broadband connection, as long as the Docking Station also has connectivity to the Device.
- This Service has location tracking capability. Verizon Wireless will use its location technology to attempt to locate the Device Wearer in the event of an emergency. The Device Wearer will have the ability to provide caregivers permission to attempt to locate him through the web portal. Otherwise, the location capability will be solely used in an emergency situation as determined by Care Center.
- The Care Center will determine the Device Wearer's possible location based on information received from several location–finding solutions. One method is through the GPS chipset embedded in the Device uses GPS satellites. Several other methods use a process called trilateration by the Verizon Wireless network. These network–based solutions include: Advanced Forward Link Trilateration ("AFLT"); a hybrid of GPS and AFLT; Cell Round Trip Delay; and cell site and cell sector). Each location–finding solution has limitations. GPS technology works best when there is line–of–sight visibility between the chipset contained in the Device and GPS satellites orbiting the Earth. As such, GPS technology may not provide a location fix and/or an accurate location fix when: 1) the Device Wearer is indoors or is otherwise in a location where terrain or building materials obstruct the GPS satellite signals; and 2) GPS satellite service is interrupted or disrupted due to Device or network limitations, atmospheric conditions, and other causes associated with the use of satellites and satellite data. Network–based solutions can be impeded by obstructions such as buildings or an inability to trilaterate due to unavailability of three or more cell sites. Therefore, location–finding capability, including the ability to locate the Device Wearer during an emergency, will depend, in part or in whole, upon variables that may be beyond the control of Verizon Wireless or its Service Providers.
- Because the SureResponse service is designed to operate in a mobile environment, the ability of the Care Center to provide accurate location information in the absence of a GPS fix or network–based location information will depend upon the availability and accuracy of Device Wearer–provided information. The Device Wearer may provide location information orally during the emergency. The Care Center may, as a last resort, give emergency responders the Device Wearer–provided address of record from the Web Portal. This address may be the Device Wearer's home address or other fixed location and may not correspond to where the Device Wearer is at the time of an emergency. In either case, Verizon Wireless is NOT responsible for inaccurate location information, whether provided by the Device Wearer, calculated based on the GPS chipset in the Device or generated by the Verizon Wireless network–based location–finding solutions.
- The Device Wearer agrees and understands that the Device can be set to operate in airplane mode. While in airplane mode, the Device can make calls but cannot receive calls. The Device Wearer can opt to set airplane mode on the device in two ways: 1) call the Care Center before boarding an airplane to request the setting; 2) use the volume control settings on the device. A long press of the volume button will establish airplane mode. A second long press will remove airplane mode. The Device Wearer is responsible for activating and deactivating airplane mode.
- The Device Wearer agrees and understands that the Device can be powered off. While powered off, the Device cannot make or calls. The Device Wearer can opt to power off the Device by pressing and holding both volume and emergency button until the device powers off. The Device Wearer is responsible for powering on and powering off the Device.
- If two or more SureResponse Docking Stations are used in the same home or otherwise in close physical proximity, the Device Wearer must ensure that his Device is paired to his Docking Station, to the exclusion of the other Docking Stations. Otherwise, the Care Center may receive incorrect caller id and other information.
- Porting a SureResponse number will end the ability of Verizon Wireless to provide the Service, including emergency services. Another carrier may or may not offer an equivalent service using the ported telephone number.
- It is the responsibility of the Covered Parties to assess whether the SureResponse service is appropriate for the Device Wearer given the coverage, battery life, and the Device Wearer's general health and lifestyle. It is also the Device Wearer's responsibility to wear the Device, monitor battery life, connectivity and overall ability of the Device and SureResponse to function. If assistance is needed, including emergency assistance, the Device Wearer must push the button on the device to contact the Care Center.
- Service Providers: Verizon Wireless works with other Service Providers to provide the SureResponse service. "Service Provider" means any person, company, or entity who provides any service, equipment, or facilities in connection with SureResponse, including, but not limited to, other wireless service providers, manufacturers, suppliers, public safety answering points ("PSAPs"), and emergency responders (such as police, fire and ambulance). Covered Parties agree that Verizon Wireless is not responsible for the promptness, sufficiency or adequacy of the action of any Service Provider or any third party acting for a Service Provider. Covered Parties also agree that Verizon Wireless in no way represents or guarantees that Service Providers can be contacted, can or will respond, or any response will be safe, appropriate or effective. Further any Service Providers designated by a Covered Party are not agents or other representatives of Verizon Wireless.
- Additional 911 Limitations: The laws in certain locations require an emergency situation to be confirmed before emergency Service Providers will provide service. In these locations, the Care Center will contact emergency Service Providers only in response to a confirmed request for emergency assistance from the Device Wearer or if the Care Center can otherwise confirm that an emergency exists. Silence on the line may not be sufficient to confirm an emergency. Due to the possibility of unintentional button pushes, the Care Center may not automatically assume an emergency from silence. Moreover, even if the Care Center does interpret the totality of circumstances to indicate an emergency, the local Service Providers may not agree. Verizon Wireless cannot promise that any Service Providers will respond in a timely manner or at all.
- Recorded Calls: All emergency calls through SureResponse will be monitored and recorded. In addition, any convenience calls in which the Device Wearer requests call recording will be recorded. By pressing the red call button located on the Device, the Device Wearer provides consent to such recording.
- Docking Station: The Docking Station can be used to charge the Device. The Device does not have a backup battery and it is recommended that the Device be inserted into the Docking Station on a regular basis to ensure that it is fully charged. The Device is paired with the Docking Station when docked. If you allow others to dock their Devices in your Docking Station, the Docking Station will pair with their Devices, preventing you from being able to place or receive a call. It is your responsibility to un–pair other Devices in order to allow your Device to pair with your Docking Station. See the User Guide for more information regarding the operation of the Docking Station.
- Connecting with Wired lines: While you may wish to connect the Docking Station to a wired telephone line in the home, you should be aware of the following service limitations that will result: 1) if the wired line is cut or otherwise detached from the wall, the Device will not be able to make or receive calls until it is powered off and then on again, and a wireless connection coverage is established with the Device; 2) the SureResponse equipment cannot support line seizure of the wired line; and 3) When a SureResponse call is being connected using the wired line, or the phone attached to the Base Station is off the hook, you will not be able to use the wired line for other calls.
- Account Status: It is the responsibility of the Account Owner to maintain the account in good standing and to otherwise notify the Device Wearer when the account status is or may be in jeopardy and/or the Service may be terminated or interrupted. Verizon Wireless may be restricted by law from informing the Device Wearer about the account billing.
- Termination: Upon termination of SureResponse, the Service will cease to operate and as such, all calling and other functions will be inoperable including the ability to make any contact to others for emergencies of any kind and including the inability to contact 911 or care givers.
- Disclaimer of All Warranties: Warranties are special kinds of promises. Verizon Wireless does not make any warranties, express or implied, about the SureResponse service or the Device and Docking Station used with the SureResponse service. VERIZON WIRELESS MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO SureResponse, RELATED SERVICES AND SERVICES PROVIDED BY ANY SERVICE PROVIDER AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO SureResponse, 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 VERIZON WIRELESS, VERIZON WIRELESS' MAXIMUM LIABILITY, UNDER ANY THEORY (WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE), SHALL NOT EXCEED DIRECT DAMAGES. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- The Account Owner may have a warranty on the Docking Station or the Device from the manufacturer, but not from us. All information provided to the Covered Parties by the Care Center is on an "as is" basis.
- The Covered Parties have read and understand all of the Terms of Service applicable to SureResponse and agree to limit Verizon Wireless' maximum liability in the event of any loss, damages or injury to or death of, Covered Parties.
- Order of Precedence: In the event of any conflict between these Terms and Conditions and the Customer Agreement, the specific term or condition of these Terms and Conditions shall control and take precedence unless it is stated in a clear and unambiguous manner that the CSA takes precedence.
- Forced Entry and Damage to Property: The Covered Parties agree that if any request is received by Verizon Wireless or its Service Providers to dispatch an Emergency Responder, THE COVERED PARTIES AUTHORIZE THE SERVICE PROVIDER TO TAKE ALL STEPS NECESSARY TO ADDRESS THE EMERGENT SITUATION WHICH MAY INCLUDING BREAKING INTO DEVICE WEARER'S HOME. THE COVERED PARTIES UNDERSTAND THAT SUCH REQUESTS MAY CAUSE DAMAGE FOR WHICH VERIZON WIRELESS AND THE SERVICE PROVIDERS ARE NOT RESPONSIBLE. THE COVERED PARTIES WAIVE ANY CLAIM AGAINST VERIZON WIRELESS OR ANY SERVICE PROVIDER WHICH MAY ARISE AS A RESULT OF FORCED ENTRY ONTO PREMISES OR OTHERWISE.
- State Specific Provisions: The following provisions are applicable in the named states. If you are purchasing The Service in these states, then you have the following rights and obligations.
- Texas – The Service is provisioned by an entity of Verizon Wireless that is duly registered and licensed in the state of Texas to offer a personal emergency response service. This entity, Verizon Wireless (VAW) LLC, may be contacted at One Verizon Way, Mail Code VC61N037, Basking Ridge, New Jersey, 07920. Questions about or problems with The Service or related equipment may be made to VAW, LLC and/or more generally to Verizon Wireless using any contact number associated with Verizon Wireless, whether the store number provided on your receipt, online, or the customer care service line.
- Kentucky – Covered Parties shall designate the order in which responders and Service Providers, including Emergency Responders, are to be contacted in the event of a personal emergency. YOU HAVE THE OPTION TO DESIGNATE A PSAP/911 CENTER AS THE FIRST AND PRIMARY CONTACT FOR THE DISPATCH OF AID IN THE EVENT THAT AN EMERGENCY CALL IS RECEIVED BY THE CALL CENTER. You may designate the order of responders by calling the Care Center. You may also designate that if, in response to receiving an emergency call through the Device, the Care Center is not able to solicit a verbal response from the Device Wearer, then the Care Center shall call the PSAP/911 center before contacting responders. If you do not designate the PSAP/911 center as your first and primary contact to respond to an emergency, then the PSAP/911 center shall become the default secondary contact made after the Care Center has attempted, without success, to notify all of the responders designated by you. If you do designate the PSAP/911 center as a responder, then, in response to an emergency, the Care Center shall provide the PSAP/911 center with the name of the Device Wearer, the location from which the call was received, and such other information as may be requested by the PSAP/911 center. Following any notification of an emergency to the PSAP/911 center, the Care Center shall attempt to notify the designated responders in accordance with the voice–to–voice request of the Device Wearer at the time of the emergency call. Alternatively, if no voice instructions are received from the Device Wearer during the emergency call, then the responders will be notified in the order specified by you previously to the Care Center.
- New York – Covered Parties may cancel this transaction with or without cause 7 business days after the date in which they accepted The Service. This is known as the first right to cancel. Upon cancellation and return of any device delivered to you under this contract or sale, in substantially as good condition as when received, you will not be charged an early termination fee or restocking fee. In addition, you will be credited on your final monthly invoice for any activation fee or usage charges. Under limited circumstances in the State of New York, the Covered Parties may cancel the service even after 7 business days. This is known as the second right to cancel. The second right to cancel is only available if you satisfy the following criteria: 1) the Wearer has been legally obligated to begin living in a nursing home or other health–related facility, and 2) the Wearer's expected tenure in a nursing home or other health–related facility will be permanent or an extended stay for at least 2 months. Alternatively, the Covered Parties may cancel the service if: 1) the Wearer has already begun living in a nursing home or other health–related facility, and 2) the Wearer's expected tenure is permanent or for at least 2 months. In all cases involving cancellation under this second cancellation right, the relevant facts must be verified by a doctor or by the nursing home or other health–related facility. You must notify Verizon Wireless in writing at One Verizon Way, Mail Code VC61N037, Basking Ridge, New Jersey, 07920 of your intent to cancel. See the Notice of Cancellation below for a more detailed explanation of these rights.
NOTICE OF CANCELLATION – – Applicable To New York Residents Only
- COVERED PARTIES MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN SEVEN (7) BUSINESS DAYS FROM THE DATE OF ACCEPTANCE OF THE SERVICE.
IF YOU CANCEL UNDER THIS FIRST RIGHT TO CANCEL, ANY PROPERTY TRADED IN, THE EARLY TERMINATION FEE, AND THE RESTOCKING FEE WILL NOT BE CHARGED, AND ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE (E.G., ACTIVATION FEE, USAGE FEES) WILL BE CREDITED ON THE FINAL MONTHLY INVOICE FOLLOWING RECEIPT BY VERIZON WIRELESS OF YOUR CANCELLATION NOTICE.
- IN ADDITION TO THE ABOVE RIGHT TO CANCEL THE TRANSACTION, COVERED PARTIES MAY ALSO CANCEL THE SureResponse SERVICE, INCLUDING THE CUSTOMER AGREEMENT AND TERMS AND CONDITIONS ASSOCIATED WITH THE SERVICE, WITH THE COMPANY IF YOU OBTAINED SUCH SERVICE EFFECTIVE UPON THE 30TH DAY AFTER GIVING WRITTEN NOTICE TO VERIZON WIRELESS THAT YOU HAVE LEGALLY OBLIGATED YOURSELF TO COMMENCE RESIDENCE IN A NURSING HOME OR OTHER HEALTH–RELATED FACILITY WITHIN THE NEXT 30 DAYS FOR WHAT IS EXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY OF AT LEAST 2 MONTHS DURATION, OR THAT YOUR RESIDENCE THEREIN WITH SUCH EXPECTATION HAS ALREADY COMMENCED. YOU MAY DO SO PROVIDED THAT IN SUCH WRITTEN NOTICE OF CANCELLATION YOU INDICATE AN INTENTION NOT TO BE BOUND, STATE THE DATE OF EXPECTED COMMENCEMENT OR DATE OF ACTUAL COMMENCEMENT OF RESIDENCE IN SUCH NURSING HOME OR OTHER HEALTH–RELATED FACILITY, THE EXPECTED DURATION OF SUCH RESIDENCE, AND THE NAME AND ADDRESS OF SUCH HOME OR FACILITY, AND PROVIDED THAT YOU INCLUDE WITH YOUR NOTICE OF CANCELLATION A SIGNED NOTE FROM YOUR PHYSICIAN OR FROM SUCH HOME OR FACILITY, OR A COPY OF YOUR AGREEMENT WITH SUCH HOME OR OTHER FACILITY, VERIFYING THAT YOU HAVE SATISFIED THE TERMS DESCRIBED HEREIN FOR CANCELLATION. IF YOU HAVE SATISFIED THESE CONDITIONS, CANCELLATION UNDER THIS SECOND RIGHT OF CANCELLATION WILL BE EFFECTIVE ON THE 30TH DAY AFTER SUCH WRITTEN NOTICE IS GIVEN BY FIRST–CLASS MAIL ADEQUATE POSTAGE PREPAID AND PROPERLY ADDRESSED TO VERIZON WIRELESS.
TO CANCEL YOUR AGREEMENT UNDER THIS SECOND RIGHT TO CANCEL, SEND THE ABOVE–DESCRIBED WRITTEN NOTICE TOGETHER WITH ALL REQUIRED SUPPORTING INFORMATION BY FIRST–CLASS MAIL, ADEQUATE POSTAGE PREPAID, TO THE NAME AND ADDRESS OF VERIZON WIRELESS STATED BELOW. IF YOU CANCEL, WHETHER UNDER THE FIRST OR UNDER THE SECOND RIGHT TO CANCEL, YOU MUST MAKE AVAILABLE TO VERIZON WIRELESS, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY DEVICE DELIVERED TO YOU UNDER THIS CONTRACT OR SALE AND NEEDED TO RECEIVE SUCH PERSONAL EMERGENCY RESPONSE SERVICE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE DEVICE AT VERIZON WIRELESS' EXPENSE AND RISK.
IF YOU FAIL TO MAKE THE DEVICE AVAILABLE TO VERIZON WIRELESS, OR IF YOU AGREE TO RETURN THE DEVICE TO THE VERIZON WIRELESS AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION UNDER YOUR FIRST RIGHT OF CANCELLATION STATED ABOVE, MAIL OR DELIVER A SIGNED AND DATED COPY ANY WRITTEN NOTICE, OR SEND A TELEGRAM, TO:
VERIZON WIRELESS, ONE VERIZON WAY, MAIL CODE VC61N037, BASKING RIDGE, NEW JERSEY, 07920
THE WRITTEN NOTICE MAY STATE, "I HEREBY CANCEL THIS TRANSACTION. (Date) (Signature)".