IMPORTANT NOTICE: THIS IS A LEGAL AGREEMENT BETWEEN LIFESTATION, INC. (“LIFESTATION”) AND THE SUBSCRIBER ORDERING THE LIFESTATION SERVICE (AS DEFINED BELOW), WHO ACCEPTS THE TERMS AND CONDITONS OF THIS AGREEMENT FOR HERSELF OR HIMSELF.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY SELECTING THE DESIGNATED ACCEPTANCE BUTTON SIGNIFIES YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
In this Agreement, Subscriber is sometimes referred to as you or your. LifeStation is sometimes referred to as we, us or our. The “Premises” is the address of the Subscriber. Your “System” refers to the LifeStation equipment loaned to you and may include, but is not limited to, depending on the services you selected, base station, help button(s), location aware (GPS coordinates only) mobile communicator, fall detection pendant(s), and any other devices, features or accessories.
- TERM AND RENEWAL. The initial term of this Agreement is one month and shall automatically renew from month to month You may terminate this Agreement at any time by returning the System to LifeStation.
- BINDING AGREEMENT. THIS AGREEMENT SHALL BE DEEMED BINDING ON YOU AND LIFESTATION UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE “I AGREE” BUTTON. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED WITH YOUR ORDER. THIS AGREEMENT IS BINDING ON YOUR HEIRS, EXECUTORS AND ADMINISTRATORS.
- LIFESTATION The LifeStation service (the “Service”) consists solely of personnel at LifeStation’s response center notifying the persons identified by you (the “Contact List”) and the emergency response authorities (“First Responders” and, collectively with Contact List, “Responders”) at the contact information supplied by you upon the response center’s receipt of oral instructions, signals, data or other communication from the System reporting conditions that require assistance (a “Response Condition”). If First Responder contact information is not supplied by you, LifeStation will use commercially reasonable efforts to determine such information, but LifeStation is relieved of all liability related to using an incorrect telephone number or other piece of contact information, even if LifeStation is negligent. You understand, acknowledge and agree that (a) following a Response Condition but before contacting any First Responders, LifeStation may, in its sole and absolute discretion and without any liability, contact or attempt to contact you or your Contact List as frequently as LifeStation deems appropriate to verify the need to notify First Responders to the Response Condition, and (b) after receiving oral advice from anyone, including, but not limited to, you, a Responder, or anyone at the Premises or who communicates with us through the System, to disregard the Response Condition, LifeStation may, in its sole and absolute discretion and without any liability, refrain from contacting the Responders or advise the Responders of the receipt of the oral advice to disregard the Response Condition.
- YOUR RESPONSIBILITY TO PAY FOR LIFESTATION You are responsible to pay for your LifeStation Service on time and (unless the law provides otherwise) in full. You are also responsible for directly paying all charges for services provided to you by others (such as First Responders).
- YOUR RESPONSIBILITY FOR OTHERS WHO USE YOUR LIFESTATION You are solely responsible for any use of the LifeStation Service, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for the services and actions requested by you, or by anyone using the Service. You agree that we may share your personal information with Responders.
- TITLE TO THE SYSTEM; (i) LifeStation owns the System at all times; and (ii) you shall return the System to LifeStation undamaged and in good operating condition (except for normal wear and tear) immediately upon the termination of this Agreement. If you do not return the System within ten (10) days after termination, you agree to pay the replacement value of the System based on LifeStation’s then current price list. If any portion of the System is returned damaged or not in good operating condition, you agree to pay the cost required to repair the System. You agree to pay LifeStation’s charges for all services, any applicable taxes, and any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any volunteer, quasi-governmental or governmental agency or private person or entity relating to the Service.
- LIMITATION OF LIABILITY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF LIFESTATION OR ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS (COLLECTIVELY, “REPRESENTATIVES”) TO YOU FOR ANY PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, HEALTH RELATED EVENT, ECONOMIC LOSS, OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “DAMAGES”) DUE, IN WHOLE OR IN PART, TO ANY REASON INCLUDING, WITHOUT LIMITATION OR EXAMPLE, OUR OR OUR REPRESENTATIVES’ ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE THAT OCCURS BEFORE OR AFTER THE EFFECTIVE DATE, OR FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, REGARDLESS OF THE LEGAL THEORY, ALL SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR LIFESTATION AND ITS REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, PRIOR TO AN OCCURRENCE RESULTING IN DAMAGES TO YOU, OBTAIN A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS PAYMENT SHALL IN NO WAY BE INTERPRETED TO HOLD LIFESTATION OR REPRESENTATIVES AS AN INSURER.
- SUBSCRIBER ACKNOWLEDGMENTS. You understand, acknowledge and agree as follows:
- You must test the System at least monthly. You must also test the System whenever (a) renovations are made to your Premises, (b) the electrical service at your Premises is repaired or otherwise serviced, (c) LifeStation sends you additional or replacement equipment for your System, or (d) a change is made by you or LifeStation to your LifeStation
- If your System communicates with LifeStation over the Internet or a telephone line, you must test the System whenever changes are made to those services at your
- Certain Systems use radio frequency waves to communicate between devices (for example, between the help button and the base station). Certain objects in the Premises and radio frequency waves from other sources (for example, microwave ovens, television sets, radios, household appliances, cordless phones, cellular phones, lightning, static electricity or other electrical discharges) may cause interference resulting in malfunctions of the
- For Systems communicating with LifeStation’s response center over a telephone line, the System will not communicate with LifeStation’s response center if a telephone connected to the same telephone line which the System uses to communicate with LifeStation’s response center is in use, off the hook, or not properly in its When the System is in use, a second telephone line at the Premises is necessary to communicate by telephone with others.
- The System is not infallible and the transmission and receipt of communications from the System may be interrupted or otherwise
- The System is not an intrusion detection, security or fire alarm The System and the LifeStation Service do not provide security, intrusion or fire protection. The System is not a medical device and our personnel are not qualified medical personnel.
- If your System needs to be plugged into an electrical outlet, you must use an outlet with standard 110 volt electrical power which must always be The outlet must not be controlled by a switch, timer or any other method.
- If your System includes fall detection, fall detection can activate when you did not fall and fall detection does not detect 100% of If able, you should always push your help button when you need assistance.
- Depending on which System you arranged for with LifeStation, the System and the Services may rely on the availability of your home telephone service provider, cellular network coverage, and the availability of global positioning system (“GPS”) or other location data to operate properly. These systems and services are provided by third parties and are not controlled by There is always a chance that the System may fail to operate properly. The 911 emergency services line is an alternative to the System and the Services.
- You may not alter, modify or attempt repairs on the System, or move the System to a new address, except with notice to LifeStation and pursuant to instructions from You must immediately notify LifeStation in the event the contact information for you or a Responder changes.
- If you choose to pay LifeStation by EFT or credit card, you authorize LifeStation to electronically debit the bank account or credit card you provide, as applicable. This authorization will remain in effect unless canceled by you with written notice to
- IF ANYONE OTHER THAN YOU, INCLUDING, WITHOUT LIMITATION, YOUR INSURANCE COMPANY, ASKS LIFESTATION OR ITS REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY), HEALTH RELATED EVENT, OR OTHER LOSS, DAMAGE, COST OR EXPENSE DUE TO ANY REASON INCLUDING, WITHOUT LIMITATION OR EXAMPLE, OUR OR OUR REPRESENTATIVES’ ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE THAT OCCURS BEFORE OR AFTER THE EFFECTIVE DATE, OR THERE IS A CLAIM AGAINST LIFESTATION OR ITS REPRESENTATIVES FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT LIFESTATION OR ITS REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY LIFESTATION OR ITS REPRESENTATIVES.
- INSTALLATION AND START OF The System is intended to be installed by you. The System will be delivered to you by LifeStation with instructions. Additional installation assistance and information is available by calling LifeStation customer service. LifeStation makes no promise of commencement of service by any particular time. Service will commence only after (a) the necessary information provided by or for you is entered into LifeStation’s response center’s computer system, and (b) an acceptable test of the System is received by LifeStation’s response center.
- FALSE ALARMS AND FORCED If the System is activated for any reason, you shall (i) pay, without reimbursement from LifeStation, or (ii) reimburse LifeStation, for any fines, fees, costs, expenses or penalties assessed against you or LifeStation by any court or governmental agency. You must provide access to the Premises to Responders. If you do not provide access, Responders may use forcible means to enter the Premises which may cause damage to the Premises. All such costs and expenses from any damage shall be borne solely by you without any recourse to LifeStation or its Representatives. LifeStation has no control over response times for Responders. You hereby release LifeStation and Responders for and from all claims, losses or damages that may arise from any forcible entry into the Premises or any delayed response by Responders.
- SYSTEM You understand and agree that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, businesses, homeowners associations, and/or other entities may affect your rights in connection with the installation, operation and Services related to the System. You agree to obtain and maintain in current status all licenses or permits or other authorizations necessary for the installation and use of the System including, without limitation or example, notice to First Responders.
- MEDICAL OR RELATED Any and all costs and expenses arising out of or from, in connection with, related to or as consequence of use of the System including, without limitation or example, emergency medical technician services, ambulance services, physician, medical center, hospital or other medical services shall be borne solely by you without recourse to LifeStation or its Representatives.
- We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this Agreement or your obligations to anyone else without our prior written consent.
- SUSPENSION OF You understand, acknowledge and agree that LifeStation and its Representatives’ obligations are waived automatically without notice and you release each of them for and from all Damages in the event of (i) a default or breach of this Agreement by you, or (ii) LifeStation’s response center, communications equipment, network or Services or the System are destroyed, damaged, inoperable or malfunction for any reason whatsoever, or (iii) for any other reason or cause beyond LifeStation’s reasonable control, in each event for the duration of such interruption of Service. You shall be entitled to reimbursement of the unearned charge paid for the period of interruption on your request and this shall be the limit of LifeStation’s liability.
- INTEGRATED AGREEMENT. This Agreement contains the entire agreement between you and us concerning the transactions described in this Agreement and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, written or oral, pertaining to such matters, all of which are merged into this NEITHER PARTY HAS AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) WHICH IS NOT EXPRESSED HEREIN. EACH PARTY REPRESENTS THAT IT/HE/SHE IS NOT RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT WHICH IS NOT EXPRESSED IN THIS AGREEMENT. All changes or amendments to this Agreement must be in writing and signed by all parties to be binding on the parties. Notwithstanding anything contained herein to the contrary, LifeStation may, in its sole discretion, terminate this Agreement, with or without cause and without any liability whatsoever, upon thirty (30) days notice to Subscriber.
- VALID AGREEMENT. Should any provision of this Agreement (or portion of it), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provisions of this Agreement, or of such provisions as applied to any other circumstances, shall not be affected, and shall remain in full force and effect as valid, binding and continuing. The interpretation of this Agreement shall not be construed against the
- INTENDED THIRD PARTY You acknowledge, understand and agree that the provisions of this Agreement inure to the benefit of and are applicable to any service provider or subcontractor engaged by LifeStation to perform or provide any service set forth herein to you, and bind you to such service provider and subcontractor with the same force and effect as they bind you to LifeStation.
- REPAIR Following LifeStation’s receipt of notice from you of the need to service the System, LifeStation agrees, pursuant to the terms of this Agreement, to replace or repair the System at LifeStation’s sole option, due to ordinary wear and tear only. You shall pay for all other repairs at LifeStation’s then prevailing charges. LifeStation will ship you replacement equipment to replace the part of the System needing service. The equipment needing service must be delivered to LifeStation within ten (10) days of your receipt of the replacement equipment.
- USAGE LIMITS. We may place usage limits for any LifeStation service. If we place usage limits for a LifeStation service, and you then use such service more than allowed by the limit amount, we will charge you at our then current rates for your usage in excess of the limit amount. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such
- CONTRACTUAL LIMITATION OF All claims, actions or proceedings by or against LifeStation and/or its Representatives must be commenced within one (1) year after the cause of action has accrued, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.
- YOUR INTERACTIONS WITH LIFESTATION AND ITS RESPONSE We and our response center may record and monitor conversations and other communications between our personnel or the personnel of our response center and you, your agents or representatives, Responders, or other third parties. You authorize and consent to such recording and monitoring for yourself and as the authorized agent of others in your Premises, your agents and employees, and all Responders on the Call List. Please note that our personnel may also remain on the telephone line if they conference in a third party to assist in completing a service request. You agree that LifeStation is not required to release any recorded conversations or communications or physical records that are created by or on behalf of LifeStation unless required by law. We will use commercially reasonable efforts to accommodate you if English is not your first language and you request translation services, but we do not guarantee the availability or competence of any translator.
- AGREEMENT The headings of the paragraphs in this Agreement are inserted for the convenience of reference only and shall in no way affect the interpretation of the provisions of this Agreement.
- ELECTRONIC CONTRACT. Each party consents to and agrees that the use of a keyboard, mouse, or other device (i) to select an item, button, icon or checkbox, or (ii) to enter text, or (iii) to perform any similar act or action while using a web-based portal for the purpose of initiating, reviewing, modifying or completing any transaction regarding this Agreement constitutes a lawful and valid signature, acceptance, and agreement, and shall be treated the same as if such were actually made using a physical, written signature. The parties further agree that no certification authority, or other third-party verification is necessary to validate their respective electronic signature. The parties additionally agree that this Agreement is accepted and agreed to when an electronic signature for each party has been affixed to this Agreement.
- WAIVER OF JURY TRIAL. TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY EITHER PARTY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, OR AS A CONSEQUENCE OF THIS AGREEMENT.
- GOVERNING To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of New Jersey, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. All controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought and heard in the state courts located in Union County, New Jersey, without any right to remove to Federal Court.
- CONSENT TO CALL YOU AND YOUR CONTACT LifeStation and Representatives have your consent to (a) call or text your residential or mobile phone, (b) use an automatic telephone dialing system, and (c) use prerecorded calls as part of delivering the LifeStation Service, including for marketing purposes. Your consent is not required as a condition of purchase. As the authorized agent of each Responder on the Contact List from time-to-time you represent and warrant that you have obtained and will maintain their express written consent to contact them as part of your use of the Service.
- From time to time, upon not less than thirty (30) days prior written notice to you at your address on file at LifeStation, we may modify this Agreement. Your continued use of the System, or payment of amounts due under this Agreement, after the effective date specified in the notice shall constitute your acceptance of the amendment and you shall thereafter be bound by the terms of this Agreement as so amended.
YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION WITH OR WITHOUT CAUSE AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
ON AND AFTER MIDNIGHT OF SUCH SEVENTH DAY, YOU, THE PURCHASER, MAY CANCEL YOUR AGREEMENT WITH LIFESTATION FOR YOU TO RECEIVE PERSONAL EMERGENCY RESPONSE SERVICE MORE THAN 30 DAYS AFTER YOUR NOTIFYING LIFESTATION IN WRITING OF YOUR CANCELLING SUCH AGREEMENT, PROVIDED THAT YOU HAVE LEGALLY OBLIGATED YOURSELF TO BEGIN LIVING IN A NURSING HOME OR OTHER HEALTH-RELATED FACILITY WITHIN SUCH 30-DAY PERIOD FOR WHAT IS EXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY FOR AT LEAST 2 MONTHS, OR THAT YOU HAVE ALREADY BEGUN LIVING THEREIN EXPECTING YOUR STAY TO BE PERMANENT OR FOR AT LEAST 2 MONTHS, AND PROVIDED THAT THESE FACTS ARE VERIFIED BY YOUR DOCTOR OR BY THE NURSING HOME OR OTHER HEALTH-RELATED FACILITY.
NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION HEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Last updated: September 2018