Terms and Conditions

General Terms & Conditions PureTalk Ranger Terms & Conditions

PureTalk Holdings, Inc. d/b/a PureTalk (“PureTalk”, “We” or “Us”) Medical Device Terms and Conditions and Monitoring Policy and Agreement

BY ACTIVATING YOUR PURETALK RANGER MEDICAL ALERT DEVICE (YOUR “MEDICAL DEVICE”), YOU AGREE TO THIS PURETALK MEDICAL DEVICE TERMS AND CONDITIONS AND MONITORING POLICY AND AGREEMENT, INCLUDING THE MONITORING SERVICES AGREEMENT AT EXHIBIT A HERETO (“MEDICAL DEVICE AGREEMENT”), WHICH GOVERNS YOUR USE OF YOUR MEDICAL DEVICE AND THE MONITORING THEREOF. YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO READ AND REVIEW THIS MEDICAL DEVICE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS MEDICAL DEVICE AGREEMENT IN THEIR ENTIRETY, INCLUDING THE DISCLAIMER/LIMITATION OF LIABILITY AND INDEMNITY PARAGRAPHS BELOW. THIS MEDICAL DEVICE AGREEMENT DOES NOT COVER THE MONITORING SERVICES (AS DEFINED BELOW), ONLY THE MEDICAL DEVICE. BY AGREEING TO THIS MEDICAL DEVICE AGREEMENT AND ACCEPTING THE TERMS OF USE FOR THE MONITORING SERVICES AND ACTIVATING THE MONITORING SERVICES ON YOUR MEDICAL DEVICE, YOU SEPARATELY AGREE TO THE MONITORING SERVICES TERMS (AS DEFINED BELOW), WHICH GOVERN YOUR RESPONSIBILITIES REGARDING THE MONITORING SERVICES. PLEASE READ THE IMPORTANT HEALTH AND SAFETY INFORMATION CONTAINED IN THIS MEDICAL DEVICE AGREEMENT AND ANY OTHER MATERIALS PROVIDED CONCURRENTLY WITH MEDICAL DEVICE.

Use of the Medical Device is also subject to the PureTalk Holdings, Inc. d/b/a PureTalk Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver (the “Terms and Conditions”) and the other documents that constitute the “Agreement” as defined in the Terms and Conditions, including, without limitation the terms covering our Return Policy, Cancelation, Charges and Payment, Acceptable Use Policy, Termination, the Arbitration Agreement and Class Action Waiver for Dispute Resolution with PureTalk. Capitalized terms that are not otherwise defined in this Medical Device Agreement shall have the meanings ascribed to them in the Terms and Conditions.

IF YOU PURCHASE YOUR MEDICAL DEVICE ONLINE, YOU WILL BE REQUIRED TO AFFIRMATIVELY AGREE TO THE TERMS OF THIS MEDICAL DEVICE AGREEMENT IN ORDER TO COMPLETE THE TRANSACTION.

IF YOU PURCHASE YOUR MEDICAL DEVICE DURING A TELEPHONE CALL WITH AN AGENT, PURETALK WILL PROVIDE YOU WITH A COPY OF THIS MEDICAL DEVICE AGREEMENT IN ANY MANNER THAT WILL REASONABLY RESULT IN THE DELIVERY OF SUCH DOCUMENT TO YOU, INCLUDING BY EMAIL, US MAIL OR ANY OTHER DELIVERY METHOD. IT IS YOUR RESPONSIBILITY TO READ THIS MEDICAL DEVICE AGREEMENT AND BY ACTIVATING AND USING YOUR MEDICAL DEVICE, YOU ARE DEEMED TO AGREE WITH THE MEDICAL DEVICE AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS YOU MUST NOT USE YOUR DEVICE. AGAIN, REGARDLESS OF WHETHER YOU HAVE READ THE TERMS, YOU WILL BE DEEMED TO HAVE AGREED TO THEM AT THE TIME YOU FIRST USE THE DEVICE. YOUR CONTINUED USE OF THE DEVICE REPRESENTS YOUR CONTINUED AGREEMENT TO THE TERMS.

As is noted below in more detail, your Medical Device contains software code that is protected by U.S. and international copyright laws and that is owned by Freeus, LLC (“Freeus”). Freeus will also be solely responsible for providing the Monitoring Services discussed in the Monitoring Services Agreement included as Exhibit A to this Medical Device Agreement. You acknowledge and agree that PureTalk has no liability whatsoever for the Monitoring Services provided to you by Freeus.

For purposes of this Medical Device Agreement, unless the context otherwise requires, the services described herein include all the services related to the provision to you of the Medical Device and the Monitoring Services (as defined at Exhibit A) and any other services included on or otherwise made available in connection with the Medical Device, including our wireless services (individually and collectively, the “Medical Device Service”) as set forth in this Medical Device Agreement. The current version of the Terms and Conditions can be found at Terms and Conditions. To the extent that any of the terms or conditions contained in this Medical Device Agreement may contradict or conflict with any of the terms or conditions contained in the Terms and Conditions, it is expressly understood and agreed that the terms and conditions of this Medical Device Agreement shall take precedence and supersede any contradictory or conflicting terms contained in the Terms and Conditions.

Additionally, by activating your Medical Device, customer consents to the use of their personal information as described in PureTalk’s privacy policy and notice at PureTalk Holdings Privacy Policy, which may include the sharing of the precise location of your your Medical Device and certain customer Propriety Network Information in order to use your Medical Device Service, such as phone numbers called, call frequency and call location information. Geolocation information may be considered sensitive information under some state laws.

By activating your Medical Device and thereby agreeing to the terms of this Medical Device Agreement, you represent and agree that you will be the only person using the Medical Device and you acknowledge that the use of such Medical Device by any person other than you, the customer, releases PureTalk and any third-party equipment or service providers of any liability whatsoever to you or the person illicitly using the Medical Device.

The information in this document is subject to change. We reserve the right to make changes to the content of this document and/or the devices associated with it at any time. We will notify you of changes to this Medical Device Agreement either in your monthly bill, through separate notice or via posting of the material changes on our website.

1. Can You Cancel My Service?

Notwithstanding any of the terms or conditions contained in the Terms and Conditions, we may interrupt or terminate your Medical Device Service at any time without notice for any conduct that we believe violates this Medical Device Agreement. Should you fail to perform your obligations under this Medical Device Agreement, you will reimburse us for all expenses, including reasonable attorneys’ fees, incurred in the enforcement of this Medical Device Agreement and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies proved by law. Our failure to strictly enforce this Medical Device Agreement will not waive our right to require compliance with this Medical Device Agreement.

2. What Are the Limitations on Services, your Medical Device Equipment, Warranties and Liability?

GENERAL DISCLAIMERS

Customer acknowledges that PureTalk is providing your Medical Device, a device which depends on a cellular network and may fail causing the customer’s response team not to receive a call for help including, but not limited to, the failure of the customer to activate the Medical Device. Please see our Terms and Conditions and the Wireless Service Carrier Disclosure in this Medical Device Agreement below for information about our wireless services. For proper operation, your Medical Device requires adequate cellular coverage. Poor cellular coverage may result in the inability to place a call and automatically detect a fall.

In an emergency, customer should provide the response team with as much information as possible about their location. Your Medical Device is not a replacement for the customer’s regular contact with caregivers or access to an alternative means of placing an emergency call.

No fall detection system is 100% reliable. If customer experiences a fall that causes actual or potential injury, do not wait for the automatic call from the Monitoring Services. Instead, customer should immediately call for help manually if able.

Your Medical Device requires adequate battery charge for proper operation. Low battery may result in the inability to place a call, automatically detect a fall, and/or properly locate the customer automatically during an emergency.

Your Medical Device lanyards are designed to break apart under certain conditions; however, any cord worn around the neck can pose a risk of strangulation, including the possibility of serious injury or death.

NO MEDICAL BILLS OR MEDICAL RECORDS; NO MEDICAL USE

Your Medical Device does not provide medical advice. Customers should always consult his or her physician or other healthcare professional with any question regarding any medical or mental health condition, or for specific guidance regarding nutrition or physical activity. Your Medical Device and the Medical Device Service are not intended, nor should they be used, to capture, generate, or store medical bills or medical records. You understand that any such use of your Medical Device or the Medical Device Service for this purpose violates this Medical Device Agreement. Neither your Medical Device nor the Medical Device Service are in any way intended for medical use, are not a medical device of any kind, and have not in any way been designed for medical use. You understand, acknowledge, and agree that your Medical Device and the Medical Device Service, are not subject to HIPAA. You also understand, acknowledge, and agree that your Medical Device and the Medical Device Service, are not intended for use in providing any medical care, medical treatment, or transmission of protected health information that is subject to regulation under HIPAA or any other federal or state healthcare privacy or security laws.

FREEUS EQUIPMENT

Your Medical Device contains software code that is protected by U.S. and international copyright laws. Freeus retains ownership to all its copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights. Customers have a limited license to use the Medical Device only in accordance with this Medical Device Agreement. Any modification, copying, reverse engineering, or other use that is not authorized by law, by this license, or by the express written consent of Freeus is strictly prohibited. Unauthorized reproduction or distribution of copyrighted materials in the United States is subject to civil and criminal remedies pursuant to Title 17 of the United States Code. This Medical Device Agreement is between PureTalk and you, and not with Freeus. Freeus has no obligation to furnish any maintenance and support with respect to your Medical Device Service or any other services included on or otherwise made available through your Medical Device. You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, confidentiality notices, or ownership notices on your Medical Device or provided via your Medical Device Service, including screen displays.

COMMUNICATION LIMITATIONS

It is understood that the communications transmitted by your Medical Device relies upon the availability of cellular service and data which are provided pursuant to and governed by our Terms and Conditions and the Wireless Service Carrier Disclosure below. The ability of your Medical Device to accurately track customer’s location is dependent upon the availability of GPS, cellular network and/or wireless internet coverage depending on customer’s location. Your Medical Device will function only in areas, locations, and buildings where such cellular service is available. Please be aware that even within your wireless coverage area many things can affect the availability and quality of your wireless service, including, but not limited to, network capacity, terrain, foliage, and weather. Wireless service, or particular wireless technologies, will not be available in all areas at all times.

EQUIPMENT WARRANTY

Limited Warranty Policy. PureTalk warrants to customer that your Medical Device (“Hardware”) and battery (“Battery”) only—will be free from defects in workmanship and materials, under normal use and service (“Limited Warranty”), for one year from the date of purchase (“Warranty Period”). This Limited Warranty applies to new medical devices only.

What this Warranty Covers. During the Warranty Period, the Hardware or Battery will be repaired or replaced at PureTalk’s choice without charge to customer. This Limited Warranty covers the replacement of Hardware and Battery only. The Warranty Period for the repaired or replaced Hardware will be ninety (90) days from delivery of the repaired or replaced Hardware or Battery. Replacement of your Medical Device and parts may be new, reconditioned, refurbished, or otherwise factory remanufactured. Replaced medical devices and parts will become the property of PureTalk.

What this Warranty Does Not Cover. The Limited Warranty does not apply to normal wear and tear including, but not limited to, deterioration of sound quality from microphones and speakers (if presented in your Medical Device). The warranty does not apply when the Hardware is opened or repaired by someone not authorized by PureTalk and does not cover repair or replacement of any Hardware or part thereof damaged by misuse, excessive use, moisture, liquids, proximity to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware. The Limited Warranty does not cover cosmetic damage to the surface of the Hardware such as scratches or dents or similar issues. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware.

PureTalk shall not be liable under this warranty if its testing and examination disclose that the alleged defect or malfunction in your Medical Device does not exist or was caused by customer’s or any other person’s: (a) misuse, or neglect,(b) improper installation or testing, (c) unauthorized attempts to open, repair, or modify your Medical Device, (d) any other cause beyond the range of the intended use, or (e) by accident, fire, lightning, other hazards, or acts of God.

No warranty, explicit or implicit, is provided, against your Medical Device’s incidental, occasional, or temporary failure to perform including but not limited to failure to access specified wireless network, failure to dial pre-set phone numbers, failure to send out requested messages, reports, location information, etc., and failure to maintain connection during a communication or usage in particular situations including emergency situations, regardless of the cause for such failure. Fall detection, if present in your Medical Device, does not detect 100% of actual falls or prevent 100% false alerts of falls. Geofencing functions do not detect 100% of geofence breaches or prevent 100% of false alerts on geofence breaches. Customer understands your Medical Device’s performance is impacted by many factors and vary by wireless network’s quality and user locations. Your Medical Device does not prevent death, bodily injury, or impairment, including but not limited to hearing impairment due to the loudspeaker (if present in your Medical Device) being too close to the ear, or damage and loss of property.

How to Make a Warranty Claim. Customer acknowledges that PureTalk’s obligation under this Limited Warranty policy is only to customer. To make a claim of a defect, customer must contact PureTalk during the Warranty Period at (877) 303-9899 to explain the defect and obtain a Returned Merchandise Authorization (“RMA”) number. Customer must return the defective Medical Device along with a detailed explanation of the defect, within the RMA term, to the address provided to customer by PureTalk. Customer acknowledges and agrees to be responsible for all costs and expenses for shipping RMA products to PureTalk. PureTalk shall be responsible for all costs and expenses to ship the repaired or replaced Medical Device to customer.

Upon receiving RMA products, PureTalk shall conduct all necessary inspection and testing to determine based on mutually agreed upon standards, whether the returned units are defective. A Medical Device whose functionality can be restored by charging or re-charging battery or by firmware upgrading are deemed non-defective and will be returned to customer. Units that are deemed to be defective shall be repaired or, if irreparable, replaced with an equal number of units and returned to customer along with any accessories that were sent by customer with the defective unit. Units that are damaged or tampered with by customer or any other person voids the warranty and will not be repaired or replaced.

MONITORING SERVICE PAYMENT AND TERMS; PASS THROUGH COSTS

Although Freeus will provide the Monitoring Services, PureTalk will bill you for such Monitoring Services on behalf of Freeus. Accordingly, for the Monitoring Service, you agree to pay the monthly, quarterly, or annual amount specified by PureTalk at the time you purchased the Medical Device beginning from the time the Medical Device is activated, as is described in more detail at Exhibit A below. You agree to pay all sales, service, property, use and local taxes; any, police, fire department, ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable, whether imposed on you or us. We shall have the right, at any time, to increase the service fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or governmental agency, Freeus, the monitoring center or any private response agency relating to the Monitoring Service and you agree to pay the same. In addition, you agree that PureTalk with have the right, in its sole discretion, to charge you any amounts that Freeus charges us for miscellaneous costs and expenses related to your Medical Device or the Monitoring Service, such as transportation costs of replacement equipment, replacement costs, costs of upgrading non-defective Medical Devices and similar costs.

In the event that it shall become necessary for us to undertake legal proceedings to collect payments due under this Agreement then you agree to pay us our reasonable attorney’s fees for such collection action except where prohibited by law.

YOUR LEGAL RIGHTS

This Limited Warranty gives customer specific legal rights, and customer may also have other rights which vary from state to state and jurisdiction to jurisdiction. If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect. This Limited Warranty is the only express warranty made to customer and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. PureTalk neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale, installation, maintenance, or use of your Medical Device.

WARRANTIES EXCLUSIVE

If your Medical Device does not operate as set forth herein, customer’s sole remedy shall be repair or replacement, at the sole option of PureTalk. Except for the Limited Warranty and to the maximum extent permitted by applicable law, PureTalk and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or concerns of merchantability, non-infringement, quiet enjoyment, system integration, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, workmanlike effort, lack of virtues, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the condition as to title and any implied warranty as to conformity with description.

INDEMNIFICATION

In addition to your indemnification obligations set forth in the Terms and Conditions, customer agrees to indemnify and hold harmless PureTalk, its officers, directors, shareholders, agents, employees, subsidiaries, parent and affiliate corporations, from and against any and all liability, claims, damages, suits, demands, expenses, and costs (including but not limited to court costs and reasonable attorneys’ fees) of every kind, including but not limited to personal injury or other personal claims and property loss or damage, or death, arising out of or in consequence of customer’s: (a) breach of this Medical Device Agreement; (b) use of the Medical Device and/or the Medical Device Service; (c) negligence or willful misconduct; or (d) violations of the rights of any third party.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL PURETALK BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE YOUR MEDICAL DEVICE OR THE MEDICAL DEVICE SERVICE OR ARISING OUT OF THE USE OR INABILITY TO USE THE MEDICAL DEVICE OR THE MEDICAL DEVICE SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, CUSTOMER AGREES THAT, EVEN IF PURETALK SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY DUE TO A FAILURE OF SERVICE OR EQUIPMENT IN ANY RESPECT, CUSTOMER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS MEDICAL DEVICE AGREEMENT AND/OR THE MEDICAL DEVICE, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (a) THE AMOUNT PAID BY CUSTOMER FOR THE MEDICAL DEVICE SERVICE UNDER THIS MEDICAL DEVICE AGREEMENT DURING THE SIX-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) THE AMOUNT PAID FOR THE MEDICAL DEVICE, AS THE AGREED UPON DAMAGES. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF MEDICAL DEVICE AND/OR THE MEDICAL DEVICE SERVICE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY IF LOSS, DAMAGE, OR INJURY IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS MEDICAL DEVICE AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF PURETALK, ITS SUPPLIERS, AGENTS, OR EMPLOYEES.

Customer understands that PureTalk IS NOT AN INSURER and that the amounts due under this Medical Device Agreement are based upon the value of the services provided by PureTalk, and the scope of liability as herein set forth and are unrelated to the value of the customer’s property, cost of medical care, loss of life or physical impairment or personal injuries. Such amounts are not sufficient to guarantee that no loss will occur and PureTalk does not assume responsibility for any losses which may occur even if due to our negligent performance or failure to perform any obligation under this Medical Device Agreement. Customer further understands the system(s) utilized and relied upon by PureTalk may not always operate properly for various reasons beyond our control. Accordingly, we make no guarantee or warranty, including any implied warranty of merchantability or fitness that your Medical Device supplied hereunder will avert or prevent occurrences or the consequences there from which they are designed to detect and/or respond to. PureTalk has no control over whether or how quickly or adequately police, fire, paramedics, emergency personnel or others may respond to an alarm signal or dispatch, if at all. Insurance, if any, covering personal injury or other personal claims, or death, and property loss or damage shall be obtained by customer in such amounts and covering such perils as customer may determine.

WIRELESS SERVICE CARRIER DISCLOSURE

PURETALK PROVIDES OUR WIRELESS SERVICES ENTIRELY BY USING THE FACILITIES OF THIRD-PARTY MOBILE NETWORK OPERATOR(S) (“UNDERLYING CARRIER”). CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING CARRIER AND CUSTOMER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN PURETALK AND UNDERLYING CARRIER. YOU UNDERSTAND AND AGREE THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, SUBSIDIARIES, PARENT AND AFFILIATE CORPORATIONS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THE WIRELESS SERVICES OR THIS MEDICAL DEVICE AGREEMENT, FAILURE TO USE, OR INABILITY TO USE THE MEDICAL DEVICE EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THIS MEDICAL DEVICE AGREEMENT.

CUSTOMER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO MEDICAL DEVICE AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME. CUSTOMER UNDERSTANDS THAT PURETALK AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE WIRELESS SERVICES. THE WIRELESS SERVICE IS FOR CUSTOMER’S USE ONLY AND NEITHER CUSTOMER NOR PAYOR MAY RESELL THE WIRELESS SERVICE TO ANY OTHER PARTY.

DISCLAIMER OF WARRANTIES

CUSTOMER UNDERSTANDS THAT PURETALK AND THE UNDERLYING CARRIER DO NOT GUARANTEE ANY CUSTOMER UNINTERRUPTED SERVICE OR COVERAGE. PURETALK AND THE UNDERLYING CARRIER DO NOT WARRANT THAT CUSTOMER CAN OR WILL BE LOCATED USING THE WIRELESS SERVICE. PURETALK AND THE UNDERLYING CARRIER MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY PRODUCTS OR SERVICES. IN NO EVENT SHALL EITHER PARTY BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT ANY SERVICE; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR OTHER DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, CUSTOMER RELEASES, INDEMNIFIES AND HOLDS PURETALK AND THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, ANY SERVICES PROVIDED BY PURETALK AND THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF PURETALK OR THE UNDERLYING CARRIER.

3. What Services, Information, Content, And Applications Are Provided by or Used by Third Parties?

MONITORING SERVICES AGREEMENT

When you sign up for professional monitoring services (“Monitoring Services”) and activate the Monitoring Services on your Medical Device, the Freeus Monitoring Services Agreement, attached hereto as Exhibit A (the “MSA”), forms a legally binding agreement between the customer and Freeus. The MSA applies to the Monitoring Services, not this Medical Device Agreement. The MSA is between you and Freeus, and not with PureTalk. PureTalk has no obligation to furnish any maintenance and support with respect to any Monitoring Services included on or otherwise made available through your Medical Device. The MSA covers Freeus providing voice-call response to customer in the event of a fall alert or when the customer makes an assistance call from a Medical Device. PureTalk has no responsibility or liability for the Monitoring Services provided by Freeus. In addition, the MSA limits Freeus’s liability to you when you use or receive Monitoring Services. Freeus is an independent company and not an affiliate or agent of PureTalk. Your Medical Device utilizes both Global Positioning System (GPS) and network Location Based Services (LBS) to find a customer’s current location. By activating the Monitoring Services, customers agree to allow Freeus and its affiliates to use this information to provide services to them in the case of an emergency response. By activating the Monitoring Services, customers consent to the use of their personally identifiable information as described in Freeus’s privacy policy and notice, located at Privacy Policy and Notice. Please contact Freeus’s customer service department at (877) 781-6133 for assistance with the Monitoring Services.

4. Health and Safety Information.

Before using your Medical Device, customer agrees to review all the important Health and Safety information in your Medical Device User Guide included with your Medical Device and any other materials provided concurrently with your Medical Device.

FCC CAUTION

FCC Part § 15.19 Statement. This device complies with Part 15 of the U.S. Federal Communications Commission’s (“FCC”) Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause an undesirable operation.

FCC Part § 15.21 Statement. Any changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment.

FCC Part § 15.105 Statement. This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

Reorient or relocate the receiving antenna.
Increase the separation between the equipment and receiver.
Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
Consult the dealer or an experienced radio/TV technician for help.

RADIO FREQUENCY (“RF”) EXPOSURE INFORMATION

SAR Compliance. Specific Absorption Rate (“SAR”) refers to the rate at which the body absorbs RF energy. This device is also designed to meet the requirements for exposure to radio waves established by the FCC. The SAR limit of the FCC is 1.6 W/kg, averaged over one gram of tissue. Device type: PT102A (FCC ID: ZKQ-PT102A) has also been tested against this SAR limit. During the product certification period, according to this standard report test, the highest SAR value reported to the FCC when the device is in use is 1.17W/kg. This device was tested for typical body-worn operations with the edge of the device kept 5mm from the body. To maintain compliance with the FCC RF exposure requirements, use accessories that maintain a 5mm separation distance between the user’s body and the edge of the device.

5. PureTalk Intellectual Property.

6. Severability.

If any provision of this Medical Device Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.

7. Assignment.

PureTalk may assign this Medical Device Agreement, but you may not assign this Medical Device Agreement without our prior written consent.

8. Governing Law.

This Medical Device Agreement shall be governed by the laws of the State of Delaware, USA, excluding its conflicts of laws and principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

9. Dispute Resolution.

Please refer to the Terms and Conditions which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limits the remedies available to you in the event of a dispute.

10. Limitations on Lawsuits.

Both PureTalk and customer agree that no lawsuit or any other legal proceeding connected with this Medical Device Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim which occurred.

11. Entire Agreement.

This Medical Device Agreement and our Terms and Conditions constitute the entire agreement between customer and PureTalk, and there are no other oral or other representations regarding the subject of this Medical Device Agreement that are binding on either party. All changes to this Medical Device Agreement must be in writing and signed by both parties.

EXHIBIT A

Monitoring Services Agreement

TERMS AND CONDITIONS OF FREEUS MONITORING SERVICES

THIS TERMS AND CONDITIONS OF FREEUS MONITORING SERVICES (this“Monitoring Agreement”) is entered into by and between Freeus, LLC, a Utah corporation, (the “Company”), and you as the subscriber (“Subscriber”). By activating the Device (as defined below) and sending a test signal to the Center (as defined below), Subscriber re-confirms that he / she has read this Monitoring Agreement and accepts all of the terms and conditions contained herein.

Subscriber (sometimes referred to as “you”) has agreed to purchase a personal emergency tracking device (the “Device”) from the Company (sometimes referred to as “us” or “we”) and subscribe to monitoring services which will be provided by a third-party subcontractor call center (the “Center”). The Company agrees to provide monitoring services for the Device in accordance with the terms and conditions of this Monitoring Agreement and as further described on our website at Freeus.

1. SERVICES. During the term of this Monitoring Agreement, the Center will provide seven (7) days per week, twenty-four (24) hours per day monitoring of the Device (the “Monitoring Service”) in accordance with the provisions set forth herein. The Monitoring Service will include receipt, analysis and response to alarm signals and calls made by Subscriber through the Device. The Device is intended to be used only for personal emergencies and the Center may notify appropriate authorities (i.e., police, fire department or other emergency personnel) if a signal is received from the Device and the Center verifies such signal. The Monitoring Service is designed to track the Device, and, therefore, if(i) you provide the Device to another person or (ii) become separated from the Device, the Monitoring Service will not be able to track your location. THE MONITORING SERVICE WILL NOT BEGIN AND THE CENTER WILL HAVE NO OBLIGATION TO NOTIFY EMERGENCY PERSONNEL UNTIL A TEST SIGNAL FROM THE DEVICE HAS BEEN SUCCESSFULLY RECEIVED BY THE CENTER AND YOU HAVE RECEIVED CONFIRMATION THAT SUCH SIGNAL HAS BEEN RECEIVED.

2. PAYMENT AND TERMS. For the Monitoring Service, you agree to pay the monthly, quarterly, or annual amount specified by PureTalk Holdings, Inc. d/b/a PureTalk (“PureTalk”) at the time you purchased the Device beginning from the time the Device is activated. The Monitoring Service shall begin only when the test signal from the Device has been successfully received by the Center (the “Effective Date”). The original term of this Monitoring Agreement is the billing cycle selected and will renew for the same consecutive billing cycle thereafter unless terminated pursuant to the terms of this Monitoring Agreement. You agree to pay all sales, service, property, use and local taxes; any, police, fire department, ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable, whether imposed on you or us. PureTalk shall have the right, at any time, to increase the service fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or governmental agency, the Center or any private response agency relating to the Monitoring Service and you agree to pay the same.

3. THE DEVICE AND THE MONITORING SERVICE HAVE CERTAIN LIMITATIONS. IN CONSIDERATION FOR THE PROVISION OF THE DEVICE AND THE MONITORING SERVICE, YOU ACKNOWLEDGE THAT NEITHER WE, THE CENTER NOR ANY OF OUR SUPPLIERS NOR SUBCONTRACTORS REPRESENT OR WARRANT THAT THE DEVICE OR THE MONITORING SERVICE WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, OR ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE DEVICE AND YOU OR OTHERS WHO USE THE DEVICE DO NOT AND HAVE NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY THE COMPANY, THE CENTER OR ANY OF OUR SUPPLIERS OR SUBCONTRACTORS TO THAT EFFECT. NEITHER WE NOR THE CENTER MAKES ANY REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR OR THE CENTER’S RESPONSE, AND NEITHER WE NOR THE CENTER HAVE ANY CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE DEVICE BEING USED. YOU FURTHER UNDERSTAND THAT WE OR THE CENTER MAY BE NEGLIGENT IN PROVIDING THE SERVICE, AND THE CENTER MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE DEVICE, OR THAT THE DEVICE MAY FAIL TO FUNCTION PROPERLY. IT IS UNDERSTOOD THAT A PORTION OF THE DEVICE RELIES UPON THE AVAILABILITY OF GPS COVERAGE, WIRELESS INTERNET NETWORK AVAILABILITY AND/OR CELLULAR NETWORK COVERAGE TO OPERATE PROPERLY AS WELL AS THE AVAILABILITY OF SATELLITE GPS DATA, BOTH OF WHICH ARE PROVIDED BY A THIRD PARTY THAT IS NOT CONTROLLED BY THE COMPANY. YOU AGREE THAT IF WE OR THE CENTER WERE TO HAVE ANY LIABILITY GREATER THAN THAT AGREED TO BY YOU PURSUANT TO SECTION 16 OF THIS AGREEMENT, WE COULD NOT AND WOULD NOT PROVIDE THE DEVICE OR SERVICE. YOU ACKNOWLEDGE THAT YOU SHOULD OBTAIN ANY LIFE, MEDICAL OR DISABILITY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS WHO MAY USE THE DEVICE. YOU UNDERSTAND THAT THERE ARE ALTERNATIVES AVAILABLE TO YOU SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND YOU HAVE SELECTED THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF OUR LIABILITY SET FORTH IN SECTION 16.

4. MONITORING SERVICE. The Device is connected to the Center’s monitoring network. When an emergency signal from the Device is received by the Center, the Center shall, without warranty, make every reasonable effort to promptly contact you and, if the Center determines that it is necessary in its reasonable judgment, notify the appropriate emergency authorities (fire department, police, ambulance service, etc.) (collectively, the “Responders” and each a “Responder”). You represent that the emergency contact information provided by you to the Company is accurate. To avoid false alarms, the Center may first call your contact telephone number to determine if an actual emergency exists before contacting any Responder. If the Center has reason to believe that no actual emergency exists, the Center may choose not to place such call or notify any Responder. You hereby agree that the Center may rely absolutely on the statements of Subscriber, the Responders or any person acting on behalf of Subscriber or the Responder, with regards to responses to the location and condition of Subscriber. We may discontinue any particular form of response if required to do so by any governmental authority or insurance interest. You acknowledge and agree that the Device and all monitoring software, computer codes and monitoring information remain our sole and exclusive property. SUBSCRIBER AGREES THAT THE CENTER IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY THE APPROPRIATE RESPONDERS AND IS NOT RESPONSIBLE FOR THE PROMPTNESS, SUFFICIENCY OR ADEQUACY OF THE ACTION OF ANY RESPONDER OR ANY THIRD PARTY ACTING AS A RESPONDER. SUBSCRIBER ACKNOWLEDGES THAT IN NO WAY DOES THE COMPANY REPRESENT OR GUARANTEE THAT THE RESPONDERS CAN BE CONTACTED, THAT THEY CAN OR WILL RESPOND, OR THAT ANY RESPONSE WILL BE SAFE OR EFFECTIVE. SUBSCRIBER AGREES THAT THE RESPONDERS ARE NOT AGENTS OR OTHER REPRESENTATIVES OF THE COMPANY AND ANY ACTION TAKEN BY THE RESPONDERS SHALL IN NO WAY BE IMPUTED TO THE COMPANY. YOU UNDERSTAND THAT THE CENTER WILL NOT SEND ANY COMPANY OR CENTER PERSONNEL IN RESPONSE TO ANY EMERGENCY SIGNAL.

5. GPS, CELLULAR AND/OR WIRELESS INTERNET COVERAGE; GEOGRAPHIC LIMITATIONS. The ability of the Device to accurately track your location is dependent upon the availability of GPS, cellular network and/or wireless internet coverage depending upon your location. The Device will function only in areas, locations and buildings where such service is available. If such service is unavailable or unreliable, the Device may not accurately reflect your location. In such event, the Center may be unable to communicate your location to a Responder, and a Responder may not be able to locate you. The Device does not track locations outside of the forty-eight contiguous United States; therefore, if you reside outside of such geographic area or you intend to use the Device outside of such geographic area, we recommend that you do not purchase the Device or the Monitoring Service.

6. FALSE ALARMS AND ABUSE OF SERVICE. You agree that you and others using the Device will use it carefully so as to avoid causing false alarms. False alarms can be caused by forces beyond our control. If we receive too many false alarms, that will constitute a breach of contract by you, and we may cancel this Monitoring Agreement and the Monitoring Service. If a false alarm fine or penalty or a response fee is charged to us or you by any governmental agency or other person, you will pay such charge. Subscriber further acknowledges and agrees that the Monitoring Service may be suspended from time to time for excessive false alarms, improper signals and “problem accounts.”

7. SUBSCRIBER’S DUTIES. You shall:

test the Device in accordance with the instructions provided including performing a range test, GPS lock test, and a signal test to the Center;
use the Device and the Monitoring Service in accordance with the terms and conditions of this Monitoring Agreement and the procedures and specifications provided by the Company and shall not use the Device and the Monitoring Service for any other purposes;
complete and give us the Subscriber Information Form and notify us in writing of any changes in the persons or telephone numbers on your emergency call list;
not alter, modify or attempt repairs on the Device, except pursuant to the instructions of the Company, the Center and/or our authorized service representatives;
not allow any other person to use the Device unless such person is approved by the Company and the Center and provides emergency contact information; and
allow us, the Center and/or our authorized service representatives access to the Device in order to inspect the Device, perform maintenance or repairs to the Device or remove the Device after termination or expiration of this Monitoring Agreement.

8. CONSENT TO DISTRIBUTION OF INFORMATION. You are providing us with certain information for the purposes of providing the Monitoring Service. You hereby agree that we may provide the Center, the Responders and any other necessary third parties, as determined by us in our reasonable discretion, with access to such information provided by you in connection with this Monitoring Agreement. You hereby release us from all liability, which may arise out of our disclosure of such information to the Center, the Responders and any other necessary third parties. You hereby acknowledge that all communications between you, the Company and the Center may be recorded and you consent to such recording.

9. FORCE ENTRY AND INACTIVITY ALARMS. You agree and acknowledge that if any alarm signal is received by the Center and a Responder is sent to the location of the Device, in the event that the Responder would need a key, code or other means of accessing such location that is unavailable to such Responder, the Responder may be required to forcibly enter or break into such location if the Responder determines that it is necessary in their sole discretion. You understand that this may result in damage or physical injury to you or a third party or to property owned by you or a third party. YOU HEREBY WAIVE ANY CLAIM AGAINST US OR ANY RESPONDER WHICH MAY ARISE AS A RESULT OF SUCH BREAK-IN OR FORCED ENTRY, AND YOU HEREBY AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND US, THE CENTER, THE RESPONDER AND ANY OF OUR OR THEIR AUTHORIZED REPRESENTATIVES FOR ANY LOSSES INCURRED BY US OR THEM IN CONNECTION WITH SUCH FORCED ENTRY. YOU ACKNOWLEDGE THAT THIS PROVISION COULD REQUIRE YOU TO PAY SIGNIFICANT AMOUNTS IN THE EVENT THAT THE COMPANY, THE CENTER, THE RESPONDER AND/OR ANY OF OUR OR THEIR AUTHORIZED REPRESENTATIVES IS REQUIRED TO PAY, OR AGREES TO PAY, ANY THIRD PARTY FOR DAMAGE TO SUCH PERSON OR SUCH PERSON’S PROPERTY.

10. EQUIPMENT MAINTENANCE. We may repair or replace, as determined in our sole discretion, the Device if it becomes damaged or is defective during the period of any warranty offered to you at the time of purchase, unless (i) the Device has previously been disassembled, repaired or modified by someone other than us or our authorized service representative or (ii) the Device has been damaged as a result of the negligence or misconduct by any person other than us or our authorized service representative. If the Device becomes damaged as a result of (i) or (ii) above, you shall pay us the replacement price for the Device.

11. RESPONSE. You acknowledge that we make no representation or warranty as to the promptness of the Center and that we have no control over the response time or capability of any Responder who may be notified as a result of the Device being used. You further understand that the Center may fail to properly respond to an emergency signal from the Device or that the Device may fail to operate properly. You further acknowledge that the Center shall not be obligated to perform the Monitoring Service during any time when the Device is inoperative.

12. TERMINATION, DEFAULT. If you materially breach this Monitoring Agreement, including, without limitation, by failing to make any payment when due, we may discontinue the Monitoring Service and terminate this Monitoring Agreement. If service is suspended because you have breached this Monitoring Agreement, and you ask us to reactivate the Device after you have cured such breach, you will pay, in advance, our then prevailing reconnection fee. You authorize us to investigate your credit record, and to report your payment performance under this Monitoring Agreement to credit agencies and credit reporting services. YOU UNDERSTAND THAT THE DEVICE WILL NOT WORK WITH EQUIPMENT USED BY OTHER COMPANIES OR MONITORING CENTERS.

13. SUSPENSION OR CANCELLATION OF THIS AGREEMENT. You understand that we may stop or suspend the Monitoring Service for any of the following reasons: (a) strikes, severe weather, earthquakes or other such events beyond our control affecting the operation of the Center or so severely damage your premises that continuing service would be impractical; (b) an interruption or unavailability of the Monitoring Service as a result of a disruption to the electrical lines, cellular network, radio towers and GPS network that prevents a connection between the Device and the Center; (c) your failure to pay the service charge due to us; (d) we are unable to provide service because of some action or ruling by any governmental authority; (e) we are unable to subcontract for the Monitoring Service 24 hours a day, 7 days a week, and (e) you become a debtor in a bankruptcy proceeding.

14. ASSIGNEES AND SUBCONTRACTORS. We may transfer or assign this Monitoring Agreement without notifying you and without your consent. You may not transfer this Monitoring Agreement to someone else unless we approve the transfer in writing. We may use subcontractors (including the Center or any other independent monitoring center) to provide the Monitoring Service, and this Monitoring Agreement shall apply to them and the work they perform and protect them in the same manner as it applies to and protects us. You acknowledge and agree that any subcontractor shall be considered an “independent contractor” and therefore not affiliated with us in any way as a partner, joint venturer, agent or employee.

15. CHANGES TO THE DEVICE. If you or any governmental agency or insurance interest wants us to change the Device described herein, or change it after it is installed, you agree to pay our standard parts and labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THIS DEVICE AND YOU UNDERSTAND THAT THIS DEVICE DOES NOT PROVIDE INTRUSION OR FIRE PROTECTION.

16. THE COMPANY IS NOT AN INSURER; WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY.

(a) You understand and agree that neither we nor the Center are an insurer of your premises, property or your personal safety and that you are solely responsible for providing any life, health or disability insurance and insurance on you and your premises and its contents. You understand and agree that the amount you pay to us is based solely on the value of the Monitoring Service we provide and not on the value of you or your premises or its contents, it is difficult to determine in advance the value of any personal injury or death or the property that might be lost, stolen or destroyed if the Device or our service fails to operate properly and it is difficult to determine in advance what portion, if any, of any property loss, personal injury or death would be proximately caused by our or the Center’s failure to perform, our or the Center’s negligence, or a failure of the Device or our or the Center’s service. You further understand that the amounts being charged by us are not sufficient to guarantee that no loss will occur and that we are not assuming responsibility for any losses which may occur even if due to our negligent performance or failure to perform any obligation under this Monitoring Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury or death. You agree to look exclusively to your insurer to recover damages. You waive all subrogation and other rights of recovery against us or the Center that any insurer or other person may have as a result of paying any claim for loss or injury to any other person.

(b) THE COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE DEVICE AND THE MONITORING SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE DEVICE AND THE MONITORING SERVICE, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY WITH REGARD TO THE DEVICE AND/OR THE MONITORING SERVICE, OUR MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE DEVICE AND/OR THE MONITORING SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $250.00. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE DEVICE AND/OR THE MONITORING SERVICE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS SUM IS YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

17. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION. If anyone other than you asks us to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) the Company’s breach of this Monitoring Agreement or a failure of the Device and/or the Monitoring Service, (ii) our negligence, gross negligence or failure to perform, (iii) any other improper or careless activity of ours in providing the Device and/or the Monitoring Service or (iv) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorneys’ fees and any other losses or costs that we may pay in connection with the harm or damages. Unless prohibited by your property insurance policy or other insurance, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance carriers, and you agree to defend us against any such claim. You will notify your insurance carrier(s) of this release.

18. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL. Both parties agree that no lawsuit or any other legal proceeding brought in connection with this Monitoring Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. In addition, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of this Monitoring Agreement, directly or indirectly, and/or the relationship that is being established among the parties hereunder. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitations contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Monitoring Agreement. In the event of litigation covered by the scope of this waiver, this Monitoring Agreement may be filed in court as a written consent to a trial by the court.

19. AMENDMENT AND WAIVER. This Monitoring Agreement may not be amended except in a writing signed by us. Amendments of which we give notice and post to the Company’s website at Freeus will be deemed a writing signed by us. Any amendment to this Monitoring Agreement will take effect immediately upon being posted to the Company’s website and your continued use of the services after an amendment is so posted constitutes your acceptance of and agreement to the amendment.

20. SEVERABILITY. In the event any one or more of the provisions of this Monitoring Agreement is held to be unenforceable under applicable law, such unenforceability shall not affect any other provision of this Monitoring Agreement and this Monitoring Agreement shall be construed as if said unenforceable provision had not been contained herein.

21. ATTORNEYS FEES. In the event that it should become necessary for the Company to institute legal proceedings against Subscriber to enforce any provision of this Agreement, Subscriber agrees to pay the Company’s reasonable attorneys’ fees and costs, except where prohibited by law.

22. CANCELLATION. YOU, SUBSCRIBER, MAY CANCEL THIS AGREEMENT AND THE MONITORING SERVICE HEREUNDER AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE EFFECTIVE DATE. IF CANCELLATION IS DESIRED, SUBSCRIBER MUST MAKE AVAILABLE TO THE COMPANY OR ITS AGENT, IN GOOD CONDITION, THE DEVICE AND ANY OTHER EQUIPMENT DELIVERED UNDER THIS AGREEMENT. TO CANCEL THIS AGREEMENT AND THE MONITORING SERVICE HEREUNDER, SUBSCRIBER MUST MAIL OR DELIVER A SIGNED AND DATED NOTICE OF CANCELLATION TO THE COMPANY NO LATER THAN THE THIRD (3RD) BUSINESS DAY AFTER THE EFFECTIVE DATE. THE NOTICE OF CANCELLATION SHOULD BE COMMUNICATED IN WRITING TO FREEUS, LLC, 4699 HARRISON BLVD., OGDEN, UT 84403; ATTENTION: CANCELLATION DEPARTMENT.

Subscriber understands and agrees that the Company’s duties and obligations to provide the Device, the Monitoring Service and any other services arise solely and exclusively out of this Monitoring Agreement and not otherwise.