The following terms and conditions including those on the face hereof, or attached by separate cover, constitute an Agreement (herinafter called “Agreement”) between the Subscriber, SoloCare Systems, LLC (each; “party” and collectively called the “Parties”) and are referred to as such:
1. PARTIES AND SERVICES: THE PERSON NAMED AS SUBSCRIBER AND THE PERSON NAMED AS PAYER (COLLECTIVELY,“SUBSCRIBER”) HERBY CONTRACT WITH SOLO CARE SYSTEMS, LLC THE OBLIGATIONS OF SUBSCRIBER AND PAYER ARE JOINT AND SEVERAL, WHICH MEANS THAT BOTH OF YOU ARE EQUALLY RESPONSIBLE FOR THE OBLIGATIONS OF THE SUBSCRIBER UNDER THIS AGREEMENT. WE WILL SEND YOU THE SYSTEM. WE WILL NOT INSTALL THE SYSTEM AND YOU ARE RESPONSIBLE FOR INSTALLING THE SYSTEM.

2. THE SYSTEM AND SERVICE HAS CERTAIN LIMITATIONS. IN CONSIDERATION FOR THE PROVISION OF THE SYSTEM AND SERVICE, YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT THE SYSTEM OR MONITORING SERVICE (RESPONSE CENTER) WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, PROPERTY LOSS, OR ANY OTHER INJURY OR DAMAGE TO YOU, YOUR PROPERTY OR OTHERS WHO USE THE SYSTEM. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR RESPONSE, AND WE HAVE NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED. YOU FURTHER UNDERSTAND THAT WE MAY BE NEGLIGENT IN PROVIDING THE SERVICE, AND MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE SYSTEM, OR THAT THE SYSTEM MAY FAIL TO FUNCTION PROPERLY. YOU AGREE THAT IF WE WERE TO HAVE ANY LIABILITY GREATER THAN THAT AGREED TO BY YOU PURSUANT TO SECTION 12 OF THIS AGREEMENT, WE COULD NOT AND WOULD NOT PROVIDE THE SERVICE. YOU ACKNOWLEDGE THAT YOU SHOULD OBTAIN ANY LIFE, MEDICAL, DISABILITY OR PROPERTY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS WHO MAY USE THE SYSTEM. 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 SECTIONS 11 AND 12.

3. TERM & TERMINATION: This Agreement starts when System is initially activated (i.e., sends a signal to the Response Center) and has an initial term of twelve (12) months. After the initial term, this Agreement will automatically renew on a month-to-month basis unless either party provides written notice of cancellation to the other party within thirty (30) days of the expiration of the initial term of any renewal term. Subscriber agrees to pay for a full month for any month in which the Subscriber has service. The parties may terminate this Agreement at any time for non-payment of fees or abuse of the service (for example, excessive false alarms). Subscriber understands that a full year of monitoring service is required even if terminated for any reason before full term. Therefore, in the event Subscriber defaults in the payment of any charges to be paid to parities, you agree to pay us our cost for the equipment provided and our loss of profit which you agree is $255.00.

4. Subscriber understands and agrees that the Response Center's and our duties and obligations to provide the System, monitoring and any other services arise solely and exclusively out of this agreement and not otherwise. If anyone other than Subscriber is the user of the System (the "User"), such User is a third party beneficiary to this agreement and is bound by all of the terms herein, including our disclaimer of warranties and limitation of liability.

5. We shall program the System to send signals to the “Response Center”. When an emergency signal from the System is received in the Response Center, they will try to telephone the person or entity you have designated in the Emergency notification list. To avoid false alarms, the Response Center may use the two-way audio feature of the System, if provided, or first call your premise to determine if an actual emergency exists before we call any authorities or persons on your call list, or dispatch emergency response personnel, and to attempt to determine which emergency response personnel should be notified. Unless otherwise requested or instructed we will notify your caregiver or paramedics for a medical alarm and the police for a duress alarm. If we have reason to believe that no actual emergency exists, we may choose not to notify emergency response personnel. We reserve the right to tape record all telephone conversations with the Response Center. 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 all monitoring software, computer codes and monitoring information remain our sole and exclusive property. You appoint us as your agent to communicate with the Response Center and we are authorized to change or modify the services provided by the Response Center and advise the Response Center of changes to the services, your instructions and your notification list.
SUBSCRIBER AGREES THAT THE RESPONSE CENTER IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY BY THE PHONE THE APPROPRIATE EMERGENCY AGENCY OR OTHER PERSONS NAMED IN THE EMERGENCY CONTACT NOTIFICATION LIST. YOU UNDERSTAND THAT THE RESPONSE CENTER WILL NOT SEND ANY RESPONSE CENTER PERSONNEL TO YOUR PREMISES IN RESPONSE TO ANY EMERGENCY SIGNAL. THE SUBSCRIBER AUTHORIZES APPROPRIATE EMERGENCY ACENCY RESPONDER TO BREAK INTO SUBSCRIBERS HOME IF NECESSARY, AND WAIVES ANY CALIM AGAINST ANY PARTY AS A RESULT OF FORCED ENTRY TO THE HOME.

6. The System includes a communicator that sends signals to the Response Center over your regular landline telephone service. The communicator will not function using cellular telephone service. You will pay for all telephone charges including any installation fee for a special jack to connect the System to your telephone service. We recommend the use of an RJ3I X or equivalent telephone jack to give the System priority over other telephones in your premises. HOWEVER WHEN THE SYSTEM IS ACTIVATED, YOU WILL BE UNABLE TO USE YOUR TELEPHONE TO MAKE OTHER CALLS (SUCH AS CALLS TO THE 911 EMERGENCY OPERATOR), AND THEREFORE, YOU MAY WISH TO HAVE THE SYSTEM CONNECTED TO A SECOND TELEPHONE LINE. If your telephone is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the Response Center and we will not know of the telephone service problem. The use of' DSL, VoIP or other broadband telephone service may prevent the System from transmitting alarm signals to the Response Center and/or interfere with the telephone line-seizure feature of the System. DSL service should be installed on a telephone number that is not used for alarm signal transmission. You agree to notify us if you have installed or intend to install DSL. VoIP or other broadband service. IMMEIDIATELY AFTER THE INSTALLATION OF DSL, VoIP OR OTHER BROAD BAND SERVICE YOU MUST TEST YOUR SYSTEM'S SIGNAL TRANSMISSION WITH THE RESPONSE CENTER.

7. You agree that you and others using the System, including User, shall 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 monitoring service. lf' a false alarm fine or penalty or a response fee is charged to us or you by any governmental agency, you will pay for the charge.

8. You will instruct all other persons who may use the System on its proper use, including any User if different than you. If the System is used for sending a duress alarm signal, you agree that you will only use the System if there is an immediate threat of personal attack. It may be unlawful to otherwise use the System. You or the User will test the System and send test signals to the Response Center on a monthly basis. If the Response Center does not respond to the test signal, you should call the Response Center and confirm the status of the test. You understand that the city or county in which your premises are located may require that you obtain a permit for the use and monitoring of the System in order for them to respond, and you will obtain and keep in effect all such necessary permits or licenses. You will notify us in writing of any changes in the persons or telephone numbers on your emergency call list. You agree that we may disclose the information on the Emergency Contact Information to any governmental agency having jurisdiction over the use and operation of the System.

9. You understand that we may stop or suspend monitoring service for any of the following reasons. (a) Strikes, severe weather, earthquakes or other such events beyond our control affect the operation of the Response Center or so severely damage your premises that continuing service would be impractical. (b) There is an interruption or unavailability of the telephone service between the System and our Response Center. (c) You do not pay the service charge due to us, after we have given you ten (10) days' notice that we are canceling service because of non-payment. (d) We are unable to provide service because of some action or ruling by any governmental authority. (e) You become a debtor in a bankruptcy proceeding. You authorize us to investigate your credit record, and to report your payment performance under this agreement to credit agencies and credit reporting services. YOU UNDERSTAND THAT THE SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS,

10. We may transfer or assign this agreement to a financial institution or any other personal emergency services provider. You may not transfer this agreement to someone else (including someone who purchases or rents your premises) unless we approve the transfer in writing. We may use subcontractors (including any independent Response Center or nurse care services provider) to provide monitoring and other services, and this agreement shall apply to our assignees or subcontractors, and the work they perform and protect them in the same manner as it is applies to and protects us.

11. You understand that: (a) we are not an insurer of your premises, property or the personal safety of persons in your premises; (b) you are solely responsible for providing any life, health or disability insurance for yourself and persons who use the System, and insurance on your premises and its contents; (c) the amount you pay to us is based only on the value of the service we provide; (d) emergency notification systems and monitoring service may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of the property that might be lost, stolen or destroyed if the System or our service fails to operate properly; (f) it is difficult to determine in advance how fast your caregiver, the police or fire department or others emergency personnel would respond to a notification of an emergency signal; (g) 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 failure to perform, our negligence, or a failure of the System or service. THEREFORE YOU AGREE: Even if a court decides that the parties breach of this agreement, a failure of the System. or parties negligence, or a failure of the response center caused or allowed any harm or damage (whether property damage, personal injury or death) to you or anyone in your premises, you agree that our liability shall be limited to $1,500.00, and this shall be your only remedy regardless of what legal theory (including without limitation, negligence, breach of contract, breach of warranty or product liability) is used to determine that we were liable for the injury or loss. You may obtain from us a higher limitation of liability for an additional periodic charge. If you elect this option, we will attach a rider to this agreement which will set forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to the limitation of liability does not mean that we are an insurer.

12. If anyone other than you, including any User, asks us to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) Response Center or parties breach of this agreement or a failure of the System or services, (ii) our negligence, (iii) any other improper or careless activity of ours in providing the System or services 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.

13. Both parties agree that no law suit or any other legal proceeding connect with this agreement shall he brought or filed more than one year after the incident giving rise to the claim occurred. TO THE EXTENT PERMITTED BY LAW. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

14. The entire and only agreement between you and us is written in this agreement. It replaces any earlier oral or written understandings or agreements. It may only be changed by a written agreement signed by you and accepted by us. If any provision of this agreement is found to be invalid or illegal by a court, the balance of the agreement shall remain in force. The interpretation of this agreement shall not be construed against the preparer of the Agreement. You agree that this agreement shall be governed by the laws of Wisconsin without regard to its choice of law provisions.