CONTRACT TERMS AND CONDITIONS
THIS AGREEMENT ESTABLISHES THE LIMITS OF GEOANGEL’S LIABILITY, AND YOUR REMEDIES. READ IT CAREFULLY.
Below are the Contract Terms and Conditions for your Geowatch, and other associated services and monitoring provided by Geoangel. If you do not agree with these Contract Terms and Conditions, simply call the Geoangel customer service number at (317) 660.6288 within 30 days of delivery to discontinue your monitoring services, and arrange for the return of the Geoangel equipment.
By retaining and/or using your Geowatch beyond 30 days of delivery, you accept and agree to the below Contract Terms and Conditions, and those terms and conditions become binding.
This is an agreement (the “Agreement” or the “Contract Terms and Conditions”) between the User (“User,” “you” or “your”) and Geoangel. (“Company”), (Company is sometimes referred to as “we,” “us” or “our”). The “Effective Date” is the date on which you place your order with Geoangel.
1. How long this Agreement Lasts. The term of your Monitoring Services under this Agreement is month-to-month beginning on the day you receive your Geowatch and continuing for successive month-to-month periods. You or we may terminate your Monitoring Services and this Agreement by providing the other party thirty (30) days’ written notice of termination. In addition, we may terminate your Monitoring Services and this Agreement for cause, including if you fail to pay us any amounts due following ten (10) days notice from us. The effective date of termination of this Agreement is called the “Termination Date.” Sections 2 and 6-33 of this Agreement will survive termination of this Agreement.
Should User opt for a payment plan that provides discounts for pre-payment of a particular temporal term of service, this agreement will operate on the term of service agreed upon as part of that plan. You agree, that if you opt for a discounted payment plan on monthly service, that Geoangel will only terminate your plan on the timeline mandated by your discounted pre-payment plan, and that regardless of the date or method of plan termination that no refund of any pre-payment will be owed to User under any circumstance.
This Agreement shall terminate upon User’s death and the return of all Geoangel equipment by User’s representative at User’s expense by UPS or US Postal Service, signature required, delivery to Geoangel. The services shall terminate upon User’s death.
2. Payment. You will pay us the amount established by the service plan you have selected (Lite Care, Priority Care, or Ultimate Care) each month until the Termination Date. You authorize us to charge the credit card or bank account on file for all amounts due. Payment is due as of the Effective Date and, after that, on the same day each subsequent calendar month that is established as your monthly payment date, or if such the date falls on a weekend or holiday, the next business day until the Termination Date. We will provide you a written billing statement only on your written request, we recommend that for account information, you use your unique passcode to access that information on the Geoangel portal (https://athome.geoangel.com) You are solely responsible for any taxes due as a result of this transaction other than our income taxes.
3. The Equipment May Not Always Work. The equipment provided to you utilizes a combination of WIFI in your home that is provided internet access by your Internet service provider, and Cellular signals outside of your home. The WIFI Signal, the service provided by your internet service provider, and the service provided by the Cellular service provider are all outside the control of Geoangel. Interruptions to any of these services can cause interruption to the service provided by your Geoangel Geowatch. If your Geowatch is not connected to the Network or the Network is not available for any reason, we will not receive data or other communications and will not be able to provide some or all of the services normally provided by the Geowatch. There are any number of reasons connection from your Geowatch to the Geoangel servers may not be available, including where the Geowatch is out of range or because of certain conditions such as topography, buildings, or the weather. We are not responsible if your Geowatch cannot connect to the Geoangel Servers.
4. Monitoring Services. “Monitoring Services” means Geoangel monitoring center personnel (the “Operators”) at a monitoring center authorized by us or any other entity or individuals acting on our behalf (the “Monitoring Center”) to alert the persons, entities or agencies you have identified to us during the process of setting up your services on the Geoangel Portal (the “Responders”) either by manual or automated means. After the Monitoring Center receives an Alert, either automatically generated, or placed by the Geowatch wearer, but before alerting any Responders, an Operator may, in their sole discretion, (a) attempt to verify the need to alert Responders; and (b) based on information received by the Operator, decide not to alert Responders or advise Responders to disregard an Alert. We will not be obligated to respond to an Alert in any way, or pass on Alert information to any responder if you are late in making payments due. In fact, if you are late in making payments due, no human being at the Monitoring Center will receive any alerts, as they are automatically discontinued once your payment is more than 10 days late.
BECAUSE THE ALERT SERVICES PROVIDED TO RESPONDERS ON YOUR BEHALF BY GEOANGEL CAN NOT BE AND ARE NOT GUARANTEED TO BE 100% RELIABLE OR 100% AVAILABLE (BECAUSE OF A VARIETY OF CIRCUMSTANCES THAT ARE OUTSIDE OF THE CONTROL OF GEOANGEL) YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY SOLELY ON THE SERVICES PROVIDED BY GEOANGEL FOR SAFETY, SECURITY, OR EMERGENCY NOTIFICATION OF ANY RESPONDER.
THE SERVICES PROVIDED BY GEOANGEL ARE NOT A REPLACEMENT FOR EMERGENCY SERVICES. SERVICES PROVIDED BY GEOANGEL SHOULD NOT AND CANNOT BE UTILIZED AS THE SOLE LIFESAVING SOLUTION FOR PEOPLE AT RISK.
5. Location-Based Services. The Geoangel Geowatch uses technology to permit the Monitoring Center, to determine where you are physically located at any given time (the “Location Based Services”). You explicitly authorize Geoangel, the Operators, and other personnel in the monitoring center to utilize those services to determine your physical location at any time. Location Based Services will be in operation even if you are not in active communication with the Monitoring Center.
Based on the Responders that you choose when setting up your Geowatch on the Geoangel portal, you will similarly grant those responders similar access to determine your location.
The accuracy of the Location Based Services is limited, and the Company, the Operators, the Monitoring Center, the Responders, or others may not be able to identify your location or the location of the Equipment precisely or at all, based on conditions that are outside of Geoangel’s control, such as topography, buildings, or weather.
You authorize Geoangel to collect location-based information that can be personally identified to you. We will only share personally identifiable location-based information with the Operators, the Monitoring Center, or any other person or entity you specifically designate and only for the purpose of providing and improving the Monitoring Services.
You authorize Geoangel to utilize location based information in the aggregate, that has been de-identified, and can no longer be matched to you as an individual, for any other purpose.
ANY AND ALL LOCATION-BASED INFORMATION IS MADE AVAILABLE FOR INFORMATIONAL AND PLANNING PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION OR MAP DATA MAY LEAD TO DEATH OR PERSONAL INJURY. YOU AGREE THAT LOCATION-BASED INFORMATION MAY VARY FROM ACTUAL LOCATION(S), ROAD, OR TERRAIN CONDITIONS DUE TO FACTORS THAT CAN AFFECT THE ACCURACY OF THE MAP DATA, SUCH AS, BUT NOT LIMITED TO, WEATHER, ROAD, AND TRAFFIC CONDITIONS, GEOPOLITICAL EVENTS, AND CONDITION OR STATUS OF CELLULAR SERVICES. WE DO NOT GUARANTEE ACCURACY OR COMPLETENESS OF ANY LOCATION-BASED INFORMATION.
6. Equipment Configuration and Use. You agree to follow our written requirements for the configuration and use of the Equipment provided in the User Guide. We may modify this information from time to time.
7. Data, Privacy, and Security. Subject to applicable laws, we will exclusively own any location-based information or other information or data relating to any equipment provided to you by Geoangel, including any data received from the Equipment and any related audio recordings or communications (collectively, “Data”). Any individually identifiable information collected by Geoangel shall only be utilized to provide the Geoangel services to you.
We have implemented reasonable organizational, technical, physical, and administrative steps designed to protect individually identifiable Data against loss, misuse, and unauthorized access or disclosure. Despite our efforts, no method of transmission of information over the internet or storage of information can be guaranteed to be completely secure. While we strive to protect your information, we cannot guarantee its security and shall not be liable for any breach of security in regards to your information.
Once any data collected by Geoangel has been de-identified, Geoangel is authorized to utilize it for any legal purpose.
8. Intellectual Property. You will not, directly or indirectly, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of any Geoangel equipment or any of its components or software. You must keep all user names and passwords confidential. You alone assume the risk that any unauthorized person gains access or control of your Equipment.
9. OUR LIABILITY IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE HEREIN: (A) THE ENTIRE LIABILITY OF THE COMPANY OR ANY OF ITS OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AFFILIATES, PARTNERS, REPRESENTATIVES, EMPLOYEES, MANUFACTURERS, SUPPLIERS, OR SUB-CONTRACTORS ( COLLECTIVELY THE “SERVICE PARTIES”), AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY DEVICES OR SERVICES PROVIDED BY GEOANGEL IS LIMITED TO THE SUM OF THE AMOUNT PAID FOR YOUR GEOWATCH PLUS 1 YEAR’S WORTH OF MONTHLY PLAN FEES, ON THE PLAN YOU SELECTED; AND (B) IN NO EVENT WILL ANY SERVICE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE EQUIPMENT AND/OR ANY OTHER SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE A NEW JERSEY RESIDENT, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE GEOANGEL SERVICES OR EQUIPMENT; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE MONITORING SERVICES OR EQUIPMENT; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES , AND THEIR AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WEBSITE, WEBSITE CONTENT, ANY SERVICES PROVIDED THEREIN; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE SERVICE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
10. YOU MUST MAINTAIN INSURANCE. WE ARE NOT AN INSURER, AND WE ARE NOT PROVIDING INSURANCE UNDER THIS AGREEMENT OR OTHERWISE. YOU AGREE TO MAINTAIN INSURANCE IN AN AMOUNT YOU DEEM SUFFICIENT TO PROVIDE FULL AND COMPLETE COVERAGE FOR ANY LOSS, DAMAGE, OR EXPENSE THAT YOU, YOUR FAMILY, OR OTHERS MAY SUSTAIN, INCLUDING MEDICAL INSURANCE, DISABILITY INSURANCE, LIFE INSURANCE, PROPERTY INSURANCE, AND LIABILITY INSURANCE. YOU AGREE THAT COMPANY AND ITS REPRESENTATIVES ARE RELEASED FROM ALL SUCH LOSSES, DAMAGES, AND EXPENSES.
11. YOU WAIVE ALL SUBROGATION RIGHTS. YOU WAIVE ANY RIGHTS YOUR INSURANCE COMPANY MAY HAVE TO SUE COMPANY OR ITS REPRESENTATIVES ON YOUR BEHALF FOR MONEY PAID TO YOU OR ON YOUR BEHALF FOR ANY CLAIMS THAT ARISE UNDER THIS AGREEMENT OR OTHERWISE.
12. YOU MUST INDEMNIFY COMPANY AND ITS REPRESENTATIVES. IF ANYONE OTHER THAN YOU, INCLUDING YOUR INSURANCE COMPANY, MAKES A CLAIM AGAINST COMPANY OR ITS REPRESENTATIVES ARISING FROM OR RELATED TO YOUR AGREEMENT WITH US, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (WITHOUT ANY CONDITION THAT COMPANY OR ANY OF ITS REPRESENTATIVES FIRST PAY) FOR ANY LOSS, DAMAGE, OR EXPENSE ARISING FROM SUCH CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY COMPANY OR ANY OF ITS REPRESENTATIVES, INCLUDING ANY LOSS, DAMAGE, OR EXPENSE IN CONNECTION WITH, OR ARISING OUT OF, OR FROM: (I) YOUR BREACH OF THIS AGREEMENT; (II) YOUR ACTS, ERRORS, OR OMISSIONS; OR (III) OUR ACTIVE OR PASSIVE, SOLE, JOINT, OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE.
13. Essential Purpose. Sections 9-12 apply regardless of any failure of essential purpose of a limited remedy.
14. False Alarms. If the Equipment is activated for any reason, you alone will pay any fines, fees, costs, expenses or penalties assessed against you, Company, or Monitoring Center by any court or governmental agency. You must provide Responders access to the Premises. If you are unable to, or otherwise fail to provide access, Responders may use force to enter the Premises, and that may result in damage. You alone are responsible for any such damage. Company has no control over response times for Responders. You hereby release Company and Responders from all claims, losses, and damages that may arise from any forced entry or delayed response.
15. Release for Circumstances Beyond Our Control. Our obligations will be waived automatically and we will not be liable to you or any other person or entity if we are unable to provide the Equipment or Services or if the Equipment or Services do not work because or as a result of, or in connection with, any circumstances beyond our control. Such circumstances include any loss of communications, including the loss of a communications of any network such as the Network or some other wireless network or any other telephone, radio or other network, including the Internet or other IP network or because of or in connection with any flood, fire, earthquake, explosion, civil unrest, war, invasion, terrorism, labor unrest, or other acts of God in any such case for the duration of such circumstance. We have no obligation to notify you of any such event. We shall reimburse you any fees applicable to the duration of such events and that shall be the limit of our liability and the liability of any Representative.
16. Binding Agreement. This Agreement is binding on you and your heirs, executors, and administrators.
17. Applicable Law; Jurisdiction; WAIVER OF JURY TRIAL AND CLASS PROCEEDING. This Agreement, with the exception of certain matters governed by the Federal Arbitration Act as specified in Section 28, will be governed by and construed according to the laws of the State of Indiana without reference to conflicts of law rules. The interpretation of this Agreement will not be construed against the drafter. Any legal action or proceeding arising from or relating to this Agreement, to the extent it is not subject to arbitration under Section 28, shall be instituted exclusively in any state court located in Hamilton County, Indiana or in United States District Court for the Southern District of Indiana, Indianapolis Division. Each Party agrees to submit to the jurisdiction of and agrees that venue is proper in the aforesaid courts, and waives, to the fullest extent permitted by law, any objection it has or hereafter may have to the jurisdiction or venue for such proceeding, as well as any claim it has or may have that such proceeding is in an inconvenient forum.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU AND THE COMPANY EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BEFORE A JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
18. Assignment. You may not assign this Agreement. We may assign this Agreement or any portion thereof. If we assign this Agreement, we are released from all liabilities or obligations that may arise after the assignment.
19. No Waiver of Breach. Waiver of any breach of this Agreement will not be a waiver of any subsequent breach. Our rights under this Agreement will be cumulative, and may be exercised concurrently or consecutively, and will include all remedies, even those remedies not referred to in this Agreement.
20. Severability. If any provision hereof (or portion thereof), or its application to any circumstances, is held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, will not be affected and will remain in full force and effect as valid, binding, and continuing.
21. Third-Party Beneficiaries. The Service Parties are the only third-party beneficiaries of this Agreement.
22. Consent to Recording. You, on your behalf and on behalf of your family, guests, agents, servants, representatives and employees (individually and collectively, “Any Person”), hereby (a) consent to Company and Service Parties intercepting, recording, retrieving, reviewing, copying, using and disclosing the contents of any form of communication between Company and you or Any Person, including telephone or any other form of oral communications (“Recorded Communications”); (b) release Company and all Service Parties from any loss, damage, or expense arising out of or in connection with the Recorded Communications; and (c) agree that, as between you and the Company, the Company exclusively owns the Recorded Communications.
23 Consent to Communicate by Telephone Using Automated Technology. We or the Monitoring Center may call or text you or the persons whose name and telephone number you provide us. Such calls and text messages may take different forms, including live telephone calls, pre-recorded or artificial voice telephone messages, or calls or text messages using an automatic telephone dialing. By providing your cellular phone number to the Company or the Monitoring Center, you expressly consent to receive automated calls and texts on your cellphone from the Company and the Monitoring Center. Prior to providing telephone numbers for other persons, you must (a) inform each such person that the Company and the Monitoring Center may communicate with them at such cellular or residential phone numbers with the automated telephone technology described above; and (b) obtain each such person’s prior express consent for the Company and the Monitoring Center to (i) call or text them at the residential or cellular telephone number(s) you are providing the Company with the telephone technology described above, specifically, using an automatic telephone dialing system or an artificial or pre-recorded voice; and (ii) record such communications as set forth more fully in this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, THE MONITORING CENTER, AND THEIR AGENTS FOR ANY CLAIM, DEMAND, ACTION, LITIGATION, OR OTHER PROCEEDING, INCLUDING STATUTORY OR COMMON LAW CAUSES OF ACTION, BROUGHT AS A RESULT OF OR RELATING TO THE COMPANY, THE MONITORING CENTER, OR THEIR AGENTS CALLING OR TEXTING ON YOUR BEHALF THE PHONE NUMBER OF ANY THIRD PARTY THAT YOU HAVE PROVIDED. You also warrant and represent that you are either the account owner of any cellular or residential phone numbers you provide to the Company, or you have the express permission of the account holder to provide such numbers. All Personally Identifiable Information provided by you to us through the telephone shall be governed by this Agreement.
24. System Use. Certain laws, rules, regulations, ordinances and policies may affect your rights under this Agreement. You must obtain and maintain all licenses, permits and other authorizations or consents necessary for the Equipment and Monitoring Services including local municipal notices or permits. You must abide by all laws when you use the Equipment, the Monitoring Services, or the Location Based Services.
25. Authorization to Provide Information and Direction on Your Behalf. You expressly authorize the Company to give information and direction to Responders or the Monitoring Center concerning matters arising under this Agreement. You ratify and confirm all acts of (i) the Monitoring Center and (ii) Company pursuant to this section.
26. Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. This Agreement inures to the benefit of and is applicable to any such subcontractors.
27. Headings; Construction. The section titles used herein are for convenience of the parties only and will not be considered in construing the provisions of this Agreement. In this Agreement, the word “including” is not a word of limitation but means “including, without limitation or example.”
28. Arbitration Provision and Class Action Waiver. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY RETAINING AND/OR USING YOUR GEOANGEL GEOWATCH, OR ITS SERVICES, BEYOND 30 DAYS OF DELIVERY, AND THEREBY ACCEPTING AND AGREEING TO THE CONTRACT TERMS AND CONDITIONS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You and the Company agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Contract Terms and Conditions, your use of the Geoangel Geowatch, the Equipment, or the Monitoring Services, or your and the Company’s dealings with one another in connection with the same shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the Arbitration Rules and Procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and the Company both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and the Company must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Hamilton County, Indiana. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor the Company will be able to have a court or jury trial or participate in a class action or class arbitration. You and the Company each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE CONTRACT TERMS AND CONDITIONS, YOUR USE OF THE MEDICAL ALERT PROGRAM, THE EQUIPMENT, OR THE MONITORING SERVICES, OR YOUR AND THE COMPANY’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH THE MEDICAL ALERT PROGRAM, THE EQUIPMENT, OR THE MONITORING SERVICES MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You and the Company agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Hamilton County, Indiana or the United States District Court for the Southern District of Indiana, Indianapolis Division, located in Indianapolis, Indiana as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Contract Terms and Conditions. This arbitration agreement will survive termination of this Agreement. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If you wish to initiate arbitration against the Company, you must send notice to the Company in accordance with Section 30 below.
If you wish to opt-out of the agreement to arbitrate, within 30 (thirty) days of delivery of the Geoangel Geowatch, you must send the Company a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following address:
11590 North Meridian Street, Suite 650
Carmel, Indiana 46032
Attn: Legal Department
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Hamilton County, Indiana or the United States District Court for the Southern District of Indiana, Indianapolis Division, located in Indianapolis, Indiana, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Contract Terms and Conditions.
29. Authority. You represent and warrant that you are at least 18 years of age and are authorized to enter into this Agreement and to perform the obligations set forth hereunder.
30. Notices. Except as otherwise set forth herein, any notice, demand, request, consent, approval, or Equipment delivery that either party desires to give or is required to give to the other party hereunder shall be in writing and shall be served personally, delivered by messenger or by reputable overnight courier such as Federal Express or UPS, or by USPS Priority Mail and shall be addressed to the other party at the address set forth below.
If to Customer:
The Customer’s address for notices set forth during the ordering process on the Geoangel Portal
If to Geoangel:
11590 North Meridian Street, Suite 650
Carmel, Indiana 46032
Attn: Legal Department
31. This is Our Entire Agreement. This Agreement (together the order placed on the Geoangel Portal) contains the entire agreement between you and us concerning the subject matters of 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 Agreement.
32. Modifications. We may modify this Agreement from time-to-time by providing you reasonable written notice of such modifications. If you do not agree to such modifications, you may stop using the Equipment and Monitoring Services following written notice to us and this Agreement shall terminate immediately, except for the surviving sections as provided in Section 1 above. If you continue to use the Equipment and Monitoring Services after we notify you of a modification, you will be deemed to have accepted such modifications and this Agreement shall continue in accordance with Section 1 above.