Terms

STANDARD PERSONAL EMERGENCY RESPONSE LEASE AGREEMENT

 

Agreement dated _____________, by and between COMPORIUM, INC. and its subsidiaries (hereinafter referred to as “COMPORIUM” or “ALARM COMPANY”) and

_____________, (hereinafter referred to as “Subscriber”)

The parties hereto agree that:

1.       PERSONAL EMERGENCY RESPONSE SYSTEM IS LEASED AND REMAINS PERSONAL PROPERTY OF COMPORIUM:

COMPORIUM shall lease, instruct the Subscriber in the proper use of the Personal Emergency Response System (hereinafter referred to as PERS System), install or provide self installation instructions for the Subscriber, located at:

__________________________________________________________________

                                                                                                                                              a PERS System, including all necessary devices and equip- ment, for the duration of this agreement, with the understanding that the entire system is and shall always remain the sole personal property of COMPORIUM and shall not be considered a fixture or a part of the realty, or an addition to, alternation, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by COMPORIUM. The PERS System may be in the form of a software program also known as an “APP” and or a hardware device.

2.      SCHEDULE OF EQUIPMENT/SERVICES:

  • Check here if Service Includes GPS Monitoring (Not available with base unit with transmitter):

INSTALLATION:              

❑ COMPORIUM to install PERS System                                        

❑ PERS System to be installed by Subscriber

COMMUNICIATION PATHWAY:  

❑ Standard Telephone Lines    

❑Cellular    

❑ High Speed Internet                                   

EQUIPMENT:    

❑ Base Unit with Transmitter      

❑Pendant                                                                        

❑ Watch                                      

❑ Emergency Button

  • APP on Customer Provided Internet Connected Device (Smart phone) Agreed Value of Equipment furnished by COMPORIUM: $
  1. CANCELLATION AND REFUND POLICY: If Subscriber cancels this agreement pursuant to any statutory authority COMPORIUM will, within 10 days, or within such time as such statute specifi upon such cancellation and return of the equipment if provided by COMPORIUM, and or the removal of any provided software, refund to Subscriber any amount paid for the equip- ment and any advance payment for services not yet
  2. LEASE, MONITORING, AND SERVICE CHARGES: Subscriber agrees to pay COMPORIUM:

The sum of $___________ per month, payable in advance for the lease and monitoring service of the PERS System for the term of this agreement commencing on activation of service, and continuing monthly thereafter.

  1. TERM OF AGREEMENT/RENEWALS: The term of this agreement shall be month to This agreement shall renew month to month under the same terms and conditions unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term.
  2. INCREASES OF MONTHLY CHARGE: COMPORIUM shall be permitted to increase the charges provided for herein at any time or times after the expiration of one year from the date hereof by up to nine percent per annum each year upon giving notice to Subscriber and Subscriber agrees to pay such
  3. TERMINATION IN THE EVENT OF DEATH OR FAILURE TO PAY MONTHLY FEE: This agreement shall terminate upon Subscriber’s death or 21 days after Subscriber has failed to make a timely Upon such termination, Subscriber shall return all COMPORIUM equipment by Subscriber’s representative at Subscriber’s expense to: (i) any Comporium retail store; or (ii) by UPS or US Postal Service, signature required, delivered to COMPORIUM. COMPORIUM shall terminate all services upon death of Subscriber.
  4. WIRELESS CAPABILITIES / EXCESSIVE DATA USAGE: PERS System may communicate by wireless cellular or radio transmissions. COMPORIUM does not provide wireless access or communication pathways, computer, smart phone or electric current connection. COMPORIUM is not responsible for Subscriber’s access to the cellular or radio service or any interruption of service or down time caused by loss of cellular, radio or any other mode of COMPORIUM is not responsible for the security or privacy of any wireless network system. Subscriber acknowledges that COMPORIUM provides no response to a PERS System signal except notifi  to the appropriate party, and that the provisions of this agreement exculpating and limiting COMPORIUM’s liability are fully applicable to the PERS System service. COMPORIUM may, without prior notice, suspend or terminate its services in event of Subscriber’s default in performance of this agreement or in the event COMPORIUM’s designated central station facility or communication network is nonoperational or Subscriber’s system is sending excessive communication. COMPORIUM’s designated central station is authorized to record all images, video, and audio conversations and shall own such recordings and any electronic data regarding Subscriber’s services. COMPORIUM is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. COMPORIUM shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein. Elec- tronic data may not be encrypted and wireless components of the PERS System may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology and COMPORIUM shall have no liability for access to the PERS System by others.
  5. a. SELF-INSTALLATION: COMPORIUM will provide telephone assistance and Knowledge Base to Subscriber to assist Subscriber with the installation of COMPORIUM’s device or Software COMPORIUM has no liability for the installation.
  6. PRO-INSTALL: At Subscriber’s request, COMPORIUM will install the device for a one-time charge of $ . The installation will occur at a mutually agreeable scheduled time within seven (7) business day of Subscriber’s order being placed.
  7. INSTALLATION & DELAY IN INSTALLATION: COMPORIUM shall not be liable for any damage or loss sustained by Subscriber as a result of equipment, equipment failure, or for interruption of service due to electric failure, transmission failure, software failure, cellular carrier failure, acts of God, or other causes, including COMPORIUM’s negligence in the performance of this agreement, and Subscriber shall not be relieved from payments due under this agreement for such
  8. TESTING AND SERVICE OF PERS: The parties hereto agree that if COMPORIUM has supplied a hardware device the equipment, once delivered, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to install and test the operation of the PERS System and to notify COMPORIUM if it is in need of repair or replacemen During the warranty period COMPORIUM shall service or replace the equipment if returned by the Subscriber to COMPORIUM at COMPORIUM’s address. If COMPORIUM fails to repair or replace the PERS System within 14 days after receipt of said written notice, Subscriber shall not be obligated to pay any amount for service from date said written notice is given, until the PERS System is restored to working order unless COMPORIUM determines that the equipment is operational and the system failure was due to electrical, telephone, or communication service at Subscriber’s premises, in which event Subscriber shall pay COMPORIUM’s then current service call charge. Comporium’s current service call charge is $ . Subscriber is responsible for installing and activating the PERS System and insuring that the PERS System communicates with the designated central station and that the PERS System remains operational so that upon activation signals are communicated to the designated central station.                                                                                                               

COMPORIUM:


BY:                                                                                      

Authorized Representative’s Signature

_________________________________

Print Authorized Representative’s Name

_________________________________ 

Billing Address:                                                                 

_________________________________ 

Call List:                                                                            

_________________________________

_________________________________

_________________________________

Caretaker Button:  

_________________________________                                                            

Directions:                   

_________________________________        

 

(For Residential Customers Only) NOTICE OF CANCELLATION

 

  1. YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION WITH OR WITHOUT CAUSE AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS
  2. ON AND AFTER MIDNIGHT OF SUCH THIRD DAY, YOU, THE SUBSCRIBER, MAY CANCEL YOUR AGREEMENT WITH COMPORIUM FOR YOU TO RECEIVE PERSONAL EMERGENCY RESPONSE SERVICE MORE THAN 30 DAYSAFTER YOUR NOTIFYING COMPORIUM IN WRITING OF YOUR CANCELLING SUCH AGREEMENT, PROVIDED THAT YOU HAVE LEGALLY OBLIGATED YOURSELF TO BEGIN LIVING IN A NURSING HOME OR OTHER HEALTH-RELATED FACILITY WITHIN SUCH 30-DAY PERIOD FOR WHAT IS EXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY FOR AT LEAST 2 MONTHS, OR THAT YOU HAVE ALREADY BEGUN LIVING THEREIN EXPECTING YOUR STAY TO BE PERMANENT OR FOR AT LEAST 2 MONTHS, AND PROVIDED THAT THESE FACTS ARE VERIFIED BY YOUR DOCTOR OR BY THE NURSING HOME OR OTHER HEALTH-RELATED FAC SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THESE RIGHTS.

 

SUBSCRIBER:                                                                                                                                  

Signature (Name must be printed below)

_________________________________

Print Name

_________________________________

Email:                                                                                  

_________________________________

Tel. #:       

_________________________________ 

Notice of Cancellation form to be attached in triplicate and completed by COMPORIUM at time of execution.


PERSONAL EMERGENCY RESPONSE: CALL LIST/PRIMARY RESPONSE DIRECTIVE

  1. PRIMARY RESPONDER DISCLOSURE: Subscriber understands that a (1) 911 center, (2) public safety answering point, or (3) communications center, (Collectively referred to herein as “PUBLIC RESPONDERS”), may be designated as the primary responder. Subscriber assumes all liability should one of these three not be selected as the Primary responder.
  2. Upon COMPORIUM (hereinafter referred to as “COMPORIUM” or “ALARM COMPANY”) receiving an emergency alarm from the Subscriber’s system, Subscriber hereby directs COMPORIUM to contact these responders in this specifi order:
  3. Upon COMPORIUM receiving an emergency alarm from the Subscriber, Subscriber  ❑ DOES   ❑ DOES NOT direct COMPORIUM to attempt to contact Subscriber first before contacting any
  4. Subscriber agrees that should any PUBLIC RESPONDER not be designated as the primary responder, then the Subscriber’s PUBLIC RESPONDERS shall become the default secondary responder after the personal emergency response provider has attempted, without success, to notify all other responders designated by Subscriber.
  5. Should COMPORIUM receive a customer’s alarm and is not able to solicit a verbal response from the Subscriber, Subscriber ❑ DOES ❑ DOES NOT wish to have a PUBLIC RESPONDER contacted before COMPORIUM contacts the customer’s responders as specifi  designated
  6. COMPORIUM hereby agrees to provide PUBLIC RESPONDERS, if designated as a responder by the Subscriber, the name of the customer, the location from which the customer’s alarm was received, and any other information as may be requested.
  7. Following any notification to the PUBLIC RESPONDER, COMPORIUM shall attempt to notify the rest of the Subscriber’s responders list in the order provided by Unless otherwise provided in the list COMPORIUM will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with COMPORIUM’s notification obligation. Subscriber may provide COMPORIUM with a set of directives for voice to voice contact with the responders. For nonpublic responder numbers Subscriber represents that all call numbers are accurate and Subscriber has been authorized by the owners of such numbers to provide such numbers to be called in accordance with Subscriber’s alarm services.

SUBSCRIBER MAY SELECT ANY INDIVIDUAL HE OR SHE DESIGNATES, OR ANY PUBLIC RESPONDER IN THE JURISDICTION FROM WHICH ALARM IS RECEIVED.

 

                                                                                                                                           

Date       

_________________________________

                                                                                                                                         

Subscriber’s Signature

_________________________________

 


 

  1. GPS MONITORING / MOBILE TRACKING: If GPS tracking is included in COMPORIUM’s services, Subscriber will download the COMPORIUM’s App to Subscriber’s GPS enabled cellular device which software enables COMPORIUM to monitor the location of Subscriber’s cellular device via the cellular network for the duration of this agreemen COMPORIUM is licensed to monitor the APP by the APP Manufacturer.

Mobile Tracking is designed to track individuals who will have on their person the Mobile Tracking Device or Internet connected device with software tracking APP The device will work only within the 50 United States, in areas where mobile tracking has coverage and COMPORIUM has no control over such coverage. Mobile Device or APP may not be able to be tracked with exact precision, only ground level locations can be determined, and COMPORIUM cannot determine locations within a building or any structure. COMPORIUM will have no liability for inability to report exact location at any particular time, but COMPORIUM will use its best efforts to report all available tracking information. COMPORIUM is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. Subscriber is responsible for all permits and permit fees that may be required, agrees   to file for and maintain any permits required by applicable law and indemnify or reimburse COMPORIUM for any fines relating to permits or the services to be provided. COMPORIUM shall monitor Tracking signals and communications received from the tracking device, or software APP. Upon Subscriber’s activation of the device or Software APP COMPORIUM shall make every reasonable effort to locate the tracking device and if appropriate notify the police, fire, medical EMT, or other municipal authority deemed appropriate in COMPORIUM’s absolute discretion, and such other persons Subscriber has requested receive notifi                                                                           of such location on Subscriber’s Call List. Subscriber agrees to furnish COMPORIUM with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of emergency conditions together with a list of all medication, allergies and medical conditions Subscriber   wishes to be available to all PERS personnel and medical personnel. All notifications by COMPORIUM or its designated communication center shall be by telephonic communication and COMPORIUM or its designated communication center shall be deemed to satisfy its monitoring response service by reaching the first agency or person designated on the Call List. Unless otherwise provided in the Call List COMPORIUM will make a reasonable effort to contact a person listed on the call list. A person on the list shall be deemed reached when contacted either via telephone call, text, email message, or voice mail. No more than one call to the list shall be required and any form of notifi          provided for herein, including leaving a voice message, shall be deemed reasonable compliance with COMPORIUM’s notifi                          obligation.

  1. PERS SYSTEM CENTRAL STATION MONITORING: Upon receipt of a signal, COMPORIUM or its designated central station, shall make every reasonable effort to notify the appropri- ate municipal police, fire, medical, EMT, emergency personal response service or person designated by Subscriber in Subscriber’s Call List to receive Subscriber acknowledges that signals which are transmitted over cellular networks, telephone lines, internet, VOIP, or other modes of communication pass through communication networks beyond the control of COMPORIUM and are not maintained by COMPORIUM, except COMPORIUM may own the radio network, and therefore COMPORIUM shall not be responsible for any equipment failure which prevents transmission signals from reaching the central station monitoring center or damages arising as a result thereof, or for data corruption, theft or viruses to Subscriber’s computers if connected to the PERS System communication equipment. Subscriber acknowledges that COMPORIUM provides no response to a PERS System signal except notification to the appropriate party, and that the provisions of this agreement exculpating and limiting COMPORIUM’s liability are fully applicable to the PERS System service.
  2. TELEPHONE SERVICE IS NECESSARY AND SUBSCRIBER’S RESPONSIBILITY: If COMPORIUM has provided hardware which is installed in Subscriber’s premises in a fixed location and designed to communicate by telephone or high speed Internet VoIP, Subscriber agrees that it is Subscriber’s responsibility to provide appropriate communication COM- PORIUM has no control over these pathways and no responsibility for communication failure. Subscriber agrees not to tamper with or otherwise interfere with the PERS System. Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of damage caused by misuse, negligent care, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by COMPORIUM without additional charge. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. COMPORIUM’s obligation to repair or replace any device does not extend past COMPORIUM’s warranty for the device. COMPORIUM has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the APP not to operate or perform as designed. COMPORIUM’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. COMPORIUM is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to COMPORIUM as soon as practical.
  3. SUBSCRIBER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power and electrical outlets and receptacles, telephone hook-ups, and or high speed Internet, as deemed necessary by COMPORIUM or PERS System equipment manufacturer.
  4. ASSIGNMENT / WAIVER OF SUBROGATION RIGHTS: Subscriber shall not be permitted to assign this agreement without written consent of COMPORIUM. Any such assignment without prior approval shall be deemed a breach of this agreemen COMPORIUM shall have the right to assign this agreement and shall be relieved of any obligations created herein upon such assignment. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against COMPORIUM or COMPORIUM ‘s subcontractors arising out of this agreement, the relation of the parties, or extra contractual duty.
  5. INDEMNITY: Subscriber agrees to and shall indemnify and hold harmless COMPORIUM, its employees, agents and subcontractors, from and against all claims, lawsuits, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by COMPORIUM’s performance, negligent performance or failure to perform its obligations under this agreemen Parties agree that there are no third party benefi  of this agreement.
  6. TERMINATION OF AGREEMENT AND SERVICES: Upon termination of this agreement COMPORIUM shall be permitted to discontinue all monitoring service. Subscriber agrees to pay the monthly fee, or the prorated amount of the monthly fee, as applicable, for the month in which this Agreement
  7. LEGAL ACTION: In the event of termination of this Lease, for any reason, it is Subscriber’s obligation to return any equipment furnished by COMPORIUM within 15 days of termination date (see Section 7 above for your return options), and if the equipment is not delivered COMPORIUM may deem same sold to Subscriber for the Agreed Value. The parties waive trial by jury in any action between them unless prohibited by law. In any action commenced by COMPORIUM against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. Any action by Subscriber against COMPORIUM must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against COMPORIUM must be based on the provisions of this agreemen Any other action that Subscriber may have or bring against COMPORIUM in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and this consent to arbitrate shall survive the termination of this agreement. Subscriber agrees that Subscriber will not commence or participate in any class action against COMPORIUM and agrees that any dispute between COMPORIUM and Subscriber shall be maintained exclusively in an action, proceeding or arbitration between them. If COMPORIUM prevails in any litigation or arbitration between the parties, Subscriber shall pay COMPORIUM’s legal fees. Subject to Subscriber’s right to bring any claim against COMPORIUM for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its arbitration rules www.ArbitrationServicesInc.com, except that no punitive damages may be awarded. This agreement contains a binding arbitration provision which may be enforced by the parties. Service of process or papers in any legal proceeding or arbitration between the parties may be made by first-class mail delivered by the U.S. postal service addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service. RESIDENTIAL SUBSCRIBERS: This agreement shall be governed by the laws of the State of South Carolina and all actions and proceedings commenced exclusively in the County where the PERS System was delivered. COMMERCIAL SUBSCRIBERS: Subscriber submits to the jurisdiction and laws of South Carolina and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where COMPORIUM’s principal place of business is located.
  8. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to COMPORIUM any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon COMPORIUM because of this Should COMPORIUM be required by existing or here after enacted law to perform any service or furnish any material not specifi  covered by the terms of this agreement Subscriber agrees to pay COMPORIUM for such service or material.
  9. FALSE ALARMS/PERMIT FEES: Subscriber is responsible for all permits and permit fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse COMPORIUM for any fines relating to permits or false COMPORIUM shall have no liability for permit fees, false alarms, false alarm fines, police, medical EMT or fire response, any damage to personal or real property or personal injury caused by EMT, police, fire department or any other responders response to emergency conditions, whether false alarm or otherwise, or the refusal of the police, medical, EMT, or fi  department to respond. In the event of termination of police medical, fi    or EMT response service this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should COMPORIUM be required by existing or hereafter enacted law to perform any service or furnish any material not specifi covered by the terms of this agreement Subscriber agrees to pay COMPORIUM for such service or material. COMPORIUM shall have no liability for police, fi medical or EMT non- response, response, or any damage to person or property in connection with any emergency condition reported by COMPORIUM or its designated central station in response to a signal received from Subscriber’s PERS.
  10. COMPORIUM’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that COMPORIUM is authorized and permitted to subcontract any services to be provided by COMPORIUM to third parties who may be independent of COMPORIUM and that COMPORIUM shall not be liable for any loss, damage or injury sustained by Subscriber by reason of any other cause whatsoever caused by the negligence of third parties, except that COMPORIUM shall not obligate Subscriber to make any payments to such third Subscriber appoints COMPORIUM to act as Subscriber’s agent with respect to such third parties Subscriber acknowledges that this agreement, and particularly those paragraphs relating to COMPORIUM’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and central offices of COMPORIUM.
  11. NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER’S EXCLUSIVE REMEDY: COMPORIUM does not represent nor warrant that the PERS System will prevent any loss, damage or injury, or that the PERS System will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that COMPORIUM is not an insurer, and that Subscriber assumes all risk for loss or injury to Subscriber’s property or COMPORIUM has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber’s exclusive remedy for COMPORIUM’s default hereunder is to require COMPORIUM to repair or replace, at COMPORIUM’s option, any equipment or part of the PERS System which is non-operational. Except for services provided pursuant to this agreement, Subscriber agrees to look to manufacturer’s warranty for any equipment warranty. COMPORIUM has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, or other software programs that might conflict with or cause the COMPORIUM APP not to operate or perform as designed. COMPORIUM’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. COMPORIUM is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to COMPORIUM as soon as practical.
  12. EXCULPATORY CLAUSE: COMPORIUM and Subscriber agree that COMPORIUM is not an insurer and no insurance coverage is offered herein. Subscriber’s payments to COMPORIUM are for the monitoring of a PERS The PERS System and COMPORIUM’s services are designed to reduce certain risks of loss, though COMPORIUM does not guarantee that no loss will occur. COMPORIUM is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of any cause whatsoever, regardless of whether such loss or damage was caused by or contributed to by COMPORIUM’s negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber releases COMPORIUM from any claims for contribution, indemnity or subrogation.
  13. LIMITATION OF LIABILITY: The parties agree that the PERS System is not designed or guaranteed to prevent any loss or injury. Subscriber agrees that should there arise any liability on the part of COMPORIUM as a result of COMPORIUM’s negligent performance to any degree or negligent failure to perform any of COMPORIUM’s obligations pursuant to this agreement or any other legal duty, equipment failure, or strict products liability, that COMPORIUM’s liability shall be limited to the sum of $250.00 or 6 times the aggregate of monthly payments for services being provided at time of loss, whichever is greater. If Subscriber wishes to increase COMPORIUM’s amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with COMPORIUM’s increased liability. This shall not be construed as insurance
  14. NOTE ABOUT EXTRA DEVICES: Extra devices for remote activation of the PERS System which are ordered after this agreement is executed or not included in the description of equipment will be deemed part of the equipment described in this agreement and governed as if part of the system and equipment sold pursuant to this
  15. MODIFICATION OF CALL LIST: The Subscriber may change the Call List in writing provided to and acknowledged by COMPORIUM. Updating the Call List is Subscriber’s sole
  16. PERSONAL MEDICAL DISCLOSURE AUTHORIZATION: Any medical or other personal information provided by Subscriber to COMPORIUM may be disclosed by COMPORIUM to any police, fi  EMT personnel or medical personnel, or anyone on Subscriber’s Call List requesting
  17. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes COMPORIUM to obtain a consumer credit Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to COMPORIUM to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.
  18. CONFLICTING DOCUMENTS: Should there arise any conflict between this agreement and Subscriber’s purchase order or other document, this agreement will govern, whether such purchase order or document is prior to or subsequent to this
  19. FULL AGREEMENT/SEVERABILITY: This agreement constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except COMPORIUM’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.