Mobile Defender User Guide
Page 15
Your Monthly Bill
We will provide you with a monthly bill via email, which will provide you notice of any usage and transaction specific charges. This bill may also include other important
notices such as changes to this Agreement, to your Service, legal notices, etc.. You are responsible for providing a valid email address for communication. You agree to
assume all responsibility for payment and accept the monthly bill as a method for notifying you of important notices.
Upon your request, we will send a paper bill to the billing address that you have provided to Evolution Wireless
Payment; Late Payment Fee
You agree that for if you do not remit payment on time or if you pay less than the full amount due, Evolution Wireless reserves the right to charge a late fee of $5.00 for each
month that payment is not received or interest on the unpaid amount of 2 % per month. Evolution Wireless also reserve the right to refer your account(s) to another party
for collection, and to impose the maximum amount permitted by applicable law.
You agree that Evolution Wireless may contact you to collect unpaid past due charges using any mailing address, telephone number, wireless number, or any e-mail address,
that you have provided, or may in the future provide, to Evolution Wireless. You agree that in addition to individual persons attempting to communicate directly with you,
any type of contact described above may be made using pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail
messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts
that we deem appropriate.
Billing Disputes
If you have any charges to dispute, you must call customer service within 60 days of the date of the bill or you’ll have waived your right to dispute the bill and to participate
in any legal action raising such dispute.
Limited Liability:
IT WILL BE EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES THAT MAY RESULT FROM OUR FAILURE TO PERFORM OUR DUTIES
UNDER THIS AGREEMENT. IF YOU INCUR ANY LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM ANY
OF THE SERVICES OR FROM THE DEVICE PROVIDED YOU UNDER THIS AGREEMENT, OR IF IT IS DETERMINED THAT WE OR ANY OF OUR AGENTS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY OR OTHER
CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE TOTAL MONTHLY SERVICE CHARGES THAT YOU HAVE PAID TO US UNDER
THIS AGREEMENT. THESE AGREED UPON DAMAGES ARE NOT A PENALTY; RATHER, THEY ARE YOUR SOLE REMEDY FOR ANY LOSS, DAMAGE,
INJURY OR OTHER CONSEQUENCE, EVEN IF CAUSED BY OUR NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT
LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT, IF A CALL IS PLACED, THAT RESPONDERS
WILL BE SUMMONED OR THAT YOU WILL BE FOUND. EVOLUTION WIRELESS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY PRODUCTS, AND IN NO EVENT
SHALL EVOLUTION WIRELESS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
(a) act or omission of a third party, whether a Third Party Service Provider or other third party;
(b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services provided by or through us;
(c) damage or injury caused by the use of the Products;
(d) claims against you by third parties, whether a Third Party Service Provider or other third party;
(e) damage or injury caused by a suspension or termination of the Products by Evolution Wireless; or
(f) damage or injury caused by failure or delay in contacting any emergency service or Caregiver and/or Contacts or sending text or email notifications
to same.
Unless prohibited by law, Evolution Wireless is not liable for any indirect, special, punitive, incidental or consequential losses or damages that you or
any third party may suffer by use of, or inability to use the Products provided by or through Evolution Wireless, including loss of business or goodwill,
revenue or profits, or claims of personal injuries or death.
For added clarity, Evolution Wireless is not responsible for any losses, financial or
otherwise, of any Commercial Clients using the Products for their own business and customer needs.
To the full extent allowed by law, you hereby release, indemnify, and hold Evolution Wireless and its officers, directors, employees and agents 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,
service provided by Evolution Wireless or any person’s use thereof (including, but not limited to, personal injury), INCLUDING CLAIMS ARISING IN
WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF Evolution Wireless, or any violation by you of this Agreement. This obligation shall survive
termination of your use of the Products with Evolution Wireless. Evolution Wireless is not liable to you for changes in operation, equipment, or
technology that cause your Products to be rendered obsolete or require modification.
Evolution Wireless is not responsible for damages, and disclaims any warranties, express or implied, including but not limited to claims relating to
GPS, water resistance, battery, coverage of wireless service, or issues related to emergency services dispatch, or any alerts sent via texts or emails to
your caregiver or other contacts. In particular, Evolution Wireless does not manufacture the Device provided to you and thus provides no warranties,
whether express or implied, regarding your Device.
Limited Product Warranty:
For the purchasers and users of Caretrak Mobile Defender, the limited product warranty is as follows:
Evolution Wireless Inc. warrants the Device against defects in materials and workmanship for a period of ONE (1) YEAR from the customer activation
