Care@Home™
System Terms of Use
36
Care@Home™ Smoke Detector User Guide
PARTIES (OTHER THAN THE SERVICE PROVIDER) REVIEW THE VIDEO SEGMENTS, WITHOUT YOUR PRIOR CONSENT, EXCLUDING DISCLOSURE THAT IS
REQUIRED BY LAW, REGULATION OR ORDER OF A COMPETENT AUTHORITY.
YOU EXPLICITLY ACKNOWLEDGE THAT THE SYSTEM IS NOT A MEDICAL OR LIFE SAVING DEVICE, SYSTEM; DOES NOT PROVIDE ANY MEDICAL, LIFE
SAVING OR OTHERWISE PREEMPTIVE MEASURE AGAINST INJURY OR OTHERWISE BODILY HARM OR DEATH; NOR ASSUME IN ANY WAY TO REPLACE OR
BE IN LIEU OF ANY SUCH. COMPANY’S WARRANTIES UNDER THIS TERMS IF USE (ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
WRITTEN OR ORAL, EXPRESS IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR WILL MEET YOUR SPECIFIC REQUIREMENTS. COMPANY DOES NOT REPRESENT THAT THE SYSTEM IS ERROR FREE OR
OPERATES WITHOUT INTERRUPTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT THE SYSTEM WILL
SUCCESSFULLY PROVIDE NOTICES TO YOUR SERVICE PROVIDER, NOR THAT THE SYSTEM WILL SUCCESFULLY TRIGGER NOTICES OR OTHERWISE WILL
CONFORM OR OPERATE, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED
AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.
IN ADDITION TO AND WITHOUT DEROGATING FROM ANY AND ALL OTHER LIMITATION OF LIABILITY PROVISIONS HEREIN, IN NO EVENT SHALL THE
COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, COLLATEROL, SPECIAL, THIRD PARTY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES
OR LOSSES OF ANY KIND. EXCLUDED DAMAGES OR LOSSES INCLUDE, BUT ARE NOT LIMITED TO, BODILY INJURY AND/OR DEATH, COST OF REMOVAL
OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LABOR COSTS, LOSS OF GOODWILL, LOSS OF
PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING OUT OF SOFTWARE OR
PRODUCTS THAT WERE FAULTY OR WERE MANUFACTURED NEGLIGENTLY; AND ALSO ARISING OUT OF THE USE OF THE SYSTEM, OR OTHERWISE
ARISING OUT OF, OR IN CONNECTION WITH, THIS TERMS OF USE, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Please note that the Company System does not include any other components other than such are specified in System definition. Therefore and for sake
of clarity:
(1) Company is not responsible for your ability to use the System including without limitation, access to the cellular service or any interruption of service
or down time caused by loss of cellular or any other mode of communication. Company is not responsible for the security or privacy of any wireless
network system.
(2) The system requires voice and data connection (via cellular network) and electric power supply which shall not be provided by the Company. As long
as the Service Provider makes payments to Company for remote access for your use of the System as well as to the System, Company will authorize your
access. Company is not responsible for your access to the Internet or any interruption of service or down time of remote access caused by loss of Internet
service, or cellular used by you for the System and the access of the System. You acknowledge that the System can be non-functional or compromised if
the Internet codes or devices used for access are lost or accessed by others and Company shall have no liability for such third party unauthorized access.
(3) The System will work only in areas where the cellular service has coverage and Company has no control over such coverage. Company is authorized to
record and maintain data, and shall be the exclusive owner of such property. You are responsible for all permits and permit fees, if any, and agree to file
for and maintain any permits required by applicable law and indemnify or reimburse Company for any fines relating to permits. Should the Company be
required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement you
agree to pay Company for such service or material.
(4) You acknowledge that signals which are transmitted over cellular network, internet communication pass through communication networks wholly
beyond the control of Company and are not maintained by Company and Company shall not be responsible for any failure which prevents transmission
signals from reaching you or from the system or damages arising therefrom, or for data corruption.
You agree that Company is the manufacturer of the System and provides no installation, services or monitoring of the System and makes no
recommendation regarding those who do provide such services, all of whom are not affiliated with Company. Who you decide to obtain the System from,
install and or monitor the System, is entirely your decision.
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EXCULPATORY AND LIMITATION OF LIABILITY
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You agree that Company is not an insurer, that the System is designed to reduce certain risks, though Company does not guarantee that its System will
enable communication to reach or cause response by an appropriate party including the Service Provider. You agree that Company is not assuming
liability, and, THE SOLE EXCLUSIVE REMEDIES, SERVICE OR SOLUTIONS, IF ANY ARE AND WILL BE AS PROVIDED TO YOU BY THE SERVICE PROVIDER.
ACCEPTANCE OF Terms of Use: By use of the System you agree to the terms of this Terms of Use.
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ADDENDUM A – PRIVACY POLICY
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Company is providing this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we
receive when you do either of the following:
All terms shall have the same meaning as defined in the Terms and Conditions to which this Addendum A is part hereof.
By using the System you fully understand and unambiguously consent to the collection and processing of such information and to the terms of this Privacy
Policy. If you do not agree to the terms of this Privacy Policy, you must not use the System.
This Privacy Policy may be amended or updated from time to time. If we make any material changes to this Privacy Policy, Service Provider shall update you
of these changes. Our website will reflect changes in the Privacy Policy as well and you are advised to consult this Privacy Policy regularly for any changes.
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Information Collection
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Personally Identifiable Information
