Care@Home™
PERS System Terms of Use
Care@Home
™
PERS Control Panel User Guide
37
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.
_
EXCULPATORY AND LIMITATION OF LIABILITY
_
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
_
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
_
Personally Identifiable Information
In the course of using the System, we might ask you to provide us with certain personally identifiable information that can be used to contact or identify you
(“
Personal Information
”).
Personal Information may include, but is not limited to, your name, country of residence
.
Non-Personally Identifiable Information
When you use the System your home and your activities are monitored by the Service Provider.
You hereby acknowledge and approve that, the System collects various types of information regarding your daily activities such as but not limited to: your
whereabouts inside your home, the duration of time you spent in the different sections of your home, the System monitors whether someone is present in the
home and may photograph you or any other third party who enters your home without notice, the System may actively record any sounds or verbal
communications in your home, The system may enable remote voice communication between you and the Service Provider
.
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Third Party Sites
_
You are obligated to notify any third party who enters your home, and if said third party is a child or is under a legal guardian’s responsibility, their legal
guardian, that they may be monitored and/or photographed and/or recorded without their knowledge and prior authorization.
