Terms and Conditions:
Welcome to GreatCall, Inc.’s 5Star Service (“5Star”). By subscribing to 5Star, you accept, without limitation or qualification,
these terms and conditions of use. We may change these terms and conditions from time to time with or without notice,
and you agree to be bound by any such changes. Please read this agreement and keep a copy of it in a safe place.
1.
How your 5Star Service Works.
5Star service is only available in the United States. 5Star IS NOT A SUBSTITUTE FOR
911. The service will only work if your account is current on payment and if your device is charged, turned on, has network
access, and the 5Star service is enabled. 5Star service may not be available in remote or enclosed areas. You agree that
once you enroll in 5Star service, we will be able to track your approximate location whenever your device is turned on and
that we can provide this information to third party service providers in case of an emergency or service incident. However,
you acknowledge that we cannot guarantee that we can track your exact location and in some cases, we may only be able
to provide the information provided in your personal profile. We will only use your location information for providing 5Star
service.
2.
Your Use.
You promise to use 5Star services only for actual emergencies and assistance needs. You promise not to
use the 5Star service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of
services to our other customers. If you do any of these things, you agree you will be responsible for any amount anyone
else claims from us, plus any expenses, resulting in whole or in part from your actions. You are solely responsible for
maintaining the content and accuracy of your personal profile with 5Star.
3.
Your Responsibility to Pay for 5Star Service
. You are responsible to pay for your 5Star service on time and (unless the
law provides otherwise) in full. You are also responsible for directly paying all charges for services provided to you by others
(such as emergency service providers).
4.
Your Responsibility to Tell us Right Away About Disputed Charges.
If you object to any fees or charges for services, you
must tell us in writing within 60 days after the fee or charge is incurred, (unless the law does not allow a limit or the law
requires a longer period), or you are waiving the dispute.
5.
Your Responsibility to Pay for Taxes and Government Fees.
You promise to pay all federal, state and local taxes, and
other fees and service charges that we are required by law to collect and remit to the government on the Services we
provide to you. These charges may change from time to time without advance notice.
6.
Your Responsibility for Others Who Use Your 5Star Service.
You are solely responsible for any use of the 5Star service
associated with your device, even if you are not the one using it, and even if you later claim the use was not authorized.
You are also solely responsible for the services requested by you, or by anyone using the service through 5Star on your
behalf. You agree that our agent may share your information with any authorized person calling the service on your behalf.
7.
Ending Your 5Star Service.
You can cancel your 5Star service at any time. All you have to do is call us and tell us you want
to cancel service. We will cancel the service immediately and you will not be charged for any future months.
8.
Reactivating or Changing Your 5Star Service.
We will only accept requests from you (or from someone we believe is your
authorized agent) to activate, cancel, or reactivate your 5Star service. If we do any of these things, you agree to pay any
charges associated with these requests. We will attempt to retrieve your previously stored personal emergency profile if
you reactivate your 5Star service, but we cannot guarantee our ability to retrieve it.
9.
Usage Limits.
We may place usage limits for any 5Star service. If we place usage limits for a 5Star service, and you then
use such service more than allowed by the limit amount, we will charge you at our then current rates for your usage in
excess of the limit amount. You agree that we may use any credit or debit card or other payment account of yours that we
have on file for payment of such charges.
10.
Connection to Other Service Providers
. Our agents may link, conference or transfer you to other service providers such
as the police, fire department, ambulance service, or towing service. We’ll use reasonable efforts to contact appropriate
service providers for help when you ask for it, but we can’t promise that any service providers will respond in a timely
manner or at all. Furthermore, we can’t promise we will provide the best service provider or guarantee any level of service
from such service provider. The laws in some places require an emergency situation to be confirmed before emergency
service providers will provide service. We will not contact emergency service providers in these locations in response to
your call if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We will attempt to
have an agent contact you after you have completed a 911 call to make sure that you do not need additional assistance
but cannot guarantee this service in all cases.
11.
About the Software.
5Star service requires software on your device that we may need or want to change from time to
time. We may do this remotely without notifying you first. If we can’t change the software on your device
12.
Our Right to Terminate or Suspend Your 5Star Service
. We may terminate your 5Star service without cause, in which
case we will give you notice 30 days prior to the effective date of termination after which your account will be deactivated
and your service will terminate. This means that we can decide to cease providing the 5Star service to you at any time and
for any reason, even for reasons unrelated to you or your account with us. In such a case, we will refund any amounts you
have paid in advance. Also, we may terminate your service without prior notice to you for any good cause. This means,
for example, we can terminate your service immediately if you breach any part of this agreement, don’t pay amounts that
are due to us, interfere with our efforts to provide service, interfere with our business, or if your 5Star service or wireless
phone number is used for illegal or improper purposes. You don’t have any right to have 5Star service reactivated, even
if you cure any of these problems. Whether to allow you to have service again will be entirely up to us. We can suspend
your 5Star service for any reason we could terminate it. We can also suspend it for network or system maintenance or
improvement, or if there’s network congestion, or if we suspect your service is being used for any purpose that would allow
us to terminate it.
13.
Your Privacy.
Some of our key privacy practices are outlined in this section. For a complete description of our privacy
practices, please refer to our Privacy Statement. We may update our Privacy Statement from time to time and the updates
are available at www.greatcall.com, or you can contact us to request a copy. We may collect information about you in
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