several different ways: from information you provide to us, from your use of the 5Star service, from calls or emails between
us, from location based services, and from third party data providers. We will collect information about your location on
a periodic or regular basis. The information we may get about you includes your contact and billing information (including
your credit card number), registration information, your physical locations, and information that helps us customize our
services (including your medical condition and medications). You agree that we can, subject to applicable law, use this
information to provide 5Star location based services, manage your account, conduct analysis and research, comply with
legal requirements, prevent fraud or misuse of the 5Star service, and protect our rights or property or the safety of you or
others.
14.
Your Interactions with 5Star Agents.
We may record and monitor conversations between you and our agents,
emergency service providers, the police, or other third parties. Please note that our agents may also remain on the line if
they conference in a third party to assist in completing a service request. Please understand that 5Star is not required to
release any audio or physical records that are created as part of the 5Star service without a subpoena (unless otherwise
required by law). We will do our best to accommodate you if English is not your first language and you require translation
services, but we cannot guarantee the availability or competence of a third party translator.
15
. Warranty.
We make no representation or warranty, either expressly or tacitly, for the completeness or correctness of
the service. The use of the service is at your own risk. We assume no liability for or relating to the delay, failure, interruption
or corruption of any voice, call quality, or data transmitted on a device while using 5Star. While we strive to ensure that the
service is provided without interruption and is accurate and reliable, we make no warranties or representations as to the
accuracy, correctness, reliability or otherwise with respect to the service and we assume no liability or responsibility of any
kind for omissions or errors in the service. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND
FREEDOM FROM COMPUTER VIRUS. Specifically, we and our affiliates make no representations or warranties about the
accuracy, reliability, completeness including errors or omissions, currentness or timeliness of content, software, text,
graphics, links, or communications provided on or through the use of the service.
16.
Limitations of Liability.
You and 5Star are each waiving important rights. Unless forbidden by law in a particular
instance, we each agree as follows: (1) we are not liable for the actions or inactions of any service provider we contact for
you, or for our inability to contact any service provider in any particular situation, (2) we are not liable to you for any injuries
to persons or property arising out of or relating to your use of the 5Star service, (3) our maximum liability to you under any
theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is
limited to an amount equal to the portion of the charges to you for the services relating to the period of service during which
such damages occur, (4) unless otherwise provided in this agreement, your maximum liability to us under any theory
(including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited
to any charges due and owing by you to us, (5) neither you nor we can recover punitive damages, treble, consequential,
indirect, or special damages, or attorney’s fees. You and we agree not to make, and to waive to the fullest extent allowed
by law, any claim for damages other than direct, compensatory damages as limited in this agreement, (6) no one is liable
to you for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by
buildings, hills, tunnels, network congestion, weather, or any other things we do not control, (7) notwithstanding anything
else in this agreement, you agree to excuse any non-performance by us or any service provider caused in whole or in part
by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility
shortage, or other causes beyond the control of us or our service providers, (8) you agree that neither we nor any service
provider who sends you data or information through 5Star is liable for any errors, defects, problems, or mistakes in that
data or information, and (9) you agree that the limitations of liability and indemnities in this agreement will survive even
after the agreement has ended. These limitations of liability apply not only to you, but to anyone using the 5Star service
on your behalf, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers,
or others arising out of or relating to your 5Star service. Some states don’t allow an exclusion or limitation of incidental or
consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
17.
How We Will Resolve Disputes
. If you and we have a disagreement related to 5Star service, we’ll try to resolve it
by talking with each other. If we can’t resolve it that way, we both agree, to the fullest extent permitted by law, to use
confidential arbitration, not lawsuits (except for small claims court cases) to resolve the dispute. Of course, either of us
can always contact a government agency or regulatory authority for help, too. We agree that any controversy or claim
between us will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”) or Better Business
Bureau (“BBB”). You can get rules and fee information from the AAA (www.adr.org) or the BBB (www.bbb.org). There’s
no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must
honor the same limitations in this agreement as a court would. If an applicable statute requires an award of attorney’s
fees, an arbitrator can award them, too.
Any arbitration award made after completion of an arbitration is final and binding and may be confirmed in any court of
competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded
and can’t be used in any other case except to enforce the award itself. If for some reason these arbitration requirements
don’t apply, or a claim proceeds in small claims court, we each waive any trial by jury. We agree that the arbitration,
including the evidence, the argument and the outcome, is confidential between us.
18.
Governing Law.
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and
any disputes arising out of or relating to it will be governed by the laws of the state of Delaware without regard to its conflict
of law principles, and by any applicable tariffs, wherever filed.
19.
Our Relationship With You
. This agreement does not create any fiduciary relationships between you and us. It doesn’t
create any relationship of principal and agent, partnership, or employer and employee, either.
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