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Terms of Use
BY ACTIVATING YOUR NUMERA Libris 2 (“Libris 2”), YOU (“User”) AGREE TO THESE TERMS OF USE (“Terms of Use”), WHICH GOVERN YOUR
USE OF NUMERA Libris 2. PLEASE READ THEM AND THE IMPORTANT SAFETY INFORMATION IN THIS USER GUIDE CAREFULLY. Numera
Libris 2 contains software code that is protected by U.S. and international copyright laws. NSC retains ownership to all copyrights. Users
have a limited license to use Libris 2 only in accordance with the Terms of Use in this user guide. Any modification, copying, reverse
engineering, or other use that is not authorized by law, by this license, or by the express written consent of NSC is strictly prohibited.
Unauthorized reproduction or distribution of copyrighted materials in the United States is subject to civil and criminal remedies pursuant to
Title 17 of the United States Code. Libris 2 provides User’s location to your Dealer Service Provider and Monitoring Response team in order
to respond to an event requiring assistance. By activating the Libris 2 product, User agrees to allow Libris 2 to provide the Dealer Service
Provider and Monitoring Center Response team with the User’s location. Similarly, if User subscribes to EverThere® service, by activating
Libris 2, User consents to response team providing location information to those members of the User’s EverThere® network/team. By
activating Libris 2, User consents to the use of their personally identifiable information as described in NSC’s privacy policy and notice,
located at www.numera.com/privacy. Your consent will be valid for the duration of your relationship with Libris 2 unless you revoke it. You
may revoke your consent by contacting your dealer. If you do not consent or you revoke consent, we may be unable to provide you with
assistance during an alert event. NSC reserves the right to revise and update these Terms of Use at any time. User should review these
Terms of Use periodically as your continued use of Libris 2 means you accept such changes and additional terms that may apply.
General Disclaimers
(i) For proper operation, Libris 2 requires adequate cellular coverage. Poor cellular coverage may result in the inability to place a call
and automatically detect a fall. (ii) In an emergency, User should provide the response team with as much information as possible
about their location. (iii) Libris 2 is not a replacement for User’s regular contact with caregivers or access to an alternative means of
placing an emergency call. (iv) While the fall detection system performs well, no such system is 100% reliable. If User experiences a
fall that causes actual or potential injury, do not wait for the automatic call. User should always press the Call Button manually if able.
(v) Libris 2 requires adequate battery charge for proper operation. Low battery may result in the inability to place a call, automatically
detect a fall, and/or properly locate User automatically during an emergency. (vi) Libris 2 utilizes both Global Positioning System (GPS)
and network Location Based Services (LBS) in order to find User’s current location. By activating the Libris 2 product, User agrees to
allow NSC and their affiliates to use this information to provide services to them in the case of an emergency response. (vii) Libris 2
provides User’s location to a response team in order to respond to an event requiring assistance. By activating the Libris 2 product,
User agrees to allow Libris 2 to provide the response team with User’s location. (viii) Libris 2 Lanyards are designed to break apart
under certain conditions; however, any cord worn around the neck can pose a risk of strangulation, including the possibility of serious
injury or death. (ix) Libris 2 does not provide medical advice. User should always consult his or her physician or other healthcare
professional with any question regarding any medical or mental health condition, or for specific guidance regarding nutrition or
physical activity.
Disclaimer of Warranties and Limitation of Liability
Numera Libris 2 and all information, content, materials, products (including software) and other services included on or otherwise made
available to user through Libris 2 are provided by Nortek Security and Control LLC (NSC) on an “as is” and “as available” basis, unless
otherwise specified in writing. NSC makes no representations or warranties of any kind, express or implied, as to the operation of Libris
2, or the information, content, materials, products (including software) or other services included on or otherwise made available to user
through Libris 2, unless otherwise specified in writing. User expressly agrees that your use of Libris 2 is at your sole risk to the extent
permissible by applicable law. NSC disclaims all warranties, express or implied, including, but not limited to, implied warranties of mer-
chantability and fitness for a particular purpose. NSC does not warrant that the Libris 2, information, content, materials, products (including
software) or other services included on or otherwise made available to user through Libris 2, or electronic communications sent from NSC,
are free of viruses or other harmful components. NSC will not be liable for any damages of any kind arising from the use of Libris 2, or
from any information, content, materials, products (including software) or other services included on or otherwise made available to user
through Libris 2, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified
in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these
laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional
rights. User understands that NSC IS NOT AN INSURER and that (a) the amounts due under these Terms of Use are based upon the value
of the services provided by NSC, and the scope of liability as herein set forth and are unrelated to the value of the User’s property, cost
of medical care, loss of life or physical impairment or injuries; (b) the system utilized and relied upon by NSC may not always operate
properly for various reasons beyond NSC’s control; accordingly, NSC makes no guarantee or warranty, including any implied warranty
of merchantability or fitness that the Libris 2 system supplied hereunder will avert or prevent occurrences or the consequences there
from which they are designed to detect and/or respond to; (c) it is difficult if not impossible for NSC to determine or control how quickly
and adequately police, fire, paramedics, emergency personnel or others may respond to an alarm signal or dispatch. THEREFORE USER
AGREES THAT even if NSC should be found liable for loss, damage or injury due to a failure of service or equipment in any respect, NSC’s
liability shall be limited to ten percent (10%) of the annual fees paid by User pursuant to these Terms of Use or $500, whichever is greater,
as the agreed upon damages and not as a penalty, as the exclusive remedy, and that the provisions of this paragraph shall apply if loss,
damage or injury irrespective of cause or origin, results directly or indirectly to person or property from performance or nonperformance of
obligations imposed by these Terms of Use or from negligence, active or otherwise, of NSC, its agents or employees.
Indemnification
User agrees to indemnify and hold harmless NSC, its officers, directors, shareholders, agents, employees, subsidiaries, parent and
affiliate corporations, against any and all liability, claims, damages, suits, demands, expenses, and costs (including but not limited to
court costs and reasonable attorneys’ fees) of every kind arising out of or in consequence of NSC’s breach of these Terms of Use and/
or of the negligent errors and omissions, and/or willful misconduct of NSC, its agents, servants, and employees in the performance of,
or conduct related to, these Terms of Use. User acknowledges that NSC is providing a device which depends on the cellular network
which is out of the control of NSC and may fail causing the User’s Service Provider response team not to receive a call for help
including, but not limited to, the failure of the User to actually activate the device.
Warranty
Nortek Security and Control LLC (NSC) is a wholesaler and does not offer a consumer warranty for Libris 2; however, your dealer or
reseller may offer a consumer warranty at the time of purchase. Call your customer service number to determine warranty status and
obtain further information. You may need to furnish the IMEI number found on the back of the device and proof of purchase.