VRI Terms & Conditions
This “Agreement” is made by and between the customer (“Subscriber”) and Valued Relationships, Inc. and/or its affiliates, which include all other entities fully owned by VRI Ultimate Holdings, LLC (hereinafter collectively “Company”). Subscriber is sometimes referred to as “you” or “your”. Company is sometimes referred to as “we”, “us” or “our”. Collectively, Subscriber and Company are referred to as the “Parties”.
- TERM. The initial term of the Agreement is one (1) month and will renew automatically from month-to-month thereafter unless and until terminated by Subscriber or Company as noted below.
- TERMINATION. You may terminate this Agreement at any time for any reason by returning the System to Company at 1600 W Jackson St. Sullivan, IL 61951. Subscriber’s termination is not effective until Company’s receipt of System. Company may terminate this Agreement at any time for any reason. Company’s termination is effective immediately upon notice to Subscriber or Subscriber’s Responder/Representative. Upon termination, Company shall cease to provide and/or charge for future services. The obligations of the Parties under Sections 6, 10-19, 20, 24 and 25 shall survive the termination of this Agreement.
- SCOPE OF SERVICE. Subscriber hereby directs and authorizes Company to monitor and/or install the personal emergency response system, medication monitoring system, vitals monitoring system, and/or other health monitoring systems (“System”) in Subscriber’s home or place of residence (“Home”). The Company’s service (“Service”) consists solely of notifying the persons identified by Subscriber as responders (“Designated Responders”) and/or (when necessary) the emergency response authorities (“First Responders”), upon Company’s receipt of oral instruction, signals, data, and/or other communication from the System reporting conditions that require assistance (“Response Condition”). (Designated Responders and First Responders are collectively “Responders”). Following a Response Condition, but before contacting any First Responders, Company may, in its sole and absolute discretion and without any liability, contact or attempt to contact you or your Designated Responders as frequently as Company deems appropriate to verify the need to notify First Responders. After receiving oral advice from anyone, including, but not limited to, you, a Responder, or anyone at the Home or who communicates with Company, to disregard the Response Condition, Company may, in its sole and absolute discretion and without any liability, refrain from contacting the Responders and/or advise the Responders of the receipt of the oral advice to disregard the Response Condition.
- FALL DETECTION TECHNOLOGY. The System may utilize fall detection technology to signal Company in case of a potential fall. You acknowledge and agree that fall detection technology is not 100% reliable, that the System may not send a signal to Company in the event of a fall and/or may send a false alarm. You should always press your button after a fall.
- FORCIBLE ENTRY: You authorize Company in its sole discretion, to send Responders to your Home in response to the use of the System or a signal from the System. If you do not respond or are unable to respond, this may result in Responder’s forcible entry into your Home, which may cause damage. Company is relieved from any and all liability whatsoever as a result of said dispatch and/or entry, including damages to property from forcible entry by Responders, government fees, ambulance fees, etc.
- AUTHORIZED COMMUNICATIONS. Subscriber understands that the System may automatically communicate with Company or a storage device via telephone, Internet, SMS, cellular network, or other communication methods when activation occurs by your actions, actions at the Home or by automated actions of the System. You understand that these communication methods may not be secure and agree that transmission of this information is not a violation of your privacy. You consent to the sharing of personal information with Responders and authorize the recording of any and all communication with Company. You authorize Company to use any communication methods it chooses, such as automated calls, automated dialers, SMS, email, and other methods of automated communication and accept any standard transmission fees that may apply. Company is not responsible for your failure to accurately provide, use, measure, transmit, or respond to data from the System.
- SUBCRIBER’S RESPONSIBILITIES. You are responsible for the following: (a) proving Company with accurate and current location and contact information for you and your Responders, (b) notifying Responders of their designation, (c) following the reminders or prompts from the System or Company, (d) testing and charging the System regularly, and (d) if your System includes a medication monitoring system, you are responsible for filling and updating the System on an ongoing basis.
- SUBSCRIBER SYSTEM USE. Subscriber agrees to not alter any communication devices, networks, or systems in the Home, as this may affect the functionality and operation of the System. You will not use caller ID blocking services as Company requires this information to provide Service. You will not attach or connect any unauthorized devices to the System. You will ensure that the Home is provided with uninterrupted telephone service or any other equipment deemed necessary to maintain the System. You understand and acknowledge that communication services provided over the Internet or using Voice over Internet Protocol (”VoIP”) may be disrupted when you are not at the Home, when no electrical service is present, when bandwidth is insufficient, or when power is disabled, preventing the System from contacting Company. You understand and acknowledge that the System may be battery powered and that it is your responsibility to charge your System. You acknowledge that the System will not work properly if the battery is not charged. You acknowledge that Company is not responsible for the System not responding due to a low battery, including during an electrical outage at the Home, or for lack of cellular/mobile connection. Company is not responsible for maintaining the System once it is installed in the Home. You accept full responsibility for contacting Company if you require additional instruction on use of the System or if you become aware of an equipment malfunction. You acknowledge that you understand the operations of the System and know how to contact Customer Care Department (24 hours x 7 days/week) at 800-860-4230.
- PAYMENT TERMS:
1. AGENCY/GOVERNMENT OR MANAGED CARE SUBSCRIBERS. You understand that payment for approved services has been arranged and contracted on your behalf. You are not responsible for payments on approved services. If approved services are discontinued or you want additional services, you can request to become a private pay subscriber and thereafter agree to be bound to the Private Pay Subscriber terms in Section 10b, in addition to all other terms of the Agreement.
2. PRIVATE PAY SUBSCRIBERS. By accepting or using the System as a Private Pay Subscriber, you agreed to be finically responsible for any and all financial charges for the System and/or Service provided under this Agreement. By providing your credit card, banking, or other payment information, you authorize Company to make a one-time installation fee, if applicable, as well as recurring monthly service charges for payment. In addition, you hereby authorize Company to charge your credit card or make automatic deductions from your bank account for any past-due charges for authorized services, regardless of your current payment method of choice. By accepting these terms, you specifically authorize said charges or deductions and are responsible for any fees or charges related to failure to make payment
- WARRANTY: You understand that Company IS NOT AN INSURER OR MANUFACTURER and that (a) the amounts due under this Agreement are based upon the value of the Service and the scope of liability as herein set forth and are unrelated to the value of your property, cost of medical care, loss of life, physical impairment, or injuries; and (b) the System may not always operate properly for reasons beyond Company’s control, Accordingly, Company makes no guarantee or warranty, including any implied warranty of merchantability or fitness that the system will avert or prevent a Response Condition or any other medical necessity or emergency.
- LIMITATION OF LIABILITY. Subscriber agrees and acknowledges that Company has no contractual, employment, or any other relationship to Responders, cannot direct, determine or control their actions, timelines of responses and/or refusal or failure to act and cannot guarantee Company will receive a signal in every situation. Therefore, you understand, acknowledge and agree to hold Company harmless and indemnify and release Company from any claims arising from or related to the conduct or care provided by any person responding to a Response Condition under this Agreement. This includes but is not limited to any medical or related expenses you may incur as a result of the System such as ambulance services, police services, EMT services, physician, nurse, hospital or any other medical assistance or cost. Additionally, should there every arise any allegations liability to you, your heirs or representatives on the part of Company, its owners, officers, directors, employees, agents, affiliates or subcontractors (collectively “Company Representatives”), for any property loss/damage, personal injury, health-related event, economic or other loss, damage, cost or expense (Collectively “Damages”) due, in whole or in part, to a failure of the System, Service or Company’s action, inaction, omission, negligence, willful misconduct or any other response, you agree that Company’s liability shall be limited and capped at the fees paid pursuant to this Agreement or $500.00, whichever is less. You agree this amount shall be your exclusive remedy. Subscriber agrees and acknowledges that such limitation of liability shall also be binding in your heirs, executors and/or administrators.
- INDEMNIFICATION. If any third party, including, without limitation, your heirs, executor, administrator and/or insurance company, asks or demands Company or Company Representatives to pay for any damages, or there is a claim against Company or Company Representatives for any subrogation, indemnification or contribution, you agree to pay (without any condition that Company or Company Representatives first pay) for all losses, damages, costs, damages, expenses including, without limitation, attorney’s fees, which may be asserted against or incurred by Company or its representatives. Subscriber relieves Company of all liability related to the use of an incorrect telephone number or other contact information, even if Company is negligent.
- ARBITRATION; WAIVER OF JURY TRIAL: The Parties agree that any claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration in accordance with the rules of the American Arbitration Association. In addition, the Parties waive any right to a trial by jury in any suit, action or other legal proceeding brought by either party arising out of or from, in connection with, related to or as a consequence of this Agreement.
- WAIVER OF STATUTE OF LIMITATIONS: Subscriber agrees that any claim, arbitration, or lawsuit relating to Company’s Service Systems, or this Agreement must be filed no more than twelve months after the date of the incident, action, omission or inaction that is the subject of the claim or lawsuit. Subscriber expressly waives the statute of limitations to the contrary.
- GENERAL TECHNOLOGY RELEASE: Company is not liable for any technical failures that impact the Service. You understand that even if connections work well at activation, you are responsible for monitoring signal strength, equipment function, power/battery and service quality on an ongoing basis. Company is not responsible for maintaining or monitoring the reliability of the networks used for communication and can only provide timely and accurate Service if all System equipment and networks are providing complete data transmissions. You acknowledge that it is your responsibility to test the System regularly to identify any problems or malfunctioning issues with the System. You release Company from any and all liability related to the transmission of signals or communications.
- BROADBAND, DIGITAL, VOIP AND CELLULAR BASED SOLUTIONS: You understand and acknowledge that the use of broadband, digital, VoIP, cellular, or DSL based solutions with the System include additional risks associated with the quality and reliability of network connections, signal integrity, and service levels. These risks include, but are not limited to, loss of service due to power failure, damaged or faulty equipment, inadequate bandwidth, weather conditions and network disruption. You acknowledge that a System that uses cellular technology may lose service if the generation technology in the System is not compatible with the generation of cellular wireless standards provided in a certain area. Company has no way of tracking the generation of cellular wireless standards provided in different areas and is not responsible for the loss of service due to the incompatibility of generation technology with the generation of cellular wireless standards. Communications are affected by factors outside the control of Company and may be impaired by building construction style, weather, distance from transmitter to receiver, surrounding terrain, battery life, signal strength, network traffic, interference, and network disruption. You also acknowledge that broadband, digital, VoIP, cellular, and DSL based solutions rely on third party services from wireless carriers and Internet providers such as, but not limited to, AT&T, Sprint, Verizon, Comcast, and Spectrum Time Warner that are not controlled by VRI. Any failure of third party services could result in failure of the System and the inability to provide timely and adequate Service.
- LOCATION TECHNOLOGY: Certain Systems utilize Global Positioning System (GPS) or related location technologies (“Location Technology”) to provide location data. You acknowledge that Location Technology is not 100% accurate. The Location Technology information Company receives from the System may not account for factors such a building floors, and that the Location Technology information provided may not be exact. You acknowledge that Location Technology location relies on third party technologies that are not under Company’s control. Any failure of these third- party technologies could result in the inability to provide accurate location information. You acknowledge and accept that Location Technology includes a number of inherent risks including, but not limited to, obstructions such as buildings, poor weather conditions, commercially reasonable levels of accuracy, battery life, damage to the device or antenna, and access to GPS satellites controlled by the government or other providers. Any restriction or reduction of service could limit access to location information. You acknowledge that using Location Technology tracking and location may require Company to disclose the location of the System to Responders.
- MONITORING: You acknowledge that Company is not liable for any claims, including third party claims, arising out of or in connection with or relating to data or other health-related information concerning the Subscriber or any other data to which Company has access under this agreement or which is being transmitted through the System. Neither Company nor Systems make any interpretation, evaluation, or medical judgments for treatment. Company does not provide clinical advice. Company’s products and services are not intended as a substitute for professional and/or clinical medical care. Subscriber assumes full responsibility and risk for any consequences or claims, including third party claims, arising out of in connection with or relating to such data or information.
- FORCE MAJEURE: This Agreement may be terminated, without notice, by Company in the event any of its Care Centers are destroyed or damaged by any catastrophe and it is impractical to restore service in a timely manner. Company assumes no liability for delays or interruption of services due to strikes, riots, floods, fire, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of Company and Company will not be required to supply services during said interruption.
- SUSPENSION OR CANCELLATION: You are solely responsible for the use of the Service, 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 and actions requested by you, or by anyone using the Service. In the event Subscriber violates any part of this Agreement, abandons or sublets the System, causes excessive false alarms, fails to comply with instructions, or if Subscriber’s payment or other obligations to Company or the obligations of others for benefit of Subscriber is more than 30 days past due, Company may suspend all services and terminate this Agreement via phone, electronic communication, or written communication. In such event, Company shall have the right to render the System inoperative and to collect any unpaid debts, including collection for equipment deemed to be lost, damaged, or unrecoverable.
- ENTIRE AGREEMENT, AMENDMENTS AND GOVERNING LAW: This Agreement represents the entire agreement between the Subscriber and Company and supersedes any and all prior understandings and agreements between the Parties pertaining to such matters and constitutes the sole and only agreement between the Parties with respect to the said subject matter. All prior negotiations and agreements between the Parties with respect to the subject matter hereof are merged into this Agreement. The terms of this Agreement may be updated by the Company by publishing updates at www.vricares.com. Such updates are incorporated by reference. If any provision of this Agreement is found to be invalid, illegal, or unenforceable to any extent, the validity and enforceability of the remaining sections of the Agreement shall remain in full force and effect as valid, binding, and continuing. This Agreement shall be governed by the laws of the State of Ohio.
- ASSIGNMENT: You acknowledge that Company may transfer or assign the Agreement at any time. This Agreement will remain in force and the rights and benefits shall accrue to the assignee in the same manner as they apply to Company. You cannot assign the Agreement or your obligations to anyone without Company’s prior written consent.
- PREPAID FEES – Private Pay Subscribers Only: You acknowledge that VRI is not liable for any claims, including third party claims, arising out of or in connection with or relating to data or other health-related information concerning the Subscriber or any other data to which Company has access under this agreement or which is being transmitted through the System. Company’s System makes no interpretation, evaluation, or medical judgments for treatment. Clinical judgment and experience are required for interpretation of health-related data and information. Company’s products and services are not intended as a substitute for professional medical care. Subscriber assumes full responsibility and risk for any consequences or claims, including third party claims, arising out of in connection with or relating to such data or information.
- EXECUTION IN COUNTERPARTS; CONSENT TO DO BUSINESS ELECTRONICALLY. This Agreement may be executed in any number of counterparts, any one of which need not contain the signature of more than one party, but all of which shall together constitute one and the same instrument. The Parties agree that if a digital copy in any medium is made of this Agreement, it will have the same legal force and effect as the original. The Parties agree that this Agreement may be electronically signed. For the avoidance of doubt, electronic signatures shall include, without limitation, a signature created with a computer mouse and/or a recorded oral “I agree” statement. The Parties agree that all signatures, whether digital or transmitted or delivered by facsimile or electronically shall be deemed to be originals for all purposes and given the same legal force and effect as an original written Agreement and original ink signatures including without limitation, litigation, and arbitration. You may withdraw your consent to conduct business electronically.