Subscriber Terms and Conditions

Updated March 2026

SUBSCRIBER TERMS AND CONDITIONS

This Subscriber Terms and Conditions (“Agreement”) applies to subscribers (“Subscriber” or “you”) of Lifeline Systems Company’s (the “Company”) Medical Alarm System (the “System”) and governs the relationship between the Company and Subscriber (each a “Party”) with respect to the System. Subscriber and Company, do mutually covenant and agree as follows. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 11, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST THE COMPANY IN COURT, OR ON BEHALF OF ANYONE ELSE IN ARBITRATION.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY DOING ANY OF THE FOLLOWING: (A) ACTIVATING, USING, OR PAYING FOR THE SYSTEM OR RELATED SERVICES; (B) PROVIDING THE COMPANY WITH A WRITTEN OR ELECTRONIC INDICATION OF ACCEPTANCE (INCLUDING A SIGNATURE, CHECKING A BOX, OR PRESSING A TELEPHONE KEY); OR (C) VERBALLY INDICATING ACCEPTANCE TO THE COMPANY. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT TAKE ANY OF THE FOREGOING ACTIONS. WHILE THE COMPANY MAY, FROM TIME TO TIME, REQUEST THAT YOU SIGN OR RETURN A COPY OF THIS AGREEMENT (INCLUDING ANY UPDATED TERMS), YOUR FAILURE TO DO SO DOES NOT AFFECT THE VALIDITY, ENFORCEABILITY, OR BINDING NATURE OF THIS AGREEMENT ONCE YOU HAVE ACCEPTED IT THROUGH ANY OF THE ACTIONS ABOVE.

1. MONTHLY MONITORING AND OTHER CHARGES: The monthly monitoring charge, plus any applicable sales tax and the one-time, non-refundable programming fee, will begin on the day the Alarm System Equipment (“Equipment”) is sent. This Agreement will automatically renew on a month-to-month basis unless either Party gives written notice to the other Party of its intent to cancel. Subscriber’s obligation to pay monthly monitoring charges will continue until all Equipment has been returned to and received by the Company, as further described in Section 2 below. The Subscriber understands that there is a three month minimum non-refundable monitoring charge that is to be paid at the time of order. If the Subscriber has activated the system and wishes to cancel this Agreement prior to the end of initial three month time period, he or she is entitled to a full refund of any unused pre-paid monitoring charges less the non-refundable three month minimum, a $35.00 non-refundable restocking fee, a non-refundable one-time programming fee, and non-refundable shipping and handling charges, and Subscriber will not be entitled to a refund for charges in respect of the billing month in which cancellation becomes effective. Company reserves the right to charge a fee for any replacement Equipment provided to Subscriber. Company has the right to increase the monthly charge and Subscriber agrees to pay such increase as invoiced upon 30 days’ prior written notice to Subscriber, unless the Subscriber has purchased the price lock guarantee for the term of the Agreement. If any portion of the monthly monitoring fee is not paid by the due date, Company may assess a late fee in the form of a monthly finance charge equal to $5 per month, or the maximum amount permitted by applicable law, whichever is less. If Company must institute legal proceedings to collect payments due, then Subscriber agrees to pay Company’s reasonable attorney’s fees for such collection action unless prohibited by law. Failure to make payment of monthly monitoring fees will result in termination of monitoring service and acceleration of the return of the Equipment. Subscriber also has the return rights set forth in Section 17 and Section 29.

2. MEDICAL ALARM SYSTEM: The Company agrees to furnish to Subscriber the System and to use commercially reasonable efforts to provide monitoring services according to this Agreement. The System consists of one of the following: (a) A Personal Emergency Response System base unit that plugs into a standard power outlet at the Subscriber’s residence and connects to or plugs into the Subscriber’s landline telephone system at his or her residence together with a portable/wearable push button device or wrist band device, or (b) A cellular Personal Emergency Response System base unit that plugs into a standard power outlet at the Subscriber’s residence together with a portable/wearable push button device or wrist band device that will work either inside or outside the Subscriber’s residence, subject however to the availability of a wireless network and/or cellular coverage (and this System will only function within a limited radius outside the Subscriber’s residence), or (c) a cellular Personal Emergency Response System portable/wearable push button device or wrist band device, including a smartwatch, that will work without a base unit either inside or outside the Subscriber’s residence subject to the availability of a wireless network or cellular coverage.

Subscriber must have adequate cellular coverage in the area where the System is being used for Systems which rely upon cellular technology to transmit an alarm signal (also referred to, herein, as a “distress signal” and/or an “alert”). Subscriber also understands and agrees that cellular based solutions rely on (i) third party services from wireless carriers such as but not limited to AT&T, Sprint, T-Mobile and Verizon; and (ii) a cellular System that has been activated by the Subscriber so that it is capable of communicating a medical emergency or distress situation.

The Equipment is designed to function both inside and outside the Subscriber’s residence, subject to the availability of a wireless network or cellular coverage. The Company does not own or control the wireless carrier networks on which the System relies and disclaims any responsibility or liability for delays, interruptions, failures, or service degradation caused by such third-party networks.

Certain Systems with portable/wearable devices use GPS tracking that can be used to provide the location of the portable/wearable device. Such Equipment has GPS tracking capabilities. The Subscriber understands that his or her physical location will be used in connection with providing the service and that authorized caregivers (“Responders”) may request the Subscriber’s current location via the Company’s secure web portal. The Subscriber hereby agrees that the Company and the Central Station may provide Responders, and any other necessary third parties, as determined by the Company and the Central Station, in their reasonable discretion, with access to the Subscriber’s physical location. The Subscriber hereby releases, to the fullest extent permitted by law, the Company and the Central Station of all liability that may arise out of disclosure of his or her physical location to Responders and any other necessary third parties.

All monitoring services provided by the Company, or any third-party provider designated by the Company, including 24/7 emergency monitoring, are collectively referred to as the “Central Station” or “Central Station Services.” All Equipment furnished under this Agreement, including the base system and any accessories, shall remain the personal property of the Company unless otherwise stated in writing.

No accessory or feature guarantees 100% detection of any specific condition or event. For example, the Fall Button does not detect all falls. When able, Subscriber must press the help button to request assistance. The Company makes no guarantee of uninterrupted or error-free performance of any detection feature. See Section 3 below regarding the Fall Detection Feature.

The Company’s battery-powered smoke detectors, transmitters, and other detection sensors are not connected to the electrical system of the Subscriber’s residence (the “Premises”) and are solely dependent on internal batteries for operation. THESE DETECTION SENSORS WILL NOT FUNCTION AND NO ALARM WILL SOUND IF THE BATTERIES ARE DEPLETED, IMPROPERLY INSTALLED, OR OTHERWISE NON-OPERATIVE. Subscriber is solely responsible for regularly inspecting, maintaining, and replacing the batteries in all battery-powered detection sensors. Subscriber should test each detection sensor no less than once per month and inspect for dust or debris buildup that may interfere with proper operation. The Company makes no representation or warranty that these detection sensors will operate if batteries are not properly maintained. DETECTION SENSORS WILL NOT TRANSMIT AN ALERT TO THE CENTRAL MONITORING STATION UNLESS THE MEDICAL ALARM SYSTEM IS FULLY OPERATIONAL AND CAPABLE OF COMMUNICATION. SUBSCRIBER IS STRONGLY ADVISED TO READ THE OWNER’S MANUAL FOR EACH ITEM OF EQUIPMENT, WHICH CONTAINS CRITICAL SAFETY, MAINTENANCE, AND LOCAL PERMITTING INFORMATION. SUBSCRIBER IS RESPONSIBLE FOR COMPLIANCE WITH ANY LOCAL LAWS, REGULATIONS, OR PERMITTING REQUIREMENTS RELATED TO THE INSTALLATION AND USE OF SMOKE DETECTION EQUIPMENT. The Company shall have no liability for Subscriber’s failure to obtain or comply with such permits. The deployment of home based smoke detectors in your community may require local permitting or registration and you should contact your local Fire Department or Building Department to inquire as to those requirements. It is your sole responsibility to comply with those permitting or registration requirements.

Subscriber agrees to use the Equipment only as directed and to take reasonable care to prevent its loss, theft, or damage. Subscriber shall be responsible for any damage to the Equipment beyond normal wear and tear while in their possession, as determined by the Company in its reasonable discretion. Upon termination of the Services for any reason, Subscriber must return all Equipment to the Company in good working condition within thirty (30) days or pay a lost unit fee as reasonably established by the Company from time to time. SUBSCRIBER’S OBLIGATION TO PAY MONTHLY MONITORING CHARGES WILL CONTINUE UNTIL THE COMPANY HAS RECEIVED THE RETURNED EQUIPMENT OR UNTIL A LOST UNIT FEE HAS BEEN PAID BY SUBSCRIBER. If the Equipment is not returned, or is returned damaged or non-functional, Subscriber shall be liable for the lost unit fee. The Company may charge up to $400 for such lost unit fee to the payment method on file or separately request payment from Subscriber. Subscriber understands that the maximum lost unit fee may increase from time to time, at the Company’s sole discretion.

In addition, Subscriber agrees that he or she may order additional Equipment and/or features, which are governed by this Agreement unless otherwise specified by additional terms and conditions provided by Company. Among other things, such additional Equipment and/or features may include but are not limited to: Additional Pendant(s); Wall Button(s); Lock Box(es); Fall Detection feature; Mobile Phone App; Check In Service; Price Lock(s); and/or Protection Plan. Other Equipment and/or features not listed herein may be offered in the future and added at the Company’s sole discretion upon request by the Subscriber. Subscriber understands that the Company may elect to discontinue certain Equipment and/or features at the Company’s sole discretion.

3. FALL DETECTION FEATURE:

The Fall Detection Feature, when included in a Subscriber’s system, is designed to detect certain types of falls but is subject to functional limitations. The Company does not represent or warrant that the Fall Detection Feature will detect all falls.

Examples of undetectable falls may include, but are not limited to: (a) gradual slides from a seated or reclined position; (b) intentional or controlled lowering to the ground; (c) indirect or multi-sequence descents; and (d) falls from a height of less than 20 inches (0.5 meters).

Other conditions that may limit functionality include: (i) Use at altitudes above 6,600 feet (2,000 meters); (ii) use by individuals under 4 feet 6 inches (1.4 meters) in height; or (iii) use by individuals weighing less than 88 pounds (40 kilograms).

Notwithstanding the above limitations, pressing the help button will still transmit a distress signal to the Central Station if the System is otherwise operational.

SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES that the Fall Detection Feature may fail to detect certain falls and that the Company and Central Station shall have no liability for any injury, loss, or damage arising from the failure of the Fall Detection Feature to detect a fall. Subscriber assumes all risk associated with reliance on the Fall Detection Feature and understands that it is a supplemental safety feature only.

4. TELEPHONE COMMUNICATION ACKNOWLEDGEMENT: Subscriber expressly agrees and consents that the Company and its business associates may use any telephone number that was provided by or on behalf of Subscriber, regardless of whether it is a cell phone, commercial, or residential number, in order to provide health care, emergency, account communications (including debt collections), and marketing and/or advertising information, regardless whether Subscriber is listed on any federal, state, or local do-not-call registry. Subscriber acknowledges and consents to any such communications, including via automated telephone dialing, text messaging, and/or pre-recorded calls or voicemails (collectively “Automated Communications”). Message or data rates may apply.

Subscriber’s consent to receive Automated Communications at any number provided by or on behalf of Subscriber is not required to receive health care services. Subscriber may opt-out of receiving Automated Communications by contacting us at the number provided in such Automated Communications. The Company will honor opt-out requests within 30 days. Regardless of opt-out preference, the Company may still contact any provided number regarding healthcare communications or emergencies. This telephone communication acknowledgement applies to all past, present and future services provided by the Company, until revoked.

Subscriber agrees to indemnify, defend, and hold harmless the Company from and against all claims, demands, liabilities, damages, losses, and expenses, including any statutory civil damages or penalties, which may be asserted against or incurred by the Company by or due to any person or entity not a Party to this Agreement, arising out of or related to the communications, including Automated Communications, described in this Section 4.

5. AUDIO LISTEN IN AND FORCIBLE ENTRY: The System includes a two-way voice transmitter intended to be audible, under optimal conditions, throughout most of the Subscriber’s residence. Subscriber acknowledges that audio quality may vary due to factors such as home layout, background noise, or interference. In the event the Central Station receives a signal from the System but does not hear a clear voice response from the Subscriber, or the Subscriber cannot be reached by telephone, the Subscriber expressly authorizes the Company and the Central Station to initiate emergency response procedures. Unless the Subscriber has provided prior written instructions to the contrary, these procedures include contacting 911 emergency services. If the Subscriber has instead provided a call list with a specified priority order, the Central Station will attempt to contact those individuals in the order indicated.

If emergency responders are dispatched and unable to make contact with the Subscriber through the System or by telephone, the Subscriber further authorizes the Company, in its sole discretion, to permit emergency responders to enter the Subscriber’s residence, including by means of forcible entry if necessary. The Subscriber acknowledges and agrees that such entry may result in damage to the residence, including but not limited to damage to doors, locks, or windows. The Subscriber releases and waives any and all claims, demands, and causes of action against the Company, the Central Station, and any emergency responders for any and all losses, damages, liabilities, or injuries, including property damage, that may result from any such forcible entry, except to the extent caused by gross negligence or willful misconduct.

Subscriber consents to the recording and monitoring of calls with Company or the Central Station for quality assurance and emergency response purposes. Subscriber also authorizes the disclosure of their physical location and relevant medical information to emergency responders, caregivers, or other authorized individuals to facilitate service.

6. MEDICAL OR RELATED EXPENSES: In the event the Subscriber activates the System and a signal is received by the Central Station, the Subscriber authorizes the Company to attempt to notify emergency responders and/or obtain assistance on the Subscriber’s behalf. The Subscriber agrees to be solely responsible for, and expressly assumes all liability for, any and all costs, expenses, or fees arising from or related to such assistance, including but not limited to ambulance services, physician or other medical personnel, hospital treatment, or any other emergency response services. The Subscriber further agrees to promptly pay all such costs and expenses, whether incurred directly by the Subscriber or advanced on the Subscriber’s behalf by the Company.

7. OPTION TO UPDATE VITAL MEDICAL DATA INFORMATION: At the Subscriber’s option, the Subscriber may communicate with the Company by telephone or in writing to provide or verify vital medical information to be maintained on file at the Central Station. The Subscriber acknowledges that it is solely the Subscriber’s responsibility to provide complete and accurate medical information and to update such information as necessary to ensure its continued accuracy. The Company shall have no obligation to verify, monitor, or update the Subscriber’s medical information. The Subscriber is further advised to post or display any critical medical information in a clearly visible and accessible location within the residence, such as on the refrigerator, to assist emergency responders. The Company will take reasonable steps to protect the confidentiality of any personal or medical information provided by the Subscriber.

8. AUTHORIZATION TO COMPANY: The Subscriber agrees to provide and maintain continuous access to a functioning 110-volt electrical circuit and the appropriate telephone service or other communication equipment required to operate the System, as determined necessary by the Company. The Subscriber shall be solely responsible for any costs associated with the installation, configuration, or adaptation of the Subscriber’s telephone system or other communications infrastructure to be compatible with the System, including all parts and labor. For Subscribers using a landline-based System, the Subscriber agrees to notify the Company prior to or immediately upon changing their telephone service to Voice Over Internet Protocol (“VoIP”) or any service other than a traditional analog landline. Following any such change, the Subscriber must ensure that a test signal is sent and successfully received by the Central Station. The Company shall have no responsibility or liability for any interruption in monitoring services or System functionality caused by changes to the Subscriber’s telephone or Internet services, or by any failure, outage, or incompatibility involving third-party communication providers.

9. INTERRUPTION IN SERVICE AND TESTING OF THE CONNECTION: Subscriber acknowledges and understands that the proper functioning of the System is dependent on, among other factors, a continuous and reliable connection to a telephone line or cellular network, as applicable. For Subscribers using a cellular-based System, Subscriber acknowledges that cellular communication services inherently involve risks relating to signal quality, coverage, and reliability, all of which are dependent on third-party wireless carriers, including but not limited to AT&T, Sprint, T-Mobile, and Verizon. These carriers and their network infrastructure are not owned, operated, or controlled by the Company, and the Company assumes no responsibility for their performance or continuity of service.

Subscribers using a System that connects to a landline telephone acknowledge and agree that landline-based solutions are also subject to service degradation, outages, or other issues beyond the Company’s control. The Company expressly disclaims all liability for service interruptions, degraded performance, or failures resulting from issues with any third-party telephone or wireless carrier, or from any other causes beyond the Company’s control, including but not limited to strikes, labor unrest, riots, floods, fires, weather events, natural disasters, equipment failure, or acts of God.

Subscriber further understands and agrees that successful signal transmission at the time of installation or initial testing does not guarantee future signal strength or connectivity. The Subscriber is solely responsible for monitoring the ongoing adequacy of signal strength, power supply, and communication reliability for their System. The Company is not responsible for maintaining, testing, or monitoring the performance or quality of any third-party communication networks, and cannot provide timely response unless all communication channels are functioning correctly and reliably.

Subscribers using cellular-based solutions are strongly encouraged to test their System regularly in order to detect any degradation in network quality or signal performance. Subscriber also acknowledges that other technical issues may interfere with signal transmission to the Central Monitoring Station, including those not specifically described in this Agreement. The Subscriber expressly understands and agrees that cellular technologies may fail without notice at any time, and hereby irrevocably releases and discharges the Company, its employees, officers, owners, agents, contractors, representatives, vendors, and affiliates from any and all claims, liabilities, losses, or damages of any kind arising from or related to the failure or delay in transmission of emergency signals or communications over cellular or telephone networks.

10. MISUSES AND ABUSE OF SYSTEM: In the event the Subscriber breaches any provision of this Agreement, misuses, damages, or tampers with the Equipment or System, or causes an excessive number of false alarms or unwarranted activations, the Company may suspend services and/or terminate this Agreement by providing the Subscriber with thirty (30) days’ written notice. The Company shall not be liable for any loss, damage, or inconvenience resulting from such suspension or termination. Suspension or termination shall not relieve the Subscriber of any outstanding payment obligations or liability for damages caused by such conduct.

11. ARBITRATION AND CLASS ACTION WAIVER:

Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both the Subscriber and the Company agree that any legal dispute between the Subscriber and the Company, including but not limited to any of the Company’s parents, affiliates, subsidiaries, employees, service providers, successors, assigns, and agents, concerning or arising in any way out of this Agreement or the System shall be resolved through binding individual arbitration. The Subscriber understands and agrees that they are waiving their right to sue or go to court to assert or defend their rights. The term “dispute” means any dispute, action, claim, or other controversy between you and the Company, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by certified mail (a) to the Company at Connect America.com, LLC, 3 Bala Plaza West, Suite 200, Bala Cynwyd, PA 19004 or (b) to you at the postal address on file with the Company. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the Parties shall agree to, or a court shall select, another arbitration provider. Unless you and the Company agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with the Company). Except for claims determined by the arbitrator to be frivolous, the Company will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court. You and the Company also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and the Company hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state or country of your residence, as determined by your mailing address on file with the Company, will govern. The Company will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the Parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of that waiver. This Arbitration Agreement survives without regard to the termination of the contract or other relationship with the Company.

12. NO WARRANTY OR REPRESENTATION: THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SYSTEM OR SERVICES CANNOT BE COMPROMISED, DISABLED, OR CIRCUMVENTED, OR THAT THEY WILL IN ALL CASES PREVENT PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, OR OTHER LOSS. THE SUBSCRIBER UNDERSTANDS AND AGREES THAT THE SYSTEM IS INTENDED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS, AND THAT NO SYSTEM CAN GUARANTEE SAFETY OR PREVENT ALL HARMFUL EVENTS. ACCORDINGLY, THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SUBSCRIBER ACKNOWLEDGES THAT NO ORAL OR WRITTEN STATEMENT, REPRESENTATION, OR PROMISE MADE BY THE COMPANY OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR OBLIGATION UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT IN WRITING, AND SUBSCRIBER AGREES THAT IT HAS NOT RELIED ON ANY SUCH STATEMENTS IN ENTERING INTO THIS AGREEMENT.

13. TESTING OF THE SYSTEM: The Parties agree that the Equipment remains under the exclusive possession and control of the Subscriber and that it is solely the Subscriber’s responsibility to test the operation of the Equipment and to promptly notify the Company, in writing, of any issue, malfunction, or need for repair or service. The Company shall not be obligated to inspect, repair, or service any Equipment unless and until it has received such written notice from the Subscriber. The Subscriber further acknowledges that the System may be dependent on a properly functioning battery, and that it is the Subscriber’s responsibility to monitor battery performance and notify the Company, in writing, if the battery or any other component requires service. Upon receiving such written notice, the Company shall have seventy-two (72) hours, excluding weekends and holidays, to respond and provide service, which may include replacing the unit, transmitter, and/or battery, as applicable.

If the Subscriber relocates the System from the premises where it was originally installed, or if any utility provider (including telephone or power) performs work or causes an interruption in service, the Subscriber agrees to immediately notify the Company of such event and to retest the System without delay. Subscriber agrees to test the System no less than once per calendar month. The Company shall have no obligation to perform or monitor such testing. While the Company may, in its sole discretion, perform periodic testing of the System, the Subscriber understands and agrees that the Company, its service providers, and agents shall have no obligation to notify the Subscriber of the results of any such testing, including any failure, malfunction, or inability to detect or connect with the System.

14. RIGHT TO SUBCONTRACT CENTRAL STATION SERVICE: The Company may, in its sole discretion, engage one or more third-party service providers to perform or support the Central Station monitoring services described in this Agreement (each, a “Central Station Subcontractor”). The Subscriber acknowledges and agrees that all terms, conditions, limitations of liability, disclaimers, releases, and indemnities set forth in this Agreement for the benefit of the Company shall also apply equally to, and inure to the benefit of, any such Central Station Subcontractor. The Subscriber further agrees that any Central Station Subcontractor shall be deemed a third-party beneficiary of this Agreement for purposes of enforcing such provisions to the same extent as if such Subcontractor were a direct party hereto.

15. SUBSCRIBER’S PERSONAL INFORMATION:

Data Integrity and Retention: The Company understands that in the process of providing the System, the Company will come into possession of “Personal Information” meaning (a) information that identifies the Subscriber or can be used to identify the Subscriber (including without limitation, the Subscriber’s name, signature, address, telephone number, and other unique identifiers), or (b) information that can be used to authenticate the Subscriber’s identity (including without limitation, government-issued identification numbers, financial account numbers, credit card numbers debit card numbers, personal identification numbers or passwords allowing account access, or biometric or health data. The Company may also receive Personal Information, from medical providers, emergency personnel, the Company’s business partners and service providers, and other entities with the Subscriber’s consent in connection with the Subscriber’s use and the Company’s provisioning of the System. The Company is not liable or responsible to the Subscriber for the acts or omissions of any such third parties receiving or providing Subscriber Personal Information.

Personal Information does not include information that has been de-identified or aggregated and that cannot reasonably be used to identify an individual Subscriber. The Company may use, share, transfer, or sell de-identified or aggregated information for any lawful purpose.

The Company employs a number of organizational, technical, and physical safeguards designed to protect the Personal Information we may collect in compliance with all applicable federal and state privacy and data protection laws, as well as any applicable regulations and directives thereunder. The Company will notify the Subscriber of any improper use or disclosure of his or her Personal Information (a “Security Breach”) as soon as reasonably practicable after a reasonable investigation. The Company shall take all reasonable steps and use its reasonable efforts in accordance with applicable privacy rights, laws, regulations and standards to remedy any Security Breach and to prevent a further recurrence of any Security Breach. The Company will only retain your information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Data Use and Sharing: The Company uses Personal Information in order to provide the System and associated services provided in this Agreement, including to respond to requests from Subscribers and administer requests related to the System. The Company also uses Personal Information to improve the quality, safety, accuracy, and security of the System. Finally, the Company uses Personal Information for any purpose to which a Subscriber consents. The Company may share Personal Information with our subsidiaries, affiliates, employees, contractors, service providers, and our third party partners that assist us in providing or supplementing the System. The Company may also share Personal Information with medical providers, emergency personnel, and other entities with your informed consent in connection with your use and our provisioning of the System. The Company may also share Personal Information with our healthcare data exchange partners that assist the Company in enhancing the quality and accuracy of the System and related services, including to obtain additional information regarding potential medical incidents and emergencies, such as the location of hospital admissions, discharge and medication instructions, and other Personal Information. The Company may also share Personal Information with managed care providers that help facilitate, refer, and/or administer the Company’s provisioning of the System and related services to Subscribers. Finally, the Company may share Personal Information to respond to subpoenas, court orders, or other legal process or as otherwise required by law, to prevent fraud or other illegal activities, to prevent bodily harm to a Subscriber or another party, to establish or preserve a claim or legal defense, and in connection with a corporate restructuring, merger, or sale of assets, or divestiture. With regard to any outsourcing or sharing of Personal Information, the Company is not liable to the Subscriber for the acts or omissions of third parties.

California Residents: Applicable California law provides California residents with specific rights concerning their Personal Information. If you are a California resident or if you otherwise believe that applicable law provides you with data access rights, please refer to the “Your Choices and Rights” section of the Company’s website privacy policy found on the Company’s website home page for information on contacting us to inquire about data access rights.

Residents of Other Jurisdictions: If applicable law provides you with the right to review, correct, update, or delete Personal Information that you previously have provided to us, please contact us using our contact information located in the “Contact Information” section of the Company’s website privacy policy found on the Company’s website home page should you wish to do so. We will respond to your request consistent with applicable law.

16. SELF-PROTECTION/SUBSCRIBER DUTIES: The Subscriber acknowledges that the System is intended to assist in enhancing the Subscriber’s personal safety but does not guarantee protection against injury, illness, or other harm. The System is not a substitute for common sense, personal vigilance, or medical supervision. The Subscriber is encouraged to utilize all additional health and safety measures available, including, without limitation, basic health precautions, adherence to medical advice, and use of other medical or assistive devices as appropriate.

17. 14-DAY MONEYBACK GUARANTEE. If, and only to the extent, Subscriber has purchased Equipment from the Company pursuant to a written purchase arrangement, the following terms shall apply to such purchased Equipment: (a) The Company provides a fourteen (14) day money-back guarantee on purchased Equipment (the “Guarantee Period”). The Guarantee Period begins on the date Subscriber receives the Equipment. This guarantee applies solely to the purchase price paid for the Equipment and expressly excludes any activation fees, installation fees, shipping and handling charges, monitoring or subscription fees (including without limitation the three (3) month minimum non-refundable monitoring charge referenced in Section 1), the one-time, non-refundable programming fee, the $35.00 non-refundable restocking fee, and any other service fees incurred prior to return; (b) to be eligible for a refund under this Section, Equipment must be returned to the Company within the Guarantee Period in good working condition and free from excessive damage, as determined by the Company in its reasonable discretion; (c) Subscriber may return the Equipment during the Guarantee Period without the need for a Return Merchandise Authorization (RMA). Subscriber may also contact Customer Care to request cancellation or return instructions by phone at 1-800-635-6156 or by email at CaresSupport@lifeline.com. Subscriber shall include in the return package Subscriber’s name, account number (if applicable), and current contact information to ensure proper processing. Subscriber is responsible for all return-shipping and handling costs unless otherwise required by applicable law; (d) refunds will be processed to the original form of payment within thirty (30) days after the Company receives the returned Equipment and completes its inspection, unless a different method or timing is required by applicable law. A $35.00 non-refundable restocking fee will be deducted from any refunds under this Section. The Company reserves the right to deduct from the refund any amounts attributable to missing components or damage beyond normal wear; (e) the money-back guarantee in this Section does not apply to (i) monitoring, subscription, or service fees already billed; (ii) optional services, including without limitation installation or nurse line services; or (iii) Equipment damaged due to misuse, negligence, or unauthorized modification. For the avoidance of doubt, Subscriber’s obligations under Section 1 with respect to the three (3) month minimum monitoring charge and the one-time, non-refundable programming fee shall remain in full force and effect and are not refundable under this Section. This Section concerns only refunds of the Equipment purchase price for purchased Equipment and does not affect any obligation to return Company-owned Equipment upon termination of Services as set forth in Section 2. The Company may revise or discontinue the money-back guarantee described in this Section at any time on a prospective basis; provided, however, that any such revision or discontinuation shall not affect purchases made prior to the effective date of the change. As further set forth in Section 29 below, your state may provide additional cancellation, refund, or consumer protection rights that supersede portions of this 14-day moneyback guarantee policy. To learn about your specific state rights, visit your state’s Attorney General website or contact your state consumer protection agency. If your state law provides greater protections than this policy, those state law protections will apply.

18. SYSTEM USE/SUBSCRIBER’S DUTIES: The Subscriber understands that certain laws, regulations, ordinances, or rules imposed by governmental authorities, utilities, property owners, homeowner’s associations, or other third parties may restrict or otherwise affect the installation or operation of the System or related services. The Subscriber is solely responsible for complying with all such legal or regulatory requirements, including obtaining any necessary permissions or approvals.

19. PHYSICAL RESPONSE: The Subscriber is advised that certain jurisdictions may impose additional requirements for emergency response. These may include mandates that a medical alarm signal reported to emergency responders also be simultaneously reported to a separate 24-hour response entity that is contractually obligated to respond within a designated time period. It is the Subscriber’s responsibility to determine whether such requirements apply in their area and to ensure compliance.

20. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT AN INSURER AND THAT IT IS THE SUBSCRIBER’S SOLE RESPONSIBILITY TO OBTAIN AND MAINTAIN INSURANCE COVERAGE FOR ANY LOSS, DAMAGE, PERSONAL INJURY, OR DEATH THAT MAY OCCUR ON OR ABOUT THE SUBSCRIBER’S PREMISES. THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SYSTEM AND RELATED SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS. THE FEES CHARGED BY THE COMPANY ARE NOT INTENDED TO SERVE AS INSURANCE PREMIUMS AND DO NOT ASSUME THE RISK OF LOSS.

THE SUBSCRIBER FURTHER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR CLAIM ARISING BEFORE, DURING, OR AFTER THE TERM OF THIS AGREEMENT—INCLUDING ANY CLAIM ARISING FROM THE IMPROPER PERFORMANCE OR FAILURE OF THE SYSTEM, DELAY IN SERVICE, INTERRUPTION OF COMMUNICATIONS, OR ACTS OR OMISSIONS BY THE COMPANY OR ITS EMPLOYEES, AGENTS, SUPPLIERS, OR SUBCONTRACTORS—WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF CAUSED BY THE ACTIVE OR PASSIVE, SOLE, JOINT, OR CONCURRENT NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF THE COMPANY OR ANY THIRD PARTY.

IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON THE COMPANY, SUCH LIABILITY SHALL BE STRICTLY LIMITED TO A MAXIMUM SUM OF $1,500.00, WHICH SHALL BE THE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY, REGARDLESS OF THE NATURE OF THE CLAIM OR CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO CLAIMS FOR GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

21. INDEMNIFICATION; JURY TRIAL WAIVER; WAIVER OF SUBROGATION: Subscriber agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, suppliers, subcontractors, and affiliates (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, expenses, penalties, and costs of any kind (including reasonable attorneys’ fees and costs of suit), whether asserted by a third party or arising out of a claim brought by the Subscriber’s insurance or bonding company, that arise from or relate to the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording, operation, or non-operation of the System, the Equipment, or any Central Station facilities. This indemnity applies regardless of whether such claims arise in contract, tort (including negligence, gross negligence, or strict liability), equity, or under any statutory or regulatory theory, and regardless of whether the alleged fault is attributable in whole or in part to the Company or any Indemnified Party.

Subscriber expressly waives the right to a jury trial in any legal proceeding arising out of or relating to this Agreement, the System, or any services provided hereunder, to the fullest extent permitted by law.

Subscriber waives all rights of subrogation or other recovery against the Company by Subscriber’s insurers or others claiming through Subscriber.

22. FULL AGREEMENT: This Agreement, including any addenda, attachments, exhibits, and other documents which incorporate by reference this Agreement or are otherwise entered into by the Parties in connection with this Agreement, including but not limited to, a Care Compass Addendum, constitutes the full understanding by and between the Parties hereto, and may not be amended or modified, except in writing signed by both Parties. This Agreement shall not be binding upon the Company unless signed by an authorized officer.

23. ASSIGNMENT: It is specifically agreed that the Subscriber shall not be permitted to assign this Agreement without the prior written consent of the Company, and any such assignment without such prior approval shall be deemed a breach of this Agreement. The Company shall have the right to freely assign this Agreement in its sole discretion and upon such assignment, the Company shall be relieved of any obligations created hereby.

24. INVALID PROVISIONS: In the event that any of the terms or provisions of this Agreement shall be invalid or inoperative, all of the other terms thereof shall remain in full force and effect.

25. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Pennsylvania.

26. UPDATES: The Company may amend this Agreement at any time by posting updated versions on the Company’s website and/or by sending a copy of the updated Agreement to the Subscriber’s mailing address or email address on file. While the Company may request that the Subscriber sign or otherwise acknowledge receipt of an updated Agreement, the enforceability of such updated Agreement is not conditioned on the Subscriber’s signature or acknowledgment. Subscriber’s acceptance of an updated Agreement may occur through any of the methods set forth in Section 1 (Acceptance), including without limitation by continued use of the System after such updates.

27. CELLULAR BASED SOLUTIONS: Subscriber acknowledges and understands that the use of cellular-based Personal Emergency Response Systems involves inherent risks relating to the availability, quality, and reliability of cellular signals and service. Cellular communications are subject to numerous factors outside the control of the Company, including, but not limited to, building construction and materials, atmospheric conditions (such as weather), terrain, distance from transmission towers, signal strength, battery condition, network congestion, cellular tower functionality, and interference from other devices. Subscriber further acknowledges that such systems rely on third-party wireless carriers—such as AT&T, Verizon, T-Mobile, and others—whose networks and services are not owned, operated, or controlled by the Company or its affiliates.

Subscriber understands and agrees that even if a cellular-based solution appears to function properly at the time of installation, testing, or activation, it is the Subscriber’s sole responsibility to regularly monitor signal strength, battery levels, and network service quality. The Company does not maintain, operate, or monitor the underlying cellular networks, and cannot guarantee system functionality or timely emergency response unless all components of the system, including cellular connectivity, are operating properly and providing sufficient signal strength.

Subscriber is strongly advised to test the System on a regular basis to detect any degradation in performance or connectivity. Subscriber further acknowledges that there may be additional risks or limitations related to the transmission of signals from the System to the monitoring center that are not explicitly described herein. Subscriber understands and accepts that cellular technology is inherently fallible and may fail without warning. Accordingly, Subscriber voluntarily assumes all risks associated with the use of cellular-based solutions and hereby releases and discharges the Company, its officers, employees, shareholders, contractors, representatives, and vendors from any and all liability, claims, or damages arising out of or related to the failure, delay, or inability to transmit emergency signals or communications over cellular networks.

28. GPS LOCATION TECHNOLOGY AND SERVICES: Subscriber understands and acknowledges that mobile Personal Emergency Response Systems rely on Global Positioning System (GPS) technology to attempt to determine the Subscriber’s location in the event of an emergency. Subscriber further understands that GPS-based location data may be imprecise, delayed, unavailable, or inaccurate due to factors including, but not limited to, terrain, atmospheric conditions, building structures, interference, or technical limitations of the device or network. Subscriber also acknowledges that the operation of such systems is dependent on the availability and reliability of third-party cellular networks, which may be subject to disruption, degradation, or failure beyond the control of the Company. Subscriber expressly assumes all risks associated with the use of GPS and cellular-based services and hereby releases and discharges the Company, its officers, employees, shareholders, agents, contractors, vendors, and affiliates from any and all liability, claims, damages, or losses arising from or relating to the transmission or failure to transmit any emergency signal, communication, or location information over cellular networks or through GPS-based services.

29. CONSUMER CANCELLATION RIGHTS: If the laws of your state grant you a non-waivable right to cancel an online or telephone purchase of a personal emergency response system, medical alert device or related monitoring service, those statutory rights will apply to your purchase in addition to the contractual rights described in this Agreement. For example, if you are a New York resident and this Agreement constitutes a personal emergency response service agreement under New York law, you may have the right to cancel this Agreement, with or without cause, at any time prior to midnight of the seventh business day after the date you sign or otherwise accept it. We will honor any such rights in accordance with applicable law, including any required time periods, refund obligations, and notice procedures. Nothing in this Agreement is intended to limit, modify, or waive any non-waivable rights you may have under applicable federal or state law. You may cancel by e-mailing, mailing, faxing, or delivering a written notice of cancellation to the Company at its address listed in this Agreement or by contacting Customer Care at 1-800-635-6156 or CaresSupport@lifeline.com by the deadline stated above. If you cancel under this Section, any amounts you paid prior to cancellation will be refunded in accordance with applicable law.

30. License Information: FL #EF20001169; AZ #20350-0; CA #ACO7931.