Monitoring Agreement Terms and Conditions

1. Binding Agreement

This is a contract between the Subscriber and KAB In Home Health Care Services, DBA, Alert Care Ohio, hereafter (“KAB”) By signing this contract, you agree to the provisions set forth in the Terms and Conditions and the Subscriber Contract. This Agreement shall be deemed binding on the Parties upon the earliest of the following: Subscriber’s verbal or written agreement to the terms of use; use of the System; failure to return the System within seven (7) calendar days after delivery; or payment for the System or Services. The Parties acknowledge and agree that KAB may update these Terms and Conditions during the life of the Agreement and that these updates shall be incorporated by reference. KAB shall bear responsibility for informing Subscriber of any changes of modifications to the Terms and Conditions.

2. 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 KAB or Subscriber as noted below.

3. Termination

For Ohio Medicare, Medicaid and Waiver Customers: Subscriber may terminate this Agreement at any time for any reason by returning the System and any equipment to KAB at 9853 Johnnycake Ridge Road, #200 ​Concord, Ohio 44060. Subscriber’s termination is not effective until KAB’s receipt of any and all equipment or systems provided by KAB to Subscriber. KAB may terminate this Agreement at any time for any reason. KAB’s termination is effective immediately upon notice to Subscriber or Subscriber’s Representative. Upon termination, KAB shall cease to provide and/or charge for future services.

For Private Pay Customers: Subscriber may terminate this Agreement at any time for any reason by notifying KAB, in writing, of said Agreement Termination. Subscriber’s termination is not effective until KAB’s receipt of said notification by Subscriber or Subscriber’s Representative. Upon termination, KAB shall cease to provide and/or charge for future services. Subscriber shall retain any and all equipment or systems provided by KAB to Subscriber, as said equipment shall be considered the property of Subscriber. Written termination shall be sent to KAB at 9853 Johnnycake Ridge Road, #200 ​Concord, Ohio 44060.

4. Ownership and Repair of Equipment

For Ohio Medicare, Medicaid and Waiver Customers: The Subscriber acknowledges that the personal alarm product(s) installed is/are the property of KAB. Upon termination of this Agreement by either party, all product(s) must be returned in good working order. Should the Subscriber cancel this Agreement and fail to return the product(s) within ten (10) days, the Subscriber shall be obligated to pay KAB. The retail cost of the product(s) plus actual sales taxes, or $395.00, whichever is greater. Should the equipment be lost, stolen, damaged or destroyed while in the Subscriber’s possession, the retail cost or $395.00, whichever is greater, will also be payable to KAB by Subscriber.

For Private Pay Customers: The Subscriber acknowledges that the personal alarm product(s) installed or delivered by KAB, shall be the property of Subscriber, upon receipt by Subscriber. Subscriber shall be solely responsible for the upkeep maintenance, and repair of any and all equipment provided by KAB. Subscriber is solely responsible for alerting KAB and replacement equipment be required for the personal alarm system to properly function. Subscriber shall retain the personal alarm system upon termination of Subscriber’s Agreement with KAB. A product protection plan may be purchased from KAB at the expense of Subscriber.

5. Monitoring Services

KAB agrees to have performed the following basic monitoring services:

(A) Continuous 24 hour monitoring service for the desired monitoring options chosen in the Subscriber Contract from the KAB Personal Emergency Response System (hereinafter referred to as “PERS”) installed on the Subscriber’s premises. Upon receiving a signal from the PERS, the monitoring center shall use reasonable efforts to notify the appropriate emergency agency or other persons designated on the Subscriber’s Profile by telephone. KAB’s obligation shall be limited to advising the appropriate emergency contact of the existence and nature of such signal. Subscriber is responsible for updating KAB with telephone number changes for those on the contact list.

(B) KAB shall pay any telephone toll (Long distance) charges for incoming calls to the monitoring station and for notifying the appropriate party designated on the Subscriber’s Profile.

(C) KAB recommends connection to an RJ31X telephone jack supplied by a local telephone company when telephone extensions are present in the Subscriber’s residence. Subscriber’s RJ31X jack installed by the telephone company shall be billed to subscriber by the telephone company. Failure to install an RJ31X telephone jack by Subscriber shall relieve KAB of any and all liabilities for any failure to communicate that may occur as a direct result of such failure. Service requires connection to an active private telephone line. IMPORTANT: KAB is not responsible in any way for the operation, failure to operate, maintenance or lack of maintenance of Subscriber’s telephone or internet service, telephone jack or any appliance, instrument, or other device to which the KAB PERS is connected.

(D) KAB is not responsible in any way for the operation, failure to operate, maintenance, or lack of maintenance of Subscriber’s power source.

(E) RELEASE OF INFORMATION: This Agreement authorizes KAB to release protected health information to any person or entity whose name is included on the Customer Profile or other subscription information, emergency medical personnel, or any other providers who may be involved in responding to an alert.

(F) KAB has the ability and legal right to change monitoring centers if that need ever arises without notifying the subscriber.

6. Fall Detection Technology

The System may utilize fall detection technology to signal 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 in the event of a fall and/or may send a false alarm. You should always press your button after a fall.

7. Service Payment

Subscriber agrees to pay the total monthly monitoring fee as indicated in the Subscriber Contract in advance. If the Subscriber terminates this Agreement after expiration of the initial three-day cancellation period for any reason whatsoever during the month, KAB. still retain all amounts paid by Subscriber and will not be required to return same. YEARLY OPTION· If the subscriber, spouse, member of subscriber’s family, friend, or anyone cancels the service and returns the KAB equipment before the year agreement expires, KAB will pro-rate your account for the service used based on the regular priced monthly monitoring fee to determine any refund. KAB reserves the right to increase the monthly monitoring fees at any time and will provide Subscriber with a 30 day advance notification of any such increase. If the Subscriber does not pay any amount owed to KAB by the fifteenth (15) day following the date due, KAB shall access a late fee of $5.00 per month until paid and/or will have the right to cancel this contract upon ten (10) days written notice to the Subscriber and at the end of the ten (10) days, to have the KAB service deactivated and/or the equipment removed

8. Payment Terms

(A) 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 8b, in addition to all other terms of the Agreement.

(B) 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 KAB to make a one-time installation fee, if applicable, as well as recurring monthly service charges for payment. In addition, you hereby authorize KAB 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.

9. File of Life

The File of Life Information Is the sole responsibility of the Subscriber or Subscriber’s family to complete. The File of Life contains important medical Information about the subscriber’s health condition and history. It must always be updated. KAB is not responsible for completing, maintaining or updating the File of Life.

10. Access

Subscriber authorizes KAB itself or through others to enter Subscriber’s home to install, maintain, and/or remove the product(s) and to make inspections, tests, repairs and changes to the system upon reasonable advanced notice. IMPORTANT: KAB shall have no obligation to repair, redecorate or pay the repair or redecoration of any portion of the premises or appliances in the premises upon removal of the product(s). Subscriber herby releases KAB from any loss, damage, injury or other liability resulting from Subscriber’s failure to grant access to KAB when necessary. KAB will not be responsible for any oral changes. All transactions must be followed by written confirmation initiated and signed by Subscriber within ten (10) days.

11. Forcible Entry

You authorize KAB 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. KAB 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.

12. General Technology Release

KAB is not liable for any technical failures that impact the Service. Subscriber understands that even if connections work well at activation, Subscriber is responsible for monitoring signal strength, equipment function, power/battery and service quality on an ongoing basis. KAB 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, including at least weekly by activating the personal transmitter (Neck or Wrist Pendant) to ensure there is adequate battery strength in the transmitter to identify any problems or malfunctioning issues with the System. You release KAB from any and all liability related to the transmission of signals or communications.

13. 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. KAB 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 KAB 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 KAB. Any failure of third-party services could result in failure of the System and the inability to provide timely and adequate Service.

14. 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 KAB or KAB’s agents receive 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 KAB’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 KAB to disclose the location of the System to Responders.

15. Monitoring

You acknowledge that KAB 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 KAB has access under this agreement or which is being transmitted through the System. KAB makes no interpretation, evaluation, or medical judgments for treatment. KAB does not provide clinical advice. KAB’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.

16. Product Limitations

Subscriber acknowledges that the functions of the KAB PERS and the different options that are available have been explained to him, her and or family member, loved one or friends, understands the functions and limitations of the PERS product(s). Subscriber understands that the PERS product technology has a limited range and the transmission may be affected by metal objects and radio or electrical interference. The products are not designed to work through exterior walls or outside of the home. Subscriber may at any time request that the products be fully tested In the home for the purpose of establishing range and efficacy in the Subscriber’s home. The Subscriber understands that movement of the base unit once it has been installed may affect the range and efficacy of the PERS product.

17. Privacy Policy

You acknowledge that you have received the Notice of Privacy Practices and understand your rights and KAB’s responsibility for protecting your Personally Identifiable Information. The Parties acknowledge and agree that the KAB may update this Privacy Policy at any time and that these updates are incorporated by reference. A copy of KAB’s privacy policy concerning use of KAB’s website is available at alertcaremedical.com/privacypolicy.

18. Agents

KAB reserves the right to appoint an agent to perform monitoring services. Such agent shall be entitled to avail itself of any defense limiting liability, liquidated damages or the like which would be available to KAB with respect to any claim or cause or action whatsoever arising out of this agreement.

19. Force Majeure

This Agreement may be terminated, without notice, by KAB 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. KAB assumes no liability for delays or interruption of services due to strikes, riots, floods, fire, lightning strikes, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of KAB and KAB will not be required to supply services during said interruption.

20. Warranty

You understand that KAB IS NOT AN INSURER OR MANUFACTEROR 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 KAB’s control, Accordingly, KAB 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.

21. Limitation of Liability

Subscriber agrees and acknowledges that KAB 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 KAB will receive a signal in every situation. Therefore, Subscriber understands, acknowledges and agrees to hold KAB or KAB’s agents harmless and indemnify and release KAB and KAB’s agents 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 KAB, its owners, officers, directors, employees, agents, affiliates or subcontractors (collectively “KAB 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 KAB or KAB’s agent’s action, inaction, omission, negligence, willful misconduct or any other response, you agree that KAB and KAB’s agents 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.

22. Indemnification

If any third party, including, without limitation, your heirs, executor, administrator and/or insurance company, asks or demands KAB, KAB representatives or KAB’s agents to pay for any damages, or there is a claim against KAB or KAB Representatives for any subrogation, indemnification or contribution, you agree to pay (without any condition that KAB, KAB’s Representative, or KAB’s agents first pay) for all losses, damages, costs, damages, expenses including, without limitation, attorney’s fees, which may be asserted against or incurred by KAB or its representatives and agents. Subscriber relieves KAB and KAB’s agents of all liability related to the use of an incorrect telephone number or other contact information, even if KAB or KAB’s agents are negligent.

23. Collection Costs

The Subscriber agrees to pay all costs incurred by KAB. in connection with delinquent accounts, including but not limited to court costs and reasonable attorney fees.

24. Assignment

You acknowledge that KAB 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 KAB. You cannot assign the Agreement or your obligations to anyone without KAB’s prior written consent.

25. 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.

26. Waiver of Statute of Limitations

Subscriber agrees that any claim, arbitration, or lawsuit relating to KAB’s Service Systems, or this Agreement must be filed no more than twelve (12) 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.

27. Severability

If a provision of this Agreement is or becomes (i) illegal under any applicable law or regulation, (ii) invalid or (iii) otherwise unenforceable, such illegality, invalidity or unenforceability shall not affect the validity of enforceability of any other term or provision of this Agreement. All waivers of the terms of this Agreement shall be in writing.

28. Entire Agreement, Amendments and Governing Law

This Agreement represents the entire agreement between the Subscriber and KAB 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. KAB shall inform Subscriber of any updates to the terms of this Agreement and said terms are incorporated herein by reference. This Agreement shall be governed by the laws of the State of Ohio.

29. 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.

This Agreement has been pre-signed by KAB in anticipation of acceptance by Subscriber, and hand-written or other changes to this agreement without KAB’s prior written approval are hereby rejected and will not be binding or enforceable against KAB.