Lifeguard Warranties

Life Guard’s Satisfaction Guarantee
If you are not satisfied with an item for any reason, you may call Life Guard Customer Service at (888) 710-0911. You have 30 days from the date of purchase to cancel your purchase with Life Guard and request a refund. Cancellation requires you to contact Life Guard and request a return authorization number. You must return the entire system in working, usable condition to Life Guard. The system must be received by Life Guard on or before 30 days from the purchase date.

Limitation of Warranties
If the System fails to function during the term of this contract or any renewal thereof due to a defect in materials, workmanship or design, Life Guard shall, at its sole option, repair or replace the System at its expense, and shall be Subscriber's sole and exclusive remedy for any breach of warranty by Life Guard. The foregoing limited warranty does not cover failure to function caused by damage to the System while in your possession, improper installation, unreasonable use or abuse of the System, failure to provide proper maintenance or to follow the written instructions provided.

THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE SUBSCRIBER. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE LIMITED IN EXTENT AND DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL VigilONE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

TERMS AND CONDITIONS OF SERVICE:
1. Contract. This is a contract between the Subscriber and Life Guard Personal Emergency Response Systems, hereinafter referred to as Life Guard. Subscriber includes the Subscriber and User identified on the front of this contract. Subscriber and Life Guard agree to the provisions set forth on this form.

2. Subscriber's Obligations. Subscriber agrees to read this contract and the written instructions and options provided with the Life Guard Personal Emergency Response System (hereinafter referred to as System) prior to installation. Subscriber agrees to test the System monthly by activating the personal transmitter. This and all other transactions with the monitoring center are electronically recorded. Subscriber is responsible to inform Life Guard of any changes in any information supplied for use in emergencies.

3. Term of Contract. This contract starts on the date shown on the front page as Date On-Line. This contract is Quarterly, as stated on the front page immediately after Monitoring Service Fee. The contract will continue automatically on a quarterly basis after the initial term, provided the Subscriber or Life Guard does not give advanced written notice to the other canceling the contract. If Subscriber cancels service, the System must be returned to Life Guard prior to the cancellation taking effect. Accounts are active and billable until Life Guard receives all components of the System supplied by Life Guard to Subscriber.

4. Payment. By accepting this contract the Subscriber authorizes Life Guard to charge Subscriber's credit card on file or debit checking account for payment. Subscriber agrees to pay in full the Emergency Call Response Monitoring Service Fee, hereinafter referred to as the Monitoring Service, indicated for a period of not less than the term of service indicated. Subscriber may pay in advance up to 12 months payment to insure that the monitoring fee will not change for up to 12 months. Life Guard may impose a late fee of $10.00 per month on any past due account. Past due accounts may be charged $350.00 for System if account remains in a delinquent status and System is not returned.

5. Contract Termination. If the System is destroyed or substantially damaged by fire or other catastrophe making it impractical to continue service, then either Life Guard or the Subscriber may cancel this contract by giving written notice to the other. If the Subscriber does not pay any amount owed to Life Guard by the tenth (10th) day after such payment's due date, Life Guard shall have the right to cancel this contract and terminate service ten (10) days after written notice is sent to the Subscriber. If service is terminated by the Subscriber, cancellation is effective the date all System is received by Life Guard. Whether cancellation is by Life Guard or the Subscriber, failure to return System will result in a charge of $350.00 to cover the cost of System. Life Guard reserves the right to require System return at any time.

6. Services Provided. Life Guard agrees to provide and perform the following services: Continuous 24-hour monitoring service of designated signals from the System on the Subscriber's premises. Upon receiving a signal from the System, Life Guard shall use reasonable efforts to orally notify the appropriate emergency agency or other persons designated on the Subscriber’s Emergency Contact Forms, by telephone, advising of the existence and nature of such signal. Life Guard 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 Emergency Contact Forms.

7. Installation Requirements. Life Guard recommends connection to an RJ31X telephone jack supplied by a local telephone company when telephone extensions are present in the Subscriber's residence. Your RJ31X jack, installed by the telephone company, shall be billed by it. Failure to install an RJ31X telephone jack by Subscriber shall relieve Life Guard of any and all liabilities for any failure to communicate that may occur as a direct result of such failure. Service requires connection to a private telephone line. Life Guard is not responsible in any way for the operation or maintenance of any appliance, instrument, or the telephone system to which the System is connected.

8. Authorization. This agreement authorizes Life Guard to release any information provided on the Subscriber Forms to anyone as deemed necessary. Subscriber authorizes Life Guard, itself or through others, to enter the premises to install, maintain, and remove the System and to make inspections, tests, repairs and changes to the System. Life Guard shall have no obligation to repair or redecorate or pay the repair or redecoration of any portion of the premises or appliances in the premises upon removal of the System.

9. Service Interruptions. Life Guard shall not be liable for any delay or non-delivery of the System caused by circumstances beyond Life Guard's direct control. Life Guard shall have no liability for any delay in the installation or maintenance of the System or for interruption in service due to any cause beyond its control. Life Guard shall resume performance of its contract obligations after the cause for delay or interruption has been corrected.

10. Limitation of Liability. Life Guard is not an insurer and the amount charged is based only on the value of the Monitoring Services provided. Life Guard cannot guarantee in any way that the System will prevent accidents, death or personal injury to you or others, fire, property damage, illegal entry or undue delay in any emergency service response from occurring and is not liable in any manner for any loss or damage resulting therefrom. Life Guard is not responsible or liable for any injury, loss or damage caused by persons responding, failing to respond, or failing to respond promptly to Subscriber's alarms. Life Guard is not responsible or liable for any injury, loss or damage caused in whole or in part by damage to the System while in your possession, improper installation, unreasonable use or abuse of the System, failure to provide proper maintenance or to follow the written instructions provided.

11. Limitation of Damages. Except as limited above, should any loss, damage or injury occur to the premises, or to any person or property on the premises, as a result of a failure of the System, the liability, if any, of Life Guard shall be limited to Two Hundred Fifty ($250.00) Dollars as liquidated damages and this remedy shall be exclusive. In no event will Life Guard be liable to Subscriber for consequential, special or other damages of any nature. This limitation applies irrespective of the nature, severity and cause of such injury, loss or damage, and irrespective of the legal theory of liability asserted against Life Guard.

12. Indemnification. Subscriber agrees to and shall indemnify, defend and hold harmless Life Guard, its employees and agents for and against all claims, lawsuits and losses of every nature, irrespective of legal theory, brought or sustained by persons or entities other than Subscriber. The Subscriber agrees to pay any costs and charges related to unnecessary alarms caused by acts or omissions of the Subscriber or persons residing with or visiting Subscriber.

13. Limitation of Warranties. If the System fails to function during the term of this contract or any renewal thereof due to a defect in materials, workmanship or design, Life Guard shall, at its sole option, repair or replace the System at its expense, and shall be Subscriber's sole and exclusive remedy for any breach of warranty by Life Guard. The foregoing limited warranty does not cover failure to function caused by damage to the System while in your possession, improper installation, unreasonable use or abuse of the System, failure to provide proper maintenance or to follow the written instructions provided.

THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE SUBSCRIBER. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE LIMITED IN EXTENT AND DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL VigilONE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

14. Agents. Life Guard reserves the right to appoint an agent to perform its monitoring service obligations. Such agent shall be entitled to avail itself of any contract provision or defense available to Life Guard with respect to any claim or cause of action whatsoever arising out of this agreement.

15. Time Limitations. Subscriber must commence any claim for damages against Life Guard within one year of when Subscriber knew or should have known of such claim for damages. Any such claim not filed within one year shall be forever barred.

16. Law Governing, Venue & Waiver Of Jury Trial. This contract is made in, and shall be governed by the laws of the State of California. Any and all legal proceedings instituted against Life Guard by Subscriber shall be commenced in California. Notwithstanding the above limitation, Subscriber waives his/her right to a jury trial in any jurisdiction concerning any claim against Life Guard.

17. Survival. If any sentence or provision of this contract is determined to be unenforceable, then the remaining sentences and provisions will remain a part of this contract without the unenforceable sentence or provision.

18. Assignment, Successors and Assigns. This contract is non-transferable by the Subscriber to any person without the prior written consent of Life Guard. This contract is fully assignable by Life Guard. All the terms and provisions of this Contract shall be binding upon Life Guard's and Subscriber's heirs, personal representatives, transferees, successors and assigns.

19. Website. Life Guard does not guarantee the performance or the availability of the website at a particular time or for a particular purpose. Life Guard also does not guarantee, represent, or warrant that the website will be error-free, free of any viruses or other harmful components, or that any errors or defects in the website will be corrected. Life Guard reserves the right in its exclusive discretion at any time without notice to amend, limit, modify, suspend, or terminate the website

20. Entire Agreement. This contract contains the entire agreement between the Subscriber and Life Guard and can be changed only by a written document signed by the Subscriber and Life Guard.

All rights are reserved. The content of this website is protected and may not be reproduced in any form including digital and print for any commercial and/or non-commercial purpose without explicit written permission of Life Guard.

LIFE GUARD^® SHOPPING POLICY:
Life Guard values you as a Subscriber and your right to privacy. Except as may be otherwise required by law, Life Guard will exercise commercially reasonable efforts to ensure that your personal information remains confidential and available only to Life Guard, and its employees, agents, and contractors. Life Guard will not sell your personal information to third parties. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout.

It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.

Notwithstanding any statements on the web pages or these bullet points, the Terms and Conditions are the agreement between you and Life Guard. By submitting each order, you confirm and affirm that you have read, understood and agree to the Terms and Conditions of the form in which they appear at the time the order is submitted at checkout.

1. Offer and acceptance. By submitting a completed order form, you offer to purchase, on and pursuant to these Terms and Conditions and the order form, the items (collectively, “Product”) you select and submit to Life Guard for purchase via the order form. It shall be in Life Guard’s discretion to accept or reject your order. If Life Guard accepts your order, these Terms and Conditions and the order form collectively constitute a legal agreement between Life Guard and the Subscriber governing Subscriber’s purchase of the Product from Life Guard over the online shopping service.

2. Responsibilities. If Life Guard accepts your order, Life Guard shall, in return for your payment, provide the Product which you order through the online shopping service. The Product shall be delivered to the delivery address you designate. Your payment for the Product and shipping, including sales taxes and assessments, is due upon completion of your order online. Life Guard will charge the payment to the credit card or bank checking account which you submit to Life Guard, and will collect the payment from your bank. You authorize Life Guard to make and collect such charge and any recurring payments for service, and agree to make payment to Life Guard if Life Guard cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the order form, plus all applicable sales taxes and shipping charges, as reported to you as the “TOTAL” in the order form.

3. Product Pricing and Shipping Charges. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. Shipping charges may also change from time to time, however; you will be charged the shipping charges quoted at the time you submit your order at checkout.

4. Communications. Life Guard shall conclusively presume that online communications received from you through your use of the online order form and registration process are accurate, complete, and authorized by you as received by Life Guard. You agree not to contest the validity and binding legal effect of those communications.

5. Shopper Registration. You agree to complete the initial registration process according to Life Guard’s requirements stated on the Web site, and to provide Life Guard with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery addresses, and telephone number. You must provide Life Guard with an accurate and complete credit card number and expiration date or bank account information at the time of submitting your online purchase order. You represent and warrant to Life Guard that your use of any credit card or bank account is authorized and legal.

6. Shopper information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.

7. Delivery. Life Guard shall have the Products delivered to you at a single delivery location you designate that is within the delivery areas authorized by Life Guard.

8. Life Guard’s Satisfaction Guarantee. If you are not satisfied with an item for any reason, you may call Life Guard Customer Service at (888) 710-0911. You have 30 days from the date of purchase to cancel your online purchase with Life Guard and request a refund. Cancellation requires you contact Life Guard and request a return authorization number. You must return the entire system in working, usable condition to Life Guard. The system must be received by Life Guard on or before 30 days from the purchase date.

9. Disclaimer of Warranty. Life Guard’s online shopping services are provided on as “AS IS”, “AS AVAILABLE” basis, and Life Guard does not provide any assurances of the availability or usability by you of the online shopping services. Life Guard makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site.

10. Limitation of Liability. Life Guard shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Life Guard.

11. Confidentiality. Life Guard values you as a Subscriber and your right to privacy. Except as may be otherwise required by law, Life Guard (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with Life Guard’s online shopping services or otherwise for Life Guard’s general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the Life Guard’s online shopping service or Life Guard’s general business purposes. Life Guard may, and reserves the right to, use and disclose internally within Life Guard any aggregated information, including information you provide to Life Guard, regarding Life Guard’s Subscribers and usage of the online shopping service, for any purpose.

12. Applicable law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between Life Guard and you regarding the online shopping services, are governed by laws of the State of California without regard to conflict of laws rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in California.

13. Changes to Terms and Conditions. Life Guard reserves the right to, from time to time, with or without notice to you, in Life Guard’s sole discretion, amend the Terms and Conditions for use and purchases regarding the online shopping services. Any amendments by Life Guard will be effective only as to orders you place subsequent to Life Guard’s revisions of these Terms and Conditions on the web site to reflect the amendments. It is your responsibility to review the Terms and Conditions prior to submitting each order and Life Guard has no responsibility to notify you of any changes prior to effectiveness of the changes or otherwise.

14. Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and Life Guard regarding your online purchases. All statements otherwise made on the web site are intended only for your convenience and do not form and are not included in the terms for your purchase.

15. Taxes. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Life Guard and you must timely pay such taxes or amounts.

16. Life Guard’s Right to Refuse Service. Life Guard, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. Your acceptance of delivery constitutes acceptance of the terms and conditions of this agreement. This agreement is subject to all of the provisions contained on the front and back of this document. Please read them carefully. If you have any questions concerning this contract or your service, please call Life Guard at (888) 710-0911. All telephone calls to Life Guard may be electronically recorded for quality assurance. You may cancel this agreement without penalty or obligation at any time within 30 days after the date of this transaction. See attached Notice of Cancellation Form for an explanation of this right (Provided with system when shipped). We are providing you two copies of this agreement. Please sign one copy of this agreement and return it to Life Guard in the enclosed self-addressed stamped envelope. Life Guard retains the right to terminate this agreement if it does not receive a signed copy as requested.