Limited Warranty
This Limited Warranty applies to Products purchased in the United States, Canada, and/or Mexico. This is the only express warranty for this product created by the manufacturer, Mobile Alert Solutions, Inc., and is in lieu of any other warranty or condition. The product is warranted to be free from defects in material and workmanship for a period of one (1) year from the date of original purchase. During this period your exclusive remedy is repair or replacement of this product or any component found to be defective, at the manufacturers option and discretion. Your dealer may have offered you an Extended Limited Warranty and that Extended Limited Warranty is independent of and not part of this warranty.
This warranty does not cover batteries, or any problem that is caused by accident, vandalism, negligence or mistake, flood, water, lightning, fire, abuse, misuse, acts of god, and casualty or electrical surges. This warranty excludes all claims for special, incidental and consequential damages caused by breach of express or implied warranty. All liability is limited to the amount of the purchase price. Every implied warranty, including any statutory warranty or condition of merchantability or fitness for a particular purpose, is disclaimed except to the extent prohibited by law, in which case such warranty or condition is limited to the duration of this written warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation exclusion may not apply to you.
Our Limited Warranty is fulfilled through the Dealer or other third party who sold or leased you the Product and provides mPERS monitoring services.
To receive service or replacement for the product under this warranty send the defective Product, postage paid, with the original receipt and a brief written description of the problem to your Dealer. No reimbursement for repairs made by third parties will be provided and repairs by anyone other than Mobile Alert Solutions, Inc. voids this Limited Warranty.
END USER RESPONSIBILITIES FOR PRODUCT OPERATION
You agree that the product requires a rechargeable battery and cell phone reception on a cellular network. It is your responsibility to test the operation of this battery-operated device and recharge the batteries only with the supplied charging adapter when necessary. The Product communicates over air waves using a cellular network and may not operate in all areas and in all weather conditions. The Product and remote pendants must be used as intended and for no other purpose.
The Product is not intended for use by children or anyone who is not capable of understanding the purpose and how to use the Product and monitoring services. Pendants may have attachments which could cause strangulation if not used properly and Mobile Alert Solutions, Inc. has no responsibility for the misuse of the product.
You agree that the Product communicates through a cellular network and passes through communication networks wholly beyond the control of Mobile Alert Solutions, Inc., are not maintained by Mobile Alert Solutions, Inc. and Mobile Alert Solutions, Inc. is not responsible for any failure which prevents transmission signals from communicating your emergency condition.
Mobile Alert Solutions, Inc. is not responsible for your access to the cellular service or any interruption of service or down time caused by loss of cellular or any other mode of communication. Mobile Alert Solutions, Inc. is not responsible for the security or privacy of any wireless network system.
You agree that Mobile Alert Solutions, Inc. is the manufacturer of the Product and provides no installation, services, or monitoring of the Product. The Product is sold or leased by independent dealers not affiliated with Mobile Alert Solutions, Inc. Those independent dealers may provide the Product to end users desiring personal emergency response services monitoring. Upon activation of the Product, the Product is intended to communicate through a cloud portal via cellular service, and the signal is re-transmitted to the central monitoring office selected by your Dealer. Your Dealer, the cellular service, and the central monitoring office are independent of Mobile Alert Solutions, Inc., and Mobile Alert Solutions, Inc. has no responsibility or liability for their performance, failure to perform, or negligent performance to any degree.
SUSPENSION OR TERMINATION OF mPERS MONITORING SERVICE
You agree that your Dealer has contracted to pay Mobile Alert Solutions, Inc. or a distributor of your mPERS device to provide cellular airtime service and allow your mPERS device to connect to and function with our mobile app for your mPERS device. In the event your Dealer fails to pay Mobile Alert Solutions, Inc. for these services, or otherwise breaches any obligation your Dealer has agreed with Mobile Alert Solutions, Inc. or their distributor, Mobile Alert Solutions, Inc. may suspend or terminate your mPERS cellular airtime service without any prior or subsequent notice to you.
It is your Dealer’s responsibility to notify you that your mPERS cellular airtime services have been suspended or terminated. You should test your mPERS device regularly to ensure that there is adequate cellular service in your area where the device will be used, and that the device is communicating properly with the central monitoring office.
EXCULPATORY AND LIMITATION OF LIABILITY
You agree that Mobile Alert Solutions, Inc. is not an insurer, that the Product is designed to reduce certain risks of loss, though Mobile Alert Solutions, Inc. does not guarantee that no loss will occur and does not guarantee that its Product will prevent any loss, economic loss or non-economic loss, personal injury or death, or that communication will reach or cause response by appropriate party.
You agree that Mobile Alert Solutions, Inc. is not assuming liability, and, therefore, shall not be liable to you or any third party for any loss, personal injury or death as a result of the Product’s equipment failure or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by Mobile Alert Solutions, Inc. negligent manufacture of the Product, failure to adequately explain the use of the Product, any extra contractual or legal duty, strict products liability, or any other legal duty. You further agree that should there arise any liability on the part of Mobile Alert Solutions, Inc. as a result of its failure to perform, negligent performance to any degree or negligent failure to perform any of its obligations to you or any other legal duty, equipment failure, or strict products liability, that its liability shall be limited to the sum of $250.00.
LEGAL ACTION – ARBITRATION
You and Mobile Alert Solutions, Inc. agree that we may bring claims against the other only in our individual capacity and not as a class action plaintiff or class action member in any purported class or representative proceeding. Any dispute between you and Mobile Alert Solutions, Inc. or arising out of the purchase, use or monitoring of the Product, including issues of arbitrability shall, at the option of any party, be determined by arbitration administered by a single arbitrator administered by Arbitration Services Inc., under its Arbitration Rules. www.ArbitrationServicesInc.com.
Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal service addressed to the party’s address.
You and Mobile Alert Solutions, Inc. submit to the exclusive jurisdiction and laws of Nevada and agree that any litigation or arbitration between us must be commenced and maintained in the County of Clark, state of Nevada, unless such jurisdiction and venue is prohibited by law in your state where the Product was purchased and used. You and Mobile Alert Solutions, Inc. waive trial by jury in any action between us unless prohibited by law. You agree that any action or arbitration by you against Mobile Alert Solutions, Inc. must be commenced within one year of the accrual of the cause of action or shall be barred unless such shortened period is prohibited by the law in the jurisdiction where the Product was sold.
Any action or arbitration you bring against Mobile Alert Solutions, Inc. must be based on the provisions of this Limited Warranty; any other action or arbitration that you may have or bring against Mobile Alert Solutions, Inc. in respect to its Product shall be deemed to have merged in and be restricted to the terms and conditions of this Limited Warranty.