OVERVIEW: This website is operated by RescueTouch. Throughout the site, the terms “we”, “us” and “our” refer to RescueTouch. RescueTouch offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. ONLINE STORE TERMS: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS: We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES (if applicable): Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. SYSTEM ACTIVATION & COMMENCEMENT OF SERVICES: The system is delivered to the Subscriber fully pre-programmed, fully activated and monitoring account established if needed. The date upon which the system is delivered to the Subscriber shall be referred to as the “Effective Date” of this Agreement. Each time Subscriber uses or tests the Device, Subscriber re-confirms that he / she has read this Service Agreement and accepts, without exception or exclusion, all of the terms and conditions contained herein.
7. OPTIONAL MONITORING SERVICES: Monitoring service consists solely of monitoring service personnel alerting the persons, entities or agencies identified by Subscriber in writing to Company (“Responders”) upon the monitoring facility’s receipt of data or other communication from the System reporting conditions that require assistance (a “Response Condition”). During the term of this Agreement, the Center will provide seven (7) days per week, twenty-four (24) hours per day monitoring of the Device (the “Monitoring Service”) in accordance with the provisions set forth herein. The Device is connected to the Center’s monitoring network. When an emergency signal from the Device is received by the Center, the Center shall, without warranty, make every reasonable effort to promptly contact you and, if the Center determines that it is necessary in its reasonable judgment, notify the appropriate emergency authorities (fire department, police, ambulance service, etc.) (collectively, the “Responders” and each a “Responder”). You represent that the emergency contact information provided by you to the Company is accurate. To avoid false alarms, the Center may first call your contact telephone number to determine if an actual emergency exists before contacting any Responder. If the Center has reason to believe that no actual emergency exists, the Center may choose not to place such call or notify any Responder. You hereby agree that the Center may rely absolutely on the statements of Subscriber, the Responders or any person acting on behalf of Subscriber or the Responder, with regards to responses to the location and condition of Subscriber. We may discontinue any particular form of response if required to do so by any governmental authority or insurance interest. You acknowledge and agree that the Device and all monitoring software, computer codes and monitoring information remain our sole and exclusive property. You further acknowledge that the Center shall not be obligated to perform the Monitoring Service during any time when the Device is inoperative.
8. SUBSCRIBER’S INFORMATION UPDATES: Subscriber agrees to keep current at all times the Subscriber information provided to Company including, but not limited to, home and mailing address, phone number(s), email address, billing & payment information, critical medical information, emergency contact/call lists, critical medications, etc. All changes, revisions and modifications of the Subscriber information must be supplied to Company, in writing.
9. DEVICE SET-UP & WEEKLY TESTING: Subscriber accepts sole and complete responsibility for THE initial installation, SET-UP, operation, maintenance and weekly testing OF THE DEVICE. Subscriber shall abide by Company’s written requirements for the installation and use of the Device. The Installation and Use Requirements are incorporated by reference in this Agreement as if set forth in full herein. Subscriber acknowledges receipt of a copy of the Installation and Use Requirements with the delivery of the Device. Company may re-publish the Installation and Use Requirements from time-to-time and Subscriber shall be bound thereby upon Company’s delivery thereof to Subscriber. Weekly testing of the System is required to insure System is functioning correctly. If subscriber is unable or chooses not to test ALL OF THE DEVICE FUNCTIONS every week, subscriber agrees to release and hold harmless Company from any/all liability should the DEVICE fail to operate in the event of an ACTUAL emergency.
10. THE DEVICE AND THE MONITORING SERVICE HAVE CERTAIN LIMITATIONS: IN CONSIDERATION FOR THE PROVISION OF THE DEVICE AND THE MONITORING SERVICE, YOU ACKNOWLEDGE THAT NEITHER WE, THE CENTER NOR ANY OF OUR SUPPLIERS OR SUBCONTRACTORS REPRESENT OR WARRANT THAT THE DEVICE OR THE MONITORING SERVICE WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, OR ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE DEVICE AND YOU OR OTHERS WHO USE THE DEVICE DO NOT AND HAVE NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY THE COMPANY, THE CENTER OR ANY OF OUR SUPPLIERS OR SUBCONTRACTORS TO THAT EFFECT. SUBSCRIBER AGREES THAT THE CENTER IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY THE APPROPRIATE RESPONDERS AND IS NOT RESPONSIBLE FOR THE PROMPTNESS, SUFFICIENCY OR ADEQUACY OF THE ACTION OF ANY RESPONDER OR ANY THIRD PARTY ACTING AS A RESPONDER. SUBSCRIBER ACKNOWLEDGES THAT IN NO WAY DOES THE COMPANY REPRESENT OR GUARANTEE THAT THE RESPONDERS CAN BE CONTACTED, THAT THEY CAN OR WILL RESPOND, OR THAT ANY RESPONSE WILL BE SAFE OR EFFECTIVE.NEITHER WE NOR THE CENTER MAKES ANY REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR OR THE CENTER’S RESPONSE, AND NEITHER WE NOR THE CENTER HAVE ANY CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE DEVICE BEING USED. YOU FURTHER UNDERSTAND THAT WE OR THE CENTER MAY BE NEGLIGENT IN PROVIDING THE SERVICE, AND THE CENTER MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE DEVICE, OR THAT THE DEVICE MAY FAIL TO FUNCTION PROPERLY. IT IS UNDERSTOOD THAT A PORTION OF THE DEVICE RELIES UPON THE AVAILABILITY OF GPS COVERAGE, HOME TELEPHONE SERVICE, WIRELESS INTERNET NETWORK AVAILABILITY AND/OR CELLULAR NETWORK COVERAGE TO OPERATE PROPERLY AS WELL AS THE AVAILABILITY OF SATELLITE GPS DATA, BOTH OF WHICH ARE PROVIDED BY A THIRD PARTY THAT IS NOT CONTROLLED BY THE COMPANY. YOU AGREE THAT IF WE OR THE CENTER WERE TO HAVE ANY LIABILITY GREATER THAN THAT AGREED TO BY YOU, WE COULD NOT AND WOULD NOT PROVIDE THE DEVICE OR SERVICE. YOU ACKNOWLEDGE THAT YOU SHOULD OBTAIN ANY LIFE, MEDICAL OR DISABILITY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS WHO MAY USE THE DEVICE. YOU UNDERSTAND THAT THERE ARE ALTERNATIVES AVAILABLE TO YOU SUCH AS 911 EMERGENCY TELEPHONE SERVICE. YOU HAVE SELECTED THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF OUR LIABILITY.
11. HOME TELEPHONE SYSTEMS LIMITATIONS (if applicable): It is Subscribers responsibility to test their device to insure that it is compatible with their home telephone system service provider. Not all Devices work with non-standard telephone service providers including cable telephone, digital telephone, cellular telephone and internet (VOIP) telephone service providers. SUBSCRIBER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT HOME MEDICAL ALARM DEVICES WILL NOT OPERATE IF AN EXTENSION PHONE IS IN USE OR IF ANY PHONE IS “OFF THE HOOK” OR IF NO DIAL TONE OR IF PHONE SERVICE IS AVAILABLE FOR ANY REASON INCLUDING POWER AND/OR INTERNET SERVICE OUTAGES.
12. SERVICE FEES: For the Service, you agree to pay the monthly service fee amount specified by the Company at the time you purchased the Device beginning from the time the Device is delivered to Subscriber fully activated. The service fee is guaranteed never to increase as long as this Agreement is in continuous effect (Price-Lock Guarantee). Service fees are due and payable in advance prior to each service period. Subscriber hereby authorizes Company or its assignee to initiate ongoing automatic recurring electronic debits from my credit card or bank account for all amounts I owe under this Agreement as directed above until I cancel the authorization through written notice no less than seven (7) days prior to the next renewal date. Pre-paid SERVICE FEES are non-refundable, in whole or in part, in the event of termination or default by the Subscriber. You agree to pay all sales, service, property, use and local taxes; any, police, fire department, ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable, whether imposed on you or us. In the event that it shall become necessary for us to undertake legal proceedings to collect payments due under this Agreement then you agree to pay us our reasonable attorney’s fees for such collection action except where prohibited by law. A finance charge of two percent (2%) per month shall apply to all obligations not paid pursuant to these terms.
13. AGREEMENT TERM & TERMINATION: Subscriber may terminate this Service Agreement by returning purchased device to Company within the first thirty (30) days following delivery of the initial order for a full refund of equipment cost and pre-paid monitoring fees, less original shipping charges (if applicable). After thirty (30) days following delivery, all sales are final and no refunds will be given. The Initial Service Agreement Term is for a minimum initial period as selected at the time of purchase (monthly, quarterly or annually). Thereafter, it will automatically renew for subsequent periods until such time it is terminated, in writing, pursuant to the terms of this Agreement. This Agreement may be cancelled at any time after the Initial Agreement Term by providing advance written notice of cancellation and the return of all Company rented/leased/provided devices. Company may terminate this Agreement for good cause (including your failure to pay any amounts due hereunder) following ten (10) days written notice. Failure of Subscriber to return rented/leased/provided devices will result in equipment non-return charges being added to amounts due. Your obligations under this Agreement shall survive the cancellation or non-renewal of this Agreement by you or Company for any or no reason. Notwithstanding anything contained herein to the contrary, Company may, in its sole discretion, terminate this Agreement, with or without cause and without any liability whatsoever, upon thirty (30) days notice to Subscriber. In the event such termination is without cause, Company shall, upon written request, refund any unearned charges.
14. SUSPENSION OR CANCELLATION OF THIS AGREEMENT: You understand that we may stop or suspend the Service for any of the following reasons: (a) strikes, severe weather, earthquakes or other such events beyond our control affecting the operation of the Center or so severely damage your premises that continuing service would be impractical; (b) an interruption or unavailability of the Monitoring Service as a result of a disruption to the electrical lines, cellular network, radio towers and GPS network that prevents a connection between the Device and the Center; (c) your failure to pay the service charge due to us; (d) we are unable to provide service because of some action or ruling by any governmental authority; (e) we are unable to subcontract for the Monitoring Service 24 hours a day, 7 days a week; (e) you become a debtor in a bankruptcy proceeding and (f) for excessive false alarms, improper signals and “problem accounts.”
15. CONSENT TO DISTRIBUTION OF INFORMATION: You are providing us with certain information for the purposes of providing the Monitoring Service. You hereby agree that we may provide the Center, the Responders and any other necessary third parties, as determined by us in our reasonable discretion, with access to such information provided by you in connection with this Agreement. You hereby release us from all liability, which may arise out of our disclosure of such information to the Center, the Responders and any other necessary third parties. You hereby acknowledge that all communications between you, the Company and/or Center may be recorded. You consent to such recording.
16. FORCED ENTRY: You agree and acknowledge that if any alarm signal is received by the Center and a Responder is sent to the location of the Device, in the event that the Responder would need a key, code or other means of accessing such location that is unavailable to such Responder, the Responder may be required to forcibly enter or break into such location if the Responder determines that it is necessary in their sole discretion. You understand that this may result in damage or physical injury to you or a third-party or to property owned by you or a third-party. You hereby waive any claim against us or any responder which may arise as a result of such break-in or forced entry, and you hereby agree to hold harmless, indemnify and defend us, the Center, the responder and any of our or their authorized representatives for any losses incurred by us or them in connection with such forced entry. You acknowledge that this provision could require you to pay significant amounts in the event that the Company, the Center, the responder and/or any of our or their authorized representatives is required to pay, or agrees to pay, any third-party for damage to such person or such person’s property.
17. WARRANTY SERVICE: If the device becomes defective due to a defect in materials, workmanship or design, Company shall repair or replace the device at company’s election for a period of one year (365 days). This warranty is not assignable. At the company’s election, you must deliver the device to the Company’s office (at your sole cost). This warranty does not cover damage caused by accident, vandalism or mistake, violation of the installation and use requirements, flood, water, lightning, fire, intrusion, abuse, misuse, acts of god, casualty (including electricity), attempted unauthorized repair service, modification or improper installation or use by anyone other than Company, or any other cause (excluding ordinary wear and tear). If the Device becomes damaged as a result of any of the above, you shall pay us the replacement price for the Device.
18. ASSIGNEES AND SUBCONTRACTORS: We may transfer or assign this Agreement without notifying you and without your consent. You may not transfer this Agreement to someone else unless we approve the transfer in writing. We may use subcontractors (including the Center or any other independent monitoring center) to provide the Monitoring Service, and this Agreement shall apply to them and the work they perform and protect them in the same manner as it is applies to and protects us. You acknowledge and agree that any subcontractor shall be considered an “independent contractor” and therefore not affiliated with us in any way as a partner, joint venture, agent or employee.
19. THE COMPANY IS NOT AN INSURER: You understand and agree that neither we nor the Center are an insurer of your premises, property or your personal safety and that you are solely responsible for providing any life, health or disability insurance and insurance on you and your premises and its contents. You understand and agree that the amount you pay to us is based solely only on the value of the Monitoring Service we provide and not on the value of you or your premises or its contents, it is difficult to determine in advance the value of any personal injury or death or the property that might be lost, stolen or destroyed if the Device or our service fails to operate properly and it is difficult to determine in advance what portion, if any, of any property loss, personal injury or death would be proximately caused by our or the Center’s failure to perform, our or the Center’s negligence, or a failure of the Device or our or the Center’s service. You further understand that the amounts being charged by us are not sufficient to guarantee that no loss will occur and that we are not assuming responsibility for any losses which may occur even if due to our negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury or death. You agree to look exclusively to your insurer to recover damages. You waive all subrogation and other rights of recovery against us or the Center that any insurer or other person may have as a result of paying any claim for loss or injury to any other person.
20. WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY: THE COMPANY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE DEVICE AND THE MONITORING SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE DEVICE AND THE MONITORING SERVICE, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) FOR ANY PERSONAL INJURY OR DEATH OR ANY OTHER LOSS, DAMAGE, COST OR EXPENSE, INCLUDING ANY ECONOMIC LOSSES, PROPERTY DAMAGES OR OTHER LIABILITY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, AS A CONSEQUENCE OF, OR RESULTING FROM ANY REASON, INCLUDING THE (1) ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY OR ANY OF THE REPRESENTATIVES, WHETHER BEFORE OR AFTER SUBSCRIBER’S ACCEPTANCE OF THIS AGREEMENT (2) IMPROPER OPERATION OF THE SYSTEM OR THE FAILURE OF THE SYSTEM TO OPERATE; (3) BREACH OF CONTRACT, OR (4) ANY CLAIMS FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, OUR MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE DEVICE AND/OR THE MONITORING SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $250.00. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE DEVICE AND/OR THE MONITORING SERVICE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS SUM IS YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT. IN NO EVENT SHALL WE BE LIABLE FOR GENERAL, SPECIAL, EXEMPLARY, PUNATIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
21. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION: If anyone other than you asks us to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) the Company’s breach of this Agreement or a failure of the Device and/or the Monitoring Service, (ii) our negligence, gross negligence or failure to perform, (iii) any other improper or careless activity of ours in providing the Device and/or the Monitoring Service or (iv) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorneys’ fees and any other losses or costs that we may pay in connection with the harm or damages. Unless prohibited by your property insurance policy or other insurance, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance carriers, and you agree to defend us against any such claim.
22. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL; ARBITRATION REQUIREMENT: All claims, actions or proceedings by or against Company or Representatives must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with. If a dispute arises out of or relates to the Agreement or the breach thereof and cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to binding arbitration. In addition, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of this Agreement, directly or indirectly, and/or the relationship that is being established among the parties hereunder. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitations contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Agreement. In the event of litigation covered by the scope of this waiver, this Agreement may be filed in court as a written consent to a trial by the court.
23. GOVERNING LAW: This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts of law provisions. The interpretation of this Agreement shall not be construed against the drafter. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. The paragraph titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement. If you or Company shall waive any breach of this Agreement it shall not be construed as a waiver of any subsequent breach. Your rights and Company’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein.
24. DEFAULT OF SUBSCRIBER: If you breach this Agreement, without limiting Company’s rights, and without any further notice, Company shall retain all prepayments and you shall immediately pay to Company (a) all payments then due and payable, and (b) eighty percent (80%) of all payments that would become due for the unexpired term as agreed upon damages and not as a penalty; and Company shall have no further obligation to perform under this Agreement. If any claim is asserted or any legal action, suit, mediation or arbitration proceeding is instituted, Subscriber shall pay Company its costs and expenses of such legal action, suit, mediation or arbitration proceeding, including consultants’ and professionals’ fees and costs and reasonable attorneys’ fees and costs on the sole condition that Company is the substantially prevailing party by way of termination or wit. In the event that it should become necessary for the Company to institute legal proceedings against Subscriber to enforce any provision of this Agreement, Subscriber agrees to pay the Company reasonable attorneys’ fees and costs, except where prohibited by law.
25. INTENDED THIRD PARTY BENEFICIARIES: Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to you, and bind you to such subcontractors with the same force and effect as they bind you to Company. You acknowledge, understand and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to you, and bind you to such subcontractor(s) with the same force and effect as they bind you to Company.
26. JOINT AND SEVERAL LIABILITY: This Agreement is binding on Subscriber and Payer and each of their respective heirs, executors and administrators. By accepting these terms and conditions, (a) Subscriber represents and warrants to Company that Subscriber has the full power and authority to bind Payer to these terms and conditions; and (b) Payer represents and warrants to Company that Payer has the full power and authority to bind Subscriber to these terms and conditions. Subscriber and Payer are jointly and severally liable to satisfy the obligations of Subscriber or Payer under this Agreement, including Subscriber’s indemnity obligation, Subscriber’s obligations on default and Payer’s obligation to pay amounts due to company, including monitoring service fee. “Joint and Several” liability means that 1. Subscriber is obligated to satisfy each of the Payer’s obligations under this Agreement and 2. Payer is obligated to satisfy each of the Subscriber’s obligations under this Agreement.
27. ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
28. OPTIONAL TOOLS: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
29. THIRD-PARTY LINKS: Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
30. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
32. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
33. PROHIBITED USES: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
34. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall RescueTouch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
35. INDEMNIFICATION: You agree to indemnify, defend and hold harmless RescueTouch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
36. SEVERABILITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
37. TERMINATION: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
38. ENTIRE AGREEMENT: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
39. GOVERNING LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws Wyoming.
40. CHANGES TO TERMS OF SERVICE: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
41. CONTACT INFORMATION: Questions about the Terms of Service should be sent to us at service@RescueTouch.com.