This “Term and Condition of Use” shall begin when the payment of the System has been successfully processed and will continue unless and until terminated as provided below. Company, in its sole discretion, may suspend the Services or terminate this Agreement. The Customer may terminate this Agreement at any time by returning the equipment to Company. System should be returned to Medical Guardian, 106 Henderson Dr. Sharon Hill, Pa 19079. INDEMNIFICATION. If anyone other than you, including your insurance company, asks company or representatives to pay for any loss, damage, cost or expense (including property damage, personal injury or death) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including (1) the active or passive, sole, joint or several negligence of any kind or degree of company or any of the representatives, (2) the improper operation of the system or the failure of the system to operate; (3) the breach of contract, or (4) any claims for subrogation, indemnification or contribution, you agree to pay (without any condition that company or representatives first pay) for all such loss, damage, cost and expense, including attorneys’ fees, which may be asserted against or incurred by company or any of the representatives in connection with any and all such claims.
DISTRIBUTION OF INFORMATION
You are providing us with certain medical information for purposes of providing the Services. You hereby agree that we may provide the Notification Parties and any necessary third parties, as determined by us in our reasonable discretion, with access to such medical information along with any information contained in this Agreement or otherwise provided by you. You hereby release us from all liability, which may arise out of our disclosure of such information to Notification Parties and any other necessary third parties. You hereby acknowledge that all communications between you, Medical Guardian and the monitoring station may be recorded and you consent to such recording.
CONSENT TO COMMUNICATE BY TELEPHONE
The Monitoring Services require that we or the Monitoring Center communicate with you or the persons whose name and telephone number you provide. Such communication may take different forms, including a live telephone call, a pre-recorded telephone message using an auto- dialer, an SMS or other form of text message or some other form of electronic communications (collectively, Communications Methods”). The Monitoring Center will communicate with you and other persons at the telephone number you provide, including any mobile phone number or residential landline number using one or more of the Communications Methods, in the Monitoring Center’s sole discretion. You must (a) inform each such person that the Monitoring Center will communicate with them at such numbers using one or more of the Communications Methods; and (b) obtain permission from such person that the Monitoring Center may (i) use one or more of the Communications Methods to communicate with them at such telephone numbers; and (ii) record such communications as set forth more fully in this Agreement. You also give Company and its contractors or representatives permission to use the telephone to communicate (via any of the Communications Methods set forth above) for all matters, including promotional and sales-related matters or collection matters from time-to-time.
SEVERABILITY
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.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding between the Customer and Company concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed. 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 Commonwealth of Pennsylvania, without regard to conflict of law provisions. In the event that it should become necessary for Company to institute legal proceedings to enforce any provision of this Agreement, the Customer agrees to pay Company reasonable attorneys’ fees and costs, except where prohibited by law.