Page |1
PLEASE PRINT LEGIBLY
CHORDAS Inc. Subscriber Agreement
SUBSCRIBER INFORMATION
Subscriber Number:
Activation Date:
Date:
First Name:
Product Corporate Use 
Coverage Verified
Last Name:
Business Name:
Middle Initial:
Tax Exempt Number:
Fed 
Local 
State 
Other
Address 1:
Address 2:
Apt. Number:
City:
State/Prov:
Postal Code:
Primary Phone:
Cell Phone:
Primary e-mail
Secondary e-mail
Billing Address Same as Above 
Shipping Address Same as Above
Shipping Address
Billing Address
Name:
Name:
Language:
Language:
Current Address 1:
Current Address 1:
Current Address 2:
Apt #:
Current Address 2:
City:
Apt #:
City:
State/Prov:
Postal Code:
State/Prov:
Primary Phone:
Postal Code:
Primary Phone:
Primary e-mail:
Primary e-mail:
Payment Information
Card Number:
Expiration Date:
Name on Card:
Card Type: V M D A
CVV:
ACH:
Dealer Information
Dealer Name:
Salesperson:
Device Information
Model Number/SKU
Device S/N
NA
Mobile Number
NA
Monthly Rental Cost
NA
Equipment Cost
$0
$0
$0
$0
Rate Plan Information
Rate Plan/SKU
Activation Fee
NA
$0
NA
$0
Estimated Monthly
Plan Cost
Notes:
$0
$0
Accessories
Part Number/SKU
Qty.
Unit Price
Part Number/SKU
NA
$
NA
NA
$
NA
Qty.
Unit Price
Accessory Cost
$0
$0
$0
Services Information
Service/SKU
Cost
Service/SKU
Cost
NA
$0
NA
$
NA
$0
NA
$
Monthly Service
Cost
$0
Early Termination Fee:
$0
Security Deposit
$0
Reinstatement Fee:
$0
Shipping Charges
$0
Notes:
Setup Fee
Device issued to Brian Mosley as part of pilot
Sub Total
$0
$0
program with Georgia Vocational
Sales Tax
$0
$0
Rehabilitation Agency
Total Due
$0
$0
Total Estimated Monthly Recurring Charges $0
GUARANTEE If you are signing on behalf of an entity, you represent that you are authorized to sign on its behalf, and you agree to be jointly
responsible with the entity for payment of any sums that become due under, and to be bound by, this Agreement. You agree the Authorized Dealer can
collect directly from you without first proceeding against the entity.
CONTRACT PROVISIONS This Agreement incorporates and includes by reference current AEROTELUSA Subscriber Agreement #130301-01 including
its arbitration clause, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions .
SERVICE/COVERAGE LIMITATIONS Service is not available at all times and all places. There are gaps in coverage within the service areas shown on
coverage maps. Dealer must confirm coverage.
SERVICE COMMITMENT Your Service Commitment begins the day we activate your service.
CANCELLATION/TERMINATION/ EARLY TERMINATION FEE If you terminate your Agreement within fourteen (14) days of accepting the Agreement,
you will be entitled to a refund of your activation fee, if any, but you must return the Equipment purchased in connection with your Agreement. You may
terminate this Agreement, for any reason and without incurring the Early Termination Fee, within thirty (30) days. Return the equipment to in the
Authorized Dealer undamaged and in the original packaging. You will remain responsible for any Service fees and charges incurred including a
restocking fee.
AFTER YOUR SERVICE COMMITMENT, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL EITHER
PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW.
Either party may terminate this Agreement at any time after your Service Commitment ends with thirty (30) days notice to the other party. We may
terminate this Agreement at any time without notice if we cease to provide adequate service in your area. We may interrupt or terminate your service
without notice for any conduct that we believe violates this agreement or any terms and conditions of your rate plan, or if you behave in an abusive,
derogatory, or similarly unreasonable manner with any of our representatives, or if we discover that you are underage, or if you fail to make all required
payments when due, or if we have reasonable cause to believe that the Equipment is being used for an unlawful purpose or in any way that may
adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any
requested advance payment or deposit or overage usage fees.
I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AEROTELUSA SUBSCRIBER AGREEMENT, WHICH WAS PROVIDED TO
ME PRIOR TO SIGNING BELOW.
Customer Signature / Authorization & Date:
Sales /Dealer Signature & Date:
CHORDAS Inc. Subscriber Agreement 130301-01
Page |2
Personal Data Form
Please Print Legibly
End User (Wearing Device) Contact Information
Device Phone Number:
Last Name:
First Name:
Middle Initial:
Language:
Subscriber Number:
Address 1:
DoB:
Address 2:
Apt. Number
City:
Primary Phone:
State/Prov:
Postal Code:
Secondary Phone:
Cell Phone:
Device Configuration - Button 1-3 Configuration
Left Button
(Please Circle)
Adult
Caregiver
Child
Friend
Doctor
Nurse
Other: ________________
DISABLE
CALL ONLY
SMS ONLY
CALL | SMS
Center Button
(Please Circle)
Adult
Caregiver
Child
Friend
Doctor
Nurse
Other: ______________
DISABLE
CALL ONLY
SMS ONLY
CALL | SMS
Right Button
(Please Circle)
Adult
Caregiver
Child
Friend
Doctor
Nurse
Other: ________________
Name:
Name:
Name:
Company:
Company:
Company:
Phone Number:
Phone Number:
Phone Number:
Ext:
Ext:
Ext:
SMS:
SMS:
SMS:
E-mail:
E-mail:
E-mail:
DISABLE
CALL ONLY
SMS ONLY
CALL | SMS
Device Configuration - Safety Call Button Configuration
Contact 1
(Please Circle)
CONTACT CENTER
Adult
Child
Contact 2
(Please Circle)
Contact 3
(Please Circle)
Adult
Caregiver
Child
Friend
Doctor
Nurse
Other: ______________
Adult
Caregiver
Child
Friend
Doctor
Nurse
Other: ______________
Name:
Name:
Name:
Company:
Company:
Company:
Phone Number:
Phone Number:
Phone Number:
Ext:
Ext:
Ext:
E-mail:
E-mail:
E-mail:
Authorized Incoming Numbers:
Answering Mode:
1:
Auto Answer All 
Caregiver
Friend
Doctor
Nurse
Other: ______________
Contact 4
(Please Circle)
Adult
Caregiver
2:
Child
Friend
3:
Doctor
Nurse
4:
Manual Answer 
Other: ______________
5:
Incoming Call Notification:
Name:
6:
Ring 
Company:
7:
Silent 
Phone Number:
8:
Sounds:
Ext:
9:
Enable Beeps 
E-mail:
10:
Auto Answer Authorized Number Only 
Answer Authorized Numbers Only 
Safety Button Silent Mode 
SMS Alert Setup
Enable Where?

Alert Text: Safety Alert
Smart Phone:
Enable Alert Device Low Battery

Alert Text: Low Battery - 10% Remaining
Phone:
Enable Alert Device Power On

Alert Text: Switched On
Phone:
Enable Alert Device Power Off

Alert Text: Switched Off
Phone:
GPS Setup – Alerts and Tracking Setup
SMS 1:
E-mail:
SMS 2:
SMS 3:
Time Zone:
Language
User Alerts
When out of area:
Beep 
When back in area:
Beep 
Flash LED 
Enable Continuous Tracking

Send Location Every 5 | 10 |15 |30 |60 Minutes
Flash LED 
Save Locations Without Sending Them 
Additional Instructions
Medical Alerts:
Tracking Setup
Limitations on Personal Data:
CHORDAS Inc. Subscriber Agreement 130301-01
Check Polygon Every 5 | 10 |15 |30 |60 Minutes
Geofence Boundaries:
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CHORDAS Inc. Subscriber Agreement 130301-01
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CHORDAS Inc. Customer Agreement
Thanks for choosing CHORDAS. In this Customer Agreement, you'll find important information about your Subscriber Service,
including our ability to make changes to your Service or this agreement's terms, each of our liabilities if things don't work as
planned and how any disputes between us must be resolved. If you're signing up for Service for a minimum contract term, you'll
also find information about that contract term and what happens if you cancel Service early or don't pay on time.
DEFINITIONS
1.
Authorized Dealer. Authorized Dealer shall mean the party to this Agreement which is engaged in the business of selling or
leasing the Equipment.
2. Emergency Personnel. Emergency Personnel shall mean 911 operators, police, sheriff’s deputies, firefighters, paramedics,
other governmental or volunteer emergency responders and Contact Center Monitoring Station operators.
3. Equipment. Equipment shall mean a personal emergency response unit, capable of transmitting telephone operated
signals, radio signals, remote audio transmissions, Internet/IP transmissions, cellular transmissions, satellite transmissions,
and/or other transmission medium. The Equipment is capable of transmitting voice, data and/or SMS messages between
the End-User, Contact Center Monitoring Station, Interested Parties or Emergency Personnel and determining and
transmitting End-User’s location to a Contact Center Monitoring Station.
4. Interested Parties. Interested Parties shall mean those Interested Parties and other individuals the Subscriber designates as
entitled to receive the End-User’s Personal Data and communications from the Contact Center Monitoring Station.
5. Internet Portal. Internet Portal shall mean the password-protected Internet website that the Subscriber may access to
update and instruct Dealer and Provider regarding the use of Personal Data. This information is provided initially by the
Personal Data Form and the Subscriber shall update the Authorized Dealer by mail, fax, or by phone call to the Authorized
Dealer, followed by a confirmation in writing, for any changes in phone numbers for themselves, the End-User, or the
Interested Parties(s), and any other changes if they cannot, or chose not to, use the Internet Portal for this purpose.
6. Contact Center Monitoring Station. The Contact Center Monitoring Station shall refer to the facility operated by Security
Partners, or its designee. The Contact Center Monitoring Station shall be a subcontractor of the Provider, with which
Provider is hereby authorized to arrange on Subscriber’s behalf for monitoring services of voice, data and electronic
messages from the Equipment.
7. Personal Data. Personal Data shall mean any personal information including data, files, reports and other information
collected through and associated with the Equipment. Personal Data shall also mean any information provided by the
Subscriber or the End-User to the Authorized Dealer and Provider using the User Data Form or through the Internet Portal.
8. Personal Data Form. Personal Data Form shall refer to the form attached hereto as Schedule B which shall be completed by
the Subscriber and the End-User to set forth pertinent data regarding the End-User, identify the Interested Parties and
provide all necessary contact information for the Subscriber, End-User and Interested Parties.
9. Provider. Provider shall mean the party to this Agreement which is engaged in providing monitoring and communication
services and for servicing the Equipment.
10. Service. Service shall mean the transmission of voice, data, SMS messages and/or GPS location by means of telephone
operated signals, radio signals, remote audio transmissions, Internet/IP transmissions, cellular transmissions, satellite
transmissions, and/or any other transmission medium, some or all of which shall be provided under the specific
subscription plan chosen by the Subscriber.
11. Subscriber. Subscriber shall mean the individual signing this Agreement and responsible for payment. By signing this
Agreement, the Subscriber acknowledges that he is the End-User, as defined below, or that s/he is authorized by the EndUser to act on the End-User’s behalf for purposes of this Agreement.
12. End-User. End-User shall mean the individual who will be directly using the Authorized Dealer’s Equipment and/or related
services. In most cases the End-User and Subscriber is the same individual, but if not, the End-User shall be identified in the
Personal Data Form.
My Service
Your Service terms and conditions are part of this agreement. Your Subscriber Agreement includes your monthly allowances
and features, where you can use them (your "Coverage Area"), and their monthly and pay–per–use charges. You can also
subscribe to several Optional Services. Together, the Subscriber Plan and any Optional Services you select are your Service.
The terms and conditions for your Subscriber Service can be found in the e-brochures that are available when you activate,
or online at geoskeeper.us/customer-service-agreement.
How Do I Accept This Agreement?
You accept this agreement by:
Signing this Agreement;
Accepting this Agreement on-line;
Sending an email accepting this Agreement,
Accepting the Agreement over the phone (which has been recorded);
Opening a package that says you are accepting this Agreement by opening it; or
Activating your Service.
When you accept the agreement as the “Subscriber”, you're representing that you are at least 18 years old and are legally
able to accept an agreement. If you're accepting for an organization, you're representing that the Subscriber authorized to
bind that organization, and where the context requires, "Subscriber" means the organization. By accepting, you are
agreeing to every provision of this Agreement whether or not you have to read it.
CHORDAS Inc. Subscriber Agreement 130301-01
Page |5
If you terminate your Agreement within fourteen (14) days of accepting the Agreement, you will be entitled to a refund of
your activation fee, if any, but you must return the Equipment purchased in connection with your Agreement. You may
terminate this Agreement, for any reason and without incurring the Early Termination Fee, within thirty (30) days. Return
the equipment to the Authorized Dealer undamaged and in the original packaging. You will remain responsible for any
Service fees and charges incurred including a restocking fee.
If you change your Equipment or receive a Service promotion, you may be required to change the Subscriber Plan to one
that we are currently offering at that time.
Our Privacy Policy
We collect personal information about the Subscriber and/or End-User. We gather some information through our
relationship with the Subscriber, such as information about the quantity, technical configuration, type, destination and
amount of your use of our telecommunications and monitoring services as part of automated logging in ways to improve
service. By entering this Agreement, the Subscriber consents to our data collection, use and sharing practices described in
our Privacy Policy. We provide the Subscriber with choices to limit, in certain circumstances, our use of the data we have
about the Subscriber. If there are additional specific advertising and marketing practices for which your consent is
necessary, we will seek your consent (such as through the privacy–related notices you receive when you purchase or use
products and services) before engaging in those practices. If you subscribe to Service for which usage charges are billed at
the end of the billing period ("Postpay Service"), we may investigate the Subscriber’s credit history at any time and share
credit information about the Subscriber with credit reporting agencies. Upon request, we shall provide the name and
address of any credit agency that gives us a credit report about the Subscriber.
The Subscriber consents to allow the Authorized Dealer and Provider and anyone who collects on our behalf to contact the
Subscriber about the account status, including past due or current charges, using prerecorded calls, email and calls or
messages delivered by an automatic telephone dialing system to any wireless phone number or email address the
Subscriber provides. The Authorized Dealer and Provider will treat any email address the Subscriber provides as a private
email that is not accessible by unauthorized third parties. Unless the Subscriber notifies us that wireless service is based in a
different time zone, calls will be made to your cellular Equipment during permitted calling hours based upon the time zone
affiliated with the mobile telephone number the Subscriber provides.
As part of the set up for the Equipment, Personal Data on a Personal Data Form will be collected. The Subscriber
acknowledges that only the Subscriber and the End-User of the Equipment can request changes to Personal Data that is
supplied on the Personal Data Form. This information will only be shared with others as described in Your Rights and
Obligations. In addition, only the Subscriber or End-User can request a change to add or delete an Interested Party on the
Personal Data Form.
Your Rights and Obligations
To receive the maximum benefit of the Equipment and Service as they are designed, there are Rights and Obligations to be
followed including:
1.
Use the Equipment and Service as it is Intended. The Subscriber and/or the End-User of the Equipment shall use the
Equipment in accordance with the instruction book provided by an Authorized Dealer and/or Provider.
2.
Personal Data will be Collected. As part of the set up for the Equipment as stated in Our Privacy Policy, the Personal Data
on the Personal Data Form will be collected to configure the Equipment, use the information for providing emergency care,
designate the identity of End-User’s Interested Parties and place any limitations on the use of End-User’s Personal Data.
3.
Provide Accurate Information. The Subscriber and the End-User are responsible for the accuracy and completeness of the
information entered on the Personal Data Form provided to the Authorized Dealer and/or Provider. If the Internet Portal is
used to input the information supplied on the Personal Data Form, the Subscriber is responsible for the security of the
passwords and for any use of the Subscriber account. Your use of the Internet Portal and Equipment shall comply with all
applicable laws, regulations, and ordinances, including any laws relating to the export of data or software. Subscriber shall
not disrupt the proper operation of the Equipment or the Internet Portal.
It is solely the obligation and responsibility of the Subscriber and the End-User to provide accurate, complete and up to
date information on the Personal Data Form.
4.
Authorize the use of the Personal Data. You grant the Authorized Dealer and/or Provider a license to access and use the
Personal Data in connection with the Service for the purposes to Share the Personal Data only with entities and individuals
for the purposes of providing emergency care and for sharing information with others selected by the Subscriber.
The Subscriber agrees that this authorization permits the disclosure of Personal Data to Interested Parties and Emergency
Personnel. This authorization will remain in effect and permit the ongoing disclosure by the Authorized Dealer or Provider
of the Personal Data until the Subscriber cancels the Service or revoke the authorization by notifying the Authorized Dealer
and Provider in writing. The Subscriber agrees that any revocation will not apply to actions the Authorized Dealer or
Provider have already taken in reliance on prior authorization.
CHORDAS Inc. Subscriber Agreement 130301-01
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5.
Make Sure the Equipment is Working Properly. The Subscriber, the End-User, and Interested Parties are responsible for
determining that the Equipment and supporting Internet continue to work properly. The functionality of the Equipment can
be monitored by viewing the status LEDs on the Equipment and/or viewing the User’s Internet Portal display and event
reports. The Subscriber, the End-User, and Interested Parties shall report to the Authorized Dealer or Provider, as soon as
practical, any perceived defect in the Equipment or Internet Portal.
6.
Use of the Panic Button. The Subscriber agrees that the Equipment’s panic button should be used only in the event of an
emergency. The Subscriber acknowledges that the Interested Parties and Emergency Personnel will be notified, even if the
panic button was activated accidentally or in error and the alarm is not reset because the End-User or an Interested Party is
not able to speak to the Contact Center Monitoring Station when they call to respond to the alarm.
The Rights and Obligations of the Authorized Dealer and Provider
To receive the maximum benefit of the Equipment and services as they are designed, there are Rights and Obligations to be
followed by the Authorized Dealer and Provider including:
1.
Upon the execution of this agreement, the Authorized Dealer shall deliver the Equipment together with an instruction
manual and shall instruct the Subscriber and/or the End-User and Interested Parties in the correct operation of the
Equipment.
2.
The provider has contracted with the Contact Center Monitoring Station which shall use its reasonable efforts to contact
Emergency Personnel and Interested Parties in the event the Equipment relays an alarm signal detected by the Contact
Center Monitoring Station. The Contact Center Monitoring Station will transmit pertinent location and Personal Data to the
Interested Parties and Emergency Personnel, in accordance with the account settings in the Personal Data Form completed
by the Subscriber or the End-User.
3.
The Provider shall undertake the maintenance, repair, service or replacement of the Equipment, provided, however, that
the Subscriber shall be responsible for the cost of any repairs or replacement occasioned by the misuse or loss of the
Equipment due to the negligent or intentional misfeasance or nonfeasance by the Subscriber, the End-User or Interested
Parties.
4.
In the event it becomes necessary to replace the Equipment, the Provider will do so, provided that the Subscriber or the
End-User must return the original Equipment using the prepaid shipping voucher provided with the replacement
Equipment. The failure to do so will result in charges to the Subscriber.
Your Wireless Equipment
Your wireless Equipment must comply with Federal Communications Commission regulations, be certified for use on the
carrier network, and be compatible with your Service. Please be aware that we may change your wireless Equipment's
software, applications or programming remotely, without notice. This could affect stored data, or how you've programmed
or use your wireless Equipment. By activating Service that uses a SIM (Subscriber Identity Module) card, you agree we own
the intellectual property and software in the SIM card, which we may change the software or other data in the SIM card
remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or
commercial purposes.
Protecting My Directory Information
We will not publish your wireless phone number in any available directory or give it to anyone for publication, unless you
ask us to.
Where and How Does Wireless and GPS Service Work?
Wireless Equipment use radio transmissions, so unfortunately you can't get Service if your Equipment is not in range of a
transmission signal. Please be aware that even within your Coverage Area, many things can affect the availability and
quality of your Service, including network capacity, your Equipment, terrain, buildings, foliage and weather. We are not
responsible or liable for failure to provide the Service if your Wireless Equipment in not receiving a transmission signal due
to reasons outside of our control.
What if My Wireless Equipment Gets Lost or Stolen?
We're here to help. It's important that the Subscriber notifies your Authorized Dealer and Provider right away, so we can
suspend the Service to keep someone else from using it. If the wireless Equipment is used after the loss or theft but before
you report it, and want a credit for any charges for that usage, we're happy to review the account activity and any other
information to be considered. Keep in mind that the Subscriber may be held responsible for the charges if you delayed
reporting the loss or theft without good reason.
How is Air Time Calculated?
Air time, or the number of minutes used for charges based on the amount of time used or data sent or received, we'll round
up any fraction to the next full minute or, depending on how you're billed for data usage, the next full megabyte or
gigabyte. For outgoing calls, usage time starts when you first press SEND or the call connects to a network, and for incoming
calls, it starts when the call connects to a network (which may be before it rings). Usage time may end several seconds after
you press END or after the call disconnects. For calls made on the network, we charge only for calls that are answered,
CHORDAS Inc. Subscriber Agreement 130301-01
Page |7
including by machines. Usage cannot always be processed right away and may be included in a later bill, but the usage will
still count towards your allowance for the month when the Service was used. Rates and terms are subject to the Carrier
Provider.
What is the Term of this Agreement and how is it Terminated?
1.
Term of the Agreement. The term of this Agreement and the Subscriber or the End-User’s right to use the Equipment and
Internet Portal shall be for a period of one month, commencing on the Activation Date and will be automatically renewed
for subsequent one month periods, if not terminated earlier. The Subscriber may choose to pay for a number of months in
advance.
2.
Termination of the Agreement. This Agreement may be terminated upon the occurrence of any of the following events:
a. By the Subscriber or the Provider upon 30 days’ written notice to each other;
b. By the Provider upon ten days’ notice to the Subscriber, following Subscriber’s failure to pay any sums due;
c. By the Subscriber or the personal representative of his estate to the Provider in the event of End-User’s death;
d. By the Provider upon ten days’ notice to the Subscriber of the continued transmission of an unreasonable number
of false alarms from the Equipment;
e. By Provider if the Subscriber is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement
with or for the benefit of creditors.
3.
If the Equipment is Leased or Rented. Upon termination of this Agreement, if the Subscriber have rented or leased the
Equipment, the Subscriber agrees to return the Equipment to the Authorized Dealer in the same condition in which it was
received by the Subscriber, with reasonable wear and tear excepted. If the Subscriber fails to do so within 10 days of
termination, the Subscriber will be responsible for the full price of the Equipment which may be in excess of any Equipment
deposits but shall not exceed $450.
What are My Payment Terms?
1.
Purchasing the Equipment. If the Subscriber is purchasing the Equipment, the Subscriber agrees to pay the Authorized
Dealer the purchase price of the Equipment written in the agreement. Payment is due in full immediately upon delivery
of the Equipment.
2.
Renting the Equipment. If the Subscriber is renting the Equipment, then upon delivery of the Equipment, the
Subscriber agrees to pay to Dealer the security deposit and the first month’s monthly rental fee written in the
agreement.
3.
Set Up Fee. The Subscriber agrees pay to Provider the set-up fee written in the agreement.
4.
Service Fees. The Subscriber agrees to pay to Provider the monthly service fees written in the agreement.
5.
Credit Card Billing. The Provider is hereby authorized to charge the monthly rental fee, if any, and the monthly service
fees to your credit card as shown in the agreement in advance, at any time on or after each month during which this
Agreement shall remain in effect. In the event that the charge to The Subscriber’s credit card shall be refused by the
card issuer, the Provider shall have the right to immediately terminate the service ten (10) days after notice from the
Provider to the Subscriber of the refusal of the card issuer to accept such charge. If the Service is terminated, and then
the Subscriber wishes to reinstate the Service, the Subscriber will be required to pay the reinstatement fee.
6.
Government Taxes, Fees and Surcharges. The Subscriber must pay all taxes, fees and surcharges set by federal, state
and local governments. Please note that we may not always be able to notify the Subscriber in advance of changes to
these charges.
7.
Additional Fees. To the extent permitted by law, the Subscriber agrees to pay any costs and fees the Dealer and
Provider reasonably incur to collect amounts owed by the Subscriber.
Disclaimers
1.
Medical Advice. Neither the Authorized Dealer nor Provider offers medical advice. Any content accessed through the
Dealer Provider, the Equipment, or the Internet Portal is for informational purposes only, and is not intended to cover all
possible uses, directions, precautions, interactions, or adverse effects. The content of the Internet Portal and/or the
Equipment shall not be used for the diagnosis or treatment of any medical condition. The Subscriber or the End-User should
consult his or her doctor or other qualified health care provider if he or she has any questions about a medical condition, or
before taking any drug, changing his or her diet or commencing or discontinuing any course of treatment. The Subscriber or
the End-User will not ignore or delay obtaining professional medical advice because of information accessed through Dealer
or Provider. You or the User shall call 911 or his or her doctor for all medical emergencies.
2.
Power/Equipment Failure. The Subscriber and the End-User acknowledges that no communication technology is failsafe
and that transmission of signals from the Equipment is subject to the operations of the cellular and satellite networks which
are provided and maintained by third parties and are beyond the control of Authorized Dealer and Provider. In the event of
such a failure, the Equipment may not be able to transmit the End-User’s Personal Data. Neither the Authorized Dealer nor
CHORDAS Inc. Subscriber Agreement 130301-01
Page |8
Provider is responsible for the failure of the cellular or satellite networks or the End-User’s Equipment, Internet or power
services.
3.
Indemnification. In the event any person, not a party of this Agreement, including the Subscriber and/or the End-User’s
insurance company, shall make any claim against the Provider and/or Authorized Dealer or their respective agents, servants
or employees for any reason whatsoever, including but not limited to the installation, maintenance, operation or nonoperation of the Equipment, the End-User and the Subscriber agree to indemnify, defend, and hold the Provider and
Authorized Dealer and their respective agents, servants and employees harmless for any and all claims and lawsuits
including the payment of all damages, expenses, costs and attorney’s fees whether these claims be based upon alleged
intentional conduct, active or passive negligence, or strict or product liability, on the part of Provider and/or Authorized
Dealer, their respective agents, servants or employees. The End-User and Subscriber shall and do hereby indemnify and
save Provider and Authorized Dealer and their respective agents, servants and employees harmless from any and all liability
resulting from the selection, possession, operation, control, use and maintenance of the Equipment. In the event of
litigation, to protect the rights of Provider, Authorized Dealer and their respective agents, servants and employees
hereunder, the End-User and Subscriber agree to pay all reasonable attorney’s fees, collection agent fees, or court costs
resulting from such litigation.
4.
Hold Harmless. The End-User and the Subscriber hereby release, discharge and agree to hold harmless the Provider,
Authorized Dealer and their respective agents, servants and employees from any and all claims, liabilities, damages, losses
or expenses, arising from or caused by the operation, control, use and maintenance of the Equipment.
5.
Warranty or Representation. Neither the Provider nor Authorized Dealer represents or that any Equipment may not be
compromised or circumvented or the Equipment will prevent any personal injury, loss of life or property, or damage, or
that the Equipment will in all cases provide the protection for which it is maintained or intended. The Provider and the
Authorized Dealer each expressly disclaim any implied warranties, including the implied warranties of merchantability or
fitness for a particular purpose, and neither the End-User nor the Subscriber has relied upon any representation or
warranty. The End-User and the Subscriber acknowledge that any affirmation of fact or promise made by Provider and/or
the Authorized Dealer or their respective agents, servants or employees, shall not be deemed to create any express
warranty unless included in the Agreement in writing.
WITH THE EXCEPTION OF THE EQUIPMENT WARRANTY DESCRIBED BY EACH MANUFACTURER, NEITHER AUTHORIZED
DEALER NOR PROVIDER, NOR ANY OF THEIR RESPECTIVE AGENTS, SERVANTS OR EMPLOYEES MAKE ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE AUTHORIZED DEALER AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.
Limitation of Liability. It is understood and agreed that neither Provider nor Authorized Dealer are insurers of person, life,
limb or property and that insurance, if any; covering personal injury, life and property loss or damage and the User’s health
shall be obtained by the End-User and/or Subscriber, if so desired. Provider and Authorized Dealer are being paid for the
supply and monitoring of Equipment designed to reduce certain risks. Provider, Authorized Dealer, End-User and the
Subscriber acknowledge that the amounts being charged are not sufficient to in any way guarantee no injury, loss or
damage, and that Provider and Authorized Dealer are not assuming responsibility for any personal injury, life or property
loss or damage, even if due to Provider and/or Authorized Dealer’s negligent performance or failure to perform any
obligation under this Agreement or failure of the Equipment to operate as intended, or for any other reason whatsoever.
IN NO EVENT SHALL PROVIDER OR AUTHORIZED DEALER BE LIABLE TO THE SUBSCRIBER, END-USER, OR INTERESTED
PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR
EXPENSES OF ANY KIND, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER
THEORY OF LIABILITY, EVEN IF THE SUBSCRIBER, END-USER, OR CARGEIVER HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. IN ALL EVENTS, THE LIABILITY OF DEALER AND PROVIDER AND SHALL BE
LIMITED TO THE FEES PAID FOR THE AUTHORIZED DEALER PRODUCTS AND SERVICES
7.
Third-Party Service Providers. The Authorized Dealer may screen, modify, refuse or remove certain content or third-party
services from the Internet Portal, but it is not responsible for and does not endorse any third-party content or services. The
Authorized Dealer further does not endorse any third-party service providers, health care providers, products, services,
opinions or websites access through the Internet Portal.
USE OF THE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT THE RISK OF THE SUBSCRIBER AND/OR END-USER.
THE AUTHORIZED DEALER AND PROVIDER MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED
TO THE SUBSCRIBER’S AND/OR END-USER’S USE OF ANY THIRD PARTY SERVICE OR CONTENT.
8.
Third Party Beneficiary. The End-User and the Subscriber agree that the Contact Center Monitoring Station and its operator
are hereby made third party beneficiaries of all disclaimers of warranties, limitations on liability and indemnification
provisions set forth herein and all of such provisions shall inure to the benefit of and be applicable to the Contact Center
Monitoring Station and its operation.
MISCELLANEOUS
1.
Governing Law and Venue. This Agreement shall be governed and construed in all respects in accordance with the laws of
the State of New York without regard to its conflict of law provisions.
2.
Notices. All notices required or permitted hereunder shall be sent electronically via email or shall be in writing addressed to
the respective parties as set forth herein, unless another address shall have been designated, and shall be delivered by
hand or by registered or certified mail, postage prepaid.
CHORDAS Inc. Subscriber Agreement 130301-01
Page |9
3.
Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the parties hereto,
and their heirs, administrators, successors, and assigns.
4.
Waiver. No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the
same or other provisions of this Agreement.
5.
Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed
from this Agreement.
6.
Assignability. This Agreement and the rights and obligations there under with respect to the Subscriber are personal to the
Subscriber and may not be assigned by any act of the Subscriber or by operation of law without the prior written consent of
the Authorized Dealer.
7.
Integration. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior
agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or
amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall
take precedence over any other documents that may be in conflict therewith.
8.
Survival of Covenants. The representations and warranties, covenants, and obligations of Subscriber in the “Disclaimers”
Section and “What are My Payment Terms?” Section shall survive the termination of this Agreement.
9.
Governing Law; Dispute Resolution. In the event of any dispute between the parties regarding this Agreement, the parties
agree to submit the resolution of such dispute to binding arbitration in accordance with then pertaining rules of the
American Arbitration Association. The place of arbitration shall be New York, New York. Judgment upon the award
rendered may be entered in any court of competent jurisdiction. The costs and expenses of the arbitration proceeding,
including the fees of the arbitrator, legal fees, witness fees, and all other costs and expenses, shall be assessed in the
discretion of the arbitrator. THE PARTIES ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION THEY HAVE
IRREVOCABLY WAIVED ANY RIGHT THEY MAY HAVE HAD TO A JURY TRIAL BY A COURT WITH REGARD TO ANY DISPUTE
BETWEEN THE PARTIES.
CHORDAS Inc. Subscriber Agreement 130301-01