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GreatCall Touch 3 Manual

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148 Customer Agreement
Customer Agreement
ANY OTHER CUSTOMER OR THIRD PARTY. AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT:
(A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND
(B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY
PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION
AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU
AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A
CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US
THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE
LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT
OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER, WHETHER ANY CLAIM IS IN ARBITRATION
OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
16. About 5Star Service
NOT ALL PERSONAL EMERGENCY RESPONSE SYSTEMS (PERS) HAVE THE SAME FEATURES. YOU SHOULD DETERMINE WHICH FEATURES ARE
IMPORTANT TO YOU. CALCULATION WAS DETERMINED BY AVERAGING THE PERS MARKET LEADERS’ MONTHLY PUBLISHED FEES. 5STAR
URGENT RESPONSE SERVICE REQUIRES THE PURCHASE OF THE 5STAR AND A ONE-TIME SET-UP FEE FOR SERVICE ACTIVATION OF $35.
COVERAGE AND SERVICE ARE NOT AVAILABLE EVERYWHERE. OTHER CHARGES AND RESTRICTIONS MAY APPLY. 5STAR SERVICE MAY NOT
BE AVAILABLE IN REMOTE OR ENCLOSED AREAS. 5STAR SERVICE WILL BE ABLE TO TRACK AN APPROXIMATE LOCATION WHEN YOUR DEVICE
IS TURNED ON AND FULLY CHARGED, BUT WE CANNOT GUARANTEE AN EXACT LOCATION. 5STAR SERVICE DOES NOT REQUIRE A CONTRACT
AND CAN BE CANCELLED AT ANY TIME. MONTHLY SERVICE FEES DO NOT INCLUDE GOVERNMENT TAXES OR ASSESSMENT SURCHARGES.
PRICES AND FEES ARE SUBJECT TO CHANGE. OUR COVERAGE MAP ESTIMATES WHERE YOUR DEVICE WILL WORK. A NUMBER OF FACTORS
AFFECT THE SPECIFIC COVERAGE YOU WILL GET. YOU WILL NOT BE ABLE TO MAKE 9-1-1 CALLS WHEN CELLULAR SERVICE IS NOT AVAILABLE.
GREATCALL IS NOT A HEALTH CARE PROVIDER AND DOES NOT PROVIDE HEALTH CARE SERVICES. YOU SHOULD SEEK THE ADVICE OF YOUR
PHYSICIAN IF YOU HAVE ANY QUESTIONS ABOUT MEDICAL TREATMENT. GREATCALL IS A REGISTERED TRADEMARK OF GREATCALL, INC. AND/
OR ITS RELATED ENTITIES. 5STAR URGENT RESPONSE AND 5STAR ARE TRADEMARKS OF GREATCALL, INC. COPYRIGHT 2013 GREATCALL, INC.
NATIONAL ACADEMIES OF EMERGENCY DISPATCH © 2013.
… 157 …


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