Monitoring Agreement

Terms and Conditions for Medical Care Alert

These are the terms and conditions of the Medical Care Alert Service. You will receive a copy to sign and return, and one for your records, when you receive our medical alert system.

If you have any questions about the agreement, please call us! 1-855-272-1010 

 

AMERICAN RESPONSE TECHNOLOGIES, INC. Doing Business As “Medical Care Alert”

Terms and Conditions

THIS AGREEMENT LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY BEFORE SIGNING.

This Agreement is between American Response Technologies, Inc. (“Company,” “we,” “us,” “our” “ART”) and the Subscriber (“you,” “your”). It begins on the Shipping Date of your initial order. Defined terms apply throughout.

We may change this Agreement by notifying you by email, mail, text, or invoice. Continued use after notice means acceptance.

Key terms: Equipment (“PERS”, “Equipment”) – your medical alert system and accessories.  Premises – your address or any location where you request assistance. Medical Alert Services – Monitoring Services and Location Based Services.   Services – all services we provide. Representatives – Company affiliates, employees, agents, contractors, subcontractors, successors, assigns, and the Monitoring Facility.

Not a Substitute for 911. THE EQUIPMENT AND MEDICAL ALERT SERVICES DO NOT REPLACE 911. IF YOU NEED HELP AND CAN DIAL 911, YOU SHOULD CALL 911 DIRECTLY.

1. Starting, Stopping, and Returning the Service. Services will start on the Shipping Date and requires you to set up and test your Equipment sending a successful test signal to the Monitoring Facility from your Equipment.

This Agreement runs month-to-month. Either you or we can cancel at any time.  Services and billing will stop on the Cancellation Date which is either 1) the date Rented Equipment is received back to our offices or 2) for Purchased Equipment within one business day of your request to cancel services.  (Your state law may give you the right to cancel with less notice in certain situations.) We can also cancel for good cause (such as non-payment) by giving you 10 days' notice. Your responsibilities under this Agreement continue even after cancellation or termination.

You may return the Equipment if you try it in good faith for 14 days and decide not to continue. Services will stop on the day we receive the Equipment back. If you return the Equipment in good condition after trying it, we will refund your full payment minus any shipping costs we paid. If you return the Equipment unused, we will refund your full payment minus shipping costs and a $50 restocking/reprogramming fee.

We will refund any amounts you prepaid for Services we don't provide after the cancellation date, less any shipping expenses or charges for unreturned or damaged Equipment.

2. Payment For Services. You authorize us to charge your payment method (credit/debit card, ACH) for the Service Fee and any other amounts owed. You may prepay up to 12 months to lock in the rate. Otherwise, we may increase the Service Fee with notice.

Late payments may incur a 1.5% (18% per year) monthly finance charge and a 5% late fee. 

3. Monitoring Services. Monitoring Services means that operators at our authorized monitoring facility will make reasonable efforts to contact the people, organizations, or agencies you've identified as emergency contacts (your "Call List") and emergency Responders in the order and manner you've specified. The monitoring facility only has a duty to alert anyone when operators receive a signal from your Equipment indicating you need assistance (an "Assistance Request"). After receiving an Assistance Request, operators may try to verify whether contacts need to be alerted and may decide not to contact them or tell Responders to disregard the request based on information they receive. We don't have to provide Monitoring Services if you're behind on payments.
4. Your Consent. You consent to the following for us to provide the Medical Alert Services:

Company as Agent.  You appoint (i) Company as your agent to give information and direction to the Monitoring Facility concerning any matters arising out of or from or in connection with the performance of the Services; and (ii) Company and Monitoring Facility as your agent to give information and direction to Responders concerning any matters arising out of or from or in connection with the performance of the Services. These appointments are retroactive to the Effective Date and remain binding until Company receives written revocation signed by you.

Communication.  The Monitoring Services require that we communicate with the Call List through live telephone calls, pre-recorded messages, auto-dialer calls, SMS or text messages, or other electronic communications. We will communicate with the Call List at the telephone numbers you provide, including mobile phone numbers or residential landlines. You will (i) inform the Call List that we will communicate with them at such numbers and (ii) obtain permission from each person that we may communicate with them at such telephone numbers. You will indemnify, defend, and hold us harmless (without any condition that we first pay) for any loss, damage, or expense we may incur, including our reasonable attorneys' fees, arising out of or from any claims asserted against us in connection with our communications with any such person, including any claim under any state or federal consumer protection or similar law, including the Telephone Consumer Protection Act, CAN-SPAM Act, or HIPAA.

Recording.  We or the Monitoring Facility may record any communications with you or others in providing Services. You, for yourself and as the authorized agent of any family, guests, employees, caretakers, helpers, assistants, or any other person on the Call List or any other person whom you tell us to call (individually and collectively, "Any Person"), (i) consent to Company and the Monitoring Facility recording, disclosing, and using the contents of any such communications (collectively, the "Recorded Data"); and (ii) release Company and the Representatives from any loss, damage, or expense arising out of or from the Recorded Data. You agree that Company alone owns the Recorded Data.

Electronic Signature.  Your electronic signature on this Agreement has the same legal force as a handwritten signature and is valid, enforceable, and admissible in any legal proceeding under applicable law, including the E-SIGN Act and UETA. You may request a paper copy at any time. By signing, you confirm you have the legal capacity to do so and are acting voluntarily.

5. Your Responsibilities for the Equipment. If renting, we own the Equipment and you must return it in good condition; otherwise, a $350 fee applies. If purchased, you own it but must maintain it.

You must follow instructions provided by the Company, keep batteries charged, and maintain the Equipment in good working order. You must obtain any required permits or notices (check with your local authorities) without any liability of Company and provide any required notice respecting the use of the Equipment or receipt of the Medical Alert Services to any Responders, municipality, public or private agency, landlord, association, or board.

YOU MAY USE THE EQUIPMENT (AND RECEIVE THE MEDICAL ALERT SERVICES) ONLY WHEN THE EQUIPMENT IS IN THE 50 UNITED STATES. THERE ARE OTHER LIMITATIONS ON THE EQUIPMENT AND SERVICES SET FORTH IN THIS AGREEMENT.

6. Technology Limitations. You acknowledge and agree that technology limitations exist for which the Company has no control or liability, including but not limited to:

Communication Networks.  The Equipment relies on wireless or landline networks ("Network") to transmit communications. If the Equipment loses Network connection for any reason—including Network outages, range limitations, topography, buildings, weather, or atmospheric conditions—the Monitoring Facility will not receive communications and cannot provide Monitoring Service. You acknowledge that (i) Networks are beyond our control; (ii) we do not monitor Networks and have no obligation to do so; and (iii) we are not responsible for Network failures or interruptions.

Fall Detection. If the Equipment includes Fall Detection technology, it will not detect all falls and may activate when no fall occurs. You should not rely exclusively on Fall Detection—if you fall, push the Help Button or call 911 directly.

Location Based Services.  If the Equipment includes Location Based Services (i.e., GPS) to determine your location during an Assistance Request, these services are imperfect. We, the Monitoring Facility, Responders, or others may be unable to determine your location or the Equipment's location precisely or at all.

Company has no liability for any failure, malfunction, or imperfection of these technologies.

7. INSURANCE. THE SERVICE FEE IS BASED SOLELY ON THE SERVICES WE PROVIDE, THE LIMITATION OF LIABILITY AND THE OTHER PARAGRAPHS THAT PROVIDE US PROTECTION UNDER THIS AGREEMENT. ACCORDINGLY, YOU SHALL MAINTAIN INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE FULL AND COMPLETE COVERAGE FOR ANY LOSS, DAMAGE OR EXPENSE THAT MAY BE SUSTAINED BY YOU, YOUR FAMILY OR OTHERS, INCLUDING MEDICAL INSURANCE, DISABILITY INSURANCE, LIFE INSURANCE, LIABILITY INSURANCE AND PROPERTY INSURANCE. YOU AGREE TO (I) LOOK SOLELY TO YOUR INSURANCE IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR EXPENSE AND (II) RELEASE US FOR ALL SUCH LOSS, DAMAGE AND EXPENSE.
8. LIMITATION OF LIABILITY. SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR ANY OF COMPANY’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, SUPPLIERS OR SUBCONTRACTORS (COLLECTIVELY, “REPRESENTATIVES”) FOR ANY LOSS, DAMAGE, COST OR EXPENSE, INCLUDING, ANY LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR FROM OR IN CONNECTION WITH ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LIABILITY ARISING OUT OF OR FROM OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE (1) ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY OR ANY OF THE REPRESENTATIVES, (2) PRODUCT LIABILITY, INCLUDING THE IMPROPER OPERATION OF THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE; (3) IMPROPER OPERATION OF THE MONITORING FACILITY OR THE FAILURE OF THE MONITORING FACILITY TO OPERATE, (4) BREACH OF CONTRACT OR BREACH OF WARRANTY OR (5) ANY CLAIMS FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, ALL SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $2,500.00, COLLECTIVELY FOR COMPANY AND REPRESENTATIVES. (THE LEGAL THEORIES AND CIRCUMSTANCES SET FORTH IN SECTIONS (1) THROUGH (5) OF THIS PARAGRAPH ARE REFERRED TO COLLECTIVELY AS THE “COVERED CLAIMS”).
9. CONSEQUENTIAL DAMAGES. IN ADDITION TO ANY OTHER PROVISION IN THIS AGREEMENT, NEITHER COMPANY NOR REPRESENTATIVES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR FROM OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER COMPANY OR REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY) UPON WHICH THE CLAIM IS BASED. NOTHING SET FORTH IN PARAGRAPH 8 OR PARAGRAPH 9 OF THIS AGREEMENT SHALL LIMIT ANY CLEARLY ESTABLISHED LEGAL RIGHT OF AN AGGRIEVED CONSUMER.
10. WAIVER OF SUBROGATION. YOU WAIVE ANY RIGHTS YOUR INSURANCE COMPANY MAY HAVE TO SUE COMPANY OR REPRESENTATIVES FOR MONEY PAID TO YOU OR ON YOUR BEHALF.
11. INDEMNIFICATION. IF ANYONE OTHER THAN YOU, INCLUDING YOUR INSURANCE COMPANY, ASKS COMPANY OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE, COST OR EXPENSE (INCLUDING IN CONNECTION WITH ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) OR BRINGS ANY SUIT (AS DEFINED IN PARAGRAPH 23) AGAINST COMPANY OR REPRESENTATIVES ARISING OUT OF OR FROM OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE COVERED CLAIMS (AS THAT TERM IS DEFINED IN PARAGRAPH 8 ABOVE), INCLUDING THE ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY OR ANY OF THE REPRESENTATIVES, 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.
12. EXCULPATORY CLAUSE. THE PARTIES AGREE THAT ART IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN. SUBSCRIBER’S PAYMENTS TO ART ARE FOR THE INSTALLATION, RENTAL AND SERVICE OF A PERS DESIGNED TO REDUCE CERTAIN RISKS OF LOSS, THOUGH ART DOES NOT GUARANTEE THAT NO LOSS WILL OCCUR. ART IS NOT ASSUMING LIABILITY AND THEREFORE SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS OR INJURY SUSTAINED BY SUBSCRIBER AS A RESULT OF ANY CAUSE WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH LOSS OR INJURY WAS CAUSED BY OR CONTRIBUTED TO BY ART’S NEGLIGENT PERFORMANCE TO ANY DEGREE OR FAILURE TO PERFORM ANY OBLIGATION OR STRICT PRODUCTS LIABILITY.  SUBSCRIBER RELEASES ART FROM ANY CLAIMS FOR CONTRIBUTION, INDEMNITY OR SUBROGATION.
13. APPLICATION. PARAGRAPHS 7-12 APPLY (I) WHETHER OR NOT THE LOSS, DAMAGE OR EXPENSE ARISES UNDER THIS AGREEMENT OR OTHERWISE AND (II) WITHOUT REGARD TO THE FAILURE OF ITS ESSENTIAL PURPOSE.
14. False Alarms and Forced Entry. If your Equipment is activated for any reason, you are responsible for any fines or costs from false alarms. Emergency Responders may force entry if needed, and you are responsible for resulting damage. We are not responsible for response times. You release the Company and emergency Responders from any claims, losses, or damages resulting from forced entry or delayed response.
15. Your Default. If you breach this Agreement, we may keep prepayments, require immediate payment of amounts owed, stop Services, and recover our legal costs. You must pay our costs and expenses for any legal action, lawsuit, mediation, or arbitration related to this Agreement, including our reasonable attorneys' fees and costs.
16. Assignment. This Agreement is binding on you, your heirs, executors, and administrators. You cannot transfer this Agreement to anyone else. We can transfer this Agreement to another party.
17. No Waiver of Breach. If we waive a breach of this Agreement, that doesn't mean we'll waive future breaches. Our rights under this Agreement are cumulative and include all legal remedies available to us—even those not specifically mentioned in this Agreement.
18. Force Majeure; Suspension of Service. We don't have to provide Services if the Monitoring Facility, communications equipment, network connections, or your Equipment is destroyed, damaged, not working, or malfunctions for reasons beyond our reasonable control. This includes: natural disasters, fire, war, terrorism, riots, government actions, embargoes, strikes, pandemics, or any other event beyond our reasonable control. We don't have to notify you if any of these events occur. If service is suspended for any reason other than your breach of this Agreement, you can request a written refund for the time period when service was suspended. This refund is the maximum amount we'll be liable for.
19. NO WARRANTIES. YOU ACKNOWLEDGE: THAT (1) ANY AFFIRMATION OF FACT OR PROMISE MADE BY COMPANY SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY; (2) COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THAT THE EQUIPMENT OR MEDICAL ALERT SERVICES WILL IN ALL CASES PROVIDE THE SIGNALING, MONITORING AND RESPONSE FOR WHICH IT WAS INTENDED; (3) THERE ARE NO EXPRESS WARRANTIES THAT EXTEND BEYOND THOSE ON THE FACE OF THE AGREEMENT OR HEREIN, AND (4) ALL IMPLIED WARRANTIES, IF ANY, COINCIDE WITH THE DURATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
20. SERVICE PLAN. IF THE EQUIPMENT STOPS WORKING FOR ANY REASON, WE'LL CHOOSE WHETHER TO REPLACE OR REPAIR IT. YOU CANNOT TRANSFER THIS WARRANTY TO ANYONE ELSE. YOU MUST DELIVER THE EQUIPMENT TO OUR OFFICE FOR WARRANTY SERVICE OR EXCHANGE RETURN. THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY: ACCIDENTS, VANDALISM, NEGLIGENCE, VIOLATING THE USE REQUIREMENTS, WATER, LIGHTNING, FIRE, ELECTRICAL PROBLEMS, ABUSE, MISUSE, ACTS OF GOD, UNAUTHORIZED REPAIRS, MODIFICATIONS, OR IMPROPER INSTALLATION OR USE BY ANYONE OTHER THAN US, OR ANY OTHER CAUSE EXCEPT NORMAL WEAR AND TEAR.
21. Integrated Agreement; Amendment. This Agreement is the complete agreement between you and the Company regarding the services described here. It replaces all previous negotiations, commitments, contracts, warranties, statements, and representations (whether written or spoken, express or implied) related to these services. Any changes to this Agreement must be in writing and signed by both you and the Company.
22. Severability. If any part of this Agreement is found to be illegal, invalid, or unenforceable, the rest of the Agreement will remain valid and enforceable.
23. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. EACH PARTY HEREBY IRREVOCABLY AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING (“SUIT”) ARISING OUT OF OR FROM, IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURT OF RECORD IN THE COUNTY OF COMPANY’S PRINCIPAL PLACE OF BUSINESS. EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT (THE “VENUE”) IN ANY SUCH SUIT AND WAIVES ANY OBJECTION THAT IT MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT. YOU KNOWINGLY WAIVE YOUR RIGHT TO BRING ANY SUIT IN FEDERAL COURT. EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY EITHER PARTY.
24. Third Party Beneficiaries. The Representatives are the only third parties who have rights under this Agreement.
25. Applicable Law. This Agreement is governed by the laws of the state where the Company's main office is located, without applying that state's conflict of law rules. This Agreement won't be interpreted against either party just because that party drafted it.
26. Headings. Section headings are for convenience only and don't affect how this Agreement is interpreted. Whenever this Agreement uses the word "including," it means "including, but not limited to."
27. Right to Subcontract. We can hire subcontractors to provide services under this Agreement. The terms of this Agreement apply to any subcontractors we hire, and you're bound by this Agreement to them the same way you're bound to us.
28. Mediation. If a dispute arises from this Agreement or a breach of it, and we can't resolve it through negotiation, both parties agree to first try mediation in good faith. Mediation will be administered by the American Arbitration Association under its Commercial Mediation Rules. Only after trying mediation can either party pursue arbitration, litigation, or another dispute resolution method. You must file any action against the Company or Representatives within one year after your claim arises, or you lose the right to sue. Courts cannot extend this deadline. You must strictly comply with this one-year deadline.

Return to: Medical Care Alert   19575 Victor Parkway STE 100, Livonia, MI 48152 FAX 248-430-8110

Medical Care Alert Monitoring Agreement updated March 10, 2026.