By purchasing and using the MyNotifi® you agree to be bound by these terms and conditions set forth herein (this "Agreement"). For purposes of this Agreement, the term “User” is the actual individual wearing the MyNotifi® device (either to be worn on the wrist or the belt) and for whom the notifications will be sent by the MyNotifi® device, while the terms “you” and “Subscriber” can mean both the User and the individual agreeing to this Agreement on behalf of the User, if applicable. The terms "we," "us," or "our" mean MedHab, LLC and any affiliates. All parties understand that MyNotifi® is a fall detection device that must be worn on the User’s wrist or belt and also must connect directly to the User’s smart device. Since MyNotifi® is worn by the User and is smart app driven, you understand and acknowledge that its use requires both a smart device with internet connection through WIFI or cellular, and Bluetooth for the smart device, and that the User must adhere to all written instructions with the MyNotifi® device as well as instructions provided to the User and the Subscriber with regard to updates and battery replacement, to maintain a continuous fall detection signal.
The MyNotifi® device is described as the “Device” throughout the remainder of this Agreement.
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability, as set forth in the Agreement.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of the User, you have the authority, through a power of attorney or other legal documentation, to represent and legally bind you and the User to all the terms and conditions of this Agreement.
Your Access and Use of the Device
Your right to access and use the Device and the notifications to the User’s identified individuals is personal to the User and is not transferable to any other person or entity. Your access and use of the Device may be interrupted from time to time for any of several reasons, including WIFI, Bluetooth or your other internet connection, and from the Device’s battery power, as stated in the next paragraph.
You understand that the Device’s battery needs to be checked regularly. The Device sends notifications to the User and all identified individuals when there is a possibility of low battery power. It is your responsibility to maintain the battery regardless of notification, to respond to all notifications of low battery power, and to charge the battery as soon as the low battery notification is received. You acknowledge that any failure to maintain the battery or any of the instructions provided with the Device can result in the failure of the Device to operate and to send notifications to the identified individuals.
Upon initiation of the Device, either User or Subscriber must provide us with all requested information, including (1) the health profile information for the User, and (2) all contact information for User’s family members and/or other designated individuals that will be notified by the Device, in the event of any possible User fall.
Any action by you that, in our sole discretion: (1) violates the terms and conditions of this Agreement or (2) restricts, inhibits or prevents any access of our notification process on behalf of the User shall not be permitted, and may result in your loss of the right to use and receive notifications on behalf of the Device.
Our Intellectual Property Rights
Our names, graphics, logos, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without our prior written permission. Any third-party names, trademarks, and service marks, if any, on our website, are property of their respective owners.
You are solely responsible for any damages resulting from your infringement of our Proprietary Marks or intellectual property, or any third-party's intellectual property rights incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for any purposes that are contrary to the terms and conditions of this Agreement.
In consideration for the use of the Device, you acknowledge and agree that we do not represent or warrant that the Device will prevent death, bodily or personal injury or damage to you, User or any others (including unauthorized users) who may use the Device. You understand that the Device provides fall detection to Users and notification to the User’s identified individuals, and no other services. We make no representation or warranty as to the promptness of any response to the fall detection that is monitored by the Device, and we have no control over the response time or capability of any agency or individual, including those identified by the Subscriber during the Device set-up, who may be notified as a result of the Device notification. We further rely on the information provided by you on notifications (unless you have opted for a call center which shall be subject to a separate agreement), and as such we cannot be held responsibility for any incorrect information provided with regard to those individuals who are to be notified by the Device. You further understand that the Device may fail to function properly as described herein. You agree that if we were to have any liability greater than that agreed to by you under this Agreement, we could not and would not provide the Device.
You also understand that the Device’s capabilities are limited to fall detection of mobile individuals and that if the User is immobile, the Device will not and cannot assess properly range of motion readings and, as such, the Device is not for use for any immobile individual.
The Device is undergoing testing for FCC certifications in the US, EU and Canada regarding transmission and emitting of electrical energy. Such electric emissions testing has not been performed in Asia. Subscriber acknowledges that it is aware of the transmission testing of the Device.
You understand that there are alternatives available to you such as 911 emergency telephone service and you use this Device with a full understanding of its limitations and the limitation of our liability, as set forth below in this Agreement. You understand that the police or fire department will not be notified by your Device but that the Device’s notification will go only to those individuals that you have identified by you in the Device set-up. YOU UNDERSTAND THAT MEDHAB, LLC AND/OR ITS AFFILIATES AND/OR AGENTS WILL NOT SEND ANY PERSONNEL TO THE USER’S PREMISES WHERE THE DEVICE IS LOCATED IN RESPONSE TO ANY FALL DETECTION BY THE DEVICE. ALL SUBSCRIBERS AND USERS UNDERSTAND THAT THE EXTENT OF THE SERVICE PROVIDED BY US IS LIMITED TO THE NOTIFICATION WITH REGARD TO A USER’S FALL OR POTENTIAL FALL TO THOSE INDIVIDUALS IDENTIFIED BY SUBSCRIBER IN THE DEVICE SET-UP, AND THAT THE SERVICE IS NOT PROVIDING MEDICAL ADVICE OR ASSISTANCE TO USER AND/OR SUBSCRIBER. MEDHAB, LLC DOES NOT OWN A CALL CENTER BUT RATHER CONTRACTS WITH A THIRD-PARTY SHOULD SUBSCRIBER SIGN UP WITH A THIRD-PARTY CALL CENTER, AND THE SERVICES OF THE THIRD-PARTY ARE SUBJECT TO YOUR AGREEMENT WITH THAT THIRD-PARTY. FURTHER, FOR THE AVOIDANCE OF DOUBT, WHILE WE MAY PROVIDE TECHNICAL SUPPORT TO THE DEVICE, SUCH CANNOT BE INTERPRETED AS PROVIDING MEDICAL ADVICE OR KNOWLEDGE OR MEDICAL ASSISTANCE. You acknowledge that you have read and understood this Device Limitations section and all other terms of this Agreement.
Your Responsibility for Equipment and Related Costs and Information
You are responsible for obtaining and maintaining the Device and WIFI, Bluetooth or your internet access services and all equipment or services needed for the Device to work properly. The Device notification process requires a smart device for notifications. You are further responsibility for proper set-up and maintenance of the Device, as provided in the written instructions provided with the Device which includes but is not limited to instructions on the proper storage, charging, service instructions and battery life of the Device. Subscriber agrees to follow all written instructions provided with the Device. All costs and fees associated with internet access incurred with regard to your access and use of the Device are fully the responsibility of Subscriber. For the avoidance of doubt, the Device will not property provide notification if the internet connection is impaired, slow or not properly assessable.
Further, Subscriber acknowledges that any updates and/or corrections to the individuals to be notified by the Device must be current, and that any discrepancies in such individuals or their contact information must be corrected by Subscriber. Subscriber must further continue to respond to any requests for information including the health profile for the User.
Limitations on Our Liability
The Agreement limits our liability to the total amount paid by Subscriber for the Device and any fees, if any, if User or anyone else suffers any harm (damage or loss of property, personal injury, or death) because the Device failed to operate properly or we were negligent or acted improperly. All terms and conditions set forth on all pages of this Agreement and the instructional materials are part of our Agreement with you – read them before you agree. Subscriber represents and warrants that the person designated as “User” will be the actual user of the Device and notification process. Subscriber must electronically agree and sign this Agreement, and provide all information regarding the family members or other individuals of the notification of User in order to properly activate the Device. Subscriber understands and agrees that our duties and obligations to provide the Device arise solely and exclusively out of this Agreement and not otherwise. Subscriber further acknowledges that Subscriber has agreed to indemnify Medhab and hold Medhab harmless against any claims that may be asserted by User, Subscriber or anyone else pursuant to this Agreement.
WE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU (AND/OR THE SUBSCRIBER AND/OR THE USER), OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE DEVICE AND/OR ANY NOTIFICATIONS; (III) ANY PARTY’S DELAY IN ACCESSING OR INABILITY TO ACCESS THE NOTIFICATION FROM THE DEVICE FOR ANY REASON; OR (IV) ANY CLAIM OTHERWISE ARISING OUT OF THE USE OF OUR DEVICE, EVEN IF WE AND/OR OUR AFFILIATES AND/OR AGENTS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FOR THE ABUNDANCE OF DOUBT, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS (“MEDHAB PARTIES”) ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY SUBSCRIBER FOR THE DEVICE.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DEVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Us
SUBSCRIBER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS MEDHAB PARTIES FROM AND AGAINST ALL CLAIMS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF, OR ATTRIBUTABLE TO: (I) ANY BREACH OR VIOLATION OF THIS AGREEMENT BY YOU; (II) YOUR FAILURE TO PROVIDE ACCURATE, COMPLETE AND CURRENT PERSONALLY IDENTIFIABLE INFORMATION FOR NOTIFICATIONS NEEDED OR AS REQUESTED OR REQUIRED BY US, INCLUDING BUT NOT LIMITED TO ANY CHANGES WITH THE NOTIFICATIONS; (III) YOUR ACCESS OR USE OF OUR DEVICE; AND/OR (IV) ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY YOU.
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted to this site. Amendments will take effect immediately upon us posting the updated Agreement to this site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of our Device following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Device will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you have against us are resolved.
You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
Agreement to Arbitrate
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Device, or any products or services sold, offered, or purchased by Subscriber shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MEDHAB, LLC OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
3. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Travis County, Texas. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.