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TERMS AND CONDITIONS OF USE AGREEMENT

(FOR NON-VETERANS)

 

NOTICE: You must not use the Latitude Mobile Alarm Alert Pendant Device until you have read and agreed to the Terms and Conditions of Use Agreement.

If you cannot read the Terms and Conditions of Use Agreement, you must ask someone to read the Agreement to you.

 

1.0 This Terms and Conditions of Use Agreement (hereafter “Agreement”) binds you (hereafter “you,” “your,” “User”) and Latitude USA, LLC (“Company,” “us,” “we,” “our”) (collectively “parties”) as to your use of the Latitude Mobile Alarm Alert Pendant Device (“Device”) sold by the Company. By purchasing the Device, you agree to be bound by these Terms and Conditions of Use. The effective date of this Agreement is the date you agree to it on the Company website, pay the purchase price, and receive confirmation thereof from the Company.

1.1 Latitude USA, LLC may modify the Terms and Conditions of Use without giving prior notice, but the Company will publish all such modifications as well as the dates of the modifications on the company website at golatitude.com. You agree to be bound by any such modifications after they become effective.

1.2  You acknowledge that you received this Terms and Conditions of Use Agreement on the Company’s website.

1.3 General Mutual Agreement to Provide Device and Perform Obligations: We agree to provide you with the Latitude Mobile Alarm Alert Pendant Device in good working condition. You agree to make the payments and perform the other obligations contained in this Agreement.

1.4 Agreement to Test: Upon receiving the Device, you agree to charge it, and test it, and confirm that when you press the button, it makes contact with the monitoring facility or with your emergency contacts, whichever option you chose when the Device was activated.  You acknowledge that your Device can be programmed to be self-monitoring, i.e., to directly alert family, friends, and emergency contacts without a monitoring facility, or to be monitored by a monitoring facility.

2.0 Free Express Delivery in the United States (For Non-Veterans’ Administration and Government Orders): The Company will send your Device free of charge via United States Postal Service (USPS) Express Shipping. You will pay for any expedited shipping you request at the time of the transaction if the option is available in your area. After ordering online, you will receive an email confirmation containing your order details, if you provided your email address. We will confirm receipt of your purchase within 24 hours if you provided your email address. We will attempt a welcome call after delivery of the Device. You will receive an email, if you have provided your email address, with details on how to track the delivery through USPS.

2.1 The Company is not responsible for any lost or stolen packages once the Device has been delivered to the USPS by the Company. You must address any issues, concerns, or complaints, or any issues of fees related to insurance claims to the USPS once the Device has left the possession of the Company. We will provide a tracking number to you at the time the package is given to the USPS if you have provided us with your email. Please see the USPS policies found on their website for lost or stolen packages.

3.0 Alerting Process: The Company will provide you with a Device in good working order which you must activate by charging the Device for at least two (2) hours before using it. When you press the button on the Device, an initial alert signal will be sent to a monitoring facility if you chose the monitoring option, or to your emergency contacts if you selected self-monitoring The monitoring facility is not part of Latitude USA, LLC and is solely owned and operated by Affiliated Monitoring.

3.1 For Devices programmed to call the monitoring facility: To press the button means to alert the monitoring facility of the possible need to contact the people or entities you identified to the monitoring facility of an event that may require some kind of assistance. The monitoring facility, using the two-way talk feature of the Device, will ask you if you want first responders to respond to your emergency. You, or someone helping you, must reply. The monitoring facility may choose, in its sole and absolute discretion and without any liability, to contact or attempt to contact you as often as it deems necessary to confirm the need to alert the contacts/responders you listed. If the monitoring facility receives instructions from you to disregard the alert, it may, in its sole and absolute discretion and without any liability, call the contacts you listed, or it may not call them, or it may inform them that it had received advice from you to disregard the alert. Depending on what you chose when you purchased the Device, the monitoring facility may (1) dispatch local first responders, or (2) dispatch local first responders and then notify the three contacts you have listed, or (3) do both.

3.2 For Devices programmed for self-monitoring: To press the button means to directly alert the people or entities on your list of contacts of an event that may require some kind of assistance.

3.3 Coverage: For this process to work correctly, you must be in a geographic area within the United States of America where 4G, 4G LTW mobile network coverage is provided. You acknowledge that if you are not in such an area when attempting to use the Device, the alert signal may not be communicated to the monitoring facility, or to your contacts, even if you press the button. In such circumstances, the Company is not responsible for any failed alerts.

3.4 The Company uses AT&T mobile coverage maps to determine 4G mobile coverage in your primary residence location when processing your purchase order for the Device. Such maps predict likely areas of coverage but do not guarantee coverage. You understand that there may be certain geographic locations where the Device will not work. Structures such as elevators, tunnels, underground parking lots, concrete buildings, mountains, trees, and other structures may hinder coverage. You agree that when you are in such locations, it is your responsibility, and not the Company’s, to test the Device by pressing the button and, if necessary, to move to a location where the Device will work. The Company does not guarantee that the Device will always connect to mobile networks or that an alert will always be received at the monitoring facility.

4.0 Technology: To determine the location of the Device, your Device may use, at your option, Bluetooth, WI-FI, or a Global Positioning System. By using the Device, you understand that the Device and the alert it is designed to send are limited by the common limitations of all Global Positioning System (GPS) devices, Wi-Fi Devices and distance from the Bluetooth enabled charging base. The Device uses built-in GPS technology to fix the location of the device with a precision of 6.5 feet. To work effectively for GPS, the Device requires line-of-sight connection to GPS satellites. For communication by and to the Device, the Device must be positioned toward the sky. Typically, 10 minutes is required for the Device to receive its first location fix.

4.1 You may not create any new or derivative works from the Device nor reverse engineer it in any way.

5.0 Fair Use Policy and SIM Card: You acknowledge that the Device has an installed SIM card that you must use according to our Fair Use Policy herein. Except when you are testing the Device, you agree to use the Device only for alert events, i.e., for making and receiving communications related to emergencies. If you use the Device for non-emergencies, the Company may impose restrictions and/or charge additional fees.

5.1 You agree not to use the Device as a cellular telephone for ordinary, non- emergency communications. The Company has allocated a sufficient amount of data, and voice, and SMS access to your Device for emergency use based on average usage patterns. Voice and text usage for your Device is monitored by the Company, and if you use the “side talk button” or the “location text function” excessively or for non-emergency purposes, the Company will contact you to discuss usage options and may disable those functions or charge you additional fees. A threshold limit has been placed to bar the Device and provide it with a new mobile number. This prevents SPAM calling or texting into the Device.

5.2 (For Non-VA Customers): You acknowledge that SIM card fees are likely to change due to market conditions; therefore, the Company reserves the right to change fees, charges, and other terms. Those fees, charges and other terms may differ from those charged you on the date you purchased your Device. It is your responsibility to become aware of any such changes made to the Company’s unlimited emergency text and voice call rates. The Company has allocated credit to your SIM card for the first 12 months. It is your responsibility to recharge your SIM card every 12 months. The recharge fees will be automatically allocated to the credit card listed on your account.

6.0 Limitations of Liability: You and the Company agree that the Device is not designed or guaranteed to prevent any injury or loss. The Company does not assert nor guarantee that the Device will avert accidents, deaths, or personal injury, or property damage to you or to others. The Company is not liable for any claims made as a result of any alleged undue delay in any emergency service response nor is it liable in any manner for any damage or loss resulting therefrom.

6.1 If, notwithstanding the terms of this Agreement, there should arise any claims of liability against the Company on the basis of any cause whatsoever, regardless of whether or not the claimed loss, damage, or personal injury was caused by or contributed to by the Company’s alleged negligence to any degree, or by any alleged failure to perform any obligation related to the Device, such liability shall be limited to the sum of the current price of the Device as listed on the Company’s website at the time of the alleged incident. Neither the Company nor any of its representatives shall be liable for any general, special, direct, exemplary, punitive, incidental, or consequential damages.

6.2 The Company is not liable for any form of injury, damage, or loss by persons failing to respond or failing to respond promptly to an alert, or by the nature of a response to the alert sent by the Device. Further, you are responsible to enter correct information about yourself and your contacts; if your information is inaccurate or incomplete, the Company shall not be liable for any injury, damage, or loss to you.

6.3 You agree that you, and not the Company, is responsible for any payments owing to first or other responders who are alerted via the Device alerting process.

6.4  The Company is not liable for the loss of the Device or for any damage caused by you or others, in whole or in part, to the Device while in your possession, or for improper activation, unreasonable use or abuse of the Device, or for your failure to provide proper maintenance of the Device. Nor is the Company liable for your failure to follow the written instructions the Company gave you about the use of the Device, or for your failure to regularly test the Device.

6.5  The battery in the Device cannot be changed by you. You must request a new Device if the Device is not working correctly. You must allow up to at least one week to receive a new Device after notifying the Company. The Company is not liable for any missed alert events during any time you are not in possession of a working Device. You agree to follow the stated Warranty Terms and Conditions.

6.6  Indemnification: You agree, to the extent permitted by applicable law, to defend, indemnify, and hold the Company and its respective officers, agents, and employees harmless from any damage, loss, liability, demand, or claim, including reasonable attorneys’ fees, made by any third party due to your use of the Device.

7.0  Dispute Resolution: If a dispute, controversy, or claim (“Dispute”) arises between you and the Company, you agree to attempt to resolve the Dispute through binding, final arbitration rather than through litigation in court. You and the Company waive any right to a jury trial. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with a single arbitrator hearing the Dispute. Pleadings, briefs, and all other matters relating to the arbitration shall be kept confidential. The arbitrator’s decision will be final and binding.

7.1  You and the Company agree that any arbitration shall be limited to the Dispute between you individually and the Company. To the fullest extent allowed by law, you shall not join your arbitration with any other; no Dispute shall be arbitrated as a class-action; and no Dispute may be brought by you in a representative capacity on behalf of the general public or other persons.

7.2  Any arbitration or litigation between the parties must be commenced and maintained in the State of Utah, USA with written notice thereof provided via the United States Postal Service and addressed to the party’s address. The address of the Company is: Latitude USA, 290 South Main Street, Bountiful, Utah USA 84010

8.0 Refund/Return Policy: You agree that the Company has published its Refund/Return Policy on its website and you acknowledge that you read and agreed to the policy when you purchased your Device. If for any reason you are not 100% satisfied with your purchase, the Company will refund your purchase price less a fee of 25% for restocking, if you request a refund within 30 days from the time you received your Device. The paid monthly monitoring fee will not be refunded. If you are not satisfied with your purchase, please contact us within 30 days at: info@golatitude.com or call us toll-free at (866) 205-4872

8.1 This refund policy does not apply to a Device which shows any wear and tear or is damaged after delivery, or if any attempt has been made to alter the Device, or if the Device has been dropped or broken. In such circumstances, all warranties, and refunds, and/or returns are voided. The Device must be returned in its original condition with original packaging. All postage and insurance costs are to be paid by you. You are responsible for any risk of loss, theft, or damage during transit. The Company is not responsible for parcels lost or damaged in transit if you chose not to insure return.

8.2 Refund Amounts: It is your responsibility to test your Device during the 30- day return policy window and identify any mobile network coverage issues, device malfunctions, or signal issues. We use our best efforts to establish if there is adequate coverage at the location where you reside. Our standard practice is to test the Device with you on our welcome call, but, ultimately, testing is your responsibility. If device is lost, stolen or damaged while in customers possession, customer may pay a device deductible fee of $125 for a new device.

8.3 We cannot guarantee that when you use the Device inside your residence there will be an adequate signal, although we use our best endeavors before delivery to check the coverage. We recommend you enter multiple contacts for your Device. If after testing, you believe there is an insufficient signal for the contacts you entered, then you should contact us via phone or email before the 30-day return policy period expires in order to allow us to investigate the issue. If, after investigating, we find the coverage is inadequate, and we cannot arrange an alternate SIM card and network provider, upon the device being returned to us, we will refund the purchase price without a restocking fee.

8.4 Cancellation within or after the 30 days for Various Reasons: Should you choose to cancel your subscription within or after 30 days for any reason other than that the Device is not functional, you may keep the device. To proceed with the cancellation, please contact us toll-free at (866) 205-4872. You will not be refunded your initial purchase price, but you will also not be charged any further fees for the subscription plan you signed up for.

8.5  Additionally, as a benefit, if you decide to use the same Device again in the future for the same user, we will not charge you a reactivation fee. If you would like to use the Device for a different user, we require a $47 transfer fee. Once you provide us with the new user information, including the new user’s chosen contacts and their preferred contact method, as well as payment and subscription plan, we will update our records and monitoring service accordingly.

9.0 Limited Warranty Terms and Conditions: If the Device becomes inoperable due to a defect in materials, design, or workmanship, the Company will replace the Device at the Company’s expense. You may not assign this warranty. You must either deliver the Device to the Company’s office (at your cost) or notify the Company of any defect so that warranty actions may be taken. Ordinary wear and tear excepted, this warranty does not cover damage caused by negligence, accidents, vandalism, mistake, flood, water, lightning, fire, intrusion, abuse, misuse, force majeure, attempted unauthorized repair service, modification by anyone other than the Company or its authorized subcontractors, or any other cause.

9.1 You acknowledge that statements of fact or promises made by the Company shall not be held to create an express warranty. You further acknowledge that the Company does not represent or warrant, including any implied warranty of merchantability or fitness, that the Device may not be circumvented or compromised. You agree to use the Device at all times for the purpose for which it was intended. You acknowledge that there are no express warranties that extend beyond those stated in this Agreement, and that all implied warranties, if any, coincide with the duration of the warranty described herein. If you live in a state that does not allow limitations on how long an implied warranty lasts, the limitations or exclusions noted above may not apply to you. This warranty gives you specific legal rights, and you may also have other rights depending on where you live.

9.2  All of our obligations are automatically suspended without notice to you, and you waive all claims and release us for all damage, loss, liability, and expense if the communications equipment, monitoring facility or services, or network services are damaged, destroyed, inoperable, or malfunction. Our obligations are suspended until the problem(s) is solved.

10.0 Full Agreement: This Agreement constitutes the complete understanding of the parties and may not be modified, amended, or cancelled, except in a writing signed by both parties. You acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set forth in this Agreement, and you waive all claims made in connection with any such representations.

10.1  Severability: If any provision of this Agreement becomes void, all other provisions remain in full effect.

10.2  Conflicting Documents: If any conflicts arise between this Agreement and your purchase order or any other document, this Agreement prevails, whether or not such purchase order or other document is prior to or after this Agreement.

11.0  Jurisdiction and Governing Law: The parties to this Agreement submit to the jurisdiction and laws of the United States of America and agree that this Agreement shall be governed by those laws and by the laws of the State of Utah.