Product use Terms and conditions
Parties and agreement
USER: (Person(s)s using the MEDICAL ALERT SYSTEM)
LATITUDE USA, LLC.: (Supplier of the LATITUDE MOBILE ALARM PENDANT device) of 290 S Main St, Bountiful, UT 84010.
The parties hereto agree that:
Alerting users/caretakers, and/or a monitoring service in an emergency
The USER of the device to caretakers and/or our monitoring service understands that the device(s) and/or monitoring service is used as a first, initial alert system to assist the user in an emergency, when under duress or when in need of emergency assistance. It is intended and supplied to simply alert the USER’S chosen family, friend, care giver, neighbors and/or our central monitoring service in case of emergency, so they can quickly dispatch someone to come to the USER’S aid. For our self monitoring servicing, 911 can be included as a point of contact, but use of the device does not assure that assistance and/or protection in said emergency that help will arrive and dispense assistance within a specific time frame.
Limitations of device(s): Mobile network coverage disclaimer
The USER comprehends the actual mobile alarm connection is contingent on where they are in relation to the available 4G, 4G LTW mobile network coverage. USERS should be fully aware that LATITUDE USA uses AT&T mobile coverage maps to test on available 4G mobile coverage in the USER’s primary home when processing the USER’s order and that these maps have been produced using tools that predict the likely areas of coverage, but do not guarantee said coverage.
Not all specific locations within an identified coverage areas have been independently tested for coverage. This means that while the footprint of coverage outlined on the maps is usually correct, there will be specific areas defined as being within a coverage area where a USER’s mobile alarm/device will not work.
This is a typical characteristic of wireless cell tower systems. For instance, coverage could be worse or non-existent in specific locations due to specific physical structures or geographic features physical structures or as a direct result of the device being used. Physical structures which may inhibit, or block coverage could include tunnels, road cuttings, lifts, basements, underground car parks, concrete buildings. Geographic features which may block, or hinder coverage could contain formations such as trees, hills, and/or even mountains.
If the USER is relying on the device for potential emergencies, it is the responsibility of the USER to test the device before using it and relying on it, as well as administering regular tests. LATITUDE USA does not guarantee that the device can always connect to the mobile network, or that a help call or help text will be always received by an emergency contact immediately, or even within a short period.
Limitations of device: GPS Functions disclaimer
The USER understands that the GPS functions and the help text alarms the device sends out with a GPS location on Google Maps are constrained to the common limitations of all GPS systems.
The device uses the built in GPS technology to fix the location of the device with a precision of 6.5 feet. For the GPS functions to work effectively it requires a line-of-sight connection to GPS satellites in the sky. For the device to receive the signal emitted, it needs to be pointed towards the sky. It typically takes up to 10 minutes to receive its first location fix and works to decipher the co-ordinates of its exact location.
Option available without GPS location fix: If this option has been turned on, in the event that the pendant cannot receive the GPS signal it can also provide it’s Bluetooth (base station programmed primary residence address) or a wi-fi position or its last known position solely in a help text The device does not use a ‘triangulation method’ when a current GPS fix is not accessible. The device checks for an updated GPS location whenever the device is activated in accord with the default, power saving mode, and therefore, LATITUDE USA cannot guarantee that the device always knows the current GPS location, i.e. When the help button is activated or a ‘loc’ request is sent to it via text.
Concrete buildings, tunnels, elevators, underground parking garages, and other constructions may block the signal from satellites to the pendant. It is probable that if a wearer of the pendant is in a location where there is no GPS signal that there may also be no 4Gmobile signal indicating the functions of the device will not operate correctly until the wearer moves to an unobstructed location.
Limitation of unlimited emergency calls and texts being available
The USER understands that the device has a SIM card installed that must be used in accordance with our “Fair Use Policy.” (see section 5) Text alarm functions, receiving or making phone calls should only be used in real life emergencies. If the USER uses the device in a non-emergency or an excessive amount determined by LATITUDE USA, then restrictions and/or additional fees may be applied.
The USER understands that the cost of sim card usage may change from the date of purchase and that it’s the USER responsibility to make themselves aware of any changes made to the LATITUDE USA unlimited emergency text and voice call rates.
Fair use policy
Yearly recharge of your SIM card
We have allocated the first 12 months of credit to your SIM card. You will need to recharge at 12 months and the fees associated with the renewal will be automatically charged to your card listed on your account. Fees are prone to change depending on the market and cost of service at the time of charge. We reserve the right to change the charges, fees, or other terms described in this Agreement.
Emergency usage policy (’Fair Use’)
LATITUDE USA devices are designed to be used in an emergency and not like a communication device such as a cellular phone. Your device comes under our ‘Fair Use Policy’ which means it is to be used for help in emergency situations only.
Excessive use advice
We have allocated an adequate and fair amount of data and voice to your device based on average usage patterns of thousands of customers. Voice and text usage for every device is monitored by LATITUDE USA. USERS using the device’s ‘Side talk button’ or the ‘Location text function’ heavily will be contacted to discuss usage options. Thresholds have been set to notify LATITUDE USA of excessive usage of the mobile medical alert services and users abusing the service will be notified immediately. LATITUDE USA reserves the right to apply further charges or additional fees for excess use. LATITUDE USA reserves the right to disable these two functions if used excessively or charge any additional fees as they see fit.
Limitation of liability
The parties agree that the device is not guaranteed or designed to prevent any injury or loss.
If, notwithstanding the terms of this agreement, there should arise any liability on the part of LATITUDE USA, as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by LATITUDE USA negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the sum of the current price of device listed on companies website at time of incident.
LATITUDE USA cannot ensure in any way that the device will avert accidents, accidental deaths, deaths, or personal injury to the USER or property damage, others, illegal entry, or undue delay in any emergency service response from occurring and LATITUDE USA is not liable in any manner for any damage or loss resulting there from.
LATITUDE USA is not held liable or responsible for any form of injury, loss or damage caused by person(s) responding, failing to respond, or failing to respond promptly to USER’S home or other location at any given time. LATITUDE USA is not responsible or liable for any injury, loss or damage caused in whole or in part to the device while in your possession, improper installation, unreasonable use or abuse of the device, failure to provide proper maintenance or to follow the written instructions provided or failure to regularly test the device.
LATITUDE USA publishes it refund/return policy on its website and the USER agrees that this policy was available at the time of purchase.
Delivery of these terms and conditions
The USER acknowledges that these terms and conditions and incorporated documents were made available to the USER online via LATITUDE USA website.
Should there arise any conflict between this agreement and USER’S purchase order or other document, this agreement will stand, whether such purchase order or document is prior to or after this agreement.
Full agreement / Severability
This agreement constitutes the complete understanding of the parties and may not be modified, amended, or cancelled, except in writing signed by both parties. The USER acknowledges and represents that the USER has not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set forth in this agreement and waives any claims in connection with said. Should any provision of this agreement be viewed as void, all other provisions will stay in effect.
The USER submits to the jurisdiction and laws of The United States of America and agrees that any arbitration or litigation between both parties must be commenced and maintained in Utah, USA. Service of process or papers in any legal proceeding or arbitration between the parties may be made by USPS and addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service.
LATITUDE USA POSTAL ADDRESS: 290 S Main St, Bountiful, UT 84010 USA.
The USER understands that instead of being sued or suing in court, the parties may have their dispute determined by arbitration or mediation.
This Agreement shall be governed by the laws of United States of America in the State of Utah.