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The parties to these Terms and Conditions are Blue Star Service Solutions, Inc., doing business as BlueStar SeniorTech (“BlueStar”), the User, and the Purchaser (Use and Purchaser together referred to as “Customer”). BlueStar reserves the right to assign this Agreement, or to subcontract its obligations hereunder, without the consent of the Customer.
2. Term and Termination
The Agreement becomes effective upon purchase of a subscription for use with the BellPal watch by the User and will be effective for an initial term of 30 days, with such term to be automatically renewed until terminated. Purchaser agrees to pay BlueStar all applicable fees due while the agreement is in effect. The Agreement may be terminated by the Customer or BlueStar at any time for any reason. Any termination by Customer shall be effective upon written notice to BlueStar. Any termination by BlueStar, such as in cases of non-payment of fees or misuse of the monitoring system by Customer, shall be effective upon five (5) days’ advance notice to Customer.
3. Monitoring System
Upon notification of an emergency condition by User’s implementation of the monitoring system, BlueStar or its designee will take all reasonable and practicable steps to notify appropriate caregivers or emergency response services in accordance with the Emergency Protection information provided by the User in this Agreement. Customer acknowledges and understands that this monitoring system is dependent on the functionality of cellular service, telephone networks, GPS connectivity, and Bluetooth connectivity to the customer’s mobile phone and recognizes that BlueStar has no control over, nor is it responsible for, such functionality or connectivity. Specifically, GPS is limited by satellite connection to the User’s location, and cellular service is dependent on the cellular coverage at the User’s location. BlueStar has no control over GPS satellites, cellular coverage or the customer’s mobile phone.
4. Customer Responsibilities.
You may use the BellPal watch and subscription for your own personal use but may not sell or otherwise use the service commercially. You may occasionally test the manual alarm function to ensure that the watch and app are paired and functioning.
5. Limitations on Liability
BlueStar makes no warranties or guarantees of any kind whatsoever related to the monitoring system or related equipment and expressly disclaims any such warranties or guarantees, whether express or implied. Customer understands that BlueStar is not an insurer and payments provided to BlueStar are solely for the services set forth herein. Customer agrees and acknowledges that fixing actual damages from the incidence of any negligence or failure to perform on the part of BlueStar is inherently difficult and therefore agrees, if there should arise any liability under this Agreement or in any way related to the services provided, whether based in tort, agreement, or otherwise, BlueStar’s liability shall not exceed $5,000, inclusive of all claims for damages, costs, or otherwise. Upon such a finding of liability, this amount shall be paid by BlueStar and received by Customer as liquidated damages in full and fair compensation for Customer’s loss and not as a penalty. In no circumstance shall BlueStar be liable to Customer for incidental, consequential, special, exemplary, or other damages.
6. Third-Party Indemnification
Should any third party seek contribution or compensation for any claim or loss relating in any way to the services or equipment provided by BlueStar hereunder, Customer agrees to indemnify, defend, and hold harmless BlueStar, its employees, agents, and subcontractors against any and all such claims.
7. Dispute Resolution
This Agreement shall be construed according to the laws of the State of Maryland. Purchaser and User hereby consent to the jurisdiction of the courts of Montgomery County, Maryland, for the resolution of such disputes and permanently and irrevocably waive any right to a jury trial for any claim or action arising under or relating to this Agreement. Should BlueStar be required to engage legal counsel for the purposes of resolving any dispute with Customer or to enforce any term or condition herein, Customer agrees to pay the BlueStar the reasonable attorney’s fees associated with such engagement.
To discontinue subscription, Customer will call 800-300-1724 ext. 2 to request a cancellation.