PRODUCT AND SERVICE TERMS AND CONDITIONS
The parties bound to these Terms and Conditions shall be UnaliWear, Inc. (“UnaliWear”), and the person(s) whose name(s) appear(s) under the words “Wearer” and, if different, the person (“Buyer”) whose name appears under the words “Buyer Information” on the Order Confirmation on the UnaliWear web site. Wearer is sometimes referred to as “User” and “Buyer” is sometimes referred to as “Purchaser”, collectively referred to as “Customer.” “Equipment” refers to UnaliWear’s Kanega watch and any other accessories or devices provided to you by UnaliWear. UnaliWear reserves the right to assign this Contract, or to subcontract its obligations hereunder, to any third party without the consent of the Customer.
TERM AND TERMINATION
The Contract shall become effective upon Customer’s receipt of the Equipment for use by the User and shall be effective for an initial term of one (1) year, with such term to be automatically renewed until terminated. Purchaser agrees to pay UnaliWear all applicable fees for the entire period during which the Contract is in effect. The Contract may be terminated by the Customer or UnaliWear at any time for any reason. Any termination by Customer shall be effective upon written notice to UnaliWear. Any termination by UnaliWear, 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. In the event of any cancellation (either by Customer or by UnaliWear), UnaliWear will refund to Purchaser an amount equal to the prorated monthly amount for any fee already paid. For details visit: Cancellations & Returns.
UnaliWear will provide Mobile Personal Emergency Response System (mPERS) Equipment and ensure that such Equipment is monitored twenty-four hours a day, seven days per week, by a professional medical alert monitoring service contracted for such purposes by UnaliWear. Upon notification of an emergency condition by User’s implementation of the monitoring system, UnaliWear or its designee will take all reasonable and practicable steps to notify appropriate caregivers or emergency response services as designated by and in accordance with the UnaliWear Configuration and Monitoring Center Information provided by the User. Customer acknowledges and understands that this monitoring system is dependent on the functionality of cellular service and/or internet connectivity and recognizes that UnaliWear has no control over, nor is it responsible for, such functionality or connectivity.
Except as otherwise set forth below, UnaliWear shall provide to Customer all mPERS Equipment necessary to provide the monitoring set forth above. Such Equipment shall be wholly owned by Purchaser for Customer’s benefit.
CONSENT TO RECORDING
For training and quality control purposes, User consents to the recording of any and all communications between User and UnaliWear, its subcontractors, employees, agents or assigns.
Customer is responsible for: (a) initial setup of Equipment; (b) regularly testing service and verifying cellular service functionality and in-home internet connectivity; (c) refraining from attempting to repair or alter Equipment; promptly informing UnaliWear of any malfunctions regarding Equipment; and (d) refraining from causing the unreasonable occurrence of any false alarm or, in the event of such, paying the reasonable costs incurred by UnaliWear, its agents, designees, or subcontractors, in responding to such false alarm(s) including any duly levied fines or penalties incurred arising from such false alarm(s).
ONE (1) YEAR LIMITED CONSUMER WARRANTY
UnaliWear’s warranty obligations for the Kanega watch are limited to the terms set forth at this web site: Limited Warranty.
LIMITATIONS ON LIABILITY
UnaliWear 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 furthermore understands that UnaliWear is not an insurer and payments provided to UnaliWear 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 UnaliWear is inherently difficult and therefore agrees, if there should arise any liability under this Contract or in any way related to the services provided, whether based in tort, contract, or otherwise, UnaliWear’s liability shall not exceed One Thousand Dollars ($1000.00), inclusive of all claims for damages, costs, or otherwise. Upon such a finding of liability, this amount shall be paid by UnaliWear 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 UnaliWear be liable to Customer for incidental, consequential, special, exemplary, or other damages.
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 UnaliWear hereunder, Customer agrees to indemnify, defend, and hold harmless UnaliWear, its employees, agents, and subcontractors against any and all such claims, regardless of the claimant’s theory of liability.
This Contract shall be construed according to the laws of the State of Texas and all actions or claims arising under or relating to this Contract shall be brought exclusively in the courts of Travis County, Texas. Purchaser and User hereby expressly consent to the jurisdiction of the courts of Travis County, Texas, for the resolution of such disputes and furthermore permanently and irrevocably waive any right to a jury trial for any claim or action arising under or relating to this Contract. Should UnaliWear 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 UnaliWear the reasonable attorney’s fees associated with such engagement.
UnaliWear reserves the right to modify these Terms and Conditions by publishing such on its website and Customer agrees that such publication shall be deemed adequate notice of such modification and agrees to be bound by such modified Terms and Conditions upon such publication.