Terms of Service

Last updated on April 30, 2021.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AND A WAIVER OF JURY TRIALS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.

IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT DOWNLOAD THE AMP MOBILE APPLICATION, OR DELETE IT IF YOU ALREADY DOWNLOADED IT, AND DO NOT USE THE SERVICES.

AMP CUSTOMER Terms of Service

These Terms of Service (“Terms”) govern your legal rights to use or access the mobile application, services and websites of AMP, LLC (the “Services”, as further defined below). AMP, LLC (hereinafter “AMP” or the “Company” or “we” or “our” or “us”) is defined herein to include its members, directors, managers, officers, employees, agents, investors, affiliates, subsidiaries, successors and assigns.

Please read these Terms carefully before downloading the AMP mobile software application (hereinafter the “AMP App”) and using the Services. By downloading and using the AMP App, the emCall.com website and the Services, you signify your acknowledgement and assent to each of these Terms. These Terms constitute a binding legal agreement between you and AMP (the “Agreement”). Please read these Terms closely because they contain important information about, among other things, A BINDING ARBITRATION, CLASS ACTION WAIVER, WAIVER OF JURY TRIAL, LIMITATION OF LIABILITY and INDEMNIFICATION. The Binding Arbitration clause requires you to arbitrate any claims you may have against AMP on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

I. SOME IMPORTANT DEFINITIONS

“Customer” or “you” or “your” or “user” or “Subscriber” includes any person who downloads the AMP App and utilizes the Services. If the Customer is an entity, the Customer includes that entities shareholders, partners, members, directors, managers, employees, and agents. YOU MAY NOT AUTHORIZE ANY OTHER PERSON TO UTILIZE THE AMP App OR THE SERVICES AND YOU HEREBY WARRANT AND REPRESENT TO AMP THAT YOU WILL NOT AUTHORIZE ANY OTHER PERSON TO UTILIZE THE AMP App. OR SERVICES IN ANY WAY, UNLESS SUCH PERSON IS UTILIZING THE AMP App AND SERVICES SOLELY TO SEND A MEDICAL ALERT SIGNAL OR PANIC ALARM SIGNAL ON YOUR BEHALF.

“Dealer(s)” means the person or entity that sold the Services to you and registered your account for the Monitoring Services. YOU UNDERSTAND AND AGREE THAT (I) THE SERVICES ARE ONLY SOLD THROUGH DEALERS; AND (II) YOU ARE CONTRACTING WITH THE DEALER TO PROVIDE THE MONITORING SERVICES, WHICH MAY INCLUDE AMP. There is no employer/employee or master/servant relationship between the Dealer and AMP.

“Monitoring Station” as used in these Terms means a central monitoring facility providing the Monitoring Services (defined herein) for and on your behalf. You understand and agree that AMP and the Monitoring Station are independent operating companies. There is no employer/employee or master/servant relationship between the Monitoring Station and AMP.

“Services” collectively means the features, functionalities, and services available on and through the AMP App, the emCall.com website, the Monitoring Services, any third party service provider of AMP, and any other related services AMP offers now or in the future. YOU UNDERSTAND AND AGREE THAT THE MONITORING SERVICES ARE PERFORMED BY A MONITORING STATION, NOT AMP.

II. APPLICATION OF TERMS TO MONITORING STATION

IT IS THE INTENTION OF THIS AGREEMENT THAT THE DISPUTE RESOLUTION, LIMITATION OF LIABILITY, THIRD PARTY INDEMNIFICATION, WAIVER OF SUBROGATION, DISPUTE RESOLUTION, WAIVER OF JURY TRIAL AND CLASS ACTION WAIVER CONTAINED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE MONITORING STATION AND ANY OTHER THIRD PARTY SERVICES PROVIDERS (“THIRD PARTY SERVICE PROVIDERS”) UTILIZED BY AMP TO PROVIDE ANY OF THE SERVICES. FURTHER, YOU UNDERSTAND AND AGREE THAT THE MONITORING STATION PROVIDING THE MONITORING SERVICE AND ANY THIRD PARTY SERVICE PROVIDERS ARE ENTITLED TO THE BENEFIT OF, RELY UPON, AND ENFORCE, THOSE CLAUSES, ALONG WITH ANY OTHER CLAUSE IN THIS AGREEMENT, IN THE EVENT OF ANY DEMAND, CLAIM, LAWSUIT, DISPUTE OR OTHER LEGAL ACTION BY YOU OR ANY THIRD PARTY AGAINST AMP, THE MONITORING STATION OR ANY THIRD PARTY SERVICE PROVIDER.

III. ENTIRE AGREEMENT/LEGAL AGE/ENTITY AUTHORIZATION

This Agreement represents the entire understanding relating to your relationship with AMP and use of the Services and prevails over any prior or contemporaneous, conflicting, or additional written or verbal communications between you and AMP. All rights not expressly granted herein are reserved by AMP.

You must be of legal age in your state to agree to these Terms, download the AMP App, and utilize the Services. If you are not of legal age, do not agree to these Terms, do not download the AMP App, and do not utilize the Services.

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).

IV. CHANGES TO THIS AGREEMENT AND SERVICES

AMP is free to revise or update these Terms or any other part at any time. If we make changes to these Terms we consider material, we will make reasonable efforts to notify you by placing a notice on the emCall.com website, notifying you through the Services, by sending you an electronic message, or by some other means. By continuing to use the Services after any such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms on the emCall.com website periodically for updates.

We are always trying to improve the Services, so they may change over time. We may suspend, discontinue or remove any part of the Services in our sole discretion, or we may introduce new features, functionalities or impose limits on certain features, functionalities or restrict access to parts or the Services from time to time. Similarly, we reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms, or the policies and procedures of AMP, the Monitoring Station, or any Third-Party Service Provider of AMP.

V. CONSENT TO ELECTRONIC CONTACT

You consent to receive electronic communications via email or text messaging or telephone call on your GPS enabled wireless device (such as a smart phone or tablet) that you, AMP or the Dealer entered when registering for the Services. Your consent applies for any purpose relating to the Agreement including, without limitation, information relating to the Services and any notifications from the Monitoring Station, or as provided for and permitted within this Agreement (“Notification Purpose(s)”). Further, you agree that AMP may contact you at the telephone number you or the Dealer provided for any Notification Purpose, and that contact may be made using any method, including telephone calls, automatic telephone dialing systems, or text or email messages sent to your GPS enabled wireless device. You also represent that when you or the Dealer provide us with a telephone number or an email address for yourself, any emergency contact or any other third party, that you and any individuals for whom you or the Dealer has provided AMP with a telephone number or an email address consent to receive service-related text messages, telephone calls, and emails for any Notification Purpose. You will be solely responsible for any message and data rates that may apply. You agree to notify AMP immediately through accessing your account on the emCall.com website in the event of any change to any of the email addresses or telephone numbers you or the Dealer provided to AMP. You agree to regularly check your voice messages, text, and e-mail messages for communications from AMP.

VI. PROVIDING AND UPDATING ACCOUNT INFORMATION

You are solely responsible for providing through the AMP App all information requested by AMP on the AMP App to register your account for the Services, and maintaining your account updated and accurate at all times on the AMP App (“Account Information”). IF YOUR ACCOUNT INFORMATION IS NOT ACCURATE OR UPDATED, THE MONITORING SERVICES MAY NOT WORK AS INTENDED AND THE MONITORING STATION MAY NOT RECEIVE A MEDICAL ALERT SIGNAL OR PANIC ALARM SIGNAL, OR ABLE TO LOCATE OR CONTACT YOU. You may request assistance from the Dealer to provide AMP with the Account Information, and to assure its accuracy and that it is always kept updated. YOU UNDERSTAND AND AGREE THAT AMP IS NOT RESPONSIBLE IN ANY WAY FOR MAINTAINING THE ACCURACY OF YOUR ACCOUNT INFORMATION, OR KEEPING YOUR ACCOUNT INFORMATION UPDATED.

VII. CANCELLATION OF SERVICE

FOR INFORMATION ABOUT CANCELING THE SERVICES YOU MUST CONTACT THE DEALER WHO SOLD THE SERVICES TO YOU. AMP or the Dealer may cancel your Services for your non-payment, breach of contract or for other reasons in accordance with the policies and procedure of the Dealer, the Monitoring Station, or any Third-Party Service Provider of AMP. In the event that your Services are cancelled at your request, by the Dealer or by AMP for any reason provided for in these Terms, you will receive an electronic communication via email or text messaging on your registered GPS enabled wireless device and the Services will no longer be available unless your account is re-activated by AMP or the Dealer.

AMP may, without prior notice, suspend or cancel the Services in event you or the Dealer default in performance of this Agreement, or the policies or procedures of AMP, the Monitoring Station or any Third Party Service Provider of AMP. Further, in the event AMP, the Monitoring Station or any Third Party Service Provider is not operational for any reason or your GPS enabled wireless device is sending excessive medical alert signals, AMP may, without prior notice, suspend or cancel the Services.

YOU HEREBY AGREE AND CONSENT THAT IF YOUR ACCOUNT IS CANCELLED OR SUSPENDED FOR ANY REASON, AMP WILL NOT PROVIDE THE SERVICES AND THE MONITORING STATION WILL NOT PROVIDE THE MONITORING SERVICE UNLESS AND UNTIL YOUR ACCOUNT IS RE-ACTIVATED BY THE DEALER THROUGH THE EMCALL.COM WEBSITE.

VIII. PATENT, TRADEMARKS, COPYRIGHTS AND LICENSE

Downloading the AMP App and using the emCall.com website and Services does not give you title to any such software, intellectual property, trademarks, or copyrights, including any related files, data and images incorporated in or associated therewith (collectively “Intellectual Property”). Your use of the Intellectual property shall be only in accordance with these Terms. The AMP App is copyrighted by AMP and may be protected by one or more patents owned by AMP. Intellectual Property may not be copied, redistributed, or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the Intellectual Property.

The AMP APP is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services. You agree to only use the AMP App in connection with a GPS enabled wireless device that you own or control.

Nothing in this Agreement shall be construed as conferring any license or use right to any trademark, service marks, or copyright, of AMP, the Monitoring Station, or any Third-Party Service Provider, whether by estoppel, implication or otherwise. All patents, trademarks, service marks and copyrights are the property of their respective owners. Except for those owned by the Monitoring Services and any Third Party Service Provider, AMP is the owner of all patents, trademarks, service marks and copyrights on the AMP App, the emCall.com website and the Services, whether registered or not, including, without limitation, the name “AMP” and “AMP, LLC.” AMP expressly forbids the unauthorized use of its logos, trademarks, service marks, copyrights, or other graphics to create links.

IX. RECORDINGS, CONTENT, AND PERMISSION FROM YOU

AMP does not claim ownership of your property rights, if any, in your Content. “Content” means all audio, video, written, images, text, e-mails, or other types of content captured or necessitated by the Services. Other than the rights you grant to us under these Terms, you retain all rights you have in your Content.

However, by using the Services, you give AMP, the Monitoring Station and any Third Party Service Provider the right, without prior notice, compensation or obligation to you, to access and use your Content for the limited purposes of providing Services to you, and as otherwise set forth in our Privacy Notice. In addition to the rights granted above, you also acknowledge and agree that AMP may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally or otherwise required to do so in the provision of the Services, or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process or reasonable governmental request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of AMP, its users, a third party, or the public as required or permitted by law. Deleted Content may be stored by AMP to comply with certain legal obligations and may not be retrievable without a valid court order.

X. SOFTWARE UPDATES

From time to time, AMP may develop updates, upgrades, patches, and other modifications to improve the performance of the Services, including the AMP App, or for other reasons in our sole discretion (“Updates”). You agree that AMP may automatically install such Updates without providing any additional notice to you or first receiving any additional consent from you. In addition, you agree to periodically check the App Store from which you initially downloaded the AMP App for Updates and promptly download any such Updates.

XI. AMP CUSTOMER SERVICE AND SUPPORT

You understand and agree that any customer service and any customer care and support offered or provided by AMP will be limited to questions relating to the AMP App. and these Terms. AMP is not the Monitoring Station or a 911 service, medical provider, or emergency dispatch center. FOR ANY CUSTOMER SERVICE, CUSTOMER CARE OR SUPPORT REQUESTS RELATING TO THE MONITORING SERVICES OR YOUR ACCOUNT INFORMATION PLEASE CONTACT AMP AT EMCALL.COM AND COMPLETE A HELP REQUEST FORM. SUCH FORM IS ACCESSIBLE HERE: HTTPS://SHARE.HSFORMS.COM/1PE-Q7RHYSR2HDCPPXLJD3G4LYSY.

PLEASE DO NOT CONTACT AMP CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY AMP IN THE EVENT OF AN EMERGENCY. IF YOU HAVE

ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

Questions relating to the AMP App., the emCall.com website or these Terms, should be directed to the contact point specified immediately below.

AMP, LLC, P.O. Box 1926, Studio City, CA 91614

support@emCall.com

XII. LIMITED AMP SERVICES

AMP offers software technology which permits Subscribers to download the AMP App to their GPS enabled wireless device. Through proper registration and use of the AMP App, Subscribers may send a medical alert signal or panic alarm signal to a Monitoring Station for Monitoring Services (defined herein). AMP DOES NOT SELL OR PROVIDE ANY EQUIPMENT; AMP IS NOT THE MONITORING STATION AND AMP DOES NOT PERFORM THE MONITORING SERVICES.

XIII. LIMITATIONS AND CONDITIONS

The AMP App is a software application to be downloaded onto a Subscriber’s GPS enabled wireless device (the “GPS Wireless Device”). AMP has not supplied the GPS Wireless Device and has no responsibility for its operation. GPS is a built-in feature of some GPS Wireless Devices and AMP has no liability for the operation or effectiveness of the GPS feature.

You acknowledge that medical alert signals and panic alarm signals which are transmitted by a GPS Wireless Device passes through communication networks wholly beyond the control of AMP and are not owned, controlled or maintained by AMP and, therefore, AMP shall not be responsible for any equipment failure which prevents medical alert signals or panic alarm signals from reaching the Monitoring Station or damages arising therefrom. YOU ACKNOWLEDGE THAT AMP ITSELF PROVIDES NO RESPONSE TO A MEDICAL ALERT SIGNAL OR PANIC ALARM SIGNAL; RATHER, SUCH RESPONSES ARE PROVIDED BY THE MONITORING STATION.

XIV. CELLULAR SERVICE / EXCESSIVE DATA USE

AMP does not provide for or on your behalf cellular or internet service (“Cell Service”). AMP is not responsible in any way for any cancellation, interruption, hacking, unauthorized access, or down time of your Cell Service. You acknowledge that the Services can be compromised if the GPS Wireless Device is lost or accessed by others, and AMP shall have no liability for such unauthorized access and use of the Services. You acknowledge that the Services will not work if your GPS Wireless Device or Cell Service is turned off or non-operational. AMP is not responsible for the security or privacy of any wireless network system or router used for your Cell Service and over which your GPS Wireless Device transmits data, including medical alert signals or panic alarm signals.

AMP shall have no liability for excessive data usage expenses that you may incur attributable to the Services.

XV. FINES, PENALTIES AND FEES

You are responsible for any fees, fines or penalties relating to any false alarms or failure to register the Services (including the Monitoring Services) with your local county or state, if required, and agree to promptly reimburse AMP and the Monitoring Station for any fees, fines or penalties assessed against them, or paid by them, relating to any false alarms that you caused, or your failure to register the Services.

You further agree to be responsible for, and promptly reimburse AMP and the Monitoring Station for, any excise, sales, property, or other tax, telephone lines charges, and any increase thereof, and any additional services or materials to provide the Services that may be required of, or imposed on AMP or the Monitoring Station, and not otherwise included in your contract with the Dealer for the Services.

XVI. GPS MOBILE TRACKING

By utilizing the Services on a GPS Wireless Device, the Monitoring Station may ascertain your location (assuming the GPS Wireless Device is on your person) when a medical alert signal or panic alarm signal is received by the Monitoring Station (“Mobile Tracking”). YOU UNDERSTAND AND AGREE THAT THE GPS FEATURE ON THE GPS WIRELESS DEVICE MUST BE ACTIVATED, TURNED ON AND OPERATIONAL FOR THE MOBILE TRACKING AND SERVICES TO WORK AND FIND YOUR LOCATION; OTHERWISE, THE MONITORING STATION WILL BE UNABLE TO FIND YOUR LOCATION OR PROVIDE YOUR LOCATION INFORMATION TO THE EMERGENCY RESPONDERS, IF CONTACTED.

The GPS Wireless Device will work only within the 50 United States, and in areas where Mobile Tracking has coverage; neither AMP nor the Monitoring Station have control over such coverage or the Mobile Tracking. Your GPS Wireless Device and the Monitoring Station may be unable to track your location with exact precision; generally, only ground level locations can be determined. Generally, the Monitoring Station will be unable to determine locations within a building or any structure. Neither AMP nor the Monitoring Station will have any liability for any inability to ascertain or report your location or exact location.

XVII. THE MONITORING SERVICE

YOU ARE CONTRACTING WITH AMP OR THE DEALER FOR MONITORING SERVICES, AND AMP OR THE DEALER WILL, IN TURN, REGISTER YOUR ACCOUNT WITH AMP. THE MONITORING SERVICES WILL BE PERFORMED BY A MONITORING STATION, NOT AMP. The Monitoring Services consists of a Monitoring Station (a) receiving a medical alert signal or a panic alarm signal and any related data transmitted from your registered GPS Wireless Device when you properly register for Services and utilize the AMP App to send a medical alert signal or panic alarm signal, and (b) a reasonable attempt to locate and make contact with you, in accordance with the policies and procedures of the Monitoring Station, over your registered GPS Wireless Device that transmitted the medical alert signal or the panic alarm signal to the Monitoring Station. If the Monitoring Station is unable to locate and/or make contact with you within a reasonable period of time, the Monitoring Station may, in accordance with its policies and procedures, attempt to make contact with one or more of your emergency contacts, if provided by you through the AMP App or the Dealer when registering your account and within your Account Information on the emCall.com website and available to the Monitoring Station. You agree that any person that you have designated as an emergency contact is authorized to act on your behalf, and has the authority to verify or cancel a medical alert signal or panic alarm signal received by the Monitoring Station prior to, or after, any notification of emergency responders. If required by law or authorized by you or one of your emergency contacts due to an actual medical alert emergency, the Monitoring Station shall, in accordance with its policies and procedures, notify emergency first responders of your location and receipt of a medical alert signal or panic alarm signal.

Again, you understand and agree that you are solely responsible for providing through the AMP App all Account Information required by AMP to register and maintain your account for Monitoring Services with the Monitoring Station. All Account Information must be accurate and kept updated at all times. You may request assistance from the Dealer to provide AMP with the Account Information, and to assure its accuracy and that it is always updated. IF YOUR ACCOUNT INFORMATION IS NOT ACCURATE AND KEPT UPDATED, THE MONITORING SERVICES MAY NOT WORK AND THE MONITORING STATION MAY BE UNABLE TO RESPOND TO A MEDICAL ALERT SIGNAL OR PANIC ALARM SIGNAL OR LOCATE YOU.

You agree to be solely responsible for registering the Services (including the Monitoring Services) with your local county or state, if required, and obtaining any required certification or permit, including the completion of all required applications and payment of fees.

NEITHER AMP NOR THE MONITORING STATION PROVIDES ANY MEDICAL OR EMERGENCY ADVICE. YOU AGREE NOT TO RELY ON ANY MEDICALLY RELATED STATEMENT, ASSURANCE, RECOMMENDATION OR ADVICE MADE OR PROVIDED TO YOU BY THE MONITORING STATION IN RESPONSE TO A MEDICAL ALERT SIGNAL OR PANIC ALARM SIGNAL.

YOU UNDERSTAND AND AGREE THAT NEITHER AMP NOR THE MONITORING STATION IS RESPONSIBLE FOR THE RESPONSE TIME OF EMERGENCY RESPONDERS, OR THE FAILURE OF EMERGENCY RESPONDERS TO RESPOND TO A DISPATCH REQUEST BY THE MONITORING STATION.

XVIII. PERSONAL MEDICAL DISCLOSURE AUTHORIZATION

You hereby authorize AMP to disclose to the Monitoring Station any medical or other personal information provided by you through the AMP App or the Dealer when registering your account and within your account information on the emCall.com website. Further, you hereby authorize the Monitoring Station to disclose any medical or other personal information provided by you, or to the Monitoring Station, to any police, fire, EMT personnel or medical personnel, or anyone on your emergency contact list.

XIX. NO LIABILITY FOR THE MONITORING SERVICES

The Monitoring Services are being performed solely and exclusively by the Monitoring Station. AMP does not, and will not, be performing the Monitoring Services or any part thereof. AMP is not assuming any liability for the Monitoring Services and, therefore, to the fullest extent permitted by governing law, you agree to release and hold AMP harmless from any liability for any loss or damage or any kind or sort that you may suffer or incur caused by, related to, or arising from the Monitoring Services performed by the Monitoring Center even if caused, in part, by the breach of contract, breach of warranty or negligence of AMP.

XX. WAIVER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, AMP MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE REGARDING THE AMP App., THE EMCALL.COM WEBSITE OR THE SERVICES. IF GOVERNING LAW DOES NOT PERMIT AMP TO LAWFULLY DISCLAIM STATUTORY OR IMPLIED OR EXPRESS WARRANTIES, THEN TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, ALL SUCH STATUTORY OR IMPLIED OR EXPRESS WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF ONE (1) YEAR FROM THE DATE YOU FIRST DOWNLOAD THE AMP APP.

AMP DOES NOT REPRESENT OR WARRANT THAT THE AMP APP OR THE SERVICES MAY NOT BE COMPROMISED OR CIRCUMVENTED, OR THAT THE SERVICES WILL PREVENT ANY LOSS, DAMAGE, PERSONAL INJURY OR LOSS OF LIFE.

AMP OFFERS NO REFUNDS OR RETURNS FOR SERVICES. ANY QUESTIONS OR ISSUES REGARDING ANY REQUEST BY YOU FOR REFUNDS OR RETURNS SHOULD BE ADDRESSED TO THE DEALER OR AMP AS APPLICABLE.

XXI. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IF AMP, THE MONITORING STATION OR ANY THIRD PARTY SERVICE PROVIDER IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF ANY WARRANTY, OR NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE) ARISING FROM, OR RELATING TO, THIS AGREEMENT, THE AMP APP, THE EMCALL.COM WEBSITE OR THE SERVICES (WHICH INCLUDES THE MONITORING SERVICES), THE MAXIMUM LIABILITY OF AMP, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER WILL BE LIMITED TO THE GREATER OF (I) TWO HUNDRED AND FIFTY DOLLARS ($250.00); OR (II) SIX (6) TIMES THE MONTHLY PAYMENTS ACTUALLY MADE BY THE CUSTOMER TO THE DEALER FOR THE SERVICES (EXCLUSIVE OF TAXES), AND THIS LIABILITY SHALL BE SOLE AND EXCLUSIVE. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER THINGS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, ECONOMIC LOSSES, MEDICAL BILLS, CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION, AND THE CLAIMS OF THIRD PARTIES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED OR INTERPRETED IN A MANNER WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER GOVERNING LAW.

XXII. WAIVER OF SUBROGATION

You should protect against any risk of loss with the appropriate insurance coverage (medical, disability, life insurance or otherwise), and you are responsible for obtaining all insurance coverage you believe is necessary and in your best interests. To the fullest extent permitted by governing law and the applicable policy or policies of insurance you obtain and maintain, you release AMP, the Monitoring Station and any Third Party Service Provider from all liability for any loss, occurrence, event or condition covered by your insurance.

XXIII. THIRD PARTY INDEMNIFICATION

THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS AMP, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST (I) ALL CLAIMS, DISPUTES, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST AMP, THE MONITORING STATION AND THIRD PARTY SERVICE PROVIDER ARISING FROM OR RELATING TO THIS THIS AGREEMENT, THE AMP APP, THE EMCALL.COM WEBSITE OR THE SERVICES (WHICH INCLUDES THE MONITORING SERVICES) (HEREINAFTER, A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF AMP, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY AMP, THE MONITORING STATION OR ANY THIRD PARTY SERVICE PROVIDER RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (HEREINAFTER, “THIRD PARTY LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY LOSSES OCCURRED, IN WHOLE OR IN PART, AS A RESULT OF THE BREACH OF CONTRACT, BREACH OF ANY WARRANTY, OR NEGLIGENCE OF ANY KIND OR DEGREE (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE IN THOSE STATES THAT DO NOT PERMIT INDEMNITY FOR GROSS NEGLIGENCE) OF AMP, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED OR INTERPRETED IN A MANNER WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER GOVERNING LAW.

XXIV. JURISDICTION AND GOVERNING LAW

AMP’s operations are in the State of California in the United States of America. Unless otherwise stated, promotional materials and content on the AMP App, the emCall.com website and Services are presented solely for promoting and use in the United States of America. Information published on the Services may contain references to services or programs that are not announced or available in your country, state, or region. AMP makes no representation that such information, services, or programs are legal, available, or appropriate in your country, state, or region.

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. To the fullest extent permitted by governing law, you hereby consent to Binding Arbitration, as set forth below, exclusively in Los Angeles County, California, and consent to personal jurisdiction therein.

XXV. DISPUTE RESOLUTION – BINDING ARBITRATION

Mandatory, Bilateral Arbitration and Waiver of Class Actions and Waiver of Jury Trial

PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, YOU AND AMP AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO THIS AGREEMENT, THE AMP App., THE EMCALL.COM WEBSITE OR THE SERVICES (INCLUDING THE MONITORING SERVICES) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION BEFORE A SINGLE ARBITRATOR OF THE AMERICAN ARBITRATION ASSOCIATION, except that this agreement to arbitrate does not include AMP’s right to seek injunctive or other equitable relief in a state or federal court to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and an appellate court’s review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, and must follow the provisions of these Terms.

“Disputes” shall include, but are not limited to, any claims or controversies between you and AMP against each other related in any way to or arising out of in any way from this Agreement, the AMP App, the emCall.com website or the Services (including the Monitoring Services), including but not limited to claims or controversies based in contract, tort, statute, fraud, misrepresentation, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and AMP or the Monitoring Station, even if the claim arises after you or AMP or the Monitoring Station has terminated Services. Disputes also include, but are not limited to, claims that: (a) you bring against AMP employees, agents, affiliates, or other representatives; or (b) AMP brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you, AMP, the Dealer and the Monitoring Station, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of these Terms; and/or (iii) claims that arise after any termination of these Terms.

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, YOU AND AMP EACH AGREE THAT ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and AMP expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE OUR RIGHT TO A JURY TRIAL.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND AMP ARE, TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

You and AMP each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be written, and binding on you and AMP and may be entered as a judgment in any court of competent jurisdiction.

Hearing

If your claim does not exceed ten thousand dollars ($10,000) (USD), you and AMP agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and AMP submit to the arbitrator, unless you or AMP request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or AMP, or deemed necessary by the arbitrator, you and AMP agree that the hearing may be conducted telephonically or video-graphically, at the request of either you or AMP.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award.

Fees

It is each parties’ responsibility to pay any filing, case management/administrative, and arbitrator fees as set forth in the rules of the American Arbitration Association. If required by governing law, to the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, AMP will pay the additional cost.

Agency Disputes

These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against AMP on your behalf.

XXVI. SEVERABILITY AND SURVIVAL

If any provision, or part thereof, of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision, or part thereof, shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Provisions that, by their nature, should survive any termination of these Terms shall survive termination. By way of example, all of the following will survive termination (this list is not exclusive): any obligation you have to pay us or indemnify us, the limitations on our liability, the waiver of subrogation, the terms regarding ownership of Intellectual Property, and terms regarding disputes between us.

XXVII. PRIVACY

Please see our Privacy Notice for information regarding the collection and use of personal information collected through the AMP App., the emCall.com website or the provision of the Services.

XXVIII. SUBCONTRACTING AND ASSIGNMENTS

You cannot transfer or assign this Agreement, or any part thereof, without AMP’s prior written consent; however, AMP can assign this Agreement or subcontract any of its obligations without your consent. If AMP does so, anyone to whom AMP assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the Terms including, without limitation, the LIMITATION OF LIABILITY, WAIVER OF SUBROGATION, THIRD PARTY INDEMNIFICATION AND DISPUTE RESOLUTION – ARBITRATION.

XXIX. NO THIRD-PARTY BENEFICIARIES

EXCEPT FOR THE MONITORING STATION, ANY THIRD-PARTY SERVICE PROVIDERS, SUBCONTRACTORS AND ASSIGNS OF AMP, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.

XXX. FORCE MAJEURE

Neither AMP nor the Monitoring Station or any Third Party Service Provider assumes any liability for interruption of the Services due to strikes, riots, floods, storms, earthquakes, fires, power failures, pandemics, insurrection, interruption or unavailability of telephone service, acts of God, Force Majeure Events (defined below) or for any other cause beyond the control of AMP, the Monitoring Station or any Third Party Service Provider. Neither AMP, the Monitoring Station nor any Third Party Service Provider will be required to provide the Services while any such cause may continue, or during any Force Majeure Events, defined to include any war, declared or undeclared, acts of war, insurrections, riots, civil commotions, terrorism, fire, flood, tornado, hurricane, earthquake or other natural phenomenon, act of God, accident, explosion, governmental orders, laws, rules, regulations, restrictions, priorities or administrative action, embargos, strike, lockout or other labor troubles or disputes, environmental conditions or any other cause beyond the absolute and exclusive control of AMP, the Monitoring Station or any Third Party Service Provider. The Services may be suspended or canceled, without prior notice at the option of AMP, if AMP, the Monitoring Station or Third Party Service Provider’s premises or equipment is destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue the Services, or in the event AMP, the Monitoring Station or any Third Party Service Provider is unable to render service as a result of any action by any governmental authority.

XXXI. STATE LICENSURE/ADDRESS AND PHONE NUMBER FOR AMP

The following is a list of licenses maintained by AMP, along with AMP’s address, telephone number and e-mail in the event you need to contact AMP:

AMP, LLC, P.O. Box 1926, Studio City, CA 91614

support@emCall.com