{"id":1566,"date":"2023-01-26T02:59:31","date_gmt":"2023-01-26T02:59:31","guid":{"rendered":"https:\/\/logicmark.com\/?page_id=1566"},"modified":"2024-09-01T04:13:25","modified_gmt":"2024-09-01T11:13:25","slug":"terms","status":"publish","type":"page","link":"https:\/\/www.logicmark.com\/terms\/","title":{"rendered":"Terms"},"content":{"rendered":"\t\t
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LogicMark
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Updated: October 25, 2023<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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These LogicMark Terms and Conditions (this \u201cAgreement\u201d) constitute a binding legal agreement between you as the user (\u201cyou\u201d) and\u202fLogicMark, Inc.(\u201cLogicMark\u201d) that governs your access to and use of LogicMark\u2019s personal emergency response systems, services and devices (\u201cLogicMark Devices\u201d), LogicMark\u2019s websites, including https:\/\/www.logicmark.com\/, LogicMark\u2019s mobile applications (\u201cLogicMark Apps\u201d), third party services bundled with our services (such as, without limitation, third party monitoring services \u201cPartner Services\u201d) and LogicMark\u2019s other products and services (collectively \u201cLogicMark Properties\u201d).<\/span>\u00a0<\/span><\/p>

BY USING OR ACCESSING THE LOGICMARK PROPERTIES, INCLUDING BY DOWNLOADING, INSTALLING OR USING THE\u202fLOGICMARK\u202fAPPS, AND\/OR ANY PARTNER SERVICES, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (III) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.\u202f IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR THE AGE OF MAJORITY IN YOUR JURISDICTION OR DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT, OR YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT ENTITLED TO ACCESS AND USE THE\u202fLOGICMARK PROPERTIES AND YOU MUST DISCONTINUE YOUR ACCESS AND USE.<\/span>\u00a0<\/span><\/p>

This Agreement REQUIRES all disputes between you and LogicMark to be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. Please review the Section below titled \u201cBinding Arbitration and Class Action Waiver\u201d for details regarding your agreement to arbitrate any disputes with LogicMark.<\/span>\u00a0<\/span><\/p>

You agree to all terms and pricing on the ordering page where you ordered the products and services, whether online, via an app, or otherwise (the \u201cOrdering Document\u201d, \u201cOrder Form\u201d, \u201cOrder\u201d or other similar nomenclature), subject to the additional and more detailed terms herein. Unless otherwise expressly stated in your Order, all hardware and equipment is leased and must be well maintained by you and returned, and all services are delivered on a subscription basis, subject to automatic renewal.\u00a0<\/span>\u00a0<\/span><\/p>

1.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Grant of Limited License.\u202f Subject to your ongoing compliance with this Agreement, LogicMark hereby grants to you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the LogicMark Properties solely for your personal, non-transferrable, non-commercial purposes. LogicMark reserves all rights not expressly granted in this Agreement.<\/span>\u00a0<\/span><\/p>

2.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Restrictions.\u202f Your use of the LogicMark Properties and all features and functionalities therein shall be in accordance with all applicable laws, rules, regulations and restrictions. You shall comply with this Agreement and shall not: (i) copy, distribute, modify, adapt, translate, reverse engineer, decompile, or create derivative works based on any part of the LogicMark Properties; (ii) use or encourage the use of the LogicMark Properties for any unlawful purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy; (iii) delete the copyright or other proprietary rights notices from the LogicMark Properties; (iv) remove, modify, disable, block, impair, or obscure any advertising in connection with the LogicMark Properties; (v) abuse or burden LogicMark\u2019s systems or take any steps which could limit, interrupt or destroy the functionality of the LogicMark Properties or any related software or hardware; (vi) misrepresent your identity; (vii) attempt to harvest or otherwise collect information about other users; (viii) insert any code or product or manipulate the LogicMark Properties in any way, including through malicious code such as viruses, worms, Trojan horses, spyware or other potentially harmful programs or other material or information; (ix) post, upload, publish, submit or transmit any content that infringes, misappropriates, violates or encourages conduct that would violate any applicable law or regulation or that is, in whole or in part, false, misleading, deceptive, fraudulent, harassing, threatening, defamatory, obscene, offensive, discriminatory, exploitative or otherwise harmful, or that promotes or relates to the use or sale of unlawful or regulated products or gambling; (x) access, use, benchmark or study any LogicMark Properties to create or improve any competing product(s) or service(s); or (xi) sublicense or otherwise authorize any third party to access or use the LogicMark Properties.<\/span>\u00a0<\/span><\/p>

3.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Termination. \u202fThis Agreement is effective until terminated. Customer may terminate at any time after the first 90 days of service, but may be subject to standard restocking fees and shall not be entitled to any refunds, whether for setup or activation or initiation fees, handling fees, shipping fees, hardware costs, fees for monitoring or other services provided prior to the termination date, or for any prepaid amounts or otherwise.\u00a0 LogicMark reserves the right to modify, terminate and suspend the operation of the LogicMark Properties, as well as the provision of any or all products, services or content via the LogicMark Properties, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. The rights granted to you herein shall, at LogicMark\u2019s option, terminate immediately upon any violation of law or this Agreement, or upon expiration or termination of your subscription, as applicable, to access and use the LogicMark Properties, without prejudice to any other rights or remedies of LogicMark. LogicMark reserves the right to terminate your access to and use of the LogicMark Properties at any time for any reason without notice or liability to you or any third party. The terms of this Agreement which by their nature survive termination shall so survive termination, including, without limitation, the disclaimer of warranties, limitation of liability, binding arbitration and class action waiver. Upon termination, you must uninstall the LogicMark Apps and destroy all copies of LogicMark software, information or materials in your possession or under your control.<\/span>\u00a0<\/span><\/p>

4.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Data.\u202f You acknowledge and agree that LogicMark shall, without limitation, have the right to collect, extract, compile, analyze, use and commercialize certain technical data, usage data and related information, including, without limitation, information about your use of the LogicMark Properties and your device, system, application software and peripherals, for purposes of facilitating the provision of software updates, support and other products and services related to the LogicMark Properties. LogicMark and its affiliates shall have the right to use this information, in a form that does not personally identify you, to measure the use and performance of the\u202fLogicMark Properties and to improve its or their products or to provide services or technologies to you. More information about LogicMark\u2019s data collection and use is available in LogicMark\u2019s Privacy Policy.<\/span>\u00a0<\/span><\/p>

5.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Account Registration; Security.\u202f In order to access certain features of LogicMark Properties, you will have to create an account. You agree that the information you provide to LogicMark upon registration and, at all other times, shall be true, accurate, current, and complete. You acknowledge, consent and agree that LogicMark may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to your requests for customer service; (iv) protect the rights, property or personal safety of LogicMark, each of its users, and the public; or (v) otherwise in accordance with the Privacy Policy. When you register for the LogicMark Properties, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you shall immediately notify LogicMark. You may be liable for losses incurred by LogicMark or others due to any unauthorized use of your account.<\/span>\u00a0<\/span><\/p>

6.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Updates and Support.\u202f LogicMark may from time to time in its sole discretion develop and provide updates to the LogicMark Properties, which may include upgrades, bug fixes, patches and other error corrections and\/or new features (collectively, including related documentation, \u201cUpdates\u201d). Updates may also modify or delete in their entirety certain features and functionality. You agree that LogicMark has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet: (i) the LogicMark Apps and Services may automatically download and install any available Updates; or (ii) you may be prompted to download and install an Update. You acknowledge that failing to promptly download and install Updates may result in failure of the LogicMark Properties to properly operate. You further agree that all Updates shall be deemed part of the LogicMark Properties and subject to the terms and conditions of this Agreement. LogicMark may from time to time in its sole discretion provide support services for the LogicMark Properties. In no event shall LogicMark, or Apple or Google, be obligated to furnish any such support services.<\/span>\u00a0<\/span><\/p>

7.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Intellectual Property.\u202f Except as expressly set forth herein, all intellectual property rights in and to the LogicMark Properties and all text, graphics, images, video, audio, software, interfaces, photographs, works of authorship of any kind, user content or Feedback (as defined below), trademarks, service marks, logos and information or other materials that are posted, generated, provided or otherwise made available through the LogicMark Properties, and the selection and arrangement thereof, any enhancements to or derivative works thereto, and the features and functionality of the LogicMark Properties are the exclusive property of LogicMark or its licensors and are protected by U.S. and international laws. You shall take no actions to claim or assert ownership of or seek to register intellectual property rights in or to any of such materials or content. If you submit a comment, suggestion or any other material (excluding any illegal content) to LogicMark related to the LogicMark Properties (\u201cFeedback\u201d), you hereby assign all ownership in and to such Feedback to LogicMark and waive any moral rights you have or may have in the Feedback, and acknowledge that LogicMark shall be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or, to the extent the foregoing is deemed ineffective, you hereby grant LogicMark a license to use such Feedback without any restrictions. LOGICMARK\u2122 is a proprietary service mark of LogicMark, and other marks displayed through the LogicMark Properties may be owned by LogicMark or third parties. LogicMark\u2019s use of third-party marks is not intended and shall not be deemed to constitute an endorsement or recommendation of any third-party product or service.<\/span>\u00a0<\/span><\/p>

8.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Third-Party Services, Material and Applications. \u202fUse of the LogicMark Properties does not include the provision of a mobile device or other necessary equipment to access it. To use the LogicMark Properties, you will require, at your sole cost and expense, internet connectivity and appropriate telecommunications links. LogicMark does not have any responsibility or liability for the connectivity or functionality of any telephone, internet, device or other product or service necessary to use or access the LogicMark Properties or any costs you may incur or be charged by third parties. LogicMark may provide through the LogicMark Properties materials, information or links to websites that are owned and operated by third parties. In addition, certain third-party applications, including, without limitation, websites, widgets, software or software utilities, may interact with the LogicMark Properties. You acknowledge and agree that LogicMark is not responsible for the availability of, or the materials or information located on or through, any third-party website or application. Any use of or access to any third-party websites or applications linked to or made available through the LogicMark Properties is at your sole risk. You acknowledge and agree that you should contact the website administrator or webmaster for any such third-party websites or applications if you have any concerns regarding such links or the materials or information located on such websites or within such application. Any use of third-party websites and applications may be subject to third-party terms of use, privacy policies and license terms, which you are encouraged to review.<\/span>\u00a0<\/span><\/p>

9.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Disclaimer of Warranties. \u202fCONSUMER PROTECTION LAWS IN SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATIONS OR EXCLUSIONS OF LEGAL WARRANTIES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT FOR LOGICMARK\u2019S STANDARD LIMITED WARRANTY FOR MATERIALS AND WORKMANSHIP, WHICH MAY BE AVAILABLE IN CONNECTION WITH CERTAIN LOGICMARK DEVICES, LOGICMARK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LOGICMARK PROPERTIES OR ANY OTHER CONTENT, INFORMATION OR MATERIALS PROVIDED BY LOGICMARK, ALL OF WHICH IS PROVIDED ON AN \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOGICMARK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.<\/span>\u00a0<\/span><\/p>

SPECIFICALLY, BUT WITHOUT LIMITATION, LOGICMARK DOES NOT REPRESENT OR WARRANT THAT: (I) THE LOGICMARK PROPERTIES OR THE CONTENT, INFORMATION OR RESULTS ON OR PROVIDED THROUGH THE LOGICMARK PROPERTIES ARE CORRECT, ACCURATE, RELIABLE, UP-TO-DATE OR SUITABLE FOR ANY WELLNESS, HEALTHCARE OR MEDICAL PURPOSE; (II) ACCESS TO AND USE OF THE LOGICMARK PROPERTIES SHALL BE UNINTERRUPTED OR ERROR-FREE; (III) THE LOGICMARK PROPERTIES OR, IN THE CASE OF THE LOGICMARK APPS AND LOGICMARK\u2019S ONLINE AND ELECTRONIC OFFERINGS, THE SERVERS THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS OR THAT DEFECTS SHALL BE CORRECTED; OR (IV) THE LOGICMARK PROPERTIES WILL MEET YOUR NEEDS OR ACHIEVE ANY INTENDED RESULTS. WE ARE NOT RESPONSIBLE FOR FACTORS OUTSIDE OUR COMPLETE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITAITON, CONNECTIVITY UNDER THE CONTROL OF THIRD PARTIES, NEWORK ISSUES, YOUR LOCAL WI-FI ISSUES,\u00a0 USER ERROR, LOCATION NOT HAVING SERVICE, 911 NOT RESPONDING, NATURAL DISASTERS, INACCURATE LOCATION DATA OR EMERGENCY SERVICES SENT TO WRONG LOCATION, EQUIPMENT NOT CHARGED (DEAD BATTERIES), TECHNOLOGY OUTSIDE OUR DIRECT CONTROL, ETC. <\/span>DUE TO THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>

SOME SERVICES ARE ONLY AVAILABLE IN THE UNITED STATES. MONITORING SERVICES ARE NOT A SUBSTITUTE FOR 911, AND IF OUR PARTNER SERVICES CALL 911 OR EMERGENCY SERVICES ON YOUR BEHALF, THERE COULD BE A DELAY IN REACHING 911 OR EMERGENCY SERVICES. THE SERVICE WILL NOT WORK IF YOUR ACCOUNT IS NOT CURRENT ON PAYMENT, IF YOUR DEVICE IS NOT CHARGED, TURNED ON, AND HAS NETWORK ACCESS, AND MONITORING SERVICES ENABLED. MONITORING MAY NOT BE AVAILABLE IN REMOTE OR ENCLOSED AREAS. IF YOU OPT IN TO ENABLE LOCATION TRACKING, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TRACK YOUR APPROXIMATE LOCATION WHENEVER YOUR DEVICE IS PAIRED AND CONNECTED BY BLUETOOTH TO YOUR NEARBY COMPATIBLE, POWERED-ON SMARTPHONE. YOU AGREE THAT WE CAN PROVIDE THIS INFORMATION TO THIRD-PARTY SERVICE PROVIDERS AND AUTHORIZED US TO ACCESS YOUR CONTACTS IN CASE OF AN EMERGENCY OR SERVICE INCIDENT. HOWEVER, WE CANNOT GUARANTEE THAT WE CAN TRACK YOUR EXACT LOCATION, AND, IN SOME CASES, WE MAY ONLY BE ABLE TO PROVIDE THE INFORMATION PROVIDED IN YOUR PERSONAL EMERGENCY PROFILE.<\/span>\u00a0<\/span><\/p>

FALL DETECTION WORKS ONLY WHEN WEARING YOUR DEVICE. YOU WILL HAVE AN OPPORTUNITY TO CANCEL THE CALL IF YOU DO NOT NEED ASSISTANCE.\u202fWE CANNOT GUARANTEE THAT THE SERVICE WILL ALWAYS ACCURATELY DETERMINE A FALL. YOU SHOULD ALWAYS PUSH THEIR BUTTON WHEN YOU NEED HELP.<\/span>\u00a0<\/span><\/p>

YOU UNDERSTAND AND AGREE THAT LOGICMARK IS NOT A MEDICAL CARE OR EMERGENCY SERVICES PROVIDER. THE LOGICMARK PROPERTIES ARE INFORMATION AND COMMUNICATIONS TOOLS ONLY AND ARE NOT SUBSTITUTES FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE OR EMERGENCY SERVICES PROVIDERS IN DIAGNOSING AND TREATING PATIENTS.<\/span>\u00a0<\/span><\/p>

THERE ARE IMPORTANT DIFFERENCES BETWEEN THE LOGICMARK PROPERTIES AND YOUR MOBILE PHONE AND A FIXED-LINE TELEPHONE AND SMS SERVICES. CERTAIN OF THE LOGICMARK PROPERTIES MAY NOT PROVIDE ACCESS TO EMERGENCY SERVICES OR EMERGENCY SERVICES PROVIDERS, INCLUDING THE POLICE, FIRE DEPARTMENTS, OR HOSPITALS, OR OTHERWISE CONNECT TO PUBLIC SAFETY ANSWERING POINTS. YOU SHOULD ENSURE YOU CAN CONTACT YOUR RELEVANT EMERGENCY SERVICES PROVIDERS THROUGH A MOBILE PHONE, A FIXED-LINE TELEPHONE, OR OTHER SERVICE.<\/span>\u00a0<\/span><\/p>

LOGICMARK MAY OFFER WIRELESS EMERGENCY ALERTS WITHIN PORTIONS OF ITS SERVICE AREA ON WIRELESS EMERGENCY ALERT CAPABLE DEVICES WHEN AVAILABLE. <\/span>THERE MAY BE AN ADDITIONAL CHARGE<\/span> FOR THESE WIRELESS EMERGENCY ALERTS. WIRELESS EMERGENCY ALERTS MAY NOT BE AVAILABLE ON ALL DEVICES OR IN THE ENTIRE SERVICE AREA, OR IF A SUBSCRIBER IS OUTSIDE OF LOGICMARK\u2019S SERVICE AREA. FOR DETAILS ON WHEN THE AVAILABILITY OF THIS SERVICE AND WHEN WIRELESS EMERGENCY ALERT CAPABLE DEVICES WILL BE AVAILABLE, PLEASE GO TO <\/span>WWW.LOGICMARK.COM<\/span><\/a>. NOTICE REQUIRED BY FCC RULE 47 CFR 10.240 (COMMERCIAL MOBILE ALERT SERVICE).<\/span>\u00a0<\/span><\/p>

YOU HEREBY RELEASE LOGICMARK AND ITS PREDECESSORS (INCLUDING, WITHOUT LIMITATION, NXT-ID INC.), SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE \u201cLOGICMARK PARTIES\u201d) FROM ANY AND ALL CLAIMS, COMPLAINTS, CAUSES OF ACTION, CONTROVERSIES, DISPUTES, AND DAMAGES (COLLECTIVELY, \u201cCLAIMS\u201d), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIMS YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO THE LOGICMARK PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF THE LOGICMARK PROPERTIES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE \u00a71542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.<\/span>\u00a0<\/span><\/p>

10.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Limitation of Liability. CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS DO NOT ALLOW A MERCHANT TO LIMIT THE CONSEQUENCES OF ITS PERSONAL ACTION OR THAT OF ITS REPRESENTATIVES.\u202f IF THESE LAWS APPLY TO YOU, THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY. \u202fTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LOGICMARK PARTIES BE LIABLE FOR: (I) ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE LOGICMARK PROPERTIES, ANY DELAY IN OR INABILITY TO USE THE LOGICMARK PROPERTIES, ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE LOGICMARK PROPERTIES, OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE LOGICMARK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD; OR (II) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THREE HUNDRED DOLLARS ($300) OR THE AMOUNT ACTUALLY PAID BY YOU TO LOGICMARK OVER THE THREE (3) MONTH PERIOD PRECEDING THE DATE THAT SUCH CLAIMS AROSE.<\/span>\u00a0<\/span><\/p>

THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOGICMARK.<\/span>\u00a0<\/span><\/p>

11.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Indemnification.\u202f You shall indemnify and hold harmless the LogicMark Parties from and against any and all Claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorney fees and costs, arising from or relating to: (i) your breach of this Agreement; (ii) your violation of any laws, regulations or third party rights; (iii) your acts, omissions or willful misconduct; and (iv) any use of the LogicMark Properties except as expressly provided in this Agreement, including, without limitation, use of the LogicMark Properties for purposes of diagnosis or treatment.<\/span>\u00a0<\/span><\/p>

12.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Binding Arbitration and Class Action Waiver.\u202f Consumer protection laws in some jurisdictions do not allow binding arbitration clauses or class action waivers. Should these laws apply to you, the following Section may not apply to you. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.<\/span>\u00a0<\/span><\/p>

i.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Application. You and LogicMark agree that this Agreement affects interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section entitled \u201cBinding Arbitration and Class Action Waiver\u201d is intended to be interpreted broadly and governs any and all disputes between you and LogicMark.\u202f Any and all disputes may include, but are not limited to: (i) claims arising out of or relating to any aspect of the relationship between you and LogicMark, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this Agreement or any prior agreement; and (iii) claims that may arise after the termination of this Agreement.<\/span>\u00a0<\/span><\/p>

ii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with LogicMark, you agree that you will try to resolve your dispute before taking any formal action by contacting LogicMark using the information in the Notice Section below. When you contact LogicMark, you must provide a brief, written description of the dispute and your contact information. Except for intellectual property claims (see the subsection entitled \u201cException\u201d below), you and LogicMark agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and LogicMark agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.<\/span>\u00a0<\/span><\/p>

iii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Binding Arbitration. If you and LogicMark do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the subsection entitled Initial Dispute Resolution above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled \u201cException\u201d below). Specifically, all claims arising out of or relating to this Agreement, the parties\u2019 relationship with each other, and\/or your use of the LogicMark Properties shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect at the time the arbitration is initiated (not the \u201cUpdated\u201d date of this Agreement), excluding any rules or procedures governing or permitting class actions. Contact information for JAMS, as well as copies of the JAMS rules and applicable forms, are available at www.jamsadr.com.<\/span>\u00a0<\/span><\/p>

iv.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Arbitrator\u2019s Powers. 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 this Agreement. Such disputes may include, but are not limited to, any claim that all or any part of this Agreement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator\u2019s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.<\/span>\u00a0<\/span><\/p>

v.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration form at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (iii) send one copy of the Demand for Arbitration to us at: LogicMark, Inc., 2801 Diode Lane, Louisville, KY 40299. If you initiate arbitration, you are required to pay the filing fee to initiate arbitration. If the arbitrator finds the arbitration to be non-frivolous, LogicMark will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys\u2019 fees unless the arbitration rules and\/or applicable law provide otherwise.<\/span>\u00a0<\/span><\/p>

vi.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration shall be initiated in New York, and you and LogicMark agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.<\/span>\u00a0<\/span><\/p>

vii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Class Action Waiver. YOU AND LOGICMARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR LOGICMARK\u2019S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and LogicMark expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this subsection entitled \u201cClass Action Waiver\u201d is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.<\/span>\u00a0<\/span><\/p>

viii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Exception: Litigation of Intellectual Property Claims. Notwithstanding the parties\u2019 decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. \u201cIntellectual property rights\u201d means patents, copyrights, moral rights, trademarks, and trade secrets\u2014but does not include privacy or publicity rights.<\/span>\u00a0<\/span><\/p>

ix.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to: LogicMark, Inc., 2801 Diode Lane, Louisville, KY 40299,\u202flegal@logicmark.com. Your written notice must have the subject line, \u201cARBITRATION AND CLASS ACTION WAIVER OPT-OUT.\u201d The notice must be sent within thirty (30) days of (i) the \u201cLast Updated\u201d date of this Agreement; or (ii) the first date that you used the LogicMark Properties, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this section entitled \u201cBinding Arbitration and Class Action Waiver.\u201d If you opt out of these arbitration provisions, LogicMark also will not be bound by them.<\/span>\u00a0<\/span><\/p>

x.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Changes to This Section. LogicMark will provide thirty (30) days\u2019 notice of any material changes to this section entitled \u201cBinding Arbitration and Class Action Waiver\u201d by posting a notice on the LogicMark website, located at https:\/\/www.logicmark.com\/ or within the LogicMark Apps, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted. Changes to this section entitled \u201cBinding Arbitration and Class Action Waiver\u201d will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection entitled \u201cChanges to this Section\u201d is not enforceable or valid, then this subsection will be deemed to be severed from the Section entitled \u201cBinding Arbitration and Class Action Waiver.\u201d If this happens, the court or arbitrator shall apply the first Binding Arbitration and Class Action Waiver section or similar section in existence after you began using the LogicMark Properties.<\/span>\u00a0<\/span><\/p>

13.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Export Regulations. You shall not (i) permit any third party to access or use the LogicMark Properties in violation of any U.S. law or regulation; or (ii) export the LogicMark Properties or otherwise remove them from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, you shall not permit any third party to access or use the LogicMark Properties in, or export the LogicMark Properties to, a country subject to a United States embargo, including Cuba, Iran, North Korea, the Russian Federation, Sudan and Syria. We make no representation that the materials provided in LogicMark Properties are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the LogicMark Properties from other locations, you are responsible for compliance with applicable local laws.<\/span>\u00a0<\/span><\/p>

14.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f U.S. Government Restricted Rights. The LogicMark Properties and associated documentation are \u201cCommercial Items(s)\u201d as defined in 48 C.F.R. \u00a72.101, consisting of \u201cCommercial Computer Software\u201d and \u201cCommercial Computer Software Documentation\u201d, as such terms are used in 48 C.F.R. \u00a7 12.212 or 48 C.F.R. \u00a7227.7202, as applicable.\u202f Consistent with 48 C.F.R. \u00a712.212 or 48 C.F.R. \u00a7227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.<\/span>\u00a0<\/span><\/p>

15.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Federal Communications Commission (\u201cFCC\u201d) Disclosure.<\/span>\u00a0<\/span><\/p>

i.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f FCC Rules, Part 15.\u202f Each LogicMark Device has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy, and if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that harmful interference to radio or television reception can be avoided. The user is encouraged to try to correct the interference by one or more of the following measures:\u202f<\/span>\u00a0<\/span><\/p>

Re-orient or relocate the receiving antenna.\u202f<\/span>\u00a0<\/span><\/p>

Increase the separation between the equipment and the receiver.\u202f<\/span>\u00a0<\/span><\/p>

Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.\u202f<\/span>\u00a0<\/span><\/p>

Consult the dealer or an experienced radio\/TV technician for help.\u202f<\/span>\u00a0<\/span><\/p>

ii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f SAR Information Statement. Your LogicMark Device may contain a radio transmitter and receiver. It is designed and manufactured to not exceed the emission limits for exposure to radiofrequency (\u201cRF\u201d) energy set by the FCC. These limits are part of the comprehensive guidelines of the U.S. Government. These limits are part of and establish permitted levels of RF energy for the general population. The guidelines are based on standards that were developed by independent scientific organizations through thorough evaluation of scientific studies. The standards include a substantial safety margin designed to assure the safety of all persons, regardless of age and health. The exposure standard for the LogicMark Devices employs a unit of measurement known as the Specific Absorption Rate, or SAR. The SAR limit set by the FCC is 1.6W\/kg for body worn devices and 4.0 W\/kg for handheld devices (or as subsequently updated from time to time). Tests for SAR are conducted with the LogicMark Devices transmitting at its highest certified power level in all tested frequency bands. Although the SAR is determined at the highest certified power level, the actual SAR levels of the LogicMark Devices are designed to operate at multiple power levels so as to use only the power required to reach the network. In general, the closer you are to a wireless base station antenna, the lower the power output. Before a LogicMark Device model is available for sale to the public, it must be tested and certified to the FCC that it does not exceed the limit established by the government adopted requirement for safe exposure. The tests and positions are performed in positions and locations (e.g., at the ear and worn on the body) as required by the FCC for each model. The FCC has granted equipment authorizations for the LogicMark Devices. SAR information on the LogicMark Devices is on file with the FCC and can be found under the Display Grant section of http:\/\/www.fcc.gov\/oet\/fccid.\u202fFCC ID: TYD-GA40711B (Guardian Alert 911 Plus); TYD-3X911 (FreedomAlert); TYD-3091160 (GuardianAlert); <\/span>TYD-FA60911 (FreedomAlert Plus)<\/span>\u00a0<\/span><\/p>

iii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Pacemakers and Your LogicMark Device. Certain LogicMark Devices may include cellular handsets and\/or receivers, all of which are approved by the FCC. Based on current FCC and FDA (Food and Drug Administration) research, cell phones do not pose a significant health risk for the vast majority of pacemaker wearers, but if you have any concerns, please consult your physician.<\/span>\u00a0<\/span><\/p>

16.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f General Terms.<\/span>\u00a0<\/span><\/p>

i.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Governing Law. Consumer protection laws in some jurisdictions might require that the laws of your jurisdiction govern this Agreement. As such, if these laws apply to you, the following clause may not apply to you. Except where expressly prohibited, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.<\/span>\u00a0<\/span><\/p>

ii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Force Majeure.\u202f LogicMark shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including, but not limited to, \u201cacts of God,\u201d labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, pandemics, casualty, government authority, strikes, or computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility in which event LogicMark shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.<\/span>\u00a0<\/span><\/p>

iii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Notice.\u202f LogicMark may deliver notice to you under this Agreement by means of e-mail, a general notice on its website or within the LogicMark Apps, terms included in or on the box with your device, or by written communication delivered by first class postage prepaid international mail to your address or contact information on record in LogicMark\u2019s account information. You may give notice to LogicMark at any time via e-mail to\u202flegal@logicmark.com\u202for by letter delivered by first class postage prepaid mail or overnight carrier to the following address: 2801 Diode Lane, Louisville, KY 40299.<\/span>\u00a0<\/span><\/p>

iv.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Entire Agreement.\u202f This Agreement, together with the LogicMark Privacy Policy, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. The LogicMark Privacy Policy, which is available at www.logicmark.com\/privacy-policy, governs any information submitted to or collected by LogicMark, including through the LogicMark Apps, and is incorporated by reference into this Agreement. You may from time to time enter into binding legal agreements relating to certain products or services available from LogicMark, which may have terms that are different from those of this Agreement. In the event of any inconsistency, the terms of such other agreement shall control with respect to such products or services.<\/span>\u00a0<\/span><\/p>

v.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Successors; Assignment.\u202f This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign or transfer this Agreement or any right or obligation hereunder, in whole or in part, by operation of law or otherwise, without LogicMark\u2019s prior written consent. LogicMark may assign or transfer this Agreement or its rights or obligations hereunder, in whole or in part, by operation of law or otherwise, at any time in its sole discretion without notice to you.<\/span>\u00a0<\/span><\/p>

vi.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Waiver.\u202f Any waiver of any provision of this Agreement shall be effective only if in writing and signed by the Chief Executive Officer of LogicMark. Any failure to enforce any provision of this Agreement shall not constitute a waiver of a future breach of that or any other provision of this Agreement.<\/span>\u00a0<\/span><\/p>

vii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Severability.\u202f Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, or if any terms or conditions of this Agreement are held to be invalid or unenforceable, the remaining provisions of this Agreement shall be valid and binding and of like effect as though such provision were not included. If any term or condition of this Agreement is found by an arbitral tribunal or a court to be invalid or unenforceable, the parties nevertheless agree and request that the arbitrator or court should modify such provision to the minimum extent necessary to render such provision valid and enforceable.<\/span>\u00a0<\/span><\/p>

viii.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Amendment.\u202f LogicMark may, at its sole discretion, revise any provision of this Agreement at any time. Any such changes will be posted on the LogicMark website, located at https:\/\/www.logicmark.com\/ or within the LogicMark Apps. You understand and agree that your continued access to or use of the LogicMark Properties after the effective date of changes to this Agreement indicates your acceptance of such revisions.<\/span>\u00a0<\/span><\/p>

ix.\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f\u202f Third-Party Beneficiaries.\u202f If you are a user of the LogicMark Apps, you acknowledge and agree that Apple and its subsidiaries (\u201cApple\u201d) and Google and its subsidiaries (\u201cGoogle\u201d) are third-party beneficiaries of this Agreement and may be entitled to enforce the terms of this Agreement directly against you. Neither Apple nor Google are responsible for the LogicMark Apps or any information or content provided there in or any warranty, support or other Claim you make related to your use or inability to use the LogicMark Apps.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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  1. FreedomAlert Plus and\/or other Products and Services<\/strong><\/li><\/ol>

    Terms and Conditions<\/strong><\/p>

    Personal Electronic Response System (PERS) Equipment.\u202f Consumer is entering into a hardware monitoring Agreement with LogicMark (the \u201cCompany\u201d or \u201cLGMK\u201d) and shall incur monthly charges for monitoring. These monthly charges will be made against the Customer\u2019s credit\/debit card on file.<\/span>\u00a0<\/span><\/p>

    Monitoring Fees.\u202f Monthly monitoring fees will commence on the date the PERS device is provisioned.\u202f Fees will be paid in advance of the next month to be monitored.\u202f The Consumer agrees and understands that the Company may amend the monthly monitoring service fees at the end of the anniversary date of the Agreement.\u202f Consumer will be notified of any price adjustments with 30 days prior notice.<\/span>\u00a0<\/span><\/p>

    Effectiveness of Obligations to Customer.\u202f The obligation of the Company to render service to any particular Consumer shall become effective only after the Company has received a complete and full set of test signals originating from the PERS device from the location for which services are to be provided.<\/span>\u00a0<\/span><\/p>

    Monitoring Services.\u202f Consumer understands that Company uses various third-party technologies (Carriers) to transmit alarm signals from Consumer\u2019s location to LGMK\u2019s third party partner monitoring station\/services.\u202f If the Carriers\u2019 service is out of order, disconnected or otherwise interrupted, signals from Consumer\u2019s PERS device will not be received in LGMK\u2019s monitoring station. Signals which are transmitted over the Carriers\u2019 network(s) are wholly beyond the control of LGMK and are maintained and serviced by the Carrier.\u202f Upon receiving an emergency signal from the Consumer\u2019s PERS devise, the Company shall make every reasonable effort to reach the Consumer and notify appropriate primary responders of the emergency signal.\u202f Primary responders may include police, fire, EMS personnel, other authorities, or the persons whose names and telephones numbers are provided by the Consumer. Company is not responsible for a Consumer\u2019s communication equipment failure that prevents the receipt of an emergency monitoring signal into the central station or damages arising from communication equipment failure.\u202f Company may, with or without notice, suspend or terminate monitoring services if Consumer defaults on this Agreement or if Consumer\u2019s communication network or facility is non-operational or if Consumer\u2019s system is sending excessive or false communications.\u202f All conversations between the Consumer and Company personnel are recorded and Company owns all recordings.\u202f Medical or personal information provided to the Company by the Consumer may be disclosed to primary responding or emergency personnel requesting same.<\/span>\u00a0<\/span><\/p>

    Emergency Responder Disclosure.\u202f\u202fCustomer understands that the local 911 center(s) or Public Responder may be designated as the Primary Responder. Consumer assumes all liability should one of them not be selected as the Primary Responder. Upon Company receiving an emergency alarm from the Consumer\u2019s device, Consumer hereby directs Company to contact the responders in the order Customer specifies. Consumer agrees that should any Public Responder not be designated as the Primary Responder, then Consumer\u2019s Public Responder shall become the default secondary responder after the Consumer\u2019s responding personnel has been attempted, without success, to notify all other responders designated by Consumer. Should Company receive a Consumer\u2019s alarm and is not able to obtain a verbal response from the Consumer, Consumer authorizes Company to contact a Public Responder before Company contacts the Consumer\u2019s responders. Following any notification to a Public Responder, Company shall attempt to notify the rest of the Consumer\u2019s responders in the order provided by Consumer. Consumer may provide Company with a set of directives for voice to voice contact with the responders.<\/span>\u00a0<\/span><\/p>

    Consumer\u2019s Obligation for Telephone Communication Service and Care.\u202f Consumer acknowledges and understands that the PERS device may plug into a standard telephone jack and\/or communicates over standard telephone lines using two-way voice communication, and\/or may use wireless networks for which you need a separate contract and working account in good standing. Consumer agrees to provide, at the Consumer\u2019s expense, all power supply equipment deemed necessary by the Company for activation of the PERS device.\u202f Company shall not be liable for any damage or loss sustained by Consumer as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God or other causes, including Company\u2019s negligence in the performance of this Agreement and Consumer shall not be relieved from payments due under this Agreement for such period.\u202f<\/span>\u00a0<\/span><\/p>

    Care of PERS Device Equipment\u202f\u2013 Consumer agrees not to tamper with or interfere with the PERS unit.\u202f Consumer will assume the cost of all repairs, replacement, relocation or additions to the PERS made necessary by alteration or damage, including without limitation damage caused by unauthorized intrusion to the premises, water damage, dropping the device, lightning, or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by Company at its expense, subject to the Hardware and Equipment Terms below.<\/span>\u00a0<\/span><\/p>

    PERS Device Testing and Service.\u202f\u202fThe PERS, once activated, will be in the exclusive possession and control of the Consumer. It is Consumer\u2019s sole responsibility to test the operational use of the PERS device and to notify Company if it is in need of repair or replacement. Company shall not be required to service or replace the equipment unless the equipment is returned by the Consumer to the Company at the Company\u2019s address. If Company fails to repair or replace the PERS within fourteen (14) days after receipt of said written notice, Consumer shall not be obligated to pay any amount for service from date said written notice is given, until the PERS is restored to working order unless Company determines that the equipment is operational and the system failure was electrical or telephone service related at Consumer\u2019s premises, in which event Customer shall pay the Company\u2019s cost of shipping and an inspection charge. In any lawsuit between the parties in which the condition or operation of the equipment is in issue, the Consumer shall be precluded from raising the issue that the equipment was not operating unless Consumer can produce a receipt, signed by the Company, proving that service was requested by Consumer.<\/span>\u00a0<\/span><\/p>

    False Alarms and Permit Fees.\u202f The Company shall not be responsible for any fees, charges, or assessments imposed by any government authority or other persons in connection with false alarms from any equipment located at the Consumer\u2019s premises.\u202f Company will not be liable for any damages associated to personal or real property or personal injury caused by police, fire or other emergency response personnel in response to an alarm, whether false or not, or the refusal of the police, fire or other emergency personnel to respond.\u202f If a municipality terminates the police, fire and other emergency response personnel, this Agreement is remains enforceable and Consumer remains responsible for all payments outlined above.\u202f\u202f<\/span>\u00a0<\/span><\/p>

    Term and Termination.\u202f This Agreement shall be effective upon the execution date by the Consumer and shall continue for a period of one (1) year, automatically renewing for subsequent one (1) month periods unless either party notifies the other in writing within thirty (30) days prior to the expiration of the initial term or any subsequent renewal term of its intent to terminate this Agreement.\u202f In those cases where termination is requested by the Customer before the expiration of the initial one (1) year contract, Customer will be responsible for making the remaining contractual payments.<\/span>\u00a0<\/span><\/p>

    Consumer Emergency Responder Changes\/Updates.\u202f It is agreed that updates to a Consumer\u2019s emergency responder personnel will be accepted on the telephone under the following terms and conditions: (a) the Company accepts no responsibility for the accuracy of information given verbally; (b) the Consumer assumes full responsibility and liability with respect to such information received telephonically.\u202f To guarantee accuracy of any updates to Consumer\u2019s emergency responder list, all updates should be submitted to Company by mail or electronic mail.<\/span>\u00a0<\/span><\/p>

    Suspension of Service.\u202f The Company shall not be obligated to perform any monitoring service hereunder as to Consumer at any time that the telephone or telephone equipment, electricity, wireless services, wireless carrier services, wi-fi, Bluetooth, etc., at the premises or then current location of Consumer are not working or have become so disabled or substantially damaged that further service to such Consumer is impracticable.\u202f The Consumer acknowledges that signals to the Company are received primarily by means of telephone and wireless carrier communications.\u202f Additionally, the Company will not be required to render service to any Consumer if the failure to render such service is due to strikes, riots, floods, fires, malfunctions of telephone lines or telephone equipment, acts of God, or any other causes beyond the control of the Company.<\/span>\u00a0<\/span><\/p>

    Taxes; Levies.\u202f Consumer agrees to be liable for any and all sales, use or other taxes, telephone line charges and any increases thereof, which be imposed on Company as a result of this Agreement.\u202f This also includes other impositions or levies by municipal, state or federal authorities in connection with the services to be performed by the Company.\u202f Should the Company be required, by law, at any time to perform any service or furnish any material not specifically outlined in this Agreement, the Consumer agrees to pay Company for these services or materials.\u202f\u202f<\/span>\u00a0<\/span><\/p>

    Consumer to Insure PERS Equipment.\u202f\u202fConsumer shall be responsible for any loss caused by fire or casualty and the cost of replacing or restoring the PERS. Notwithstanding the condition of Consumer\u2019s premises, or Company\u2019s impossibility of performance occasioned by condition of Consumer\u2019s premises, Consumer shall remain liable for monthly payments for the term of this Agreement without offset or reduction.<\/span>\u00a0<\/span><\/p>

    Removal\/Return of PERS.\u202f Upon termination of the monitoring agreement, Company will discontinue all monitoring service and Consumer shall , at the request of the Company, return the PERS equipment to Company.<\/span>\u00a0<\/span><\/p>

    Limitation of Liability; No Warranty.\u202f The parties agree that the PERS devise is designed to help reduce certain risk of loss and does not guarantee that no injury or loss will occur.\u202f It is understood and agreed by the parties hereto that (a) the Company shall not be liable for any injury, loss or damage caused by defects or deficiencies of the PERS equipment or carrier connections of any Consumer or incur any liability for any delay in response time or non-response of police, fire or other responding authorities or personnel or individuals notified by the Company, (b) the Company is not an insurer and any insurance covering personal injury and property loss or damage to any Consumer or to Consumer\u2019s premises shall be obtained independently by the Consumer, (c) the Company is being paid to monitor a PERS designed to help reduce the possible length of time for primary and secondary response personnel to respond to a Consumer\u2019s personal emergency event and amounts by the Company are not sufficient to guarantee that no loss will occur, and (d) the Company is not assuming liability or responsibility for any losses which may occur even if due to the Company\u2019s negligent performance or failure to perform any obligation under this Agreement.\u202f Consumer acknowledges that Consumer assumes all risk for loss or injury to Consumers\u2019 property or person.\u202f\u202f<\/span>THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT SERVICE PROVIDED BY THE COMPANY MAY NOT BE COMPROMISED, OR THAT THE SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED<\/span><\/b>.<\/span>\u00a0<\/span><\/p>

    Liquidated Damages.\u202f Since it is impractical, if not impossible to fix actual damages that may arise due to the failure of services provided, if, notwithstanding the provisions set forth in this Agreement hereof, there should arise any liability on the part of the Company, such liability shall be limited to a fixed sum of $250.00 as liquidated damages.\u202f This sum shall be the complete limit of the Company\u2019s liability and shall not be deemed as a penalty, but solely the value of the services herein described.\u202f\u202f<\/span>\u00a0<\/span><\/p>

    Assignment and Indemnity.\u202f The Consumer shall not be permitted to assign this Agreement without written consent the Company.\u202f Any assignment without prior approval by Company shall be deemed breach of the Agreement.\u202f The Company shall have the right to assign this Agreement and shall be relieved of any obligations created upon any assignment.\u202f Consumer agrees and shall indemnify and hold harmless the Company, its employees, agents and their successors, assigns, heirs and personal representatives from and against (a) any claim, demand, suit, liability, judgment, damage, including those brought by a third parties, including reasonable attorneys\u2019 fees and loss or expense, directly or indirectly relating to or arising out of this Agreement, Company\u2019s performance or negligent performance, or failure to perform its obligations, or the occurrence of any event (or ensuing consequences) that the PERS device or the monitoring services are intended to detect, and (b) all claims for taxes and other fees described above in this Agreement, including, without limitation, legal and accounting fees and other costs incurred by the Company in connection with the claims described clauses (a) and (b) of this section.<\/span>\u00a0<\/span><\/p>

    Full Agreement\/Severability.\u202f\u202fThis Agreement constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties. This Agreement shall be treated as though it were executed and performed in New York City, New York.\u202f This Agreement shall be governed by the laws of the State of New York. If any provisions of this Agreement are deemed void, then all other provisions will remain enforceable.<\/span>\u00a0<\/span><\/p>

    Governing Law; Venue.\u202f This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.\u202f The parties hereto agree that no lawsuit or legal proceeding arising out of this Agreement shall be brought or filed more than one (1) year after the occurrence of the incident giving rise to the claim.\u202f No such legal proceeding shall be heard before a jury.\u202f\u202f<\/span>EACH PARTY HERETO WAIVES ALL RIGHTS TO A JURY TRIAL<\/span><\/b>.\u202f Further, the parties hereto specifically agree to exclusive personal jurisdiction and venue in New York City, New York and JAMS arbitration located in New York City.<\/span>\u00a0<\/span><\/p>

    Miscellaneous.\u202f The parties specifically agree that any notices required to be given under this Agreement shall be made in writing and sent to the address of each party indicated herein, or such other address as from time to time may be made known by either party.\u202f The address for the Company is:<\/span>\u00a0<\/span><\/p>

    LogicMark, Inc.<\/span>\u00a0<\/span><\/p>

    Legal Department<\/span>\u00a0<\/span><\/p>

    2801 Diode Lane<\/span>\u00a0<\/span><\/p>

    Louisville, KY 40299<\/span>\u00a0<\/span><\/p>

    legal@logicmark.com<\/span><\/a>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    This Agreement contains the entire understanding and agreement between the parties and supersedes all prior agreements, understandings and communications between the parties.\u202f It is understood and agreed that the terms of this Agreement shall govern to the extent that there is a conflict between this Company and Consumer.\u202f In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.\u202f Company reserves the right to update this Agreement at any time without prior notice.<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    Hardware and Equipment Terms<\/span><\/b>\u00a0<\/span><\/p>

    The following terms apply if Customer obtains any hardware from LogicMark (\u201cEquipment\u201d or \u201cHardware\u201d). Any such Equipment obtained by Customer from LogicMark, whether leased or purchased, shall be subject to the additional terms set forth below. Customer shall be responsible for risk of loss of all Equipment, starting from the time of initial delivery. Any references above to \u201cServices\u201d or LogicMark Properties shall be deemed to include such Equipment, if and to the extent applicable, subject to the terms below.\u00a0\u00a0\u00a0<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    Purchased Equipment<\/span><\/b>. If and to the extent the parties agree that Customer will purchase any Equipment from LogicMark (\u201cPurchased Equipment\u201d), then Customer shall take title to such Purchased Equipment only after payment in full of all amounts due and owing hereunder to LogicMark, including without limitation payment in full for all Equipment. LogicMark maintains ownership of, and a security interest in and to, all Purchased Equipment, until such time as all payments have been made by Customer of all amounts due and owing hereunder.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    Leased Equipment<\/span><\/b>. If and to the extent the parties agree that Customer will lease any Equipment from LogicMark (\u201cLeased Equipment\u201d), then Customer shall be responsible for maintaining such Equipment and keeping it secure, in good working order, normal wear and tear excepted, and shall return any and all such Equipment in such condition immediately upon expiration or termination of this Agreement. If Customer fails to return such Equipment, Customer shall pay to LogicMark the full retail new cost for any such unreturned Equipment. LogicMark maintains ownership of, and a security interest in and to, all Leased Equipment, at all times. <\/span>Customer shall not, and shall not permit any third party to, modify or make adjustments to the Equipment, or use the Equipment with sensors or other devices not provided by LogicMark, without LogicMark\u2019s prior written approval.<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    Disclaimers. <\/span><\/b>Except for the express limited warranty set forth below, there are no other warranties, representations or conditions of any kind, express or implied, whether arising by law, course of dealing, course of performance, usage of trade or otherwise, with respect to the product supplied hereunder including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. All such warranties are hereby specifically disclaimed and the company shall not be liable in this respect. No statement, conduct or description by the company or any other person on the company\u2019s behalf, in addition to or beyond this limited warranty, shall constitute a warranty. Our maximum and sole liability to you would be to repair or replace Defective Equipment, and for no additional monetary value.<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    IN NO EVENT SHALL LOGICMARK OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, NOR FOR LOSS OF PROFITS, NOR FOR ANY DAMAGES ARISING DUE TO YOUR USE OF THE EQUIPMENT, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE EQUIPMENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. <\/span>WE ARE NOT PROVIDING ANY MEDICAL ADVICE<\/span><\/i>.<\/span><\/i>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    WHAT THIS WARRANTY DOES NOT COVER<\/span><\/b>\u00a0<\/span><\/p>

    The Limited Warranty does not apply to normal wear and tear including, but not limited to deterioration of sound quality from microphones and speakers (if presented in the device).\u00a0 The warranty does not apply when the Hardware is opened or repaired by someone not authorized by seller and does not cover repair or replacement of any Hardware or part thereof damaged by misuse, excessive use, moisture, liquids, proximity to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, or neglect.\u00a0 The Limited Warranty does not cover cosmetic damage to the surface of the Hardware such as scratches or dents or similar issues.\u00a0 This Limited Warranty does not cover any software that may accompany or be installed on the Hardware.\u00a0<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    No warranty, explicit or implicit, is provided against wireless device\u2019s incidental, occasional, and temporary failure to perform, including but not limited to failure to access specified wireless network, failure to dial pre-set phone numbers, failure to send out requested messages, reports, location information, etc., and failure to maintain connection during a communication or usage in a particular situation. Fall detection, if present in the device, does not detect 100% of actual falls or prevent 100% false alerts of falls.\u00a0 Geofencing functions does not detect 100% of geofence breach or prevent 100% false alerts on geofence breach. Buyer understands wireless device performances are impacted by many factors and vary by wireless network\u2019s quality and user locations. The device does not prevent death, bodily injury or impairment, including but not limited to hearing impairment due to the loudspeaker (if present in the device) being too close to the ear, or damage and loss of property.\u00a0 No warranty, explicit or implicit, is provided against any damages, direct or indirect, to user of the device that may or may not be caused by the device\u2019s failure to perform in a particular situation, including but not limited to emergency situations.<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    THE SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE THE REPAIR, REPLACEMENT OR CREDIT FOR DEFECTIVE PARTS AS STATED ABOVE. THIS WARRANTY IS THE SOLE WARRANTY GIVEN BY SUPPLIER.<\/span>\u00a0<\/span><\/p>

    \u00a0<\/span><\/p>

    LIMITED EQUIPMENT WARRANTY<\/span><\/b>\u00a0<\/span><\/p>

    1. If and to the extent any Equipment is manufactured by a third party<\/span><\/i><\/b>, then the sole and exclusive warranty, if any, on such Equipment, is directly from the manufacturer, and LogicMark has no responsibility nor liability for any Equipment other than the initial delivery thereof. Any dispute related to any Equipment is solely between Customer and such manufacturer.<\/span><\/i><\/b>\u00a0<\/span><\/li>
    2. Only if and to the extent LogicMark is the manufacturer of the Equipment<\/span><\/i><\/b>, then the remainder of this Schedule 1 shall apply.<\/span><\/i><\/b> Company<\/span><\/b> warrants to the original purchaser from Company (the \u201c<\/span>Original Purchaser<\/span><\/b>\u201d or \u201cyou\u201d) of the specific Equipment described herein that for a period of twelve (12) months from the date of purchase from us (the \u201c<\/span>Warranty Period<\/span><\/b>\u201d) that the Equipment will be free from significant defects in materials and workmanship (the \u201c<\/span>Limited Warranty<\/span><\/b>\u201d). The Equipment consists only of hardware or equipment expressly purchased, only as manufactured by Company, without alteration, modification or combination. The Limited Warranty does not apply to normal wear and tear, nor if the Equipment (a) has been subjected to accident, abuse, improper use, neglect, improper storage or handling, abnormal physical stress, damage from the elements or abnormal environmental conditions, damage or loss caused by or resulting from any acts, accidents or disasters beyond the Company\u2019s control, (b) has been reconstructed, repaired or altered by any person other than the Company one of its authorized representatives or combined with other equipment or software, or (c) is otherwise misused or used not in strict conformity with the Instructions for Use or other instructions or documentation provided by or on behalf of Company or its authorized reseller. The Original Purchaser\u2019s exclusive remedy for any Equipment not conforming to the Limited Warranty (\u201c<\/span>Defective Equipment<\/span><\/b>\u201d) is as follows:\u00a0<\/span>\u00a0<\/span><\/li><\/ol>

      (i) The Original Purchaser shall notify the Company in writing, of any alleged claim or defect within thirty (30) days from the date the Original Purchaser discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period).\u00a0<\/span>\u00a0<\/span><\/p>

      (ii) The Original Purchaser shall ship any Equipment claimed to be defective to: LogicMark, at the address provided by LogicMark in the Order Form or otherwise provided in writing. Shipping shall be at the Original Purchaser\u2019s expense and risk of loss.\u00a0<\/span>\u00a0<\/span><\/p>

      (iii) Upon Receipt, the Company will inspect and test the Equipment, and if to its reasonable satisfaction, it determines that that such Equipment is Defective Equipment, the Company will in its sole discretion, and at its expense, either (i) repair or replace such Defective Equipment (or affected portions thereof), or (ii) credit or refund the price of such Defective Equipment less any applicable discounts, rebates or credits.\u00a0<\/span>\u00a0<\/span><\/p>

      (iv) If the Company elects to repair or replace the Defective Equipment, it will ship to the Original Purchaser, at the Original Purchaser\u2019s expense and risk of loss, the repaired or replaced Equipment to the address specified in writing by the Original Purchaser.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

      \n\t\t\t\t
      \n\t\t\t\t\t\t\t\t\t

      LifeSentry<\/strong><\/h3>\n

      Terms and Conditions<\/strong><\/p>\n

      Personal Electronic Response System (PERS) Equipment<\/span>.  Consumer is entering into a hardware monitoring Agreement with the LogicMark (the \u201cCompany\u201d or \u201cLGMK\u201d) and shall incur monthly charges for monitoring. These monthly charges will be made against the Customer\u2019s credit\/debit card on file.<\/span><\/p>\n

      Monitoring Fees<\/span>.  Monthly monitoring fees will commence on the date the PERS device is provisioned.  Fees will be paid in advance of the next month to be monitored.  The Consumer agrees and understands that the Company may amend the monthly monitoring service fees at the end of the anniversary date of the Agreement.  Consumer will be notified of any price adjustments with 30 days prior notice.<\/span><\/p>\n

      Effectiveness of Obligations to Customer<\/span>.  The obligation of the Company to render service to any particular Consumer shall become effective only after the Company has received a complete and full set of test signals originating from the PERS device from the location for which services are to be provided.<\/span><\/p>\n

      Monitoring Services.<\/span>  Consumer understands that Company uses various third-party technologies (Carriers) to transmit alarm signals from Consumer\u2019s location to LGMK\u2019s monitoring station.  If the Carriers\u2019 service is out of order, disconnected or otherwise interrupted, signals from Consumer\u2019s PERS device will not be received in LGMK\u2019s monitoring station. Signals which are transmitted over the Carriers\u2019 network(s) are wholly beyond the control of LGMK and are maintained and serviced by the Carrier.  Upon receiving an emergency signal from the Consumer\u2019s PERS devise, the Company shall make every reasonable effort to reach the Consumer and notify appropriate primary responders of the emergency signal.  Primary responders may include police, fire, EMS personnel, other authorities, or the persons whose names and telephones numbers are provided by the Consumer. Company is not responsible for a Consumer\u2019s communication equipment failure that prevents the receipt of an emergency monitoring signal into the central station or damages arising from communication equipment failure.  Company may, with or without notice, suspend or terminate monitoring services if Consumer defaults on this Agreement or if Consumer\u2019s communication network or facility is non-operational or if Consumer\u2019s system is sending excessive or false communications.  All conversations between the Consumer and Company personnel are recorded and Company owns all recordings.  Medical or personal information provided to the Company by the Consumer may be disclosed to primary responding or emergency personnel requesting same.<\/span><\/p>\n

      Emergency Responder Disclosure.<\/span>  <\/span>Customer understands that the local 911 center(s) or Public Responder may be designated as the Primary Responder. Consumer assumes all liability should one of them not be selected as the Primary Responder. Upon Company receiving an emergency alarm from the Consumer\u2019s device, Consumer hereby directs Company to contact the responders in the order Customer specifies. Consumer agrees that should any Public Responder not be designated as the Primary Responder, then Consumer\u2019s Public Responder shall become the default secondary responder after the Consumer\u2019s responding personnel has been attempted, without success, to notify all other responders designated by Consumer. Should Company receive a Consumer\u2019s alarm and is not able to obtain a verbal response from the Consumer, Consumer authorizes Company to contact a Public Responder before Company contacts the Consumer\u2019s responders. Following any notification to a Public Responder, Company shall attempt to notify the rest of the Consumer\u2019s responders in the order provided by Consumer. Consumer may provide Company with a set of directives for voice to voice contact with the responders.<\/span><\/p>\n

      Consumer\u2019s Obligation for Telephone Communication Service and Care<\/span>.  Consumer acknowledges and understands that the PERS device plugs into a standard telephone jack and communicates over standard telephone lines using two-way voice communication. Consumer agrees to provide, at the Consumer\u2019s expense, all power supply equipment deemed necessary by the Company for activation of the PERS device.  Company shall not be liable for any damage or loss sustained by Consumer as a result of delay in installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God or other causes, including Company\u2019s negligence in the performance of this Agreement and Consumer shall not be relieved from payments due under this Agreement for such period. <\/span><\/p>\n

      Care of PERS Device Equipment<\/span> \u2013 Consumer agrees not to tamper with or interfere with the PERS unit.  Consumer will assume the cost of all repairs, replacement, relocation or additions to the PERS made necessary by alteration or damage, including damage caused by unauthorized intrusion to the premises, lightning, or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by Company at its expense.<\/span><\/p>\n

      PERS Device Testing and Service<\/span>.  <\/span>The PERS, once activated, will be in the exclusive possession and control of the Consumer. It is Consumer\u2019s sole responsibility to test the operational use of the PERS device and to notify Company if it is in need of repair or replacement. Company shall not be required to service or replace the equipment unless the equipment is returned by the Consumer to the Company at the Company\u2019s address. If Company fails to repair or replace the PERS within fourteen (14) days after receipt of said written notice, Consumer shall not be obligated to pay any amount for service from date said written notice is given, until the PERS is restored to working order unless Company determines that the equipment is operational and the system failure was electrical or telephone service related at Consumer\u2019s premises, in which event Customer shall pay the Company\u2019s cost of shipping and an inspection charge. In any lawsuit between the parties in which the condition or operation of the equipment is in issue, the Consumer shall be precluded from raising the issue that the equipment was not operating unless Consumer can produce a receipt, signed by the Company, proving that service was requested by Consumer.<\/span><\/p>\n

      False Alarms and Permit Fees<\/span>.  The Company shall not be responsible for any fees, charges, or assessments imposed by any government authority or other persons in connection with false alarms from any equipment located at the Consumer\u2019s premises.  Company will not be liable for any damages associated to personal or real property or personal injury caused by police, fire or other emergency response personnel in response to an alarm, whether false or not, or the refusal of the police, fire or other emergency personnel to respond.  If a municipality terminates the police, fire and other emergency response personnel, this Agreement is remains enforceable and Consumer remains responsible for all payments outlined above.  <\/span><\/p>\n

      Term and Termination<\/span>.  This Agreement shall be effective upon the execution date by the Consumer and shall continue for a period of one (1) year, automatically renewing for subsequent one (1) month periods unless either party notifies the other in writing within thirty (30) days prior to the expiration of the initial term or any subsequent renewal term of its intent to terminate this Agreement.  In those cases where termination is requested by the Customer before the expiration of the initial one (1) year contract, Customer will be responsible for making the remaining contractual payments.<\/span><\/p>\n

      Consumer Emergency Responder Changes\/Updates<\/span>.  It is agreed that updates to a Consumer\u2019s emergency responder personnel will be accepted on the telephone under the following terms and conditions: (a) the Company accepts no responsibility for the accuracy of information given verbally; (b) the Consumer assumes full responsibility and liability with respect to such information received telephonically.  To guarantee accuracy of any updates to Consumer\u2019s emergency responder list, all updates should be submitted to Company by mail or electronic mail.<\/span><\/p>\n

      Suspension of Service<\/span>.  The Company shall not be obligated to perform any monitoring service hereunder as to Consumer at any time that the telephone or telephone equipment at the premises of Consumer are not working or have become so disabled or substantially damaged that further service to such Consumer is impracticable.  The Consumer acknowledges that signals to the Company are received primarily by means of telephone communication.  Additionally, the Company will not be required to render service to any Consumer if the failure to render such service is due to strikes, riots, floods, fires, malfunctions of telephone lines or telephone equipment, acts of God, or any other causes beyond the control of the Company.<\/span><\/p>\n

      Taxes; Levies<\/span>.  Consumer agrees to be liable for any and all sales, use or other taxes, telephone line charges and any increases thereof, which be imposed on Company as a result of this Agreement.  This also includes other impositions or levies by municipal, state or federal authorities in connection with the services to be performed by the Company.  Should the Company be required, by law, at any time to perform any service or furnish any material not specifically outlined in this Agreement, the Consumer agrees to pay Company for these services or materials.  <\/span><\/p>\n

      Consumer to Insure PERS Equipment<\/span>.  <\/span>Consumer shall be responsible for any loss caused by fire or casualty and the cost of replacing or restoring the PERS. Notwithstanding the condition of Consumer\u2019s premises, or Company\u2019s impossibility of performance occasioned by condition of Consumer\u2019s premises, Consumer shall remain liable for monthly payments for the term of this Agreement without offset or reduction.<\/span><\/p>\n

      Removal\/Return of PERS.<\/span>  Upon termination of the monitoring agreement, Company will discontinue all monitoring service and Consumer shall , at the request of the Company, return the PERS equipment to Company.<\/span><\/p>\n

      Limitation of Liability; No Warranty<\/span>.  The parties agree that the PERS devise is designed to help reduce certain risk of loss and does not guarantee that no injury or loss will occur.  It is understood and agreed by the parties hereto that (a) the Company shall not be liable for any injury, loss or damage caused by defects or deficiencies of the PERS equipment of any Consumer or incur any liability for any delay in response time or non-response of police, fire or other responding authorities or personnel or individuals notified by the Company, (b) the Company is not an insurer and any insurance covering personal injury and property loss or damage to any Consumer or to Consumer\u2019s premises shall be obtained independently by the Consumer, (c) the Company is being paid to monitor a PERS designed to help reduce the possible length of time for primary and secondary response personnel to respond to a Consumer\u2019s personal emergency event and amounts by the Company are not sufficient to guarantee that no loss will occur, and (d) the Company is not assuming liability or responsibility for any losses which may occur even if due to the Company\u2019s negligent performance or failure to perform any obligation under this Agreement.  Consumer acknowledges that Consumer assumes all risk for loss or injury to Consumers\u2019 property or person.  <\/span>THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT SERVICE PROVIDED BY THE COMPANY MAY NOT BE COMPROMISED, OR THAT THE SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED<\/b>.<\/span><\/p>\n

      Liquidated Damages<\/span>.  Since it is impractical, if not impossible to fix actual damages that may arise due to the failure of services provided, if, notwithstanding the provisions set forth in this Agreement hereof, there should arise any liability on the part of the Company, such liability shall be limited to a fixed sum of $250.00 as liquidated damages.  This sum shall be the complete limit of the Company\u2019s liability and shall not be deemed as a penalty, but solely the value of the services herein described.  <\/span><\/p>\n

      Assignment and Indemnity<\/span>.  The Consumer shall not be permitted to assign this Agreement without written consent the Company.  Any assignment without prior approval by Company shall be deemed breach of the Agreement.  The Company shall have the right to assign this Agreement and shall be relieved of any obligations created upon any assignment.  Consumer agrees and shall indemnify and hold harmless the Company, its employees, agents and their successors, assigns, heirs and personal representatives from and against (a) any claim, demand, suit, liability, judgment, damage, including those brought by a third parties, including reasonable attorneys\u2019 fees and loss or expense, directly or indirectly relating to or arising out of this Agreement, Company\u2019s performance or negligent performance, or failure to perform its obligations, or the occurrence of any event (or ensuing consequences) that the PERS device or the monitoring services are intended to detect, and (b) all claims for taxes and other fees described above in this Agreement, including, without limitation, legal and accounting fees and other costs incurred by the Company in connection with the claims described clauses (a) and (b) of this section.<\/span><\/p>\n

      Full Agreement\/Severability<\/span>.  <\/span>This Agreement constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties. This Agreement shall be treated as though it were executed and performed in New York City, New York.  This Agreement shall be governed by the laws of the State of New York. If any provisions of this Agreement are deemed void, then all other provisions will remain enforceable.<\/span><\/p>\n

      Governing Law; Venue<\/span>.  This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.  The parties hereto agree that no lawsuit or legal proceeding arising out of this Agreement shall be brought or filed more than one (1) year after the occurrence of the incident giving rise to the claim.  No such legal proceeding shall be heard before a jury.  <\/span>EACH PARTY HERETO WAIVES ALL RIGHTS TO A JURY TRIAL<\/b>.  Further, the parties hereto specifically agree to exclusive personal jurisdiction and venue in New York City, New York and JAMS arbitration located in New York City.<\/span><\/p>\n

      Miscellaneous<\/span>.  The parties specifically agree that any notices required to be given under this Agreement shall be made in writing and sent to the address of each party indicated herein, or such other address as from time to time may be made known by either party.  The address for the Company is:<\/span><\/p>\n

      LogicMark, Inc.
      \nLegal Department
      \n2801 Diode Lane
      \nLouisville, KY 40299
      \nlegal@logicmark.com<\/span><\/p>\n

      This Agreement contains the entire understanding and agreement between the parties and supersedes all prior agreements, understandings and communications between the parties.  It is understood and agreed that the terms of this Agreement shall govern to the extent that there is a conflict between this Company and Consumer.  In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  Company reserves the right to update this Agreement at any time without prior notice.<\/span><\/p>\n

      2.2023<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

      \n\t\t\t\t
      \n\t\t\t\t\t
      LogicMark Is GSA Contract Approved<\/h6>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
      \n\t\t\t\t
      \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"GSA_Contract_Holder-logo\"\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
      \n\t\t\t\t
      \n\t\t\t\t\t
      LogicMark is proud to be accredited by the Better Business Bureau<\/h6>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
      \n\t\t\t\t
      \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\"bbb-accredited-business-a-rating\"\t\t\t\t\t\t\t\t<\/a>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
      \n\t\t\t\t
      \n\t\t\t\t\t
      LogicMark As Featured In<\/h6>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
      \n\t\t\t\t
      \n\t\t\t\t\t\t\t
      \n\t\t\t
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      \"featured-in-usa-today\"
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      <\/div>\n\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

      LogicMark Terms Updated: October 25, 2023 These LogicMark Terms and Conditions (this \u201cAgreement\u201d) constitute a binding legal agreement between you as the user (\u201cyou\u201d) and\u202fLogicMark, Inc.(\u201cLogicMark\u201d) that governs your access to and use of LogicMark\u2019s personal emergency response systems, services and devices (\u201cLogicMark Devices\u201d), LogicMark\u2019s websites, including https:\/\/www.logicmark.com\/, LogicMark\u2019s mobile applications (\u201cLogicMark Apps\u201d), third party […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-1566","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/pages\/1566","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/comments?post=1566"}],"version-history":[{"count":0,"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/pages\/1566\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.logicmark.com\/wp-json\/wp\/v2\/media?parent=1566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}