Terms and Conditions
Consumer Disclosure And Consent To Electronic Communications
Disclosure. Federal law, Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001-7031, and California law, the California Uniform Electronic Transactions Act, Civil Code §§ 1633.1 – 1633.17, permit you to agree to the receipt and access of certain documents and communications in electronic form, notwithstanding any requirement for written copies. Pursuant to this Consumer Disclosure and Consent to Electronic Communications you consent to receive and to be provided with electronic copies of all documents and communications as defined below. Please save or print a copy of this document for your records.
Consent to Electronic Delivery. You agree to receive all documents and communications including but not limited to agreements, terms and conditions, bills for services, statutory notices, correspondence and disclosures required by law to be in writing, (“Documents and Communications”) from RESCU, Inc., (hereinafter referred to as “Provider” or “Company”) in an electronic format, (“Electronic Communications”).You acknowledge that you are able to receive and retain such Electronic Communications by printing, downloading or saving them to your electronic device. You accept any Electronic Communications provided by Provider as reasonable and proper notice in full satisfaction of any law or regulation requiring that such Documents and Communications be provided to you in writing, or in a form that you have the ability to retain. You agree that you are solely responsible for notifying Provider of any changes to your email address, and agree to keep it up to date by writing to Provider at [email protected] or to: Alarm Relay, Inc., Attn: RESCU, 111 S. Marshall Avenue, El Cajon, CA 92020.
Paper Copies of Electronic Communications. You agree that Provider does not need to provide you with additional paper (non-electronic) copies of any Electronic Communications unless you specifically request to receive paper copies. You may request a paper copy of any Electronic Communications provided by Provider. You acknowledge RESCU reserves the right to charge you a reasonable fee for the production and mailing of any paper copy of Electronic Communications. To submit a request to receive a paper copy of all Electronic Communications contact Provider by mail: RESCU, Inc., Attn: RESCU, 111 S. Marshall Avenue, El Cajon, CA 92020.
Revocation of Consent to Electronic Communications. You have the right to withdraw your consent to receive Electronic Communications from Provider at any time. You acknowledge that Provider reserves the right to restrict or terminate your access to its website, web portal or web application if you withdraw your consent to receive Electronic Communications. To withdraw your consent to receive Electronic Communications contact Provider by mail: RESCU, Inc., Attn: RESCU, 111 S. Marshall Avenue, El Cajon, CA 92020.
Right to Modify Terms. Provider reserves the right, in its sole discretion, to modify the terms and conditions of this Consumer Disclosure and Consent to Electronic Signatures and Communications. If required by law Provider shall notify you of any modification to the Consumer Disclosure and Consent to Electronic Communications or the termination of its relationship with you.
To obtain Documents and Communications from Provider electronically, indicate your consent to the above terms and conditions by providing at least two of three personal identifiers as requested below, typing your full name in the space provided, and clicking the “I Accept” checkbox below.
By clicking “I ACCEPT”, I hereby accept the terms and conditions as outlined in the above agreement and understand that by confirming I am submitting my electronic consent to receive all document(s) and communication(s) electronically.”
RESCU, INC.
111 S. Marshall Avenue
El Cajon, CA 92020
(619) 442-9595
RESCU TERMS OF SERVICE AGREEMENT
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE CLICKING “I ACCEPT”.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU (“You” or “Subscriber”) and RESCU, Inc., (“We “Us” “Our” or “Provider”). This Terms of Service Agreement, together with Provider’s Privacy Policy, including links contained therein, and its Product and Service description materials, constitutes the entire agreement between the Parties concerning the subject matter contained herein. All prior and contemporaneous promises, representations, warranties, guarantees, and/or agreements, whether written or oral, are merged herein.
THIS CONTRACT CONTAINS AN AUTO-RENEWAL PROVISION. READ AND UNDERSTAND THE AUTO-RENEWAL PROVISION AND ALL OTHER TERMS OF THIS AGREEMENT BEFORE CLICKING “I ACCEPT”.
THIS CONTRACT CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. READ AND UNDERSTAND THOSE PROVISIONS AND ALL OTHER TERMS OF THIS AGREEMENT BEFORE CLICKING “I ACCEPT”. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS.
BY CLICKING “I ACCEPT” ICON BELOW, YOU AFFIRMATIVELY AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE AUTO-RENEWAL PROVISION. If You do not agree to the terms contains in this Terms of Agreement, do not purchase Our products and services.
1.0 SCOPE OF SERVICES PROVIDED. Subscriber is purchasing an annual subscription for the “RESCU APP”, a proprietary Personal Emergency Response System software application, (“Product”). The RESCU APP allows the Subscriber to send a signal to Provider’s Central Monitoring Station (“CMS”) in the event of an emergency, (“Emergency Signal”) using Subscriber’s compatible personal device (“Personal Device”). Upon receipt of an Emergency Signal by CMS from Subscriber’s Personal Device, Provider will dispatch Emergency Services to Subscriber’s Designated Location and deliver notification to Subscriber’s Designated Persons as provided hereinbelow, (“Services”).
1.01 Dispatch of Emergency Services to Designated Location. Upon receipt of a signal from Subscriber through the RESCU APP, Provider will dispatch local police, fire, or emergency medical technicians, (“Emergency Services”) as directed by Subscriber to the location designated by Subscriber during the onboarding process in the Account Settings function of the RESCU APP, or other location as Subscriber may designate in requesting emergency services, (“Designated Location”). You consent to the disclosure of the Designated Location.
1.02 Notification to Designated Persons. If, in Subscriber’s Call List, Subscriber has designated a person for notification in the event of an Emergency Signal, (“Designated Person”), Provider shall send notification of the Emergency Signal to the Designated Person. No more than one (1) notification to the Designated Person shall be required. Any form of notification, including leaving a message on an answering machine, shall be deemed reasonable compliance with Provider’s notification obligation
1.03 Limitation on Scope of Services. Subscriber understands, acknowledges, and agrees that Provider provides a dispatch and notification service only. Provider has no control over local Emergency Service Providers, and therefore does not warranty or guarantee the timeliness or quality of Emergency Services once Provider dispatches the Emergency Services directed by Subscriber to the Designated Location. Subscriber understands and acknowledges that Emergency Signals and related dispatch and notification Services are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication, and pass through communication networks (collectively “Communication Systems”) beyond the control of Provider. Provider does not warranty or guarantee the availability or accuracy of such Communication Systems, and shall not be responsible or otherwise liable for any interruption or failure of such Communication Systems, including but not limited to circumstances which prevent Emergency Signals from being transmitted to or from CMS, or damages resulting therefrom.
2.0 SUBSCRIBER REPRESENTATIONS AND WARRANTIES. Subscriber represents and warrants that: (a) Subscriber is age 18 or older; (b) Subscriber is authorized to enter into this Agreement; and (c) Subscriber Information provided to Provider is accurate, (collectively (Subscriber Representations and Warranties”). If Subscriber authorizes any person or entity to use the Products and Services provided under Subscriber’s account, Subscriber represents and warrants that Subscriber shall be fully responsible for such user’s use of such Services. Subscriber represents and warrants that it consents to Provider’s use of Subscriber’s personal information consistent with Provider’s Privacy Policy and as otherwise as may be reasonably required by Provider in connection with the use and performance of Products and Services.
3.0 SUBSCRIBER RESPONSIBILITIES. Subscriber shall have the following responsibilities (collectively “Subscriber Responsibilities”) at all times during the term of this Agreement:
3.01 Installation and Activation of RESCU APP. Subscriber is responsible for downloading and installing the RESCU APP on Subscriber’s Personal Device. Subscriber is responsible for activating the RESCU APP with Provider, and thereafter maintaining connectivity with Provider by performing periodic testing using the Test Alert function in the RESCU APP. Subscriber covenants and agrees to read, understand, and comply with all onboarding instructions and other information, including all updates thereto, provided by Provider in connection with its Products and Services.
3.02 Accuracy of Subscriber Data and Input Information. The accuracy of the information provided by Subscriber during the onboarding process and in the Account Setting function, including but not limited to the accuracy of the Designated Location and the contact information for the Designated Person, (“Subscriber Information”) is critical to the delivery of Services. Subscriber is responsible for maintaining the accuracy of all Subscriber Information. Any updates to Subscriber Information must be provided to Provider by timely updating Subscriber’s Account Settings. FAILURE TO PROVIDE ACCURATE SUBSCRIBER INFORMATION COULD DELAY OR PREVENT SERVICE.
3.03 Maintenance of Personal Device. Subscriber, at its own cost, is responsible for maintaining Subscriber’s Personal Device, equipment or other applicable hardware, including all electrical, battery, or other power systems, in good working order. Subscriber is responsible Subscriber for ensuring and maintaining the compatibility of Subscriber’s Personal Device with the RESCU APP, including ensuring that the operating system, security settings, changes made by cellular telephone providers, or other software programs on Subscriber’s Personal Device do not conflict with or otherwise cause the RESCUE APP not to operate or perform as designed.
3.04 Connectivity of Personal Device. Subscriber, at its own cost, is responsible for securing and maintaining connectivity between Subscriber’s Personal Device and any and all applicable cellular telephone, internet, VoIP or other communications lines, ports, pathways, connections and/or services, (“Connectivity”). Subscriber is responsible for any excessive data usage expense incurred by Subscriber attributable to the Service.
3.05 Permits. Subscriber is responsible for all permits and permit fees, and shall file for and maintain any and all permits as required by applicable law.
3.06 False Alarms. Subscriber shall take reasonable care and precaution to prevent false alarms, (“False Alarms”). Subscriber may be responsible and otherwise legally liable for any fees, fines, penalties or other loss or damage arising out of any False Alarm(s).
3.07 Method and Means of Payment. At all times during the term of this Agreement, Subscriber shall maintain on file with Provider a valid and active method and means of payment.
3.08 Compliance with All Applicable Requirements. Subscriber shall comply with all state, federal, and local laws, statutes, ordinances, administrative regulations and other requirements, including but not limited to privacy and third party privacy laws, applicable to the use of the Products and Services, (“Applicable Requirements”).
4.0 COMMENCEMENT OF SERVICE; INITIAL TERM OF AGREEMENT. Service will commence when Provider delivers electronic notice to Subscriber, , and payment from Subscriber has been received by Provider, (“Commencement Date”). Service shall continue for a period of one (1) year from the Commencement Date, unless earlier terminated as provided by this Agreement.
5.0 AUTOMATIC RENEWAL; CANCELLATION BY SUBSCRIBER. After the initial one-year term, this Agreement will, subject to the pricing and payment terms contained in this Agreement, automatically renew for successive one-year terms. By purchasing Products and Services you expressly authorize and permit Provider to automatically renew your subscription for successive terms each equal in length to your initial Subscription Period at the then-current renewal price (plus applicable taxes), including any discounts that may be applicable to auto-renewal subscriptions at renewal, until you cancel the automatic renewal and billing of your subscription in accordance with these Terms of Service, Provider’s Cancellation Policy, or by applicable law. You may unsubscribe from the auto-renewal plan at any time by contacting Provider using the information in the “How to Contact Us” section below.
6.0 COST OF SERVICE. “Cost of Service” shall include the Annual Fee for “Basic” or “Prime” Service as described in Provider’s Product and Service description materials, and any Additional Fees and False Alarm or Permit Fees.
6.01 Subscription Period. Your subscription begins on your purchase date and continues for a period of one year, (“Subscription Period”).
6.02 Annual Fee for “Basic” and “Prime” Service. The annual fee for “Basic Service” is $59.00; the annual gee for “Prime Service” is $99.00, (“Annual Fee”). The Annual Fee does not include data and messaging rates that may be charged by Subscriber’s wireless telephone, internet or other Communications System provider. Such data and messaging rates and costs are the sole responsibility of Subscriber. Subscriber shall pay the Annual Fee on or before the Commencement Date. Service shall not commence until the Annual Fee is paid in full.
6.03 Increase in Annual Fee. Provider may increase the Annual Fee at any time or times after a period of one (1) year from the Commencement Date. Notice of such increase in the Annual Fee shall be provided to Subscriber, (“Notice of Increase”). Upon receipt of Notice of Increase, Subscriber shall have the option to either continue Service at the Increased Annual Fee or terminate Service.
6.04 Additional Fees. In addition to the Annual Fee, additional fees, including but not limited to excise, sales, property, or other taxes, Connectivity charges, and any increases thereof, and additional mandated Services may be imposed upon Provider by public utilities, governmental entities or agencies, or other persons or firms, (“Additional Fees”).
6.05 False Alarm and Permit Fees. In the event Provider is charged or billed for any Permit or False Alarm fees, fines, penalties or other loss or damage resulting from Subscriber’s False Alarm(s) or failure to maintain any applicable permit, (“False Alarm and Permit Fees”) such False Alarm and Permit Fees shall be reimbursed by Subscriber as a Cost of Service.
6.06 Payment for Costs of Service. Subscriber shall pay all Costs of Service and hereby authorizes Provider to charge Subscriber’s credit card for all Costs of Service, including automatic renewals, and any other charges owing under this Agreement. In the event a charge to Subscriber’s credit card is declined, Provider shall have no obligation to provide Service to Subscriber and, upon notice to Subscriber, may elect to terminate this Agreement.
7.0 SUBSCRIBER DEFAULT; PROVIDER REMEDIES. If Subscriber breaches any representation, warranty, or covenant, fails to duly and timely perform any obligation, or satisfy any condition owing under this Agreement, including without limitation any breach of Subscriber’s Representations and Warranties, Subscriber’s Responsibilities, or pay for Costs of Service, then Subscriber shall be in default, (“Subscriber Default”). In the event of a Subscriber Default, Provider may, after notice to Subscriber, terminate Service and retain as liquidated damages the balance of any unused Annual Fees and collect from Subscriber any other Cost of Service owing Provider.
8.0 ASSIGNMENT AND SUBCONTRACTING. Subscriber shall not assign its rights and obligations under this Agreement without the express written consent of Provider. Any such assignment without requisite consent shall be null and void, and shall constitute a Subscriber Default. Provider, after notice to Subscriber, shall have the right to assign its rights and obligations owing under this Agreement, and shall be relieved of any obligations created herein upon such assignment. Without limiting the generality of the foregoing, Provider is hereby authorized and permitted to subcontract any Service to a third party provider who may be independent of Provider (“Third Party Provider”); provided however, that Provider shall not obligate Subscriber to make any payments for any Service to any such Third Party Provider. Subscriber appoints Provider act as Subscriber’s agent with respect to any Third Party Provider. Provider shall not be liable for any act or omission of any Third Party Provider, or any loss, damage or injury resulting therefrom. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to Provider’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, and vendors of Provider.
9.0 DISCLAIMER OF WARRANTIES. PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTY, STATUTORY WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROVIDER MAKES NO REPRESENTATION, WARRANTY OR GUARANTY THAT THE SERVICE WILL AVERT, PREVENT OR PROTECT AGAINST ANY LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY. TO THE EXTENT SUBSCRIBER’S STATE OR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
10.0 EXCULPATORY CLAUSE. Subscriber understands, acknowledges, and agrees that Provider is not a guarantor or an insurer, and that no guaranty or insurance coverage is offered by Provider. Provider does not guarantee that no loss or damage will occur in the event of an Emergency. Provider is not assuming liability for, and shall not be liable to, Subscriber or any other third party for any loss, damage or personal injury, including death sustained as a result of any equipment or communication failure, human error, burglary, theft, hold-up, fire, smoke, water or any other cause whatsoever, regardless of whether such loss, damage, personal injury or death was caused by or contributed to in whole or in part by any act or omission of Provider.
11.0 LIMITATION OF LIABILITY; SUBSCRIBER REMEDIES. UNDER NO CIRCUMSTANCES WILL PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, INSURERS, INDEPENDENT CONTRACTORS AND ANY OTHER PERSON FIRM OR ENTITY ACTING ON ITS BEHALF, BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APPLICATION OR THE SERVICE. IN THE EVENT SUBSCRIBER IS DISSATISFIED WITH THE RESCU APP OR THE SERVICE, OR SUSTAINS ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH, AS A RESULT OF ANY ACT, OMISSION OR BREACH OF LEGAL OR CONTRACTUAL DUTY BY PROVIDER, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY, WHETHER SUBSCRIBER’S CLAIM SOUNDS IN TORT OR CONTRACT, SHALL LIMITED TO A REFUND OF THE TOTAL COST OF SERVICE PAID BY SUBSCRIBER OVER THE TERM OF THE AGREEMENT, AND ANY RENEWALS THEREOF, OR THE SUM OF $250.00, WHICHEVER IS GREATER. You may have additional rights under certain laws (including consumer protection laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws do not apply to you.
12.0 FORCE MAJEURE. Provider assumes no liability for failure to perform because of labor disputes, terrorism, riots, civil unrest, fire, floods, acts of God, or any catastrophe or condition beyond its control, and is not required to provide Service while any such condition exists.
13.0 INDEMNITY. Provider shall not be liable to Subscriber for any loss, damage, claim or expense arising out of Subscriber’s breach of any Subscriber Representation and Warranty or Subscriber’s failure to perform or satisfy Subscriber Responsibilities. Subscriber shall defend, indemnify, and hold Provider, its parent companies, subsidiaries, officers, directors, shareholders, employees, agents, attorneys, insurers, vendors, suppliers, independent contractors, and all other persons, firms or entities acting on its behalf, from any and all liability, loss, damage, and expense, including reasonable attorney’s fees, resulting from, or in any way connected with Subscriber’s breach of any representation, warranty, covenant or obligation owing under this Agreement, including without limitation any breach of Subscriber’s Representations and Warranties and/or Subscriber’s Responsibilities.
14.0 WAIVER OF SUBROGATION. Subscriber, for itself, and on behalf of its insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against Provider or Provider’s subcontractors arising out of this agreement, the relation of the parties, or extra-contractual duty. Subscriber releases Provider from any claims for contribution, indemnity or subrogation.
15.0 OWNERSHIP OF RESCU APP AND RELATED INFORMATION. The RESCU APP and all files, documents, data, information, and intellectual property, related thereto, as well as all content included in this website, including but not limited to trade names, trademarks, images, colors, logos, graphical elements and accents, style sheets, menus and navigation tools, product depictions, drawings, and diagrams, and technological or resource data, descriptions, documentation, coding, files, and other information concerning the Service, (collectively “Application Content and Information”) is and shall remain the property of Provider, its parent companies, and/or subsidiaries, and is protected by all applicable international, federal, state, and local copyright, patent, trademark, and other proprietary laws. Any reproduction, reprogramming, redistribution, republication, diversion, transmission or other unauthorized use of this website or the Application, or any part thereof, without the express written consent of Provider is strictly prohibited.
16.0 PROHIBITED USE. Subscriber shall only use the Application and Service for its intended use. Subscriber shall comply with all laws, ordinances, and regulations applicable to the use of Service. Subscriber shall not, directly or indirectly reproduce, republish, redistribute, reverse-engineer, reprogram, divert, transmit, tamper with sublicense, sell or otherwise misuse the Application in any form, fashion or manner whatsoever. Without limiting the generality of the foregoing, Subscriber shall not: (a) violate, or attempt to violate by means of a probe, scan or test, the security of the Application or Service; (b) access or attempt to access user data other than that of Subscriber; or (c) flood, crash, or overload the Application or Service. Any Subscriber engaging in any prohibited use or activity shall, in the sole discretion of Provider, be subject to termination.
17.0 PRIVACY POLICY; PERSONAL MEDICAL DISCLOSURE AUTHORIZATION: Provider maintains a privacy policy for the protection of Subscriber Information. Subscriber acknowledges, however, that electronic data and other communications transmitted in connection with the use of the RESCU APP may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology. Provider shall have no liability for unauthorized access to such communications or transmissions. Notwithstanding anything the Privacy Policy to the contrary, Subscriber, by providing any medical or other personal Subscriber Information to Provider authorizes Provider to disclose such information to Emergency Service Providers and Designated Persons.
18.0 FAIR CREDIT REPORTING ACT. In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes Provider to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to Provider to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.
19.0 DISPUTE RESOLUTION.
19.01 Agreement for Binding Arbitration. Arbitration under this Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Agreement applies to Subscriber and Provider, and their respective heirs, assigns, spouses, family members, affiliates, officers, directors, attorneys, insurers, shareholders, successors, subsidiaries and/or parent companies, and survives the termination of Service. SUBJECT TO SUBSCRIBER’S RIGHT TO BRING ANY CLAIM AGAINST PROVIDER IN A SMALL CLAIMS COURT OF COMPETENT JURISDICTION SUBSCRIBER AND PROVIDER AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF THIS AGREEMENT, THE USE OF THE RESCUE APP, OR THE SERVICE, INCLUDING ISSUES OF ARBITRABILITY, SHALL, (“DISPUTE”), AT THE OPTION OF EITHER PARTY, BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) UNDER ITS APPLICABLE ARBITRATION RULES IN EFFECT AT THE TIME THE DISPUTE ARISES. DISPUTES SHALL NOT BE RESOLVED BY COURT OR JURY TRIAL, AND SUBSCRIBER IS WAIVING ANY RIGHT TO A COURT OR JURY TRIAL. The JAMS Policy on Consumer Arbitration and Minimum Standards of Procedural Fairness in effect at the time the Dispute arises are deemed incorporated by reference herein, and shall govern the Arbitration.
The JAMS Rules and may be found at www.jamsadr.com, by searching for “JAMS Arbitration Rules” using a service such as www.Google.com or www.Yahoo.com, or by asking Provider for a copy of the rules. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator.
The Arbitration hearing shall, unless the Parties otherwise agree in writing, be held within 45 miles of where Subscriber resides. Provider shall pay all costs and expenses unique to arbitration, including without limitation the arbitrator’s fees. The Parties shall be entitled to discovery as provided by the Federal Rules of Civil Procedure. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction.
Either Employee or the Company may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.
19.02 Class, Collective, and Representative Action Waiver. This Agreement affects your ability to participate in class, collective or representative actions. Subscriber and Provider agree to bring any Dispute in Arbitration on an individual basis only, and not on a class, collective, or private attorney general representative basis. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class, collective, representative, or private attorney general action, or as a member in any purported class, collective, representative, or private attorney general proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or the JAMS Rules, disputes regarding the validity, enforceability, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative, or private attorney general action and (2) a civil court of competent jurisdiction finds all or part of the Class Action Waiver unenforceable, the class, collective, representative, and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
19.03 Commencing the Arbitration. All claims in arbitration are subject to the same statues of limitations that would apply in court under applicable law. The Party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration shall be provided to Provider’s registered agent for service of process. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
19.04 Enforcement of this Agreement. This Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Agreement, and shall supersede any and all other agreements concerning arbitration. In the event any portion of this Agreement is deemed unenforceable, the remainder of this Agreement will be enforceable. If the Class Action Waiver in Section 2 of this Agreement is deemed to be unenforceable, Provider and Subscriber agree that this Agreement is otherwise silent as to any Party’s ability to bring a class, collective, or representative action in arbitration
20.0 ENTIRE AGREEMENT; SEVERABILITY. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior or contemporaneous agreements, representations or understandings by and between the Parties, whether written or oral, are superseded and merged herein. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this Agreement is inconsistent with any other document or agreement, whether executed prior to, or concurrently with this Agreement, the terms of this Agreement shall govern. Should any provision of this Agreement be declared by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal and/or invalid part, term, or provision shall be deemed not to be a part of the Agreement.
21.0 MODIFICATION; WAIVER. No supplement, amendment or modification of this Agreement shall be valid or binding unless in writing and executed by an authorized officer of RESCU, Inc. Provider shall not be deemed to have waived any provision in this Agreement, unless specifically agreed to in writing and signed authorized officer of RESCU, Inc. No waiver of any provision of this Agreement shall be deemed to constitute a continuing waiver of that provision, nor shall it be deemed to constitute a waiver of any other provision.
22.0. NOTICE. All notices, requests, demands and other communications required to be provided to Provider under this Agreement shall be in writing and, deemed to have been duly given on the date of service if delivered personally or electronically, or on the third day after mailing if mailed, by first class mail, registered or certified mail, postage prepaid, and properly addressed to RESCU, Inc. 111 S. Marshall Avenue, El Cajon, CA 92020 1-800-624-6866.
23.0 REQUEST FOR PAPER COPY OF AGREEMENT. To obtain a paper copy of this Agreement, contact Provider using the “How to Contact Us” information below, or download a copy at rescusaveslives.com.
Additional statutory protections may apply to Buyer depending on the State in which Buyer is located. Please review your state’s additional statutory protections below:
24.0 HOW TO CONTACT US.
For questions concerning these Terms of Service, please contact us at:
RESCU, INC.
111 S. Marshall Avenue
El Cajon, CA 92020
Phone: (619) 442-9595
Email: [email protected]
Website: rescusaveslives.com
Kansas:
See paragraph 19.1: LEGAL ACTION: ARBITRATION is prohibited in tort actions.
Maryland:
See Paragraph 24: RESCU’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: The telephone number of the Maryland Home Improvement Commission is 1-888-218-5925 (toll free) or 410-230-6231 (Baltimore area), and each contractor and each subcontractor must be licensed by the commission, and anyone may ask the commission about a contractor or subcontractor.
New Jersey:
See paragraph 21: LEGAL ACTION: WAIVING TRIAL BY JURY: AS A CONDITION OF THIS AGREEMENT, BUYER AGREES TO WAIVE BUYER’S RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING RESCU. BUYER UNDERSTANDS THAT BUYER IS WAIVING BUYER’S RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. BUYER UNDERSTANDS THAT BUYER HAS A RIGHT TO CONSULT WITH A PERSON OF SUBSCRIBER’S CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT. BUYER AGREES THAT INSTEAD OF SUING OR BEING SUED IN COURT, BUYER MAY SETTLE DISPUTES BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD.
North Carolina:
See paragraph 21: LEGAL ACTION: RESCU shall provide notification to Buyer by verified personal service or certified mail at least 10 days prior to cessation of the service(s). This provision shall not apply to Buyer’s initiated action to terminate or upon Buyer’s relocation.
North Dakota:
ELECTRONIC CONTRACT REQUIREMENTS CLAUSE: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring RESCU to provide, send or deliver information in writing to the Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically.
Oregon:
ELECTRONIC CONTRACT REQUIREMENTS CLAUSE: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring RESCU to provide, send or deliver information in writing to the Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically.
