Product and Service Terms and Conditions
The parties bound to these Terms and Conditions shall be Blue Star Service Solutions, Inc. (“BlueStar”), the User, and the Purchaser (as such terms are elsewhere defined, collectively referred to from time to time herein as “Customer”). BlueStar reserves the right to assign this Contract, or to subcontract its obligations hereunder, to any third party without the consent of the Customer.
TERM AND TERMINATION
The Contract shall become effective upon installation of the equipment for use by the User and shall be effective for an initial term of thirty (30) days, with such term to be automatically renewed until terminated. Purchaser agrees to pay BlueStar all applicable fees to BlueStar for the entire period during which the Contract is in effect. The Contract may be terminated by the Customer or BlueStar at any time for any reason. Any termination by Customer shall be effective upon written notice to the BlueStar and return of all equipment in satisfactory condition. Any termination by BlueStar, such as in cases of non-payment of fees or misuse of the monitoring system by Customer, shall be effective upon five (5) days’ advance notice to Customer. Upon any cancellation, Customer agrees to return to BlueStar, within fifteen (15) days, all equipment in satisfactory condition. In the event of any cancellation by Customer, BlueStar will not be responsible to refund to Purchaser any payments already made. In the event of any cancellation by BlueStar, however, BlueStar will refund to Purchaser an amount equal to the prorated monthly amount for any fee already paid.
BlueStar will provide Personal Emergency Response System (PERS) equipment and ensure that such equipment is monitored twenty-four hours a day, seven days per week, by a professional home monitoring service contracted for such purposes by the BlueStar. Upon notification of an emergency condition by User’s implementation of the monitoring system, BlueStar or its designee will take all reasonable and practicable steps to notify appropriate caregivers or emergency response services as designated by and in accordance with the User Information Sheet provided by the User. Customer acknowledges and understands that this monitoring system is dependent on the functionality of telephone service and internet connectivity and recognizes that BlueStar has no control over, nor is it responsible for, such functionality or connectivity. While Customer may make use of BlueStar’s website to provide information to caregivers regarding other in-home monitoring equipment such as blood pressure cuffs, scales, glucometers, or the like, BlueStar assumes no responsibility for monitoring or reporting the readings of such equipment.
Except as otherwise set forth below, BlueStar shall provide to Customer all PERS equipment necessary to provide the monitoring set forth above. Such equipment shall be leased by Purchaser for Customer’s benefit, but shall remain the property of BlueStar. Upon cancellation or termination of Blue Star’s services, all equipment shall be returned to BlueStar in satisfactory condition. If any equipment is returned in an unsatisfactory condition such that, in BlueStar’s sole discretion, it is not reasonably usable for the home monitoring purposes for which it was intended, BlueStar will charge and Purchaser agrees to pay the reasonable replacement costs for such equipment, not to exceed Five Hundred Dollars ($500.00).
CONSENT TO RECORDING
For training and quality control purposes, User consents to the recording of any and all communications between User and Blue Star, its subcontractors, employees, agents or assigns.
Customer is responsible for: (a) properly installing and connecting equipment; (b) regularly testing service and verifying telephone service functionality and internet connectivity; (c) insuring equipment or, in the event of damage due to fire or other casualty, otherwise reimbursing BlueStar for such loss; (d) refraining from attempting to repair or alter equipment; promptly informing BlueStar of any malfunctions regarding equipment; and (e) refraining from causing the unreasonable occurrence of any false alarm or, in the event of such, paying the reasonable costs incurred by BlueStar, its agents, designees, or subcontractors, in responding to such false alarm(s) including any duly levied fines or penalties incurred arising from such false alarm(s).
LIMITATIONS ON LIABILITY
BlueStar makes no warranties or guarantees of any kind whatsoever related to the monitoring system or related equipment and expressly disclaims any such warranties or guarantees, whether express or implied. Customer furthermore understands that BlueStar is not an insurer and payments provided to BlueStar are solely for the services set forth herein. Customer agrees and acknowledges that fixing actual damages from the incidence of any negligence or failure to perform on the part of BlueStar is inherently difficult and therefore agrees, if there should arise any liability under this Contract or in any way related to the services provided, whether based in tort, contract, or otherwise, BlueStar’s liability shall not exceed One Thousand Dollars ($1000.00), inclusive of all claims for damages, costs, or otherwise. Upon such a finding of liability, this amount shall be paid by BlueStar and received by Customer as liquidated damages in full and fair compensation for Customer’s loss and not as a penalty. In no circumstance shall BlueStar be liable to Customer for incidental, consequential, special, exemplary, or other damages.
THIRD PARTY INDEMNIFICATION
Should any third party seek contribution or compensation for any claim or loss relating in any way to the services or equipment provided by BlueStar hereunder, Customer agrees to indemnify, defend, and hold harmless BlueStar, its employees, agents, and subcontractors against any and all such claims, regardless of the claimant’s theory of liability.
This Contract shall be construed according to the laws of the State of Maryland and all actions or claims arising under or relating to this Contract shall be brought exclusively in the courts of Montgomery County, Maryland. Purchaser and User hereby expressly consent to the jurisdiction of the courts of Montgomery County, Maryland, for the resolution of such disputes and furthermore permanently and irrevocably waive any right to a jury trial for any claim or action arising under or relating to this Contract. Should BlueStar be required to engage legal counsel for the purposes of resolving any dispute with Customer or to enforce any term or condition herein, Customer agrees to pay the BlueStar the reasonable attorney’s fees associated with such engagement.
BlueStar reserves the right to modify these Terms and Conditions by publishing such on its website and Customer agrees that such publication shall be deemed adequate notice of such modification and agrees to be bound by such modified Terms and Conditions upon such publication.