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Agreement made this day, at time of purchase of products and services by Customer, by and between CTNY Group, dba ThePanicAlert.com., duly organized under the laws of the State of Connecticut, and having its place of business at 9 Union Square, #106, Southbury, CT 06488 (hereinafter referred to as the "Company") and Subscriber and/or Customer, (hereinafter called the "Customer").

In consideration of the promises herein, the parties and their successors and/or assigns, mutually agree as follows:

In recognition that the Customer will be entering into an agreement with Company, and it’s sub-contractors, for the monitoring / processing of emergency calls initiated from a telephone at Customers' predefined location, the Company agrees to assist in provisioning the monitoring and notification services set forth in this agreement for Customer.

There may be other domain names used by Company, and/or its affiliates or independent agents to refer business to The Panic Alert shopping cart, located at www.thepanicalert.com All these terms and conditions will apply regardless of the domain name of the referring website.

The Company's obligation to render services to any particular Customer shall become effective only after (a) the Company has received the fee to commence such service; (b) the Company has received an appropriate telephone number, to which Customer will attach a telephone provided by Customer, (c) Company has received the corresponding appropriate emergency services physical address from the Customer, and (d) the Company has received an acceptable test call from the Customer's location.

Customer may have been referred to Company shopping cart from one of its independent distributor websites. These sites have their own unique domain names. Company is not responsible for any representations made by its referring independent sub-contractor websites. Customer should refer to this document, and details presented in Company shopping cart at time of purchase, as well as company sent email instructions.

Company does not, and can not provide service outside the United States.

Customer MUST follow procedures outlined in emails sent from Company at time of enrollment, and at future times after that.. Any future changes to Customers physical location: the location where emergency services will respond to, the associated phone number, or the emergency contact list information, must be updated by Customer, in the manner instructed.

Company will do its best to arrange for any emergency calls initiated from this Customer provided number, to be relayed to it’s central station contractor, and thereby allow emergency police services to be dispatched to the location address provided by Customer.

Company will provide Customer with a special toll free number, to be programmed into the appropriate attached telephone’s speed dial. This toll free number will not be the company demonstration number posted on it’s website, but will be a specific toll free number specifically provided to reach the emergency call center. Customer will have sole responsibility for obtaining proper telephone equipment, and services capable of initiating a speed dialed call. Customer will also be solely responsible for properly programming the Company provided toll free access number, so that it functions properly.

Customer will not block caller ID on emergency calls. It will be Customer’s responsibility to program appropriate dialing codes, if necessary, to unblock caller ID transmission on calls to our service.

Company will also do its best to notify customers emergency contact list, in the event of an alarm. Customer is responsible for supplying Company with Customers physical address and address details, and also supplying the contact information for its emergency notify list. Customer must complete a modification form, on Company website, if any of this information changes. At any time, Customer can request an email verification of all loaded Customer information.
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The Company and the Customer agree that the Company's sole and only obligation under this agreement and/or any agreement between them shall be to monitor signals received from the emergency call device (telephone). The Company shall make every reasonable effort, upon receipt of the Customer's signal, to promptly notify the police or other authorities and/or the person(s) whose name(s) and telephone numbers appear on the notification instructions received by the Company for each Customer, or as same may be changed in writing by the Customer from time to time, unless there is just cause to believe an emergency condition does not exist.

It is understood that the Company does not own the emergency call device and has no responsibility for the condition and/or functioning thereof and that maintenance, repair, service, replacement, or insurance of the emergency call device is not the obligation or responsibility of the Company.

The Company shall not be liable for any loss, harm or damage caused by defects or deficiencies in the emergency call device of any Customer, nor shall the Company incur any liability for delay in response time or the non-response by police, fire, or other authority, institution or individual.

This agreement may be suspended as to any particular Customer should its equipment become disabled or so substantially damaged that further service to such Customer is impractical. The Company will not be required to render service to the Customer if such failure is as a result of strikes, riots, floods, fires, malfunctions of telephone lines or telephone equipment, acts of God, or any other cause beyond the Company's control. The Company will not be held liable when the Customer's signal is not received at the Company’s contracted Central Station for any reason whatsoever. Customer agrees that the Company's obligations hereunder are waived and released automatically in case of Customers breach of this agreement.

The Customer agrees to pay to the Company for its services pursuant to the Company's price list in effect at the time services rendered. The Customer acknowledges having received a current price list and specifically agrees that same and/or any amendment thereof, be incorporated by reference as part of this Agreement as if fully set forth herein. Company can change its monthly fees at any time, with 30 days advance email notice to Customer.

Said fees will be paid to the Company by the Customer, in advance, on a monthly basis, as agreed between the parties and commencing with the rendering of services by the Company to the Customer.

Each Customer will be automatically renewed for a like term, unless notification is given to the contrary. The Customer agrees to notify the Company, in writing, prior to a monthly billing date whether any Customer's services have or should be terminated. Unless and until the Company receives written notification, the Customer agrees to pay the fee due for each Customer as billed.

To insure continued service to the Customer, the Company will charge the Customer provided credit card number (or other billing platform as may be offered from time to time) on a monthly basis. Customer agrees that failure to make the payments herein provided as to any particular Customer shall automatically terminate the Company's obligation to render services to the Customer, but the failure to render such services shall not be deemed to be an election of remedies by the Company, and this agreement shall remain in full force.

Any obligation of Company to provide services to Customer is dependant of Company receiving advance monthly payment for service. If Customers credit card, or other payment method can not be charged, for any reason whatsoever, Company’s obligation to provide service will end as of the first day of unpaid service. Time is of the essence with respect to any service fees owed to Company by Customer.

Any fees paid by the Customer for service to a Customer shall be non-refundable whether service to such Customer has been terminated by actions of the Customer or the Company.

In addition to the fees stated herein, Customer agrees to pay any and all sales or use taxes or other impositions or levies, by municipal, state or federal authorities in connection with the service to be performed by the Company. The Customer agrees to hold the Company harmless from, and to indemnify the Company against any claims, including false alarms, and including legal or accounting fees, if necessary. It is understood and agreed between the parties hereto that if there is any conflict between the Customer's purchase order, or any other document, the provisions of this contract will prevail.

Company may terminate your Customer access or suspend your right to access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, associates, or ThePanicAlert.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion.

THE COMPANY IS NOT AN INSURER - LIMITATION OF LIABILITY

IT IS UNDERSTOOD AND AGREED BY AND BETWEEN COMPANY AND CUSTOMER THAT: THE COMPANY IS NOT AN INSURER AND THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE TO A CUSTOMER, OR ON A CUSTOMER'S PREMISES SHALL BE OBTAINED BY THE CUSTOMER; THE COMPANY IS BEING PAID FOR THE MONITORING OF A SYSTEM DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THE AMOUNTS BEING CHARGED BY THE COMPANY ARE NOT SUFFICIENT TO GUARANTEE THAT NO LOSS WILL OCCUR; THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS WHICH MAY OCCUR EVEN IF DUE TO THE COMPANY'S, ITS AGENTS: SERVANTS: SUBCONTRACTORS: EMPLOYEES: OR SUPPLIERS' SOLE, JOINT OR SEVERAL NEGLIGENCE IN PERFORMANCE OR FAILURE TO PERFORM, OR AS A RESULT OF ANY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE ANY CENTRAL STATION; SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULTTO FIX ACTUAL DAMAGES WHICH MAY ARISE FROM THE FAILURE ON THE PART OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER, OR THE FAILURE OF THE SYSTEM TO OPERATE PROPERLY, IF, NOTWITHSTANDING THE PRIOR PROVISION, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF THE COMPANY WHETHER IN CONTRACT, TORT OR EQUITY, ANY DAMAGES SHALL BE LIMITED TO AN AMOUNT EQUAL TO SIX (6) TIMES THE MONTHLY SERVICE CHARGE OR THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00), WHICHEVER IS GREATER. THIS SUM SHALL BE EXCLUSIVE AND COMPLETE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN THE EVENT THE CUSTOMER DESIRES TO INCREASE THE MAXIMUM AMOUNTS OF THE LIMITS OF LIABILITY, EITHER MAY, AS A MATTER OF RIGHT, OBTAIN FROM THE COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONAL TO THE INCREASE IN THE LIMIT OF LIABILITY, BUT THIS INCREASE SHALL IN NO WAY IMPLY THAT THE COMPANY IS AN INSURER. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, ACCIDENT, ASSAULT, OR OTHERWISE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT WAS INTENDED. THE CUSTOMER HAS NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SET FORTH HEREIN. CUSTOMER AGREES TO AND SHALL INDEMNIFY AND HOLD THE COMPANY, ITS AGENTS AND EMPLOYEES HARMLESS FOR AND AGAINST ALL THIRD PARTY CLAIMS, LAWSUITS, AND LOSSES ALLEGED TO BE CAUSED BY THE COMPANY'S PERFORMANCE, NEGLIGENT PERFORMANCE, OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.

Any and all claims, actions or proceedings, legal or equitable, against the Company or its agents, employees or sub-contractors, must be commenced WITHIN ONE (1) YEAR from when the cause of the action accrued, without judicial extension, or such action is barred, time being the essence of this paragraph.

Company and Customer agree that the courts of Connecticut shall have exclusive jurisdiction over the parties regarding any dispute between them. The Company and the undersigned specifically submit to the jurisdiction of Connecticut and consent that service of process shall be made by certified mail return receipt requested. This agreement shall be governed and construed solely under the laws of Connecticut.

Customer acknowledges and hereby consents that the Company, and/or its central station provider may record wire and oral communications with Customer.

Company and Customer specifically agree that any notice required under this agreement shall be made in writing and sent to the address or each party indicated herein, or such other address as from time to time may be made known by either party. This agreement contains the entire understanding between the parties. Only Company may modify this agreement. It can do so at any time by posting a new revision to it’s www.thepanicalert.com website, and the revisions will take effect with the same force and effect. Company can change these terms at any time.

Customer acknowledges that he has read and understands this entire agreement, and that he has received a copy of this agreement. There are no verbal understandings changing or modifying any of the terms of this agreement.

Customer, by continuing with the purchase of services, is agreeing with all of the above. If any one part of this agreement shall be unenforceable, the remaining terms and conditions shall continue to be binding and enforceable.

CTNY Group, LLC
Dba ThePanicAlert.com
9 Union Square, #106
Southbury, CT 06488

Additional Terms and Conditions

Applicable to Customers, customers of any type, site visitors, and any referring affiliates and/or independent marketing agents:

Introduction

Welcome to ThePanicAlert.com, also referred to as the website. In the following sections, the terms "you," "your," and "yours" refer to the Customer/customer/purchaser utilizing our website. The terms " ThePanicAlert.com," "we," "us," and "our" refer to ThePanicAlert.com. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement, you will have your service cancelled and you may be permanently banned from using the website and any interactive services. You should check these terms and conditions periodically. By using the website after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them. Entering the website will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the website. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

Privacy

Please review our Privacy Policy, which also governs your visit to the website, to understand our practices.

Copyright  and Trademarks

You acknowledge that the website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

Affiliates, and referring Independent contractors

By sending traffic to our site, Affiliates, and referring independent contractors agree to abide by all of the rules and regulations contained herein.

Site Access

You may not download (other than page caching) or modify the website or any portion of it, without our expressed written consent. This includes: a prohibition on any resale or commercial use of the website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ThePanicAlert.com without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our expressed written consent.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Termination of Usage

We may terminate your access or suspend your right to access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, associates, or ThePanicAlert.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion.

Pricing and Availability

Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

Risk of Loss

Any items purchased from us that are made pursuant to a shipment contract will mean that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Warranties

All products sold on ThePanicAlert.com are shipped "as-is" and "as available" with no warranty stated or implied. ThePanicAlert.com specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by ThePanicAlert.com shall create a warranty. You expressly agree that the use of the website and of all products purchased through the website is at your sole risk.

Refunds and Exchanges

You have the right to cancel our panic alert service auto renewal at any time; however, any cancellation will only be effective as of the next, upcoming renewal date. We do not provide pro-rated refunds of purchased services. One time setup fees are not refundable.

Links 

We are not responsible for the content of any sites that may be linked to or from ThePanicAlert.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the website are independent from ThePanicAlert.com, and ThePanicAlert.com has no control over the content of that other website. In addition, a link to any other website does not imply that ThePanicAlert.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ThePanicAlert.com of that third party or of any product or service provided by a third party.

Disclaimers and Limitations of Liability

The website is provided on an "AS IS," "as available" basis. Neither ThePanicAlert.com, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, owners, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the website will be uninterrupted or error-free. Neither ThePanicAlert.com, nor its Associates warrant the accuracy, integrity, or completeness of the content provided on the website or the products or services offered for sale on the Site. Further, we make no representation that content provided on the website is applicable or appropriate for use in locations outside of the United States. ThePanicAlert.com specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by ThePanicAlert.com shall create a warranty. You expressly agree that the use of the website is at your sole risk.

Under no circumstances shall ThePanicAlert.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a user on any information obtained at the website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ThePanicAlert.com records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of ThePanicAlert.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Usage by Children Under 18

We cannot prohibit minors from visiting the website. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the website and for the collection by us of certain information in accordance with the terms of our privacy policy. Each time you purchase a product from ThePanicAlert.com, you are representing to ThePanicAlert.com that you are either an individual 18 years of age or older, and for the collection by us of certain information in accordance with the terms of our privacy policy.

Applicable Law

By visiting the website, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ThePanicAlert.com or its affiliates and subsidiaries.

Disputes

Any dispute relating in any way to your visit to the website or to products you purchase through the Site shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate ThePanicAlert.com's intellectual property rights, ThePanicAlert.com may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Export 

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from ThePanicAlert.com to either a foreign national or a foreign destination in violation of such laws.

Site Policies, Modification and Severability

We reserve the right to make changes to the website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

These Terms constitute the entire agreement between you and ThePanicAlert.com with respect to this online service, and supersede all other communications, written or oral, with regard to the service