The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Copyright
- All content appearing on this Web site is the property of:
MyBuddyCheck
275 S Bryn Mawr Ave ste K38
PO Box 1068
Bryn Mawr, PA 19010
Copyright © 2009-2010 MyBuddyCheck. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009-2010 MyBuddyCheck. All rights reserved.
- Use Of Site
- Terms and conditions
That for the considerations and covenants hereinafter specified, the parties hereto, their heirs, successors and assigns do mutually covenant and agrees as follows:
1. MyBuddyCheck hereafter known as (the " Company ") agrees to furnish and preprogram to Subscriber the MyBuddyCheck Network (the "System") hereinafter defined, and to monitor same on the terms and conditions herein provided. The Company does not represent or warrant that the system is a replacement for 911 emergency services, or that the System will prevent personal injury, loss of life or property, or damage, or that the System will in all cases provide the protection for which 911 emergency services are intended. The company expressly disclaims any implied warranties, including the implied warranties or merchantability or fitness for a particular purpose, and the subscriber has not relied upon any representation or warranty. The subscriber acknowledges that any affirmation of fact or promise made by the Company or its agents, servants or employees shall not be deemed to create an express warranty unless included in the agreement in writing. The Company intends to provide information and connection to subscribers supplied contacts to the best of its ability.
2. The monthly monitoring charge will begin the date of activation by Subscriber. This contract will automatically renew itself unless either party gives written notice of its intent to cancel. The Subscriber understands there is a one month minimum for service and if the Subscriber cancels afterwards, the Subscriber is entitled to a full refund for any unused prepaid monitoring.
3. MEDICAL OR RELATED EXPENSES: In the event the Subscriber utilizes the Company as an Alternate Backup Contact, the Subscriber does hereby authorize the Company to seek to notify or obtain assistance. The Subscriber shall be obligated for and agrees to pay any costs and expenses incurred including, but not limited to, ambulance, physician or other medial assistance in obtaining assistance, or cost whatsoever incurred as a result of the Subscriber's use of the System.
4. OPTION TO UPDATE MEDICAL DATA INFORMATION: At the option of the Subscriber, the Subscriber can authorize the System to setup a Personal Health Record ("PHR") account on Microsoft HealthVault. This account allows users and the ("System") to record their own personal health information into a Microsoft HealthVault Personal Health Record (PHR) account. Please see the teams and conditions listed on the Microsoft HealthVault website (http:www.healthvault.com). The PHR provides you with useful information about opportunities for improving the quality of your medical care that you can share with authorized persons, including Subscribers medical doctor, family, or friends. The PHR will contain only the information about your health that you choose to enter. Keeping your information up-to-date makes the PHR a more valuable tool for you. The subscriber, by verbal or written approval, can authorize the Company to help create and setup this account for them. After the account creation and setup all control including user IDs, temporary passwords, and authorizations are transferred to the Subscriber or any agent they designate. At this time, the Company will relinquish any control over the account and the Subscriber will have full control over the ("PHR") HealthVault account. The Company and System will only be able to add medical information that the Subscriber records in the System. In the event Subscriber cancels or changes their Microsoft HealthVault PHR account, or removes authorization for the System to add their medical information, Subscriber agrees to immediately notify the Company and to retest the System, as hereinabove provided, without delay.
5. AUTHORIZATION TO COMPANY: The Subscriber agrees to supply the appropriate telephone service or any other equipment that may be deemed necessary by the Company. The Company shall not be responsible for any costs of part and/or labor associated with adapting the Subscriber's telephone systems for use with the System. If the Subscriber should change their phone number, the Company must be notified. The Company is not responsible for interruptions in service due to failure by any third party providers
6. INTERRUPTIONS IN SERVICE: The Company assumes no liability for interruption of services due to strikes, riots, floods, fires, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of the Company, and will not be required to supply service which said interruption may continue.
7. MISUSES AND ABUSE OF SERVICE: In the event the Subscriber violates any part of this agreement, misuses or abuses the System or causes an excessive number of false alarms, the Company may suspend all service and terminate this agreement upon giving thirty (30) days written notice to the Subscriber.
8. NO WARRANTY OR REPRESENTATION: THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE
COMPROMISED OR CIRCUMVENTED OR THAT THE SYSTEM WILL PREVENT PERSONAL INJURY, LOSS OF LIFE OR PROPERTY, OR DAMAGE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SUBSCRIBER HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY. THE SUBSCRIBER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE COMPANY OR ITS AGENTS, SERVANTS OR EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS INCLUDED IN THE AGREEMENT IN WRITING.
9. TESTING OF THE SYSTEM: The parties hereto agree that the telephone equipment is in the exclusive possession and control of the Subscriber and that it is the Subscriber's sole responsibility to test the operation of the telephone equipment. In the event Subscriber moves from the location where it is originally registered, or in case any utility such as the telephone company or power supplier make any repair or interrupts service, Subscriber agrees to immediately notify the Company and to retest the System, as hereinabove provided, without delay.
10. SELF-PROTECTION/SUBSCRIBER'S DUTIES: The Subscriber understands that the System is used to help the Subscriber protect his or her person. It does not assure such protection. Subscriber is encouraged to and agrees whenever practical to use all other safety and medical devices and techniques available to the Subscriber for such protection. Available devices and techniques are too numerous to list, but include (a) basic health precautions; and (b) adherence to physicians' directions and recommendations.
11. SYSTEM USE/SUBSCRIBER'S DUTIES: The Subscriber understands that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, businesses, homeowners associations, and/or other entities may affect the Subscriber's rights in relation to service of the system. The Subscriber agrees to obtain and maintain in current status all licenses or permits or other authorizations necessary for the use of the System. The Subscriber shall carefully use the System and instruct all members of his household and other potential users in the proper use of the System.
12. PHYSICAL RESPONSE: The Subscriber is advised that certain areas of the country have in existence requirements that when a monitoring service reports a medical alarm to a responding agency, that it must also report such alarm to an entity available twenty-four hours each day which is contractually obligated to respond to the emergency within one hour or within another designated time.
14. SUBSCRIBER AGREES AND UNDERSTANDS: THAT COMPANY IS NOT AN INSURER AND THAT INSURANCE COVERING PERSONAL INJURY,INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES SHALL BE OBTAINED
BY THE SUBSCRIBER; THAT COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR PURPOSE; THAT THE SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS BEING CHARGED BY COMPANY ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT COMPANY IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF
THE SERVICE, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR
DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SYSTEM OR ANY MAIN OFFICE; THAT SHOULD THERE ARISE ANY LIABILITY ON
THE PART OF THE COMPANY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, OR RESULTS FROM THE REMOTE PROGRAMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF THE SYSTEM OR CENTRAL
FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY AN/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION, ACTS,
ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR DISTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $19.95, AND THIS LIABILITY SHALL BE EXCLUSIVE.
15. Subscriber agrees to indemnify, defend and hold harmless Company from and against all claims, demands, liabilities, damages, losses, expenses, including attorneys fees and lawsuits which may be asserted against or incurred by Company by or due to any persona not a party to this Agreement, including Subscriber's insurance or bonding company, for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording of communications, operation or non-operation of the System or Main Office facilities, whether due to the sole, joint or several negligence (including gross negligence) of Company or its agents, servants, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
16. FULL AGREEMENT: This agreement constitutes the full understanding by and between the parties hereto, and may not be amended or modified, except in writing signed by both parties. This agreement shall not be binding upon the Company unless signed by an authorized officer.
17. ASSIGNMENT: It is specifically agreed that the Subscriber shall not be permitted to assign this agreement without the prior written consent of the Company, and any such assignment without such prior approval shall be deemed a breach of this agreement. The Company shall have the right to assign this agreement to any other company engages in the business similar to that of the Company and upon such assignment shall be relieved of any obligations created therein.
18. INVALID PROVISIONS: In the event that any of the terms or provisions of this agreement shall be invalid or inoperative, all of the other terms thereof shall remain in full force and effect.
19. RIGHT OF CANCELLATION: YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
20. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Pennsylvania
- Privacy Policy
- MyBuddyCheck secures your personal information from unauthorized access, use or disclosure. MyBuddyCheck secures the personal information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number or personal data) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
MyBuddyCheck does not sell, rent or lease your personal information to other third party companies.
- Shipping & Delivery
- Given the nature of some of the products sold (i.e. BCN daily, weekly, monthly subscriprions) delivery is presumed complete upon reading of the material following credit card transaction and or/ you complete the registration process.
Registration can be completed via the web at (http://www.MyBuddyCheck.com) or by calling our call center at (888.804.3622). There is a non-refundable "ONE TIME FEE" associated with any registration of the Buddy Check Network service and will be billed at the time of registration. This applies to any call subscription package. (i.e. daily, weekly, or monthly).
Once , MyBuddyCheck has received the registration information your Buddycheck call monitoring service will begin within 24 hrs, depending on the call scheduled frequency selected.
- Return Policy
- You may subscribe to any service from this Web site by using any one of the payment options listed in (link to Payment Options). MyBuddyCheck reserves the right to change its payment procedures at any time without prior notice to you.
You may cancel your service at any time. To cancel your service you may do any of the following:
1. Payments by PayPal: log into their site and cancel your subscription payment schedule.
2. Send a email notification that you wish to cancel to us at (support@mybuddycheck.com)
3.Call us at (888.604.3622)
Any outstanding fees refunded will be on a pro-rated basis as determined by MyBuddyCheck. We will credit you in the same manner as your original payment within 7 days of receiving the subscription termination notice.
For questions regarding our return policy please contact us at (support@mybuddycheck.com) , or call us at (888.604.3622)