This Agreement may be executed in counterparts and delivered by email or facsimile transmission, and shall be effective as of the Effective Date. The billing cycle begins on the Effective Date.  The undersigned represents he /she is duly authorized to execute this Agreement on behalf of such party.  The attached Terms and Conditions are incorporated into this Agreement by this reference, which, upon Customer’s registration and/or use and access of the corresponding account on www.Alert Lion.com, www.reliatrac.com, or such other designated site (collectively the “Sites”, and each a “Site”), shall be superseded by the Terms of Use set forth on such Sites to the extent of such conflict. Any provision(s) in this order form that conflicts with any provision of the attached Terms and Conditions are invalid to the extent of such conflict.

 

These Terms and Conditions (“Terms”) are entered into by the Customer (“Customer”) signing the Authorized Customer Agreement Order Form (“Order”) for the benefit of Alert Lion, LLC (“Alert Lion”) and providing the terms and conditions for the Customer’s purchase of the Products and Accessories listed in the Order (the “Products”), and the Service Plans (“Service Plans”) listed in the Order (collectively with the Products, the “Services”).  Customer and Alert Lion are each referred herein to as a “Party” and collectively as the “Parties”.  All capitalized terms not otherwise defined herein shall have the meaning set forth on the Order.  The Order and these Terms are collectively referred to as the “Agreement” and remain subject to the Online Agreements made by and between Customer and Alert Lion as contemplated under Section 13 below. Customer agrees and acknowledges the following:

 

 

    1. Payments. Customer agrees to purchase the Services in accordance with the prices and payment terms set forth in the Order, and as applicable all sales, use, property, service or other taxes in connection with Services.  Customer agrees to pay for the Services within ten (10) days of invoice by Dealer, or on agreed date by electronic transfer.  When purchasing Products under a Service Plan term commitment (“Service Plan Term Commitment”), Customer agrees to pay such monthly Service Plan fees for the entire Service Plan Term Commitment or be subject to an Early Termination Fee (defined below), unless otherwise terminated by Dealer or Alert Lion under Section 3(b)(ii).
    2. Wireless Service Fee. The Wireless Service Fee is included in your monthly amount.
    3. Voice Service Fee. The Voice Service Fee is included in your monthly amount. Any voice usage in excess of 30 minutes per month will be billed at the rate of $9.99 per 30 minutes- 30 minute minimum.
    4. Modifications in Fees.  Alert Lion may change any terms and conditions related to pricing, rates, fees, expenses, or charges regarding the Services provided to Customer at any time.  Alert Lion shall notify Customer of any material changes in  any terms and conditions related to pricing, rates, fees, expenses, or charges (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges).

 

 

 

  1. Termination by Customer.
      1. Cancellation within 30 Days.  Customer may cancel his/her Service Plan within thirty (30) days from the date of this Agreement, for a full refund of the price paid for the Service Plan.
      2. Service Plan Term Commitment.  The term of this Agreement shall be for the number of months of service agreed upon by the Customer in the Order. If Customer terminates his/her Service Plan prior to the end of the Service Plan Term Commitment, Alert Lion may automatically without prior notice apply an early termination fee (“Early Termination Fee”) in the sum of one hundred and eighty dollars ($180) immediately upon confirmation of early termination for the cost of equipment and accessories, and Customer agrees to pay the amounts due under the remainder of the Service Plan Term Commitment.  If this Agreement is terminated under this Section 3(B)(i), Customer may restart their former Service Plan once they have paid all remaining amounts due to Alert Lion under the former Service Plan Term Commitment.
  1. Termination by Alert Lion.

 

  1. Termination for Failure to Pay Fees.  Alert Lion reserves the right to terminate this Agreement if Customer fails to pay any required fees within ten (10) days of a Customer invoice.  In the event of a declined billing attempt for credit and debit cards or automatic monthly payments, Dealer will try to re-process the payment twice within a ten (10) day period following the date which payment was due. Alert Lion reserves the right to terminate the Service Plan at any time after said failed billing attempts, without prior notice to Customer.  If the Service Plan is terminated under this Section 3(b)(i), Customer is required to pay all remaining amounts due to Alert Lion, including (as applicable) the remaining monthly fees for the length of the Service Plan Term Commitment and Alert Lion has the right to charge Customer by any other means available.  In the event that a Customer payment by check is returned due to insufficient funds, Alert Lion has the right to charge Customer by any other means available, charge an insufficient funds fee up to the maximum allowable by law and/or immediately terminate this Agreement. If Customer’s Service Plan is terminated by Alert Lion for a failed billing attempt, and Customer later chooses to re-start their Service Plan, Alert Lion may charge Customer a one-time, re-start fee of $50, in addition to the then current monthly service fee to re-start the Service Plan, and may require said Customer choosing to re-start their Service Plan to prepay up to twelve (12) months of Customer’s month to month Service Plan at the time of re-start.
  2. Termination by Alert Lion. Alert Lion may terminate this Agreement at its sole discretion, at any time, for any reason or no reason, without prior notice to Customer.  Should Alert Lion terminate this Agreement under this Section 3(b)(ii), Customer shall not be charged an Early Termination Fee and Alert Lion shall refund Customer any prepaid monthly payments and/or a pro rata portion of the monthly fees paid by Customer, calculated from the date of termination. In the event Alert Lion terminates this Agreement pursuant to this Section 3(b)(ii), Customer shall not be entitled to a refund of the purchase price of any Products.

 

 

 

LIMITED WARRANTY AND SAFETY INSTRUCTIONS

(Exhibit A)

 

ONE –YEAR LIMITED WARRANTY

 

BY USING THE MOBILEDEFENDER DEVICE, YOU ARE AGREEING TO THE TERMS OF THE ALERT LION, LLC ONE (1) YEAR LIMITED WARRANTY DESCRIBED BELOW. BEFORE USING THE DEVICE, READ THE TERMS OF THE WARRANTY CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OF THE WARRANTY, RETURN THE DEVICE TO ALERT LION.

 

WHAT DOES THIS WARRANTY COVER?

Alert Lion, LLC, located at 550 W. Baseline Rd. Ste. 102-274 Mesa, AZ 85210 (“Alert Lion or the Manufacturer”), warrants the MobileDefender (“Device”) and its accompanying accessories contained in the original packaging against defects in materials and workmanship when used normally in accordance with the Alert Lion user manual for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser (“You”).

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALERT LION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED.

 

PLEASE CAREFULLY READ THE MOBILEDEFENDER USER GUIDE AND/OR ANY OTHER INSTRUCTION MANUALS ACCOMPANYING THE DEVICE AND ANY ACCESSORIES PURCHASED.  FOLLOW THE INSTRUCTIONS IN SUCH MANUALS CAREFULLY AS MISUSE OF THE PRODUCT OR FAILURE TO FOLLOW THE INSTRUCTIONS MAY RESULT IN VOIDING THIS WARRANTY AND/OR RENDER THE DEVICE INOPERABLE.

State Law:  Some states do not allow limitation on the length of time an implied warranty lasts, so the limitations described above may not apply to you.

 

WHAT THIS WARRANTY DOES NOT COVER?

The warranty and obligations stated here will not apply to:

  1.  Devices that have been (i) damaged due to abuse, accident, or neglect beyond the control of the manufacturer; (ii) misused or improperly maintained by the owner, contrary to the instructions provided by the manufacturer; (iii) altered, tampered with or repaired by you or a third party, without the manufacturer’s permission; or (iv) damaged cosmetically (e.g. scratches, dents, or broken   component parts);
  2.  Applicable software available for download on the Alert Lion website;
  3. Consumable parts such as batteries, unless product damage has been caused by defects in workmanship or manufacturing, or battery failure; OR
  4.  Devices from which the serial number has been altered or removed.

 

ALERT LION RESERVES THE RIGHT TO REFUSE WARRANTY CLAIMS AGAINST ITS DEVICE THAT ARE OBTAINED AND/OR USED IN CONTRAVENTION OF THE LAWS OF ANY COUNTRY.  No agent, representative, dealer or employee of Alert Lion has the authority to increase or alter the terms of this warranty.

 

WHAT IS THE PERIOD OF COVERAGE?

The warranty obligations set forth herein are limited to ONE (1) YEAR the date of purchase.

 

WHO IS COVERED?

This warranty is non-transferable and any obligations under this warranty are limited to the product and its accompanying accessories and are owed only to the original end-use purchaser.

 

WHAT HAPPENS IF THERE IS A BREACH OF WARRANTY?

Service is the only available remedy under the terms of the warranty. Service is limited to either repair or replacement of the MobileDefender device or the accompanying charging station. All warranty service must be first handled through your service provider. If, for some reason, the service provider cannot perform warranty service, you can return the product pre-paid to Alert Lion, LLC, located at 550 W. Baseline Rd. Ste. 102-274 Mesa, AZ 85210 The decision to repair or replace the device shall be the sole discretion of the party performing the warranty service.

 

Alert Lion disclaims any representations or warranties that it will be able to repair any MobileDefender device without the risk to or loss of information stored in the MobileDefender device.

 

WHAT CAN I DO IF THE WARRANTY PERIOD HAS EXPIRED?

If the warranty period has expired, you must first attempt to obtain warranty service from your dealer or service provider. If you attempt to obtain warranty service from Alert Lion, Alert Lion can, in its sole discretion: (i) refuse to perform warranty service; (ii) replace the product and/or its accessories with refurbished products or accessories; or (iii) repair the original product and/or its accompanying accessories. If Alert Lion elects to repair or replace the device and/or its accessories after the warranty has expired, you must pay any applicable repair/replacement charges.

 

DISCLAIMER OF LIABILITY

Testing and Service of Device: Upon purchase, the device is in your exclusive possession and subject only to your control. It is your sole responsibility to test the operation of the equipment. If the device becomes damaged it is your responsibility to seek repair of the device, and if under warranty, it is your duty to request warranty service.

 

Communication and Response Limitations: You acknowledge that calls and alerts pass through modes of communication beyond the control of Alert Lion. Therefore, Alert Lion shall not be responsible for any equipment or communication failure that fails to properly transmit signals or alerts to the Alert Lion network or anyone on your desired contact list, including 911 operators.

 

 

WARNINGS AND SAFETY INSTRUCTIONS

 

WARNINGS

 

READ THESE WARNINGS CAREFULLY AND KEEP FOR FUTURE USE.

 

    1. No Reliance — Do not rely solely on the MobileDefender for your ability to contact emergency personnel.  The MobileDefender is not a substitute for a standard cell phone or landline telephone and is not intended to be a standalone device to prevent injury to you.  In the event of an emergency dial 911 and follow the instructions of emergency personnel.
    2. Proper Operation — To ensure proper function of your device you must ensure that the device has sufficient battery charge to operate.  Please charge your device regularly and reference the MobileDefender User Guide to learn about the warning and indicator lights that may warn you of a malfunction or other issue that may render your device inoperable.
    3. Battery Damage — Do not attempt to replace the MobileDefender battery yourself as you may damage the battery, cause overheating, or injury.
    4. Cell Phone Coverage — Use of the MobileDefender depends on adequate cell phone and GPS (locational services) coverage. Traveling to and from areas with inadequate cell phone coverage may prevent the MobileDefender from relaying accurate locations or alerts to the network, or making calls to desired contacts. Alert Lion makes no representations as to the availability of sufficient coverage within your home or areas of personal use.
    5. Conversation Range — To ensure that emergency contacts, 911 operators, and operators of the Alert Lion network can clearly understand and assess your needs, keep the MobileDefender product within FIVE (5) FEET of you at all times.
    6. Lanyards — Use of the lanyard in areas with protruding objects may pose an increased risk of strangulation. Use caution not to wrap such lanyard around your neck tightly and please be aware that a lanyard may catch on objects.
    7. Radio Frequency Exposure — The MobileDefender product has been tested and meets applicable limits for radio frequency (RF) exposure. To further reduce exposure, use a hands-free option such as the built-in speakerphone. This product does not interfere with pacemakers.
    8. Temperature — The MobileDefender product contains sensitive electrical components that may become inoperable when exposed to extreme hot or cold temperatures for prolonged periods of time.
    9. Water Damage — The MobileDefender is not water proof or water resistant and contact with water may damage the product and render it inoperable.  The product contains sensitive electronic components that may cause electric shock if placed in contact with water. Do not use or place the MobileDefender in or around water, including placing near a sink, pool or shower or while bathing or engaging in water-related activities.

 

 

  1. Manual Operation — You are solely responsible for inputting correct phone numbers into your device, including any applicable country or area codes, or other indicator codes (e.g. “1” or “9” to dial out).
  2. Software Updates — The functionality of the product depends on the use of Alert Lion software, which may, on occasion update.  Do not solely rely on Alert Lion to inform you of when software updates are required.  The product must be powered “on” to receive software updates.
  3. Location Data — To ensure that accurate location data is relayed to the Alert Lion network, please leave the product powered “on” at all times.

 

 

IMPORTANT SAFETY INSTRUCTIONS

 

READ THESE SAFETY INSTRUCTIONS CAREFULLY AND KEEP THEM FOR FUTURE USE.

 

  1. Alternate Power Source — Do not use any power source other than the charging station originally supplied with the product. Use of an alternate power source could damage the product or make it unsafe.
  2. Cleaning the Charging Station — Do not attempt to clean the charging station while it is plugged into an outlet. Do not attempt to clean the charging station with any liquid. Use only a damp, soft cloth.
  3. Damage — If the product or the charging station fail to operate as indicated by the user guide or any instructions contained within the original packaging, do not attempt to repair the product by yourself. Send the damaged product to either the dealer or service provider or Alert Lion.
  4. Electrical Shock — Do not place the product or charging station near a source of water (e.g. a bathroom or kitchen sink).
  5. Opening the Unit — If the product and/or the charging station become damaged, do not attempt to open the unit, under any circumstances. Doing so may void your warranty.
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