RELEASE of LIABILITY, ASSUMPTION of RISK and INDEMNITY AGREEMENT
                

As a user or legal guardian of a user of Emergency Response Technologies, LLC, products and services, hereafter referred to as ERT™, by subscribing to Response Center Services, I acknowledge and agree:

 

1. I am empowered to enter into this agreement and do so encumbering the, officers, employees, agents, contractors, assigns, heirs and next of kin of any and all user(s) of ERT™ products and/or services;

2. “ERT™” includes the officers, employees, agents, contractors, assigns, heirs and next of kin of Emergency Response Technologies LLC;

3. The use of ERT™ products and services are at the sole risk and responsibility of the User; Should the User’s account remain in a “Past Due” status beyond 30 days, ERT™ shall reserve the right to terminate service without notice;

4. Service interruption as a result of fire, theft, civil disturbance, weather; the failure or interruption of commercial power; rechargeable power sources, telephony, wireless telephony, wireless data services, the internet, the Global Positioning System (GPS) or other cause not under the direct control of ERT™ may result in the termination or interruption of service without prior notice;

5. To indemnify, save and hold ERT™ harmless, from any intentional or unintentional loss, liability, damage, cost, bodily harm, illness, injury, or death as a result of the use, misuse or failure to use ERT™ products and/or services,

6. That fees charged for ERT™ products and services are not based on the value of any person, or property; (a) The exclusive liability of ERT™ for any loss sustained by the user(s) shall be limited to three (3) times the monthly service fee or $250.00 which ever is greater; (b) At the request of a user, ERT™ shall provide additional liability, specifically for the user, on a cost basis which shall be paid by the user; (c) Failure to pay or to continue to pay additional fees will relieve ERT™ of any and all additional liability; (d) Acceptance of additional liability shall not create a relationship as an insurer on the part of ERT™.

7. ERT™ is not an insurer; (a) Insurance, if any, is the responsibility of the user(s); (b) the user shall look exclusively to the user’s insurer to recover for injuries or damage in the event of any loss or injury and releases and waives all rights of recovery against ERT™ arising by way of subrogation.

8. To indemnify the ERT™ against the claim of any third party that may arise from the use or misuse of ERT™ products and/or services; (a)

9. That this Release of Liability, Assumption of Risk and Indemnity Agreement is and is intended to be broad in scope, as permitted; That jurisdiction for enforcement or interpretation of this agreement is and remains in the county and state of the principle offices of ERT™;

10. The terms and conditions of this agreement shall remain in force for the duration of the use of services and products provided to the User; Cancellation of service by the User shall not release the User from the provisions of this agreement; In the event any portion of this agreement is judged invalid by a court of competent jurisdiction, the remainder of this agreement shall, not withstanding, continue in full legal force and effect;

User is responsible to notify ERT™ of any change of physical or email address; Modifications of this agreement may be delivered to the User via USPS and/or email.

 

This agreement shall remain in full force for the duration of the services provided to the User. Should any court determine that any portion of this agreement be invalid, the remaining sections of the agreement shall remain in full force. From time-to-time, this agreement may be updated as posted on the company’s website which shall be the sole responsibility of the company’s notice to users of the company’s services.

 

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