mySHIELD Subscriber Agreement
This mySHIELD Subscriber Agreement (the
"Agreement") sets out the terms and conditions pursuant to which LiveViewGPS
Inc., a California corporation ("LiveViewGPS"), will make the mySHIELD Service (as defined herein) available to you, the
customer ("Customer").
BY USING THE SERVICE, CUSTOMER AGREES TO THE FOLLOWING TERMS AND
CONDITIONS AND AGREES TO BE BOUND HEREBY:
1. mySHIELD
Service.
(a) During the term of this Agreement (as set forth in Section 24
hereof) and in accordance with the terms hereof, LiveViewGPS will provide
Customer access to and use of the mySHIELD services,
and LiveViewGPS shall provide and Customer shall be
entitled to receive related services that are provided for herein (such mySHIELD services are collectively referred to as the
"Service" or the "mySHIELD Service").
(b) The mySHIELD Service consists of a
hosted web enabled application and related services provided for the purpose of
(i) Tracking and Monitoring Customer; (ii) providing emergency response
services for Customer; and (iii) administering the account of the Customer to
ensure proper notification and response in the event of an emergency situation.
("Track(ed/ing)" or
"Monitor(ed/ing)" shall mean to acquire data from a
Customer's personal emergency response device (a "PERS Device") and to view or
monitor the location of such PERS Device.)
Customer is responsible for obtaining and maintaining all computer
hardware, software and communications equipment needed to access the mySHIELD Service, and for paying all access charges (e.g.,
ISP, telecommunications) incurred while using the mySHIELD
Service.
(c) Upon your acceptance of this Agreement, LiveViewGPS will
provide Customer with login access to the mySHIELD
Service for the term of the Agreement.
(d) At the commencement of the Agreement, Customer must purchase a
PERS Device to provide emergency response services or otherwise track the
location of the Customer. Proper operation of the PERS Device is dependent on a
sufficiently charged battery, and it is Customer's responsibility for ensuring
the PERS Device is charged on a regular basis to support emergency response
services.
(e) Customer authorizes Omnilink Systems, Inc. ("Omnilink") and
its subcontractors, including without limitation LiveViewGPS, to Track and
Monitor Customer for the purpose of providing personal emergency response
services.
(f) Location
data will be used solely to provide Customer and any person authorized
by Customer (a "User") with
position information when a request is made by the Customer or User. Customer
data will be used only by LiveViewGPS to provide the Customer or User with
location information. LiveViewGPS will not share or sell Customer location data
to any third party except as permitted by Section 14.
Location coordinate data is transmitted via SSL technology into password
protected servers. Location information is retained on our system for up to 1
year before being deleted.
(g) Monitoring and emergency response services shall be provided
by one or more third parties licensed to provide and dispatch emergency
response services ("ERS
Providers" and "Monitoring Operations Center", respectively) (jointly
or individually "Third Party Services"). LiveViewGPS
makes no warranties with respect to the Third Party Services, and Customer
hereby waives, and agrees to waive, all claims against LiveViewGPS related to,
or the result of, the Third Party Services. Additional terms and conditions
governing Third Party Services are set forth in Exhibit A and are hereby
incorporated into this Agreement.
2. License. Subject to the provisions of this
Agreement, LiveViewGPS hereby grants to Customer a personal, non‑exclusive,
non‑sublicensable, non-transferable, revocable
license (the "License") to use the mySHIELD Service
only in accordance with the terms of this Agreement and the applicable end user
documentation related thereto ("Documentation"), if any, during the term of
this Agreement. The License allows for Customer and any Users to access
remotely and use (only through remote access) the mySHIELD
website currently located at myshield.liveviewgps.com and (the "mySHIELD Site") for Customer's business/personal use only
and otherwise in accordance with this Agreement.
3. Restrictions. Customer will not, and will not allow
its Users, or agents to, directly or indirectly:
(a) reverse assemble, reverse engineer, decompile or otherwise
attempt to derive source code or underlying ideas or algorithms from the mySHIELD Site or any software or any component thereof;
(b) copy, reproduce, modify, translate or create derivative works
of, the mySHIELD Service, or any software or
component thereof other than as expressly agreed to in this Agreement;
(c) sell, lease, sublicense, market, distribute, assign or
otherwise transfer rights to or commercially exploit in any way the mySHIELD Service, or any software or any component thereof
other than as expressly agreed to in this Agreement;
(d) use, or permit the use of, the mySHIELD
Service or any component thereof to perform information processing or any other
function whatsoever for any other person, entity or business including
providing information processing for a third party in any service bureau, time
sharing, lease, distribution, resale, rental, service provider agreement or any
other arrangement;
(e) remove any proprietary, copyright, patent, trade mark, design
right, trade secret, or any other proprietary rights legends from the mySHIELD Materials (as defined herein);
(f) disclose or grant access to any User
Access Code (as defined herein), the mySHIELD Service
or any component thereof to any third party other than Customer or User;
(g) make more than one copy of the
Documentation per User;
(h) willfully tamper with the security of
mySHIELD Site or PERS Device;
(i) intentionally access data through the
mySHIELD Site that is not intended for Customer;
(j) log into an unauthorized account on
the mySHIELD Site;
(k) allow an individual other than
Customer to use the PERS Device;
(l) Track or Monitor any Individual other than Customer (an
"Individual" is an individual using, possessing, or carrying a PERS Device
assigned to Customer); or
(m) use the mySHIELD Service (i) for any unlawful, unsafe, malicious or abusive purpose,
(ii) for interfering with others' use of the Service, (iii) in such a way as to
defraud LiveViewGPS or any third party, or (iv) to create damage or risk to LiveViewGPS's business, network or facilities or to third
parties.
It is the responsibility of the Customer to ascertain and comply
with all applicable Local, State, and Federal laws in regard to the possession
and use of any items purchased, used or activated from LiveViewGPS. Please
consult with an attorney regarding such laws if you have any questions.
Customer acknowledges that he or she is of legal age and agrees to use the
product only in a lawful manner.
4. User Account, Password and Security. To open an
account for usage of the mySHIELD Service, Customer
must complete the registration process by providing LiveViewGPS with current,
complete and accurate information as requested by LiveViewGPS. Customer is
responsible for ensuring all of its information is complete and accurate.
Customer understands that incomplete or inaccurate data may result in a failure
to notify appropriate personnel and to promptly respond in an emergency, and is
grounds for suspension or termination of the mySHIELD
Service. LiveViewGPS will assign an account name to Customer and Customer will
choose a password. Customer is entirely responsible for maintaining
confidentiality with regard to its password and account information.
Furthermore, Customer is entirely responsible for any and all activities that
occur under its account. LiveViewGPS is not liable for any third party claims
and/or actions taken with respect to services offered, all of which liability
shall be solely borne by Customer.
5. Access to mySHIELD Service.
Customer shall access the mySHIELD Service by means
of the browser that is recommended by LiveViewGPS and using equipment obtained
by Customer as further described in Section 13 hereof. Customer shall access
the mySHIELD Service through the mySHIELD
Site and by entering Customer's account name and password (the "User Access
Code"). Customer will be solely responsible for any use of any User Access
Code. For greater certainty, LiveViewGPS will not be responsible for the use or
misuse of any User Access Code.
6. Fees. In consideration for providing the Service
and the License, Customer shall pay to LiveViewGPS a one-time activation fee
for each PERS Device and ongoing service fees, all as set out in Customer's
application for Service documentation (collectively, the "Fees"), without any
set-off or deductions of any kind, as such Fees may be amended from time to
time in accordance with the terms hereof. LiveViewGPS shall have the right to
increase the Fees at any time during the Term of this Agreement in accordance
with the terms of Section 30(f) hereof. The increase in the Fees shall be
effective on the date stipulated in such notice. Customer is responsible for
paying any governmental taxes imposed on Customer's purchases and use of the
Service, including sales, use or value-added taxes. All sales of mySHIELD Service are final. All charges from those sales
are nonrefundable. Service Fees entitle Customer access to account web portal,
self-locate PERS Device on demand, configure device features, as well as
24/7/365 access to the Monitoring Operations Center.
7. Method of Payment. All payments must be made
by VISA, MasterCard, Discover, or AMEX, AUTO ACH DEBIT (any of
which may be removed by LiveViewGPS at any time in its sole discretion). Unless
expressly agreed in writing by LiveViewGPS, LiveViewGPS does not accept any
other payment form. By submitting Customer's application for Service
documentation to LiveViewGPS, Customer authorizes LiveViewGPS to charge
Customer's card as may be required for Customer to pay LiveViewGPS any and all
amounts that may be due from Customer under this Agreement. Customer's card
issuer agreement governs Customer's use of Customer's designated card, and
Customer should refer to that agreement to determine Customer's rights and
liabilities as a cardholder. CUSTOMER, AND NOT LIVEVIEWGPS, IS RESPONSIBLE FOR
PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO CUSTOMER'S CARD BY A THIRD PARTY.
Customer agrees to pay all Fees and charges incurred in connection with
Customer's purchases and use of the Services (including any applicable taxes)
at the rates in effect when the charges were incurred. Unless Customer notifies
LiveViewGPS of any discrepancies within thirty (30) days after they first
appear on Customer's credit card statement, Customer agrees that such charges
shall be deemed accepted by Customer for all purposes. If LiveViewGPS does not
receive payment from Customer's credit card issuer or its agent, Customer
agrees to pay all amounts due upon demand by LiveViewGPS.
7.5 Cancellation Of Service.
Customer can cancel service by visiting http://www.liveviewgps.com.com/Cancel.html or
by calling 661.294.6805. Cancellation requests must be received by the 25th day
of the current month requested. Service cancellation requests received later than
the 25th day, shall be charged for service for the following
month and cancelled at the end of that month.
8. Late Payment. If amounts are not paid when due or
if LiveViewGPS does not receive payment from Customer's applicable credit card
company, such amounts will be subject to a late payment charge at the rate of
one and one‑half percent (1.5%) per month or the highest charge allowable
by law (whichever is less), payable monthly, on the amounts outstanding from
the time such amounts become due until payment in full is received by
LiveViewGPS. Any amount received by LiveViewGPS while late payment charges are
outstanding will be applied first to late payment charges. NSF payments will be
subject to a $25.00 handling fee for each defaulted payment.
9. Taxes. Prices set out herein are exclusive of all
taxes and Customer shall pay (and LiveViewGPS shall have no liability for), any
taxes, tariffs, duties and other charges or assessments imposed or levied by
any government or governmental agency in connection with this Agreement,
including any federal, provincial, state and local sales, use, goods and
services, value-added and personal property taxes on any payments due
LiveViewGPS in connection with the Service provided hereunder, except for tax
based solely on the net income of LiveViewGPS.
10. Remedies in the Event of Failure to Pay. If
Customer defaults in payment of any amount when due or any interest thereon,
then LiveViewGPS may, in addition to any other rights or remedies at law or
under this Agreement, and in its sole discretion, (i) suspend or deny
Customer's access to or use of the Service or the performance of any of its
obligations under this Agreement until such failure is remedied, subject to
such conditions as LiveViewGPS may require; and/or (ii) terminate this
Agreement. Furthermore, delinquent accounts with outstanding balances due past
30 days, will be submitted to collections for processing.
11. Ownership of Intellectual Property. Customer
acknowledges and agrees that LiveViewGPS shall retain and own all right, title
and interest and all intellectual property rights (including copyrights, trade
secrets, trademarks and patent rights) in and to the mySHIELD
software, Documentation and the mySHIELD Site
(collectively, the "mySHIELD Materials") and all
copies thereof, and that nothing herein transfers or conveys to Customer any
ownership right, title or interest in or to the mySHIELD
Materials or to any copy thereof or any license right with respect to same not
expressly granted herein. Customer agrees that it will not, either during or
after the termination of this Agreement, contest or challenge the ownership of
the intellectual property rights in the mySHIELD
Materials.
12. Ownership of Customer Data. LiveViewGPS
acknowledges that all Customer data, including data transmitted by Customer to
LiveViewGPS for processing using the mySHIELD Service
("Customer Data") and Customer systems used by Customer to access the mySHIELD Service shall be and remain the property of
Customer. LiveViewGPS shall have the right to use and reproduce Customer Data
solely to the extent necessary to provide the Service and fulfill its
obligations to Customer hereunder.
13. Access to mySHIELD Service.
Customer is responsible for obtaining all hardware, software and services which
are necessary to connect to the mySHIELD Site and
access the Service including all computers, web browsers, and services provided
by an Internet service provider. All such facilities and services shall comply
with LiveViewGPS's specifications for the Service
described in the Documentation or as otherwise required by LiveViewGPS.
14. Member Privacy. It is LiveViewGPS's
policy to respect Customer's privacy. LIVEViewGPS
will never rent, lease, sell or give away any Customer information to third
parties for marketing purposes. LiveViewGPS will not disclose any personal
information about Customer or Customer's LiveViewGPS account, including its
contents, without Customer's prior permission unless LiveViewGPS has a good
faith belief that such action is reasonably necessary to: (a) conform to legal
requirements or comply with legal process; (b) protect and defend the rights or
property of LiveViewGPS; (c) enforce this Agreement or protect LiveViewGPS's business or reputation, including upon
termination, cancellation or suspension of this Agreement by LiveViewGPS; (d)
respond to any request for identification in connection with claim of copyright
or trademark infringement by Customer; (e) prevent imminent physical injury or
harm to any person or prevent any suspected infringing, illegal or improper
activity; in either of which event, such information shall be disclosed to any
law enforcement agency making such request in regards to criminal activity; or
(f) act to protect the interests of Customer or others. Customer agrees that LiveViewGPS, Omnilink and their
respective agents may access Customer's account, including its contents, as
stated above or to respond to service or technical issues.
CUSTOMER HEREBY GRANTS LIVEVIEWGPS THE RIGHT TO SEND CUSTOMER
COMMUNICATIONS VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER
INFORMATION RELATING TO THE SERVICE THAT LIVEVIEWGPS DEEMS IMPORTANT FOR
CUSTOMER TO KNOW.
15. Customer Security Responsibilities. To the extent
deemed necessary by Customer, Customer shall implement security procedures
necessary to limit access to the Service to Customer and any of Customer's
authorized Users. Customer shall notify LiveViewGPS immediately if there is a
security breach or unauthorized use of the Service. Customer shall permit
LiveViewGPS to review/audit Customer's use of the mySHIELD
Site and the mySHIELD Service.
16. Customer Data. LiveViewGPS will not be responsible
or liable for any loss or damage to Customer's Data or any inconvenience
suffered by Customer or by any third person arising out of the use of the
Service by Customer.
17. RMA Procedure.
All requests for repairs of PERS Devices purchased by Customer are subject to LiveViewGPS's then current service and repair center
procedures. All PERS Device warranty returns require return authorization ("RMA")
issued by LiveViewGPS prior to acceptance at LiveViewGPS's
service center. LiveViewGPS will pay for shipping costs for all defective devices,
provided that Customer has obtained an RMA prior to returning the defective device.
LiveViewGPS is not responsible for shipping costs for any PERS Devices returned
without an RMA or that are not defective devices. LiveViewGPS warrants that,
for a period of twelve (12) months from the date of shipment (the "Warranty
Period"), the PERS Device will materially conform to Omnilink's
specifications in effect as of the date of manufacture and will be free from
defects in material and workmanship arising under normal use. The foregoing
does not apply if the defect or nonconformance is due to abuse, misuse, failure
to follow proper charging protocols, accident, neglect, unauthorized repair, or
causes other than ordinary use after delivery. With respect to any PERS Device
covered under this warranty, Customer shall, within 20 days from the date
Customer first discovers the non-conformity or defect, provide LiveViewGPS
written notice and return the PERS Device. Subject to confirmation of the
non-conformance or defect, LiveViewGPS, in its sole discretion, shall either
(i) repair or replace the PERS Device (or the defective part) or (ii) credit or
refund the price of the PERS Device. The remedies set forth in this Section 17
shall be Customer's sole and exclusive remedy and LiveViewGPS's
entire liability for any breach of this limited warranty.
18. Export. Customer agrees that it shall not export
or re-export the PERS Device or any LiveViewGPS software or any copies thereof,
either directly or indirectly, outside of the jurisdiction in which Customer
accesses such materials, except in compliance with all applicable laws,
ordinances and regulations. Customer shall have the exclusive obligation to
ensure that any such export is in compliance with all applicable export laws
and the laws of any foreign country.
19. Provision of Releases. At its sole option,
LiveViewGPS shall be entitled to prepare new versions of any LiveViewGPS
software that LiveViewGPS generally makes available to Customers ("Update
Releases"). LiveViewGPS exclusively shall determine whether Update Releases
shall be included in any LiveViewGPS software provided pursuant to the Service.
At any time, LiveViewGPS may install any Update Releases and use same to
provide the Service.
20. Right to Modify the mySHIELD Service. LiveViewGPS may from time to time, in
its sole discretion, change some or all of the functionality or any component
of the mySHIELD Service or make any modification for
the purpose of improving the performance, service quality, error correction or
to maintain the competitiveness of the Service.
21. AS IS, WITH ALL FAULTS. LiveViewGPS
provides the mySHIELD Site and Service to Customer on
an "AS IS" and "WITH ALL FAULTS" basis.
22. Warranty Disclaimer.
(a) LIVEVIEWGPS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING
REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, PERFORMANCE,
MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USE OF TRADE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE
LICENSORS AND SUPPLIERS OF LIVEVIEWGPS MAKE NO WARRANTY OF ANY KIND TO CUSTOMER
UNDER THIS AGREEMENT.
(b) LIVEVIEWGPS DOES NOT REPRESENT OR WARRANT THAT: (i) THE
SERVICE WILL MEET CUSTOMER'S REQUIREMENTS; (ii) THE SERVICE WILL BE ERROR-FREE
OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE
OR RELIABLE; OR (iii) ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR
CORRECTED. FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE
PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. LIVEVIEWGPS WILL NOT BE
RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF
CUSTOMER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS OR
EQUIPMENT; (c) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER
SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE
THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE
INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR
INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED
BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON
THE INTERNET.
23. Limitation of Liability.
(a) FOR ANY BREACH OR DEFAULT BY LIVEVIEWGPS OF ANY OF THE
PROVISIONS OF THIS AGREEMENT, OR WITH RESPECT TO ANY CLAIM ARISING HEREFROM OR
RELATED HERETO, LIVEVIEWGPS'S ENTIRE LIABILITY SHALL IN NO EVENT EXCEED THE
LESSER OF THE FOLLOWING: (i) THE FEES PAID TO LIVEVIEWGPS BY CUSTOMER PURSUANT
TO THIS AGREEMENT IN THE CALENDAR MONTH IMMEDIATELY PRECEDING THE CLAIM, OR
(ii) IN THE AGGREGATE WITH RESPECT TO ALL CLAIMS MADE UNDER OR RELATED TO THIS
AGREEMENT, THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.
(b) IN NO EVENT WILL LIVEVIEWGPS BE LIABLE FOR DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE,
LOSS OF PROFITS, LOSS OF DATA, LOSS OF COVER, DAMAGES FOR DELAY, PUNITIVE OR
EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM
AGAINST CUSTOMER BY ANY OTHER PERSON, EVEN IF LIVEVIEWGPS HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
(c) LIVEVIEWGPS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR
ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES,
INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
(d) LIVEVIEWGPS SHALL BE LIABLE TO CUSTOMER ONLY AS EXPRESSLY
PROVIDED IN THIS AGREEMENT BUT SHALL HAVE NO OTHER OBLIGATION, DUTY, OR
LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE TO
CUSTOMER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL
APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY
CUSTOMER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL
THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE
ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME
STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION
OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE ADDITIONAL RIGHTS NOT STATED IN THIS DOCUMENT.
(e) Neither party shall be responsible or liable for any loss,
damage or inconvenience suffered by the other or by any third person, to the
extent that such loss, damage or inconvenience is caused by the failure of the
other party to comply with its obligations under this Agreement.
(f) Neither party may bring an action, regardless of form, arising
out of or related to this Agreement (other than to recover fees or expenses due
to LiveViewGPS) more than one year after the cause of action has arisen or the
date of discovery of such cause, whichever is later.
(g) Customer agrees to indemnify and hold LiveViewGPS, its
affiliates, employees, officers, directors and shareholders harmless from and
against any claims, suits, actions or proceedings ("Claims") brought and
damages, costs (including attorneys' fees) or judgments awarded against themthat arise from or in connection with: (i) Claims by
any person or entity to the extent that such Claims are based upon or arise out
of Customer's use of the Service or Customer's actions; (ii) breach by Customer
of this Agreement; or (iii) Customer's failure to comply with all applicable
laws. LiveViewGPS shall give Customer prompt written notice of such Claims,
permit Customer to defend (with counsel reasonably acceptable to LiveViewGPS)
and/or settle such Claims (upon terms reasonably acceptable to LiveViewGPS),
and give Customer all information and assistance reasonably requested by
Customer in connection with such Claims.
24. Term. The term of this Agreement is calendar month
to calendar month, together with any partial calendar month resulting from the
commencement of the Agreement after the first day of the initial calendar
month. The term shall be automatically extended on the first day of each
succeeding calendar month, unless terminated by Customer or LiveViewGPS in
accordance with the terms of this Agreement.
25. Termination.
(a) This Agreement may be terminated or Service suspended by LiveViewGPS (i) if Customer fails
to make any payment when due or any interest thereon to LiveViewGPS, or (ii)
immediately, without notice or liability to LiveViewGPS, in the event of a
breach by Customer of any of Customer's obligations under this Agreement.
(b) by either party providing the other
party by the 25th day of the current month service termination
is requested. The effective date of any such termination shall be the last
business day of a calendar month. For the purpose of clarity, this means that
any notice of termination provided after the 25th day of a
calendar month shall be effective on the last business of the next succeeding
calendar month.
(c) by either party in the event the other party materially
breaches any of its duties, obligations or responsibilities under this
Agreement (other than breaches covered in Section 25(a) hereof), and fails to cure
such breach within thirty (30) days after receipt by the breaching party of
written notice specifying the breach; or
(d) by either party in the event: (i) a receiver, trustee,
administrator, or administrative receiver is appointed for the other party or
its property; (ii) the other party makes an assignment for the benefit of
creditors; (iii) any proceedings should be commenced against the other party
under any bankruptcy, insolvency, or debtor's relief law, and such proceedings
shall not be vacated or set aside within thirty (30) days from the date of
commencement thereof; or (iv) the other party is liquidated or dissolved.
26. Effect of Termination. Except to the extent agreed
to in writing by the parties, upon the termination of this Agreement:
(a) LiveViewGPS shall be entitled to immediately cease providing
the Service, after which point it shall not access any location information of
Customer;
(b) LiveViewGPS shall be entitled to immediately terminate
Customer's access to the mySHIELD Site;
(c) Customer shall forthwith pay to LiveViewGPS all amounts owing
under this Agreement as of the effective date of termination;
(d) if this Agreement is terminated by LiveViewGPS under Section
25(a), 25(c) or 25(d), all amounts that would have become due under this
Agreement shall automatically accelerate and become immediately due and payable
by Customer to LiveViewGPS;
(e) LiveViewGPS shall have no obligation to refund any amounts to
Customer;
(f) Customer shall, and shall cause its Users to, immediately and
permanently cease to use, in any manner whatsoever, the mySHIELD
Service, the User Access Codes and the Documentation; and
(g) the License granted under Section 2
will automatically terminate.
27. Survival. The parties hereto agree that the
provisions hereof requiring performance or fulfillment after the expiration or
earlier termination of this Agreement shall survive such expiration or earlier
termination. The provisions of this Agreement that by their nature are intended
to survive the expiration or earlier termination, including those provisions
relating to ownership, confidential information, warranty disclaimer, and
limits of liability shall survive the expiration or earlier termination of this
Agreement.
28. Not Insurers; Limitations and Indemnification.
Customer acknowledges and agrees that the mySHIELD
Service uses industry standard cellular wireless communications services to
communicate with PERS Devices. Therefore, tracking devices must be within
cellular coverage to communicate. Customer further acknowledges and agrees that
LiveViewGPS is not the underlying wireless carrier and that LiveViewGPS may
contract with third parties from time to time in connection with the provision
of the Service. Accordingly, Customer acknowledges and agrees:
(a) LIVEVIEWGPS AND THE THIRD-PARTY PROVIDERS ARE NOT INSURERS AND
THE AMOUNTS PAID TO LIVEVIEWGPS HEREUNDER ARE FOR THE SERVICE PROVIDED BY
LIVEVIEWGPS AND NOT FOR THE VALUE OF ANY PROPERTY, LOSS OR INJURY. IN THE EVENT
OF ANY LOSS OR INJURY (INCLUDING DEATH) TO ANY PERSON OR PROPERTY BEING
MONITORED BY THE SERVICE, CUSTOMER AGREES TO EXCLUSIVELY LOOK TO ITS INSURER TO
RECOVER DAMAGES, AND CUSTOMER WAIVES ALL RIGHTS OF SUBROGATION OR ANY OTHER
RIGHT OF RECOVERY AGAINST LIVEVIEWGPS AND THE THIRD-PARTY PROVIDERS THAT ANY
INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR LOSS OR
INJURY TO ANY OTHER PERSON. IN ADDITION, CUSTOMER AGREES THAT CUSTOMER SHALL
NOT BRING ANY CLAIM OR ACTION AGAINST ANY THIRD-PARTY PROVIDER ARISING FROM
CUSTOMER'S USE OF THE SERVICE. FOR PURPOSES OF THIS AGREEMENT, "THIRD-PARTY
PROVIDER" MEANS ANY PERSON OR COMPANY THAT SUPPORTS OR MAINTAINS THE SERVICE,
AND INCLUDES THIRD PARTY SERVICES, SOFTWARE AND EQUIPMENT OPERATORS AND
SUPPLIERS, WIRELESS CARRIERS, MAPPING DATA PROVIDERS AND PSAP DATA VENDORS.
(b) EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICE, ALL
RELATED SOFTWARE AND ALL SERVICES ARE PROVIDED BY LIVEVIEWGPS "AS-IS" "WHERE
IS" AND "WITH ALL FAULTS." LIVEVIEWGPS SPECIFICALLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,
ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE SERVICE, AND ANY
RELATED SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT. WITHOUT LIMITING
THE FOREGOING, LIVEVIEWGPS DOES NOT WARRANT THAT THE SERVICE OR ITS OPERATION
WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR
OTHER HARMFUL AGENTS. CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS SUPPORTED BY
SATELLITE AND OVER LOCAL EXCHANGE, INTER-EXCHANGE AND INTERNET BACKBONE CARRIER
LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND
SERVICED BY LOCAL AND LONG DISTANCE CARRIERS, UTILITIES, SATELLITE COMPANIES,
COMMUNICATIONS COMPANIES, INTERNET SERVICE PROVIDERS AND OTHER THIRD PARTIES,
ALL OF WHICH ARE BEYOND LIVEVIEWGPS'S CONTROL. CUSTOMER ACCEPTS ALL RISK
ARISING OUT OF OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION
OF THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL LIVEVIEWGPS
OR ANYONE ELSE INVOLVED IN ADMINISTERING, MAINTAINING OR PROVIDING THE SERVICE
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING
PERSONAL INJURY, DEATH, LOSS OF REVENUE OR LOST PROFITS, OR DAMAGES THAT RESULT
FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF
PERFORMANCE, OF THE SERVICE, EVEN IF LIVEVIEWGPS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(c) CUSTOMER AGREES THAT IT WOULD BE EXTREMELY DIFFICULT TO
DETERMINE THE ACTUAL AMOUNT OF DAMAGES RESULTING FROM ANY FAILURE OF THE
SERVICE, AND THEREFORE, CUSTOMER AGREES THAT DESPITE THE DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY CONTAINED HEREIN, IN THE EVENT THAT
LIVEVIEWGPS OR ANY THIRD-PARTY PROVIDER IS FOUND LIABLE FOR DAMAGES FOR ANY
REASON OR FOR ANY CAUSE OF ACTION, THE AGGREGATE AMOUNT OF ALL DAMAGES PAYABLE
BY LIVEVIEWGPS OR ANY THIRD-PARTY PROVIDER HEREUNDER SHALL BE LIMITED TO AN
AMOUNT NOT TO EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE DURING THE
CALENDAR MONTH IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
(d) CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS LIVEVIEWGPS AND THE
THIRD-PARTY PROVIDERS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS
(EACH, AN "INDEMNITEE") AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT
LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY
OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS
AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE SERVICE, EXCEPT
WHERE THE CLAIM RESULTS FROM SUCH INDEMNITEE'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
(e) CUSTOMER UNDERSTANDS THAT LIVEVIEWGPS AND THE THIRD-PARTY
PROVIDERS CANNOT GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT
BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICE.
(f) THE SERVICE IS FOR CUSTOMER'S USE ONLY AND CUSTOMER MAY NOT
RESELL THE SERVICE TO ANY OTHER PARTY.
30. General.
(a) Notice. LiveViewGPS may give notice by means of a
general notice through the Service, electronic mail to Customer's e-mail
address on record in LiveViewGPS's account
information, or by written communication sent by first class mail to Customer's
address on record in LiveViewGPS's account
information. Customer may give notice to LiveViewGPS at any time by any of the
following: electronic mail with confirmed receipt to info@LiveViewGPS.com;
letter sent by confirmed facsimile to LiveViewGPS at the following fax number:
(800) 557-4314, Attention: LIVEVIEWGPS Customer Service; letter delivered by
nationally recognized overnight delivery service to LiveViewGPS at the
following address: LiveViewGPS, Inc., 29021 Avenue Sherman, Suite 103,
Valencia, California 91355, Attention: LiveViewGPS Customer Service, with a
copy to the Legal Department.
(b) Force Majeure. If the performance of this
Agreement, or any obligation thereunder except the making of payments hereunder
is prevented, restricted, or interfered with by reason of: fire, flood,
earthquake, explosion or other casualty or accident or act of God; strikes or
labor disputes; inability to procure or obtain delivery of parts, supplies,
power, telecommunication services, equipment or software from suppliers; war or
other violence; any law, order, proclamation, regulation, ordinance, demand or
requirement of any governmental authority; or any other act or condition whatsoever
beyond the reasonable control of the affected party, the party so affected
shall be excused from such performance to the extent of such prevention,
restriction or interference; provided, however, that the party so affected
shall take reasonable steps to avoid or remove such cause of non-performance
and shall promptly resume performance hereunder whenever such causes are
removed.
(c) Customer Rights. Nothing in this Agreement shall
create or vest in Customer any right, title, or interest in the mySHIELD Service or the mySHIELD
Materials other than the limited right to use the Service under the terms and
conditions of this Agreement. All such rights shall remain in LiveViewGPS.
(d) Severability. To the extent that any provision or
portion of this Agreement is deemed to be invalid, illegal or unenforceable,
such provision or portion shall be severed and deleted or limited so as to give
effect to the intent of the parties insofar as possible and the remainder of
this Agreement, as the case may be, shall remain binding upon the parties.
(e) Assignment. Customer may not, without LiveViewGPS's prior written consent (which may be given or
withheld in its sole discretion), assign or transfer this Agreement, or any of
its rights or obligations under this Agreement to any third person (an
"Assignee"). LiveViewGPS may assign this Agreement to any person or entity
without the consent of Customer. LiveViewGPS may delegate to affiliates of
LiveViewGPS and to agents, suppliers and contractors of LiveViewGPS any of the
obligations herein imposed upon LiveViewGPS and LiveViewGPS may disclose to any
such persons any information required by them to perform the duties so
delegated to them.
(f) Amendment and Waiver. LiveViewGPS reserves the
right to change the terms and conditions of this Agreement or its policies
relating to the Service at any time. Continued use of the Service for more than
thirty (30) days after notice of any such change shall constitute your consent
to such changes. A failure or delay by LiveViewGPS to enforce any right under
this Agreement shall not at anytime constitute a waiver of such right or any
other right, and shall not modify the rights or obligations of either party
under this Agreement.
(g) Governing Law; Venue. This Agreement shall be
governed by and construed in accordance with the laws of the State of
California without reference to conflict or choice of law rules or principles.
The parties: (i) irrevocably and unconditionally submit to the exclusive
jurisdiction of the court of the State of California located in Los Angeles
County or in the United States District Court for the Central District of
California for the purposes of any suit, action or other proceeding arising out
of this Agreement or the subject matter hereof brought by any party hereto; and
(ii) hereby waive and agree not to assert as a defense or otherwise, in any
such suit action or proceeding, any claim that it is not subject personally to
the jurisdiction of the above-named courts, that its property is exempt or
immune from attachment or execution, that the suit, action or proceeding is
brought in an inconvenient forum, that the venue of the suit, action or
proceeding is improper or that this Agreement or the subject matter hereof may
not be enforced by such court.
(h) Construction. The titles of the sections of this
Agreement are for convenience of reference only and are not to be considered in
construing this Agreement. Unless the context of this Agreement clearly
requires otherwise: (i) references to the plural include the singular, the
singular the plural, and the part the whole, (ii) references to one gender
include all genders, (iii) "or" has the inclusive meaning frequently identified
with the phrase "and/or," (iv) "including" has the inclusive meaning frequently
identified with the phrase "including but not limited to" or "including without
limitation," and (v) references to "hereunder," "herein" or "hereof" relate to
this Agreement as a whole. Any reference in this Agreement to any statute,
rule, regulation or agreement, including this Agreement, shall be deemed to
include such statute, rule, regulation or agreement as it may be modified,
varied, amended or supplemented from time to time. The parties agree that this
Agreement shall be fairly interpreted in accordance with its terms without any
strict construction in favor of or against either party and
that ambiguities shall not be interpreted against the drafting party.
(i) Attorneys' Fees. If any legal action is necessary
in order to enforce any of the terms of this Agreement or the relationship
between Customer and LiveViewGPS, the prevailing party in any such action shall
be entitled to recover its reasonable attorneys' fees and costs from the
non-prevailing party.
(j) Entire Agreement. This Agreement sets forth the
entire agreement of the parties, and supersedes prior agreements between the
parties, relating to the subject matter contained herein and merges all prior
discussions between them, and neither party shall be bound by any definition,
condition, provision, representation, warranty, covenant or promise other than
as expressly stated in this Agreement or as contemporaneously or subsequently
set forth in writing and executed by a duly authorized officer or
representative of the party to be bound thereby.
(k) Agreement Update. This Agreement was last updated
on April 26, 2016.
I hereby authorize LiveViewGPS, Inc to charge
the above credit card on a monthly periodic basis for the amount due under my
LiveViewGPS, Inc. account. This Recurring Payment Authorization/Periodic Charge
Shall remain in force until cancelled in writing. I guarantee and warrant that
I am the legal card holder for this credit card and that I am legally
authorized to enter into this recurring billing agreement with LiveViewGPS,
Inc.
Cancellations must be received by the 25th day of the month you wish to
terminate service - otherwise, billing will terminate the following billing
cycle. Service can be cancelled by following the hyperlink on our home page -
top right - CANCEL SERVICE or by sending an email to info@liveviewgps.com. You
will receive a cancellation confirmation e-mail once your request has been
received and processed.
EXHIBIT A
ADDITIONAL TERMS REGARDING THIRD PARTY SERVICES
1.
Customer
authorizes the Third Party Services to release information about Customer to
other sources involved in providing care for the Customer and obtain assistance
on the Customer's behalf. LiveViewGPS and Third Party Services shall not be
obligated to pay any cost and expenses incurred in obtaining assistance,
including but limited to ambulance, police, transportation, physician, nurse,
hospital, or other medical assistance, or any cost whatsoever incurred as a
result of Customer's use of the System.
2.
Customer understands that each of the ERS Providers is NOT AN INSURER and that
(a) the value of service provided by the ERS Providers is based solely on
amount paid by Customer; (b) the system comprising the PERS Device, the
Services, and the emergency response services (the "System") may not always
operate properly for various reasons; (c) it is difficult to determine how fast
police, fire department, paramedic unit or others would respond to an alarm
signal dispatch; (d) it is difficult to determine what portion, if any, of
personal injury or death would be caused by system failure. THEREFORE YOU
AGREE: even if a court of competent jurisdiction decides that a failure of the
system allowed any harm (whether personal injury or death) to the Customer, the
Customer agrees that it will limit the Third Party Services' liability to
$500.00 and that it will indemnify the ERS Providers to the extent it fails to
limit such liability.
3.
THIRD PARTY INDEMNIFICATION AND SUBROGATION. If anyone other than Customer asks
a Third Party Service to pay for any harm (including personal injury or death)
connected with or resulting from a failure of the System, Customer will
reimburse the Third Party Service for any amount which a court orders the Third
Party Service to pay or which the Third Party Service reasonably agrees to pay,
including reasonable attorney's fees and any other loss and/or costs paid in
connection with the harm.
4.
LIMITATIONS ON LAWSUITS; WAIVER OF JURY TRIAL. The Customer agrees that no
lawsuit or any other legal proceeding connection with this Agreement shall be
brought or filed more than one (1) year after the incident giving rise to the
claim occurred. In addition each party agrees to give up its right to a jury
trial.
5. INTERRUPTION OF SERVICES.
Each Third Party Service assumes no liability for interruption of services due
to strikes riots, floods, fire, acts of God, mechanical or electrical equipment
failure, or any cause beyond the control of the Third Party Service and will
not be required to supply services while said interruption may continue.
Exhibit
B-1
Response
Protocol followed by Monitoring Operations Center (2 Way Voice Connected Call)
Response
Protocol
1. Monitoring Operations Center (MOC)
receives alert from PERS Device.
NOTE:
If Individual becomes aware that the button on the PERS Device was accidentally
pressed, Individual should immediately call the MOC (800-863-5248) and cancel
the emergency response by providing the Secret Word.
2. MOC answers alert and determines whether emergency assistance is required.
a.
If MOC both (i) hears the Secret Word and, (ii) in
the MOC's sole opinion, determines assistance is not needed, then MOC will
document incident, disconnect call, and close case. Otherwise MOC will proceed
to step 3.
3.
MOC obtains location of device.
a.
If last known location is less than 5 minutes from receipt of alert, MOC will
use last known location, and proceed to step 4. Otherwise proceed to step 3(b).
b.
MOC will attempt to obtain a more recent location. If MOC is able to obtain a
more recent location or the most recent location is less than 15 minutes from
receipt of alert, proceed to 4. Otherwise proceed to 3(c)
c. MOC will attempt to contact a responder on the notification list in the
Individual's profile on the PERS Web Application. If MOC is able to contact a
responder, MOC and responder will discuss and agree on the most likely location
of Individual and proceed to Step 4. Otherwise, proceed to step 3(d).
d. MOC will repeat steps 3(b) and 3(c) for up to two hours from the receipt of
alert. If after 2 hours, new location or contact with an emergency responder is
not achieved, proceed to step 8 until emergency responder contacts MOC.
4.
MOC contacts PSAP to dispatch emergency services.
a.
MOC calls PSAP to dispatch emergency response services. The MOC will supply
location information and information about the Individual (name, gender, race,
vehicle model, vehicle tag, vehicle color) as set forth in the Individual's
profile. Proceed to step 4(b).
b. MOC will request from PSAP the dispatch operator number and reference/case
number, if available. Proceed to step 4(c).
c. MOC will provide PSAP with a call back number (800-863-5248) to receive
updates or to provide any additional information that PSAP dispatch may need.
Proceed to step 5.
5.
MOC calls responder.
a.
MOC will call a responder in Individual's profile to explain what has occurred.
If MOC is unable to reach a responder, MOC will leave a message with a call
back number (800-863-5248). Proceed to step 6.
6.
MOC will attempt to re-locate the Device.
a.
MOC will attempt to re-locate PERS Device. If the new location differs
significantly from the location provided to PSAP, MOC will call PSAP to provide
updated location information. Proceed to step 7.
7.
MOC calls PSAP to check on status.
a.
MOC will call PSAP to check on the status of the case. If PSAP has closed the
case, MOC will document and close case. MOC will check up on the status of the
case every hour for the next five hours unless PSAP agrees to provide the MOC
with an update when status of case has changed or refuses to provide the MOC
with updates.
8.
MOC closes case.
a.
MOC will clear the panic alert in the PERS Device and add to the following
notes to the Individual Account in the PERS Web Application: the Heat Case #
and the basis for clearing the alert (e.g., false alarm).
Exhibit
B-2
Response
Protocol followed by
Monitoring Operations Center (Covert Option)
1. Monitoring Operations Center (MOC) receives
alert from PERS Device.
NOTE:
If Individual becomes aware that the button on the PERS Device was accidentally
pressed, Individual should immediately call the MOC (800-863-5248) and cancel
the emergency response by providing the Secret Word.
2.
MOC responds to alert.
a.
MOC will covertly listen to sounds received by the PERS Device. If the MOC, in
its sole opinion, determines that an emergency response is needed, proceed to
Step 3(a). Otherwise proceed to step 2(b).
b.
MOC will attempt to contact the Individual by phone using the information in
the PERS Web Application. If the MOC (i) is able to
contact the Individual, (ii) hear the Secret Word and, (ii) in the MOC's sole
opinion, determines assistance is not needed, then MOC will document incident,
disconnect call, and close case. Otherwise proceed to Step 3.
3. MOC obtains location of device.
a.
If last known location is less than 5 minutes from receipt of alert, MOC will
use last known location, and proceed to step 4. Otherwise proceed to step 3(b).
b.
MOC will attempt to obtain a more recent location. If MOC is able to obtain a
more recent location or the most recent location is less than 15 minutes from
receipt of alert, proceed to 4. Otherwise proceed to 3(c).
c.
MOC will attempt to contact a responder on the notification list in the
Individual's profile on the PERS Web Application. If MOC is able to contact a
responder, MOC and responder will discuss and agree on the most likely location
of Individual and proceed to Step 4. Otherwise, proceed to step 3(d).
d.
MOC will repeat steps 3(b) and 3(c) for up to two hours from the receipt of
alert. If after 2 hours, new location or contact with an emergency responder is
not achieved, proceed to step 8 until emergency responder contacts MOC.
4. MOC contacts PSAP to dispatch emergency services.
a.
MOC calls PSAP to dispatch emergency response services. The MOC will supply
location information and information about the Individual (name, gender, race,
vehicle model, vehicle tag, vehicle color) as set forth in the Individual's
profile. Proceed to step 4(b).
b. MOC will request from PSAP the dispatch operator number and reference/case
number, if available. Proceed to step 4(c).
c. MOC will provide PSAP with a call back number (800-863-5248) to receive
updates or to provide any additional information that PSAP dispatch may need.
Proceed to step 5.
5. MOC calls responder.
a.
MOC will call a responder in Individual's profile to explain what has occurred.
If MOC is unable to reach a responder, MOC will leave a message with a call
back number (800-863-5248). Proceed to step 6.
6. MOC will attempt to re-locate the Device.
a.
MOC will attempt to re-locate PERS Device. If the new location differs
significantly from the location provided to PSAP, MOC will call PSAP to provide
updated location information. Proceed to step 7.
7. MOC calls PSAP to check on status.
a.
MOC will call PSAP to check on the status of the case. If PSAP has closed the
case, MOC will document and close case. MOC will check up on the status of the
case every hour for the next five hours unless PSAP agrees to provide the MOC
with an update when status of case has changed or refuses to provide the MOC
with updates.
8. MOC closes case.
a. MOC will clear the panic alert in the PERS Device and
add to the following notes to the Individual Account in the PERS Web
Application: the Heat Case # and the basis for clearing the alert (e.g., false
alarm).