5Star and Additional Health & Safety Services Terms and Conditions
Welcome to the GreatCall family! Thank you for using our products and services (“Services”). These terms and conditions apply to your use of 5Star Services and additional optional services on your Jitterbug or Lively Mobile device. Lively Wearable terms and conditions differ and can be found at https://www.greatcall.com/legal/lively-wearable-terms-conditions.
By using our Services, you are agreeing to these terms. Please read them carefully. They contain IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, INCLUDING AN ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A JURY TRIAL, A CLASS ACTION WAIVER, A CHOICE OF LAW PROVISION, AND A FORUM SELECTION CLAUSE.
Our Services vary, so additional terms may be included with certain additional Services. Those additional terms become part of your agreement with us if you use those services. If you do not agree to the terms, do not use our Services.
How 5Star Service Works
5Star Service is only available in the United States. 5Star IS NOT A SUBSTITUTE FOR 9-1-1, and in fact, if 5Star conferences in 9-1-1 emergency services on your behalf, there could be a delay in reaching 9-1-1 emergency services. The service will only work if your account is current on payment and if your device is charged, turned on, has network access, and the 5Star Service is enabled. 5Star Service may not be available in remote or enclosed areas. You agree that once you enroll in 5Star Service, we will be able to track your approximate location whenever your device is turned on and connected to the network and that we can provide this information to third party service providers and/or emergency contacts that you designate in case of an emergency or service incident. However, we cannot guarantee that we can track your exact location and in some cases, we may only be able to provide the information provided in your personal profile. We will only use your location information for providing 5Star Service.
Your Use of 5Star
You promise not to use 5Star Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers. If you do any of these things, you agree you will be responsible for any amount anyone else claims from us, plus any expenses, resulting from your actions. You are solely responsible for maintaining the content and accuracy of your Personal Emergency Profile with 5Star.
Your Responsibility To Pay For 5Star Service
You are responsible to pay for your 5Star service on time and (unless the law provides otherwise) in full. If you purchase a year of service in advance and stop your service in the middle of the annual period, we will refund you the remaining months of the 5Star Service. You are also responsible for directly paying all charges for services provided to you by others (such as emergency service providers).
Your Responsibility To Tell Us Right Away About Disputed Charges
If you object to any fees or charges for services, you must tell us in writing within 60 days after the fee or charge is incurred, (unless the law does not allow a limit or the law requires a longer period), or you are waiving the dispute.
Your Responsibility To Pay For Taxes And Government Fees
You promise to pay all federal, state and local taxes, and other fees and service charges that we are required by law to collect and remit to the government on the Services we provide to you. These charges may change from time to time without advance notice.
Your Responsibility For Others Who Use Your 5Star Service
You are solely responsible for any use of 5Star Service associated with your device, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for the services requested by you, or by anyone using the service through 5Star on your behalf. You agree that our agent may share your information with any authorized person calling the service on your behalf.
Ending Your 5Star Service
You can cancel your 5Star Service at any time. All you have to do is call us and tell us you want to cancel service. We will cancel the service immediately and you will not be charged for any future months.
Reactivating Or Changing Your 5Star Service
We will only accept requests from you (or from someone we believe is your authorized agent) to activate, cancel, or reactivate your 5Star Service. If we do any of these things, you agree to pay any charges associated with these requests. We will attempt to retrieve your previously stored Personal Emergency Profile if you reactivate your 5Star Service, but we cannot guarantee our ability to retrieve it.
We may place usage limits for any 5Star Service. If we place usage limits for a 5Star service, and you then use the Service more than allowed by the limit, we will charge you at our then current rates for your usage in excess of the limit amount. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such charges.
Your Interactions With 5Star Agents
We may record and monitor conversations between you and our agents, emergency service providers, the police, or other third parties. Please note that our agents may also remain on the line if they conference in a third party to assist in completing a service request. Please understand that 5Star is not required to release any audio or physical records that are created as part of the 5Star Service without a subpoena (unless otherwise required by law). We will do our best to accommodate you if English is not your first language and you require translation services, but we cannot guarantee the availability or competence of a third party translator.
Connection To Other Service Providers
Our agents may link, conference or transfer you to other service providers such as the police, fire department, ambulance service, 9-1-1 emergency services or towing service. We’ll use reasonable efforts to contact appropriate service providers for help when you ask for it, but we can’t promise that any service providers will respond in a timely manner or at all. Furthermore, we can’t promise we will provide the best service provider or guarantee any level of service from such service provider. The laws in some places require an emergency situation to be confirmed before emergency service providers will provide service. We will not contact emergency service providers in these locations in response to your call if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We will attempt to have an agent contact you after you have completed a 9-1-1 call to make sure that you do not need additional assistance but cannot guarantee this service in all cases or for all devices.
About The Software
Service requires software on your device that we may need or want to change from time to time. We may do this remotely, or through a third party service provider without notifying you first. You do not own the device software or acquire any rights to use or modify the device software on your own.
End User acknowledges that except as required by law, it shall acquire no proprietary interest in the number (MDN) or SIM (Subscriber Identity Module) assigned by GreatCall for its use. End User acknowledges that any intellectual property or software in the SIM not provided by GreatCall or End User is the property of the supplier of wireless services to GreatCall, and such supplier may change or update the software or other data in the SIM card or the software in the Equipment over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.
This device may include copyrighted software stored in semiconductor memories or other media. Any copyrighted software contained in this product may not be modified, reverse-engineered, decompiled, analyzed, distributed, reproduced or otherwise used in any manner without the express, written consent of the copyright owner, except as specifically required by mandatory applicable laws or any applicable third party software license terms. The purchase of this product does not grant any license under any intellectual property rights of any software provider, except for the normal, non-exclusive, royalty-free license to use this device that arises by operation of law in the sale of the product. All other rights are expressly reserved.
Our Right To Terminate Or Suspend Your 5Star Service
We may terminate your 5Star Service without cause, in which case we will give you notice 30 days prior to the effective date of termination after which your account will be deactivated and your service will terminate. This means that we can decide to cease providing the 5Star Service to you at any time and for any reason, even for reasons unrelated to you or your account with us. In such a case, we will refund any amounts you have paid in advance. Also, we may terminate your service without prior notice to you for any good cause. This means, for example, we can terminate your service immediately if you breach any part of this agreement, you fail to pay amounts that are due to us, you interfere with our efforts to provide service, interfere with our business, or if your 5Star Service or wireless phone number is used for illegal or improper purposes. You don’t have any right to have 5Star Service reactivated, even if you cure any of these problems. Whether we allow you to have service again will be entirely up to us. We can suspend your 5Star Service for any reason. We can also suspend it for network or system maintenance or improvement, or if there’s network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it.
Some of our key privacy practices are outlined in this section. For a complete description of our privacy practices, please refer to our Privacy Statement. We may update our Privacy Statement from time to time and the updates are available at www.greatcall.com, or you can contact us to request a copy.
We may collect information about you in several different ways: from information you provide to us, from your use of the 5Star Service, from calls or emails between us, from location based services, and from third party data providers. We will collect information about your location on a periodic or regular basis. The information we may get about you includes your contact and billing information (including your credit card number), registration information, your physical locations, and information that helps us customize our services (including your medical condition and medications). You agree that we can, subject to applicable law, use this information to provide 5Star location based services, manage your account, conduct analysis and research, comply with legal requirements, prevent fraud or misuse of the 5Star Service, and protect our rights or property or the safety of you or others.
While we strive to ensure that the service is provided without interruption and is accurate and reliable, we, and our suppliers, make no representation or warranty, either expressly or tacitly, for the accuracy, reliability, completeness, correctness or otherwise with respect to the service and we assume no liability or responsibility of any kind for omissions or errors in the service.. Use of the service is at your own risk. We assume no liability for or relating to the delay, failure, interruption or corruption of any voice, call quality, or data transmitted on a device while using 5Star.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SUPPLIERS, AND OUR THIRD PARTY CONTENT AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. SPECIFICALLY, WE, OUR AFFILIATES, OUR SUPPLIERS, AND OUR THIRD PARTY CONTENT AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS INCLUDING ERRORS OR OMISSIONS, CURRENTNESS OR TIMELINESS OF CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICE.
Limitations of Liability
You and GreatCall are each waiving important rights. Unless forbidden by law in a particular instance, we each agree as follows: (1) we are not liable for the actions or inactions of any service provider we contact for you, or for our inability to contact any service provider in any particular situation, (2) we, and our suppliers, are not liable to you for any injuries to persons or property arising out of or relating to your use of the 5Star Service, (3) our maximum liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to an amount equal to the portion of the charges to you for the services relating to the period of service during which such damages occur, (4) unless otherwise provided in this agreement, your maximum liability to us under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to any charges due and owing by you to us, (5) neither you nor we can recover punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees. You and we agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement, (6) no one is liable to you for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or any other things we do not control, (7) notwithstanding anything else in this agreement, you agree to excuse any non-performance by us or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of us or our service providers, (8) you agree that neither we nor any service provider who sends you data or information through 5Star is liable for any errors, defects, problems, or mistakes in that data or information, and (9) you agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended. These limitations of liability apply not only to you, but to anyone using the 5Star Service on your behalf, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your 5Star Service. Some states don’t allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
The supplier of wireless services to GreatCall shall have no liability whatsoever for your losses, claims or damages for any cause whatsoever, including but not limited to any failure or disruption of wireless services provided hereunder, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between GreatCall and GreatCall’s supplier of wireless services.
The Services accessible through the device belong to GreatCall or third parties and may be protected by intellectual property laws. The Services are provided solely for your personal use and not for commercial use. You may not alter, copy, transmit or distribute any content or Services accessible through or displayed by the device.
The content or services of third party providers may be suspended or discontinued at any time, and the third party providers do not guarantee that any content or service will remain available for any period of time. Such content and services may utilize networks and transmission equipment outside the control of GreatCall or the third party providers and GreatCall and the third party providers disclaim liability for any interruption or suspension of such content or service provided through the device.
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OUR SUPPLIERS OR ANY THIRD PARTY PROVIDERS BE LIABLE, WHETHER UNDER CONTRACT OR TORT OR UNDER ANY OTHER BASIS, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN, OR AS A RESULT OF THE USE OF ANY CONTENT OR SERVICE BY YOU OR ANY OTHER, EVEN IF WE, OUR AFFILIATES, OUR SUPPLIERS OR SUCH THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LEGAL RIGHTS OF THE CONSUMER, IT IS POSSIBLE THAT THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SUCH JURISDICTIONS.
How We Will Resolve Disputes
If you and we have a disagreement related to 5Star Service or the validity of these terms of conditions of use, we’ll try to resolve it by talking with each other. If we can’t resolve it that way, we both agree to use confidential binding arbitration, not lawsuits (except for small claims court cases) to resolve the dispute. We agree that any controversy or claim between us will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”). There’s no judge or jury in arbitration, arbitration procedures are simpler and more limited than rules applicable in court, and review is limited. But you are entitled to a fair hearing and the arbitrator’s decisions are as enforceable as any court order. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. As modified by these terms of conditions of use, the arbitration will be governed by the AAA’s arbitration rules (collectively “Rules and Procedures”). We further agree that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (b) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (e) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (f) the arbitrator shall honor claims of privilege and privacy recognized at law; and (g) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained in these terms of conditions of use. If, however, either subpart (b) or (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts located in San Diego County, California. Further, in the event either you or we bring an action in a court seeking provisional interim equitable relief pending resolution of an arbitration, such provisional interim relief must be exclusively sought in the state or federal courts located in San Diego County, California.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879, write the AAA at 1633 Broadway, 10th Floor, New York, New York 10019, or visit the AAA website at http://www.adr.org .
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California, in accordance with the Federal Arbitration Act, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
Our Relationship With You
This agreement does not create any fiduciary relationships between you and us. It doesn’t create any relationship of principal and agent, partnership, or employer and employee, either.
We Can Assign This Agreement
We can assign this agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this agreement or your obligations to anyone else without our prior written consent.
This Is The Entire Agreement
This agreement is the entire agreement between you and us with respect to 5Star Service. It supersedes all other agreements or representations, oral or written, between us, past or present, and may not be amended except in a writing signed by GreatCall. If any part of this agreement is considered invalid, the rest of it will remain enforceable. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify. This will not be a waiver or require us to do so again.
IF YOU ARE ENROLLED IN ANY OF THE OPTIONAL SERVICES BELOW, YOU AGREE TO BE BOUND BY THESE TERMS IF YOU USE THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS RELATED TO THE OPTIONAL SERVICE, THEN DO NOT USE THE SERVICE.
Ending Optional Service
You can cancel any or all of your optional service at any time. All you have to do is call us and tell us you want to cancel the service. We will cancel the service immediately and you will not be charged for any future months.
GreatCall Fall Detection is an optional enhancement service that works in conjunction with your 5Star Service and a GreatCall Splash or Lively Mobile. The service is designed to be used with an accessory clip and a lanyard that we provide to you. The service works best when the device is worn around the neck. Using patented and clinically validated algorithms, the service detects falls and alerts 5Star Service that you need help. You will have an opportunity to cancel the call to 5Star Service if you do not need assistance. We cannot guarantee that the service will always accurately determine a fall.
What is Urgent Care Through 5Star
Urgent Care, brought to you in partnership with FONEMED®, is not a substitute for dialing 9-1-1 and should not be used in a case of emergency. FONEMED’s registered nurses offer advice regarding health care decisions, but they do not prescribe medications or make diagnoses. We are not liable for any act or omission, including negligence, of any FONEMED employee. We are not a health care provider and do not provide health care services. You should seek the advice of your physician if you have any questions about medical treatment.
What is GreatCall Link
GreatCall Link is an optional service that allows you to authorize contacts to have access to information about your 5Star enabled device and service. The information authorized contacts may access includes your current location, your “zone” locations for the past 7 days, your 5Star enabled device’s power status, and up to 30 days of logged calls to 5Star Urgent Response. Authorized contacts may access this information through the GreatCall Link smartphone or web app. You may add or remove authorized contacts at any time through the GreatCall Link web app at link.greatcall.com.
How GreatCall Link Works
5Star enabled devices send a GPS location fix a few times per hour. Buildings, mountains, and valleys can interfere with the accuracy of GPS fixes. Once a 5Star call is initiated, the device (if able) starts sending us a location fix every 30 seconds. This allows us to provide high quality emergency response service.
“Zones” are created around addresses listed in the Personal Emergency Profile. These zones are used in the Daily Activities screen, and to alert your authorized contacts via push notifications (in the smartphone app) when the 5Star enabled device changes location.
You can update addresses and other location information in the Personal Emergency Profile by clicking “Edit Emergency Profile” in the 5Star profile menu.
Location fixes and zone accuracy improve as our system learns about the 5Star user's zones and activity patterns. There may be some incorrect notifications sent during the first couple weeks of use, as the system builds information around the 5Star user’s zones.
If your GreatCall phone or device gets lost, is stolen or if it breaks, we’ll send you another one. Enjoy Product Replacement is included with the Ultimate Health and Safety Package or can be purchased a la carte for $4 per month for the Jitterbug Flip or Jitterbug Smart or $3 per month for the GreatCall Splash or Lively Mobile.
What is Personal Operator
Our friendly Personal Operators can help you, 24/7, with various tasks just by dialing “0” on your Jitterbug device keypad or screen. Our Personal Operators can update and manage your device’s phone book, look up residential, business or government phone numbers, connect you to any number in the United States or Canada, or place calls to anyone in your device’s phone book.
Your Agreement to Pay for Personal Operator Service
Personal Operator services are included with the Ultimate Health and Safety Plan Packages for Jitterbug Smart and Jitterbug Flip (minute usage or airtime rates still apply). For all other plans, calls to a Personal Operator in which a service is completed will incur a charge of 99 cents per call and minutes will be deducted from your monthly rate plan balance equal to the length of the call and any call connected by the Personal Operator.
Last updated: 10 November 2016