GreatCall Lively Wearable Terms and Conditions

Welcome to the GreatCall Family! Thank you for using our devices and services. These terms and conditions (“Terms”) apply to your use of the Lively Wearable device, Lively Wearable service including Lively app, GreatCall Link, Fall Detection, Activity Tracker, Daily Challenges, and 5Star Urgent Response Service (collectively referred to herein as “Services” and individually referred to herein as “Service”). References to “GreatCall”, “our”, “we”, or “us” refers to Best Buy Health, Inc. d/b/a GreatCall. Please read these Terms carefully.

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.

Your Acceptance of the Terms

By accepting, you are agreeing to be bound by its Terms. You accept these Terms by doing any of the following things:

  • Activate, use, or pay for your service;
  • Give us a written or electronic signature indicating your acceptance; or
  • Tell us electronically that you accept.

If you do not wish to accept this Terms, do not do any of the above actions.

When you accept, you are telling us that you are of legal age, i.e., 18 years old or older, and that you are able to enter into a contract. If you are between the ages of 13 and 18, you may use GreatCall’s products and/or services only with involvement of a parent or guardian.

GreatCall Terms of Use

To the extent you use the Lively app or GreatCall Link app with your device, you are also subject to GreatCall’s Terms of Use, which are incorporated herein. To review GreatCall’s Terms of Use, please visit https://www.greatcall.com/legal/terms-of-use.

Privacy Policy

Your use of GreatCall Properties is subject to our Privacy Policy. To review our Privacy Policy, please visit https://www.greatcall.com/legal/privacy-policy. Please review the privacy policy for more on how we collect and use information.

If you are a California resident and would like to learn more about your rights under California’s laws, please review our California Privacy Rights page. To review our California Privacy Rights page, please visit https://www.greatcall.com/legal/california-privacy-policy.

Your Use of the Services

You agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with this Agreement, not to use the Services for illegal purposes or in manner inconsistent with this Agreement, and not to interfere with or disrupt the networks connected to the Services. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, anyone else. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You acquire no rights to the Lively Wearable, Services and/or materials we provide to you other than the limited right to utilize the Services in accordance with this Agreement.

How Your Lively Wearable Works

Your Lively Wearable device requires a compatible smartphone with the free Lively app downloaded. For Services to function properly, your account must be current on payment and these conditions must be met:

  • Be running Android 7.0 / iPhone iOS 11 and above
  • be charged;
  • be powered on;
  • have an adequate wireless signal;
  • be in audible range
  • have location services enabled;
  • have airplane mode off;
  • have Bluetooth on; and
  • be running the Lively app.
  • Your Lively Wearable must:
    • be paired and connected to your compatible smartphone via Bluetooth; and
    • have adequate battery level (your Lively Wearable device is powered by a CR 2450 battery that will last up to four months and is easily replaceable).

Lively Wearable, Activity Tracker, and Daily Challenges are not medical devices or medical services. Activity Tracker and Daily Challenges are intended for fitness purposes only and are not intended to diagnose, cure, mitigate, treat or prevent diseases. Consult your physician before you begin or modify any exercise program.

GreatCall provides Activity Tracker and Daily Challenges as services. While the information contained within the applications is periodically updated, no guarantee is given that the information provided is correct, complete, or current. Any updates may be made without notice to you.

Some content within Daily Challenges is derived from or may lead to other destinations, including those operated and maintained by third-parties. GreatCall includes this information and any links solely as a convenience to you, and the presence of such information or link does not imply responsibility for or an endorsement of the linked site, its operator, or its contents (exceptions may apply). Reproduction, distribution, republication, and/or retransmission of material contained within these services are prohibited.

Lively App License Grant

The Lively app software is licensed, not sold, to you by GreatCall and it is for use only under the terms of this License. The Lively app is intended for your personal, non-commercial use and may not be rented, leased, sold, or redistributed by you. GreatCall retains ownership of the Lively app software and reserve all rights not expressly granted to you. In its sole discretion, GreatCall may make available app updates and the terms of this License shall govern such updates unless such update is accompanied by a separate license, in which case the terms of that license will govern.

Subject to the Terms herein, you are granted a limited non-exclusive license to use the Lively app software on a single device. You may not, and you agree not to enable others to, reverse engineer, disassemble, attempt to derive the source code of, create derivative works of, or modify the software or any services provided by the software.

You acknowledge and agree that certain Lively app features transmit data through your Bluetooth-paired and connected smartphone and could impact charges to your wireless data plan. You agree that all such charges are your responsibility. You can view and control data use of apps, including the Lively app, in your smartphone settings.

Payment Terms

Your Payment Responsibilities

You are responsible to pay for the Services on time and in full (unless the law provides otherwise). We invoice for Services one month in advance. Invoices are due 18 days from the bill cycle date. A late payment in defined as anything received after that date. Failure to timely pay your invoice could result in GreatCall suspending or disconnecting your account or assessing a late fee. In addition, failure to pay may result in GreatCall seeking legal action against you. You are responsible for all costs and expenses related to the collection of your unpaid fees, including attorneys’ fees.

You are also responsible for directly paying all charges for Services provided to you by others (such as emergency service providers).

Recurring Auto Payments

By activating our Services, you have authorized GreatCall to charge the credit card or debit card on file for recurring monthly payments. Your monthly service payment will be charged automatically to this credit or debit card, which will be kept on file. To cancel recurring monthly payment, you can contact our Customer Service Department at 1-800-463-6632.

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. Disputed charges may be sent to GreatCall c/o Customer Care at 2200 Faraday Ave., Ste. 100, Carlsbad, CA 92008.

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.

Canceling Your Lively Wearable Services

You can cancel your Service at any time. All you have to do is call us at 1-800-733-6632 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. If you purchase a year of the Services in advance and stop your service in the middle of the annual period, we will refund you the remaining months of the Service. If you cancel your Services during a billing cycle, the cancellation will be effective immediate. However, because GreatCall does not bill for partial months of Services, your monthly billing charges will not be prorated. GreatCall will not refund a partial monthly service charge, you will be responsible for the entire billing cycle.

Reactivating Or Changing Your Lively Wearable Service

We will only accept requests from you (or from someone we believe is your authorized agent) to activate, cancel, or reactivate your Services. 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 Services, but we cannot guarantee our ability to retrieve it.

30-Day Return Policy for Purchases Directly Through GreatCall

If you have purchased your Lively Wearable directly from GreatCall and for any reason you are not completely satisfied with your Service or Lively Wearable, you can return your Lively Wearable within 30 days of purchase and we will refund the first month’s service charge and the cost of the Lively Wearable (if Lively Wearable if returned), plus applicable taxes.

To cancel your account and obtain a refund:

  1. Call GreatCall Customer Service at 1-800-463-6632.
  2. You will receive a return authorization number, address and instructions for return.
  3. All equipment must be in “like new” condition, as determined by GreatCall, in its original box with all components and materials to be eligible for a refund.

Shipping charges are not refundable. All returns are at the customer’s expense. We will not begin processing your refund until the device is received by GreatCall. It can take up to 15 business days to process a refund. Refunds, if applicable, will be processed back to the party that paid in the same manner that payment was received.

Returning Devices Purchased Through a Retailer

If your Lively Wearable was purchased from a retail location, it must be returned to that location and is subject to that retailer’s return policy.

You will also need to call GreatCall Customer Service at 1-800-733-6632 to cancel your account and monthly service charge.

5Star Terms and Conditions

How Lively Wearable Works With 5Star Urgent Response

In the event help is needed, pushing the button on your Lively Wearable device will alert 5Star Urgent Response through your connected smartphone. Calls with 5Star are made through your compatible smartphone and use wireless plan minutes like a normal cellular call. For Android and iOS applications, your connected smartphone will automatically place an outgoing call to 5Star Urgent Response. In some cases, Apple iOS, 5Star Urgent Response will place an incoming call to your connected smartphone that you must answer to connect.

5Star 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 is enabled. 5Star may not be available in remote or enclosed areas.

You agree that once you enroll in Health and Safety package, we will be able to track your approximate location whenever your Lively Wearable is paired and connected by Bluetooth to your compatible, powered-on smartphone. You agree that we can provide this information to third-party service providers and authorized GreatCall Link contacts 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 Emergency Profile.

Your Use Of 5Star Urgent Response

You promise not to use 5Star Urgent Response 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 in whole or in part from your actions. You are solely responsible for maintaining the content and accuracy of your Personal Emergency Profile in the Lively app.

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 Urgent Response is not required to release any audio or physical records that are created as part of the 5Star Urgent Response 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.

Your Responsibility For Others Who Use Your 5Star Urgent Response Service

You are solely responsible for any use of 5Star Urgent Response associated with your Lively Wearable, 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 Urgent Response on your behalf. You agree that our agent may share your information with any authorized person calling 5Star Urgent Response on your behalf.

Optional Services

Lively Wearable service may also include GreatCall Link, Fall Detection, and Urgent Care. Each of these Services and their specific terms and conditions of use are described below.

GreatCall Link For Lively Wearable

GreatCall Link allows you to authorize contacts to have access to information about your Lively Wearable services. The information authorized contacts may access includes the battery status of your paired and connected Lively Wearable, up to 30 days of step counts and Daily Challenge and points history, as well as up to 30 days of logged falls or calls to 5Star Urgent Response, including location information at the time of the 5Star Urgent Response event. 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 your GreatCall Lively app. GreatCall Link is available with the purchase of the Preferred or Ultimate Health and Safety Plan. Please visit https://www.greatcall.com/legal/terms-of-use, to review the GreatCall Terms of Use for the Link App.

Lively Wearable Fall Detection

GreatCall Fall Detection works only when wearing Lively Wearable around the neck in the specially designed and included lanyard. Fall Detection works in conjunction with your 5Star Urgent Response. Using patented algorithms, the service detects falls and, through your Bluetooth-connected smartphone, alerts 5Star Urgent Response that you need help. You will have an opportunity to cancel the call to 5Star Urgent Response if you do not need assistance.

We cannot guarantee that the service will always accurately determine a fall. You should always push the button when you need help, if possible. Button signal range may vary due to device sensitivity, battery strength, and other environmental factors. Fall Detection is available with the purchase of the Ultimate Health and Safety Plan.

Urgent Care Through 5Star

5Star Urgent Response agents are in every one of our Lively Caring Centers and are available at the touch of a button on Lively Mobile Plus PERS devices. In addition to being certified by International Academies of Emergency Dispatch (IAED), 5Star agents are trained to help with common situations like getting lost or hearing noises at night. 5Star agents can connect seniors to on-call doctors and nurses, and even send an 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. If you are experiencing a medical emergency, you should seek appropriate emergency medical assistance or call 9-1-1- immediately. FONEMED’s registered nurses and doctors offer advice regarding health care decisions and may prescribe prescriptions and refills for common medications over the phone.

We are not a health care provider and do not provide health care services or medical advice. FONEMED has confirmed that all of its nurses and doctors have appropriate licenses as required under state law. Because we are not a health care provider, we are not equipped to validate or confirm the accuracy or completeness of any of the advice made available by FONEMED or to determine whether such advice is appropriate for you or your specific needs and we are neither qualified to evaluate, nor responsible for assuring, that these nurses and doctors have the necessary expertise to provide appropriate advice to you. We are not liable for any act or omission, including negligence, of FONEMED or any FONEMED employee, contractor or agent. Use of 5Star Urgent Response does not create any kind of treatment or other patient relationship with doctors or nurses. 5Star is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of your physician or other qualified health care provider if you have any questions about medical treatment or a medical condition.

Our Right To Change, Amen, Modify or Supplement Your Service

Unless otherwise prohibited by law, we may change, modify, or supplement any Device and/or Services provided to you, including, but not limited to, rates, fees, prices, charges or features. We will provide notice regarding material changes to your Device or Services.

If you choose to use your Device and/or Service after that point, you’re accepting the change, modification, amendment, or supplement. If you do not accept the changes, amendments, modifications, or supplements, you can cancel the Service, just by calling us at 1-800-733-6632.

Our Right To Terminate Or Suspend Your Lively Wearable Service

We may terminate your Services 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 Services will terminate. This means that we can decide to cease providing the Services to you at any time and for any reason, even for reasons unrelated to you or your account with us. Also, we may terminate your Services without prior notice to you for any good cause. This means, for example, we can terminate your Services immediately if you breach any part of these Terms, you fail to pay amounts that are due to us, you interfere with our efforts to provide Services, interfere with our business, or if your Services or wireless phone number is used for illegal or improper purposes. You don’t have any right to have the Services reactivated, even if you cure any of these problems. Whether we allow you to have Services again will be entirely up to us. We can suspend your Services 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 Services are being used for any purpose that would allow us to terminate it.

Warranty

While we strive to ensure that our Services are provided without interruption and are 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 Services and we assume no liability or responsibility of any kind for omissions or errors in the Services. Use of our Services 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 Lively Wearable.

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 SERVICES.

To view information regarding our Standard Limited Warranty for GreatCall devices, please visit https://www.greatcall.com/legal/warranty.

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 your Lively Wearable; (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 SERVICES DURING WHICH SUCH DAMAGES OCCUR; (4) UNLESS OTHERWISE PROVIDED IN THESE TERMS, 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 these Terms, 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 the Services 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 these Terms will survive even after the Terms have ended.

These limitations of liability apply not only to you, but to anyone using the Services 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 Lively Wearable. 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 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.

Governing Law

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, if applicable, 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.

Modification of Terms

These Terms may be updated, modified, or changed from time to time by GreatCall without notice to you. Any changes, amendments, modifications, or supplements to these Terms will be posted on the GreatCall’s website. The date of the latest version of the Terms will be indicated at the bottom of this page. Be sure to check the GreatCall website from time to time to make sure that you are aware of the most recent Terms, which will govern your use of our products and services.

Your continued use of the Services constitutes your agreement to any changes, modification, or updates.

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.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND FORUM SELECTION CLAUSE (THIS SECTION DOES NOT APPLY TO AARP MEMBERS)

If you and we have a disagreement related to the Services or the validity of these terms and 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 and 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.

In the event that this agreement to arbitrate is held unenforceable, or in the event AAA refused to arbitrate the dispute, YOU AND WE AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT WE MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE SERVICES OR THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY).

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 .

This Is The Entire Agreement

These Terms are the entire agreement between you and us with respect to your Lively Wearable device and Services. 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, unless otherwise stated herein. If any part of these Terms is considered invalid, the rest of it will remain enforceable. No waiver of any part of these Terms 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.

Effective Date: February 20, 2020.