Use of this goVia MOVE (the “Product”) requires professional medical alert monitoring services provided by Medical Guardian, an independent third party that is not owned or operated by Stanley Black amp; Decker. Monitoring services require the execution of a monitoring agreement with and payment of an additional, recurring monthly service fee to Medical Guardian.
The Product is not life support equipment, personal security equipment, a life safety device or a life saving device and does not provide any form of medical or medical-related services. The User understands, acknowledges and agrees that the Product (i) merely offers Customers one additional means of summoning help under certain limited circumstances as set forth in the documentation; and (ii) is not a substitute for 911, and if possible, users should dial 911 in an emergency.
If the Products include Automatic Fall Alert Detection, Automatic Fall Alert Detection may (i) not detect all falls and (ii) activate even if a user does not fall. User understands, acknowledges and agrees that if the user falls, the user should not rely exclusively on the Automatic Fall Alert Detection but should push the “Help Button” or use a telephone to dial 911 for assistance.
The Product uses and relies upon one or more communications networks, services or modalities (each, a “Means of Communication”) to enable the Product to transmit and receive voice and data communications to and from any (i) monitoring facility or (ii) other person, including any user. A Means of Communication may include, among other things, one or more forms of (A) non-cellular telephone service or (B) radio frequency (“RF”) technology, including cellular telephone service, wireless service, Bluetooth, microwave, Wi-Fi or some other form of communications network, services or modalities. Governmental authorities limit the power that the Product can use to transmit data and such limitations can adversely affect the Product’s ability to transmit data. In a location where there is interference with, or insufficient connectivity for, the Product to connect to or successfully transmit and receive data and voice via, the Means of Communication or when the Means of Communication is not available or operable or is not operating properly, the Product may be impaired or not work and/or Medical Guardian may be unable to provide all or some portion of the services. In any location where there is interference with, or poor connectivity to, the Means of Communication, the Product may not work or work properly or users or other persons or entities, including any monitoring facility, may experience poor audio communication, inadequate data transmission and receipt, interference, call interruptions or drops or other degradations of performance (even in areas where any portion of the Means of Communication is available or where the Product shows an adequate network signal [i.e., “number of bars”]). IF (I) ANY PORTION OF THE MEANS OF COMMUNICATION IS NOT AVAILABLE OR (II) THE PRODUCT HAS NO CONNECTION (OR AN INADEQUATE CONNECTION) TO THE MEANS OF COMMUNICATIONS (EITHER (I) OR (II), A “CONNECTION FAILURE”), THE PRODUCT MAY BE UNABLE TO TRANSMIT DATA OR VOICE TO, OR RECEIVE DATA OR VOICE FROM, THE PRODUCT, ANY MEANS OF COMMUNICATION OR ANY APPLICABLE SERVERS, THE MONITORING FACILITY, OR ANY OTHER PERSON OR ENTITY.
The Product may include technology designed to permit others including a monitoring facility, responders, caretakers or others, to determine the location of the Product (and the user) at a given time or under certain circumstances. The accuracy of the location based services may be limited and may not permit others to identify the location of the Product (or the user) precisely or at all.