YANA is here to offer an affordable reliable medical alert system to any person in need of assistance. YANA is able to give clients the ability to maintain independence without major lifestyle changes.
YANA MEDICAL Monitoring Service Agreement Terms & Conditions
PARTIES AND SERVICES: The person named as Subscriber and any person ordering/paying for Services (“Payer”) or using them (“User”) (collectively referred to as “Subscriber”) hereby contract with YANA Medical (“YANA MEDICAL”) for YANA MEDICAL monitoring service (“Service”). Unless the context otherwise requires, the term “Subscriber” as used herein refers all User(s) and Payer(s), and any of them individually. The obligations of Subscriber are joint and several, meaning that Payer(s) and User(s) are equally, and each individually, responsible for the obligations of the Subscriber under this Agreement.
The Service includes YANA MEDICAL equipment and monitoring. Equipment means a YANA MEDICAL Anywhere personal help button (“Equipment”). Monitoring is provided through an authorized YANA MEDICAL monitoring center. During the initial and any renewal term of this Agreement, Equipment remains the property of YANA MEDICAL and must be returned to YANA MEDICAL at the end of this Agreement as set forth in Paragraph 2 below. If Subscriber fails to return the Equipment as set forth in Paragraph 2, Subscriber will be fully liable for the value of the Equipment, which Subscriber agrees is $250.
The Service includes receipt, analysis and response to alarm signals from Equipment. Upon receipt of a signal, YANA MEDICAL: (a) will make reasonable effort to promptly contact Subscriber, and (b) if YANA MEDICAL deems necessary in its reasonable judgment, notify: (i) persons and entities designated by Subscriber as “Responders” in the new order information sheet, in the order designated by Subscriber, or (ii) police, fire or ambulance designated by Subscriber.
Subscriber agrees that YANA MEDICAL may rely absolutely on the statements of Subscriber, Responders, or any person who says that they are acting on behalf of a Responder or Subscriber, with respect to the location and condition of Subscriber. Subscriber agrees that YANA MEDICAL in its sole and absolute discretion and without any liability: (a) may contact or attempt to contact the Premises as frequently as YANA MEDICAL deems appropriate to verify the need to alert Responders; and (b) after receiving oral advice from anyone at the premises to disregard the alarm signal and YANA MEDICAL may in its sole and absolute discretion and without liability, refrain from alerting the Responders or advise the Responders of the receipt of oral advice to disregard the alarm signal.
SUBSCRIBER AGREES THAT ATTEMPTING TO NOTIFY BY THE PHONE DESIGNATED RESPONDERS IS YANA MEDICAL’S ONLY DUTY. Subscriber understands and agrees that: (a) YANA MEDICAL is not responsible for the promptness, sufficiency or adequacy of the action of any Responder or any third party acting for Responder; (b) YANA MEDICAL in no way represents or guarantees that Responders can be contacted, can or will respond, or that any response will be safe or effective; (c) the Responders have been designated by him or her and are not agents or other representatives of YANA MEDICAL; and (d) YANA MEDICAL will not send any of its personnel to Subscriber’s premises in response to any emergency signal.
2. TERM & TERMINATION: This Agreement starts when the Agreement is acknowledged online by the Subscriber or Web-Buyer or when the equipment is activated by the Subscriber. YANA MEDICAL may terminate this Agreement and Services hereunder at any time for non-payment of fees or abuse of the service. Upon termination, Subscriber will return Equipment to YANA MEDICAL by 1. mailing or shipping the Equipment to YANA MEDICAL at Subscriber’s expense (a pre-addressed return envelope has been provided concurrently with Equipment), or 2. Telephoning YANA MEDICAL and arranging for pick-up. If Subscriber fails to return Equipment within thirty (30) days of termination, Subscriber agrees to pay YANA MEDICAL the value of Equipment which is $250.
3. BINDING AGREEMENT – This Agreement is binding on Subscriber, Subscriber’s heirs, executors and administrators. Subscriber, including each User and Payer, each shall be jointly and severally liable to satisfy the Subscriber’s obligation under this Agreement and are each bound by its terms, including Paragraphs 14 and 15. By accepting these terms and conditions, Subscriber, including any User and Payer, each represent that they are agents of each other, and (a) Subscriber represents and warrants to YANA MEDICAL that Subscriber has the full power and authority to bind any Payer and User to these terms and conditions; and (b) each Payer represents and warrants to YANA MEDICAL that Payer has the full power and authority to bind Subscriber and any User to these terms and conditions.
SUBSCRIBER DUTIES: In addition to other responsibilities set forth elsewhere in this Agreement, Subscriber must:
Provide and be responsible for suitable electrical outlet for periodic charging of the Equipment.
Select and give accurate information as to all Responders. Subscriber represents that personal Responders have agreed to act as responders;
Provide Responders with access to Subscriber’s house;
Not alter or attempt repairs to Equipment;
Activate and use the Equipment according to YANA MEDICAL’s written requirements found in the user guide as provided with the delivery of Equipment;
Promptly inform YANA MEDICAL of any changes to the information provided in, or in connection with, this Agreement. All changes are the sole responsibility of Subscriber and shall become effective at the time of delivery to YANA MEDICAL;
Test equipment at least every month with the personal help button following recommended testing established by YANA MEDICAL;
Pay any fine resulting from any false alarm.
4. COMMUNICATION LIMITATIONS: It is understood that the communication of the device relies upon the availability of cellular service and data which are provided by a third party that is not controlled by YANA MEDICAL. The ability of the device to accurately track Subscriber’s location is dependent the availability of GPS, cellular network and/or wireless internet coverage depending on Subscriber’s location. The device will function only in areas, locations and buildings where such service is available. If such service is unavailable or unreliable, the device may not accurately reflect your location or, it may not communicate at all with YANA MEDICAL’s monitoring center. In such event, the YANA MEDICAL monitoring center may be unable to communicate your location to a Responder, and a Responder by not be able to locate you.
5. INTERRUPTION OF SERVICE: Subscriber acknowledges that the Equipment sends its signals using cellular services which are wholly beyond the control of YANA MEDICAL. IN THE EVENT EQUIPMENT IS IN AN AREA WITHOUT CELLULAR SERVICE OR THE CELLULAR SERVICE FOR THE AREA IS OUT OF ORDER OR DISCONNECTED, THE EQUIPMENT WILL NOT WORK. YANA MEDICAL does not assume any liability for interruption of the service due to strikes, riots, sabotage, terrorist activities, floods, storms, earthquakes, fires, power failure, and interruption of cellular service, acts of God, or any other cause beyond YANA MEDICAL’s control including the activities of Subscriber. YANA MEDICAL IS NOT REQUIRED TO SUPPLY THE SERVICE DURING THE CONTINUATION OF ANY INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE.
6. CONSENT TO DISTRIBUTION OF INFORMATION: Subscriber is providing YANA MEDICAL with medical information for the purpose of providing the Service. Subscriber agrees that YANA MEDICAL, Responders and any other party named in this Agreement may receive all information contained in this Agreement or otherwise provided by Subscriber to YANA MEDICAL. Subscriber further agrees that in the event that a Responder or other assistance is sent to Subscriber’s home (an “Incident”), YANA MEDICAL may notify any or all of the parties listed in this Paragraph. Further, Subscriber releases YANA MEDICAL from all liability, which may arise out of YANA MEDICAL’s disclosure of information in this Agreement or about any Incident to the parties listed in this Paragraph. Subscriber acknowledges that all communications between Subscriber and YANA MEDICAL Monitoring Center may be recorded and Subscriber consents to such recording.
7. FALSE ALARMS OR ABUSE OF SERVICE: Subscriber agrees to reimburse YANA MEDICAL for any fees assessed against YANA MEDICAL as a result of false alarms originating from Subscriber’s premises.
8. FORCED ENTRY; MEDICAL EXPENSES: Subscriber agrees that if ANY ALARM SIGNAL is received by YANA MEDICAL and a Responder is sent to Subscriber’s home and Subscriber cannot let Responder into the locked home and Responder does not have a key that THE SUBSCRIBER AUTHORIZED RESPONDER TO BREAK INTO SUBSCRIBER’S HOME. SUBSCRIBER UNDERSTANDS THAT THIS MAY CAUSE DAMAGE TO THE HOME. SUBSCRIBER WAIVES ANY CLAIM AGAINST YANA MEDICAL OR ANY RESPONDER WHICH MAY ARISE AS A RESULT OF FORCED ENTRY INTO THE HOME. SUBSCRIBER SPECIFICALLY WAIVES ANY CLAIM FOR DAMAGE RESULTING FROM FORCED ENTRY AFTER AN INACTIVITY ALARM OR NON-RESPONSE TO A REMINDER SERVICE EVEN IF SUBSCRIBER IS SIMPLY NOT HOME. In addition, Subscriber authorizes YANA MEDICAL to notify paramedics and other appropriate emergency personnel who may provide medical assistance, if necessary. Subscriber hereby releases YANA MEDICAL from any and all expenses and liability incurred as a result of such medical services.
9. ATTORNEYS’ FEES: In connection with any dispute arising under this Agreement, the prevailing party shall recover from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement or otherwise in connection with any lawsuit, arbitration or other legal proceeding related to or arising under this Agreement.
10. SUSPENSION OR CANCELLATION OF THE AGREEMENT: Subscriber agrees that YANA MEDICAL may stop or suspend monitoring service for any of the following reasons: (a) strikes, severe weather, earthquakes or other such events beyond our control that effect the operations of the Monitoring Center or so severely damage Subscriber premises that continuing service would be impractical. (b) There is an interruption or unavailability of the telephone service between the System and the Monitoring Center. (c) YANA MEDICAL is unable to provide service because of some action or ruling by any government authority. (d) Subscriber becomes a debtor in a bankruptcy proceeding.
11. ASSIGNMENT: This Agreement may NOT be assigned by Subscriber except with written consent of YANA MEDICAL. This Agreement may be assigned by YANA MEDICAL to a financial institution or any other personal emergency services provider at any time.
12. DISCLAIMER AND LIMITATION OF LIABILITY: Subscriber understands and agrees that YANA MEDICAL is NOT an insurer and that insurance, if any, covering personal injury or other personal claims and property loss or damage on Subscriber’s premises shall be obtained by Subscriber in such amounts and covering such perils as Subscriber may determine; that the amounts being paid to YANA MEDICAL are based on the value of the Service and not on the amount of potential loss, and such amounts are not sufficient to guarantee that no loss will occur; that YANA MEDICAL is NOT assuming responsibility for any losses which may occur even if due to YANA MEDICAL’s negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes all risk of loss or damage to premises or the contents thereof, or personal injury.
YANA MEDICAL MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SERVICE AND THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY TO YANA MEDICAL, RESONSENOW’S MAXIMUM LIABILITY ARISING OUT OF THE PROVISION OF THE SERVICE, INCLUDING THE EQUIPMENT, OR ITS USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, LIMITED TO THE MAXIMUM SUM OF $1,000. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO A FAILURE OF THE SERVCE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. IN NO EVENT SHALL YANA MEDICAL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION OF LIABILITY FOR AN ADDITIONAL PERIODIC CHARGE. If Subscriber elects this option, YANA MEDICAL will attach a rider to this Agreement which will set forth the amount of the limitation of liability and the amount of the additional charge. Agreeing to the higher limitation of liability does not mean that YANA MEDICAL is an insurer.
13. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION. Subscriber agrees to indemnity and hold harmless YANA MEDICAL, its employees and agents from and against all and any claims (including by third parties), lawsuits and losses alleged to be caused by YANA MEDICAL’s performance, negligent performance or failure to perform its obligations under this Agreement. If anyone other than Subscriber asks YANA MEDICAL to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) YANA MEDICAL’s breach of this Agreement or a failure of Equipment or Service, (ii) YANA MEDICAL’s negligence, (iii) any other improper or careless activity of YANA MEDICAL in providing Equipment or Service, or (iv) a claim for indemnification or contribution, Subscribers agrees and will pay to YANA MEDICAL (a) any amount which a court or other tribunal orders YANA MEDICAL to pay or which YANA MEDICAL reasonably agrees to pay, and (b) the amount of YANA MEDICAL’s reasonable attorneys' fees and any other losses or costs that YANA MEDICAL may pay in connection with such third-party claim or dispute. Unless prohibited by Subscriber’s property insurance policy or other insurance, Subscriber agrees to release YANA MEDICAL from any claims of any parties suing through Subscriber’s authority or in Subscriber’s name, such as Subscriber’s insurance carriers, and Subscriber agrees to defend YANA MEDICAL against any such claim. Subscriber will notify Subscriber’s insurance carrier(s) of this release.
14. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL. Both YANA MEDICAL and Subscriber agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. In addition, any such legal proceeding shall not be heard before a jury. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL.
15. ENTIRE AGREEMENT/MODIFICATION/CHOICE OF LAW: This Agreement shall constitute the entire Agreement between Subscriber and YANA MEDICAL. No person installing, servicing or otherwise dealing with Equipment is or shall be authorized to act for or bind YANA MEDICAL. This Agreement supersedes all prior representations, understandings or agreements between the parties. This Agreement may only be modified in writing signed by both parties. The parties agree that this Agreement will be governed by the laws of the State of Pennsylvania.