DailyCareCalls Service Terms and Conditions
Highland
Communications Corporation thanks you for choosing Daily Care Calls. We
are pleased to
provide our service to you (the "Customer") subject
to these Terms and Conditions.
These Terms
and Conditions are subject to change without notice by posting the changes
to our Web
site. These Terms and Conditions and the enrollment
form you will be asked to complete and submit create the "Agreement” between
you and DailyCareCalls.
1. Service. DailyCareCalls' singular obligation under this agreement is to
provide computer generated scheduled telephone calls pursuant to the Acceptable
Use Policy included in these Terms and Conditions. DailyCareCalls will use
commercially reasonable efforts to cause scheduled telephone calls to be completed
within sixty minutes of the scheduled time of the telephone call. If a Check
in call (user calls in to DailyCareCalls) or a Scheduled Call are not answered,
or are answered and the Callee does not press one or presses two, DailyCareCalls
will use commercially reasonable efforts to cause, a Notification Call to be
completed within reasonable amount of time to the first Assistance Contact.
2. Acceptable Use Policy.
The DailyCareCalls service relies upon a CareCall Profile completed by
the Customer. The customer will need to update the profile
as often as needed to make the service usable. Pursuant to the directions
contained in the CareCall Profile, DailyCareCalls uses commercially reasonable
efforts
to cause a computer generated telephone call (the "Scheduled Call")
to be directed to a recipient (the "Callee") at a time, and on
the days, specified by the Customer on the CareCall Profile.
Upon answering the scheduled telephone call, the Callee is offered a choice:
Press One, to indicate contact is not required; Press Two, to indicate contact
is required.
If the Scheduled
Call or the Follow-up Call: is not answered, is answered and the Callee
does not Press One; or if the Callee presses two DailyCareCalls
will use commercially reasonable efforts to complete a computer generated
telephone notification call (the "Assistance Call") as soon as possible, using
commercially reasonable standards, thereafter to a designees (the "Assistance
Contacts") specified by the Customer on the CareCall Profile and indicate
to the Assistance Contacts, that the Callee has not answered the computer
generated telephone call and pressed one, or has indicated by pressing two
that the Callee
would like to be contacted.
3. Term.
The term of this agreement is thirty days, subject to the provisions of
the cancellation policy. At the end of a Service Term, the said Service
Term shall automatically renew and be extended for an additional one-month
term (each a "Renewal Term") unless the Agreement or the specific
DailyCareCalls service is terminated in accordance with the Agreement. At
the end of each renewal term, an additional renewal term will commence unless
the
specific DailyCareCalls service is terminated in accordance with the Agreement.
At the commencement of or during any Renewal Term for a specific DailyCareCalls
service, DailyCareCalls reserves the right to change without notice any Fees
to DailyCareCalls' then current month to month rates for that DailyCareCalls
service. HOWEVER, DailyCareCalls may otherwise terminate your subscription
at any
time and for any reason. DailyCareCalls reserves the right to terminate this
agreement and to deactivate the DailyCareCalls service at its discretion, but
shall not unreasonably do so.
4. WARRANTY DISCLAMER; LIMITATIONS OF LIABILITY
a. EXPECT AS EXPRESSLY PROVIDED HEREAFTER, DAILYCARECALLS MAKES NO WRITTEN
ORAL OR IMPLIED REPRESENTATIONS OR WARRANTIES OR ANY KIND OR NATURE RELATING
TO ITS SERVICES.
b. DailyCareCalls shall use commercially reasonable efforts to provide the
DailyCareCalls services and to meet any service level objectives set forth
in this Customer Agreement or in any other documentation provided by DailyCareCalls.
c. Customer acknowledges that DailyCareCalls does not warrant un-intercepted,
uninterrupted or error free DailyCareCalls services, including but not limited
to a third party intercepting the call made by DailyCareCalls and indicating
a positive response to that call, and that DailyCareCalls does not warrant
the availability, accuracy or any other aspect of the DailyCareCalls services.
d. The warranties provided in the Agreement are in lieu of all other warranties
and conditions. The Customer hereby waives all other warranties and conditions,
express, implied or statutory, including any warranty of merchantability, fitness
for a particular purpose, or availability or reliability of the DailyCareCalls
services.
e. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS OR ANY OTHER AGREEMENT,
DAILYCARECALLS SHALL NOT BE LIABLE TO ANY PARTY TO THIS OR ANY OTHER AGREEMENT
OR TO ANY THIRD PARTY FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL,
INCIDENTAL, DIRECT OR INDIRECT DAGAGES RELATED TO THE AVAILABILITY OR ACCURACY
OF ITS SERVICES, INCLUDING ACCIDENTS, INJURIES, MEDICAL LIABLITY OF ANY KIND,
REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER ASSERTED UNDER THEORY OF BREACH
OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, NOTWITHSTANDING
THE ESSENTIAL PURPOSE OF ANY REMEDY.
f. LIQUIDATED DAMAGES: IN THE EVENT THAT ANY PORTION
OF THIS AGREEMENT WERE TO RESULT IN LIABILITY TO
DAILYCARECALLS, DAMAGES SHALL BE LIMITED TO ONE (1)
MONTH OF FEES FOR THE SERVICES PROVIDED TO THE
CUSTOMER.
5. CHOICE OF LAWS: MINNESOTA
a. This Agreement will be governed by and construed and enforced bin accordance
and subject to the internal laws and decisions of the State of Minnesota, regardless
of its
or any other jurisdictions conflict of laws provisions.
b. Venue for any dispute arising from or related to this Agreement shall be
exclusively vested in the state and federal courts located in the State of
Minnesota. The parties
voluntarily and irrevocably submit to the jurisdiction of the state and federal
courts of the State of Minnesota, and waive any objection or defense, whether
procedural or
substantive based upon improper or inconvenient venue, lack of personal jurisdiction
or similar arguments.
