Push Button Care Terms of Service Agreement
THE SERVICES PROVIDED BY OVERSIGHTMD INC. PUSH BUTTON CARE DO NOT INCLUDE MEDICAL SERVICES OR ADVICE. SUBSCRIBER SHOULD CONSULT WITH AN APPROPRIATELY TRAINED MEDICAL PROFESSIONAL OR MEDICAL PROVIDER FOR ALL CONCERNS THAT REQUIRE MEDICAL ADVICE. AS PART OF THE SERVICES, OVERSIGHTMD COLLECTS INFORMATION ABOUT THE CARE RECIPIENT, INCLUDING INFORMATION THAT THE CARE RECIPIENT/SUBSCRIBER PROVIDES, AND TRANSMITS THAT INFORMATION TO SUBSCRIBER AND OTHERS AS AUTHORIZED BY SUBSCRIBER. ALL INFORMATION IS COLLECTED AND TRANSMITTED FOR SUBSCRIBER’S CONVENIENCE ONLY, AND OVERSIGHTMD IS NOT RESPONSIBLE FOR TAKING ACTION ON ANY INFORMATION THAT WE COLLECT OR OBSERVE.
That for the considerations and covenants hereinafter specified, the parties hereto, their heirs, successors and assigns do mutually covenant and agree as follows:
- OversightMD is a software and services company that provides non-medical services in the home.
- Subscriber is you, the person that is subscribing to these Services.
- Terms and Conditions are these terms under which You the Subscriber are subscribing to the Services.
- OverSightMD agrees to (a) furnish and pre-program to Subscriber a Medical Alarm System (the “System”) hereinafter defined, monitor same on the terms and conditions herein provided, (b) provide non-emergency remote support services pursuant to the terms and conditions further defined in Exhibit A, and (c) grant you access to the OverSightMD Personal Health Record App pursuant to the terms and conditions further defined in Exhibit B (collectively the “Services”). The parties hereto agree and understand that all equipment shall remain the personal property of OverSightMD.
- The monthly monitoring contract will automatically renew unless either party gives written notice of its intent to cancel. I understand there is no minimum monthly term for service and if I cancel, I am entitled to a full refund for any unused prepaid monitoring. Failure to return all equipment in satisfactory condition will result in a charge of $350.00. You acknowledge that if you damage or destroy the equipment you will be required to pay the full replacement cost of the equipment or a replacement fee of $350.00 whichever is greater. In addition, your account will continue to be billed for Mobile Support and/or for Chronic Care Wellness Plan subscription(s) at your current subscription rate until our unit(s) is/are returned in good working order. For any lost or stolen equipment, you agree to pay for any replacement at the then current replacement price. Prices are subject to change.
- AUDIO LISTEN IN AND FORCIBLE ENTRY: The System includes two way voice and is meant to be heard under optimal conditions throughout most of the house. In the event that the two way audio is not clear, or the central station does not hear audio, subscriber authorizes OverSightMD and central station to follow emergency response procedures. OverSightMD will notify 911 first, unless otherwise told in writing. Subscriber authorizes OverSightMD in its sole discretion to authorize forcible entry to gain access to Subscriber’s premises in the event the System emits a signal to the Central Station and the Subscriber cannot be heard through the unit’s microphone nor does the subscriber answer the telephone. Subscriber does hereby release OverSightMD and Central Station from any and all liability whatsoever as a result of said forcible entry.
- ALERT 911 UNIT: If Subscriber chooses to add an Alert 911 unit, it is understood that this product calls 911 direct and subscriber must be able to give their name and location to the 911 operator. There is no GPS locator. All other Terms and Conditions below apply.
- MOBILE ALERT SYSTEM: If you have our Mobile Alert System, monitoring service will not begin and OverSightMD and the Central Station will have no obligation to notify emergency personnel or other persons identified as emergency contacts until (1) OverSightMD has received your emergency contact information and (2) you have called to activate system and sent a test signal from the system which was successfully received by the Central Station. Please note you must have adequate AT&T cellular coverage in the area where system is being used. You are responsible for testing your mobile device everywhere you go. Subscriber also understands that their physical location will be used in connection with providing the service and that authorized caregivers may request your current location via our secure web portal. You hereby agree that OverSightMD and the Central Station may provide the Responders and any other necessary third parties, as determined by us and the Central Station in our reasonable discretion, with access to your physical location. You hereby release OverSightMD and the Central Station of all liability which may arise out of disclosure of such information to Responders and any other necessary third parties.
- MEDICAL OR RELATED EXPENSES: In the event the Subscriber utilizes the System by giving the Central Station a signal, the Subscriber does hereby authorize OverSightMD to seek to notify or obtain assistance. The Subscriber shall be obligated for and agrees to pay any costs and expenses incurred including, but not limited to, ambulance, physician or other medical assistance in obtaining assistance, or cost whatsoever incurred as a result of the Subscriber’s use of the System.
- OPTION TO UPDATE MEDICAL DATA INFORMATION: At the option of the Subscriber, the Subscriber shall communicate by telephone or in writing with the Central Station for the purpose of verifying medical data information on file at the Central Station and updating said information, if necessary.
- AUTHORIZATION TO OverSightMD: The Subscriber agrees to supply 24-hour 110 volt circuits as required to power the system, and the appropriate telephone service or any other equipment that may be deemed necessary by OverSightMD. OverSightMD shall not be responsible for any costs of part and/or labor associated with adapting the Subscriber’s telephone systems for use with the System. If the Subscriber should change their telephone service to Voice Over Internet Protocol (VOIP) or anything other than a traditional landline carrier,OverSightMD Inc. must be notified and a test signal must be sent after conversion. OverSightMD Inc. is not responsible for interruptions in service due to failure by any third party providers.
- INTERRUPTIONS IN SERVICE: OverSightMD assumes no liability for delays in equipment installation, interruption of services due to strikes, riots, floods, fires, acts of God, mechanical or electrical equipment failures, or any cause beyond the control of OverSightMD, and will not be required to supply service which said interruption may continue.
- MISUSES AND ABUSE OF SYSTEM: In the event the Subscriber violates any part of this agreement, misuses or damages the System or causes an excessive number of false alarms, OverSightMD may suspend all service and terminate this agreement upon giving thirty (30) days written notice to the Subscriber.
- SOFTWARE LICENSE. OversightMD provides these additional terms and conditions govern the license of and access to (a) the OverSightMD software and platform, including the Personal Health Record App, including any internet or mobile site or application, if any; (b) the OverSightMD dashboards, reports and analytics as provided as part of the Software to you (collectively, the “Software”). Subject to this Terms of Service, OverSightMD grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Software in the United States; (b) enter the relevant patient data into the Software; and (c) access the Software to view reports, analytics and receive notifications based on the patient data. The Software is licensed, not sold, and OverSightMD retains and reserves all rights not expressly granted in this Terms of Service. You expressly acknowledge that OverSightMD retains all worldwide right, title and interest in and to the Software and all derivative works thereof, including all intellectual property rights therein. You agree not to do anything inconsistent with such OverSightMD ownership, including without limitation, challenging OverSightMD’s ownership of the Software, patents, copyright, trademarks and Services.
- NO WARRANTY OR REPRESENTATION: OVERSIGHTMD DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, SERVICES OR SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE SYSTEM WILL PREVENT PERSONAL INJURY, LOSS OF LIFE OR PROPERTY, OR DAMAGE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. OVERSIGHTMD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SUBSCRIBER HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY. THE SUBSCRIBER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY OVERSIGHTMD OR ITS AGENTS, SERVANTS OR EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS INCLUDED IN THE AGREEMENT IN WRITING.
- TESTING OF THE SYSTEM: The parties hereto agree that the equipment is in the exclusive possession and control of the Subscriber and that it is the Subscriber’s sole responsibility to test the operation of the equipment and to notify OverSightMD, in writing, if any equipment is in need of repair or service. OverSightMD shall not be required to service the equipment unless it has received such written notice from the Subscriber. The Subscriber further acknowledges that the System may be dependent upon the proper functioning of a battery. If the battery needs service, the Subscriber must notify OverSightMD in writing. OverSightMD shall have a period of forty-eight (48) hours after such written notice within which to provide service exclusive of weekends and holidays. In the event Subscriber moves the System from the location where it is originally installed, or in case any utility such as the telephone OverSightMD or power supplier make any repair or interrupts service, Subscriber agrees to immediately notify OverSightMD and to retest the System, as herein above provided, without delay.
- RIGHT TO SUBCONTRACT CENTRAL STATION SERVICE: OverSightMD may in its sole and absolute discretion, subcontract for the provision of Central Station Services under this agreement. You acknowledge and agree that the provisions of this agreement inure to the benefit of and are applicable to any third party Central Station engaged by OverSightMD to provide this service set forth herein to you, and bind you to such Central Station Subcontractor with the same force and effect as they bind you to OverSightMD.
- SELF-PROTECTION/SUBSCRIBER’S DUTIES: The Subscriber understands that the Services and System is used to help the Subscriber protect his or her person. It does not assure such protection. Subscriber is encouraged to and agrees whenever practical to use all other safety and medical devices and techniques available to the Subscriber for such protection. Available devices and techniques are too numerous to list, but include (a) basic health precautions; and (b) adherence to physicians’ directions and recommendations. The Services do not include medical care of any kind, including emergency care.
- SYSTEM USE/SUBSCRIBER’S DUTIES: The Subscriber understands that certain laws, rules, regulations and ordinances imposed by governmental authorities, utilities, businesses, homeowners associations, and/or other entities may affect the Subscriber’s rights in relation to the installation and service of the system. The Subscriber agrees to obtain and maintain current status of all licenses or permits or other authorizations necessary for the installation and use of the System. The Subscriber shall carefully use the System and instruct all members of his household and other potential users in the proper use of the System.
- PHYSICAL RESPONSE: The Subscriber is advised that certain areas of the country have in existence requirements that when an alarm monitoring service reports a medical alarm to a responding agency, that it must also report such alarm to an entity available twenty-four hours each day which is contractually obligated to respond to the emergency within one hour or within another designated time.
- SUBSCRIBER AGREES AND UNDERSTANDS:
- THAT OVERSIGHTMD IS NOT A MEDICAL SERVICES PROVIDER;
- THAT OVERSIGHTMD IS NOT AN INSURER AND THAT SUBSCRIBER MUST HAVE INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES;
- THAT THE OVERSIGHTMD SOFTWARE AND SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND THAT OVERSIGHTMD MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE SOFTWARE OR SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR SOFTWARE PROVIDED HEREUNDER;
- THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS BEING CHARGED BY OVERSIGHTMD ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR;
- THAT OVERSIGHTMD DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF COMPANY’S REQUIREMENTS OR THAT THE USE OF SUCH LICENSED SOFTWARE OR SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE.
- THAT OVERSIGHTMD IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF OVERSIGHTMD OR ITS AGENTS, CONSULTANTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS OR SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE OF THE EQUIPMENT TO PERFORM, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SERVICES, SOFTWARE, SYSTEM OR ANY CENTRAL STATION;
- THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF OVERSIGHTMD FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, OR RESULTS FROM THE REMOTE PROGRAMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF THE SYSTEM, SOFTWARE, PROVISION OF SERVICES OR EQUIPMENT OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF OVERSIGHTMD AND/OR ITS AGENTS, CONSULTANTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR DISTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250.00, AND THIS LIABILITY SHALL BE EXCLUSIVE.
- IN THE EVENT THAT THE SUBSCRIBER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUBSCRIBER MAY, AS A MATTER OR RIGHT, OBTAIN FROM OVERSIGHTMD A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD OVERSIGHTMD AS AN INSURER.
- Subscriber agrees to indemnify, defend, waive jury trial and hold harmless OverSightMD from and against all notices, claims, demands, liabilities, damages, losses, expenses, including attorneys fees and lawsuits which may be asserted against or incurred by OverSightMD by or due to any person(s) not a party to this Agreement, including Subscriber’s insurance or bonding OverSightMD, for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording of communications, operation or non-operation of the equipment, System or central station facilities, Software or Services, whether due to the sole, joint or several negligence (including gross negligence) of OverSightMD or its agents, servants, employees, officers, directors, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
- FULL AGREEMENT: This agreement constitutes the full understanding by and between the parties hereto, and may not be amended or modified except in writing signed by both parties. FOR SERVICE PROVIDERS ONLY: If you are a Service Provider and you have contracted directly with OverSightMD, than the terms and conditions of the written agreement will control in the event there is any conflicting terms between this online terms of service and the written agreement.
- ASSIGNMENT: It is specifically agreed that the Subscriber shall not be permitted to assign this agreement without the prior written consent of OverSightMD, and any such assignment without such prior approval shall be deemed a breach of this agreement. OverSightMD shall have the right to assign this agreement to any other OverSightMD engages in the business similar to that of OverSightMD and upon such assignment shall be relieved of any obligations created therein.
- INVALID PROVISIONS: In the event that any of the terms or provisions of this agreement shall be invalid or inoperative, all of the other terms thereof shall remain in full force and effect.
- OverSightMD may modify these Terms, including the rates it charges you, by providing written notice to you which may be conveyed via email, postal mail or by providing a notice to this website. If you do not want to be bound by the modified terms, then you must stop using the Software, Services and System and return any equipment provided to you, the Subscriber. Because our Service is evolving over time we may change or discontinue providing the Services, at any time and without notice.
- RIGHT OF CANCELLATION: YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
- GOVERNING LAW: This Agreement shall be governed by the laws of the State of California IN WITNESS WHEREOF, the parties have agreed to all of these terms and conditions as of the date on the agreement.
Push Button Care
Non-Emergency Remote “Services” Specifications
Virtual Personal Health Assistant
- Service recipient may activate support by pushing the button on the mobile support pendant, calling on the phone or accessing PushButton Care™ using the computer, internet access required.
- OverSightMD can help a Service recipient:
- Schedule visits with a primary care physician or specialists*.
- Coordinate transportation, meal services, home maintenance and other services* (this is a nationwide service).
- Recommend hospitals, skilled nursing facilities, home health care and in-home care services, while at home or travelling* (this is a nationwide service).
- Provide local senior services directory information and year-round activities reminders when information is available.
- Recommend local service providers for home maintenance, home cleaning, transportation and other senior support services.
- Provide quality reports on local skilled nursing facilities, home health agencies and in-home care companies.
* counts towards Personal Assistant tasks allowed per month
Aging in Place Advisor
- OverSightMD provides the following:
- An Aging in Place Assessment with yearly advisor consultation for a personalized Aging in Place Plan.
- Monthly, quarterly, and yearly home maintenance tracking & authorized local service provider recommendations when available.
- Home safety checklist and recommendations for safer Activities of Daily Living (ADLs).
- Aging in Place home safety and smart home product recommendations when requested.
- Seasonal emergency preparedness checklist when requested, routine reminders & wellness check-ins for local emergencies.
Wellness Nurse Review
- Monthly health review with a nurse to discuss vitals (BP, temp, pulse), changes in condition and other concerns
- Discussion about any daily living needs that are not being adequately met
- Personalized preventive care review based on current & past medical history client has entered into the Push Button Care™ system
- Care coordination and oversight of post-hospital stay and care received
- Notification to primary point of contact(s) during an emergency situation
- Information about local service providers to plan transition and discharge from hospital or post-acute facility
- Coordination of Durable Medical Equipment (DME) delivery and problem resolution if necessary
- Review of discharge planning checklist to ensure care transition is well organized and supports quality outcomes
Health & Wellness Guide
- OverSightMD may provide online health and wellness shared through an online guide.
- OverSightMD may provide access to up-to-date health and wellness topics.
Preventative Care Reminder Services
- Based on information supplied by Service recipient, OverSightMD will provide yearly reminders for preventative care (i.e., exams, labs & radiology if the client has provided necessary data in the PHR)
- Based on information supplied by Service recipient, OverSightMD will provide Service recipient or authorized contact with follow-up appointments with a primary care physician or specialist
- Based on information supplied by Service recipient, OverSightMD will provide reminders to Service recipient when requested to stay active with local activities calendar and schedule
- OverSightMD may provide access a healthy eating guide for older adults, when applicable.
Home Safety Checklist
- When requested, OverSightMD will provide a home Safety Checklist and home safety product recommendations.
Remote Wellness Monitoring Devices – Due to Covid-19 pandemic some monitoring may not be available
During the contracted term of service pursuant to this Agreement, OverSightMD may provide remote wellness monitoring devices that are provided as part of the Chronic Care Wellness Support Service. The wellness monitoring devices are provided as part of the Service only and must be returned to OverSightMD when the Service is terminated. Some monitoring devices have direct Bluetooth links to the cellular communication hub that is included in the kit allowing health vitals to be automatically uploaded into the PushButton Care™ platform and individual registered user account and personal health record. The cellular communication hub that transmits these vitals can also be used as a 24/7 emergency help button. All Remote Wellness Monitoring Devices remain the property of OverSightMD and must be returned to OverSightMD at the conclusion of the provision of Services.
Chronic Care Wellness Support Kit
- Communication Hub with Medical Alert (the “Hub”) (remains the property of OverSightMD and must be returned upon the termination of the Agreement)
Wellness Monitoring Devices may include:
- Bluetooth Blood Pressure Cuff
- Bluetooth Pulse Oximeter (As of 03/28 Out of Stock; unlikely to be available until Fall 2020 due to Covid-19 pandemic)
- Bluetooth Weight Scale (one of the following depending on weight)
- Standard Weight Scale OR
- Large Capacity Weight Scale
PushButton Care™clients receive Wellness Nurses support whether they (1) using the PushButton Care Bluetooth kit (Communication Hub with Medical Alert plus Bluetooth Monitoring Devices or (2) are using their own equipment to self-report health vitals through the PushButton Care™ app.
After licensing the PushButton Care™ Chronic Care Wellness Support, our team will contact you to discuss your needs and design a customized kit based on your individual care needs.
OverSightMD Personal Health Record App (the “Software”)
Vital Signs & Symptoms Tracking Service
- Service recipient will have access to PushButton Care™ app on a mobile phone, tablet or computer. Internet required, not supplied by OverSightMD.
- Service recipient self-reports blood pressure, pulse, weight, oxygen level and health-related symptoms and notes regarding changes in condition using the online PushButton Care™ web application. For this package Service recipient must bring their own device(s).
- OverSightMD platform tracks Service recipient provided data, analyzes the data and takes action pursuant to predefined protocols.
Family Dashboard within the Personal Health Record
- Service recipient can authorize family members to access the Personal Health Record using a compatible web browser on a computer, tablet or mobile phone, internet required.
- Service recipient authorized family members may add, edit and view medical history, past hospitalizations, allergies, current medications, and social and mental health history using a compatible web browser on a computer, tablet or mobile phone, internet required.
- Service recipient vital signs data is graphed to show baselines and identify trends.