Rauch Monitoring, a corporation organized for profit, respects the privacy of every user who visits our website, located at http://www.rauchguardian.com. This includes all pages and services contained within the website.
Your privacy concerns are very important to us. This Privacy Policy demonstrates our commitment to you, the user. The following contains the information-gathering and dissemination practices we use while you are visiting our website. Rauch Monitoring will not use any personally identifiable information of a user from the site in any manner other than as specified in this Privacy Policy.
We do not collect or store personally identifiable information about you unless you have knowingly and willingly provided such information. This information you have provided will not be made available to other organizations. Users are under no obligation to provide personally identifiable information; however, they may not be eligible to participate in certain areas of the website without such information. Any personally identifiable information received is used for the purpose of improving the content of the website, to notify users of updates to the website and to contact users for marketing purposes or provide services to users.
Rauch Monitoring will not give or sell personally identifiable information to any outside organization without the user's written or electronically indicated consent. Such information may be shared with agents or contractors of the company, but only in connection with services that these individuals perform for the website.
We use cookies on this website to authenticate your user name and password IF APPLICABLE, and to maintain the login for the duration of your visit. Cookies also allow for the user name and password to be saved on a specific computer so that information is not required to be entered each time the website is visited, if so desired.
This website may provide links to third-party websites. While visiting these sites, other parties may collect personally identifiable information about you. This Privacy Policy dees not cover the information and practices of other parties.
E-mail is not privacy protected. Messages traveling through the Internet using e-mail are subject to viewing, alteration, and copying by potentially anyone on the Intemet. We encourage the user to send confidential correspondence only through the channels provided within this website.
By of using the website, a user confirms his or her assent to this Privacy Policy. Users unwilling to accept the terms this Privacy Policy should not access the website.
Rauch Monitoring reserves the right to make changes to the website and this Privacy Policy at any time. The changes will take place upon their posting on the website. Please review the terms of the policy as often as you feel necessary. Continued use of the website will serve as your confirmation that you agree with any and all changes that occur.
Subject to the terms and conditions set forth in this Personal Emergency Response System Agreement (this "Agreement"), during the Term (as defined below) of this Agreement, Rauch Monitoring, Inc. (the "Company") will (i) provide the subscriber identified above (the "Subscriber") with the emergency response monitoring service (the "Service"); and (ii) lease to the Subscriber the equipment necessary for the Service (the "Equipment" and, collectively with the Service, the "Emergency Response System"). The Subscriber understands and acknowledges that the Service will be provided by a third-party emergency response call center (the "ERS Call Center") as an independent contractor of the Company.
The initial term of this Agreement shall be based on the length of the package purchased by user. After the expiration of the Initial Term, this Agreement will automatically and continuously renew on a month-to-month basis (each, a "Renewal Term" and, collectively with the Initial Term, the "Term"). The Subscriber or the Company may terminate this Agreement at the end of the applicable Term by sending a written a notice to the other party at least 30 days before the end of the applicable Term.
The Equipment shall at all times remain the property of the Company. The Subscriber is responsible to return all Equipment to the Company, in good and operating condition, at the Company's address set forth above, within ten (10) calendar days after the termination of this Agreement. Upon the termination of this Agreement, the Company will put a hold on the Subscriber's payment method on file in the amount of $250.00. In the event the Subscriber fails to return the Equipment within ten (10) calendar days of the termination of this Agreement, the Company will charge such payment method in the amount of $250.00 as the agreed-upon value of the Equipment.
By creating an account, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
YOU, THE SUBSCRIBER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. BY ACCEPTING THIS AGREEMENT, THE SUBSCRIBER ACKNOWLEDGES RECEIPT OF TWO (2) COPIES OF THE NOTICE OF CANCELLATION FORM.
For Subscribers located in the Florida, New York, or Kentucky, see Appendix B for additional notices.
The Subscriber agrees to use the System for medical or other similar personal emergencies only in accordance with the documentation and materials provided by the Company. During the Term of this Agreement, the Company will subcontract the Service to the ERS Call Center, which will then provide the Service to the Subscriber. The Service consists of monitoring and notification services in connection with signals sent by the System. The Subscriber will be provided with an online portal by the Company through which the Subscriber shall provide such information as may be necessary for the provision of the Services. The Subscriber shall be responsible for the accuracy of all such information and for updating all such information as necessary The ERS Call Center is hereby authorized to contact Subscriber through the System and/or any telephone numbers provided to the Company and, in its sole discretion, notify the applicable first responders. In the event a signal is received from the System, the ERS Call Center will make every reasonable effort to promptly contact the Subscriber to determine whether first responders should be notified. The Subscriber hereby authorizes first responders to access his or her residence and further authorizes other parties in control of the premises, including, without limitation, property managers, caretakers, and maintenance personnel, if any, to grant access to first responders.
The Subscriber hereby consents to the ERS Call Center intercepting, recording, retrieving, reviewing, copying, disclosing, and using the contents of all voice communications and all other forms of transmission of communication to which the Subscriber is a party for purposes of providing the Service.
The one-time activation fee and the monthly subscription fees will be charged to the Subscriber's account beginning on the date the Equipment is shipped by the Company to the Subscriber. The Subscriber shall pay the monthly subscription fee unless and until this Agreement is terminated. Balances that are over thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable by applicable law, whichever is lesser.
The Subscriber is solely responsible for the payment of all costs, fees, and expenses due to third parties in connection with the provision of the Service, including, without limitation (i) any fees or taxes of whatever kind imposed by any applicable governing authority, including, without limitation, excise, sales, and property taxes, and fees or taxes due as a result of a false alarm, police or fire response, or otherwise; (ii) any fees or expenses relating to electricity, telephone, Internet, or communication network services required for the operation of the System; (iii) any costs or expenses arising from any damage to personal or real property or personal injury arising in connection with the Service, regardless of arising from a failure of first responders to respond; and (iv) any medical or non-medical costs and/or transportation costs or expenses, including, without limitation, ambulance, police, physician, and other related assistance. If the Company or the ERS Call Center is assessed a fee and/or tax for calling the appropriate agency, authority, or entity on behalf of the Subscriber after the ERS Call Center receives a signal from the System, the Subscriber agrees to reimburse the Company and/or the ERS Call Center for any such fee and/or tax, and to have the amount charged to the Subscriber by the Company on the Subscriber's payment method on file.
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF PURCHASE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY (20) DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU MAY REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, SEND AN EMAIL TO CANCELLATIONS@RAUCHGUARDIAN.COM.
YOU MAY ALSO, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, TO:
Rauch Monitoring, Inc.
9550 South Eastern Avenue, Suite 253
Las Vegas, NV 89123
YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FROM THE DATE OF PURCHASE, AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER.
YOU MAY ALSO CANCEL THIS CONTRACT IF UPON A DOCTOR'S ORDER YOU CANNOT PHYSICALLY RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRO RATA PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED.
THIS CONTRACT OR NOTE IS FOR FUTURE CONSUMER SERVICES AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMER'S RIGHT TO CANCEL UNDER CHAPTER 2-18, F.A.C.
TO CANCEL THIS TRANSACTION, SEND AN EMAIL TO CANCELLATIONS@RAUCHGUARDIAN.COM.
YOU MAY ALSO, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, TO:
Rauch Monitoring, Inc.
9550 South Eastern Avenue, Suite 253
Las Vegas, NV 89123
I. YOU, THE PURCHASER, MAY CANCEL THIS TRANSACTION WITH OR WITHOUT CAUSE AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH BUSINESS DAY AFTER THE DATE OF PURCHASE.
II. ON AND AFTER MIDNIGHT OF SUCH SEVENTH DAY, YOU, THE PURCHASER, MAY CANCEL YOUR AGREEMENT WITH THE SELLER FOR YOU TO RECEIVE PERSONAL EMERGENCY RESPONSE SERVICE MORE THAN 30 DAYS AFTER YOUR NOTIFYING THE SELLER IN WRITING OF YOUR CANCELLING SUCH AGREEMENT, PROVIDED THAT YOU HAVE LEGALLY OBLIGATED YOURSELF TO BEGIN LIVING IN A NURSING HOME OR OTHER HEALTH-RELATED FACILITY WITHIN SUCH 30-DAY PERIOD FOR WHAT IS EXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY FOR AT LEAST 2 MONTHS, OR THAT YOU HAVE ALREADY BEGUN LIVING THEREIN EXPECTING YOUR STAY TO BE PERMANENT OR FOR AT LEAST 2 MONTHS, AND PROVIDED THAT THESE FACTS ARE VERIFIED BY YOUR DOCTOR OR BY THE NURSING HOME OR OTHER HEALTH-RELATED FACILITY.
SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THESE RIGHTS.
NOTICE OF CANCELLATION
I. YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN SEVEN (7) BUSINESS DAYS FROM THE DATE OF PURCHASE.
IF YOU CANCEL UNDER THIS FIRST RIGHT TO CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
II. IN ADDITION TO THE ABOVE RIGHT TO CANCEL THE TRANSACTION, YOU OR ANOTHER PERSON OBLIGATED FOR ANY PART OF THE PURCHASE PRICE OR PRICE FOR SUCH SERVICE MAY ALSO CANCEL YOUR AGREEMENT WITH THE SELLER PROVIDING FOR YOUR OBTAINING OF SUCH SERVICE EFFECTIVE UPON THE 30TH DAY AFTER GIVING WRITTEN NOTICE TO SUCH SELLER OR SUPPLIER OF THE SERVICE, THAT YOU HAVE LEGALLY OBLIGATED YOURSELF TO COMMENCE RESIDENCE IN A NURSING HOME OR OTHER HEALTH-RELATED FACILITY WITHIN THE NEXT 30 DAYS FOR WHAT IS EXPECTED TO BE A PERMANENT STAY OR AN EXTENDED STAY OF AT LEAST 2 MONTHS DURATION, OR THAT YOUR RESIDENCE THEREIN WITH SUCH EXPECTATION HAS ALREADY COMMENCED.
YOU MAY DO SO PROVIDED THAT IN SUCH WRITTEN NOTICE OF CANCELLATION YOU INDICATE AN INTENTION NOT TO BE BOUND, STATE THE DATE OF EXPECTED COMMENCEMENT OR DATE OF ACTUAL COMMENCEMENT OF RESIDENCE IN SUCH NURSING HOME OR OTHER HEALTH-RELATED FACILITY, THE EXPECTED DURATION OF SUCH RESIDENCE, AND THE NAME AND ADDRESS OF SUCH HOME OR FACILITY, AND PROVIDED THAT YOU INCLUDE WITH YOUR NOTICE OF CANCELLATION A SIGNED NOTE FROM YOUR PHYSICIAN OR FROM SUCH HOME OR FACILITY, OR A COPY OF YOUR AGREEMENT WITH SUCH HOME OR OTHER FACILITY, VERIFYING THAT YOU HAVE SATISFIED THE TERMS DESCRIBED HEREIN FOR CANCELLATION. IF YOU HAVE SATISFIED THESE CONDITIONS, CANCELLATION UNDER THIS SECOND RIGHT OF CANCELLATION WILL BE EFFECTIVE ON THE 30TH DAY AFTER SUCH WRITTEN NOTICE IS GIVEN BY FIRST-CLASS MAIL ADEQUATE POSTAGE PREPAID AND PROPERLY ADDRESSED TO THE SELLER.
TO CANCEL YOUR AGREEMENT UNDER THIS SECOND RIGHT TO CANCEL, SEND THE ABOVE-DESCRIBED WRITTEN NOTICE TOGETHER WITH ALL REQUIRED SUPPORTING INFORMATION BY FIRST-CLASS MAIL ADEQUATE POSTAGE PREPAID TO THE NAME AND ADDRESS OF SELLER STATED BELOW.
IF YOU CANCEL, WHETHER UNDER THE FIRST OR UNDER THE SECOND RIGHT TO CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY DEVICE DELIVERED TO YOU UNDER THIS CONTRACT OR SALE AND NEEDED TO RECEIVE SUCH PERSONAL EMERGENCY RESPONSE SERVICE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE DEVICE AT THE SELLER'S EXPENSE AND RISK.
IF YOU FAIL TO MAKE THE DEVICE AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE DEVICE TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, SEND AN EMAIL TO CANCELLATIONS@RAUCHGUARDIAN.COM.
TO CANCEL THIS TRANSACTION UNDER YOUR FIRST RIGHT OF CANCELLATION STATED FIRST ABOVE, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO:
Rauch Monitoring, Inc.
9550 South Eastern Avenue, Suite 253
Las Vegas, NV 89123
You, the Subscriber, have the option to designate in this Agreement (i) a 911 center, public safety answering point, or communications center in the municipality from which the alarm is received (the "Municipal Response Agency") as the first and primary responder in the event the ERS Call Center receives an emergency alarm from you; or (ii) that upon the ERS Call Center's receipt of an emergency alarm from you, the ERS Call Center will first attempt to telephone you to solicit a verbal response and, failing to obtain a verbal response, then to call the Municipal Response Agency.
If you do not designate a Municipal Response Agency as the primary responder, the Municipal Response Agency shall become the default secondary responder after one attempt to notify all other responders designated by you.
Please inform Rauch Guardian as to which one of the following options you choose:
1) I, the Subscriber, designate the Municipal Response Agency as the first and primary responder in the event the ERS Call Center receives an emergency alarm from me.
2) Upon the ERS Call Center's receipt of an emergency alarm from me, the ERS Call Center will first attempt to telephone me to solicit a verbal response and, failing to obtain a verbal response, then call the Municipal Response Agency.