With your new 5Star Urgent Response service , you will receive
immediate, reliable access to our Certied Response Agents
who are trained to provide help in any situation – 24 hours a day,
7 days a week.
®
IMPORTANT!
If you purchased 5Star Urgent Response for
a family member, or you are a caregiver, you
should add the GreatCall Customer Service
number (1-800-463-5412) to your personal
We welcome your feedback anytime. If we can help you be more
prepared, please write us at GreatCall Customer Service,
P.O. Box 4428, Carlsbad, CA 92018, email us at:
customerservice@greatcall.com or call us at 1-800-463-5412.
contact list or cell phone.
You should store this phone number because
there may be some unique circumstances
when you will need to contact GreatCall Cus-
Best Regards,
Your Friends at GreatCall
tomer Service in case of an emergency. The
5Star Response Center can only be contacted
through The 5Star device.
Accessory Clip – Allows you to attach the device to a purse,
backpack, or other items.
8
Charging Contacts – Allows charging with the supplied
Charging Cradle.
9
Accessory Slot – Allows you to attach accessories such as a
clip or keychain for carrying.
10
Serial Number – This number is used for activating the device
for the rst time.
11
Reset Button – ONLY use if you are instructed to do so by a
GreatCall Customer Service Representative.
Page 10
1617
NOTE
NOTE
By design, there is no volume control. If you are
in a location where the device’s sounds may be
disruptive, like a movie theater, you may want
to turn off your device. Make sure to turn it back
on afterwards in case you encounter an unsafe
To help make the service more convenient for
you, we also offer other accessory options like a
portable car charger and a carrying case. To learn
more or purchase, go to www.greatcall.com or
call Customer Service at 1-800-463-5412.
situation. If you are in a noisy area, you will need
to move the device closer to your ear or to your
mouth.
To ensure that your activation process goes smoothly, you will
need to have the following personal information ready when
activating your service. You can take a note of your emergency
contacts and device Serial Number provided at the beginning of
this guide.
• Your name, address and phone number (your address must
be a physical, U.S. based address, not a Post Ofce Box)
• The billing address, if different from your physical address
• Your email address
• A valid credit card or debit card
• Name and phone number of at least one emergency contact
• The 7-digit Serial Number located on the back of the device
(Note: the entire 11-digit serial number is also located on
the side of the box. When using this number please only
use the last 7 numbers for activation.)
STEP 2 – Go online or call to set up your account.
Online Method:
The best way to set up your account is online at:
www.greatcall.com/5StarActivate.
There will be a discount on
your activation fee for activating online.
1. Enter device Serial Number and account information.
2. Enter all required payment information.
3. Enter an emergency contact.
4. Review customer emergency contact, charges and payment information.
5. Conrm account setup.
6. Make sure to make a note of your account number. You can
take a note of your account number on the rst page of this
Page 13
2223
User Guide.
Phone Method:
If you are an existing GreatCall customer and would like to add
a 5Star to your account, do not have access to the Internet, or
you need to activate more than one device, call 5Star Activation
toll-free at 1-800-675-0158. Be sure to have your information
from STEP 1 handy.
“Setting up device, please wait” followed by “Welcome to
5
Star” within a few minutes.
3. The Service Indicator in the middle of the Call Button will
begin blinking green, indicating the device is working
properly.
4. Once the device is turned on, you will soon receive a phone
call on The 5Star conrming activation. Simply press and
release the Call Button rmly to answer the call.
STEP 3 – Turn on The 5Star to activate.
Now that your account is set up, The 5Star can be turned on for
Congratulations! The 5Star service is now activated.
the rst time. To complete activation, follow these simple steps:
1. Remove the “DO NOT POWER ON BEFORE ACTIVATING”
sticker from the back of your device and press the Power
Button. DO NOT REMOVE THE SERIAL NUMBER STICKER.
2. After a few moments, you will hear a voice prompt saying
The device is not ready for use until you hear
“Welcome to 5Star” and the Service Indicator
located at the center of the Call Button is blinking
green.
If you do not hear “Welcome to 5Star” after 20 minutes, it may be necessary to reboot the device. To
reboot, press and hold the Power Button until you
hear “Powering Off”. Once the device is off, press
the power button again. You will hear “Setting up
device, please wait” repeat several times as the
IMPORTANT!
device activates. After a few minutes you will hear
“Welcome to 5Star,” conrming The 5Star has been
If you hear a voice prompt saying “Unable to
activate. See User Guide,” please call The 5Star
Activation Team at 1-800-675-0158 for assis-
tance with completing the activation process.
activated and is ready for use. If you do not hear the
“Welcome to 5Star” voice prompt after 20 minutes
again, please call the 5Star Activation team at
1-800-675-0158 for assistance.
Page 15
2627
CHAPTER 3:CHARGING THE 5STAR
It is very important to always keep The 5Star charged and with
you so that immediate access to help is readily available. Out of
the box, the device is only partially charged. It is important that
you fully charge your device after activating.
The Charging Cradle
The Charging Cradle allows a simple way of storing and keeping
The 5Star charged when not in use. The following will guide you
through how to set up and use the Charging Cradle with The
1. Determine where you would like to place your Charging
Cradle. Keep in mind the length of the Wall Power Adapter
back.
3. Place the Charging Cradle onto a at surface and plug the
Wall Power Adapter into a compatible wall power outlet.
cable and what is most convenient to you when determining a location for your Charging Cradle. DO NOT PLACE THE
IMPORTANT!
CHARGING CRADLE IN A LOCATION WHERE IT COULD GET
WET.
2. Insert the small connector of the Wall Power Adapter into
the Charging Cradle’s Power Receptacle located on the
When determining the location of your Charging
Cradle, ensure that the Wall Power Adapter cable
will not cause a trip hazard. The Wall Power
Adapter cable should not cross hallways or com-
While The 5Star device is waterproof, the
Charging Cradle is not. Do not place the Charging
Cradle in areas where it can get wet. Failure to do
so may cause an electrical shock or re hazard.
Charging The 5Star
1. Align The 5Star device with the Charging Cradle so that it
is oriented in the same way as displayed in the Position
Guide on the Charging Cradle.
2. Lower The 5Star into the Charging Cradle until the Charging
Contacts on both The 5Star and Charging Cradle make
contact. You will hear a tone from the Speaker.
grasp The 5Star and lift up and away from the Charging
Cradle. You will hear a tone from the Speaker indicating
that it is no longer charging. Unless additional charging is
required, the Battery Indicator will turn off to save power.
Inserting The 5Star to the Charging Cradle
3. The Battery Indicator will blink green during the charging
process. Once fully charged it will remain solid green.
4. To remove the device from the Charging Cradle, simply
This section will guide you through how to use The 5Star and get
the most out of the service.
Turning On The 5Star
1. Press the Power Button. The Service Indicator and Battery
Indicator will turn solid green.
2. After a few moments, you will hear a tone and a voice
prompt “Welcome to 5Star.” The Service Indicator will
begin blinking green indicating the device is powered up
and working properly.
3. If the battery is charged, the Battery Indicator will be off to
save power.
Please remember that our 5Star Agents are
helping other customers with real situations.
If you feel the need to press the Call Button to
make a test call, please wait on the line for a
5
Star Agent to answer and simply advise them
Star Agent.
2. When speaking to a 5Star Agent, hold the 5Star at a comfortable distance, at least one inch away from your mouth,
and speak normally into the device’s microphone.
3. To end the call, rmly press and release the Call Button
again. You will hear a tone and a voice prompt “Call Ended.”
you are making a test call. If you press the Call
Button and hang up, they will treat your call as
NOTE
an emergency.
If you end the call before speaking with a 5Star
Agent, you may get a call back to ensure that you
Calling the 5Star Service
1. Firmly press and release the Call Button. You will hear a
are safe.
voice prompt “Calling 5Star” and you will be greeted by a
1. If you are experiencing a critical emergency and need to
call 9-1-1 directly, press and hold the Call Button until you
The 5Star you may receive a call from a 5Star Agent to
see if you need any additional assistance. Use the Call
Button to answer if the device is ringing.
hear “Calling 9-1-1 Now,” then release the button.
2. To end the call, press and release the Call Button. You will
hear a tone and a voice prompt “Call Ended.”
• 9-1-1 Operator Call Back
If you called 9-1-1 on your device, the 9-1-1 Operator may
have the ability to call you back on The 5Star. If you receive an inbound call, the device will ring. Press the Call
Button to answer. When you are nished with your call
press the Call Button to hang up.
• 9-1-1 Call Follow Up
Connecting with Urgent Care
As a 5Star customer, you have access to unlimited health advice from experienced, registered nurses in English or Spanish,
24-hours a day, 7-days a week.
To access a live nurse:
1. Press the Call Button.
2. When a 5Star Response Agent answers, ask to be connected to “Urgent Care.”
3. The agent will connect you to a nurse.
After you end a call with 9-1-1 emergency services from
as soon as possible. You will also hear an audible tone
from the Speaker as a secondary warning that the device
needs to be charged. The audible tone will increase in
frequency as the battery level decreases further.
• Flashing Green: The battery is in the Charging Cradle and
• Flashing Red: The battery is low and needs to be charged
About the Battery Indicator
The Battery Indicator is located towards the upper right corner
of The 5Star. The Battery Indicator shows the device’s battery
strength.
• Off: The battery does not require charging or the device
is powered off. Check the Service Indicator to conrm if
The 5Star is powered on and ready to use (more details on
page --).
If you call 9-1-1 with The 5Star, a notication will
be sent to the 5Star Response Center. After your
9-1-1 call is completed, a 5Star Agent may con-
Though we have listed typical use scenarios, if you’re ever in
tact you to see if you need any further assistance.
doubt whether or not to call 5Star, simply call and a friendly 5Star
Response Agent will assist you.
If your Call to 5Star Requires Emergency Assistance
If you call 5Star and the 5Star Agent determines that you are
experiencing an emergency, the Agent will connect you directly
to 9-1-1 emergency services.
Star Agents may provide emergency services or 9-1-1 Opera-
tors with information from your Personal Prole, such as your
medications, allergies and personal contact numbers. Agents
can even conference in one of your emergency contacts to speak
with you or a registered nurse to answer your medical questions.
You can feel secure knowing an Agent will always stay on the line
with you to ensure your situation has been resolved.
MANAGING YOUR PERSONAL PROFILE
odically review the information to be certain it is still accurate.
NOTE
The 5Star service and Personal Prole is limited to one user per subscription and cannot be
shared with another person. The prole information you provide is personal to you and could be
critical in assisting you in an emergency.
To get more out of the 5Star Urgent Response service, you are
encouraged to provide as much information as possible in your
Personal Prole. The more information you provide, the better
we can assist you. You can start with basic information and
return later to update or add information. It is a good idea to peri-
Managing your 5Star Urgent Response service online is easy at
mygreatcall.com where you can:
• Manage your Personal Prole
• Manage who can locate you
• Locate your device or someone with the device
NOTE
If you do not already have a GreatCall account,
you will need to create one. Just visit mygreatcall.
com, click on “Register” and follow a few easy
steps.
The 5Star Locator Service can help you manage your personal
safety by allowing friends and family to go online and locate you
wherever you are with your 5Star. You can also nd the location
of your device if you lost or misplaced it.
1. Log onto mygreatcall.com with your email address and
password.
2. Once logged in, you will be brought to the “5Star Over-view” page.
3. Under the Locator Service section, click on the “Manage My Locators” link.
4. From the “Manage My Locators” page you will be able to
add or edit the people who are able to view your location.
5. Click on the “Add a Locator” button to add someone new.
6. Fill in the Locator’s name and telephone number, then click
“Submit.”
7. Your invitation will be emailed to that person with instructions on how to accept and use the 5Star Locator Service
online.
8. On the “Manage My Locators” page, you can review your
list of all invited locators, see whether they have accepted your invitation and revoke any person’s permission to
locate you.
9. Once they have accepted, you will be able to see who has
been trying to locate you. To view who has located you,
click on the “View History” link under the Locator Service
section and click on “Find 5Star – On Map” link.
2. You will be able to see a map on the screen showing the location and address of The 5Star.
section.
Sending a “Find 5Star” Tone to your Device
NOTE
The Locator Service will display your last known
locations. Your 5Star must be powered on and
able to get location updates.
If you are looking for a lost or misplaced device:
1. From the “5Star Overview” page, look for the Locator
Service section and click on the “Find 5Star – Ping/Page Device” link.
2. The 5Star will begin to play an audible tone which will help
you nd the device.
Finding a Person with The 5Star
1. From the “5Star Overview” page, look for the Locator Service
The tone will play for a limited time, and then
stop. Pressing the Call Button will end the tone.
2. Click “Save” and you will see the new note in the notes
listing.
Managing your 5Star Account Online
To conveniently help you manage your account, you can go to
you can enter the information you want to provide.
Recording “Just in Case” Notes
Entering notes is a very important feature. As with all location-based services, it is not always possible to get a completely
mygreatcall.com and update your billing information, home
address, phone numbers, credit card number and all other perti-
nent information.
accurate reading of your whereabouts (e.g. in an apartment
building, parking garage, or if The 5Star is off). It is a good habit
Welcome to the GreatCall family!
to utilize the notes feature as much as possible.
1. From the “5Star Overview” page, under the “Just in Case Notes” section on the right side of the page, click on the
“Add a New Note” link. You’ll see a pop-up window where
Welcome to the GreatCall f amily! By subscribing to the 5Star Urgent Response service, you
accept, without limitation or qualication, these terms and conditions of use. We may change
these ter ms and conditions from time to time with or without notice, and you agree to be
bound by any such changes.
PLEASE RE AD THIS DOCUMENT CAREFULLY AND KEEP A COP Y OF IT IN A SAFE PLACE. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL
AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS
IN THE PARAGR APH TITLED “HOW WE WILL RESOLVE DISPUTES: ARBITRATION AGREEMENT,
CLASS ACTION WAIVER AND FORUM SELECTION CLAUSE,” AN ARBITRATION AGREEMENT
THAT WAIVES YOUR RIGHT TO A JURY TRIAL, AND A CLASS ACTION WAIVER, A CHOICE OF L AW
PROVISION, AND A FORUM SELECTION CLAUSE.
How Your 5Star Service Works
5Star Urgent Response service is only available in the United States. 5Star IS NOT A SUBS TITUT E FOR 911, and in fact, if 5VStar conferences in 911 emergency services on your behalf,
there could be a delay in reaching 911 emergency services. The ser vice will only work if your
account is cur rent on payment and if your device is charged, tur ned on, has network access,
and the 5Star service is enabled. 5Star service may not be available in remote or enclosed areas. You agree that once you enroll in 5Star ser vice, we will be able to track your approximate
location whenever your device is turned on and that we can provide this information to third
party ser vice providers in case of an emergency or ser vice incident. However, we cannot guar-
antee that we can track your exact location and in some cases, we may only be able to provide
the information provided in your personal prole. We will only use your location information
for providing 5Star ser vice.
Your Use of 5Star Urgent Response Service
You promise not to use the 5Star service for any fraudulent, unlawful, or abusive purpose, or
in any way that interferes with our provision of services to our other customers. If you do any
of these things, you agree you will be responsible for any amount anyone else claims from us,
plus any expenses, resulting in whole or in part f rom your actions. You are solely responsible
for maintaining the content and accuracy of your personal prole with 5Star.
Your Responsibility To Pay For 5Star Service
You are responsible to pay for your 5Star service on time and (unless the law provides otherwise) in full. If you purchase a year of ser vice in advance and stop your ser vice in the middle
of the annual period, we will refund you the remaining months of the 5Star ser vice. You are
also responsible for directly paying all charges for services provided to you by others (such as
emergency service providers).
Your Responsibility To Tell Us Right Away About Disputed Charges
If you object to any fees or charges for services, you must tell us in writing within 60 days after
the fee or charge is incurred, (unless the law does not allow a limit or the law requires a longer
period), or you are waiving the dispute.
Your Responsibility To Pay For Taxes And Government Fees
Page 36
6869
You promise to pay all federal, state and local taxes, and other fees and service charges that
we are required by law to collect and remit to the government on the Ser vices we provide to
you. These charges may change from time to time without advance notice.
Your Responsibility For Others Who Use Your 5Star Service
You are solely responsible for any use of the 5Star service associated with your device, even
if you are not the one using it, and even if you later claim the use was not author ized. You
are also solely responsible for the services requested by you, or by anyone using the ser vice
through 5Star on your behalf. You agree that our agent may share your information with any
authorized person calling the ser vice on your behalf.
Ending Your 5Star Service
You can cancel your 5Star service at any time. All you have to do is call us and tell us you want
to cancel service. We will cancel the ser vice immediately and you will not be charged for any
future months.
Usage Limits
We may place usage limits for any 5Star ser vice. If we place usage limits for a 5Star service,
and you then use such ser vice more than allowed by the limit amount, we will charge you at
our then cur rent rates for your usage in excess of the limit amount. You agree that we may use
any credit or debit card or other payment account of yours that we have on le for payment of
such charges.
Your Interactions With 5Star Agents
We may record and monitor conversations between you and our agents, emergency service
providers, the police, or other third parties. Please note that our agents may also remain on
the line if they conference in a third party to assist in completing a service request. Please
understand that 5Star is not required to release any audio or physical records that are created
as part of the 5Star ser vice without a subpoena (unless otherwise required by law). We will do
our best to accommodate you if English is not your rst language and you require translation
services, but we cannot guarantee the availability or competence of a third party translator.
Reactivating Or Changing Your 5Star Service
We will only accept requests from you (or from someone we believe is your authorized agent)
to activate, cancel, or reactivate your 5Star service. If we do any of these things, you agree to
pay any charges associated with these requests. We will attempt to retr ieve your previously
stored personal prole if you reactivate your 5Star service, but we cannot guarantee our abilit y
LiveNurse, brought to you in par tnership with FONEMED®, is not a substitute for dialing 911
and should not be used in a case of emergenc y. FONEMED’s registered nurses offer advice
regarding health care decisions, but they do not prescribe medications or make diag noses. We
are not liable for any act or omission, including negligence, of any FONEMED employee. We are
not a health care provider and do not provide health care services. You should seek the advice
of your physician if you have any questions about medical treatment.
Connection To Other Ser vice Providers
Page 37
7071
Our agent s may link, conference or transfer you to other service providers such as the police,
re department, ambulance service, 911 emergency services or towing service. We’ll use
reasonable efforts to contact appropriate ser vice providers for help when you ask for it, but we
can’t promise that any ser vice provider s will respond in a timely manner or at all. Further more,
we can’t promise we will provide the best service provider or guarantee any level of service
from such service provider. The laws in some places require an emergency situation to be con-
rmed before emergency service providers will provide service. We will not contact emergency
service providers in these locations in response to your call if we cannot hear your request for
assistance or otherwise conrm that an emergency exists. We will attempt to have an agent
contact you after you have completed a 911 call to make sure that you do not need additional
assistance but cannot guarantee this service in all cases or for all devices.
About The Software
5Star ser vice requires software on your device that we may need or want to change f rom time
to time. We may do this remotely, or through a third part y service provider without notif ying
you rst. You do not own the 5Star soft ware or acquire any rights to use or modify the 5Star
software on your own.
Our Right To Terminate Or Suspend Your 5Star Service
We may terminate your 5Star service without cause, in which case we will give you notice 30
days prior to the effective date of termination after which your account will be deactivated and
your ser vice will terminate. This means that we can decide to cease providing the 5Star ser vice
to you at any time and for any reason, even for reasons unrelated to you or your account with
us. In such a case, we will refund any amounts you have paid in advance. Also, we may ter-
minate your service without prior notice to you for any good cause. This means, for example,
we can terminate your ser vice immediately if you breach any part of this agreement, don’t
pay amounts that are due to us, interfere with our effor ts to provide service, interfere with
our business, or if your 5Star service or wireless phone number is used for illegal or improper
purposes. You don’t have any right to have 5Star service reactivated, even if you cure any
of these problems. Whether we allow you to have service again will be entirely up to us. We
can suspend your 5Star ser vice for any reason. We can also suspend it for net work or system
maintenance or improvement, or if there’s net work congestion, or if we suspect your ser vice is
being used for any purpose that would allow us to terminate it.
Your Privacy
Some of our key privacy practices are outlined in this section. For a complete description of our
privacy practices, please refer to our Privacy Statement. We may update our Privacy Statement
from time to time and the updates are available at ww w.greatcall.com, or you can contact us to
request a copy.
We may collect information about you in several dif ferent ways: f rom information you provide
to us, from your use of the 5Star ser vice, from calls or emails between us, from location based
services, and from third par ty data providers. We will collect information about your location
on a periodic or regular basis.
The information we may get about you includes your contact and billing information (including
your credit card number), registr ation information, your physical locations, and information
that helps us customize our services (including your medical condition and medications).
You agree that we can, subject to applicable law, use this infor mation to provide 5Star location
Page 38
7273
based services, manage your account, conduct analysis and research, comply with legal
requirements, prevent fraud or misuse of the 5Star service, and protect our rights or proper ty
or the safety of you or others.
Warranty
We make no representation or warranty, either expressly or tacitly, for the completeness or
correctness of the service. The use of the service is at your own risk. We assume no liability
for or relating to the delay, failure, interruption or corruption of any voice, call quality, or data
transmitted on a device while using 5Star. While we strive to ensure that the service is provided without interruption and is accur ate and reliable, we make no warranties or representations
as to the accuracy, correctness, reliabilit y or otherwise with respect to the service and we
assume no liability or responsibilit y of any kind for omissions or errors in the service.
TO THE F ULLEST E XTENT PERMIT TED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTIES’ RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. Specically,
we and our afliates make no representations or warranties about the accuracy, reliability,
completeness including errors or omissions, currentness or timeliness of content, soft ware,
text, graphics, links, or communications provided on or through the use of the ser vice.
year from the date of purchase. This Limited Warranty is conditioned upon you properly using
the 5Star. This Limited Warranty does not cover: (a) defects or damage resulting from accident,
misuse, abuse, neglect, unusual physical, electrical or electromechanical stress, or modication of any part of the 5Star, or cosmetic damage; (b) equipment that has the serial number
removed or made illegible; (c) any plastic surfaces or other externally exposed par ts that are
scratched or damaged due to normal use; (d) malfunctions resulting from the use of the 5Star
in conjunction with accessories, products, or ancillary/peripheral equipment we have not
furnished or approved; (e) defects or damage from improper testing, operation, maintenance,
installation, or adjustment; or (f) installation, maintenance, and service of the 5Star.
During the applicable warrant y period, we, will repair or replace, at our sole option, without
charge to you, any defec tive component par t of the 5Star. To obtain ser vice under this Limited
Warranty, you must return the 5Star to us in an adequate container for shipping, accompanied
by your account number, sales receipt or comparable substitute proof of sale showing the date
of purchase and the serial number of the 5Star. To obtain assistance on where to deliver the
5Star, call us at 800-733-6632. Upon receipt, we will promptly repair or replace the defective
5Star. We, may at our sole option, use rebuilt, reconditioned or new parts or components
when repairing any 5Star or replace the 5Star with a rebuilt, reconditioned or new 5Star. Repaired or replaced 5Stars will be warr anted for a period equal to the remainder of the original
Limited Warrant y or for 90 days, whichever is longer.
Limited Warranty for 5Star
We warr ant to you, if you are the original purchaser of a 5Star device (the “5Star ”), that the
5Star is free from defects in material and workmanship under normal use and service for one
You and 5Star are each waiving important rights. Unless forbidden by law in a particular
instance, we each agree as follows: (1) we are not liable for the ac tions or inactions of any
service provider we contact for you, or for our inability to contact any service provider in any
Page 39
7475
particular situation, (2) we are not liable to you for any injuries to persons or proper ty arising
out of or relating to your use of the 5Star ser vice, (3) our maximum liability to you under any
theor y (including but not limited to fraud, misrepresentation, breach of contract, personal
injury, or products liability) is limited to an amount equa l to the por tion of the charges to you
for the services relating to the period of ser vice during which such damages occur, (4) unless
other wise provided in this agreement, your maximum liabilit y to us under any theory (including but not limited to fraud, misrepresentation, breach of contr act, personal injury, or products
liabilit y) is limited to any charges due and owing by you to us, (5) neither you nor we can recover punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees.
You and we agree not to make, and to waive to the fullest extent allowed by law, any claim for
damages other than direct, compensatory damages as limited in this agreement, (6) no one is
liable to you for dropped calls or interrupted ser vice, or for problems caused by or contributed
to by you, by any third par ty, by buildings, hills, tunnels, network congestion, weather, or
any other things we do not control, (7) notwithstanding anything else in this agreement, you
agree to to excuse any non-performance by us or any service provider caused in whole or
in part by an act or omission of a third party, or by any equipment failure, act of god, natural
disaster, strike, equipment or facility shor tage, or other causes beyond the control of us or our
service providers, (8) you agree that neither we nor any ser vice provider who sends you data or
information through 5Star is liable for any error s, defects, problems, or mistakes in that data
or information, and (9) you agree that the limitations of liabilit y and indemnities in this agreement will survive even after the agreement has ended. T hese limitations of liability apply not
only to you, but to anyone using the 5Star ser vice on your behalf, to anyone making a claim on
your behalf, and to any claims made by your family, employees, customers, or others arising
out of or relating to your 5Star service. Some states don’t allow an exclusion or limitation of
incidental or consequential damages or cer tain other damages, so some of the limitations
above may not apply in some situations.
How We Will Resolve Disputes:
Arbitration Agreement, Class Action Waiver and Forum Selection Clause
If you and we have a disagreement related to 5Star service or the validity of these terms of
conditions of use, we’ll try to resolve it by talking with each other. If we can’t resolve it that
way, we both agree to use condential binding arbitration, not lawsuits (except for small
claims cour t cases) to resolve the dispute. We agree that any controversy or claim between us
will be settled by one neutral arbitrator before the American Arbitration Association (“AAA”).
There’s no judge or jury in arbitration, arbitration procedures are simpler and more limited
than rules applicable in court, and review is limited. But you are entitled to a fair hearing and
the arbitrator ’s decisions are as enforceable as any cour t order.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. As
modied by these terms of conditions of use, the arbitration will be governed by the AAA’s
arbitration rules (collectively “Rules and Procedures”). We fur ther agree that: (a) the arbitration shall be held at a location determined by A AA pursuant to the Rules and Procedures
(provided that such location is reasonably convenient for you), or at such other location as
may be mutually agreed upon by you and us; (b) ANY CL AIMS BROUGHT BY YOU OR US MUS T
BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CL ASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER
ANY FORM OF A REPRESENTATIVE OR CL ASS PROCEEDING, (d) in the event that you are able to
Page 40
7677
demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation,
we will pay as much of your ling and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared
to the cost of litigation, (e) we also reserve the right in our sole and exclusive discretion to
assume responsibilit y for all of the costs of the arbitration; (f ) the arbitrator shall honor claims
of privilege and privacy recognized at law; and (g) a decision by the ar bitrator (including any
nding of fact and/or conclusion of law) against either you or us shall be condential unless
other wise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving
any other person/customer.
With the exception of subparts (b) and (c) in the paragraph above (prohibiting arbitration on
a class or collective basis), if any part of this arbitration provision is deemed to be invalid, un-
enforceable or illegal, or otherwise conicts with the Rules and Procedures, then the balance
of this arbitration provision shall remain in effect and shall be construed in accordance with
its terms as if the invalid, unenforceable, illegal or conicting provision were not contained
in these terms of conditions of use. If, however, either subpart (b) or (c) is found to be invalid,
unenforceable or illegal, then the entirety of this arbitr ation provision shall be null and void,
and neither your or we shall be entitled to arbitration.
In the event this agreement to arbitrate is held unenforceable, or in the event AAA ref uses to
arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action
between you and us shall be exclusively brought in the state or federal cour ts located in San
Diego County, California. Fur ther, in the event either you or we bring an action in a court seeking provisional interim equitable relief pending resolution of an arbitration, such provisional
interim relief must be exclusively sought in the state or federal courts located in San Diego
For more information on AAA, its Rules and Procedures, and how to le an arbitration claim,
you may call AAA at 800-778-7879, write the AAA at 1633 Broadway, 10th Floor, New York,
New York 10019, or visit the AAA website at ht tp://ww w.adr.org.
Governing Law
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of
Delaware, in accordance with the Federal Arbitration Act, without regard to its conict of law
principles, and by any applicable tariffs, wherever led.
Our Relationship With You
This agreement does not create any duciary relationships bet ween you and us. It doesn’t
create any relationship of principal and agent, partnership, or employer and employee, either.
We Can Assign This Agreement
We can assign this agreement or your obligations to pay under it in whole or in part to anyone
we choose. You cannot assign this agreement or your obligations to anyone else without our
prior written consent.
This Is The Entire Agreement
This agreement is the entire agreement bet ween you and us. It supersedes all other agreements or representations, oral or written, between us, past or present , and may not be amended except in a writing signed by 5Star. If any part of this agreement is considered invalid, the
Page 41
7879
rest of it will remain enforceable. No waiver of any par t of this agreement, or of any breach of it,
in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntar ily even if you would not otherwise qualif y.
This will not be a waiver or require us to do so again.
MONTHLY CHARGES
to that store’s return policy.
3. The 5Star must be in “like new” condition in its original box with all components and materials to be eligible for a ref und.
The activation fee and shipping charges are not refundable.
HEALTH AND SAFETY INFORMATION
To subscribe to the 5Star ser vice, you will be charged a recur ring monthly service fee plus any
applicable taxes. Remember, you can use your 5Star as much as needed but GreatCall may
place usage limits in cases of abuse of the service. There is a fee associated with activating
your ser vice and there may be a fee when re-activating.
OUR 30-DAY RETURN POLICY
If for any reason you are not completely satised with your ser vice, or The 5Star, you can return
your device within 30 days of purchase and we will refund the full price of the device. If you
paid a rst-month service charge, we’ll refund it as well.
How To Return Your 5Star:
1. Call GreatCall Customer Service at 1-800-463-5412.
2. You will receive a return authorization number, address and instr uctions for return. If your
5Star was purchased from a retail location, it must be returned to that location and is subject
GreatCall recommends that you read all of the Health and Safety information concerning your
5Star. Visit w ww.greatcall.com/5StarHSinfo to view or print this information.
FCC Regulations:
This device complies with part 15.22 and 24 of the FCC Rules. Oper ation is subject to the
following two conditions: 1) This device may not cause harmful interference, and 2) this device
must accept any interference received, including interference that may cause undesired op-
eration. This device meets the FCC Radio Frequency Emission Guidelines and is certied with
the FCC as FCC ID number: P4M-APT230. RF Exposure Warning: The radiated output power of
this device is below the FCC radio frequency exposure limits. Nevertheless, the device should
be used in such a manner that the potential for human contact during normal operation is
minimized.
In order to avoid the possibility of exceeding the FCC radio frequency exposure limit, human
proximity to the antenna should not be less than 10mm. Information to user (FCC Part 15.21).
No changes or modications not expressly approved by the party responsible for compliance
could void the users authority to operate the equipment.
Page 42
8081
By subscribing to the 5Star Urgent Response service, you accept, without limitation or quali-
A minimum separation of six (6) inches should be maintained bet ween a
handheld wireless mobile device and an implantable medical device, such as a pacemaker or
implantable cardioverter debrillator, to avoid potential interference with the device.
Persons who have such devices:
• Should ALWAYS keep the mobile device more than six (6)inches from their implantable
medical device when the mobile device is turned ON
• Should not carry the mobile device in a breast pocket
• Should use the ear opposite the implantable medical device to minimize the potential for
interference
• Should tur n the mobile device OFF immediately if there is any reason to suspect that inter ference is taking place
• Should read and follow the directions from the manufacturer of your implantable medical device. If you have any questions about using your wireless mobile device with an implantable
medical device, consult your health care provider.
For more information see: http://w ww.fcc.gov/oet/rfsafety/rf-faqs.html#.