GreatCall 5Star Urgent Response User Manual

Urgent

Response

TM

Urgent

TM

Response

User Guide

The 5Star Responder

®

elcome to 5Star Urgent ResponseTM by GreatCall®

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With your new 5Star Urgent Response service, you’ll receive
immediate, reliable access to our Certified Response Agents who are
trained to provide help in any situation - 24 hours a day, 7 days a week.

Please read this entire guide carefully before you turn on or
charge your 5Star Responder® device. We want to ensure that

you get the most out of your 5StarTM service. In this guide, you
will learn about the following:

• Items in the 5Star Responder box

• Your 5Star Responder

• Activating your 5Star Service

• Using your Responder and 5Star Service

• When to use 5Star Urgent Response

• Setting up your Personal Prole

• Using MyGreatCall.com to Manage your Service

• Terms and Conditions

• Health and Safety Information

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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 [e-mail] or call
us at 1-800-463-5412.

Best Regards,
Your friends at GreatCall

If you bought 5Star Urgent Response for a family member,
or you’re a caregiver, you should add the GreatCall
Customer Service number (1-800-463-5412) to your
personal contact list or cell phone.

You need to remember this phone number because there
may be some unique circumstances when you’ll need to
urgently contact GreatCall Customer Service. The 5Star
Response Center can only be contacted through the Responder.

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Items in the 5Star Responder Box

1. 5Star Responder

2. Battery Charger

3. Accessory Clip

4. Keychain Attachment

5. User Guide

6. Quick-Start Guide

7. Service Highlights

To help make the service more convenient for you, we also
offer other accessory options like a portable car charger.
To learn more or purchase, go to greatcall.com or call
Customer Service at 1-800-463-5412.

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Your 5Star Responder

Keychain Attachment (6)

Accessory Clip (5)

Power Button (9)

Charging Port (10)

4

Microphone (7)

Service Indicator (3)

Battery Indicator (4)

Call Button (1)

Speaker (2)

Reset Button
(on back) (8)

1. Call Button – allows you to call the 5Star Response Center or 9-1-1.

2.

Speaker – allows you to hear the 5Star Response Agent, 9-1-1

Operator, others conferenced in by 5Star and voice and tone signals.

3. Service Indicator – indicates the presence of wireless coverage
and that the device is ready to use.

4. Battery Indicator – shows the device’s battery strength.

5. Accessory Clip – allows you to attach the device to a purse,
backpack, or other items.

6. Keychain Attachment – allows you to attach the device to a
keychain or other items.

7. Microphone – picks up the sound of your voice for calls to 5Star
or 9-1-1.

8.

Reset Responder – ONLY use if you are instructed

to do so by a

GreatCall Customer Service representative.

9. Power Button – turns your 5Star Responder on and off.

10. Charging Port – connects the Battery Charger to the device.

5

By design there is no volume control. If you’re in a location

where the device’s sounds may be disruptive, you may want
to turn off your device. If you’re in a noisy area, you’ll need to
move the device closer to your ear or to your mouth.

Activating Your 5Star Service

To ensure that your 5Star service is activated successfully, it’s
important that you follow these simple steps when activating:

If you purchased your 5Star Responder by calling GreatCall directly,
skip to Step 3 on page 9.

Do not turn on or charge your device until you have set up
your account. If you turn it on prior, the device will fail to
activate. If the device failed, power off and start with Step 1.

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Step 1: Gather required information before activation

To ensure that your activation process goes smoothly, you will need to
have the following personal information ready when activating your
service.

• Your name, address and phone number (your address must be a
physical, U.S. based address, not a Post Ofce Box)

• The billing address, if different from your physical address

• Your email address

• A valid credit card

• Name and phone number of at least one emergency contact

• The 7 digit serial number located on the back of the device (the
serial number is also located on the side of the box)

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Step 2: Go online or call to set up your account

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.

Once online, follow these steps:

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. Conrm account setup.
If you do not have access to the Internet, are a GreatCall customer

wishing to add the 5Star Responder to your existing account, or need
to activate more than one device, call 5Star Activation toll-free at

1-800-675-0158. Be sure to have your information from

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Step 1

handy.

Step 3: Turn on your 5Star Responder to activate

Now that your account is set up, your Responder can be turned on for
the rst time. To complete activation, follow these simple steps:

1. Remove the sticker from the back of your device and press the
Power Button.

2. After a few moments, you will hear a voice prompt saying
“Setting up Responder, please wait” followed by “Welcome to 5Star.”

3. The Service Indicator on the top of your device will begin blinking
green, indicating the device is working properly.

4. Once the device is turned on, you’ll soon receive a phone call on
your Responder conrming your activation. Simply press the Call
Button to answer the call.

Congratulations! Your 5Star service is now activated.

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The device is not ready for use until you hear “Welcome to 5Star”
and the service indicator is blinking green.

If you hear a voice prompt saying “Unable to activate. See

User Guide,” then your device has not been activated. Please
call GreatCall Customer Service at 1-800-463-5412 if you
hear this prompt.

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Keeping your 5Star Responder charged

It’s very important to always keep your Responder charged and with
you, so you can be prepared in any situation.

We recommend that
you develop a habit of keeping your device charged and turned on
so you can access help at the touch of a button. Out of the box, the
device is only partially charged. It’s important that you fully charge your
device after activating:

1. To charge, plug the large end of the Battery Charger into a
standard wall outlet and the small connector into the device with
the word “Up” facing up. You will then hear a tone.

2.

The Battery Indicator will blink green during the charging

process. Once fully charged, it will remain solid green.

3. Unplug the Battery Charger. You’ll hear a tone and the Battery
Indicator will turn off to save power.

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4.

When the battery is low, the Battery Indicator will ash red and you
will hear a repeating tone and voice prompt to charge your battery.
The tone will repeat more frequently as the battery level decreases.

5. If the battery loses all of its charge, the device will power off. The
Responder will power back on when it is connected to the
Battery Charger.

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Making a test call

There are two ways to make a test call:

1. Online: We recommend sending a test call to your device by
logging into MyGreatCall.com.

• If you do not have a GreatCall account, you will need to
create one. Visit MyGreatCall.com, click on“Register” and
follow the easy steps.

• Once logged in, you will be brought to the “5Star
Overview” page.

• Then press the “Send Test Call” button.

2. Call:

You can also call GreatCall Customer Service at

1-800-463-5412

to have a test call sent to your device.

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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
5Star Agent to answer and simply advise them you are making
a test call. If you press the Call Button and hang up, they will

treat your call as an emergency.

Using your Responder and 5Star Service

This section of the User Guide will help you understand how to use
the 5Star Responder and get the most out of the service.

Turning on your Responder

1. Press the Power Button. The Signal and Battery Indicators will
be solid green.

2. After a few moments, you will hear a tone and a voice prompt

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“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, saving
power.

We recommend keeping your 5Star Responder on at all
times and charging it overnight so you can always have
immediate response to any situation at your ngertips.

Calling 5Star with your Responder

1. Press and release the Call Button. You will hear a voice prompt,
“Calling 5Star” and you will be greeted by a 5Star Agent.

2. When speaking to a 5Star Agent, hold the Responder at a
comfortable distance (between 12-24 inches from the mouth)
and speak normally into the device’s Microphone.

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3. To end the call, press and release the Call Button again. You will
hear a tone and a voice prompt “Call Ended.”

If you end the call before speaking with a 5Star Agent, you

may get a call back to ensure that you are safe.

Calling 9-1-1 in an emergency with your Responder

1. If you are experiencing a critical emergency and need to call 9-1-1
directly, press and hold the Call Button for at least 5 seconds until
you hear “Calling 9-1-1 Now,” then release the button.

2. To end the call, press and release the Call Button. You’ll hear
a tone and a voice prompt “Call Ended.”

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• 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 your Responder. If you
receive an inbound call, the device will ring. Press the Call
Button to answer, then again to hang up.

• 9-1-1 Call Follow Up
After you end a call with 9-1-1 emergency services from your
Responder, you may receive a call from a 5Star Agent to see if
you need any additional assistance.

Connecting with LiveNurse

GreatCall’s award-winning LiveNurse service, included with 5Star,
gives you unlimited health advice from experienced, registered
nurses in English or Spanish, 24 hours a day, 7 days a week.

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To access LiveNurse:

1. Press the Call Button.

2. When a 5Star Response Agent answers, ask to be connected
to LiveNurse.

3. The agent will connect you to the LiveNurse service.

Turning off your 5Star Responder

1. To turn your 5Star Responder off, press and hold the Power
Button for at least 3 seconds.

2. You will hear a voice prompt that says “Powering Off.” The device
is now off.

Please remember to power off your Responder while on an
airplane.

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Answering your 5Star Responder

When there is an incoming call, your 5Star device will ring with an
audible tone.

1. To answer, press and release the Call Button and speak
normally.

2. To end the call, press and release the Call Button again.

Your Responder can only receive calls from 9-1-1 Operators
or 5Star Response Agents.

About the Service Indicator

The Service Indicator is located at the top of the Responder. The Service
Indicator will show whether or not you have wireless coverage and if
the device is working properly.

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1. If you are in an area where there is good wireless coverage and
the device is ready to use, the Service Indicator will ash green.

2. If there is no service coverage, the Service Indicator will ash red.

3. The Service Indicator may change to ashing green when you
move to a better wireless coverage area.

4. If the Service Indicator is solid red, there is a problem with the
device. Call GreatCall Customer Service for assistance at
1-800-463-5412.

About the Battery Indicator

The Battery Indicator is located on the top of the Responder, to
the right of the Service Indicator. The Battery Indicator shows the
device’s battery strength.

• When the battery is fully charged, the Battery Indicator will
be off, saving power.

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• When the battery is low, the Battery Indicator will ash red and
play a low battery tone. The tone will increase in frequency as
your battery gets weaker.

Attaching the Accessory Clip

1. Slide the clip into the recessed channel on the back of the
device until it “clicks” into place.

2. To remove the clip, pinch the top of the clip and the latch
between your thumb and forenger. With your other thumb,
slide the bottom of the clip up. (See image on page 22.)

Installing the Keychain Attachment

1. Thread the attachment’s cord through the two holes on top of
the device. You may need a sharp tip such as the end of a paper
clip to help pull the cord through.

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2. Once the cord is threaded through both holes, slip the head of
the Keychain Attachment through the cord and tighten.

It’s not recommended to place a keychain ring through the
loop holes on the device as this may cause the area around
them to break.

pinch here

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Keychain attachment

Accessory clip

When to use 5Star Urgent Response

Below are some situational examples of when you could use 5Star:

Potential emergencies or cautious situations:

•

“I am walking to my car at night and I think someone is following me.”

• “There is a stranger parked in our driveway.”

• “I have this weird tingling in my arm and not sure what to do.”

General assistance:

• “I ran off and locked myself out of my house without keys.”

• “I’m having some problems getting my car started.”

• “I’m running out of gas and need directions to the nearest
gas station.”

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Unique situations:

• “I heard a weird noise on my roof.”

• “Can you connect me to LiveNurse?”

• “My dad never came to pick me up from school.”

Though we have listed typical use scenarios, if you’re ever in
doubt whether or not to call 5Star, simply call and a friendly 5Star
Response Agent will assist you.

When not to use 5Star

5Star is not a substitute for 9-1-1. In the event of a critical
emergency, always contact 9-1-1 immediately. Below are some

situational examples of when NOT to use 5Star:

• Fire

• Heart attack/stroke

• Robbery/break-in

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If you call 9-1-1 with your Responder, a notication will be
sent to the 5Star Response Center. After your 9-1-1 call
is completed, a 5Star agent may contact you to see if you
need any further assistance.

What 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.

5Star Agents may provide emergency services or 9-1-1 Operators
with information from your Personal Prole, 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 any of 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.

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Setting up your Personal Prole

To get more out of the 5Star Urgent Response service, you are
encouraged to provide as much information as possible in your
Personal Prole. 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’s a good idea to periodically review
the information to be certain it’s still accurate.

Typical information you provide will include:

1. Basic information like your name, phone numbers, gender, age
and your primary language.

2. Locations you frequently visit such as your home address, work,
gym, doctors’ ofces or vacation home.

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3. Emergency contacts, people we can notify on your behalf in
case of an emergency.

4. Medical information such as medications, doctors, hospitals
and medical or physical conditions.

5. Vehicles that you drive including make, model, color, and
license plate number.

3 ways of setting up your Personal Prole

1. Online:

MyGreatCall.com

Managing your 5Star Personal Prole online is easy at

.

• Log onto MyGreatCall.com using your email address and
password.

• Once logged in, you are brought to the “5Star Overview” page.

• Under the Personal Prole section, you have two options to
manage your Personal Prole:

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1) To edit one section at a time, click the “Manage Your

Personal Prole” link.

2) To be taken through all steps together, click the “Complete
Setup” link.

2. Mail or fax: After you activate your 5Star Responder, you will be

mailed a GreatCall 5Star Welcome Kit, which includes a blank

Personal Prole form. Fax the completed form to 1-760-438-9790
or mail it back in the envelope provided.

3. Call: You can also call GreatCall Customer Service at
1-800-463-5412 to assist you in completing your Personal Prole.

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Using MyGreatCall.com to Manage Your Service

Managing your 5Star Urgent Response service online is easy at

MyGreatCall.com where you can:

• Edit your Personal Prole

• Manage who can locate you

• Locate your device or someone with the device

• Record “Just In Case” notes

• Manage your 5Star Account

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.

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Editing your Personal Prole

1. Log onto MyGreatCall.com using your email address and
password.

2. Once logged in, you are brought to the “5Star Overview” page.

3. Under the Personal Prole section, you have two options to
manage your Personal Prole:

1) To edit one section at a time, click the “Manage Your Personal

Prole” link.

2) To be taken through all steps together, click the “Complete
Setup” link.

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Using the 5Star Locator Service

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 Responder. 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 Overview” 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 name, email address, telephone number and click “Submit.”

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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.

The Locator Service will display your last known locations.
Your 5Star Responder must be powered on and able to get
location updates.

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Finding a person with a Responder

1. From the “5Star Overview” page, look for the Locator Service
section and click on “Find Responder - On Map” link.

2. You will be able to see a map on the screen showing the
location and address of your 5Star Responder.

Sending a “Find Responder” tone to your device

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 Responder - Ping Device” link.

2. Your Responder will begin to play an audible tone which will
help you nd the device.

The tone will play for a limited time, then stop. Pressing the
Call Button will end the tone.

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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 accurate reading
of your whereabouts (i.e. in an apartment building, parking garage, or
if your Responder is off). It is a good habit 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 you can enter the
information you want to provide.

2. Click “Save” and you will see the new note in the notes listing.

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Managing your 5Star account online

To conveniently help you manage your account, you can go to

MyGreatCall.com and update your billing information, home

address, phone numbers, credit card number and all other
pertinent information.

Welcome to the GreatCall family!

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Terms and Conditions

Welcome to the GreatCall family! By subscribing to the 5Star Urgent Response Service, you
accept, without limitation or qualication, these terms and conditions of use. We may
change these terms and conditions from time to time with or without notice, and you agree to
be bound by any such changes.
PLEASE READ THIS DOCUMENT CAREFULLY and keep a copy 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 PARAGRAPH 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 LAW
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
SUBSTITUTE FOR 911. The service will only work if your account is current on payment and
if your device is charged, turned 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 service, 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 service providers

36

in case of an emergency or service incident. However, we cannot guarantee that we can
track your exact location and in some cases, we may only be able to provide the information
provided in your personal prole. We will only use your location information for providing
5Star service.

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 from your actions. You are solely responsible
for maintaining the content and accuracy of your personal prole 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 service in advance and stop your service in the
middle of the annual period, we will refund you the remaining months of the 5Star service.
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

You promise to pay all federal, state and local taxes, and other fees and service charges that

37

we are required by law to collect and remit to the government on the Services 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 authorized. You
are also solely responsible for the services requested by you, or by anyone using the service
through 5Star on your behalf. You agree that our agent may share your information with any
authorized person calling the service 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 service immediately and you will not be charged for any
future months.

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 retrieve your previously
stored personal prole if you reactivate your 5Star service, but we cannot guarantee our
ability to retrieve it.

Usage Limits

We may place usage limits for any 5Star service. If we place usage limits for a 5Star service,
and you then use such service more than allowed by the limit amount, we will charge you at
our then current rates for your usage in excess of the limit amount. You agree that we may use

38

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 service 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.

Your Interactions With LiveNurse Through 5Star

LiveNurse, brought to you in partnership with FONEMED®, is not a substitute for dialing 911
and should not be used in a case of emergency. FONEMED’s registered nurses offer advice
regarding health care decisions, but they do not prescribe medications or make diagnoses.
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 Service Providers

Our agents may link, conference or transfer you to other service providers such as the
police, re department, ambulance service, or towing service. We’ll use reasonable efforts
to contact appropriate service providers for help when you ask for it, but we can’t promise

39

that any service providers will respond in a timely manner or at all. Furthermore, 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 conrm 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 service requires software on your device that we may need or want to change from time
to time. We may do this remotely, or through a third party service provider without notifying
you rst. You do not own the 5Star software 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 service will terminate. This means that we can decide to cease providing the 5Star
service 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 terminate your service without prior notice to you for any good cause. This means, for
example, we can terminate your service immediately if you breach any part of this agreement,
don’t pay amounts that are due to us, interfere with our efforts to provide service, interfere

40

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 to allow you to have service again will be entirely up to
us. We can suspend your 5Star service for any reason. We can also suspend it for network or
system maintenance or improvement, or if there’s network congestion, or if we suspect your
service 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 www.greatcall.com, or you can
contact us to request a copy.
We may collect information about you in several different ways: from information you provide
to us, from your use of the 5Star service, from calls or emails between us, from location
based services, and from third party 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), registration 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 information to provide 5Star
location 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

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property 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 accurate and reliable, we make no warranties or
representations as to the accuracy, correctness, reliability or otherwise with respect to the
service and we assume no liability or responsibility of any kind for omissions or errors in the
service.
TO THE FULLEST EXTENT PERMITTED 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.
Specically, we and our afliates make no representations or warranties about the accuracy,
reliability, completeness including errors or omissions, currentness or timeliness of content,
software, text, graphics, links, or communications provided on or through the use of the
service.

Limitations of Liability

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 actions or inactions of any
service provider we contact for you, or for our inability to contact any service provider in any

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particular situation, (2) we are not liable to you for any injuries to persons or property arising
out of or relating to your use of the 5Star service, (3) our maximum liability to you under any
theory (including but not limited to fraud, misrepresentation, breach of contract, personal
injury, or products liability) is limited to an amount equal to the portion of the charges to
you for the services relating to the period of service during which such damages occur, (4)
unless otherwise provided in this agreement, your maximum liability to us under any theory
(including but not limited to fraud, misrepresentation, breach of contract, personal injury,
or products liability) 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 service, or for problems
caused by or contributed to by you, by any third party, 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 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 shortage, or other causes beyond the
control of us or our service providers, (8) you agree that neither we nor any service provider
who sends you data or information through 5Star is liable for any errors, defects, problems,
or mistakes in that data or information, and (9) you agree that the limitations of liability
and indemnities in this agreement will survive even after the agreement has ended. These
limitations of liability apply not only to you, but to anyone using the 5Star service on your

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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 certain 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 condential binding arbitration, not lawsuits (except for small
claims court 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 court order.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.
As modied by these terms of conditions of use, the arbitration will be governed by the
AAA’s arbitration rules (collectively “Rules and Procedures”). We further agree that: (a)
the arbitration shall be held at a location determined by AAA 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 CLAIMS BROUGHT BY YOU
OR US MUST BE BROUGHT IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS

MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITRATOR

44

MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (d) in the event
that you are able to 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 responsibility 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 arbitrator (including any nding of fact and/or conclusion of law) against either
you or us shall be condential unless otherwise 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, unenforceable or illegal, or otherwise conicts 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 conicting 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 arbitration 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 refuses
to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of

45

action between you and us shall be exclusively brought in the state or federal courts located
in San Diego County, California. Further, 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 County, California.
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 http://www.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 conict
of law principles, and by any applicable tariffs, wherever led.

Our Relationship With You

This agreement does not create any duciary relationships between 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.

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This Is The Entire Agreement

This agreement is the entire agreement between 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 rest of it will remain enforceable. No waiver of any part 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 voluntarily even if you would not
otherwise qualify. This will not be a waiver or require us to do so again.

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Monthly Charges

To subscribe to the 5Star service, you will be charged a recurring monthly service
fee plus any applicable taxes. Remember, you can use your 5Star Responder 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 service and there may be a
fee when re-activating.

Your 5Star Responder and service will not work outside of the
United States.

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Our Friendly 30-Day Return Policy

If for any reason you are not completely satised with your service, or the 5Star
Responder, 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 Responder:

1. Call GreatCall Customer Service at 1-800-463-5412.

2. You will receive a return authorization number, address and
instructions for return. If your Responder was purchased from a
retail location, it must be returned to that location and is subject
to that store’s return policy.

3. The Responder must be in “like new” condition in its original
box with all components and materials to be eligible for a refund.

The activation fee and shipping charges are not refundable.

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Health and Safety Information

GreatCall recommends that you read all of the Health and Safety information
concerning your 5Star Responder. Visit www.greatcall.com/5StarHSinfo to view or
print this information.

FCC Regulations:

This device complies with part 15.22 and 24 of the FCC Rules. Operation 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 operation. This device meets the FCC Radio Frequency Emission Guidelines
and is certified with the FCC as FCC ID number: P4M-APT220D. 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) .

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No changes or modications not expressly approved by the party responsible for
compliance could void the users authority to operate the equipment.

GreatCall is a registered trademark of GreatCall, Inc. Copyright ©2011, GreatCall, Inc.

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5Star is not a substitute for 9-1-1. In the event of a critical emergency, always contact
9-1-1 immediately.

By subscribing to the 5Star Urgent Response service, you accept, without limitation
or qualification, the Terms and Conditions of use on pages 36 - 47.

Urgent

Response

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