HEALTH AND SAFETY INFORMATION ....................................65
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ITEMS IN THE SPLASH BOX
• The Splash
• Charging Cradle
• Power Cord
• Keychain Attachment
• User Guides
NOTE
To help make the Splash more convenient for you, we also offer
other accessories and services. To learn more or purchase, go to
www.greatcall.com or call Customer Service at
1-800-463-5412.
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THE SPLASH
Microphone
Battery
Indicator
Call
Button
Service
Indicator
Speaker
Power
Button
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FRONTLEFT SIDE
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Microphone – Picks up the sound of your voice for calls.
Battery Indicator – Shows the battery strength of the Splash.
Call Button – Allows you to call the 5Star Center or 9-1-1.
Service Indicator – Indicates the presence of wireless coverage
and that the Splash is ready to use.
Speaker – Allows you to hear the 5Star Agent, 9-1-1 Operator,
others conferenced in by 5Star, or voice and tone signals.Power Button – Turns the Splash on and off.
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Made in China 13.08
Accessory
Slot
10
Charging
Contacts
Serial
Number
Reset
Button
BACKRIGHT SIDE
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Charging Contacts – Allows charging with the supplied Charging
Cradle.
Accessory Slot – Allows you to attach accessories.
Serial Number – This number is used for activating.
Reset Button – DO NOT USE unless you are instructed to do so by
a GreatCall Representative.
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NOTE
By design, there is no volume control. If you are in a location
where the device’s sounds may be disruptive, you may want to
turn off your device. Make sure to turn it back on afterward so
that it is ready for any unsafe situation you may encounter. If you
are in a noisy area, you may need to move the device closer to
your ear or to your mouth.
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SECTION 1: ACTIVATING THE SPLASH
IMPORTANT!
Do not turn on or charge your device until you have set up your
account. If you turn it on prior to setting up your account, the
device may fail to activate. If the device failed to activate, power
off and start with Step
To ensure that your Splash is activated successfully, it is
important that you follow these simple steps when activating.
If you purchased your Splash directly from GreatCall by phone
or on greatcall.com, please skip to Step
proceed to proceed to Step .
.
. Otherwise, please
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1
Gather required information
The following information will be required in order to
activate your Splash.
• The primary Splash user’s name, home address
(address must be U.S. based and not a PO Box) and
phone number
• The billing address
• The email address of the person managing the account
• A valid credit 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: You can also use the entire 11-digit serial
number located on the side of the box.)
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2
Go online or call to set up your account
If you do not have a GreatCall account, visit us online at
www.greatcall.com/Activate. There you can enter your
Splash Serial Number found on the back of the device, and
follow the instructions to set up your account.
If you are an existing GreatCall customer and would like to
replace, upgrade, or add a Splash to your account, do not
have access to the Internet, or need to activate more than
one device, call 5Star Activation toll-free at
1-800-675-0158.
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3
Turn on the Splash to activate
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 “Setting up device,
please wait” followed by “Welcome to 5Star”.
3. The Service Indicator in the middle of the Call Button will
begin blinking green, indicating the device is working.
4. Once the device is activated, you will receive a phone
call on your Splash. Once you hear the device ringing,
press and release the Call Button to answer the call.
Congratulations! Your Splash is now activated.
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IMPORTANT!
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 hear a voice prompt saying “Unable to activate. See User
Guide,” please call the 5Star Activation Team at
1-800-675-0158 for assistance with completing the activation
process.
NOTE
Your Splash may not be fully charged after powering on for the
rst time. Please refer to “Section 2: Charging the Splash.”
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NOTE
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
device activates. After a few minutes you will hear “Welcome to
5Star,” conrming your Splash has been 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.
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SECTION 2: CHARGING THE SPLASH
It is very important to always keep your Splash 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
your Splash charged when not in use. The following will guide
you through how to set up and use the Charging Cradle with your
Splash.
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Position Guide
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TOP VIEW
SIDE VIEW
Charging
Contacts
Power
Connector
Power
Cord
POWER CORD
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Position Guide – Shows you how to position the Splash in the
Charging Cradle.
Charging Contacts – Allows charging of the Splash when
cradled.
Power Connector – Allows connection with the Power Cord to
power the Charging Cradle.
Power Cord – Provides power to the Charging Cradle from a wall
outlet.
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Setting up the Charging Cradle
1. Determine where you would like to place your Charging
Cradle. DO NOT PLACE THE CHARGING CRADLE IN A
LOCATION WHERE IT COULD GET WET.
2. Plug the small end of the Power Cord into the Charging
Cradle’s Power Connector located on the side.
3. Place the Charging Cradle onto a at surface and plug the
Power Cord into a compatible wall power outlet.
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IMPORTANT!
While the Splash is waterproof, the Charging Cradle is not. Do
not place the Charging Cradle in areas where it can get wet.
If your Splash happens to get wet, please be sure to dry it
before placing it into the Charging Cradle. Failure to do so may
cause an electrical shock or re hazard.
The Splash is rated to be submerged in up to 3 feet of water for
up to 30 minutes.
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Charging the Splash
1. Align the Splash with the Charging Cradle so that it is
oriented in the same way as displayed in the Position
Guide on the Charging Cradle.
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Aligning the Splash with the Charging Cradle
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2. Lower your Splash into the Charging Cradle until the
Charging Contacts on both the Splash and Charging Cradle
make contact. You will hear a tone from the Speaker
indicating that the device is placed properly and charging.
Inserting the Splash into the Charging Cradle
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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
grasp your Splash 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.
When to Charge the Splash
Always place your Splash in the Charging Cradle when not in use
so that it is always ready when you need it most. We recommend
charging each night when you go to bed. When the battery
is low, the Battery Indicator will ash red and you will hear a
repeating tone to charge. The tone will repeat more frequently as
the battery level decreases.
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If the battery loses all of its charge, the device will power off.
The Splash will power back on shortly after it is placed in the
Charging Cradle.
NOTE
To protect the battery, the Splash will automatically stop
charging if the device temperature drops below 32°F or over
113°F. Charging will automatically resume when the device
temperature returns to normal levels.
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SECTION 3: USING THE SPLASH
This section will guide you through how to use the Splash and
get the most out of the 5Star Service.
Turning on the Splash
1. Press the Power Button. The Service Indicator and Battery
Indicator will turn solid green. Alternatively, lowering your
Splash into the Charging Cradle will also turn on the device
if it was previously off.
2. After a few moments, you will hear a tone and a voice
prompt of “Welcome to 5Star.” The Service Indicator in the
middle of the Call Button will begin blinking green indicating the device is powered up and ready to use.
3. The Battery Indicator will be off to save power if the
device does not require charging. If the Battery Indicator
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is ashing red, the battery level is low; please place in the
Charging Cradle as soon as possible.
NOTE
We recommend keeping your Splash on at all times and
charging it overnight so you can always have immediate access
to help in an uncertain or unsafe situation.
Turning off the Splash
1. To turn your Splash off, press and hold the Power Button
until you hear a tone and voice prompt of “Powering Off.”
2. The Battery Indicator and Service Indicator will turn solid
red for a few seconds indicating that the device is turning
off. Your Splash is completely off when both of these
indicators turn off.
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When to Use the Splash
Below are some examples of when you could use your Splash:
Potential emergency or cautious situations:
• “I am walking to my car at night and I think someone is
following me.”
• “I think someone is in my house.”
• “I have this weird tingling in my arm and I am not sure what
to do.”
General assistance:
• “I locked myself out of my house without the keys.”
• “I’m having some problems getting my car started.”
• “I’m running out of gas and need directions to the nearest
gas station.”
Unique situations:
• “I heard a weird noise on my roof.”
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• “I’m having trouble breathing.”
• “My dad never came to pick me up from school.”
Though we have listed typical use scenarios, if you’re ever in
doubt as to whether or not to call 5Star, simply call and a friendly
5Star Agent will assist you.
Where to Use the Splash
You can use your Splash at home or on the go, wherever you
have cellular service. The Splash is also waterproof so you don’t
have to worry about using it in the shower, accidentally dropping
it in the sink or that unexpected rain.
Coverage and service are not available everywhere. You will not
be able to make 5Star or 9-1-1 calls when cellular service is not
available.
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IMPORTANT!
The Splash is rated to be submerged in up to 3 feet of water
for up to 30 minutes.
In the event your Splash becomes wet be sure to dry it as
soon as possible, especially before placing into the Charging
Cradle.
Calling 5Star
1. Firmly press and release the Call Button. You will hear a
voice prompt of “Calling 5Star,” and you will be greeted by
a 5Star Agent.
2. When speaking to a 5Star Agent, hold your Splash at a
comfortable distance, at least one inch away from your
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mouth, and speak normally into the Microphone.
3. To end the call, rmly press and release the Call Button. You
will hear a tone and a voice prompt of “Call Ended.”
If your Call to 5Star Requires Emergency Assistance
If you call 5Star and the 5Star Agent determines that you need
emergency assistance, 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 Prole, such as your
medications, allergies and personal contact numbers.
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IMPORTANT!
To ensure our 5Star agents always have your latest
emergency contact information, please regularly check your
Personal Prole located at mygreatcall.com. See “Section 4:
Managing Your Account” for more information.
NOTE
If you end the call before speaking with a 5Star Agent, you may
get a call back to ensure that you are safe.
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Calling 9-1-1 in an Emergency with the Splash
If you are experiencing a critical emergency and need to call 9-1-1
directly,
1. Press and hold the Call Button until you 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 of “Call Ended.”
Answering Incoming Calls on the Splash
If you call 9-1-1 on your device, the 9-1-1 Operator will have
the ability to call you back on your Splash. After a 9-1-1 call is
completed, a 5Star Agent may also contact you to see if you
need any further assistance.
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When there is an incoming call, your Splash will ring with an
audible tone.
1. To answer, rmly press and release the Call Button and
speak into the Microphone located at the top of the device.
2. To end the call, press and release the Call Button again.
If the person you were speaking with hangs up rst, your Splash
will automatically end the call without the need to press the Call
Button.
NOTE
The Splash can only receive incoming calls from 9-1-1 Operators
or 5Star Agents.
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Connecting with Urgent Care
As a Splash customer with GreatCall Health & Safety Services,
you have access to Urgent Care. Urgent Care provides you with
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 Agent answers, ask to be
connected to “Urgent Care.”
3. The agent may ask you a few questions to make sure your
call isn’t an emergency before connecting you to a nurse.
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About the Service Indicator
The Service Indicator is located in the center of the Call Button.
The Service Indicator will show whether or not you have wireless
coverage and if the device is powered on and ready to use.
ColorPatternMeaning
GreenFlashing
RedFlashing
Good wireless coverage
Ready to use
No wireless coverage
Try another location
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About the Battery Indicator
ColorPatternMeaning
GreenSolid
Battery is fully charged
Ready to use
GreenFlashingBattery is charging
Off
Battery does not require
charging or the device is off
RedFlashing
N/A
Battery is low
Needs to be charged
The Battery Indicator is located towards the upper right corner
of your Splash. The Battery Indicator shows the device’s battery
status.
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Attaching Accessories to your Splash
1234567
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Made in China 13.08
The Accessory Slot can be used to attach accessories specially
designed for your Splash. To attach a compatible accessory,
slide the accessory down into the Accessory Slot until it “clicks”
into place. To remove the accessory, gently push the latch on the
accessory.
Accessory Slot
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The Keychain Attachment
The Keychain Attachment consists of a double-ended clasp and
a keychain clip. The keychain clip can be attached to the Splash
using the Accessory Slot. The double-ended clasp is used for
attaching your keys to the keychain clip.
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SECTION 4: MANAGING YOUR ACCOUNT
MyGreatCall allows you to easily and securely manage your
5Star account and Personal Prole online. If you haven’t set up a
MyGreatCall account yet, you will need to register by navigating
to www.mygreatcall.com on your computer’s web browser and
following the easy instructions to create an account.
Once registered, you can go to www.mygreatcall.com to log into
your MyGreatCall account at any time to:
• Manage Your Personal Prole
• Send a “Test Call” to 5Star
• Send a Tone to Find a Misplaced Splash
• Locate Your Splash using GreatCall Link
• Manage “Just In Case” Notes
• Manage your 5Star Billing Information
TM
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Manage Your Personal Prole
Your Personal Prole provides our 5Star Agents important
information that will be critical in assisting you in uncertain or
unsafe situations. The more information you provide, the better
we can assist you. You can start with basic information and
return later to www.mygreatcall.com to easily update or add
more information. It is a good idea to periodically review the
information to be certain it is still accurate.
Typical information you provide will include:
• Information like your name, phone numbers, gender, date
of birth and your primary language.
• Locations you frequently visit such as your home address,
work, gym, doctors’ ofces or vacation home.
• Emergency contacts – or people we can notify on your
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behalf in case of an emergency.
• Medical information such as medications, doctors, hospitals and medical or physical conditions.
• Vehicles that you drive, including make, model, color, and
license plate number.
If you do not have access to www.mygreatcall.com, you will be
able to provide us with your Personal Prole details securely by
phone, fax or mail. A Personal Prole form will be included in
your GreatCall Splash Welcome Kit which you will receive by mail
within a few weeks after activation.
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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.
Send a “Test Call” to Your Splash
You can conrm that your Splash is functioning properly by using
the automated “Test Call” feature within MyGreatCall. Our 5Star
agents are helping other customers with real situations, so we
recommend navigating to www.mygreatcall.com and using the
automated Test Call feature found there. Make sure you have
your Splash in-hand before initiating a Test Call so that you can
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answer it when it rings. Please be patient as the Test Call can
take several minutes before your Splash will begin ringing.
When your Splash begins to ring, press and release the Call
Button to answer. Your Splash will automatically end the call
once the Test Call message has completed.
IMPORTANT!
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.
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Send a Tone to Find a Misplaced Splash
If you have lost or misplaced your Splash, a special tone can be
sent to it to assist you with nding it. Simply use the “Ping My
Device” feature found on www.mygreatcall.com to send a
distinctive tone to your Splash. The “Ping My Device” tone will
play for a limited time, and then stop. If you nd your Splash
while the special tone is playing, press and release the Call
Button to end the tone.
Locate Your Splash Using GreatCall Link
TM
With select GreatCall Health and Safety Packages you can
view the last known location of your Splash on a map by using
GreatCall Link found at www.mygreatcall.com. Not only will you
be able to use an interactive map to locate your device, you can
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also allow family caregivers to connect with your device and view
key information through a smartphone or web app.
GreatCall Link will enable family caregivers to:
• Get directions to the last known location of your Splash
• Update the location to get the latest whereabouts of your
Splash
• Quickly identify the battery level and whether your Splash
is powered on or off
• View a quick summary of daily activities based on the
locations setup in your Personal Prole
• View a history of 5Star or 9-1-1 calls made, where the call
was placed and outcome, if available
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Manage “Just In Case” Notes
“Just in Case” Notes can be used to share a variety of notes to
5Star Agents such as future events, names of people you’ll be
with, and hearing or speech conditions. This information will be
used by The 5Star Agent to better assist you during your calls.
Once logged into your MyGreatCall account, you will be able to
review your notes, add more notes and edit or delete any existing
notes.
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Manage your Billing Information
To conveniently help you manage your billing information, you
can go to www.mygreatcall.com and update your billing address
and credit card information, as well as review your payment
history. This is particularly useful if you know the credit card
you have on le is about to expire and you want to avoid any
disruptions to your 5Star service.
Welcome to the GreatCall family!
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TERMS AND CONDITIONS
Welcome to the GreatCall family! By subscribing to the 5Star Service, you accept, without
limitation or qualication, 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 T HIS DOCUMENT CAREFULLY AND KEEP A COPY OF IT IN A SAF E PLACE. IT
CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
AS WELL AS LIMITATIONS AND E XCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT
CONTAINS IN THE PARAGRAPH TIT LED “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 SELECT ION CLAUSE.
How Your 5Star Service Works
5Star system is only available in the United States. 5Star IS NOT A SUBST ITUTE FOR 9-1-1, and
in fact, if 5Star conferences in 9-1-1 emergency services on your behalf, there could be a delay
in reaching 9-1-1 emergency services. The ser vice 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 ser vice 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 service incident. However, we cannot guarantee that we can
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track your exac t location and in some cases, we may only be able to provide the infor mation
provided in your personal prole. We will only use your location information for providing 5Star
service.
Your Use of 5Star
You promise not to use the 5Star Service for any f raudulent, 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 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
other wise) 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 Service. You
are also responsible for directly paying all charges for ser vices 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 ser vices, 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.
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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
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 ser vice 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 ser vice. 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 prole if you reactivate your 5Star ser vice, but we cannot guarantee our abilit y
to retr ieve it.
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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
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 part y 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 par t 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 Urgent Care Through 5Star
Urgent Care, brought to you in partnership with FONEMED®, is not a substitute for dialing
9-1-1 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.
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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, 9-1-1 emergency services 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 that any service providers will respond in a timely manner or at all. Fur thermore,
we can’t promise we will provide the best service provider or guarantee any level of service
from such ser vice provider. The laws in some places require an emergency situation to be
conrmed before emergency ser vice 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 other wise conrm that an emergency exists. We will attempt to have
an agent contact you after you have completed a 9-1-1 call to make sure that you do not need
additional assistance but cannot guarantee this ser vice 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 part y service provider without notif ying
you rst. You do not own the Splash software or acquire any rights to use or modify the Splash
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 ef fective 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
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account with us. In such a case, we will refund any amount s you have paid in advance. Also,
we may terminate your ser vice 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 ser vice, 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 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 Privac y Statement. We may update our Pr ivacy 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 dif ferent ways: f rom 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 part y 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
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information to provide 5Star location based ser vices, 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 war ranty, either expressly or tacitly, for the completeness or
correctness of the ser vice. The use of the ser vice 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 war ranties or
representations as to the accuracy, cor rectness, 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 E XTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRA NTIES, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILIT Y, NON-INFRINGEMENT OR THIRD PARTIES’
RIGHT S, AND FITNESS FOR PART ICULAR PURPOSE, AND F REEDOM 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,
software, text, graphics, links, or communications provided on or through the use of the
service.
Limited Warranty for the Splash
We warrant to you, if you are the original purchaser of a Splash device (the “Splash”), that the
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Splash is free from defects in material and workmanship under normal use and service for
one year from the date of purchase. This Limited Warranty is conditioned upon you properly
using the Splash. 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 Splash, 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 Splash in conjunction with accessories, products, or ancillar y/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
Splash.
During the applicable warranty period, we, will repair or replace, at our sole option, without
charge to you, any defective component part of the Splash. To obtain service under this
Limited Warranty, you must return the Splash 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 Splash. To obtain assistance on
where to deliver the Splash, call us at 800 -733-6632. Upon receipt, we will promptly repair
or replace the defective Splash. We, may at our sole option, use rebuilt, reconditioned or
new parts or components when repairing any Splash or replace the Splash with a rebuilt,
reconditioned or new Splash. Repaired or replaced Splash devices will be warranted for a
period equal to the remainder of the original Limited Warrant y or for 90 days, whichever is
longer.
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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 contac t any service provider in any
particular situation, (2) we are not liable to you for any injuries to persons or propert y arising
out of or relating to your use of the 5Star Service, (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 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 other wise provided in this agreement, your maximum liability to us under any theor y
(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 par t by an act or omission of a third par ty, 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,
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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 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 validit y 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 court cases) to resolve the dispute. We agree that any controversy or claim between
us will be settled by one neutral arbitrator before the Amer ican Arbitr ation Association
(“AA A”). 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 f air
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 modied by
these terms of conditions of use, the arbitration will be governed by the AA A’s arbitration
rules (collectively “Rules and Procedures”). We further agree that: (a) the arbitration shall be
held at a location determined by AA A 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
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OUR INDIVIDUAL CA PACITY, AND NOT AS A PL AINTIF F OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING; (c) THE ARBITR ATOR MAY NOT CONSOLIDATE MORE
THAN ONE PER SON’S CLAIMS, A ND 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 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, unenforceable 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 arbitration provision shall be
null and void, and neither your or we shall be entitled to arbitration.
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In the event this agreement to arbitrate is held unenforceable, or in the event AA A refuses
to arbitrate the dispute, all controversies, disputes, demands, count s, claims, or causes of
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 Count y, California.
For more information on AA A, its Rules and Procedures, and how to le an arbitration claim,
you may call AA A at 800-778-7879, write the AAA at 1633 Broadway, 10th Floor, New York,
New York 10019, or visit the AAA website at http://w ww.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 duciar y 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
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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 between you and us. It supersedes all other
agreements or representations, oral or written, bet ween 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 ser vice voluntarily even if you would not
other wise qualif y. This will not be a waiver or require us to do so again.
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 Splash 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.
OUR 30-DAY RETURN POLICY
If for any reason you are not completely satised with your service, or the Splash, you can
retur n your device within 30 days of purchase and we will refund the full price of the device. If
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you paid a rst-month service charge, we’ll refund it as well.
How To Return Your Splash:
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
Splash was purchased from a retail location, it must be returned to that location and is subject
to that store’s retur n policy.
3. The Splash must be in “like new” condition in its original box with all components and
materials to be eligible for a refund.
Shipping charges are not refundable. You will be charged a $10 restocking fee.
HEALTH AND SAFETY INFORMATION
GreatCall recommends that you read all of the Health and Safety information concerning your
Splash. Visit www.greatcall.com/support/safet y.aspx to view or print this information.
FCC Regulations:
This device complies with par t 15.22 and 24 of the FCC Rules. Operation is subject to the
following two conditions: 1) This device may not cause harmful inter ference, 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 certied
with the FCC as FCC ID number: P4M-APT230. RF Exposure Warning: The radiated output
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power of this device is below the FCC radio frequency exposure limits. Never theless, 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).
Implantable Medical Devices
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 carr y 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
interference 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.
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For more information see: http://www.fcc.gov/oet/rfsafety/rf-faqs.html#.
Changes or modications not expressly approved by the party responsible for compliance
could void the users authority to operate the equipment.
5Star is not a substitute for 9-1-1. In the event of a critical emergency, always contac t 9-1-1
immediately.
By subscribing to The 5Star system, you accept, without limitation or qualication, the Terms