PLEASE READ THESE NAVIVA DEVICE FINANCING TERMS AND CONDITIONS CAREFULLY. BY SIGNING UP FOR THE NAVIVA PAY-IN-4 PROGRAM, YOU AGREE TO BE BOUND BY (1) THESE NAVIVA DEVICE FINANCING TERMS AND CONDITIONS; (2) MEDICALERT’S GPS SUBSCRIBER AGREEMENT; (3) THE E-SIGN CONSENT AGREEMENT LOCATED AT THE BOTTOM OF THIS AGREEMENT; AND (4) MEDICALERT’S PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS, PLEASE DO NOT SIGN UP FOR THE NAVIVA PAY-IN-4 PROGRAM. THE HEADINGS CONTAINED HEREIN ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS DOCUMENT FOR YOUR RECORDS.

1. NAVIVA Pay-in-4 Program Overview

   MedicAlert offers the NAVIVA Pay-in-4 Program (the “Program”) to allow Subscribers, and their Authorized Representatives to finance the purchase of one of MedicAlert’s NAVIVA devices (either the NAVIVA pendant or NAVIVA watch) over four equal monthly payments.

   For the purposes of these NAVIVA Device Financing Terms and Conditions (the “Agreement”strong>), “you” and “your” refer to the individual who enters into this Agreement, whether that individual is the Subscriber, the Authorized Representative or the person responsible for payment. The individual entering into this Agreement shall be solely responsible for all payment obligations under this Agreement.

   Capitalized terms used and not defined in this Agreement have the respective meanings assigned to them in the GPS Subscriber Agreement and Privacy Policy. In the case that a term is defined differently in this Agreement, that definition will apply.

2. Eligible Costs

   Only the NAVIVA device is eligible for financing under this Program. The Registration Fee, NAVIVA subscription fees, NAVIVA Beacon, and Shipping & Handling charges are not eligible and must be paid in full at the time of purchase.

3. Your Eligibility

   To be eligible to sign up for the Program, you must be at least the age of majority in the province or territory where you reside. You represent and warrant that you are eligible to sign up for the Program.

4. Acceptance of Terms

   By purchasing a NAVIVA device through the Program, you agree to be bound by this Agreement, in addition to the GPS Subscriber Agreement, the Privacy Policy and the terms of your Order.

5. Payment Schedule

   The total purchase price of the NAVIVA device shall be paid by you in four equal monthly installments. The first installment is due at the time of purchase, and the remaining three installments shall be charged on the monthly anniversary of the initial purchase date.

6. Obligation to Pay

   You agree to pay all four installments in full, regardless of whether the NAVIVA device is used, activated, deactivated, or whether the monitoring service is subsequently suspended or terminated. In accordance with the GPS Subscriber Agreement, no refunds or credits will be issued for unfinished installment plans.

7. Recurring Billing

   Monthly installments of the NAVIVA device shall be billed to your selected payment method on a recurring basis until the total purchase price of the NAVIVA device has been paid in full.

8. Interest on Late Payment

   Any overdue amounts shall bear interest at the rate of 1.5% monthly, from the due date until paid in full.

9. Accepted Payment Methods

   Accepted payment methods under this Program are credit cards (VISA, Mastercard, AMEX) or pre-authorized debit. MedicAlert cannot accept any other payment methods under the Program.

10. NSF Fee

    If an installment payment is returned or refused due to insufficient funds or for any other reasons, we may charge you a $10 NSF Fee

11. Transfer of Ownership and Risk of Loss

    Title to the NAVIVA device shall remain with MedicAlert until all four installments have been paid in full, at which point ownership transfers to you.

    You assume all risk of loss, theft, damage, or destruction of the NAVIVA device from the time the NAVIVA device is delivered to you. Neither loss, theft, damage, nor destruction of the NAVIVA device shall excuse you from your obligation to pay the full purchase price in accordance with this Agreement.

12. Default, Suspension and Cancellation of Services
    1. MedicAlert may, in its sole discretion, suspend or cancel the GPS monitoring service associated with your device, without prior notice, in the event two or more installment payments are not received by their respective due dates and remain unpaid.
    2. Suspension or cancellation of the GPS monitoring service shall not relieve you of your obligation to pay the full purchase price of the NAVIVA device.
    3. The GPS monitoring service shall be restored upon MedicAlert’s receipt of all overdue amounts. A reactivation fee of $75 may apply, depending on whether your data has been removed from MedicAlert systems in accordance with the Privacy Policy.
    4. If MedicAlert receives any payment from you for NAVIVA services during a month in which a financing installment was missed, MedicAlert shall first apply such payment to the outstanding installment balance, and thereafter to any other amounts owed by you to MedicAlert for such other NAVIVA services.
    5. In addition to MedicAlert’s right to suspend or cancel the GPS monitoring service, if you fail to pay two or more installment payments when due, MedicAlert may, in its sole discretion, accelerate the outstanding balance and declare the entire remaining purchase price of the NAVIVA device immediately due and payable. You shall pay the full accelerated amount within five (5) business days of receiving written notice from MedicAlert. Acceleration under this section shall be in addition to, and not in substitution of, any other rights or remedies available to MedicAlert under this Agreement or applicable law.
    6. Suspension, cancellation, or interruption of the GPS monitoring services for any reason shall not operate to cancel, reduce or otherwise affect your obligation to pay the remaining installments for the NAVIVA device.
13. Collection Rights

    You agree to allow MedicAlert to send you payment reminders from time-to-time. You agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay two or more installments when due under the Program, MedicAlert reserves the right to pursue collection of the outstanding balance and exercise any and all other rights and remedies available to it under applicable laws.

14. Territorial Restriction

    The Program is not available to residents of the province of Quebec.

15. Severability

    If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Waiver

    No failure or delay by MedicAlert in exercising any right or remedy under this Agreement shall operate as a waiver thereof.

17. Changes to the Agreement

    MedicAlert may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. If MedicAlert makes any changes to this Agreement that it deems material, MedicAlert will inform you in accordance with the GPS Subscriber Agreement.

18. Communication & Notification

    You agree that MedicAlert may provide you with communications about your account and the Program electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. If we need to contact you to service your account or to collect amounts you owe to us, you give express consent to us, as well as servicers, agents, contractors and collectors of your account, to the extent permitted by applicable law, to communicate with you in any way, such as calling, texting, or emailing via:

    • a mobile phone or landline you provide to us, used to contact us, or at which we believe we can reach you;
    • any email address you provide to us;
    
    

    You also agree that these communications are not unsolicited for purposes of any provincial, territorial or federal law, and you understand that this may result in additional mobile, text message, or data charges, subject to any restrictions under applicable law.

19. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

E-Sign Consent Agreement

This E-Sign Consent constitutes your consent to receive Disclosures (as defined below) and other information in electronic form, subject to any limitations under applicable law. In connection with the NAVIVA Pay-in-4 Program, MedicAlert is required by law to provide you with certain disclosures. Without your consent, MedicAlert is not permitted to provide those disclosures to you in electronic form.

Consent

Before signing up for the NAVIVA Pay-in-4 Program, you will be asked to consent to NAVIVA Device Financing Terms and Conditions and disclosures. This action is equivalent to your electronic signature and manifests your consent and agreement to the following terms:

• MedicAlert may provide Disclosures required by law relating to the MedicAlert and NAVIVA Services and any other information about your legal rights and duties and your account to you electronically.
• MedicAlert may send any communications, billing statements, or required disclosures, (together, "Disclosures") to you electronically via our Website, or to the email address or mobile telephone number that you have provided to us.
• Whenever we send you an email or text message regarding the Disclosures, that email or text message will contain instructions regarding how and where to view the Disclosures.
• Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
• This consent applies to any transaction undertaken through the provision of NAVIVA Services in the past, to all future Disclosures and communications on your account, to all future transactions in which you use the NAVIVA Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.

Withdrawing Consent

You are free to withdraw your consent at any time. Consent can only be withdrawn by phone during business hours by calling 1- 855-348-3257, Monday to Friday 9am to 6pm EST. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and MedicAlert may close or cancel your account. You agree to pay any amount owed to MedicAlert even if you withdraw your consent and we close or cancel your account.

Legal Effect

Your consent to this E-Sign Consent means that Disclosures MedicAlert provides to you electronically shall have the same meaning and effect as if provided in paper form.

Miscellaneous

You agree that MedicAlert may modify or change the methods of disclosure described herein, and that MedicAlert may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. You also agree that MedicAlert is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by MedicAlert's failure to send such a notice to the phone number or email address you have provided for that purpose.