PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS EXPRESS LIMITED WARRANTY STATEMENT AND BE SURE THAT YOU UNDERSTAND THEM BEFORE INSTALLING OR USING THIS PRODUCT.

THIS EXPRESS LIMITED WARRANTY STATEMENT INCLUDES ALL THE TERMS OF OUR WARRANTY TO YOU AND ALL LIMITATIONS ON WARRANTIES AND REMEDIES RELATING TO THIS PRODUCT. SECURE CARE PRODUCTS, INC. (“SECURE CARE”) IS NOT BOUND BY ANY STATEMENTS, PROMISES, DESCRIPTIONS, DEMONSTRATIONS, MODELS, OR RECOMMENDATIONS SHOWN OR MADE TO YOU BY THE SELLER OR ANYONE ELSE THAT CONFLICT WITH OR EXPAND UPON THIS EXPRESS LIMITED WARRANTY STATEMENT.

IF YOU DO NOT AGREE WITH THIS EXPRESS LIMITED WARRANTY STATEMENT, DO NOT INSTALL OR USE THIS PRODUCT. YOU MAY RETURN IT IN ITS ORIGINAL PACKAGE AND CONDITION TO THE SELLER FOR A FULL REFUND. INSTALLING AND/OR USING THIS PRODUCT CONSTITUTES AGREEMENT TO THE TERMS OF THIS EXPRESS LIMITED WARRANTY STATEMENT.

1. Notices

A. This Product is designed for operation in a wireless system. However, the range, performance, and predictability of any wireless system is dependent on several factors, including, but not limited to, the following: building structure; environmental extremes (e.g., temperature, earth tremors, air pollution, etc.); the proximity of other wireless devices; the presence of variable speed products (e.g., clothes washers and driers); sources of Radio Frequency Interference (RFI); physical orientation and positioning of the equipment; and sources of Electro Static Discharge (“ESD”). Secure Care cannot be responsible for the effect of these types of factors on operation of this Product.

B. This Product must be installed, set-up, tested, operated, maintained, repaired and used only in accordance with the manuals and instructions issued by Secure Care (the “Product Manuals”). It is your responsibility to assure that any person who installs, sets-up, tests, maintains or repairs this Product knows the contents of and has access to the Product Manuals and to assure that any person who operates or uses this Product has reviewed and understands the Product Manuals. If you have any questions regarding this Product and/or its installation, set-up, testing, operation, maintenance, repair or use, please call Secure Care at the telephone number provided in section 2.B below. Secure Care is not responsible for performance problems caused by a failure to follow published and appropriate procedures for installation, set-up, testing, operation, maintenance, repair and use of this Product.

All adjustable features on new and repaired Secure Care Products are shipped with “factory default” settings. These “factory default” settings may not comply with building and life safety codes or other applicable laws and regulations in the location where they are installed or operated. Secure Care strongly recommends, therefore, that the settings on all Secure Care Products be checked and, if necessary, reset to comply with local building and life safety codes and other applicable laws and regulations at the time of any installation, set-up, testing, maintenance or repair.

C. It is important that any installation, set-up, testing, operation, maintenance, repair or use of this Product comply with all local and national electrical and life safety codes. If you have any questions about compliance with those codes, please contact your local authorities.

D. Secure Care receives and responds to telephone and dial-in inquires (the “Help Line”) about its software, parts and products for the purpose of discussing users’ experiences with Secure Care’s products, helping users better understand how those products work, and providing ideas about what may be causing difficulties. However, Secure Care cannot accurately diagnose the cause of any problems or give complete instructions on how to fix problems over the telephone or Internet. The only way to assure that Products are installed, set-up, tested, maintained or repaired correctly or are functioning properly is to have them examined on site by a qualified service technician. Secure Care’s Help Line is not a substitute for on-site diagnosis and servicing by a qualified service technician.

E. WARNING: EVEN SLIGHT MODIFICATIONS TO THIS PRODUCT OR CHANGES IN THE OPERATING ENVIRONMENT MAY CAUSE THIS PRODUCT TO MALFUNCTION. THE ONLY WAY TO ASSURE THAT THIS PRODUCT IS INSTALLED, SET-UP, TESTED, MAINTAINED, AND REPAIRED CORRECTLY IS TO HAVE A QUALIFIED SERVICE TECHNICIAN DO THE WORK.

F. Secure Care’s Products have been designed to assist in monitoring the movements of one or more persons in certain locations. They cannot prevent any person from doing anything, including leaving a designated location or area. No product can eliminate all risk or assure complete security. Secure Care does not represent that the installation and use of this Product will make any person safer, less likely to do anything or protect any person’s security or health. Secure Care’s Product is not intended as a substitute for the careful monitoring of persons in all locations.

2. Express Limited Warranty

A. SUBJECT TO THE LIMITATIONS SET FORTH IN THIS EXPRESS LIMITED WARRANTY STATEMENT – RETAIL SALES, SECURE CARE WARRANTS THAT THIS PRODUCT (SUBJECT TO SECURE CARE'S SPECIFIED TOLERANCES AND EXCLUDING ANY EXPENDABLE ITEMS) SHALL CONFORM TO THE SPECIFICATIONS WHICH ACCOMPANY THIS PRODUCT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF INITIAL PURCHASE BY AN END-USER. THIS WARRANTY DOES NOT EXTEND TO AND IS NOT FOR THE BENEFIT OF ANY PERSON OTHER THAN THE END-USER WHO INITIALLY PURCHASES THIS PRODUCT. IN THE EVENT THAT THIS PRODUCT DOES NOT COMPLY WITH THIS WARRANTY, SECURE CARE WILL, AT ITS OPTION, EITHER REPAIR OR REPLACE THIS PRODUCT OR REFUND THE PURCHASE PRICE, PROVIDED THAT THIS PRODUCT IS RETURNED AS PROVIDED IN SECTION 2.B BELOW. REPLACEMENT OF THIS PRODUCT UNDER WARRANTY WILL NOT EXTEND THE ORIGINAL WARRANTY PERIOD.

Secure Care may also, at its option, either repair or replace this Product after the warranty has expired, for an additional charge, provided that this Product is returned as provided in Section 2.B below. If Secure Care repairs or replaces this Product after the warranty has expired, the terms of the warranty set forth in this Section 2.A for a new Product will apply to the repaired or replaced Product, with the exception that the term will run for ninety (90) days from the date of repair or replacement.

Repair may include the replacement of parts and products with functionally equivalent, reconditioned parts or products. Any part or product replaced by Secure Care will become the property of Secure Care upon replacement.

B. Warranty service is available by contacting Secure Care at 800-451-7917 and obtaining a Return Authorization Number. No Product may be returned to Secure Care without first obtaining a Return Authorization Number. When this Product is returned to Secure Care, please include the Return Authorization Number and a detailed written description of the problem. Issuance of a Return Authorization Number by Secure Care will not constitute an admission that there is a problem with the Product being returned, that any problem is covered by warranty or that Secure Care has any responsibility to repair, replace, make refunds for or pay claims, costs, damages or liabilities connected with the Product being returned.

NOTE: Transmitters are not repaired, nor is the warranty extended, beyond the expiration date.

If this Product is returned to Secure Care for any reason, you will retain title (unless and until a part or product is replaced, in which case you will obtain title to the replacement part or product at the time of replacement), the risk of loss, and the obligation to pay all costs of shipping, storage and other charges and obligations relating to this Product.

C. EXCEPT AS STATED IN THIS SECTION 2, SECURE CARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WHOLE OR ANY PART OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Limitations of Liability

A. REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SECURE CARE’S TOTAL LIABILITY TO ALL PERSONS, WHETHER SINGLY OR TOGETHER, FOR ALL OCCURRENCES COMBINED, FOR CLAIMS, COSTS, DAMAGES OR LIABILITIES BASED ON ANY CAUSE WHATSOEVER AND ARISING FROM OR IN CONNECTION WITH THIS PRODUCT, OR THE MANUFACTURE, DISTRIBUTION, PROMOTION, SALE, INSTALLATION, SET-UP, TESTING, MAINTENANCE, OPERATION, SERVICING, USE OR PERFORMANCE OF THIS PRODUCT, SHALL NOT EXCEED THE AGGREGATE PRICE (WITHOUT INTEREST) PAID FOR THIS PRODUCT.

B. IN NO EVENT SHALL SECURE CARE BE LIABLE TO ANYONE FOR ANY LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE OF THIS PRODUCT OR ANY EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (AS FAR AS ALLOWED WITH RESPECT TO THE IMPLIED WARRANTY OF MERCHANTABILITY, WHICH IS EXPRESSLY DISCLAIMED IN SECTION 2.C, ABOVE), EXEMPLARY, PUNITIVE , MULTIPLE, OR OTHER DAMAGES, ARISING FROM OR IN CONNECTION WITH THE MANUFACTURE, DISTRIBUTION, PROMOTION, SALE, INSTALLATION, SET-UP, TESTING, MAINTENANCE, OPERATION, SERVICING, USE OR PERFORMANCE OF THIS PRODUCT OR FROM OR IN CONNECTION WITH ANY DELAY OR FAILURE IN PROVIDING OR DELIVERING THIS PRODUCT.

C. IN NO EVENT SHALL SECURE CARE BE LIABLE TO ANYONE FOR ANY CLAIMS, COSTS, DAMAGES OR LIABILITIES CAUSED BY: (i) IMPROPER OR DEFECTIVE PROMOTION, DISTRIBUTION, SALE, INSTALLATION, SET-UP, TESTING, MAINTENANCE OR REPAIR OF THIS PRODUCT; (ii) IMPROPER OR DEFECTIVE OPERATION OR USE OF THIS PRODUCT; OR (iii) DETERIORATION OF THIS PRODUCT DURING STORAGE.

D. YOU AGREE TO INDEMNIFY AND HOLD SECURE CARE HARMLESS FROM ALL CLAIMS, COSTS, DAMAGES AND LIABILITIES ASSERTED BY ANYONE FOR ANY DAMAGES THAT ARE EXCLUDED AND WAIVED, OR ARE INTENDED TO BE EXCLUDED AND WAIVED, BY THIS SECTION 3, OR WHICH ARE IMPOSED BY LAW ON BEHALF OF ANYONE BUT WHICH ARE NOT EXPRESSLY STATED IN THIS EXPRESS LIMITED WARRANTY STATEMENT.

E. THE EXCLUSIONS, WAIVERS AND LIMITATIONS ON CLAIMS, COSTS, DAMAGES AND LIABILITIES AND ANY RIGHTS OF INDEMNIFICATION SET FORTH IN THIS SECTION 3 SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND SHALL NOT BE EXPANDED OR NEGATED IN ANY RESPECT BY SECURE CARE’S OPERATION OF A “HELP LINE” TO RECEIVE AND RESPOND TO TELEPHONE OR DIAL-IN INQUIRES ABOUT THIS PRODUCT, BY ANY COMMUNICATIONS THROUGH THAT “HELP LINE” OR BY ANY ACTIONS TAKEN BY ANYONE FOLLOWING COMMUNICATIONS WITH SECURE CARE OVER SUCH “HELP LINE.”

4. Governing Law

This Express Limited Warranty Statement – Retail Sales, and all questions arising out of or relating to it, shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to the conflict of laws provisions thereof, and excluding the United Nations Convention on Contracts for the International Sale of Goods, the 1974 Convention on the Limitation Period on the International Sale of Goods (the “1974 Convention”), and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

5. Severability

The invalidity or unenforceability of any provision of this Express Limited Warranty Statement – Retail Sales shall not affect the validity or enforceability of any other provision hereof. The disclaimers, exclusions, waivers and limitations on warranties, claims, costs, damages and liabilities set forth herein shall be read consistently with any specific country, state or local law that applies to any particular sale or use of this Product, in order to give these terms, conditions, and limitations their maximum intended effect consistent with all applicable laws.

6. Waiver

No term or condition of this Express Limited Warranty Statement – Retail Sales may be waived except in writing signed by the President or Executive Vice President of Secure Care. A waiver on one or more occasions of any term or condition of this Express Limited Warranty Statement – Retail Sales shall not constitute or be deemed to be a waiver of such term or condition on any other occasion. No delay or failure of Secure Care to exercise any right or remedy under this Express Limited Warranty Statement – Retail Sales will operate as a waiver thereof; no failure to enforce or insist upon compliance with any provision of this Express Limited Warranty Statement – Retail Sales on any one occasion shall be deemed to be a waiver of Secure Care's right to do so on another occasion; and no course of dealing will constitute a waiver, alteration, limitation or expansion of any of the parties' rights and obligations under this Express Limited Warranty Statement – Retail Sales.