Purchase and Service Terms (U.S. Territory Only)
(Updated May 2019)
Welcome to the online store (“Store”) provided by Home8, a brand of MivaTek International Inc (collectively, “Company”,“we”, “our”, “us”) and thank you for choosing our products (“Products”) and subscription services (“Services”). By purchasing or using our Products and Services, you are accepting and agreeing to these terms and conditions (“Terms”) and additional terms we may post at our website or provide in the box with our Products from time to time. If there is any inconsistence between the terms at different places, these Terms herein control. Please read them carefully. You represent and warrant that you have rights, authority and capacity to accept and agree to these Terms. We reserve the right, at our sole discretion, to modify the Terms at any time, so please review the Terms each time prior to making a new purchase from our Store. You shall be responsible for reviewing and becoming familiar with any such modifications. If you do not agree with any of these Terms, you should not purchase the Products and the Services and must cease to use our Products and Services including your account, our software and our application from your mobile device or computer immediately. Your use of the Products or the Services following such modification constitutes your acceptance of the Terms as modified.
SCOPE OF SERVICE
Subject to the Terms, our Services may include mobile-based and professional call center home monitoring system, video streaming and recording, personal care, alert, automation, use of the user account, and the mobile and website application. Details of the Services are described at our website. The Services are for your own use, and not for the use or benefit of any third party. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, connectivity, or content associated therewith. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are consenting to automatic software update of the Service. You may only use the Services and Products in a manner that complies with all laws that apply to you. We can’t and won’t be responsible for your use of the Services or the Products in a way that breaks the law. You are solely responsible for complying with all applicable laws and regulations of the city, the county, the state and the country for which the Products are installed.
To use the Services, you must register a user account and provide information about yourself as prompted by the registration form. You represent and warrant that:
(1) all required registration information you submit is truthful, accurate and complete;
(2) you will maintain the accuracy of such information and notify us without delay of any change of such information; and
(3) your use of the Services does not violate any U.S. or other applicable law or regulation.
You are solely responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account, and preserving your password securely to prevent others from gaining access without your permission. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
PRICING AND PAYMENT OF PRODUCTS AND SERVICES
There are two categories of Products: the packages/kits and the add-on devices (“Packages” and “Add-on Devices” respectively), and we provide professional call center monitoring service (“Monitoring Service” or Service”) which includes but is not limited to group-protection, and other add-on features. The detailed description of the Monitoring Service is published at our website and subject to change. We may also provide additional Services through our website. All of the prices of the Products and the monthly fee of the Service are listed at our Store and/or our website and subject to change. Subscribing to Monitoring Service is required for certain features and you will be charged for such Service on the first day and for the recurring charge at the same rate every month afterward automatically. If we are not able to charge the payment method you provide, at our sole discretion we have the right to immediately suspend your Monitoring Service or hold you liable for the missed payment for the Monitoring Service provided.
When subscribing to the Service, a small amount of funds will be withheld from your payment method for verification purposes. This amount will be released and returned back to you once the verification process is complete. You further authorize us to obtain a credit check or credit report about you from a consumer reporting agency when processing your order and at any time during the term you use our Service. All Products offered at the Store are subject to availability. We reserve the right to reject all or part of an order and to discontinue offering certain Products and/or Service without prior notice. By providing a credit card or other payment method to us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge for the total amount of your order including any applicable taxes and other charges. If the payment method you provide cannot be verified or otherwise not acceptable, your order may be suspended or cancelled. It is your responsibility to resolve the problem we encounter in order to proceed with your order. If you want to change or update your payment method, you may do so at any time by logging into your account and editing your payment information. If you miss a monthly payment for any reason, we have the right to apply the missed payment as an addition to any future billing amount.
If we change the pricing for the Service you have selected, we will send you a notice through an email or some other appropriate means or post the change at our website and your continued use of the Service following such notification constitutes your acceptance of any new or increase in charges. Any fee paid for the Service is nonrefundable.
SHIPPING AND DELIVERY
Subject to any future change and additional restriction posted at our Store, we may not charge shipping cost for the Products shipped to your U.S. address by our standard shipping method listed at our Store. You may select other shipping methods with additional cost charged to you. The estimated delivery date is not a guaranteed date. If the Products are refused and returned to us, we will charge a handling fee in $19.99 and refund the remaining balance to you, which may take up to 45 days after we receive the refused Products.
The Terms shall remain in full force and effect while you use the Products and the Services. You may terminate your subscription of any or all features of the Premium Services any time by logging into your account at our Store or your mobile application and completing the cancellation procedures therein. Removing Products paired with our Services or deleting the mobile or website application will not be considered as termination of Premium Service. Once you complete the cancellation procedures, you will receive an email confirmation and you will only be charged until the end of the billing month in which you terminate the corresponding Premium Service. If you would like to cancel the Basic Service, you may do so by stopping using the Products. If you need to remove your account, you may contact our customer support and expressly state your intention to remove your account. We may also suspend or terminate your use of any and all Services at any time, without prior notice, if you breach any of these Terms, including but not limited to failure to make payment when due.
If you purchase directly from the Store and you want to return the Products for a refund, you may do so within 30 days following the date of purchase (“Return Period”) by contacting our customer support and expressly state your intent for the return. We will refund fully the price you paid for the Products subject to our inspection of the Products returned. If we determine at our sole discretion that the Products returned is modified to alter functionality or capability or damaged by abuse, misuse, liquid contact, fire or other external cause, we may reduce the amount of the refund to you to reflect the decrease in value of the Products.
You need to receive a number of return materials authorization (“RMA number”) before shipping the Products back to us and such RMA needs to be included in your shipment. You must return the Products you purchased in original packaging with all materials, accessories and any promotional merchandise if any, within 7 days after you receive a RMA number from our customer support. We will issue a refund within 30 days after receiving your returned Products.
If you purchased through a third party reseller, please contact the reseller directly for instructions on the return.
LIMITATION OF MONITORING AND NOTIFICATION SERVICE.
We provide professional call center monitoring service. Details of our Services can be found at our website.
(1) Intended Use and No Safety Warranty. The Services are intended to provide some assurance and comfort regarding non-time-sensitive information regarding your premises with installed Products. The Services should not be fully reliable by you or any third party, as such Services are subject to interruptions and failures for many reasons including but not limited to the stability of internet access and the signal of your mobile carrier. You acknowledge such limitations and the very nature of the Services, and agree that we, and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents or partners are not responsible for any damage allegedly caused by the failure or delay of the Services. If you choose to subscribe the professional call center monitoring service, you agree to be bound by all provision of the section below titled “Special terms and conditions that apply to Professional Call Center Monitoring Customers.”
(2) No Life-Safety Service and Your Designated Contact. You further agree that the Products and/or Services are not certified for emergency response and we makes no warranty or representation that use of the Products and/or the Services will increase the level of safety. Our customer support will only answer your questions regarding the Products and the Services during normal business hours but in no way play a role as lifesaving contact. It is your responsibility to designate one or multiple emergency contacts and to ensure that the appropriate event messages can be relayed to you and your designated contacts. Your designated contacts are authorized to act on your behalf. It is also your and your designated contact’s responsibility to determine the appropriate response to all events and you agree that, upon receiving a notification, you and your designated contact are entirely responsible for the response. Should such a response incur costs, you accept full liability for those costs. If you attempt to use our Products and Services for medical emergency notification, you agree that such use of the Services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold us responsible or liable. You acknowledge that the Products may experience signal transmission failures or delays for any number of contributing factors, which makes the Services and resulting notification unpredictable. You acknowledge that the Products has not been designed or programmed pursuant to any laws, codes or rules that may be applicable to your particular premises, including but not limited to any provisions of the National Fire Protection Association or the International Residential Code.
(3) Suspensions. Our Services may be suspended temporarily or for certain period without notice in the case of denial of service, system failure, maintenance, repair, or other circumstances. No credit or refund will be provided for any period during which our Services are suspended or unavailable.
INSTALLATION AND ACTIVATION
Our Products are not intended to be installed by professional installers. We will not provide installation services of any kind, including but not limited to providing assistance in physically setting up Products or installation-related consultation on your premises. Some jurisdictions may have applicable laws regarding how and where to install Products and you should check these relevant laws. You are responsible for all installations of the Products and we are not responsible for any injury or damage caused by the self-installation. However, we will provide online or over-the-phone technical support for troubleshooting any Products or Services issues during normal business hours. For more information, please visit the support page at our website.
LIMITED WARRANTY OF PRODUCTS
Standard Warranty. Subject to your compliance with these Terms and except the special promotion Products are subject to other terms described at our Store or website, we warrant that the Products will be free from defects in materials and workmanship for one (1) years (“Warranty Period”) from your purchase date of the Product (“Limited Warranty”). This Limited Warranty does not cover damage caused by
(i) normal wear and tear;
(ii) breakdowns, fluctuations, or interruptions by electric power;
(iii) misuse, accident, or abuse;
(iv) modifications, alterations, tampering, improper maintenance or repairs, or service performed on Products by a service provider not expressly authorized by us, or uses other than as intended and described in the product manuals, specifications or other instructions provided by us; or
(v) Acts of God, including but not limited to earthquake, flood, lightning, tornado, or hurricane. The Limited Warranty does not cover consumable parts such as batteries.
If during the Warranty Period, you find any Products to be defective, you will need to contact our customer support to receive a RMA number and follow the related RMA instructions before shipping the defective Products back to us. You will be responsible for the shipping cost for shipment to us while we will pay the shipping cost for the repaired Products or replacement shipped to you. At our sole discretion we will repair or replace any defective Products or their parts with a new or refurbished Product or part. If the Product or a part integrated within is no longer available, we may at our sole discretion replace the Products with similar products of similar functions. This is your sole and exclusive remedy for breach of this Limited Warranty.
DISCLAIMER OF OTHER WARRANTIES
Other than the Limited Warranty provided under the Terms, you agree that we make no guarantee, representation or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose, with respect to our Services, Products, and Store and its content, as they are provided on “as-is” basis. Your exclusive warranty remedy is set forth in section 8. We does not represent, warrant, or guarantee that use of the Services or Products will provide safety in your premises or that the information we provide will be available, accurate, or reliable. You use our Products and Services at your own discretion and risk. You will be solely responsible for any and all loss, liability or damage resulting from your use of the Products and/or the Services, and we expressly disclaim such responsibility.
LIMITED LIABILITY AND LIMITATION ON DAMAGES
Our Products and Services cannot eliminate occurrences of events including but not limited to fires, floods, burglaries, robberies, and medical issues. We are not liable for any risk that you, your property, any person, or property of others, may be subject to damage, injury or loss if such an event occurs, and we are not liable for any such damage, injury or loss. The allocation of such risk remains with you and not with us. You will be solely responsible for any and all loss, liability, or damage, including to your wiring, fixtures, electricity, home, computer, mobile device, and all other items and pets in your premises, resulting from your use of the Products and the Services. In accepting the Terms, you release, waive, discharge and promise not to sue or bring any claims of any type against us, and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents or partners for any damage, injury or loss relating or alleged to relate in any way to the Products or the Services provided by us. To the maximum extent permitted by applicable law, in addition to disclaimer in section 9 and this section 10, IN NO EVENT WILL (1) WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (2) OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS OR THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO US OR OUR AUTHORIZED RESELLER FOR THE PRODUCTS AND THE SERVICES AT ISSUE IN THE PAST 6 MONTHS PRIOR TO THE CLAIM, THREATEN CLAIM OR ISSUE IS BROUGHT OR MADE BY YOU OR YOUR REPRESENTATIVES.THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE FURTHER DISCLAIM ALL LIABILITY OF ANY KIND OF OUR VENDORS OR LICENSORS.
THIS SECTION 10 APPLIES NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY US OF OUR OBLIGATIONS UNDER THESE TERMS OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF US, OUR AGENTS OR OUR EMPLOYEES.
NO INSURANCE; WAIVER OF SUBROGATION
You agree that we are not an insurer and that we are not providing you with insurance of any type. The amounts we charge are based solely upon the value of the Products and the Services we provide and are not insurance premiums or related to the value of your property, anyone else’s property located in your premises or any risk of loss at your premises. You should purchase insurance to protect against any risk of loss at your premises. In the event of any loss, damage or injury, you will look exclusively to your insurer and not to us to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against us arising as a result of the payment of any claim for loss, damage or injury.
If any other person, including your subrogating insurer, makes any claim or files any lawsuit against us in any way related to the Products or the Services provided by us to you, you agree to indemnify, defend and hold us harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys’ fees. You duty to defend is separate and distinct from your duty to indemnify and hold harmless, and arises upon the assertion of a claim or demand against us and regardless whether we have been found liable or whether we have incurred any expense.
SERVICE LIMITATION DUE TO THIRD PARTY
You acknowledge further that we use third party service providers to enable some aspects of the Services, for example data storage and synchronization.
We are not responsible for third parties or their devices and services nor provide a credit or refund for, loss or interruption in the Services caused by third parties. We hereby disclaims and you hereby discharge, waive and release us and our vendors or licensors from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their devices and services.
DISPUTE AND ARBITRATION
If a dispute arises between you and us, we will try our best to address your concerns. You agree that you will first notify us about any dispute you have with us regarding the Terms and/or the Products and/or the Services.
(1) Limited Statute of Limitation. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT, INCIDENT, OR FACTS RESULTING IN LOSS, INJURY OR DAMAGE OR GIVING RISE TO A DISPUTE, OTHERWISE YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM OR TO BRING ANY SUIT OR ACTION BASED UPON SUCH EVENT, INCIDENT, FACTS, OR DISPUTE.
You further agree, subject to section 15(5), to submit any claim, dispute, action, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section 15. Further, you agree that arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This arbitration clause shall survive termination of the Terms. This section is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your purchase of our Products and use of our Services and/or Products. Any disputes or claims made by you or your representatives against us arising out of or relating to Terms or your purchase of our Products and use of our Services and/or Products (whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
(3) Arbitration Procedures
You must first present any claim or dispute to us by contacting our customer support to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. We may request arbitration against you if we can’t solve the issues with you within 60 days after we notify you of a dispute or claim in accordance with section 17(3). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Terms. The place of any arbitration will be San Francisco, California, United States, and will be conducted in the English language. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration laws. Claims will be heard by a single arbitrator. An arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
There shall be no right or authority for any claims subject to this section to be arbitrated on a class action or consolidated basis or brought in a purported representative capacity on behalf of the general public including but not limited to as a private attorney general.
(4) Costs of Arbitration
All administrative fees and expenses of arbitration will be divided equally between us and you. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(5) Exception of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our confidential information and intellectual property rights or to prevent loss of data or damage to our servers in any court of competent jurisdiction.
The Terms will be governed by and interpreted in accordance with the laws of the State of California, United States, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to the Terms shall be a federal or state court in Alameda County, California, and you consent to such jurisdiction and venue, unless such claim and dispute is required to be arbitrated as set forth in section 15.
(1) Waiver. Your waiver stated under these Terms includes the express waiver under CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISIONS IN ANY OTHER JURISDICTIONS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(2) Transfer. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent or expressly agreed under these Terms.. We may transfer, assign or delegate the Terms and associated rights and obligations without your consent.
(3) Electronic Communications.
You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about our Products and Services unless you opt-out of such emails. We are not responsible for any automatic filtering you or your network provider may apply to email notifications. We may also provide notification to you by posting such notice at our website.
A copy of the Terms produced from electronic format is legally equivalent to the original for any and all purposes, including litigation.
(4) Severability If any section of these Terms is found to be unenforceable or invalid, that section shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
(5) Entire Agreement. Both parties agree these Terms contain the entire understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
(6) Headings. Headings for each section have been included above for convenience, but such headings do not have any legal meaning.
SPECIAL TERMS AND CONDITIONS THAT APPLY TO PROFESSIONAL CALL CENTER MONITORING CUSTOMERS
IN ORDER FOR YOU TO BECOME FAMILIAR WITH THE USE AND OPERATION OF THE SYSTEM, YOU SHALL HAVE A ONE (1) DAY PERIOD FOLLOWING ACTIVATION OF YOUR SYSTEM (THE “PRACTICE MODE PERIOD”) TO PRACTICE USING THE SYSTEM. YOU AGREE THAT DURING THE PRACTICE MODE PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. DURING THIS PERIOD, THE SYSTEM WILL ONLY SEND NOTIFICATION TO THE OWNER, THE AUTHORIZED USERS AND/OR EMERGENCY CONTACTS AS ASSIGNED BY THE OWNER. IF YOU CONTACT US TO ATTEMPT TO SKIP THE PRACTICE MODE PERIOD, YOU ACKNOWLEDGE THAT IT TAKES TIME FOR THE SYSTEM TO BE PLACED ON-LINE WITH THE MONITORING FACILITY, AND NO RESPONSE TO ALARM SIGNALS, INCLUDING ANY ACTUAL EMERGENCY, MAY BE MADE UNTIL YOUR ACCOUNT DISPLAYS AS “IN SERVICE” AND NOT “PRACTICE MODE” IN YOUR ONLINE DASHBOARD.
The following terms and conditions apply to you if you have subscribed to professional call center monitoring services from us. To the extent any of the below provisions conflict with any provision of the Agreement appearing above, the terms of the below provisions will control.
Term and Termination. Unless specifically agreed otherwise when you order monitoring services, we will provide the services to you on a month-to-month basis, unless either party cancels the services through a company website or through any other mechanism provided by Company. We may suspend monitoring services or terminate the portion of this Agreement pertaining to monitoring services at any time upon providing written notice to you (email sufficing) three (3) days before the suspension or termination date, or immediately in the event that we are unable to provide the monitoring service because of occurrences outside of our control. If your system becomes a “runaway” system or is excessively communicating with our monitoring station without apparent reason, you authorizes and empowers us to, without limitation, do any one or more of the following: ignore all communications received from the system, disconnect the system, or render the system incapable of communicating locally or with our monitoring station by direct or remote programming the removal or deletion of data necessary to operate the system. The exercise of such rights shall not be deemed a waiver of our right to damages, and we shall have the right to enforce all other remedies or rights.
Transmission of Data, Video or Voice. You acknowledge and agree that the system is a non-supervised reporting device. If the transmission medium for delivery of data, video images or voice or other audio communications from your system to the monitoring facility is incompatible with the system or is inoperative, circumvented, compromised or interrupted by natural or human causes including, without limitation, the cutting of the telephone line, radio transmission interference, power line surges or outages, internet or broadband problems and internet or broadband provider problems, there is no indication of this fact at the monitoring facility. Further, you understand that, as applicable, and provided that you have affirmatively opted-in, (i) a video system enables Company to view your premises (“Premises”), and (ii) a two-way voice system enables Company to “listen-in” to your Premises. you authorize and consent to Company viewing your Premises and the area outside of your Premises and listening-in and release Company and representatives for all claims, losses, damages, costs and expenses due to Company viewing your Premises and the area outside of your premises and listening-in to your premises.
Indemnification. If anyone other than you, including your insurance company, asks Company or representatives to pay for any loss, damage or expense (including, without limitation, economic losses, property damage, personal injury or death) due to (i) breach of contract or warranty, express or implied, (ii) active or passive sole, joint or several negligence of any kind or degree by Company or representatives, (iii) failure or malfunction of the system or the monitoring facility, (iv) recording of communications or video surveillance/recording, (v) product or strict liability, or (vi) a claim for subrogation, indemnification or contribution, you agree to pay (without any condition that Company or representatives first pay) for all losses, damages, costs and expenses including, without limitation, attorneys’ fees, which may be asserted against or incurred by Company or representatives.
Suspension of Service. Should there be a termination or suspension of the contract between Company and its third party subcontractor providing monitoring services, or upon termination or suspension of monitoring services for any other reason, or if the system excessively sends video images or signals to Company’s monitoring facility, you unconditionally and irrevocably authorize Company to, without limitation, concurrently or consecutively, do any one or more of the following: ignore all video images and signals received from the system, disconnect the system, or render the system incapable of signaling locally or communicating with the monitoring facility by deletion or modification of data necessary to operate the system and Company’s obligations hereunder are waived automatically without notice to you. You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the system or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever including, without limitation, Company’s sole, joint or several negligence, for the duration of such interruption of service.
False Alarms. In the event the system is activated for any reason whatsoever, you shall pay, without any right to be reimbursed by Company, all fines, fees, costs, expenses and penalties assessed against you or Company by any court or governmental agency.
Monitoring Service. Monitoring service may be provided in connection with a device provided by Company or one or more third party hardware providers. Monitoring service consists solely of monitoring service personnel (“Operator”) communicating electronically with first responders or calling by telephone the telephone numbers supplied by you in writing or electronically for the police, sheriff, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, departments and organizations (collectively, “First Responders”) and persons identified by you as your emergency contacts (the “Call List”) within a reasonable period of time under the circumstances at the monitoring facility and the priority of the signals which are identified in writing (“Listed Codes”) or video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring services appear on the operator’s computer screen at the monitoring facility or when voice communication requesting assistance is received by an Operator from you or from the Premises (collectively, “Monitoring Services”). Monitoring service may also be provided when we relay information delivered to us via an automatic computer-initiated signal (i.e., an API call) when an alarm is triggered. No monitoring service shall be rendered for voice communication which does not request assistance or for video images which do not clearly and conspicuously reveal the necessity for monitoring service. In the event a signal is received at the monitoring facility which is not a listed code, you agree that Company’s sole duty and obligation is for Company to log the signal (the “Unlisted Code Policy”). If the premises is located in a jurisdiction requiring a personal verified on-Service response (“Verified Response”) prior to dispatching a First Responder, it is your sole responsibility to engage a service to provide such Verified Response. All fees, costs and expenses in connection with verified response shall be borne by you only. Notwithstanding anything contained herein to the contrary, (a) upon receipt of a Listed Code or video images and prior to communicating electronically or by telephone to First Responders or the Call List, Company or Operator may, in its sole and absolute discretion and without any liability, attempt to telephone the premises or attempt to contact you through telephone, electronic mail, text message or other similar means of communication at numbers or addresses provided by you or dealer in writing, as frequently as Company or Operator deems appropriate to verify the necessity to report the receipt of a Listed Code or video images to First Responders or the Call List, and (b) upon the receipt of an abort code or oral or electronic advice to disregard the receipt of a listed code or video images from you or any of your personal contacts on the Call List, all of whom have your authority and consent to direct Company or Operator to disregard receipt of a Listed Code, Company or Operator may, in its sole and absolute discretion and without any liability, refrain from contacting First Responders or the Call List or advise anyone previously notified of a Listed Code or video images of receipt of an abort code or oral or electronic advice to disregard the receipt of the listed code or video images. Company’s or Operator’s efforts to notify first responders or the call list shall be satisfied by advice electronically or by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications. you acknowledge and agree that (i) all software, hardware, firmware, codes, signals, audio and voice communications, video images, information and documentation arising out of or from, in connection with, related to, as a consequence of or resulting from this Agreement or the services (collectively, the “IP Property”) are the sole and exclusive property of Company or its subcontractor(s) and you have no rights whatsoever in any of the IP Property, and (ii) Company shall have the right in its sole and absolute discretion to destroy, delete, erase, etc. (collectively, “Destruction”) the IP Property at any time without notice to you; provided, that upon your written request to retain any specific IP Property being received by Company prior to the Destruction of the IP Property, Company shall use commercially reasonable efforts to store the specific IP Property as requested by you on the condition precedent that you pay all fees, costs and expenses related to your request.
Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any monitoring service to you, and bind you to said subcontractor with the same force and effect as they bind you to Company. You acknowledge and agree that Company has contracted with AvantGuard Monitoring Centers, LLC. (“AvantGuard Monitoring”). Subcontractors that we engage to provide any services under this Agreement are independent contractors, and are not partners, affiliates or joint venturers with Company. You hereby authorize Company to act on your behalf to provide direction to any subcontractor engaged to provide the services to you.
Consent to Intercept, Record, Disclose and Use Contents of Communications. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, “any person”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic, internet, broadband and other forms of transmission or communication to which Company and you or any person are parties.
Medical Emergency Signal. You acknowledge and agree that Company’s sole responsibility upon receipt of a medical emergency signal transmitted from the system is to call by telephone the medical assistance providers as directed by you. You understand and agree that Company and representatives are hereby released from all liability due to active or passive sole, joint or several negligence of any kind or degree of Company or representatives which you, or anyone claiming through you, in any way might or could claim against Company or representatives based upon, arising out of or from, in connection with, resulting from, related to or as a consequence of Company’s failure or improper dispatch of medical assistance providers.
Storage of Agreement and Information. You authorize Company to scan, image or otherwise convert, store or retain this Agreement and all information and other written materials in an electronic format of any nature and, in the sole and absolute discretion of company, to destroy all written documents or materials which have been so converted. You agree that an electronically produced copy of this Agreement and all other written documents and materials so converted is legally equivalent to the original for any and all purposes, including litigation or arbitration.
Video Systems. If the system transmits video images, you shall (i) provide and maintain adequate power and lighting for all cameras or other video-related equipment; (ii) inform all persons on the premises that they may be monitored by video; (iii) not use or permit the use of video installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit video images from the system; (v) use the video system for security surveillance and management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for the installation and operation of the video system. You understand and agree that (i) a video system enables Company to record, store and review images of the interior of the premises and the area outside of the premises, and (ii) video with audio capability enables Company to record, store and review oral communications from in and outside of the premises. You hereby agree, authorize and consent to Company recording, storing and reviewing video images and oral communications transmitted from the video system at the premises. monitoring service in connection with the receipt of video images at Company’s monitoring facility consists solely of operator communicating electronically or calling by telephone the proper authorities within a reasonable period of time under the circumstances at the monitoring facility (including, without limitation, the priority of all signals and video images received by the monitoring facility) after video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring service appear on the operator’s computer screen at the monitoring facility; provided, that the operator shall not be required to view the video images more than one time as the video images appear on the operator’s computer screen. Notwithstanding anything in the Agreement to the contrary, Company’s obligation to perform monitoring service in connection with any listed code received from any intrusion detection system at the premises is conditioned on (i) receipt of video images from the video system related to the listed code, and (ii) operator’s determination, pursuant to this section, of whether to communicate electronically or call by telephone first responders or the call list.
Email Notice. In the event you elect to receive automatic email notice of certain system events, e.g., the arming or disarming of the system, you acknowledge, understand and agree that (i) any such notice is conditioned on (a) receipt of the data at Company’s central station, (b) the proper operation of communication equipment, services, systems and networks including, without limitation, the internet, and (c) any failure, malfunction or delay in processing or transmitting the data by Company’s equipment or software, and (ii) Company is hereby released from any liability arising out of or from, resulting from or in connection with the failure, malfunction or delay of any such notice for any reason, including Company’s or representative’s sole, joint or several negligence of any kind or degree.
Consent to Call Subscriber and Call List. You, for yourself and as the authorized agent of each person on your call list from time-to-time, consent to Company calling each such person’s cell phone or other mobile device.
Limitation on Actions. No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties’ obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.