Do-It-Yourself Alarm Monitoring Contract Terms and Conditions of Service
suretyCAM, LLC, an Ohio limited liability company (“Company”) doing business as Surety℠ will provide you (“you,” “your,” or the “Customer”) with the alarm monitoring services (the “Services”) specified by you on the Company www.suretyDIY.com website (the “Site”) at the location identified by you on the Site (the “Service Location”) in accordance with this Do-It-Yourself Alarm Monitoring Contract Terms and Conditions of Service (the “Contract”).
- Acceptance of Contract. You have accepted this Contract, and have agreed to be bound by these terms and conditions upon the earlier of (a) your acknowledgment or acceptance of this Contract (inclusive of all attachments and schedules) electronically, or (b) your use of the Services.
- Payment Terms: Charges and Billing.
- Charges, Fees, and Taxes. You agree to pay all charges associated with the Services, including, without limitation, activation and Service charges, measured charges, third party charges, applicable federal, state and local taxes, permitting and regulatory fees, and any other fees or assessments of any municipal, state and federal government imposed on the Company or the Services.
- Payment Terms. During the Term, Services are rendered to you on a month-to-month basis. You will be automatically charged monthly, ten (10) business days in advance of the monthly Service Date (“Payment Date”), for the recurring services charges in an amount equal to the monthly amount specified in the Contract or on the Site to which you previously agreed, plus any and all applicable taxes, fees, and additional charges (collectively the “Service Fee”). The Service Fee shall be automatically charged and/or withdrawn from your designated credit/debit card on the Payment Date, and you hereby authorize Company to automatically charge your credit/debit card for all such amounts. Prior to receiving the Services, you agree to execute any and all additional automatic payment authorizations and/or paperwork to allow Company to collect your monthly Service Fee as set forth herein.
- Insufficient Payments. You agree that if a Service Fee or other amount cannot be collected for any reason when due, continued attempts may be made to debit or charge the designated account for the amount owed until payment in full has been received. You further acknowledge and agree to maintain a deposit or credit balance in the designated account sufficient to make all Service Fees when due and also to pay for any other amounts owed under the Contract, including past due amounts and default charges, if any. If the Company does not receive payment from your credit/debit card, you agree to pay all amounts due upon demand, if the Services continue. Company does not waive its right to collect the full balance of Service Fee or other charges owed. If the Company uses a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection, including without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
- Term, Termination. The term of this Contract shall be for thirty (30) days, beginning on the date of your acceptance (“Service Date”), and shall automatically renew for successive monthly periods every month thereafter on the monthly anniversary of the Service Date (each month a “Term”). Customer may terminate this Contract at any time by submitting to Company the cancellation form (provided on the Site) by midnight at least one (1) business day before the next monthly Payment Date. If you provide Company notice your intent to terminate the Services on or prior to one (1) business day before the next Payment Date, you will not be charged the Service Fee for the next monthly Term, and all Services shall terminated. Company may terminate this Contract at any time, effective upon notice to you of such termination. Notwithstanding the foregoing, and without limiting the generality of the foregoing, this Contract, and the Services rendered hereunder, shall be terminated immediately if the Company is unable to secure the Services Fee within two (2) business days prior to the Payment Date. You acknowledge and agree that after the Contract is terminated pursuant to the Section 3, the Company shall have no obligation to provide the Services to you.
- MONITORING SERVICES: During the Term, the Company will monitor signals from the alarm monitoring equipment (the “System”) located at the Service Location for the Services designated by you. The Services shall begin when the System is fully installed by you, is operational, and the necessary communications connection has been completed.
- Central Station Monitoring. The Company may contract the performance of all or any portion of the Services to a third party provider, contractor, or sub-contractor. Upon receipt of a signal from the System, Company, or its third party provider, shall make every reasonable effort to notify you and the designated local authorities. Customer acknowledges that signals transmitted from the Service Location directly to municipal police or fire departments are not monitored by personnel of Company’s communication’s center and Company does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Customer authorizes Company to access control panel to input or delete data and programming. If the System contains listening devices permitting Company (or any other third party provider) to monitor sound, then upon receipt of an alarm signal Company (or any other monitoring designee) shall monitor sound for so long as Company (or any other third party provider) in its sole discretion deems appropriate to confirm an alarm signal. You agree to comply with all permitting requirements under applicable law with respect to the operation of the System and our provision of the Services, and to provide the Company with the permit number and such other information as we may request from time to time. You understand that, upon receiving notification that an alarm signal has been received by the Company, the police, fire department or other responding authority may forcibly enter the Service Location, and Company shall not be liable for any resulting damages relating to or arising in connection with such entry.
- Equipment; Service interruptions. Customer acknowledges that signals are transmitted over telephone lines, wire, airwaves or other modes of communication networks which are wholly beyond the control of Company and are not maintained by Company and therefore Company shall not be responsible for any equipment failure, which prevents transmission signals from reaching the Company (or any other third party monitoring provider), or for any damages arising therefrom. YOU UNDERSTAND THAT THE COMPANY, INCLUDING ANY THIRD PARTY PROVIDER, WILL NOT RECEIVE SIGNALS FROM THE SYSTEM IF YOUR TRANSMISSION SYSTEMS ARE NOT WORKING PROPERLY, TRANSMISSIONS ARE INTERRUPTED FOR ANY REASON, OR IF CHANGES IN THE TRANSMISSION SYSTEMS PREVENT THE SYSTEM FROM COMMUNICATING WITH THE MONITORING THIRD PARTY PROVIDER. YOU ARE RESPONSIBLE FOR TESTING THE SYSTEM ON A WEEKLY BASIS, AS WELL AS IMMEDIATELY FOLLOWING ANY STORM, POWER OUTAGE, TRANSMISSION SYSTEM OUTAGE, OR ANY CHANGE TO ANY TRANSMISSION SYSTEM, IN ORDER TO VERIFY THE CONTINUED FUNCTIONING OF THE SYSTEM. You will notify the Company of any problems with the System. You understand that no form of monitoring is error-free and that the Company is not responsible for any interruption of Services due to faulty equipment, faulty transmission systems, power outages, other interruptions in transmission services, transmission systems that have been tampered with or any damage or destruction to the Company’s equipment or facilities. The Company is not required to supply monitoring service to you while any such interruption continues.
- Emergency Contact Information. Customer agrees to furnish Company with an accurate list of names and telephone numbers of those persons Customer wishes to receive notification of alarm signals. All such information, and changes and modifications thereto, shall be supplied to Company via the Site, and such list shall be updated as necessary. The person(s) identified on your notification contact list will be authorized to act on your behalf, including the authority to cancel an alarm prior to the notification of emergency response organizations. The Company is entitled to rely solely on your emergency contact information and the instructions of such person. You acknowledge that the Company may be subject to applicable laws and industry standards designed to reduce false alarms, and that these may result in practices and procedures that delay either the notification of emergency responders, or other verification procedures in response to monitored alarms. You agree that the Company may, in its sole discretion, attempt to contact you to verify that a signal is not a false alarm. IF THE COMPANY HAS REASON TO BELIEVE, IN ITS SOLE DISCRETION, THAT NO EMERGENCY CONDITION EXISTS, IT MAY ELECT NOT TO FOLLOW THE NOTIFICATION PROCEDURES UTILIZED FOR EMERGENCY CONDITIONS. Neither the Company shall be liable for its failure to contact you or any person on your emergency contact sheet as contemplated in this Section 4.
- NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER’S EXCLUSIVE REMEDY:
- No warranty on Services. Company does not represent nor warrant that Customer’s alarm System or the monitoring Services provided hereunder will prevent any loss, damage or injury to person or property, by reason of burglary, theft, hold-up, fire, or other cause, or that the alarm System or the monitoring Services provided hereunder will in all cases provide the protection for which it is installed or intended. Customer acknowledges and agrees that Company is not an insurer, and the Customer assumes all risk for loss or damage to Customer’s premises or its contents.
- Limited Warranty on Equipment. In the event you have purchased alarm monitoring equipment from the Company, the Company shall pass along the standard manufacturer’s warranty on such part, as applicable. The Company does not provide any additional warranties on any equipment purchased through the Site. If the equipment or part purchased from Company does not work due to a defect, the Company will ship you a replacement part (at our cost); provided, however, that you have returned the defective part to Company within the manufacturer’s standard warranty period. This limited warranty is for your benefit only and may not be enforced by any other person. You understand that this limited warranty does not extend to any monitoring equipment, piece or part which was not purchased from Company or which was damaged due to the actions or inaction of you or any third party. This limited warranty is the only warranty the Company makes, is made only with respect to the portions of the System which were purchased from Company, and takes the place of all other warranties whether express or implied. NO EXPRESS OR IMPLIED WARRANTIES EXTEND BEYOND THE FACE OF THIS Contract. THE COMPANY MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not promise that the System or the Services cannot be compromised or that they will always provide the intended signaling, monitoring or other service. If a court decides the Company has given you any implied warranty, it will extend only for the length of the Warranty Period.
- EXCULPATORY CLAUSE: The parties agree that Company is not an insurer and no insurance coverage is offered herein. You acknowledge and agree that neither the Company, nor its affiliates, suppliers, service providers, contractors, or subcontractors is an insurer of or against any potential or actual loss or damage to person or property that may occur in or at the Service Location. YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS CONTRACT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO COMPANY UNDER THIS CONTRACT. You understand that your payments to Company are for the monitoring Services of the Service Location which are designed to reduce, but not eliminate, certain risks and loss, and Company does not guarantee that no such loss will occur. Company is not assuming liability and therefore shall not be liable to Customer for any loss or damages sustained by Customer as a result of burglary, theft, hold-up, fire, equipment failure, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by, or contributed to, by Company’s negligent performance or failure to perform any obligation.
- LIMITATION OF LIABILITY: The parties agree that the System and the Services are not designed or guaranteed to prevent any loss by burglary, theft and other illegal acts of third parties, or loss by fire, smoke, water or another cause. The Company expressly denies and disclaims all liability for any loss or damage which may occur prior to, at or after signing this Contract. This includes liability based on contract, tort, negligence or any degree, warranty (including merchantability and fitness for a particular purpose) and all other theories of liability. If, notwithstanding the terms of this Contract, there should arise any liability on the part of the Company (or its affiliates, suppliers, service providers, contractors, or subcontractors) as a result OF any cause whatsoever regardless of whether or not such loss, damage, personal injury was caused by, or contributed to, by Company’s negligence to any degree or failure to perform any obligation, such liability will be limited to the sum of $250.00. The Limitation of Liability set forth in this Contract specifically covers liability for Lost Profits, lost or damaged property, loss of use of property or the Service Location, governmental fines and charges, and the claims of third parties. Also covered by this Limitation of Liability are the following types of damages: Direct, indirect, Special, Incidental, Consequential, and punitive.
- INSURANCE: You are responsible for obtaining the insurance coverage which you believe is necessary to protect the Service Location, including, without limitation, coverage for personal injury and property damage. Company shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Customer from insurance covering such loss or damage against which Customer is indemnified or insured. Additionally, you hereby release Company for any event or condition customarily covered by homeowner’s or business insurance, as applicable to the Service Location.
- CUSTOMER’S DUTY TO SUPPLY: Customer shall be responsible for supplying the following to the System in order to receive the Services: the System (and/or all equipment and parts necessary to provide the Services); proper installation of the System; an initial test of the System to verify ability to send alarm signals to the central monitoring station; 110 Volt AC receptacles , as deemed necessary, by Company.
- INDEMNITY/WAIVER OF SUBROGATION RIGHTS: This Contract is for your benefit, therefore, you agree to and shall protect/indemnify, hold harmless, defend, and release Company and its employees, agents, assigns, and subcontractors, from and against all damages, losses, expenses, including reasonable attorneys’ fees, incurred by the Company in connection with any claims, suits, judgments, and causes of action which relate to the System or Services provided by the Company (including, without limitation, those claims alleged to be caused by Company’s performance, negligence, or failure to perform any obligation under this Contract). The parties agree that there are no third party beneficiaries of this contract except as provided below. Customer on its behalf and any insurance carrier waves any right of subrogation Customer’s insurance carrier may otherwise have against Company or Company’s subcontractors arising out of this Contract or the relation of the parties hereto. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
- Assignments and Delegation. Customer shall not be permitted to assign this Contract without written consent of Company. Company may sell, transfer, delegate, subcontract, encumber or assign, without the consent of Customer, its (i) obligations under this Contract, and (ii) right, title and interest in the Service Fee owed under this Contract to an assignee. Any assignee of Company will have all of Company’s rights under this Contract to bill and collect the Service Fees owed under this Contract, but none of the obligations. Customer agrees that an assignee does not have any responsibility for the selection or satisfactory performance of the Services and Customer will settle any claims, defenses, setoffs they may have directly with Company or any third party without affecting Customer’s obligations to pay without offset or abatement to assignee.
- FALSE ALARMS AND PERMITS: You agree to prevent false alarms and assume responsibility for them. Company shall have no liability for false alarms, false alarm fines, police response, or refusal of police to respond. In the event of termination of police response by the municipal police this Contract shall nevertheless remain in full force and Customer shall remain liable for all payments provided for herein. Should Company be required, by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this Contract, Customer agrees to pay Company for such service. The Customer agrees to obtain all licenses and pay all taxes, fines and other assessments, including sales tax. The Company’s fees are based upon existing taxes and charges, and the Company can increase the Company’s fees to reflect changes in these taxes or charges. The Customer agrees to check with the local municipality to determine whether any licenses or permits are needed.
- Customer Representations; Acknowledgments.
- Customer Details. You represent and warrant to Company that you are at least eighteen (18) years of age and have the authority to sign this Contract, and in doing so will not violate any other agreement. You agree to provide the Company with information that is accurate, complete and current, including your legal name, address, telephone number, payment data (including information related to authorizing recurring payments) and all information related to the Services. You agree to notify the Company promptly, via the Site, if there is any change in the information that you have provided to the Company. Failure to provide and maintain accurate information is a breach of this Contract. You represent and warrant that you are either the owner of the Service Location or have authority to give the Company access to the Service Location to perform the Services. If you are not the owner of the Service Location, you are responsible for obtaining any necessary approval from the owner to allow the Company and its agents into the Service Location to perform the activities specified herein. You agree to notify the Company immediately of any changes of ownership or occupancy of the Service Location. Your obligations continue even if you sell or leave the Premises unless you have terminated this Contract pursuant to Section 2.
- Equipment Installation; Use of own Equipment. You represent that you are the owner of the System. Customer acknowledges that Company has not installed the System and is not responsible for installation or maintenance of the System or any particular part therein. You further acknowledge that you have purchased and installed the System required for the Services on your own, and that Company shall not be liable for any installation, technical support, or routine maintenance of the System. You further acknowledge and agree that you shall be solely responsible for maintaining your System to ensure proper performance of the Services, and that Company shall have no liability or responsibility for such maintenance or technical support.
- Rights; Remedies. If the Company waives any default by you, that does not mean that the Company waives later default. Any waiver by the Company must be provided to you in writing. Your sole and exclusive remedies under this Contract are as expressly set forth in this Contract. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of the Company is limited to the maximum extent permitted by law. All representations, warranties, indemnifications and limitations of liability contained in this Contract shall survive the termination of this Contract. Nothing contained in this Contract shall be construed to limit the Company’s rights and remedies available at law or in equity.
- Alarm.Com Terms and Conditions. The Alarm.com terms and conditions, set forth on the attached Schedule I, shall be incorporated and fully integrated in this Contract. You assent and agreement to this Contract shall constitute your assent and agreement to the terms and conditions set forth on Schedule I.
- FULL AGREEMENT; SEVERABILITY: This Contract (inclusive of all attachments and schedules) constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties. If any provision of this Contract is found to be invalid, the invalid portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining provisions shall still be effective. The Company does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Contract. Neither the course of conduct between you and the Company nor trade practice shall act to modify any provision of this Contract.
- Governing Law; Legal action: This Contract shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to such state’s conflict of laws principles. Any suit or action that arises out of or relates or pertains to this Contract or the subject matter hereof shall be brought only in the state or Federal courts of the State of Ohio having exclusive jurisdiction. Unless otherwise indicated, all notices must be in writing. You must bring any claim arising out of this Contract or related to the Services against the Company within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If you do not, you waive, to the extent permitted by law, all rights you may have with respect to such claim and the Company shall not have any liability to you with respect to that claim. In any litigation between the parties in which Company is successful, Customer shall pay Company’s legal fees. TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND CUSTOMER BOTH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT AND THE SERVICES.
- Manner of Execution: Facsimile signatures shall be deemed as fully enforceable valid signatures as if such signatures were an original signature as of the date executed. Additionally, you acknowledge that electronic verification and/or the affirmative act of clicking “I AGREE” shall be deemed to be your valid authentication of this Contract, as if you have personally executed this Contract.
Schedule I: Alarm.com Terms
IMPORTANT — READ CAREFULLY: You have recently agreed to purchase residential or commercial security products and services from an independently owned and operated security services dealer (“Dealer”). Alarm.com Incorporated (“Alarm.com”) has authorized the Dealer to market and sell to you Alarm.com’s services (“Alarm.com Services”) for your use with certain hardware and other products (“Equipment”) that enable the Alarm.com Services. These Alarm.com Terms (Sections A1 through A10) are part of your legal agreement with the Dealer. These Alarm.com Terms appear on the front and back of this page and contain, among other things, important warranty disclaimers (in Section A3) and limitations of liability (in Section A5) applicable to your use of the Alarm.com Services and the Equipment. By signing your agreement with the Dealer, accessing the Alarm.com customer website or using any other part of the Alarm.com Services, you agree to be bound by these Alarm.com Terms. Although these Alarm.com Terms are part of your legal agreement with the Dealer, you acknowledge and agree that they may be enforced by Alarm.com directly.
|A1. Pursuant to your agreement with the Dealer, you have agreed to purchase Alarm.com Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that (a) you have had the opportunity to read and review these Alarm.com Terms before entering into your agreement with the Dealer, (b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com subscriber or if the Alarm.com Services become unavailable at your location for any reason, you will have no right of refund, return or deinstallation with respect to any Alarm.com Services or any Equipment, except if and to the extent otherwise required by law. Alarm.com may modify these Alarm.com Terms from time to time as required to comply with applicable law.
A2. The Equipment contains proprietary software of Alarm.com that is embedded in the hardware. Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, “Alarm.com Materials”) and the Alarm.com Services. You agree that you will not (a) use, or cause or permit any other person or entity to use, any Alarm.com Materials or Alarm.com Services to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of any Alarm.com Materials, (ii) the transferring or purported resale or sublicensing of any Alarm.com Materials, or (iii) the removal, delivery, or exportation of any Alarm.com Materials outside the United States or any other act in violation of any relevant export laws or regulations.
A3. THE SOLE WARRANTY PROVIDED BY ALARM.COM WITH RESPECT TO THE ALARM.COM SERVICES, ALARM.COM MATERIALS AND EQUIPMENT IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE ALARM.COM SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET
|FORTH IN THESE ALARM.COM TERMS (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO ALARM.COM SERVICES, ALL ALARM.COM
SERVICES ALL EQUIPMENT AND ALL ALARM.COM MATERIALS THAT ARE OR MAY BE PROVIDED BY ALARM.COM ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALARM.COM DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THE LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL ALARM.COM SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU. ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES.
A4. The prices we charge for the Alarm.com Services and Equipment reflect the value of the goods and services Alarm.com provides and not the value of your premises or its contents or any losses associated with personal injury or death. You understand and agree that Alarm.com is not an insurer of your property or the personal safety of persons in or around your premises. If you feel that you need insurance, you should obtain it from a third party. You understand and agree that (a) the Alarm.com Services and Equipment may not detect or prevent an unauthorized intrusion onto the premises or other emergency condition such as fire, smoke, carbon monoxide,
© 2008 Alarm.com ***IMPORTANT — see next page for additional terms ***
|medical emergencies or water damage; (b) it is difficult to determine in advance the value of the property that might be lost, stolen, damaged or destroyed if the Alarm.com Services or Equipment fail to operate properly; (c) it is difficult to determine what portion, if any, of any property loss, personal injury or death would be proximately caused by Alarm.com’s: (i) breach of these Alarm.com Terms, (ii) failure to perform, (iii) negligence (including gross negligence), or (iv) any failure of the Alarm.com Services or Equipment.
A5. YOU AGREE THAT ALARM.COM’S LIABILITY TO YOU FOR ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE ALARM.COM SERVICES, AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT ALARM.COM WAS LIABLE FOR THE HARM, DAMAGES, INJURY OR LOSS. YOU FURTHER AGREE THAT THE LIMITATION OF LIABILITY IN THIS SECTION A5 SHALL APPLY (a) EVEN IF IT IS DETERMINED THAT ALARM.COM CAUSED THE HARM, DAMAGES, INJURY OR LOSS TO YOU OR SOMEONE IN OR AROUND YOUR PREMISES (INCLUDING EMPLOYEES AND INVITEES) AND (b) TO ALL HARM, DAMAGES, INJURY OR LOSS INCURRED INCLUDING ACTUAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL FEE TO ALARM.COM. IF YOU ELECT THIS OPTION, A RIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS AN INSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.
A6. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Alarm.com, attempts to hold Alarm.com responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from (a) a failure of the Alarm.com Services or Equipment, (b) Alarm.com’s negligence (including gross negligence), (c) any other improper or careless activity of Alarm.com, or (d) a claim for indemnification or contribution, you will repay to Alarm.com (i) any amount which Alarm.com is required to pay or which Alarm.com reasonably agrees to pay in settlement of the claim, and (ii) the amount of Alarm.com’s reasonable attorney’s fees and any other losses and costs that Alarm.com
|may incur in connection with the harm, damages, injury or loss.
A7. You understand and agree that these Alarm.com Terms, and particularly Sections A5 and A6, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives and affiliates of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors.
A8. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE ALARM.COM SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY. EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.
A9. These Alarm.com Terms shall be governed by the law of the State of California, without giving effect to its rules of conflict of laws. If you are a resident or business located in the State of California, the following applies to you: If either you or Alarm.com commences a law suit for a dispute arising under or related to these Alarm.com Terms or in anyway relating to the Alarm.com Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Proceduresection 638 et seq. and 641 through 645.1 or any successor statutes thereto.
A10. If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
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