IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO A LIMITATION OF LIABILITY, WAIVER OF SUBROGATION, THIRD PARTY INDEMNIFICATION, WAIVER OF CLASS ACTION, WAIVER OF JURY TRIAL, WAIVER OF WARRANTIES, AND EXCLUSIVE JURISDICTION FOR ANY LEGAL DISPUTES IN THE STATE OF CALIFORNIA.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCEPT THEM, DO NOT CHECK OUT AND DO NOT PAY FOR THE EQUIPMENT AND SERVICES.
Customer Terms of Service
These Terms of Service (“Terms”) govern your legal rights regarding your purchase of electronic security equipment (the “Equipment”) and services (the “Services”) from Automation Surveillance & Security LLC, a California limited liability company (the “Company” or “we” or “our” or “us”) on this website. Company is defined herein to include its shareholders, members, owners, partners, directors, officers, managers, employees, agents, affiliates, subsidiaries, successors, and assigns.
By accepting these Terms, you signify your understanding, agreement, acknowledgement, and assent to each of these Terms. These Terms constitute a binding legal agreement between you and the Company (the “Agreement”).
I. SOME IMPORTANT DEFINITIONS
“Customer” or “you” or “your” means the person who accepted these Terms, purchased the Equipment and Services, and each of his or her family members and users of the Equipment and Services.
“Monitoring Station” means a central monitoring facility who will be providing the Monitoring Service(s) (defined herein) for the Equipment. You understand and agree that Company and the Monitoring Station are independent operating companies. There is no employer/employee or master/servant relationship between the Monitoring Station and the Company.
“Services” collectively means the features, functionalities, and services available on and through the Equipment, including, without limitation, the Monitoring Services, any mobile application you download and use with your Equipment, and any services provided by Third-Party Service Providers (as defined herein).
II. THESE TERMS APPLY TO THE MONITORING STATION AND ANY THIRD-PARTY SERVICE PROVIDERS
II. THESE TERMS APPLY TO THE MONITORING STATION AND ANY THIRD-PARTY SERVICE PROVIDERS
IT IS THE INTENTION OF THIS AGREEMENT THAT THE LIMITATION OF LIABILITY, WAIVER OF SUBROGATION, THIRD PARTY INDEMNIFICATION, WAIVER OF CLASS ACTION, WAIVER OF JURY TRIAL, WAIVER OF WARRANTIES, AND EXCLUSIVE JURISDICTION FOR ANY LEGAL DISPUTES IN THE STATE OF CALIFORNIA, CONTAINED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE MONITORING STATION AND ANY OTHER THIRD-PARTY SERVICE PROVIDER (“THIRD PARTY SERVICE PROVIDER(S)”) PROVIDING SERVICES. FURTHER, YOU UNDERSTAND AND AGREE THAT THE MONITORING STATION PROVIDING THE MONITORING SERVICE AND ANY THIRD-PARTY SERVICE PROVIDER ARE ENTITLED TO THE BENEFIT OF, RELY UPON, AND ENFORCE THOSE TERMS, ALONG WITH ALL OTHER TERMS IN THIS AGREEMENT, IN THE EVENT OF ANY DEMAND, CLAIM, LAWSUIT, DISPUTE OR OTHER LEGAL ACTION BY YOU OR ANY THIRD-PARTY AGAINST THE COMPANY, THE MONITORING STATION OR ANY THIRD-PARTY SERVICE PROVIDER.
III. THIS IS OUR ENTIRE AGREEMENT; YOU MUST BE OF LEGAL AGE TO BUY THE EQUIPMENT AND AGREE TO THESE TERMS
This Agreement represents the entire understanding relating to your relationship with the Company for the purchase and use of the Equipment and Services and prevails over any prior or contemporaneous, conflicting, or additional written or verbal communications between you and the Company. All rights not expressly granted herein are reserved by the Company.
You must be of legal age in your state of residence to accept these Terms, and purchase and use the Equipment and Services. If you are not of legal age, do not agree to these Terms, and do not purchase the Equipment and Services.
IV. WE MAY CHANGE THIS AGREEMENT AND THE SERVICES
The Company may revise, update, or change these Terms. If we make changes, we will make reasonable efforts to notify you by placing a notice on the Company website, notifying you through the Services, by sending you an electronic message, or by some other means. By continuing to use the Equipment and Services after any such changes, you are expressing your acknowledgement and acceptance of the changes.
We are always trying to improve the Services, so they may change over time. We may suspend, discontinue, or remove any part of the Services in our sole discretion, or we may introduce new features, functionalities or impose limits on them from time to time. Similarly, we reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms, your failure to pay for the Services, the policies and procedures of the Company, the Monitoring Station, or any Third-Party Service Provider, or in the event of a Force Majeure Event (defined herein).
V. YOU CONSENT TO ELECTRONIC CONTACT
You consent to receive electronic communications via email or text messaging or telephone call, and your consent applies for any purpose relating to this Agreement including, without limitation, information relating to the Equipment, Services and any notifications from the Monitoring Station or a Third-Party Service Provider (“Notification Purpose(s)”). You also represent that when you provide us with a telephone number or an email address for yourself, any emergency contact or any other third party, you and any such individuals consent to receive service-related text messages, telephone calls, and emails for any Notification Purpose. You are responsible for any message and data rates that may apply. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
VI. HOW AND WHEN TO CANCEL SERVICES AFTER THE INITIAL TERM
During your purchase experience on this website, you have agreed to an initial term for the Monitoring Services (e.g., month to month,six (6) months or one (1) year). Once that initial term ends, the Monitoring Services will continue month-to-month. You can always cancel the Monitoring Services by notifying us in writing at least thirty (30) days before the end of the initial term, or any month-to-month renewal term.
YOU UNDERSTAND AND AGREE THAT IF YOUR ACCOUNT IS CANCELLED OR SUSPENDED FOR ANY REASON, THE SERVICES, INCLUDING THE MONITORING SERVICES, WILL NOT BE PROVIDED UNLESS AND UNTIL YOUR ACCOUNT IS RE-ACTIVATED.
VII. YOU PERMIT US, THE MONITORING STATION AND THIRD-PARTY SERVICE PROVIDERS TO RECORD YOUR CONTENT
By using the Equipment and Services, you give the Company, the Monitoring Station, and any Third-Party Service Provider the right, without prior notice, compensation, or obligation to you, to access, use, preserve, record, store and disclose your Content (as defined herein) for the limited purposes of providing the Services to you. In addition to the rights granted above, you also acknowledge and agree that the Company may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally or otherwise required to do so. “Content” as used herein means all audio, video, data, alarm signals, written, images, text, e-mails, or other types of content and account information relating to the Equipment and Services.
VIII. OUR CUSTOMER SERVICE AND SUPPORT
Customer service and any customer care and support offered or provided by the Company will be limited to questions relating to the Equipment, Services, and this Agreement.
IX. INSTALLATION, TESTING, MAINTENANCE AND REPAIR
It is your sole responsibility to install the Equipment, and test the Equipment once installed to be sure it is fully operational, and all times after installation.
X. YOUR SMARTPHONE
Use of the Equipment and Services will require you to download a mobile application onto your GPS enabled smartphone (the “Smartphone”). We have not supplied the Smartphone and have no responsibility for its operation, or any related message and data rates, fees, costs, or the operation or effectiveness of the GPS feature, or any blue tooth feature.
You acknowledge that data and signals which are transmitted to or by your Smartphone pass through communication networks wholly beyond our control and are not owned, controlled, or maintained by the Company and, therefore, we are not responsible for any equipment or network failure or disruption of any kind which prevents data or signals from reaching your Smartphone, the Monitoring Station or any Third-Party Service Provider, or damages arising therefrom.
XI. YOUR INTERNET SERVICE
Proper use of the Equipment and Services will require a connection to your internet service (“Internet Service”). We are not responsible in any way for the connection, or any cancellation, interruption, disruption, hacking, unauthorized access, or down time of your Internet Service. We are not responsible for any data rates or other fees and costs for your Internet Service. You acknowledge that the Services will not work as intended if your Internet Service is not properly connected to the Equipment, cancelled, turned off, disconnected, compromised, disrupted, or non-operational for any reason. We are not responsible for the security or privacy of your Internet Service, or any wireless network system or router used for or in connection with your Internet Service.
XII. THE SECURITY ALARM PANEL, ROUTER AND WIRELESS RADIO TRANSMITTER
The security alarm panel is a component of the Equipment and has a built-in router and a wireless radio transmitter to send data and signals to the Monitoring Station, Third-Party Service Provider, and your Smartphone. You acknowledge that data and signals which are transmitted to or by the radio transmitter pass through communication networks wholly beyond our control and are not owned, controlled, or maintained by the Company and, therefore, we are not responsible for any equipment or network failure or disruption of any kind which prevents data or signals from reaching your Smartphone, the Monitoring Station or any Third-Party Service Provider, or damages arising therefrom.
XIII. GPS TRACKING
Some of the Equipment may be installed with a wireless GPS tracking device to ascertain the location of your property, such as the GPS Car Tracker (the “GPS Feature”). You understand that the GPS Feature will work only within the 50 United States, and in areas and at times where wireless GPS service coverage is available. The Company does not control the GPS service coverage, and the GPS Feature may be unable to track the location of your property, or the exact location, to the extent the GPS service coverage is not operational, interrupted, disrupted, or compromised for any reason. Generally, the GPS service coverage will only work on ground level locations, and the location of your property may not be ascertainable if it is within a building or any structure.
XIV. THE MONITORING SERVICE
YOU ARE CONTRACTING WITH THE DEALER FOR MONITORING SERVICES, AND THE DEALER WILL, IN TURN, REGISTER YOUR ACCOUNT WITH AMP. THE MONITORING SERVICES WILL BE PERFORMED BY A MONITORING STATION, NOT AMP. The Monitoring Services consists of a Monitoring Station (a) receiving a medical alert signal or a panic alarm signal and any related data transmitted from your registered GPS Wireless Device when you properly register for Services and utilize the AMP App to send a medical alert signal or panic alarm signal, and (b) a reasonable attempt to locate and make contact with you, in accordance with the policies and procedures of the Monitoring Station, over your registered GPS Wireless Device that transmitted the medical alert signal or the panic alarm signal to the Monitoring Station. If the Monitoring Station is unable to locate and/or contact you within a reasonable period of time, the Monitoring Station may, in accordance with its policies and procedures, attempt to contact one or more of your emergency contacts, if provided by you through the AMP App or the Dealer when registering your account and within your Account Information on the AMPEMERGENCY.COM website and available to the Monitoring Station. You agree that any person that you have designated as an emergency contact is authorized to act on your behalf and has the authority to verify or cancel a medical alert signal or panic alarm signal received by the Monitoring Station prior to, or after, any notification of emergency responders. If required by law or authorized by you or one of your emergency contacts due to an actual medical alert emergency, the Monitoring Station shall, in accordance with its policies and procedures, notify emergency first responders of your location and receipt of a medical alert signal or panic alarm signal.
Again, you understand and agree that you are solely responsible for providing through the AMP App all Account Information required by AMP to register and maintain your account for Monitoring Services with the Monitoring Station. All Account Information must be accurate and kept always updated. You may request assistance from the Dealer to provide AMP with the Account Information, and to assure its accuracy and that it is always updated. IF YOUR ACCOUNT INFORMATION IS NOT ACCURATE AND KEPT UPDATED, THE MONITORING SERVICES MAY NOT WORK AND THE MONITORING STATION MAY BE UNABLE TO RESPOND TO A MEDICAL ALERT SIGNAL OR PANIC ALARM SIGNAL OR LOCATE YOU.
You agree to be solely responsible for registering the Services (including the Monitoring Services) with your local county or state, if required, and obtaining any required certification or permit, including the completion of all required applications and payment of fees.
NEITHER THE COMPANY NOR THE MONITORING STATION PROVIDES ANY MEDICAL OR EMERGENCY ADVICE. YOU AGREE NOT TO RELY ON ANY MEDICALLY RELATED STATEMENT OR EMERGENCY ADVICE, ASSURANCE, RECOMMENDATION OR ADVICE MADE OR PROVIDED TO YOU BY THE MONITORING STATION.
YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR THE MONITORING STATION IS RESPONSIBLE FOR THE RESPONSE TIME OF EMERGENCY RESPONDERS, ANY RELATED DELAYS, OR THE FAILURE OF EMERGENCY RESPONDERS TO RESPOND TO A DISPATCH REQUEST BY THE MONITORING STATION.
XV. PLEASE REGISTER YOUR EQUIPMENT WITH YOUR LOCAL MUNICIPALITY
Your local municipality may require you to register the Equipment and the Monitoring Service, complete an application, pay a fee, and renew the registration annually or otherwise. IF YOU FAIL TO OBTAIN AND MAINTAIN THAT REGISTRATION, THE LOCAL MUNICIPALITY MAY NOT PERMIT THE MONITORING STATION TO REQUEST EMERGENCY RESPONDERS TO DISPATCH TO YOUR PREMISES IN THE EVENT OF AN EMERGENCY. YOU ARE SOLELY RESPONSIBLE FOR REGISTERING THE EQUIPMENT AND THE MONITORING SERVICE, AS REQUIRED, WITH YOUR LOCAL MUNICIPALITY, PAYING ANY APPLICABLE FEE, AND MAINTAINING THE REGISTRATION AT ALL TIMES WHEN YOU ARE USING THE EQUIPMENT AND THE MONITORING SERVICE.
XVI. YOU ARE RESPONSIBLE FOR FINES, PENALTIES AND FEES
You are responsible for any fees, fines or penalties relating to any false alarms or failure to register your Equipment and Monitoring Services with your local municipality and agree to promptly reimburse the Company for any such fees, fines or penalties assessed against us, or paid by us, relating to any false alarms, or your failure to register the Equipment and Monitoring Services.
XVII. THE MONITORING SERVICE
THE MONITORING SERVICE WILL BE PROVIDED BY A MONITORING STATION, NOT THE COMPANY. The Monitoring Service consists of a Monitoring Station (a) receiving data and signals from your Equipment, and (b) making a reasonable attempt to contact you or your registered emergency contacts in accordance with the policies and procedures of the Monitoring Station, over registered Smartphones, or other telephone numbers that you have provided to us (the “Monitoring Services”). You agree that any person that you have registered as an emergency contact is authorized to act on your behalf and has the authority to verify or cancel an alarm signal received by the Monitoring Station prior to, or after any notification of emergency responders. If required by law or authorized by you or one of your registered emergency contacts due to an actual emergency, the Monitoring Station will, in accordance with its policies and procedures, attempt to notify emergency responders and request that they dispatch to your premises.
All account information that you provided to us, including without limitation, Smartphone and telephone numbers for you and your registered emergency contacts, must be accurate and always kept up to date (“Account Information”). IF YOUR ACCOUNT INFORMATION IS NOT ACCURATE AND NOT KEPT UP TO DATE, THE MONITORING STATION MAY BE UNABLE TO CONTACT YOU, YOUR REGISTERED EMERGENCY CONTACTS OR REQUEST DISPATCH OF EMERGENCY RESPONDERS IN THE EVENT OF AN EMERGENCY.
NEITHER THE COMPANY NOR THE MONITORING STATION PROVIDES ANY MEDICAL OR EMERGENCY ADVICE. YOU AGREE NOT TO RELY ON ANY MEDICALLY RELATED STATEMENT OR EMERGENCY ADVICE, ASSURANCE, RECOMMENDATION OR ADVICE MADE OR PROVIDED TO YOU BY THE MONITORING STATION.
YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR THE MONITORING STATION IS RESPONSIBLE FOR THE RESPONSE TIME OF EMERGENCY RESPONDERS, ANY RELATED DELAYS, OR THE FAILURE OF EMERGENCY RESPONDERS TO RESPOND TO A DISPATCH REQUEST BY THE MONITORING STATION.
XVIII. THE COMPANY IS NOT LIABLE FOR THE MONITORING SERVICE PERFORMED BY THE MONITORING STATION
The security alarm panel is a component of the Equipment and has a built-in router and a wireless radio transmitter to send data and signals to the Monitoring Station, Third-Party Service Provider, and your Smartphone. You acknowledge that data and signals which are transmitted to or by the radio transmitter pass through communication networks wholly beyond our control and are not owned, controlled, or maintained by the Company and, therefore, we are not responsible for any equipment or network failure or disruption of any kind which prevents data or signals from reaching your Smartphone, the Monitoring Station or any Third-Party Service Provider, or damages arising therefrom.
XIX. WE DISCLAIM EXPRESS AND IMPLIED WARRANTIES – PLEASE READ CAREFULLY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE REGARDING THE EQUIPMENT, THE SERVICES OR THE MONITORING SERVICES. IF GOVERNING LAW DOES NOT PERMIT THE COMPANY TO LAWFULLY DISCLAIM STATUTORY OR IMPLIED OR EXPRESS WARRANTIES, THEN TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, ALL SUCH STATUTORY OR IMPLIED OR EXPRESS WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF ONE (1) YEAR FROM THE DATE YOU ACCEPT THIS AGREEMENT.
NEITHER THE COMPANY NOR THE MONITORING STATION REPRESENT OR WARRANT THAT THE EQUIPMENT, SERVICES OR MONITORING SERVICES MAY NOT BE COMPROMISED OR CIRCUMVENTED, OR THAT THE EQUIPMENT, SERVICES AND MONITORING SERVICES WILL PREVENT OR MITIGATE ANY LOSS, DAMAGE, PERSONAL INJURY OR LOSS OF LIFE.
THE COMPANY OFFERS NO REFUNDS OR RETURNS FOR THE EQUIPMENT OR SERVICES, UNLESS EXPRESSLY AGREED TO BY THE COMPANY IN WRITING.
XX. OUR RETURN POLICY
You may return Equipment for either a full refund, credit, or replacement within fourteen (14) days from the date of delivery, if you change your mind, we shipped the wrong Equipment, or we made an error in the configuration of the Equipment. Equipment must not be used and still in original box unopened to get returned.
You may return Equipment for replacement within one (1) year from the date of delivery if the equipment malfunctions.
To return Equipment, you must contact the Company to obtain an RMA (Return Merchandise Au-thorization). Any authorized return must include the Equipment and all accessories in their original packaging and condition (undamaged or altered), along with all documentation (e.g., copy of origi-nal invoice and RMA), and shipped to the Company at the address that will be provided to you when you call to obtain the RMA. The Equipment must be received by the Company within ten (10) calendar days of issuance of the RMA. The Company may refuse returns on any other basis. You assume the risk of loss and damage for Equipment returned without an RMA, and you are responsible for all shipping charges to return the Equipment. Upon receipt of your returned Equipment, the Company will, based on your request, either replace the Equipment, or issue a cred-it or refund of the purchase price paid if you follow all the terms and conditions of this Return Pol-icy.
To request a return, Contact Us by email at returns@automationsecurity.us
XXI. YOU ARE AGREEING TO LIMIT OUR LIABILITY IN THE EVENT OF A LOSS – PLEASE READ CAREFULLY
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IF THE COMPANY, THE MONITORING STATION OR ANY THIRD-PARTY SERVICE PROVIDER IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF ANY WARRANTY, OR NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE) ARISING FROM, OR RELATING TO, THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, OR THE MONITORING SERVICES, THE MAXIMUM LIABILITY OF THE COMPANY, THE MONITORING STATION AND ANY THIRD-PARTY SERVICE PROVIDER WILL BE LIMITED TO THE GREATER OF (I) TWO HUNDRED AND FIFTY DOLLARS ($250.00); OR (II) THE TOTAL COST OF THE EQUIPMENT, EXCLUSIVE OF TAXES, AND SIX (6) TIMES THE MONTHLY PAYMENTS ACTUALLY MADE BY YOU TO THE COMPANY FOR THE SERVICES (EXCLUSIVE OF TAXES), AND THIS LIABILITY SHALL BE SOLE AND EXCLUSIVE. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER THINGS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, ECONOMIC LOSSES, MEDICAL BILLS, CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION, AND THE CLAIMS OF THIRD PARTIES.
XXII. YOU ARE WAIVING THE RIGHT OF YOUR INSURANCE COMPANY TO SUBROGATE
You should protect against any risk of loss to your property and persons with the appropriate insurance coverage (e.g., medical, disability, life insurance, homeowner’s insurance), and you are responsible for obtaining and paying for all such insurance. To the fullest extent permitted by governing law and your policies of insurance, you release the Company, the Monitoring Station, and any Third-Party Service Provider from all liability for any loss, occurrence, event, or condition covered by your insurance
XXIII. YOU ARE AGREEING TO INDEMNIFY US – PLEASE READ CAREFULLY
THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS THE COMPANY, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER FROM AND AGAINST (I) ALL CLAIMS, DISPUTES, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD-PARTY AGAINST THE COMPANY, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER ARISING FROM OR RELATING TO THIS THIS AGREEMENT, THE EQUIPMENT, THE SERVICES AND THE MONITORING SERVICE (HEREINAFTER, A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF THE COMPANY, THE MONITORING STATION AND ANY THIRD-PARTY SERVICE PROVIDER) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY THE COMPANY, THE MONITORING STATION OR ANY THIRD-PARTY SERVICE PROVIDER RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (HEREINAFTER, “THIRD PARTY LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY LOSSES OCCURRED, IN WHOLE OR IN PART, AS A RESULT OF THE BREACH OF CONTRACT, BREACH OF ANY WARRANTY, OR NEGLIGENCE OF ANY KIND OR DEGREE (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE IN THOSE STATES THAT DO NOT PERMIT INDEMNITY FOR GROSS NEGLIGENCE) OF THE COMPANY, THE MONITORING STATION AND ANY THIRD PARTY SERVICE PROVIDER.
XXIV. YOU ARE AGREEING TO JURISDICTION IN THE STATE OF CALIFORNIA AND THE LAWS OF CALIFORNIA FOR ANY LEGAL DISPUTES
The Company’s headquarters are in the State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. To the fullest extent permitted by governing law, you hereby agree that any lawsuit or other legal action arising out of or related to this Agreement, the Equipment, the Services, or the Monitoring Services shall be brought solely and exclusively in Alameda County, California, and you hereby consent to personal jurisdiction therein.
XXV. YOU ARE AGREEING TO WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR BE A PART OF ANY CLASS ACTION – PLEASE READ CAREFULLY
The security alarm panel is a component of the Equipment and has a built-in router and a wireless radio transmitter to send data and signals to the Monitoring Station, Third-Party Service Provider, and your Smartphone. You acknowledge that data and signals which are transmitted to or by the radio transmitter pass through communication networks wholly beyond our control and are not owned, controlled, or maintained by the Company and, therefore, we are not responsible for any equipment or network failure or disruption of any kind which prevents data or signals from reaching your Smartphone, the Monitoring Station or any Third-Party Service Provider, or damages arising therefrom.
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, YOU AGREE THAT ANY LAWSUIT OR LEGAL ACTION RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES AND THE MONITORING SERVICES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION.
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, YOU AGREE, AND WE AGREE, TO WAIVE ANY RIGHT TO A JURY TRIAL.
XXVI. SEVERABILITY AND SURVIVAL
If any provision, or part thereof, of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision, or part thereof, shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions.
Terms that, by their nature, should survive any termination or cancellation of the Services or authorized return of the Equipment shall survive termination. By way of example, all the following will survive termination (this list is not exclusive): LIMITATION OF LIABILITY, WAIVER OF SUBROGATION, THIRD PARTY INDEMNIFICATION, WAIVER OF CLASS ACTION, WAIVER OF JURY TRIAL AND WAIVER OF WARRANTIES, AND EXCLUSIVE JURISDICTION FOR ANY LEGAL DISPUTES IN THE STATE OF CALIFORNIA.
XXVII. SUBCONTRACTING AND ASSIGNMENTS
You cannot transfer or assign this Agreement, or any part thereof, without the Company’s prior written consent; however, the Company may assign this Agreement or subcontract any of its obligations without your consent, including the Monitoring Services and other Services. If the Company does so, anyone to whom the Company assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the Terms including, without limitation, the LIMITATION OF LIABILITY, WAIVER OF SUBROGATION, THIRD PARTY INDEMNIFICATION, WAIVER OF CLASS ACTION, WAIVER OF JURY TRIAL, WAIVER OF WARRANTIES, AND EXCLUSIVE JURISDICTION FOR ANY LEGAL DISPUTES IN THE STATE OF CALIFORNIA.
XXVIII. NO THIRD-PARTY BENEFICIARIES
EXCEPT FOR THE MONITORING STATION, ANY THIRD-PARTY SERVICE PROVIDERS, SUBCONTRACTORS AND ASSIGNS OF THE COMPANY, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
XXIX. FORCE MAJEURE
Neither the Company nor the Monitoring Station or any Third-Party Service Provider assumes any liability for interruption of the Services due to any Force Majeure Events (defined below). Neither the Company, the Monitoring Station nor any Third-Party Service Provider will be required to provide the Services, including the Monitoring Service, during any Force Majeure Event. A Force Majeure Event is defined to include any declared or undeclared war, acts of war, insurrections, riots, civil commotions, terrorism, fire, flood, tornado, hurricane, earthquake or other natural phenomenon or disaster, act of God, accident, explosion, governmental orders, laws, rules, regulations, restrictions, priorities or administrative action, embargos, strike, lockout or other labor troubles or disputes, pandemics, environmental conditions or any other cause beyond the absolute and exclusive control of the Company, the Monitoring Station or any Third- Party Service Provider. The Services may be suspended or canceled, without prior notice at the option of the Company, if the Company, the Monitoring Station or Third-Party Service Provider’s premises or facilities or equipment is destroyed by a Force Majeure Event, or materially damaged that it is impractical to continue the Services, or in the event the Company, the Monitoring Station or any Third-Party Service Provider is unable to render Service as a result of any action by any order of a governmental authority.
XXX. STATE LICENSURE/CONTACT INFORMATION FOR THE COMPANY
The following is a list of licenses maintained by the Company, along with the Company’s address, telephone number and e-mail in the event you need to contact us:
Automation Surveillance & Security LLC
4047 1St St Suite 201
Livermore, Ca 94551
Phone: 833-711-7788
Alarm Company Operator # 7978
