1. LIMITED WARRANTY:
“A complete warranty and service plan may be included, at additional charge, according to terms and will extend this warranty throughout monitoring period. Parts, Labor, Service Calls, Trip Charges and Power Surges are covered under “Warranty and Service Plan”.
2.1. WHAT IS COVERED:
For one year after we complete the installation, we will repair or replace any part of the system we determine is defective without charge to you. We can use new or used parts of the same quality, and we may keep any replaced parts. For a customer system, this warranty only applies to the panel and other equipment installed by us and not the customer owned equipment.
2.2. HOW TO GET SERVICE:
Call or write us at our customer service department and tell us what is wrong with the system. We will provide service as soon as possible during our normal service hours excluding holidays we observe. Emergency repair service is available at other times at our premium labor rate.
2.3. WHAT IS NOT INCLUDED:
Repair of the system is our only duty under this limited warranty. This warranty does not include disposable items such as batteries that we will provide to you and you agree to pay for at our prevailing rates. Proper disposal of all batteries is the sole duty of the customer. Any required or requested fire alarm tests and/or inspections are not part of warranty service and shall be separately billed to you at our prevailing rates for such services and you agree to pay for the same. We make no other express warranty including any warranty of merchantability of the system or its fitness for any special purpose, we do not warrant that the system will always detect, or help prevent, any burglary, intrusion, fire, hold-up, medical emergency or other such event. We have no control over the response time or capability of any agency or person who may be notified as a result of the system being used and we make no representations or warranties as to the promptness of their response, if any. We do not warrant that the system cannot be defeated, bypassed or compromised or that it will always operate. This warranty does not cover repairs that are needed because of an accident, misuse or abuse of the system, acts of God, your failure to properly use the system, or if someone other than us attempts to repair or change the system, or any other reason except if we determine that a defect in the equipment or our installation exists. All implied warranties are limited in duration to the term of this expressed limited warranty. We are not liable for consequential or incidental damages. You agree that this is our only warranty and we have given you no other warranty for the system.
3. STATE LAW:
Some states do not allow the exclusion or the limitation of consequential or incidental damages, or a limitation on the duration of implied warranties, so the above limitations or exclusions may not apply to you. The warranty gives you specific legal rights and you may also have other rights which may vary from state to state.
4. NFPA STANDARDS:
The National Fire Protection Association (NFPA) recommends, among other things, the installation of smoke detectors on each level of a residence (including, without limitation basements and outside each separate sleeping area). The NFPA also recommends a smoke detector to be installed in each sleeping room (crawl spaces and attics excluded) in all new construction. These are NFPA’s minimum standards. You understand and acknowledge that heat detection devices are not life safety devices and provide limited fire detection. Heat detection devices may only be used in those areas in which a smoke detection device may operate erratically such as an attic, kitchen, unfinished garage or other appropriate area.
5. ALARM SYSTEM MONITORING SERVICE; RESPONSE:
If you have subscribed to monitoring service, we shall connect the System(s) to the Center. In order to reduce false alarms, AMERICA’S BEST ALARMS uses enhanced call verification (2-call verification) for processing burglar alarm signals. When a burglar alarm signal from the alarm system is received, we will first try to telephone your premises, and if there
is no answer then we will try to telephone the first person on your emergency call list, to verify whether or not an emergency condition requiring police response exists. If there is no answer to both of these calls or the person contacted indicates that an emergency exists, AMERICA’S BEST ALARMS will attempt to notify the police department. AMERICA’S BEST ALARMS will also attempt to contact someone on your emergency call list
to advise them that the police have been notified. When a fire alarm, hold-up alarm or duress alarm signal is received, AMERICA’S BEST ALARMS will attempt to notify the police or fire department or other emergency personnel (“Authority”) and the first available person on the emergency call list. If we receive an abort message from a person on the premises or electronically from the system prior to notifying the Authority, we will not notify the Authority of the alarm. If we receive an abort message from a person on the premises or electronically from the System after notifying the Authority, we will attempt to rescind the notification.
If the Center reasonably believes that an emergency condition does exist, it will try to telephone the Authority or other emergency personnel and the first available person on the emergency call list you give us, unless the Authority has adopted either a non-response policy or requires physical verification of the alarm before responding, in which event the Center will not initially notify the Authority and shall only attempt to notify Customer or a Customer designated representative, and dispatch its response personnel if Customer has subscribed to such response service. If you or your representative or our response agent who physically inspects your premises advises the Center that an actual emergency condition exists, the Center will attempt to notify the Authorities. When a non-emergency signal is received, the Center will attempt to contact you or the first available person on your emergency call list but will not notify the Authority. Upon receipt of a medical emergency signal, our sole responsibility will be to (i) first call the premises to verify the need for assistance; and (ii) call the medical assistance providers as you have directed us in writing if we (a) verify the need for such response, or (b) are unable to determine that no response is needed. We may modify or discontinue any particular monitoring or response service caused by governmental or insurance changes or requirements by giving you written notice. You consent to the tape recording of all telephonic communications between your premises and our office or the Center. If the Authority now or in the future requires physical or visual verification of an emergency condition before responding to a request for assistance, you agree to subscribe to such service if provided by us or otherwise comply with such requirements. We may charge an additional monthly fee for such service that will be added to the then current monthly fee.
6. TRANSMISSION LINES:
A monitored System includes the Panel that sends signals to the Center over your regular telephone service, and/or cellular service or long-range radio. For telephone service, you will pay for all telephone charges including any installation fee for a special jack to connect the alarm system to your telephone service. For telephone service, we recommend the use of an RJ31X or equivalent telephone jack to give the System priority over other telephones in your premises, however, when the System is activated, you will be unable to use your telephone to make other calls (such as calls to the 911 emergency operator), and therefore, you may wish to have the System connected to a second telephone line dedicated to the alarm system. If your telephone service is criminally attacked, tampered with, is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the Center and we will not know of the telephone service problem. You acknowledge that the use of cellular or radio systems may be regulated or controlled by the local public utilities agency and Federal Communications Commission and changes in rules, regulations and policies may necessitate our discontinuing such transmission facilities at our option, in which event we will substitute telephone service. Cellular or radio transmissions may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control. You may be required to execute an additional agreement for cellular or radio transmission service. You agree to reimburse us for any costs we may incur to reprogram the Panel because of area code changes or other dialing pattern changes. The use of DSL, BPL, VoIP or other broadband or Internet-based telephone service may prevent the System from reliably and successfully transmitting alarm or other signals to the Center, after it is installed or at any time in the future, and/or interfere with the telephone line-seizure feature of the System, even if an RJ31X jack is installed. Such services should only be installed on a telephone number that is not used for alarm signal transmission. You agree to notify us if you have installed or intend to install DSL, VoIP, BPL or other broadband or Internet service. IMMEDIATELY AFTER THE INSTALLATION OF DSL OR 0THER BROADBAND OR INTERNET SERVICE YOU MUST TEST THE SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTER. Additionally, you will conduct follow-up testing to ensure that your system properly communicates with the center.
7.1. REMOTE SERVICES ACCESS:
If remote view camera(s) and/or Remote Keypad Control Module is included in the installation by AMERICA’S BEST ALARMS and remote services are to be provided, the equipment will transmit data via Subscriber’s high speed internet service to Subscriber’s device which is compatible with AMERICA’S BEST ALARMS remote services server. AMERICA’S BEST ALARMS will grant access to server permitting Subscriber to monitor the security system, access the system to arm and disarm the system and view the remote video camera(s). The remote services server is provided either by AMERICA’S BEST ALARMS or a third party. AMERICA’S BEST ALARMS shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. AMERICA’S BEST ALARMS shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data.
7.2. WIRELESS AND INTERNET ACCESS CAPABILITIES:
Subscriber is responsible for supplying high speed internet access at Subscriber’s premises. AMERICA’S BEST ALARMS does not provide internet service or maintain internet connection or wireless access, computer, smart phone, electric current connection or supply or the remote video server. In consideration of Subscriber making its monthly payments for access to AMERICA’S BEST ALARMS online account management website, AMERICA’S BEST ALARMS will provide Subscriber with a unique passcode which will access AMERICA’S BEST ALARMS website, accessing Subscriber’s security system. AMERICA’S BEST ALARMS is not responsible for Subscriber’s access to the internet or any interruption of service or down time of remote access. Subscriber acknowledges that Subscriber’s security system can be compromised if the internet codes or devices used for access are lost or accessed by others. AMERICA’S BEST ALARMS shall have no liability for such third party unauthorized access. AMERICA’S BEST ALARMS is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber’s responsibility to secure access to the system with passcodes and lockouts.
7.3 LEGAL ACTION:
The parties agree that due to the nature of the services to be provided by AMERICA’S BEST ALARMS, the payments to be made by the Subscriber for the term of the monitoring part of this agreement pursuant to paragraph 1 form an integral part of AMERICA’S BEST ALARMS’S anticipated profits; that in the event of Subscriber’s default it would be difficult if not impossible for fix ALLAMERICAN ALARM’S actual damages. Therefore, in the event Subscriber defaults in the payment of any charges to be paid to AMERICA’S BEST ALARMS, the balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% thereof as liquidated damages and AMERICA’S BEST ALARMS shall be permitted to terminate all its services under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein. In the event of Subscriber’s breach of this agreement, AMERICA’S BEST ALARMS may at its option either remove its software or deem same sold to Subscriber for 80% of the amount specified as the value of the software in addition to the liquidated damages provided for herein.
8. FALSE ALARMS:
You agree that you and others using the System will use it carefully so as to avoid causing false alarms. Severe weather or other forces beyond our control can cause false alarms. If we receive more than 5 false alarms in a calendar year, that will constitute a breach of contract by you and we may cancel monitoring and service and seek to recover damages. You will pay any false alarm fine, penalty or fee that is charged against you, and if a false alarm fine, penalty or fee is charged to us by any governmental agency, you will pay us for the charge.
9. AFTER-WARRANTY REPAIR SERVICE:
Unless you subscribe to extended contract repair service, at the end of our one (1) year limited warranty we will continue to repair the System and provide parts and supplies on a time and material basis. You will pay our standard parts and labor charges for all repair calls. There will be a minimum visit charge for each repair call. See Section 6.2 of our Limited Warranty on how to get repair service.
10. CUSTOMER’S DUTIES:
You will instruct all other persons who may use the System on its proper testing and use. You will test the alarm system’s protective devices and send test signals to the Center in accordance with manufacturer’s instructions. In addition, you shall test smoke and heat detection systems, in accordance with the manufacturer’s instructions and shall have the System tested by a qualified service technician at least annually, at your expense. You should develop and rehearse an evacuation plan in case of a fire. If the security alarm system includes space protection (e.g., dual technology, microwave, infrared, photo-beams or other such detectors) you will turn off, control, relocate or remove all things such as HVAC systems, furniture, pets, and other such items that might interfere with such devices when they are turned on. If a problem in the System occurs you will notify us. You will complete and give us an emergency information form that will include the name, telephone number and relationship of each person we may call in the event we believe there is an emergency at your premises, and other information we may require. You will notify us of any changes in the information set forth on the emergency information form.
11. SUSPENSION OR CANCELLATION OF SERVICES:
You understand that we may stop or suspend monitoring and other services if: (i) strikes, severe weather, earthquakes other Acts of God, or other such events beyond our control affect the operation of our Center or so severely damage your premises that continuing service would be impractical; (ii) there is an interruption or unavailability of the telephone service between the alarm system and our Center or between our Center and the Authority; (iii) you do not pay the service charge due to us, after we have given you notice that we are canceling service because of non-payment; (iv) we are unable to provide service because of some action or ruling by any governmental authority; and/or (v) you become a debtor in a bankruptcy proceeding or foreclosure. If service is canceled or this Agreement expires or is terminated for any reason, you authorize us to remotely disconnect the Panel from the Center and/or enter your premises to disconnect the alarm system from our monitoring equipment. If service is suspended because you have failed to pay the charges set forth herein, and you ask us to reactivate the System, you will pay, in advance our then prevailing re-connection fee. YOU UNDERSTAND THAT THE ALARM SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.
12. ASSIGNEES AND SUBCONTRACTORS:
We may transfer or assign this Agreement to any other security company, financial institution or other entity without notice to you. Upon an assignment to another security company AMERICA’S BEST ALARMS will be relieved of any further obligations hereunder. You may not transfer this agreement to someone else (including someone who purchases or rents your premises) unless we approve the transfer in writing. We may use subcontractors to provide installation, repair, monitoring and other services. This Agreement, and particularly Sections 19 and 20, shall apply to all of the work and services they provide, and shall apply to them and protect our assignees and subcontractors in the same manner as it applies to and protects us.
13. CHANGES TO THE SYSTEM:
If you or any Governmental agency or insurance interest wants us to change the System described herein, or change it after it is installed, you agree to pay our standard parts and labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THE SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT PROTECTION MAY BE AVAILABLE FOR A HIGHER PRICE.
14. AMERICA’S BEST ALARMS IS NOT AN INSURER; LIMITATION OF LIABILITY:
You understand that (a) we are not an insurer of your property or the personal safety of persons in your premises; (b)you should provide any insurance on your premises and its contents; (c) the amount you pay to us is based only on the value of the System and services we provide and not on the value of your premises or its contents; (d) alarm systems and our monitoring, alarm response and repair service may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of your property that might be lost, stolen or destroyed if the System or our services fail to operate properly (f) it is difficult to determine in advance how fast the police or fire department or others would respond to an alarm signal; and (g) it is difficult to determine in advance what portion, if any, of any property loss, personal injury or death would be proximately caused by our failure to perform, our active or passive negligence (including gross negligence), or a failure of the System. Therefore, you agree that even if a court decides that AMERICA’S BEST ALARMS’s breach of this Agreement, or our negligence, or a failure of the System, system design, system programming, installation, monitoring, repair service, alarm response or any other services provided by AMERICA’S BEST ALARMS caused or allowed any harm or damage (whether property damage, personal injury or death) to occur to you or anyone in or about your premises, you agree that our liability shall be limited to $1,000.00, and this shall be your only remedy regardless of what legal theory (including, without limitation, negligence, breach of contract, breach of warranty, failure to warn or product liability) is used to determine that we were liable for the injury or loss.
15. THIRD PARTY INDEMNIFICATION AND SUBROGATION:
If anyone other than you, asks us to pay for any harm or damages (including property damages, personal injury or death) connected with or resulting from (i) AMERICA’S BEST ALARMS’s breach of this Agreement or a failure of the System or services, (ii) our active or passive negligence (including gross negligence), (iii) any other improper or careless activity of ours in providing the System or services or (iv) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorneys’ fees and any other losses or costs that we may pay in connection with the harm or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or damages happens while one of our employee’s or subcontractors is in or about your premises, and that employee or subcontractor solely causes such harm or damages. Unless prohibited by your property insurance policy, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us against any such claim. You will notify your current insurance company of this subrogation release, and all new insurance companies in the future.
16. LIMITATION ON LAWSUITS; VENUE; WAIVER OF JURY TRIAL:
Both AMERICA’S BEST ALARMS and Customer agree that no law suit or any other legal proceeding connected with this Agreement shall be brought or filed more than four (4) years after the incident giving rise to the claim occurred. Each party hereby irrevocably agrees that any suit, action or other legal proceeding (“suit”) arising out of or from, in connection with or as a result of this agreement shall be brought exclusively in the state courts of record or the courts of the United States located in the district or county where AMERICA’S BEST ALARMS’s principal place of business is located. Each party consents to the exclusive jurisdiction and venue of each such court in any such suit and waives any objection that it may have to jurisdiction or venue of any such suit. UNLESS PROHIBITED BY LAW, ANY LAWSUIT BROUGHT BY EITHER PARTY WITH RESPECT TO THIS AGREEMENT SHALL NOT BE HEARD BEFORE A JURY. BOTH PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
17. INFORMATION AND PRIVACY:
You understand and agree that in conjunction with employee training, quality control and the provision of services, we may monitor and/or electronically record video and audio related to monitored activity at your location, as well as conversations with you, emergency services providers, and law enforcement personnel. Further, you understand that privacy cannot be guaranteed on telephone, cable and computer systems, and we shall not be liable to you for any claims, loss, damages or costs which may result from a lack of privacy experienced. You consent to us (i) using information about you and your location (collectively, “information”) to administer services, offer you new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, (ii) provide information, including information contained on your emergency information form or in our data base, to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) using and sharing aggregate customer information and statistics that do not include information that identifies you personally. Except as required to provide the services that you have selected, we will not otherwise monitor your premises.
18. ENTIRE AGREEMENT; DOCUMENT RETENTION:
The entire and only agreement between you and AMERICA’S BEST ALARMS is written in this Agreement and any applicable AMERICA’S BEST ALARMS attachments. It replaces any earlier oral or written understandings or agreements. It may only be changed by a written agreement signed by you and us. IT MAY NOT BE CHANGED BY ANY ORAL STATEMENTS MADE BY ANY AMERICA’S BEST ALARMS REPRESENTATIVE. If you have given or ever give us a purchase order for the System or service that provides for different terms other than this Agreement, this Agreement will govern and be controlling. If any provision of this Agreement is found to be invalid or illegal by a court, the balance of the Agreement shall remain in full force and effect. You agree that this Agreement shall be governed by the laws of Florida. The interpretation of this Agreement shall not be construed against the preparer of the Agreement. You agree that a copy of this Agreement and the signatures affixed hereto transmitted and delivered by facsimile, or electronic mail shall be deemed to be originals for all purposes. You agree that we may save and store all contracts and other documents executed by Customer in an electronic media and all such contracts and other documents shall be deemed to be, and may be used by us as, originals and shall be given the same force and effect as the paper-form originals.
19. Pursuant to the Dealer Agreement:
you have agreed to purchase the Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com and/or America’s Best Alarms. You acknowledge and agree that (a) you have had the opportunity to read and review these Terms before entering into the Dealer Agreement, (b) you accept the Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com and/or America’s Best Alarms subscriber or if the Services become unavailable to you for any reason, you will have no right of refund, return or deinstallation with respect to any Services or Equipment, except if and to the extent otherwise required by law. We may modify these Terms from time to time to comply with the law.
The Equipment may contain proprietary software of Alarm.com and/or America’s Best Alarms that is embedded in the Equipment. Alarm.com and/or America’s Best Alarms solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com and/or America’s Best Alarms materials (together, “Materials”) and Services. You will not (a) use, or cause or permit any other person or entity to use, any Materials or 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 Materials, (ii) the transferring or purported resale, licensing or sublicensing of any Materials, or (iii) the removal, delivery, or exportation of any Materials outside the United States or any other act in violation of any relevant export laws or regulations.
If your Services include emergency two-way voice over a cellular or internet connection, you acknowledge that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service you understand and accept the limitations inherent in cellular and internet technology and the consequences if the technology does not operate as designed. If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Dealer. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order. If the Equipment provided by your Dealer includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings. If the Equipment provided by your Dealer includes home automation devices (such as thermostats, lighting controls, and door locks), you understand that such devices may not work together with the Equipment and Services, and you may be unable to control the devices using the Equipment or Services. Alarm.com and/or America’s Best Alarms make no representations or warranties regarding the quality, function or effectiveness of any such home automation devices.
The sole warranty provided by Alarm.com and/or America’s Best Alarms with respect to the Services, Materials and Equipment is a limited warranty to use commercially reasonable efforts to correct or bypass a material defect in the Services, in accordance with the terms and conditions set forth in these Terms (“Limited Warranty”). The Limited Warranty is not extended to you unless you have accepted these 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 Services, All Services, Equipment, and Materials that are or may be provided by us are provided “as is, “ with all Faults. To the maximum extent permitted by law, Alarm.com and/or America’s Best Alarms disclaims (a) all express warranties to you, other than this 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, title, 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 Services and Equipment shall be with you. Alarm.com and/or America’s Best Alarms shall have no responsibility for Equipment which is manufactured by third parties.
You agree that Alarm.com and/or America’s Best Alarms is not an insurer of your property or the personal safety of persons in or around your premises. The prices that we charge for the Services and Equipment reflect the value of the goods and services we provide and not the value of your premises or its contents or any losses associated with personal injury or death. Insurance, if any, covering personal injury and property loss or damage on your premises shall be obtained by you from a third party.
Alarm.com and/or America’s Best Alarms is not assuming responsibility for any losses (direct or indirect), irrespective of cause, that may occur even if due to Alarm.com and/or America’s Best Alarm’s negligent performance or failure to perform any obligation under these Terms or any Dealer Agreement or other basis. If, notwithstanding these Terms, Alarm.com and/or America’s Best Alarms is held to be liable to you, or any invitees, agents, employees or others, for breach of contract, negligence, gross negligence, or under any other theory of legal liability for any failure of the Services, Materials, or Equipment, then the limitation of Alarm.com and/or America’s Best Alarm’s liability for any and all harm, damages, injury or loss shall be the greater of one thousand dollars ($1000.00) or the annual amount that Alarm.com and/or America’s Best Alarms receives for your use of the Services.
You hereby waive any and all claims for damages exceeding the limits set forth herein for all harm, damages, injury or loss incurred, including but not limited to actual, direct, punitive, incidental or consequential damages, property damage and losses due to business interruption, loss of profits, personal injury or death. Under no circumstances will alarm.com and/or America’s Best Alarms be liable to you for any consequential damages.
You May obtain from alarm.com and/or America’s Best Alarms a higher limitation of liability by paying an additional fee to us. If you elect this option, a rider will be attached to these Terms which will set forth the Amount of the Fee. Agreeing to the higher limitation of liability does not mean that Alarm.com and/or America’s Best Alarms is an insurer. You waive all subrogation and other rights of recover 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.
You agree and acknowledge that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of Services, Materials and/or Equipment is voluntary.
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 and/or America’s Best Alarms attempts to hold Alarm.com and/or America’s Best Alarms responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, Materials or Equipment, (b) negligence (including gross negligence), (c) improper or careless activity of Alarm.com and/or America’s Best Alarms or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss.
You understand and agree that these Terms, and particularly Sections A4, A5, A6, A7, and A8, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates, and assignees of Alarm.com and/or America’s Best Alarms, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors.
To the extent permitted by law, you agree that no lawsuit or any other legal proceeding connected with the 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, to the extent permitted by law, any such legal proceedings shall not be heard before a jury, and 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 and/or America’s Best Alarms or be a representative plaintiff or plaintiff class member in any such lawsuit.
These Terms shall be governed by the law of the State of Delaware as pertains to Alarm.com and/or the law of the State of Florida as pertains to Alarm.com and/or America’s Best Alarms, 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 your or Alarm.com and/or America’s Best Alarms commences a lawsuit for a dispute arising under or related to these Terms or in any way relating to the Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure section 638 et seq. and 641 through 645.1 or any successor statutes thereto.
If any such provisions of these 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 Terms. The parties intend that all disclaimers of warranties, limitations of liability and exclusions of damages in these Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com and/or America’s Best Alarms is an intended third-party beneficiary of these Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
You expressly understand and agree that you have no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that you are not a third party beneficiary of any agreement between alarm.com and/or America’s Best Alarms and the underlying carrier. In addition, you acknowledge and agree that the underlying carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to you and you hereby waive any and all claims or demands therefor.