1. THE SERVICE: Upon receipt of a non-verified alarm signal, Company will attempt to contact the Customer and/or the persons submitted to Company on Customer’s contact list to verify whether an emergency exists. Methods of verification used by Company include verbal verification or receipt of a cancel or false signal from the alarm system. In necessary situations, Company will attempt to contact the appropriate responding agency or a guard service. Company and Customer must comply with local notification and response requirements, which may now or in the future include visual verification of an emergency condition prior to response. Customer agrees to pay any charge associated with this requirement, including any fees for guard or police services. For non-emergency signals such as low battery, communication failure, sensor troubles and a/c power fails, Company may, in its sole discretion, decline to notify the Customer. It is the Customer ‘s responsibility to test the functionality of all components of his/her System each month.
2. DISCLAIMER OF WARRANTIES: NEITHER COMPANY NOR ITS CONTRACTOR REPRESENTS OR WARRANTS THAT THE SYSTEM OR THE MONITORING SERVICES WILL PREVENT ANY LOSS BY BURGLARY, FIRE, ROBBERY OR OTHERWISE, OR WILL, IN ALL CASES, PROVIDE THE SPECIFIED NOTIFICATION SERVICE. Customer understands that there are no warranties which extend beyond the face of this Agreement and acknowledges that neither Company nor its contractor has made any representation or warranty, express or implied, including without limitation, about the condition of the System or monitoring service, their merchantability, or their fitness for any particular purpose, other than those expressly contained in this Agreement. Customer understands and acknowledges that the System, Transmission System (See Section 9), or Company’s or its contractor’s equipment may not function properly; that the Company or its contractor may not respond properly to the receipt of an alarm signal; and that neither Company nor its contractor has control over the response time or capability of any agency or person notified. CUSTOMER ALSO UNDERSTANDS THAT IN THE EVENT THAT THE COMPANY IS DETERMINED TO BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY LOSS, DAMAGE, OR INJURY THAT THE $1,000 LIMIT OF LIABILITY IN SECTION 5 APPLIES.
3. SERVICE FEES AND TERM OF AGREEMENT: This Agreement shall have the initial term of stated in the Customer’s Agreement (“Initial Term”) unless earlier terminated pursuant to the provisions hereof, and shall thereafter automatically renew on either a month to month basis or for successive one year terms depending on the state where this Agreement was made (“Renewal Term”) unless cancelled by either party at least thirty (30) days before the end of the then-current term. Customer may cancel this Agreement by calling Company at least thirty (30) days before the end of the then-current term. If cancelled, this Agreement ends on the last day of the then-current term. Customer agrees to pay the Total Monthly Fee above plus all applicable taxes, permit fees, false alarm charges, communication charges, failed payment charges, guard charges, service charges, late charges, surcharges, or other related charges (collectively, “Other Charges”), if applicable, whether imposed on Company or Customer. Company may increase the Total Monthly Fee at any time after the first twelve (12) months. If Customer objects in writing to the increase of the Total Monthly Fee within thirty (30) days of receiving notice of the increase on Customer’s invoice (including invoices available through Company’s website), and if Company does not waive the increase, then Customer may terminate this Agreement effective thirty (30) days after Company’s receipt of Customer’s written notice of termination, and Customer will not have to pay the contract termination charges described in Section 8.
4. PAYMENT/LATE CHARGES: By enrolling in Monthly AutoPay, Customer understands that monthly automatic payments will be deducted and / or debit / credit card will be charged on the date indicated on the Customer’s monthly bill. The Customer’s authorization and the Monthly AutoPay service will remain in full force and effect until revoked by the Customer, the Customer’s financial institution, or the Company. Customers enrolled in Monthly AutoPay will have access to their monthly invoices through Company’s website and such monthly invoices will not be mailed to Customers. Customers not enrolled in Monthly AutoPay may be charged an additional $2 per month for paper invoices. Company may impose a late charge on each payment that is past due and a fee for any check or other instrument (including credit card charge backs) returned for any reason. In the event any late charges or other charges are held to be in excess of the highest lawful amount, such charges shall be reduced to the highest lawful amount, and any excess charges will be promptly refunded or credited to Customer’s account.
5. COMPANY IS NOT AN INSURER AND LIMITATION OF LIABILITY: CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT AN INSURER; THAT CUSTOMER ASSUMES ALL RISK OF PERSONAL INJURY AND LOSS OR DAMAGE TO CUSTOMER’S PREMISES OR TO THE CONTENTS THEREOF. Customer further acknowledges and agrees that if any insurance is desired, Customer must obtain it. In addition to the Company’s other rights at law or under this Agreement, the Customer specifically releases the Company from any liability for any event or condition covered by the Customer’s insurance. CUSTOMER UNDERSTANDS AND AGREES THAT IF COMPANY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO COMPANY’S NEGLIGENCE, FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, VIOLATION OF ANY APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAWS), OR FAILURE OF THE MONITORING SERVICE OR THE EQUIPMENT IN ANY RESPECT WHATSOEVER, COMPANY’S LIABILITY SHALL BE LIMITED TO THE SUM OF ONE THOUSAND DOLLARS ($1,000) AND THIS LIABILITY SHALL BE COMPANY’S SOLE AND EXCLUSIVE LIABILITY. In addition, Customer understands and agrees any home automation or interactive services provided by Company or a third-party are also subject to this $1,000 limit of liability, and Company shall not be responsible if such systems or services fail for any reason. If Customer wishes Company or its contractor to assume a greater liability, Customer may obtain from Company a higher limitation of liability by paying an additional periodic service charge to Company. If Customer elects to exercise this option, a rider shall be attached to this Agreement setting forth the terms, conditions and the amount of the liability and the additional periodic charge. Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer.
6. CUSTOMER’S DUTIES: Customer shall maintain the System in good operating condition. CUSTOMER IS RESPONSIBLE FOR TESTING THE SYSTEM MONTHLY AND ANYTIME THERE IS A CHANGE TO ANY ASPECT OF THE TRANSMISSION SYSTEM (SEE SECTION 9). CUSTOMER AGREES TO PROVIDE COMPANY AND ITS CONTRACTOR WITH WRITTEN NOTICE OF ANY CHANGES, REVISIONS, OR MODIFICATIONS TO THE TRANSMISSION SYSTEM AND FURTHER AGREES TO PROVIDE AND MAINTAIN CURRENT AND CORRECT SUBSCRIBER AND EMERGENCY CONTACT INFORMATION WITH COMPANY AND ITS CONTRACTOR. The Customer must also notify Company or its contractor promptly if Customer believes there is a problem with the Transmission System. Local authorities may not respond to alarm notifications until all permits or licenses for use of the alarm system have been obtained. CUSTOMER’S DUTIES UNDER THIS SECTION ARE IMPORTANT TO ENSURE THAT THE TRANSMISSION SYSTEM FUNCTIONS PROPERLY. IF CUSTOMER FAILS TO PERFORM SUCH DUTIES, COMPANY AND ITS CONTRACTOR WILL NOT BE LIABLE FOR DAMAGES OR SUBJECT TO A PENALTY AS A RESULT.
7. FAMILIARIZATION PERIOD: CUSTOMER UNDERSTANDS THAT CUSTOMER’S PREMISES MAY BE LOCATED IN A JURISDICTION WHICH REQUIRES BY LAW A FAMILIARIZATION PERIOD FOR A CERTAIN NUMBER OF DAYS. CUSTOMER UNDERSTANDS THAT, DURING SUCH PERIOD, COMPANY HAS NO OBLIGATION TO NOTIFY ANY AUTHORITIES OF ANY INTRUSION ALARM SIGNAL THE COMPANY RECEIVES FROM CUSTOMER’S PREMISES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT.
8. DEFAULT, DISCONNECTION AND REMEDIES: Customer will be in default and breach of this agreement if Customer 1) fails to pay any fees or charges when due; 2) generates, in Company’s sole judgment, excessive false alarms; or 3) fails to perform other obligations set forth in this Agreement. In the event of a default, the Company may, by notice to Customer, terminate Customer’s monitoring services. Customer will remain responsible for all charges incurred prior to the effective date of the service termination Customer agrees that the charges due under this Agreement are based on Customer’s agreement to receive and pay for the services during the Initial Term and any Renewal Term and that Company has relied upon this agreement and has incurred costs in deciding to enter into this contract. If Customer breaches this Agreement during its Initial Term or any Renewal Term, Customer will also pay an amount equal to eighty (80%) percent of the remaining payments owed during the Initial or any Renewal Term and any related levies, court costs, collection costs, and attorney fees. This termination charge is not a penalty; it is a charge to compensate Company for Customer’s failure to maintain services for the Initial Term or any Renewal Term. All amounts are due immediately without presentment, demand, protest or further notice, all of which Customer expressly waives.
9. TRANSMISSION SYSTEM: Customer’s System communicates with the Company’s monitoring facility utilizing one or more networks - telephone, cable, Internet, cellular, or radio. It may also utilize equipment in Customer‘s home - telephone or cable equipment, modem, router, power supply. Together, the System, the network and other equipment represent the “Transmission System”. This Transmission System is beyond the control of Company and Company takes no responsibility for its reliability or its continued compatibility with this intended usage. Each network and the related in-home equipment has its own inherent risks and reliability levels and the Customer should consider their own needs and requirements before choosing a Transmission System. In order for the system to transmit signals over the internet, it must have uninterrupted access to an always-on high-speed internet connection. If a signal from Customer’s System does not reach Company’s monitoring facility for any reason, Company will not be able to respond. Communication issues might include, but are not limited to, network outages, severed lines, lack of power to key components, signal jamming, obsolescence or failure of components, and/or changes in laws or regulations. Company is not responsible for notifying Customer of such communication issues. The Customer should test the System on a regular monthly basis and any time there is a change to any aspect of the Transmission System (See Section 6). The Customer should immediately notify the Company of any changes to the Transmission System (including use of DSL, VoIP or other broadband services as these may interfere with or prevent signal transmission) or any communication issues identified by Customer during testing. IF THE TRANSMISSION SYSTEM USES A TELEPHONE LINE AND THAT LINE IS DISCONNECTED, THE ALARM TRANSMISSION WILL FAIL. If Customer has chosen a means of communication that causes the System to seize control of a communication network in order to communicate with the monitoring facility, Customer understands that they will not be able to use that same communication network to call for emergency response during the time that the communication network is in use. Customer’s panel may be preprogrammed.
10. INTERRUPTION OF SERVICE: Neither Company nor its contractor assumes any liability for interruption of monitoring service due to strikes, riots, floods, storms, earthquakes, fires, power failures, interruption or unavailability of communication network service, acts of God, or for any other cause beyond the control of Company or its contractor. In case of such an event, Company may suspend the monitoring service and/or this Agreement without liability and without notification to Customer. Company or its contractor may suspend or cancel this Agreement without notice, liability, or penalty should the System, Customer’s Premises or Company’s or its contractor’s monitoring facilities become so substantially damaged that further service is impractical. Customer will remain responsible to pay for services provided. Neither Company nor its contractor shall have any liability for delay in installation or maintenance of the equipment.
11. THIRD PARTY INDEMNIFICATION: Customer agrees to and shall indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, contractors and any person or entity for whom the Company is legally responsible, from and against any and all claims arising from this Agreement brought by parties other than the parties to this Agreement.
12. SUBROGATION: Unless prohibited by Customer’s insurance policy, Customer hereby discharges and agrees to hold Company harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Customer’s Premises whether said claims are made by Customer, his agents, insurance carrier, or other parties claiming under or through Customer. Customer agrees to indemnify, defend and hold harmless Company and its contractor from any action for subrogation that may be brought against Company or its contractor by any insurer or insurance carrier, or its agents or assigns, including the payment of all damages, expenses, costs and attorney’s fees. Customer shall notify their insurance carrier of the terms of this provision.
13. LIMITATION ON ACTIONS: To the extent permitted by law, Customer hereby agrees that no suit or action that relates in any way to this Agreement (whether based upon contract, negligence or otherwise) shall be brought against Company more than one (1) year after the accrual of the cause of action.
14. BINDING ARBITRATION: THE PARTIES AGREE TO RESOLVE THROUGH BINDING ARBITRATION ALL CLAIMS, DISPUTES, OR LAWSUITS (COLLECTIVELY “CLAIMS”), REGARDLESS OF THEIR NATURE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OTHER BUSINESS RELATIONSHIP BETWEEN THE PARTIES. The parties agree that arbitration shall be conducted in accordance with the commercial rules of the Federal Arbitration Act (FAA). Arbitration or any related litigation will take place in the county where this Agreement was made, unless both parties agree to a different location. The arbitration shall be conducted by an attorney who is knowledgeable about the security industry. The arbitrator is not authorized to grant punitive damages. Customer and Company agree that each may bring claims against the other only in Customer or Company’s individual capacity, and not as a Plaintiff or class member in any purported class or representative proceeding. Further, unless both Customer and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding of which these claims will be a part. All direct and indirect costs for arbitration will be paid by the non-prevailing party or split in an equitable manner by the arbitrator. The arbitration proceedings, including decisions and awards, shall be held in confidence by both parties. The parties acknowledge that by executing this Agreement, they are waiving all rights to a jury or bench trial for all claims between the parties.
15. FALSE ALARMS/PERMITS: Customer understands that local authorities may impose fines for false alarms or signals, and Customer agrees to be responsible for these fines and any related costs whether they are levied directly on Customer or on the Company, its contractors, or subcontractors. Customer understands that the city or county in which Customer’s Premises are located may require that Customer obtain and maintain at Customer’s expense a license or permit for the use and monitoring of an alarm system. If Customer fails to maintain and/or provide or update any required license or permit, Company will not be held responsible for performing the Services and may terminate the Services without notice to Customer.
16. EXTENDED SERVICE OPTION: If Customer requests repair service (other than service pursuant to an original installation warranty), Company or its contractor may agree to provide such repair service during its regular business hours of 8:00 a.m. to 5:00 p.m. Monday through Friday (excluding holidays) for fifty dollars ($50) per service trip (or at Company’s customary rates outside of the specified hours or days) for as long as Company provides Customer’s monitoring service and Customer is current on all payments. Customer is responsible for repairs to or replacements of batteries; key fobs; alarm screens; cellular equipment; cameras; video equipment; and home automation or interactive notification services, equipment, hardware or software. Customer is also responsible for damage caused by abuse, misuse, faulty connections, tampering, construction, vandalism, theft, acts of God, cosmetic damage or any other cause other than normal wear and tear.
17. FIRE DEVICES: Any fire or life safety device (including smoke detectors, carbon monoxide detectors or other auxiliary detectors) must be installed and operated in strict accordance with manufacturer’s and/or Company’s specifications, tested at least monthly (see Section 6) and used in conjunction only with UL certified devices. To the extent fire or life safety devices rely on other devices not connected to the System, Customer must ensure that all devices, whether connected to the System or not, are powered by an always-on power source or live battery. Customer agrees that if power is cut-off, the battery is low or dead, or a fire event cuts off the electricity or results in a loss of power that the fire or life safety devices will not operate, the alarm will not sound and no signals will be transmitted to Company. Customer also must verify on a regular basis that all fire or life safety devices can properly transmit signals via the Transmission System (see Sections 6 and 9). Lastly, Customer agrees that the number and location of any fire or life safety devices can be governed by requirements or recommendations in national, state, and local laws, codes, and standards, and that any such fire or life safety devices may not fulfill such requirements or recommendations for number or location, and it is Customer’s sole responsibility to comply with applicable laws, codes and standards relating to installation, placement, or maintenance of any such fire or life safety devices.
18. ASSIGNMENT: This Agreement may not be assigned in whole or in part by Customer. Company may assign or subcontract all or any portion of this Agreement without notice to Customer and any such assignee or subcontractor shall be entitled to the rights, benefits, privileges and protection afforded to Company under the terms of this Agreement.
19. ACKNOWLEDGMENT: In compliance with the Fair Credit Reporting Act (FCRA), Customer is authorizing Company now and at any time during the term of this Agreement to obtain a consumer credit report. Customer should refer to the FCRA for further explanations of Customer’s rights. Customer agrees that Company has the right to report Customer to one or more consumer reporting agencies if Customer becomes delinquent on his/her account. Customer agrees that he/she may not amend or modify this Agreement or his/her obligations under this Agreement with any restrictive notations (such as “final payment”) on or accompanying checks or other payments accepted by Company and any such notations have no legal effect.
20. ENTIRE AGREEMENT: This Agreement is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. Company’s duty and obligation to provide monitoring service to Customer arise solely from this Agreement. This Agreement supersedes all prior representations, understandings, or agreements of the parties. This Agreement can only be modified (a) in writing, signed by the parties or their duly authorized agents or (b) by bill message on Customer’s invoice (including invoices available through Company’s website), email or other notice from Company to Customer provided that Customer does not object in writing within thirty (30) days after receiving the notice. No waiver or breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. Customer agrees that Company may convert this Agreement to electronic media, which may serve as the exclusive original. If a court determines that any provision of this contract is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by law. Each and every other provision of this contract shall continue to be valid and enforceable.
21. PRIVACY: Company will use commercially reasonable efforts to maintain the privacy of Customer’s information. Customer understands that Company cannot guarantee privacy and agrees not to hold the Company liable for any claims, loss, damages, or costs that may result from loss of privacy. Customer consents to Company contacting him/her at the mailing address, email address and phone number(s) Customer provides for any purpose related to this Agreement using any method, including automated technology, prerecorded messages or text messages. If Customer’s wireless provider charges Customer for text or email messages, Customer is responsible for any such charges. Customer consents to the recording of all communications between the Customer and Company. Customer represents that he/she has obtained the above-referenced consents from any third-parties, whose emails and phone number(s) Customer provides to Company (including emergency contacts). Customer agrees to contact from Company and/or its outside collection agencies in connection with all matters relating to unpaid past due charges billed by Company. Customer agrees that contacts to collect unpaid past due charges may be made to any mailing address, phone number or any email address Customer provides, and such contact may be made using any method, including automated technology, prerecorded messages or text messages. Customer agrees and acknowledges that any e-mail address that the Customer provides to Company is his/her private address and is not accessible to unauthorized third parties.
22. LICENSING: If you are an Alabama resident, complaints against the licensee may be directed to the Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., PMB 392, Montgomery, AL 36116, (334) 264-9388. In Arkansas, licensing is regulated by the Arkansas Board of Private Investigators and Private Security Agencies, #1 State Police Plaza Drive, Little Rock, AR 72209, (501) 618-8600. In California, alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, P.O. Box 942507 Sacramento, CA 94258 (916) 574-7950. In Florida, licensing is regulated by the Florida Department of Business and Professional Regulation. Complaints may be directed to the Department of Business and Professional Regulation, Division of Regulation / Compliance - Consumer Services, 1940 N. Monroe St., Tallahassee, FL 32399. In New York, complaints may be directed to NYS Department of State, Division of Licensing Services, Complaint Review Office, 123 William Street, 19th Floor, New York, NY 10038, (212) 417-5790. In North Carolina, licensing is regulated by the North Carolina Alarm Systems Licensing Board, 4901 Glenwood Avenue, Suite 200, Raleigh, NC 27612 (919) 788-5320. In Texas, licensing is regulated by the Texas Department of Public Safety, Commission on Private Security Bureau, P.O. Box 4087, Austin, TX 78773, (512) 424-7710. Monitronics Security LP, P.O. Box 814530, Dallas, TX 75381: AK: 40102; AL: AL St. Lic.#1062; AZ: 18004-0, Not a Licensed Contractor; AR: E 07-034, CMPY.0001651; CA: ACO6492; DE: 07-214; FL: EF20000649; GA: LVU405149; IL: 127.001321;MD: 107-1377; MI: 2000 Town Center Ste 1900, Southfield, MI 48075, 3601205782;NC: 1769-CSA; NJ: Burglar & Fire Alarm Business License Number 34BF00053500; 2350 Valley View Ln #100, Dallas, TX 75234; 866-507-5343; NY: Licensed by the N.Y.S. Department of State; OK: 1175; PA: PA105028; RI: 4913A; TN: 1306; TX: B14431; TX ACR-1660144; UT: 6505305-6501; VA: 11-5197.
23. AARP Promotion: Company agrees to waive the applicability of Sections 13 and 14 of this Agreement with respect to AARP Members that become new customers of Company through Company’s participation in AARP’s program of discounts and special values for Members.