1. Definition “Beta Period” (also referred to as “Beta”) refers to a testing period of the Service and is expected to take place from June 15, 2020 to August 15, 2020. We reserve the right to change the starting and ending date of the Beta Period, as well as its duration, at any point in time and without prior notice.
2. Limitation By participating in the Beta, you acknowledge that the Service may contain various bugs, errors and defects and is provided to you on an “as is” basis and without any warranty of any kind whatsoever(express or implied and arising by law or otherwise). You acknowledge that you fully understand the risks associated with the performance, suitability and reliability of Service during the Beta Test period and agree to take all the necessary precautions and obey all the applicable laws to protect yourself and your properties, and agree to refrain from relying on this service as your sole response mechanism to a potential emergency.
Monitoring Service Monitoring service may be provided in connection with a device provided by Company or one or more third party hardware providers. Monitoring service consists solely of monitoring service personnel (“Operator”) communicating electronically with first responders or calling by telephone the telephone numbers supplied by you in writing or electronically for the police, sheriff, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, departments and organizations (collectively, “First Responders”) and persons identified by you as your emergency contacts (the “Call List”) within a reasonable period of time under the circumstances at the monitoring facility and the priority of the signals which are identified in writing (“Listed Codes”) or video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring services appear on the operator’s computer screen at the monitoring facility or when voice communication requesting assistance is received by an Operator from you or from the Premises (collectively, “Monitoring Services”). Monitoring service may also be provided when we relay information delivered to us via an automatic computer-initiated signal (i.e., an API call) when an alarm is triggered. No monitoring service shall be rendered for voice communication which does not request assistance or for video images which do not clearly and conspicuously reveal the necessity for monitoring service. In the event a signal is received at the monitoring facility which is not a listed code, you agree that Company’s sole duty and obligation is for the Company to log the signal (the “Unlisted Code Policy”). If the premises is located in a jurisdiction requiring a personal verified on-Service response (“Verified Response”) prior to dispatching a First Responder, it is your sole responsibility to engage a service to provide such Verified Response. All fees, costs and expenses in connection with verified response shall be borne by you only. Notwithstanding anything contained herein to the contrary, (a) upon receipt of a Listed Code or video images and prior to communicating electronically or by telephone to First Responders or the Call List, Company or Operator may, in its sole and absolute discretion and without any liability, attempt to telephone the premises or attempt to contact you through telephone, electronic mail, text message or other similar means of communication at numbers or addresses provided by you or dealer in writing, as frequently as Company or Operator deems appropriate to verify the necessity to report the receipt of a Listed Code or video images to First Responders or the Call List, and (b) upon the receipt of an abort code or oral or electronic advice to disregard the receipt of a listed code or video images from you or any of your personal contacts on the Call List, all of whom have your authority and consent to direct Company or Operator to disregard receipt of a Listed Code, Company or Operator may, in its sole and absolute discretion and without any liability, refrain from contacting First Responders or the Call List or advise anyone previously notified of a Listed Code or video images of receipt of an abort code or oral or electronic advice to disregard the receipt of the listed code or video images. Company’s or Operator’s efforts to notify first responders or the call list shall be satisfied by advice electronically or by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.
LIMITATION OF MONITORING AND NOTIFICATION SERVICE.
I. Intended Use and No Safety Warranty. The Services are intended to provide some assurance and comfort regarding non-time-sensitive information regarding your premises with installed Products. The Services should not be fully reliable by you or any third party, as such Services are subject to interruptions and failures for many reasons including but not limited to the stability of internet access and the signal of your mobile carrier. You acknowledge such limitations and the very nature of the Services, and agree that we, and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents or partners are not responsible for any damage allegedly caused by the failure or delay of the Services. If you choose to subscribe to the professional call center monitoring service, you agree to be bound by all provisions.
II. No Life-Safety Service and Your Designated Contact. You further agree that the Products and/or Services are not certified for emergency response. Our customer support will only answer your questions regarding the Products and the Services during normal business hours but in no way play a role as lifesaving contact. It is your responsibility to designate one or multiple emergency contacts and to ensure that the appropriate event messages can be relayed to you and your designated contacts. Your designated contacts are authorized to act on your behalf. It is also your and your designated contact’s responsibility to determine the appropriate response to all events and you agree that, upon receiving a notification, you and your designated contact are entirely responsible for the response. Should such a response incur costs, you accept full liability for those costs. If you attempt to use our Products and Services for medical emergency notification, you agree that such use of the Services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold us responsible or liable. You acknowledge that the Products may experience signal transmission failures or delays for any number of contributing factors, which makes the Services and resulting notification unpredictable. You acknowledge that the Products has not been designed or programmed pursuant to any laws, codes or rules that may be applicable to your particular premises, including but not limited to any provisions of the National Fire Protection Association or the International Residential Code.
III. Suspensions. Our Services may be suspended temporarily or for certain periods without notice in the case of denial of service, system failure, maintenance, repair, or other circumstances. No credit or refund will be provided for any period during which our Services are suspended or unavailable.
Term and Termination. Unless specifically agreed otherwise when you order monitoring services, we will provide the services to you on a month-to-month basis, unless either party cancels the services through a company website or through any other mechanism provided by the Company. We may suspend monitoring services or terminate the portion of this Agreement pertaining to monitoring services at any time upon providing written notice to you (email sufficing) three (3) days before the suspension or termination date, or immediately in the event that we are unable to provide the monitoring service because of occurrences outside of our control. If your system becomes a “runaway” system or is excessively communicating with our monitoring station without apparent reason, you authorizes and empowers us to, without limitation, do any one or more of the following: ignore all communications received from the system, disconnect the system, or render the system incapable of communicating locally or with our monitoring station by direct or remote programming the removal or deletion of data necessary to operate the system. The exercise of such rights shall not be deemed a waiver of our right to damages, and we shall have the right to enforce all other remedies or rights.
Transmission of Data, Video or Voice. You acknowledge and agree that the system is a non-supervised reporting device. If the transmission medium for delivery of data, video images or voice or other audio communications from your system to the monitoring facility is incompatible with the system or is inoperative, circumvented, compromised or interrupted by natural or human causes including, without limitation, the cutting of the telephone line, radio transmission interference, power line surges or outages, internet or broadband problems and internet or broadband provider problems, there is no indication of this fact at the monitoring facility. Further, you understand that, as applicable, and provided that you have affirmatively opted-in, (i) a video system enables Company to view your premises (“Premises”), and (ii) a two-way voice system enables Company to “listen-in” to your Premises. You authorize and consent to Center viewing your Premises and the area outside of your Premises and listening-in and release Company/Center and representatives for all claims, losses, damages, costs and expenses due to Center viewing your Premises and the area outside of your premises and listening-in to your premises.
Indemnification. If anyone other than you, including your insurance company, asks Company or representatives to pay for any loss, damage or expense (including, without limitation, economic losses, property damage, personal injury or death) due to (i) breach of contract or warranty, express or implied, (ii) active or passive sole, joint or several negligence of any kind or degree by Company or representatives, (iii) failure or malfunction of the system or the monitoring facility, (iv) recording of communications or video surveillance/recording, (v) product or strict liability, or (vi) a claim for subrogation, indemnification or contribution, you agree to pay (without any condition that Company or representatives first pay) for all losses, damages, costs and expenses including, without limitation, attorneys’ fees, which may be asserted against or incurred by Company or representatives.
Suspension of Service. Should there be a termination or suspension of the contract between Company and its third party subcontractor providing monitoring services, or upon termination or suspension of monitoring services for any other reason, or if the system excessively sends video images or signals to Center’s monitoring facility, you unconditionally and irrevocably authorize Center to, without limitation, concurrently or consecutively, do any one or more of the following: ignore all video images and signals received from the system, disconnect the system, or render the system incapable of signaling locally or communicating with the monitoring facility by deletion or modification of data necessary to operate the system and Company’s obligations hereunder are waived automatically without notice to you. You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the system or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever including, without limitation, Company’s sole, joint or several negligence, for the duration of such interruption of service.
False Alarms. In the event the system is activated for any reason whatsoever, you shall pay, without any right to be reimbursed by Company/Center, all fines, fees, costs, expenses and penalties assessed against you or Company/Center by any court or governmental agency.
Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any monitoring service to you, and bind you to said subcontractor with the same force and effect as they bind you to Company. You acknowledge and agree that Company has contracted with Noonlight, Inc. (“Noonlight”), furthermore, you acknowledge your agreement with terms specified on https://www.noonlight.com/terms, excluding sections 3 (Accounts and Registration) and 8 (Payment). Subcontractors that we engage to provide any services under this Agreement are independent contractors, and are not partners, affiliates or joint venturers with Company. You hereby authorize Company to act on your behalf to provide direction to any subcontractor engaged to provide the services to you.
Consent to Intercept, Record, Disclose and Use Contents of Communications. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, “any person”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic, internet, broadband and other forms of transmission or communication to which Company and you or any person are parties.
Video Systems. If the system transmits video images, you shall (i) provide and maintain adequate power and lighting for all cameras or other video-related equipment; (ii) inform all persons on the premises that they may be monitored by video; (iii) not use or permit the use of video installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit video images from the system; (v) use the video system for security surveillance and management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for the installation and operation of the video system. You understand and agree that (i) a video system enables Company to record, store and review images of the interior of the premises and the area outside of the premises, and (ii) video with audio capability enables Company to record, store and review oral communications from in and outside of the premises. You hereby agree, authorize and consent to Company recording, storing and reviewing video images and oral communications transmitted from the video system at the premises. monitoring service in connection with the receipt of video images at Company’s monitoring facility consists solely of operator communicating electronically or calling by telephone the proper authorities within a reasonable period of time under the circumstances at the monitoring facility (including, without limitation, the priority of all signals and video images received by the monitoring facility) after video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring service appear on the operator’s computer screen at the monitoring facility; provided, that the operator shall not be required to view the video images more than one time as the video images appear on the operator’s computer screen. Notwithstanding anything in the Agreement to the contrary, Company’s obligation to perform monitoring service in connection with any listed code received from any intrusion detection system at the premises is conditioned on (i) receipt of video images from the video system related to the listed code, and (ii) operator’s determination, pursuant to this section, of whether to communicate electronically or call by telephone first responders or the call list.
Push Notification. In the event you elect to receive notice of certain system events, e.g., the arming or disarming of the system, you acknowledge, understand and agree that (i) any such notice is conditioned on (a) receipt of the data at Company’s/Center’s central station, (b) the proper operation of communication equipment, services, systems and networks including, without limitation, the internet, and (c) any failure, malfunction or delay in processing or transmitting the data by Company’s equipment or software, and (ii) Company is hereby released from any liability arising out of or from, resulting from or in connection with the failure, malfunction or delay of any such notice for any reason, including Company’s or representative’s sole, joint or several negligence of any kind or degree.
Consent to Call Subscriber and Call List. You, for yourself and as the authorized agent of each person on your call list from time-to-time, consent to Company calling each such person’s cell phone or other mobile device.
Limitation on Actions. No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties’ obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.
We Are Not an Insurer. You agree that: (i) we are not an insurer of you, other persons living in, or present at your premises, or your premises or its contents; (ii) it is your responsibility to obtain adequate insurance covering you, your premises and its contents, and other members of your household and other affected persons and property; (iii) our service fees are based on the deterrence and other value of the services we provide and our limited liability under this agreement, and not on the value of your premises or its contents, or the likelihood or potential extent or severity of injury (including death) to you or others; and (iv) your camera(s) and our services may not always operate as intended for various reasons, including our negligence or other fault. We cannot predict the potential amount, extent, or severity of any damages or injuries that you or others may incur which could be due to the failure of the camera(s) or services to work as intended. As such you agree that (a) the limits on our liability, waivers and indemnities, set forth in this agreement are a fair allocation of risks and liabilities between you, us and any affected third parties; (b) you will look exclusively to your insurer for financial protection from such risks and liabilities, and (c) you waive all rights and remedies against us, including subrogation, that you, any insurer, or other third party may have due to any losses or injuries you or others incur.