This is an agreement between you ('Subscriber') and Alarm Grid, ('COMPANY'), for the purpose of providing monitoring of the security system you already own at the address supplied by you. 'You' and 'your' refer to 'Subscriber' and 'we', 'us' and 'our' refer to 'COMPANY'. You understand that 'monitoring service', means only that COMPANY will react to signals received by us from the security system you already have at your premises.
LIMITATION OF LIABILITY
INSURANCE; WAIVER OF SUBROGATION. I AGREE THAT COMPANY IS NOT AN INSURER AND THAT COMPANY IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. THE AMOUNTS I PAY COMPANY ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF MY PROPERTY, ANYONE ELSE'S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS COMPANY CHARGES ME ARE BASED SOLELY UPON THE VALUE OF THE MONITORING SERVICES COMPANY PROVIDES AND UPON THE LIMITED LIABILITY COMPANY ASSUMES UNDER THIS AGREEMENT. IF I WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO COMPANY TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST COMPANY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
NO GUARANTEE; NO LIABILITY. COMPANY'S MONITORING SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. COMPANY MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE MONITORING SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. COMPANY DOES NOT UNDERTAKE ANY RISK THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME, NOT COMPANY. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST COMPANY FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE MONITORING SERVICES PROVIDED BY COMPANY.
EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY COMPANY TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I ATTEMPT TO HOLD COMPANY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 2, COMPANY IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE MONITORING SERVICES PROVIDED BY COMPANY, COMPANY'S LIABILITY TO ME SHALL BE LIMITED TO A SUM EQUAL TO $500. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS MY SOLE REMEDY. UPON MY REQUEST, COMPANY MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH 2 BY ATTACHING AN AMENDMENT TO THIS AGREEMENT SETTING FORTH THE EXTENT OF COMPANY'S LIABILITY AND THE ADDITIONAL CHARGES TO ME.
APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 2 APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY COMPANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF COMPANY, ITS AGENTS OR ITS EMPLOYEES.
INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST COMPANY IN ANY WAY RELATED TO THE MONITORING SERVICES PROVIDED BY COMPANY TO ME, I AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST COMPANY AND REGARDLESS WHETHER COMPANY HAS BEEN FOUND LIABLE OR WHETHER COMPANY HAS INCURRED ANY EXPENSE.
TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST COMPANY MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR.
OTHER PARTY'S LIMITATION. IF I PURCHASED EQUIPMENT OR MONITORING SERVICES THROUGH ANOTHER BUSINESS OR PERSON, EVEN AS A REFERRAL FROM COMPANY, I AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO ME FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR MONITORING SERVICES PROVIDED. I ALSO AGREE THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS COMPANY UNDER THIS AGREEMENT.
INSTALLATION. Subscriber understands that COMPANY agrees to monitor a security system owned by Subscriber and not installed by, or designed by, COMPANY. COMPANY makes no representation as to suitability or condition of Subscriber's system. COMPANY may provide technical support and installation guides, however, installation is solely SUBSCRIBER’s responsibility and COMPANY bears no responsibility for any loss or damage during or after the installation process.
MAINTENANCE. COMPANYassumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation or non-actuation, of your existing equipment. COMPANY reserves the right to terminate service under this Agreement in the event your existing equipment is not in good operating condition.
VOICE OVER INTERNET PROTOCOL (VoIP). SUBSCRIBER understands that a VoIP communication system may not properly transmit signals to COMPANY. In the event that signals are not transmitted, SUBSCRIBER understands that emergency services may not be notified.
SMOKE AND CARBON MONOXIDE DETECTORS. IF MY SECURITY SYSTEM INCLUDES SMOKE AND/OR CARBON MONOXIDE DETECTORS, I AGREE THAT: (A) THE NUMBER AND PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS IN CODES, LAWS OR STANDARDS THAT APPLY IN MY JURISDICTION, INCLUDING THE CODE PROVISIONS OF THE NATIONAL FIRE PROTECTION ASSOCIATION AND THE INTERNATIONAL RESIDENTIAL CODE; (B) I HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE SECURITY SYSTEM; AND (C) ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS DESCRIBED IN THIS AGREEMENT ARE SUPPLEMENTAL DEVICES ONLY AND ARE NOT INTENDED TO BE PART OF A PRIMARY FIRE ALARM OR CARBON MONOXIDE DETECTION SYSTEM. I understand that electrical smoke and carbon monoxide detectors, if installed in my premises, are designed to be connected to an electrical power source. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE ELECTRICITY IS CUT OFF; THE BACKUP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD; OR FIRE CUTS OFF THE ELECTRICITY BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS TRANSMITTED. Connecting these detectors to a separate dedicated electrical circuit may increase their reliability, but even dedicated circuits can fail. I understand that these detectors all have limited useful lives, after which time they will not function. It is my sole responsibility to monitor and replace all detectors before or at the end of their useful lives.
BATTERY-POWERED DEVICES. I understand that all battery-powered motion detectors, smoke detectors, door and window contact transmitters and other detection sensors that are part of my security system are not connected to the electrical system of my premises and require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. It is my sole responsibility to maintain and replace these batteries. COMPANY recommends that I regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help maintain continued operation. COMPANY also recommends that I carefully read and follow the owner's manual, instructions and warnings for all equipment.
LOCAL ORDINANCES. SUBSCRIBER at its cost must comply with local permit procedures and ordinances related to monitoring services and is responsible for determining, complying, and notifying COMPANY in the event local ordinances or policies change which may affect COMPANY performance of services.
ADDITIONAL CHARGES AND OFFSET RIGHTS. I agree to pay all construction/alarm use permit fees; all directly or indirectly imposed false alarm fines, fees or charges; all telephone or signal transmission company charges; and all other assessments, fees and charges related to the alarm system.
INCREASES IN CHARGES. COMPANY has the right to increase the monthly service charge at any time. If I object in writing to the increase before the next billing cycle, then I may terminate my service and this agreement.
EXTENSION. This agreement shall automatically extend at the end of each month. If SUBSCRIBER does not provide written notification of cancellation, SUBSCRIBER authorizes COMPANY to continue charging SUBSCRIBER for the monitoring service.
ASSIGNMENT. This agreement is not assignable by SUBSCRIBER without written consent of COMPANY. COMPANY shall have the right to assign this agreement or subcontract any of the services it may perform. There are no verbal understandings changing or modifying this agreement.
TERMINATION. COMPANY has right to terminate agreement at any time with or without cause and COMPANY will not be liable for any damages or penalties as a result of termination.
ALARM MONITORING AND NOTIFICATION SERVICE. If I purchase service that includes response by police, fire department, guard, medical emergency notification or two-way voice monitoring services and such an alarm is received at COMPANY's central monitoring center (CMC), COMPANY may, at its sole discretion, attempt to contact me and/or anyone on my Emergency Contact List to confirm that the alarm is not false. If COMPANY does not contact me and/or someone on my Emergency Contact List, or if COMPANY questions the response it receives upon such contact, then (A) COMPANY will attempt to notify the appropriate police department or fire department or, (B) if guard response service is provided and an alarm requires police response, COMPANY will attempt to dispatch a representative to make an investigation of the exterior of the premises from his or her vehicle and, upon evidence of a crime, COMPANY will attempt to notify the appropriate police department. If COMPANY provides supervisory alarm or trouble alarm monitoring services (or if such services are actively programmed into the alarm system) and COMPANY's CMC receives an alarm, then COMPANY may attempt to notify my premises and/or the representative I designate. COMPANY may use an automated calling device to deliver such notification. If medical emergency notification services are provided, I agree that the very nature of such services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which I will not attempt to hold COMPANY responsible or liable; that the equipment furnished for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at my premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of COMPANY's control. COMPANY's performance of, delay in performance of or failure to perform medical emergency notification services under the AGREEMENT are subject to and controlled by Paragraph 2 of this AGREEMENT. The person(s) identified on my Emergency Contact List are authorized to act on my behalf. I understand that local laws, ordinances or policies may restrict COMPANY's ability to provide the alarm monitoring and notification services described in this AGREEMENT and/or necessitate modified or additional services with additional charges to me. I understand that COMPANY employs a number of industry-recognized measures to help reduce occurrences of false alarms. These measures include, but are not limited to, implementation of default settings on alarm panels and various procedures at COMPANY's CMC to determine when and how to respond, if at all, to certain alarm events. I consent to COMPANY's use of these measures and agree that the alarm system has not been designed, programmed or installed pursuant to any law, code or rule that may be applicable to my particular premises, including, but not limited to, any code provisions of the National Fire Protection Association or the International Residential Code. I understand that, upon receiving notification that an alarm signal has been received by COMPANY, the police department, fire department or other responding authority may forcibly enter my premises. I understand that COMPANY will never arrest or detain any person for any reason.
SUBSCRIBER AND COMPANY HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE MAKING, VALIDITY, CONSTRUCTION, PERFORMANCE OR ENFORCEMENT THEREOF. Any disputes and claims must be commenced in the courts of Broward County, Florida within (1) year of the event. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflicts of law principles.
ENTIRE AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. I AM NOT RELYING ON COMPANY'S ADVICE OR ADVERTISEMENTS. COMPANY IS NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY A COMPANY AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL CONTROL AND GOVERN EVEN IF THERE ARE OTHER DOCUMENTS WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT DETERMINES THAT ANY PROVISION OF THIS AGREEMENT 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 AGREEMENT SHALL CONTINUE TO BE VALID AND ENFORCEABLE.