TERMS OF SERVICE: Version 1.0
Advanced Security, LLC Monitoring Agreement
Advanced Security, LLC
2043 South Bend Avenue, Suite 209
South Bend, IN 46637
This agreement is between “Subscriber” hereinafter referred to as Subscriber and Advanced Security, LLC hereinafter referred to as “Advanced Security”.
TERMS AND CONDITIONS.
1. CONNECTIVITY. SUBSCRIBER will furnish at its expense the appropriate form(s) of communication(s) method for the monitored equipment also including electricity and connectivity equipment (RJ-31X, router, static IP, modem…etc.). To be monitored by the central monitoring station, one of the appropriate communication paths need to be in place; (a) plain ordinary telephone service (POTS), (b) cellular service including global packet radio service (GPRS) and global system for mobile communications (GSM), (c) or internet (cable, DSL, broadband…etc.), (d) voice over internet protocol (VoIP). SUBSCRIBER’S equipment type and chosen alarm monitoring service determines the appropriate communication path.
2. COMMUNICATION. SUBSCRIBER authorizes Advanced Security the right to retrieve, copy, record, and disclose any telephone, video, oral or any other form(s) of communication used between Advanced Security and SUBSCRIBER or authorized representative for purposes related to the service(s) provided.
3. INSURANCE. Advanced Security agrees to perform the services described herein, without liability and not as an insurer. Alarm systems are not foolproof and they do not replace insurance. Advanced Security encourages SUBSCRIBER to carry adequate insurance to safeguard their valuables. Adequate insurance would compensate SUBSCRIBER’S losses including but not limited to losses due to burglary, hold up and fire in case of transmission problems due to severance of communication path, which may affect the system and the transmission of signals to the central monitoring station.
4. BILLING. SUBSCRIBER agrees that monitoring charges will commence according to the activation date and after the system was tested and programmed to communicate with the central station. SUBSCRIBER agrees to Advanced Security billing in advance any charges including; applicable taxes, fines and fees. SUBSCRIBER also agrees to pay Ten Cents ($0.10) per data message over the allocated amount in the plan chosen in monthly service plan.
5. SHIPPING. Advanced Security makes an effort to make an effort to keep items in stock and ready to ship, however, some items may be out of stock and will be backordered; in this event Advanced Security will contact the SUBSCRIBER via email. Advanced Security will ship all orders via USPS and UPS. Advanced Security cannot be held responsible for any unforeseen shipping delays or other events out of the control of Advanced Security.
6. INSTALLATION AND SET-UP. Advanced Security agrees to instruct SUBSCRIBER or SUBSCRIBER REPRESENTATIVE via telephone, email, user manual and/or over the internet in the proper use, installation and set-up of the system. Advanced Security will not be responsible to monitor any devices that are not programmed by Advanced Security for alarm or supervisory conditions into Advanced Security’s signaling system. It is mutually agreed that the work of technical support by Advanced Security shall be performed between the hours of 11:00 o’clock a.m. and 8:00 o’clock p.m. EST, exclusive of Saturdays, Sundays and holidays.
7. MONITORING SERVICE
A. BURGLAR ALARM. SUBSCRIBER understands that “burglar alarm monitoring service” means only that the central station operator will react to signals received from SUBSCRIBER’S monitored alarm system at the address supplied by SUBSCRIBER. Advanced Security agrees to have monitored, if applicable, SUBSCRIBER’S security system. Upon receipt of a signal indicating an unauthorized entry into SUBSCRIBER’S premises, or an emergency condition, the central station operator(s) will use reasonable efforts to identify the signal and, when warranted, in accordance with the procedures appropriate to the installed equipment, the central station operator will transmit notice of said signal over standard telephone lines, in accordance with SUBSCRIBER’S local code, to the deemed authority having jurisdiction. After notifying the local authority, the central station operator(s) will use reasonable efforts to contact one of the SUBSCRIBER’S designated representatives at the telephone number(s) provided by SUBSCRIBER. SUBSCRIBER assumes all responsibility for making sure any and all information given to Advanced Security is up-to-date.
B. COMMERCIAL FIRE ALARM. SUBSCRIBER understands that “commercial fire alarm monitoring service” means that Advanced Security is only responsible for monitoring fire signals sent from SUBSCRIBER’s property and received at Advanced Security’s central station. SUBSCRIBER acknowledges that Advanced Security will not be held responsible for any local maintenance, inspections or testing, which may, or may not be required by the local authority having jurisdiction.
C. VIDEO VERIFICATION. SUBSCRIBER understands that “video verification monitoring service” means only the central monitoring station will react to signals received from SUBSCRIBER’S video burglar alarm system. Upon receipt of a signal indicating unauthorized activity causing the motion detector to activate the central station operator will use reasonable effort to view the associated video to determine the cause of the activation. In the event there is no visual evidence of an intruder, the central station operator will disregard the event. In the event an intruder is viewed by the central station operator, they will transmit notice of said signal over standard telephone lines, per SUBSCRIBER’S local code, to the deemed authority having jurisdiction.
After notifying the local authority, the central station operator(s) will use reasonable efforts to contact one of the SUBSCRIBER’S designated representatives at the telephone number(s) provided by SUBSCRIBER. SUBSCRIBER assumes all responsibility for making sure any and all information given to Advanced Security is up-to-date. SUBSCRIBER agrees that its designated representative(s) shall have authority, proper access, and a key to enter the premises.
D. MEDICAL ALERT. The central monitoring stations sole service is to contact the medical contact’s phone number(s) provided by SUBSCRIBER in the event of an emergency signal. SUBSCRIBER agrees to hold Advanced Security and any of its employees and subcontractors harmless regardless of joint, several, active or passive negligence resulting from improper dispatch of medical assistance providers.
E. VOICE OVER INTERNET PROTOCOL. SUBSCRIBER understands that SUBSCRIBER’S voice over internet protocol (VoIP) communication system may not transmit signals to Advanced Security’s central monitoring station or to 911 emergency services. In the event signals are not transmitted, SUBSCRIBER understands that emergency dispatch may not occur. SUBSCRIBER’S using VoIP communications are encouraged to utilize a plain ordinary telephone land line, cellular radio, or network monitoring device to ensure alarm signal transmission.
8. REMOTE TECHNICAL SERVICE. Advanced Security shall have the ability to remotely enter and/or change SUBSCRIBER’S electronic data used for reporting alarm conditions from SUBSCRIBER’S equipment to the central monitoring station. Advanced Security monitored SUBSCRIBERS receive free technical remote services for only the initial month of the first (1st) contracted year, starting from their online monitoring date. SUBSCRIBER agrees that all equipment pre-programmed or activated for monitoring services prior to cancellation by a Advanced Security technician is subject to a non-refundable programming charge, activation charge and/or monitoring terms and conditions.
SUBSCRIBER agrees remote technical service not eligible for free technical remote services will be billed at prevailing rates and SUBSCRIBER agrees to pay Advanced Security accordingly.
9. LOCAL FEES AND ORDINANCES. SUBSCRIBER at its cost must comply with local permit procedures related to monitoring services and is responsible for determining, complying, and notifying Advanced Security in the event local ordinances or policies change which may affect Advanced Security’s performance of services.
10. PRIOR AGREEMENTS. SUBSCRIBER acknowledges that they currently are not under contract with any other monitoring company, and will hold harmless Advanced Security from any resulting claim. SUBSCRIBER affirms prior agreements have been terminated and that any such agreement will not be means for cancellation of this agreement. SUBSCRIBER agrees to pay any costs, attorney fees, expenses, liabilities, losses, demands, judgments, and suits in the event of a breach of this agreement.
11. SUBCONTRACT. Advanced Security shall have the right to subcontract under its sole discretion such services, but not limited to repair, installation, and monitoring to any third-party or individual under this agreement. SUBSCRIBER is bound by agreement which insures to any subcontractor(s) used by Advanced Security to retain full force and effect of this agreement and provisions held within.
12. IMPOSED RATE ADJUSTMENT. Advanced Security shall have the right, at any time, to increase the charges provided herein, to reflect any additional taxes, permit fees, code changes or charges relating to the service provided under the terms of this agreement, which may hereafter be imposed on Advanced Security by any utility or governmental agency, together with any processing fee incurred by Advanced Security; and SUBSCRIBER agrees to pay the same.
13. RATE ADJUSTMENT. After commencement of service, Advanced Security may annually increase the monthly monitoring charge. In the event an increase exceeds 10% per year and SUBSCRIBER is unwilling to pay the increased charges, SUBSCRIBER may terminate this agreement and SUBSCRIBER will not be subject to any payments for liquidated damages, upon giving notice via email or in writing, by registered mail, within (30) days from the date of notice of the increase.
SUBSCRIBER’S failure to notify Advanced Security within said (30) days shall constitute SUBSCRIBER’S acceptance of the rate adjustment.
14. EXTENTION. After the initial monitoring term, this agreement shall AUTOMATICALLY EXTEND ON A MONTH TO MONTH BASIS at the prevailing monthly rate unless either party shall give written notice by registered mail or email of cancellation at least thirty (30) days prior to the expiration of the original term or any extension term. In the event no notice of cancellation is received by Advanced Security, SUBSCRIBER authorizes Advanced Security to continue charging SUBSCRIBER’S account for monitoring service.
15. FALSE ALARMS AND THIRD PARTY CHARGES. Any cost incurred by Advanced Security for false alarms/signals originating from SUBSCRIBER’S premises shall be promptly reimbursed to Advanced Security. SUBSCRIBER is responsible for any false alarm charges and/or third party charges exclusively. If excessive false alarms are caused by carelessness, malicious use, or unintended use of the alarm system, Advanced Security may, at its sole discretion, deem same to be a material breach of contract on part of SUBSCRIBER and may be excused from further performance.
SUBSCRIBER agrees to eliminate conditions or factors interfering with the proper operation of installed devices which may cause false alarms.
16. TERMINATION. Advanced Security retains the right to terminate this agreement for any reason, at any time, with or without cause. Advanced Security’s termination of SUBSCRIBER shall not constitute a waiver of its rights to collect any charges which may have been accrued or may be due hereunder. Runaway signals occur when SUBSCRIBER’S equipment sends the central monitoring station excessive signals. In the event SUBSCRIBER’S monitored equipment sends data to the central monitoring station in an erroneous “runaway” manner, Advanced Security may terminate, shut-down and lock-out SUBSCRIBER’S account for damages and not as a penalty, immediately following notice to SUBSCRIBER of said defect by either telephone or e-mail.
17. CANCELLATION. This agreement may be cancelled, without notice, at the option of Advanced Security in the event the central monitoring station, connection link or the equipment within Advanced Security is destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service with no further obligation to SUBSCRIBER and may likewise be cancelled at the option of the SUBSCRIBER in the event of such occurrences at SUBSCRIBER’S facility.
SUBSCRIBER shall be liable for any delinquent payments, stopped payments, disputed payment for services previously rendered, including any and all fees we incur from any disputed, or stopped payments and liquidated damages as contained in Paragraph 18.
18. LIQUIDATED DAMAGES. Upon termination or default of this agreement for any reason, except for cancellation at the end of the initial term or any extension term as provided herein, all services by Advanced Security will terminate and in addition to any payments due for services rendered, SUBSCRIBER shall be liable for liquidated damages for the breach of the contract, calculated at the accelerated rate seventy-five percent (75%) of the amount due from the date of default to the end of the term of the agreement. This provision for liquidated damages is agreed upon between the parties due to the inability of computing the actual costs of disconnecting the service and/or the loss of the value of the unexpired portion of the agreement. In the event SUBSCRIBER fails to pay the amount of liquidated damages due upon termination and/or the amount then due for services previously rendered, SUBSCRIBER agrees to pay Advanced Security all costs of collections, bank fees, stop payment/NSF Fees, and all credit card chargeback/disputed charge fees, including without limitation, prejudgment interest and reasonable attorney fees.
19. DEFAULT. SUBSCRIBER shall be in default of this agreement for: (a) failure to pay any fees billed hereunder when due, (b) willfully or negligently causing repeated false alarms/signals, (c) failure to perform any other obligation under this agreement. Upon SUBSCRIBER’S default, Advanced Security shall have the right to terminate this agreement ten (10) days after written notice of default by either email or registered mail. In the event of any default of this agreement by SUBSCRIBER, SUBSCRIBER shall pay Advanced Security any and all damages including but not limited to, liquidated damages as defined in Paragraph 18.
20. REACTIVATION CHARGE. SUBSCRIBER shall pay a reactivation charge to Advanced Security, in advance with any past due balances if security system is cut off and SUBSCRIBER desires it reconnected.
21. CROSS-DEFAULT. If SUBSCRIBER has multiple active agreements with Advanced Security and any of these agreements are in default, Advanced Security retains the right to cancel all other agreements even if in good standing, as means to collect past due balances for any delinquent account (refer to liquidated damages as defined in Paragraph 18).
22. LATE CHARGES. In the event SUBSCRIBER shall be delinquent in the payment of monies due, SUBSCRIBER agrees to pay interest at a charge of one and a half (1.5%) percent per month with a maximum of eighteen (18%) percent per year from the date of delinquency and Advanced Security reserves the right to refuse repair or monitoring service without liability until the past due monies have been paid in full. SUBSCRIBER agrees to pay a $40.00 administrative fee or the highest amount allowed by law, whichever is less, for any check or credit card transaction that is returned to Advanced Security unpaid for any reason; all collection costs, including without limitation, prejudgment interest and reasonable attorney’s fees.
23. DIY PROGRAMMING. In the event SUBSCRIBER chooses to program SUBSCRIBER’S own security system equipment without Advanced Security’s assistance, SUBSCRIBER agrees to hold Advanced Security, its members, owners, employees, and subcontractors harmless for any potential damages and/or costs that may result.
DIY programming SUBSCRIBERS assume all liability for errors, omissions, or improper use of any third party software, program, application, and any other device or lack of device that may be used to input data. Any additions and/or changes to any Advanced Security monitored security systems zone information must be sent to Advanced Security in writing, email, fax, or on Advanced Security’s account setup and changes online form.
24. MAINTENANCE AND REPAIR. SUBSCRIBER, at its own cost and expense, is required to keep the equipment in good repair, condition and working order. SUBSCRIBER agrees to perform at least monthly system checks in order to ascertain if the system is properly functioning, including walk tests if applicable (when motion detection devices are installed). SUBSCRIBER agrees to notify Advanced Security promptly of any operating defect so Advanced Security or authorized agent may perform repair service. SUBSCRIBER acknowledges that Advanced Security’s obligations hereunder relates solely to the services purchased. Advanced Security is in no way obligated to maintain or service SUBSCRIBER’S property not part of the system or the property of others to which Advanced Security’s monitored system is connected to, except as otherwise contained herein. SUBSCRIBER at its expense is responsible for replacing batteries as required for proper operation of system.
25. DELAYS AND INTERRUPTIONS. Advanced Security assumes no liability for delays in monitoring service or interruptions of service due to strikes, riots, floods, fires, acts of God or any causes beyond the control of Advanced Security including interruption of alarm transmission, and will not be required to supply service to the SUBSCRIBER while such cause continues. SUBSCRIBER understands that alarm signals may be transmitted by telephone, cable, radio, cellular or internet, which are outside the control of Advanced Security, and Advanced Security shall have no responsibility for any failure in transmission of alarm signals by any of these means. SUBSCRIBER agrees to immediately notify Advanced Security of any malfunctions involving the communication link.
26. LIMITED WARRANTY.
A. Except as set forth herein, Advanced Security makes no representations or warranty of any kind, expressed or implied, with respect to the condition of equipment, and disclaims any and all warranties of merchantability, fitness for a particular purpose or any other warranty. SUBSCRIBER acknowledges that no other representations were made to SUBSCRIBER or relied upon by SUBSCRIBER with respect to the quality and function of the goods or service.
B. In the event any new part of the equipment sold by Advanced Security to SUBSCRIBER shall be determined defective or inoperative by Advanced Security under normal use (subject to Section E of the Limited Warranty stated below), within one year of shipping Advanced Security shall replace or repair such defective part without charge to SUBSCRIBER (exclusive of shipping and programming costs) and SUBSCRIBER agrees to pay for service in accordance with prevailing rates. Advanced Security reserves the right to replace any product under the warranty with new or remanufactured product or parts. Advanced Security is not responsible for labor costs of removal or reinstallation of products.
Advanced Security warrants that any repaired or replaced product shall satisfy the warranty set out for the balance of the term of the warranty for the initial product. To be eligible SUBSCRIBER must contact Advanced Security by email or in writing by registered mail at the address set forth above, fully describing the nature of the defect so that Advanced Security will have the right to cure the defect within a reasonable period of time. Service for equipment no longer under warranty will be provided by Advanced Security at prevailing rates and SUBSCRIBER agrees to pay the same.
C. In the event Advanced Security takes over monitoring of an existing security system owned by SUBSCRIBER and not designed, sold, or installed to SUBSCRIBER by Advanced Security, Advanced Security assumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation or non-actuation, of SUBSCRIBER’S existing equipment. Monitoring service will commence when Advanced Security has programmed SUBSCRIBER’S equipment to the central monitoring station and has received test signals from SUBSCRIBER’S premises and both Advanced Security and SUBSCRIBER agree that such signals have been satisfactorily transmitted and received. Advanced Security makes no representation as to suitability or condition of SUBSCRIBER’S system. Telephonic and/or e-mail technical support will be provided by Advanced Security at prevailing rates and SUBSCRIBER agrees to pay the same.
D. In no event shall Advanced Security be liable for more than, and SUBSCRIBER’S exclusive remedy for breach of this limited warranty shall be limited to, the repair or replacement of defective equipment sold under this agreement, and Advanced Security shall not be liable for injuries to persons or property, including but not limited to, all general, direct, special, exemplary, punitive, incidental or consequential damages.
E. Advanced Security shall not be liable at any time for costs of repair or replacement in the event of damage to material or equipment caused by accident, vandalism, flood, water, lightning, fire, intrusion, abuse, misuse, an act of God, any casualty, including electricity, unauthorized repair service, modification or improper installation not deemed acceptable by Advanced Security and/or any other cause beyond the control of Advanced Security, including interruption of electrical or telephone service, cellular or internet. In the event repair service or modification is needed and to be performed by anyone except an Advanced Security REPRESENTATIVE, SUBSCRIBER must inform Advanced Security beforehand of any service to be performed on an Advanced Security monitored system by phone or email with SUBSCRIBER REPRESENTATIVE’S name and contact information so that Advanced Security REPRESENTATIVE can facilitate when and how SUBSCRIBER and/or SUBSCRIBER REPRESENTATIVE should render the appropriate service.
F. SUBSCRIBER acknowledges that any affirmation of fact or promise made by Advanced Security shall not be deemed to create an express warranty, and that Advanced Security makes no representation or warranty that the system or service supplied may not be compromised, circumvented, or that the system or services will in cases provide the signaling, monitoring, and response for which it was intended. SUBSCRIBER is not solely relying on Advanced Security’s skill or judgment in selecting or furnishing a system suitable for any particular purpose.
G. This agreement becomes binding upon submission of order to Advanced Security. SUBSCRIBER acknowledges receipt of a copy of this agreement, and specifically acknowledges and accepts that Advanced Security’s liability is limited as set forth herein.
27. LIMITATION OF DAMAGES.
A. It is understood and agreed by the parties hereto that Advanced Security is not an insurer and that insurance, if any, covering personal injury and property loss or damage on SUBSCRIBER’S premises shall be obtained by SUBSCRIBER, at SUBSCRIBER’S sole expense; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of SUBSCRIBER’S property or the property of others located on SUBSCRIBER’S premises; that Advanced Security makes no guarantee, representation or warranty including any implied warranty of merchantability or fitness for particular purpose that the system or service supplied will avert or prevent occurrences of the consequences there from which the system or service is intended to detect or avert.
B. SUBSCRIBER acknowledges it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any of Advanced Security’s obligations or a failure or malfunction in the system to properly operate because of, among other things: the uncertain amount or value of SUBSCRIBER’S property or the property of others which may be lost or damaged; the uncertainty of the response time of the police or other authority; the inability to ascertain what portion, if any, of any loss would be proximately caused by Advanced Security’s failure to perform any of its obligations or failure of its equipment to properly operate; or the nature of the services to be performed by Advanced Security.
C. SUBSCRIBER understands and agrees that if Advanced Security should be found liable for any loss or damage due from a failure to perform any of its obligations or a failure of the equipment to properly operate, Advanced Security’s liability shall be limited to a sum equal to the total of one-half year’s monitoring payments, or FIVE HUNDRED DOLLARS ($500.00) whichever is the lesser, and this liability shall be exclusive and shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property from performance or non-performance of any of Advanced Security’s obligations or from negligence, active or otherwise, of Advanced Security, its employees, members, owners or agents.
D. In the event that the SUBSCRIBER wishes Advanced Security to assume greater liability, SUBSCRIBER may, as a matter of right, obtain from Advanced Security a higher limit by paying an additional amount to Advanced Security, and a rider shall be attached hereto setting forth higher limit and additional amount, but this additional obligation shall in no way be interpreted to hold Advanced Security as an insurer.
E. When SUBSCRIBER in the ordinary course of business has the property of others in its custody, or the monitored system extends to protect the persons or property of others, SUBSCRIBER agrees to and shall indemnify, defend and hold harmless Advanced Security, its employees and agents for and against all claims of indirect, consequential, incidental, or punitive damages in the event not limited to loss in profits or loss of data brought by owners of said property arising out of the Advanced Security service under this agreement. This provision shall apply to all claims regardless of cause including Advanced Security’s performance or failure to perform and including defects in products, design, installation, service, operation or non-operation of the system whether based upon negligence, active or passive, expressed or implied contract or warranty, contribution or indemnification, or strict or product liability on the part of Advanced Security, its employees members, owners or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by an employee of Advanced Security while on SUBSCRIBER’S premises.
F. SUBSCRIBER acknowledges that the system purchased and programmed is as requested and is suitable to his particular purpose, and unless defects or omissions in programming are called to Advanced Security’s attention in writing, SUBSCRIBER accepts the system as is. SUBSCRIBER agrees to pay for service at prevailing rates as stated in Paragraph 8. SUBSCRIBER agrees there is no additional compensation for installation time or expenses incurred by SUBSCRIBER.
28. LEGAL ACTION. Advanced Security is located in the State of Indiana, United States of America. Any disputes, small claims and federal, legal or equitable that may arise against Advanced Security LLC it’s members must be commenced in the courts of St. Joseph County, Indiana within one (1) year after the act, omission, or event occurred from which the claim, action or proceeding arises, without judicial extension of time, or said claim, action or proceeding is barred, time being of the essence of this paragraph. This agreement shall in all respects be governed as to validity, interpretation, enforcement and effect by laws of the State of Indiana. SUBSCRIBER agrees to waive its right to a jury trial. SUBSCRIBER consents to the jurisdiction of such courts and agrees to the process of service by mail, thus waiving any jurisdictional or venue defenses otherwise available.
The State of Indiana laws will govern legal notices, disclaimers, and privacy policies without any conflict of laws.
29. WAIVER. SUBSCRIBER acknowledges that the provisions of this agreement, and particularly those paragraphs relating to disclaimer of warranties, limitation of liability and third party indemnification inure to the benefit of and are applicable to Advanced Security and its subsidiaries and to any subcontractors engaged by Advanced Security to provide monitoring, sales, maintenance or service of the alarm system provided herein. SUBSCRIBER hereby waives its right of recovery against Advanced Security for any loss covered by insurance pertaining to the premises or contents by any policy or law.
30. ASSIGNMENT. This agreement is not assignable by SUBSCRIBER without prior written consent of Advanced Security. The SUBSCRIBER will recognize any assignment of this agreement by Advanced Security and will furnish upon request the assignee with a written acknowledgement that this agreement is in full force and effect and will not be subject to claims, defenses or set-offs that SUBSCRIBER may have against Advanced Security. Advanced Security shall have the right to assign this agreement or subcontract any of the services it may perform.
31. WARRANT. SUBSCRIBER represents and warrants that SUBSCRIBER’S identity and contact information provided above is accurate, and that SUBSCRIBER is age 18 or older and otherwise competent and authorized to enter into the agreement.
32. ELECTRONIC FORMAT. SUBSCRIBER agrees to enter into this agreement in electronic format pursuant to the federal Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act.
33. ENTIRE AGREEMENT; NON-WAIVER; SEVERABILITY. If there is any conflict between this agreement and SUBSCRIBER’S purchase order, or any other document, this agreement will govern, whether such purchase order or other document is prior to or subsequent to this agreement. It is mutually understood and agreed that any representation, promise, advertising or other statement, condition, inducement or warranty, express or implied, whether written or verbal, not included in writing in this agreement shall not be binding upon any party and that the agreement may not be altered, modified or otherwise changed at any time except with the written consent of each of the parties hereto, and in the form of an addendum to this agreement. There are no verbal understandings changing or modifying this agreement.
34. ALARM.COM INCORPORATED (For Alarm.com, GE, Interlogix, Simon, Qolsys products and services) You have recently agreed to purchase residential or commercial security products and services from dealer Advanced Security an independently owned and operated security services dealer. Alarm.com Incorporated (“Alarm.com”) has authorized Advanced Security to market and sell to you “Alarm.com Services” for your use with certain hardware and other products (“Equipment”) that enable the Alarm.com Services. These Alarm.com (Sections A1 through A10) terms are part of your legal agreement with Advanced Security. Click here to view the Alarm.com Terms, they contain among other things, important warranty disclaimers (in Section A3) and limitations of liability (in Section A5) applicable to your use of the Alarm.com Services and products. By selecting YES, I agree to the Terms of Service box next to the “YES, I Agree to the Terms of Service” box you are entering into a “click-wrap agreement” with Advanced Security and additionally with Alarm.com. By accessing the Alarm.com customer website, mobile app or using any other part of the Alarm.com Services, you agree to be bound by these Alarm.com Terms. Although these Alarm.com Terms are part of your legal agreement with Advanced Security, you acknowledge and agree that they may be enforced by Alarm.com directly. Please read in full and print for your records the Alarm.com Terms.
35. NUMERA MEDICAL ALERT SYSTEMS/ LIBRIS MPERS. You have recently agreed to purchase a Numera Medical Alert System and Monitoring from dealer (“ADVANCED SECURITY, LLC”) an independently owned and operated security services dealer. Numera (“Numera”) has authorized Advanced Security to market “Numera’s” products and services to our customers. Advanced Security, LLC offers the devices at NO CHARGE with a paid monitoring service. In the event the Equipment is Lost, Stolen, or Damaged in any way, the “subscriber” is responsible for the replacement cost of the device at $199.99 plus any shipping fees. If the equipment is not returned the “Subscriber” will be charged the replacement cost of the device of $199.99 plus any shipping fees.
*Fall Alert Detection IS NOT 100% so ALWAYS press the emergency button when possible
HERE ARE THE LINKS TO USE FOR THE MOBILE HELP SECTIONS “CLICK HERE”
Mobile Helps TERMS AND CONDITIONS
*Fall Alert Detection IS NOT 100% so ALWAYS press the emergency button when possible
37. INVALID PROVISIONS. If any terms or provisions of this agreement shall be determined to be invalid or inoperative, all of the remaining terms and provisions shall re-main in full force and effect. The headings used in this agreement are intended solely for use as reference and are not intended to be a part of this agreement or as a limitation of the scope of the particular sections to which they refer
By clicking the Acceptance Box, you also agree to our website Terms and Conditions below:
TERMS AND CONDITIONS
Agreement between user and www.AdvancedSecurityLLC.com
Welcome to www.AdvancedSecurityLLC.com. The www.AdvancedSecurityLLC.com website (the “Site”) is comprised of various web pages operated by Advanced Security LLC www.AdvancedSecurityLLC.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”) Your use of www.AdvancedSecurityLLC.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.AdvancedSecurityLLC.com is an Informational and E-Commerce Site
Our website is provided for sales and information of Security Alarm Monitoring, Security Alarm Systems, Security Products, Home Automation, Video Surveillance Systems, Medical Alert Systems & GPS Vehicle Tracking Services.
Visiting www.AdvancedSecurityLLC.com , sending email to Advanced Security LLC, or filling out our Forms on our website constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
Advanced Security LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.AdvancedSecurityLLC.com only with permission of a parent or guardian.
Links to third party sites/ Third party services
www.AdvancedSecurityLLC.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Advanced Security LLC and Advanced Security LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Advanced Security LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Advanced Security LLC of the site or any association with its operators.
Certain services made available via www.AdvancedSecurityLLC.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.AdvancedSecurityLLC.com domain, you hereby acknowledge and consent that Advanced Security LLC may share such information and data with any third party with whom Advanced Security LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.AdvancedSecurityLLC.com users and customers.
No unlawfully or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Advanced Security LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changed thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or part, found on the Site. Advanced Security LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete of alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Advanced Security LLC and the copy copyright owner. You agree that you do not acquire any ownership rights in any protected content, we do not grant you any licenses, express or implied to the intellectual property of Advanced Security LLC or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Advanced Security LLC account to third party accounts, By connecting your Advanced Security LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to other (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Advanced Security LLC from out offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Advanced Security LLC content accessed through www.AdvancedSecurityLLC.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Advanced Security LLC, its members, officers, directors, employees, agents and third parties, for any losses, costs, liability’s and expenses (including reasonable attorneys’ fee) relating to or arising our of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Advanced Security LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Advanced Security LLC in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGED ARE PERIDICALLY ADDED TO THE INFORMATION HEREIN. ADVANCED SECURITY LLC AND OR ITS SUPPLIERS MAY MAKE INPROVEMENTS AND/OR CHANGED IN THE SITE AT ANY TIME.
Advanced Security LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portions thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputed arising out of or relating to the use of the Site. Use of the Sit is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitations, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Advanced Security LLC as a result of this agreement or use of the Site. Advanced Security LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Advanced Security LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Advanced Security LLC with respect to such use, if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Advanced Security LLC with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Advanced Security LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Change To Terms
Advanced Security LLC reserves the right, in its sole discretion, to change the Terms under which www.AdvancedSecurityLLC.com is offered. The most current version of the Terms will supersede all previous versions, Advanced Security LLC encourages you to periodically review the Terms to stay informed of our updates.
Advanced Security LLC welcomes your questions or comments regarding the Terms:
Advanced Security LLC
2043 South Bend Ave #209
South Bend, Indiana 46635