Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the A3E Systems LLC Platform, you agree to comply with and be bound by these Terms.
The Sites are intended for a general audience aged eighteen (18) years and older. If you are under the age of 18, you are prohibited from using the Sites.
Acceptance of Terms
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Sites or with any terms included with any product or service purchased from us, then these TOU shall control and take precedence.
Storage of Your Content
The Company may from time to time in its sole discretion offer different storage plans to retain copies of Content captured by Products and other equipment through the use of the Sites. We reserve the right to change these plans at any time. We cannot guarantee that your content will be stored, backed up or retrieved if you have not selected a plan to store your Content. The foregoing is subject to the warranty disclaimer and limitation of liability below with respect to loss of data.
Nature of Products
You acknowledge that the Products are, in most cases, a do-it-yourself installation, and in some cases the Company recommends a Third Party Installer, and therefore, the Company has no way to verify that the Products are properly installed prior to any incident and shall remain indemnified from any loss occurring for incomplete or incorrect installation. In the event you choose to self-monitor on the Sites or forgo monitoring of any kind, you agree that you assume full responsibility for any damages caused by your failure to monitor the Sites. If you choose to hire a monitoring service, you agree to be bound by all conditions that apply to professional monitoring customers.
You understand that some Products are not connected to the electrical system of your premises and require batteries to operate. THESE PRODUCTS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND IF THE BATTERIES ARE LOW OR DEAD. It is your sole responsibility to maintain and replace the batteries. The Company recommends that you regularly inspect the sensors for dirt and dust and test the sensors frequently to help maintain continued operations.
You 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.
Professional Monitoring Services: The Company may offer, from time to time in its sole discretion, a monitoring service in connection with use of the Sites and the Products 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, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, private third party rapid response service, 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 Services 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 Company to log the signal. If the premises is located in a jurisdiction requiring a personal verified on-site 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 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 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 to disregard receipt of a Listed Code, Company 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 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. you acknowledge and agree that (i) all software, hardware, firmware, codes, signals, audio and voice communications, video images, information and documentation arising out of or from, in connection with, related to, as a consequence of or resulting from this Agreement or the services (collectively, the “IP Property”) are the sole and exclusive property of Company or its subcontractor(s) and you have no rights whatsoever in any of the IP Property, and (ii) Company shall have the right in its sole and absolute discretion to destroy, delete, erase, etc. (collectively, “Destruction”) the IP Property at any time without notice to you; provided, that upon your written request to retain any specific IP Property being received by Company prior to the Destruction of the IP Property, Company shall use commercially reasonable efforts to store the specific IP Property as requested by you on the condition precedent that you pay all fees, costs and expenses related to your request.
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, 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.
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.
Medical Emergency Signal. You acknowledge and agree that Company’s sole responsibility upon receipt of a medical emergency signal transmitted from the system is to call by telephone the medical assistance providers as directed by you. You understand and agree that Company and representatives are hereby released from all liability due to active or passive sole, joint or several negligence of any kind or degree of Company or representatives which you, or anyone claiming through you, in any way might or could claim against Company or representatives based upon, arising out of or from, in connection with, resulting from, related to or as a consequence of Company’s failure or improper dispatch of medical assistance providers.
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.
Email Notice. In the event you elect to receive automatic email 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 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 here under 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.
Rapid Response Service: The Company may from time to time integrate third party rapid response services, whereby, private security contractors may offer their physical emergency response to a listed code (hereinafter “Rapid Response”). This Rapid Response service may be acquired as a third party add-on services in addition to our self and professional monitoring services and would be available on our online E-commerce platform. Any contractual liability that is established, through the purchase of Add-On Rapid Response service, exists only between you and the Security Contractor providing such service and shall be subject to the terms and conditions of the Security Contractor, available on the Rapid Response service provider websites. The terms and conditions of these third party Rapid Response service providers would also be available on our Sites for your ease. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING RELIABILITY OR EFFECTIVENESS OF SUCH RAPID RESPONSE SERVICE THAT YOU CHOSE AND THE COMPANY ITS DIRECTORS, EXECUTIVES AND EMPLOYEES SHALL REMAIN INDEMNIFIED TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY DIRECT OR INDIRECT, OR CONSEQUENTIAL LOSS FACED BY YOU DUE TO ANY ACT OR OMISSION OF THE RAPID RESPONSE SERVICE PROVIDER IN LIEU OF RAPID RESPONSE ADD-ON SERVICES.
Account, Password, and Security
When you register for the Sites, you will create a password to access certain materials on the Sites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable to losses incurred by the Company or a third party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder and the Company. By creating an account, you agree that you will provide only true and correct information to us about yourself and that you will not create an account for or on behalf of anyone else and that you will not use any pretext or deception to create an account, not in your own name or that would appear to be the account of another person. You agree that you will not use any pretext or deception to access or attempt to access the account of any other person.
Ownership of Sites, Licenses, and Access
All the Sites are owned by the Company. The Company grants you a limited license to access and make personal use of the Sites but does not grant you the authority to download or modify any portion of the Company’s proprietary information, Company Content found on the Sites, or the Sites themselves, unless you have obtained prior and express written consent of the Company. This license does not include any derivative use of the Sites or Content or any use of data mining, robots, or similar data gathering and extraction tools.
You agree that you will use the Sites only in combination with Company products and services or Company authorized products and services. If you are a manufacturer or distributor or authorized representative of a product or service that is not an authorized product or service, and you wish to request support for your product or service, please send an email to firstname.lastname@example.org to request further information. The Company is not required to acknowledge or respond to any such request, or to engage in or continue any discussions that may result from any such request, but may do so in its sole discretion.
You may not frame or utilize framing techniques to enclose any materials located on the Sites, including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company, third parties, or Company affiliates without express written consent from the Company (in the case of third parties, express written consent from the appropriate third party owner/licensee of any materials, including Content, is required). You may not use any Company tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates any permission or license granted by the Company. For purposes of clarity, these TOU and the license(s) granted to you hereunder EXPRESSLY EXCLUDE the right to use any Content except as made available to you on the Sites. You may not copy or disseminate any Content or other materials from the Sites.
The Company grants you permission to create a link to the Sites only as follows: the Company grants to you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of www.a3esystems.com so long as the link does not portray the Company, Content, or the Company’s products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without first obtaining express written permission from the Company. For purposes of clarity, the Company may obtain certain materials and Content through a third party content provider(s) under a license from the said provider(s). THE LANGUAGE HEREIN NEITHER INTENDS TO, NOR SHALL IT BE INTERPRETED AS INTENDING TO, GRANT YOU ANY RIGHTS, TITLE, OR INTEREST TO THE COMPANY’S SITE MATERIALS OR CONTENT. By using the Sites, you expressly agree that you shall respect the intellectual property rights of all third parties, the Company, and any others who may provide materials and/or other Content to the Sites. We only display licensed content obtained from such a third party provider(s) in their original form and as licensed, unless expressly otherwise permitted by the license.
No Unlawful or Prohibited Use
As an express condition of your use of the Sites, you agree, represent, and warrant that you will not use the Sites for any purpose that is unlawful, violates the rights of any third party, or is otherwise prohibited by these TOU or the other Terms and Conditions. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party’s use and enjoyment of the Sites.
You may not use automated means of any kind to manipulate Company data, information, or services. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the sites for any purpose. You may not decompile, disassemble, reverse engineer, copy, create derivative works from, or display any of the Sites’ or Company’s software code. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post, or transmit in any way connected to the Sites: (i) content of an illegal nature (including content that violates third party intellectual property rights); (ii) pirated software (or software sites), content that facilitates “hacking” or “cracking”; (iii) content with the sole purpose of causing harm or inciting hatred or content that could be considered as slanderous or libelous. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites. The Company expressly prohibits using the Sites in any way for: bullying; pretexting (impersonation), or spamming (sending unsolicited messages or junk mail).
The Company reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites who violates any provision of these TOU. You expressly understand and agree that violation of the above may result in the termination of your access and/or account without refund of any fees or other amounts paid by you to the Company or others.
Personal Non-Commercial Use Limitation
Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, or Services obtained from the Sites.
Modification of the TOU
We reserve the right to change this TOU and the terms, conditions, and notices concerning your use of the Sites from time to time at our sole discretion. When we post changes, we will revise the “last updated” date at the top of this document. You are responsible for regularly reviewing these TOU and any other Terms and Conditions posted on the Sites. We will always post the date that the TOU and/or the Additional Terms were last revised. Your continued use of the Sites constitutes your continued agreement to all such terms, conditions, and notices.
Termination of Access
The Company reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites, or any portion thereof, at any time without notice.
You must be at least eighteen (18) years of age to use the Sites or to submit any personal information to the Company and, if you are under the age of eighteen (18), you may only use the Sites with the permission of and in the presence of your parent(s) or legal guardian. As such, if you transact or attempt to transact any business with the Company or submit, or attempt to submit, any personal information to the Company, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE (AND, IF UNDER THE AGE OF EIGHTEEN (18), THAT YOU HAVE PARENTAL PERMISSION TO USE THE SITES AND ARE IN THE PRESENCE OF YOUR PARENT OR LEGAL GUARDIAN) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE SITES IN ACCORDANCE WITH THE STATED TOU AND ALL OTHER TERMS AND CONDITIONS.
You hereby agree to supervise the usage by, and be responsible for the actions of, any minors who use your computer or mobile device and/or account(s) to ensure compliance herewith. The use by any minor of the Sites from your computer or mobile device and/or account(s) constitutes your agreement to these TOU.
Material Provided to the Company
If you submit any materials, feedback, your original content, or other communications (collectively, “Submission”) to the Sites or to the Company, you grant the Company and its designees and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, prepare derivative works from and reformat your Submission, and publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission that you provide and the Company may remove any Submission at any time in its sole discretion. If the Company does post or use any Submission, the Company may remove, modify or cease to use such Submission at any time in the Company’s sole discretion.
Copyrights and Trademarks
All of the materials and Content appearing on the Sites are either owned, licensed or sub- licensed (including, without limitation, through these TOU) to the Company and are used by the Company in accordance with the applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any materials or Content (including any logos, images, or data) from the Sites or otherwise use in any manner inconsistent with the exclusive rights of the copyright or trademark holder, unless you are the owner of said materials or Content or have express written permission from the owner of said materials. All rights not expressly licensed to you under these TOU or other applicable Terms and Conditions are expressly reserved by the Company, or if applicable by the owner of such rights.
Links to Third Party Websites
Any contact that you have with third parties (including advertisers) through the Sites or by your participation in promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and that third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.
Disclaimer of Warranties and Limitation of Liability
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED AS IS AND MAY INCLUDE INACCURACIES, DEFECTS OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE TO THE SITES FROM TIME TO TIME AND TO THE INFORMATION CONTAINED THEREIN. THE COMPANY AND/OR ITS AUTHORIZED BUSINESS RELATIONS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.
THE COMPANY AND ITS BUSINESS RELATIONS DO NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED (OR NOT SENT OR RECEIVED), OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, MADE BY YOU OR BY A THIRD PARTY. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE PRODUCTS MAY NOT BE COMPROMISED OR CIRCUMVENTED; (2) THE PRODUCT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR (3) THAT THE PRODUCT WILL PROVIDE ADEQUATE WARNING OR PROTECTION. THE COMPANY’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES, ROBBERIES, FORCED ENTRIES, FIRES, FLOODS, AND MEDICAL PROBLEMS. YOU UNDERSTAND THAT A PROPERLY INSTALLED AND MAINTAINED ALARM MAY ONLY REDUCE THE RISK OF A BURGLARY, ROBBERY OR OTHER EVENTS OCCURRING WITHOUT PROVIDING AN ALARM, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT THE EQUIPMENT AND SERVICES PURCHASED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES, OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT.
YOU AGREE THAT BY USING THE PRODUCTS, THE COMPANY DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. YOU AGREE THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT THE COMPANY. BY USING THE PRODUCT, YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST THE COMPANY FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE PRODUCT OR SERVICES PROVIDED BY THE COMPANY.
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE LAW UNDER CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS EVENT, THE COMPANY’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY TO ACCESS THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST THE COMPANY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY PART OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
YOU UNDERSTAND AND AGREE THAT: (A) COMPANY IS NOT AN INSURER OF YOUR PREMISES, PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN YOUR PREMISES; (B) YOU ARE SOLELY RESPONSIBLE TO PROVIDE ANY INSURANCE ON YOUR PREMISES AND ITS CONTENTS; (C) THE AMOUNT YOU PAY TO COMPANY IS BASED ONLY ON THE VALUE OF THE SYSTEM AND SERVICES COMPANY PROVIDES, AND NOT ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS; (D) ALARM SYSTEMS AND THE CENTRAL STATION MONITORING SERVICE MAY NOT ALWAYS OPERATE PROPERLY OR AT ALL FOR VARIOUS REASONS; (E) IT IS DIFFICULT TO DETERMINE IN ADVANCE (I) THE VALUE OF THE PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED OR (II) THE DAMAGES INCURRED RESULTING FROM OR CAUSED BY PERSONAL INJURY OR DEATH TO YOU OR ANY OTHER PERSON IF THE SYSTEM OR OUR SERVICES FAIL TO OPERATE PROPERLY OR AT ALL; (F) IT IS DIFFICULT TO DETERMINE IN ADVANCE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHER EMERGENCY PERSONNEL WOULD RESPOND TO AN ALARM SIGNAL; AND (G) IT IS DIFFICULT TO DETERMINE IN ADVANCE WHAT PORTION, IF ANY, OF THE PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR FAILURE TO PERFORM, OUR NEGLIGENCE, OR A FAILURE OF THE SYSTEM OR THE SERVICES PROVIDED HEREIN. THEREFORE, EVEN IF A COURT DECIDED THAT COMPANY’S BREACH OF THIS AGREEMENT, A FAILURE OF THE SYSTEM, OUR NEGLIGENCE, OUR ACTION OR INACTION, OR A FAILURE OF THE MONITORING OR REPAIR SERVICE CAUSED, CONTRIBUTED TO OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU OR ANYONE IN YOUR PREMISES, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO 6 MONTHS OF SERVICE FEES AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT COMPANY WAS LIABLE FOR THE INJURY OR LOSS.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND REFLECTS AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS). ACCESS TO THE SITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
THESE LIMITATIONS OF LIABILITY EXTEND TO ALL CLAIMS WHETHER OR NOT CLAIMED OR SUSPECTED AND CONSTITUTE A WAIVER OF EACH AND ALL THE PROVISIONS OF THE APPLICABLE LAW. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR UNLESS THE CREDITOR VOLUNTARILY CHOOSES TO WAIVE THIS RIGHT. YOU, NEVERTHELESS, HEREBY VOLUNTARILY ELECT TO, AND DO, WAIVE THIS RIGHT DESCRIBED IN THIS PARA OR AVAILABLE AT ANY APPLICABLE LAW AND ELECT TO ASSUME ALL RISKS FOR CLAIMS THAT NOW EXISTS IN YOUR FAVOR, KNOWN OR UNKNOWN, FROM THE SUBJECT OF THIS AGREEMENT.
You agree to indemnify and hold the Company and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Company.
The Parties agree that all services provided by the Company shall be deemed solely based in Pakistan.
The Parties agree that all disputes against the Company and any disputes that may arise out of these TOU or out of each Party’s relationship to the other, including but not limited to disputes as to these TOU, the Sites license, Sites access restriction and/or termination, Company’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights; user accounts, privacy, services, Products, Content, and disclaimer of warranties (collectively, “Claims”) shall be governed by the internal laws of Pakistan without regard to choice of law principles.
Judicial Forum for Legal Disputes
All lawsuits arising from or relating to these Terms or your use of the Sites will be brought in the Federal courts located in Islamabad Pakistan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
If any part of these TOU are determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by the valid and enforceable provision that is the closest match to the intent of the original provision and the remainder of these TOU shall remain in effect.
No waiver of any of the terms of these TOU will be valid unless in writing and designated as such. No failure or delay in enforcing a Party’s rights shall be construed as a waiver.
It is the express will of the Parties that these TOU be prepared in English. In the event that these TOU are translated into another language or otherwise reprinted, this English language version of these TOU (as amended) shall govern if any inconsistencies from such translation arise.
Errors, Omissions, and Changes
While the Company endeavors to use reasonable efforts to ensure the accuracy of the materials and Content presented, these TOU explicitly warn you that this service may include typographical errors and/or technical inaccuracies.
The Company reserves the right to change these TOU as it deems reasonable and appropriate without notice to you. Any changes to these TOU are effective as soon as such changes are posted to the Sites or mobile applications. The date of the most recent changes to these TOU are listed at the beginning of this document. The Company encourages you to verify the date that these TOU were last updated whenever you contact The Sites or mobile applications to determine whether or not changes were made. The Company may, from time to time, post notices on the Sites or mobile applications if the Company believes, in its sole discretion, that it has made material changes to these TOU.
The Company takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential even if the Company and you take protective measures. If you are transmitting confidential information, you are doing so at your own risk.
If you have any questions, comments, or concerns, please contact the Company’s customer service department, during normal business hours Monday through Friday Pakistan Standard time at or email at email@example.com.
The Company expressly reserves any rights not explicitly granted to you in the Terms and Conditions.
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