Monitored Security and Care Services Terms and Conditions
These Terms and Conditions (this “Agreement”) govern the Monitored Security Services you have elected to receive (the “Services”). THE SERVICES ARE BEING LICENSED AND/OR PROVIDED BY PEOPLE POWER COMPANY (“PROVIDER”) THROUGH ONE OR MORE THIRD PARTY PROVIDERS. PROVIDER IS SOLELY RESPONSIBLE FOR (I) ADMINISTERING AND PROVIDING THE SERVICES, AND (II) ALL ISSUES, CLAIMS, AND DISPUTES RELATING TO THE SERVICES. PEOPLE POWER COMPANY IS NOT RESPONSIBLE FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR YOUR CONTENT, NOR DO THEY PROVIDE ANY TYPE OF GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THESE SERVICES. BY ACCESSING OR USING THE SERVICES YOU AGREE TO RELEASE PEOPLE POWER COMPANY FROM AND AGAINST ANY LOSSES, DAMAGES OR LIABILITIES OF ANY KIND RESULTING OR ARISING FROM YOUR USE OF THE SERVICES.
1. Fees and Costs
A. Fees for the Services are billed monthly in advance. If you have provided a credit card number, Provider will charge the fees to such credit card. To avoid interruptions in service, please make sure such credit card number is kept current. You agree to pay any separately itemized charge for federal, state, and local taxes, fees or charges which are imposed upon your receipt of the Services.
B. You are responsible for obtaining any paying for any applicable county or municipal permits that may be necessary for your receipt of the Services. You may be required to disclose your permit number to Provider.
C. In some locations, you may be assessed a fee in connection with a false alarm. It is your responsibility to understand the policies that apply in your location. If either Provider or you is assessed any fine or penalty as a result of any false alarm, you shall pay the full amount of such fine or penalty.
D. You are responsible for all communications, utility and other costs necessary to operate and maintain the security equipment on your premises, including the cost of any changes in the equipment that may be required by any government agency.
2. Limitation of Provider’s Liability; Disclaimer
A. You acknowledge and agree that Provider is not an insurer; that insurance, if any, is to be obtained by you independently of Provider and this Agreement; and that the amounts payable for the Services are based upon the value of the Services and upon the scope of liability as set forth in this Agreement and are not based on or related to the value of your property or the property of others located at your premises.
B. You acknowledge and agree that this Agreement does not provide for full liability of Provider and agree that Provider shall be exempt from liability, to the maximum extent permitted by law, for loss, damage, or injury arising from occurrences, or their related consequences, that the Services are designed to detect; that if Provider should be found liable for loss, damage, or injury due to failure of service or equipment in any respect, its liability shall be limited to a maximum of $250.00. To the maximum extent permitted by law, the provisions of this paragraph shall apply if loss, damage, or injury regardless of cause or origin, results directly or indirectly to person or property from the performance or nonperformance of obligations imposed by this Agreement or from negligence, active or otherwise, of Provider, its agents, or employees. No suit or action relating to the Services shall be brought more than one year after the accrual of the cause of action thereof. The limitations of liability expressed herein shall inure to the benefit of and apply to all shareholders, parents, and subsidiaries of Provider, any entity reselling the Services to you or administering them on your behalf, and all other companies or persons affiliated with Provider.
C. You agree to indemnify and hold harmless Provider, any reseller or administrator of the Services, and their officers, employees, and agents, from and against all claims, lawsuits, and losses, including attorney’s fees, by persons not a party to this Agreement, relating to the Services provided under this Agreement and (i) to such person’s presence on the property to which the Services relates, or (ii) to such person’s personal or fiduciary relationship to you.
D. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ACCURATE, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT, SOFTWARE, SERVICE, OR HARDWARE. NEITHER PROVIDER NOR ANY RESELLER OR ADMINISTRATOR OF THE SERVICES ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, OR (II) INTERRUPTION OF THE SERVICES.
3. Your Additional Obligations
A. You are responsible for providing true and correct information in connection with the Services, including (a) your contact information and the location in which the gateway device provided to you is located and (b) information regarding your designated contact persons. Subject to the limitations of Section 2.D, It is your responsibility to promptly update any such information (for example, any time the gateway device is moved to another location or if there is a change to the contact information for one of your designated contacts).
B. You are responsible for obtaining and maintaining in good working order all equipment necessary for the proper operation of the Services as well as all Internet connectivity, mobile services, and UPS battery backup for continuous operation of your Internet connection. If you have set up password or pin code protection for any of your devices, you are responsible both for remembering and safeguarding them. You understand that all battery-powered motion detectors, door and window contact transmitters and other detection sensors installed under this Agreement are not connected to the electrical system of your 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 your sole responsibility to maintain and replace these batteries. Provider recommends that you regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help maintain continued operation. In accordance with ANSI/SIA CP-01 standards, professional monitoring services may not be notified if there are no audible devices, such as sirens or keypads, in the home to warn you in advance of emergency services being notified. Provider also recommends that you carefully read and follow the owner’s manual, instructions and warnings for all equipment.
C. Neither Provider nor any third party will have any responsibility or liability for your failure to meet your obligations under this paragraph 3.
4. Further Obligations of Provider; Limitations
A. Provider, upon receipt of an alarm signal from your premises, shall make every reasonable effort to transmit the alarm promptly to the police or fire department having jurisdiction (except that, to avoid false alarms, Provider retains the right, in its sole judgment, to first investigate the cause of such signal by either telephoning you or dispatching a representative to your premises to determine whether an emergency condition exists, warranting transmission of the signal to the police or fire department). Provider shall also make a reasonable effort to notify your designated representatives by telephone of every genuine alarm received, unless instructed to do otherwise by you.
B. Provider shall not be held responsible or liable for any interruption of Services due to strikes, lockouts, riots, floods, fires, lightning, acts of God, or any cause beyond the control of Provider, including interruptions in telephone service. Provider will not be required to supply Services to you while any such cause continues.
A. Your Services may be terminated immediately upon written notice in the following circumstances: (i) If you default in the performance of any of the terms and conditions of this Agreement, including the failure to make any payment as agreed herein or to properly maintain the correct location of your gateway; or (ii) if you fail to properly maintain or follow recommendations made by Provider for the maintenance of your system, or if your failure to follow operating instructions properly results in an undue number of false alarms.
B. You may terminate this Agreement upon written notice at any time and Provider will cease billing the advance monthly Services fees. Written notice must be sent to Provider at email@example.com. You will not be entitled to any refund of advance monthly Services fees paid prior to Provider’s receipt of your termination notice.
C. Should you default in the payment of your account, you shall be responsible for the payment of all fees, including reasonable attorney fees incurred in the collection of your account.
This Agreement may not be assigned by you. This Agreement may be assigned by Provider to any successor to Provider’s business, in which case Provider shall be relieved of all liability hereunder. Notwithstanding any assignment of this Agreement by Provider, the limitations of liability contained in paragraph 2 and paragraph 4 shall continue to apply.
Any dispute arising from or relating to this Agreement or the provision or use of the Services (a “Dispute”) shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any Dispute shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Santa Clara County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by this Agreement. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes and replaces all other prior understandings or agreements, whether oral or written, relating to the premises covered by this Agreement. In executing this Agreement, you are not relying on any advice or advertisement of Provider or anyone reselling or administering the Services. You agree that any representation, promise, condition, inducement, or warranty, express or implied, not included in writing in this Agreement shall not be binding, and that the terms and conditions hereof apply as printed without alteration or qualification. The terms and conditions of this Agreement shall govern notwithstanding any inconsistent or additional terms and conditions of any purchase order or other document submitted by you.
Last updated: February 10, 2017