Legal Information
SURVEILLANCE UNIT LEASE ORDER TERMS AND CONDITION
Effective Date September 1, 2025
AGREEMENT TERMS AND TERMINATION
Customer may terminate THE SURVEILLANCE UNIT LEASE ORDER (“ORDER”), without additional cost or penalty, at the end of the original term or any renewal term by providing ALERT 360 with written notice at least thirty (30) days before the end of the current ORDER term. If the ORDER is terminated prior to the end of the current term, except as otherwise provided, Customer agrees to pay ALERT 360 all charges that would have been payable for the remaining term of the ORDER but for Customer’s early termination. If ORDER has been entered into online, cancellation of the automatic renewal may likewise be made online or be given by (i) certified mail, return receipt requested; (ii) telephone at 888-642-4567; (iii) email to care@alert360.com; or (iv) online by logging into My Account at alert360.com and submitting a request.
SERVICES
Mobile Surveillance Unit (“MSU”) is a leased piece of equipment which is powered by a solar panel array and heavy-duty charging system with commercial battery installation that is transported by trailer (the “System”). The 4D low light cameras allow a 360-view site surveillance. AND/OR
Powered Surveillance Unit (“PSU”) is a leased piece of equipment which is powered by a customer provided 110v outlet, equipped with 2 PTZ low light cameras allowing 180-degree view (the “System”). AND/OR
Solar Surveillance Unit (“SSU”) is a leased piece of equipment which is powered by a single solar panel and a heavy-duty charging system with a commercial grade battery. The unit is equipped with a single PTZ low light camera allowing for 180-degree view (the “System”).
PROPOSITION 65 WARNING: System may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm. |
1. PAYMENT DEFAULTS.
1.1 IF CUSTOMER FAILS TO MAKE ANY PAYMENT FOR THE SERVICES ALERT 360 PROVIDES WHEN DUE, ALERT 360 MAY (I) DISCONTINUE MONITORING AND SERVICE; (II) TERMINATE THE ORDER; (III) IMMEDIATELY RETRIEVE THE SYSTEM FROM THE MONITORED LOCATION; AND (IV) RECOVER ALL DAMAGES TO WHICH ALERT 360 IS ENTITLED INCLUDING THE VALUE OF THE WORK AND SERVICES PERFORMED AND ALERT 360’S LOSS OF PROFITS FOR THE UNEXPIRED TERM OF THE ORDER. IF A PAYMENT IS NOT PAID WITHIN TWENTY (20) DAYS OF THE INVOICE DATE, ALERT 360 MAY IMPOSE AN ACCOUNTING FEE EQUAL TO THE LESSER OF (I) $100.00 PER MONTH UNTIL PAID, OR (II) THE MAXIMUM AMOUNT PERMITTED BY LAW IN THE STATE WHERE THE SYSTEM IS LOCATED. IF ALERT 360 HIRES AN ATTORNEY OR AGENCY TO COLLECT ANY AMOUNTS DUE TO ALERT 360, CUSTOMER WILL PAY OUR REASONABLE ATTORNEY’S FEES AND COLLECTION COSTS WHERE PERMITTED BY LAW.
1.2 Set-off. If Customer has multiple accounts, ALERT 360 reserves the right to apply payments from one account to set-off payment obligations due by another account.
1.3 Customer shall pay a reconnection charge if service is suspended or terminated due to Customer’s failure to make timely payments of invoices or upon other Customer default. Customer shall not receive credit for interruptions in the operation of equipment or of service for less than 5 consecutive days (120 consecutive hours), regardless of the cause of such interruption. Interruptions due to power, internet, or weather conditions (including solar) will not be credited.
1.4 Customer authorizes recurring, regularly scheduled charges to Customer’s checking, savings account, or credit card. The charge will appear on Customer’s bank statement as an “ACH Debit” or Customer’s credit card statement. Customer agrees that no prior notification will be provided unless the date or amount changes, in which case Customer will receive notice from ALERT 360 at least 10 days prior to the payment being collected. Customer understands that this authorization will remain in effect until Customer cancels it in writing, and Customer agrees to notify Alert 360 in writing of any changes in Customer’s account information or termination of this authorization at least 15 days prior to the next billing date. If the periodic payment dates fall on a weekend or holiday, Customer understands that the payment may be executed on the next business day. Customer understands that because this is an electronic transaction, these funds may be withdrawn from Customer’s account or charged to Customer’s credit card. Customer understands this authorization also allows ALERT 360, to charge Customer bank account or credit card for all past due amounts, trip fees, service fees, permits, licenses or false alarm fees, or amount that may accumulate in arrears, according to the terms above and the conditions of the ORDER. Customer understands that this authorization allows ALERT 360 to adjust the scheduled deductions to reflect any billing changes and/or price increases. Customer also authorizes ALERT 360 to initiate entries to the account to correct any erroneous deductions or to provide a refund. In order to cancel the autopay, Customer understands that they must email CARE@ALERT360.COM or call 888-642-4567 to do so. In the case of a transaction being rejected for Non-Sufficient Funds (NSF) Customer understands that Alert 360 may at its discretion attempt to process the charge again within 30 days, and Customer agrees to an additional $10.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. Customer acknowledges that the origination of recurring transactions to Customer’s account must comply with the provisions of U.S. Law. Customers agree not to dispute this recurring billing with Customer’s bank so long as the transactions correspond to the terms indicated in this authorization form. Customer agrees that an ACH or credit card denial will constitute a breach of Customer’s payment obligation in this ORDER with ALERT 360.
2. FAIR CREDIT REPORTING ACT. Customer authorizes and consents to credit investigations and reports by ALERT 360 and any other Company or to whom ORDER may be assigned. In compliance with the Fair Credit Reporting Act (“FCRA”), the Customer hereby authorizes ALERT 360 to obtain a consumer credit report. Customer has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Customer to ALERT 360 to request additional credit information. Customer releases all persons involved in the credit investigation from liability in connection with such investigation.
3. VIDEO SHIELD. The System will be connected to ALERT 360’s central station facility (“Central”). ALERT 360 shall provide live or hosted video surveillance from cameras mounted on a mobile surveillance unit on an existing structure. If the surveillance system is equipped with outputs (sirens, strobes, public address system), ALERT 360 may remotely activate the outputs in an attempt to deter unauthorized individuals. Authorized individuals should call to notify the Central, prior to entering the Monitored Location during monitored hours. Where video images shall be used as part of the video verification of alarm signals service, upon activation of the protective and/or video system by trigger, or remote access of the video equipment by ALERT 360 personnel, the video system will transmit video images to the ALERT 360 Central. The images will be used to verify the nature of the emergency at the Monitored Location.
3.1 If “Monitored by Alert 360” is selected on the ORDER, unless otherwise designated by Customer or LOCAL AUTHORITY through ordinances or laws, the default authority notification process will be as follows: ALERT 360 will attempt to contact an Authority or Emergency Agency, as set forth in the notification instructions provided by Customer and inform the Authority or Agency of the type of emergency alarm condition received and what, if anything, was observed in the video images. ALERT 360 personnel will use its sole discretion in interpreting the video images transmitted. If, in its sole discretion of ALERT 360 personnel, no emergency alarm condition exists at Customer’s Monitored Location, ALERT 360 may elect not to notify any Authority or Emergency Agency. Live video monitoring uses motion-based software analytics and/or hardware components to generate an event escalation to ALERT 360’s Central. Hardware detection is limited to the manufacturer’s specifications. One event will be generated in a twenty (20) second period. Consecutive false events per camera, are subject to being automatically paused until the next monitoring cycle begins. The service shall be defined as “Video Shield”.
3.2 If “Self-Monitored” if selected on the ORDER, Customer is solely responsible for viewing any transmitted video images and notifying the appropriate authorities. Customer understands that ALERT 360 will not receive any signals from the System and that ALERT 360 has no obligation to dispatch authorities.
3.3 ALERT 360 may discontinue or change any particular response service due to governmental or insurance requirements by giving Customer written notice. Customer consents to the tape recording of all telephonic communications between the Monitored Location and Alert 360 offices, including the Central. THE CITY OR COUNTY IN WHICH CUSTOMER’S BUSINESS IS LOCATED MAY REQUIRE CUSTOMER TO OBTAIN A PERMIT FOR THE USE AND MONITORING OF THE SYSTEM. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE SYSTEM HAVE BEEN OBTAINED, AND THEREFORE ALERT 360 MAY NOT BEGIN MONITORING UNTIL CUSTOMER HAS OBTAINED, AT CUSTOMER’S EXPENSE, ALL NECESSARY PERMITS OR LICENSES AND PROVIDED ALERT 360 WITH THE LICENSE OR PERMIT NUMBER. Upon connection of the monitoring service, ALERT 360 will thoroughly instruct Customer on the proper use of the System.
4. INCREASE IN SERVICES FEE. ALERT 360 MAY INCREASE THE MONITORING FEES AT ANY TIME TO RECOVER ANY ADDITIONAL TAXES, FEES, LICENSES OR OTHER CHARGES THAT MAYBE IMPOSED ON ALERT 360 BY ANY GOVERNMENTAL AGENCY OR UTILITY RELATING TO THE SERVICES ALERT 360 PROVIDES. IN ADDITION, ALERT 360 SHALL HAVE THE RIGHT TO INCREASE ALL CHARGES BY AN AMOUNT NOT TO EXCEED NINE PERCENT EACH YEAR PROVIDED FOR HEREIN AT ANY TIME AFTER ONE (1) YEAR FROM THE EFFECTIVE DATE OF THIS ORDER, UPON GIVING CUSTOMER WRITTEN NOTICE THIRTY (30) DAYS IN ADVANCE OF THE EFFECTIVE DATE OF SUCH INCREASE. ANY ADVANCE PAYMENTS MADE FOR SERVICE TO BE SUPPLIED SUBSEQUENT TO THE DATE OF SUCH TERMINATION SHALL BE REFUNDED TO THE CUSTOMER.
5. OWNERSHIP:
The System is the sole property of ALERT 360 and shall not be considered a fixture or a part of the real property.
6. RISK OF LOSS OF MATERIAL:
Customer agrees that no person or persons, other than ALERT 360, be permitted to alter, remove, or tamper with the System, without the permission of ALERT 360. ALERT 360 shall not be liable for any damage or loss sustained by Customer as a result of equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, weather or other causes, including ALERT 360’s negligence or failure to perform any obligation. Customer assumes all risk of loss of material once delivered to the job site. Customer shall keep the System free from liens and in good condition and working order. Customer bears the entire risk of loss, theft, damage, or destruction to the System from the date the System is delivered to the Monitored Location until the System is returned to ALERT 360, regardless of cause (“Loss”). No Loss will relieve Customer of any obligations under this ORDER. Customer shall immediately notify ALERT 360 in writing of any Loss. To protect the System from Loss, Customer shall keep the System insured against Loss for its full replacement value under a comprehensive policy of insurance. Should ALERT 360 be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this ORDER, Customer agrees to pay ALERT 360 for such service or material. If more than one lessee is named on this ORDER, liability is joint and several.
7. RETURN OF EQUIPMENT:
Upon termination of this ORDER, whether by expiration of the term or otherwise, Customer shall return the System in the same condition as it was upon installation, less ordinary wear and tear or Customer shall pay ALERT 360 the fair market-value of the System.
8. CUSTOMER’S DUTIES: Customer will instruct all persons who may use the System on its proper testing and use. Customer will test the System’s protective devices and send test signals to the Central in accordance with our instructions at least monthly. If a problem in the System occurs, Customer will notify us immediately. Customer will obtain and keep in effect all permits or licenses that may be required for the operation of the System. Customer shall furnish ALERT 360 with a written list of names and telephone numbers of those persons whom Customer wishes to receive notification of alarm signals (the “Call List”) in the event ALERT 360 believes there is an emergency at the Monitored Location. Customer will notify ALERT 360 in writing of any changes in the Call List or other information Customer provides to ALERT 360. Customer agrees that ALERT 360 may give the information Customer provided to ALERT 360 to any governmental agency having authority over the System or service.
9. SUSPENSION OR CANCELLATION OF ORDER: Customer understands that ALERT 360 may stop or suspend the monitoring and immediately retrieve the System from the Monitored Location if: (a) Strikes, severe weather, earthquakes, or other such events beyond ALERT 360’s control affect the operation of the Central or so severely damage Customer’s business that continuing service would be impractical (b) There is an interruption or unavailability of the telephone service between the System and the Central (c) Customer does not pay the service charge due to ALERT 360, after ALERT 360 has given Customer ten (10) days’ notice that ALERT 360 is canceling service because of non-payment. ALERT 360 may charge a reconnection fee if service is suspended for non-payment (d) ALERT 360 is unable to provide service because of some action or ruling by any governmental authority. (e) Customer becomes a debtor in a bankruptcy proceeding (f) Customer is abusive or threatening to ALERT 360’s employees which makes it impractical to continue doing business (g) Customer’s account has become burdensome and it is unpractical to perform the obligations required under this ORDER. Additionally, ALERT 360 reserves the right to retrieve the System from the Monitored Location at any time, after the initial term, with twenty-four (24) hours prior notice to Customer. If service is canceled or terminated for any reason, Customer will permit ALERT 360 to disconnect the System from the Central and remove the System and all of ALERT 360 signs and decals from Customer’s business. Failure to permit ALERT 360 to access the System for removal will result in Customer being charged the fair market value of the System.
10. ASSIGNEES AND SUBCONTRACTORS: ALERT 360 may transfer or assign this ORDER to any other alarm company, or financial institution as loan collateral. Customer may not transfer this ORDER to someone else (including someone who purchases or rents Customer’s business) unless ALERT 360 approves the transfer in writing, which consent will not be unreasonably withheld. ALERT 360 may use subcontractors to provide installation, repair, monitoring, or other services. This ORDER, and particularly Sections 12 and 13,, shall apply to the work Subcontractors perform and protect ALERT 360 assignees and subcontractors in the same manner as it applies to and protects ALERT 360.
11. CHANGES TO THE SYSTEM: If Customer or any governmental agency or insurance interest wants ALERT 360 to change the System after it is installed, Customer agrees to pay our standard parts and labor charges for such changes.
12. ALERT 360 IS NOT AN INSURER/LIMITATION OF LIABILITY; LIQUIDATED DAMAGES: CUSTOMER UNDERSTANDS THAT:(A) ALERT 360 IS NOT AN INSURER OF CUSTOMER’S BUSINESS, CUSTOMER’S PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN CUSTOMER’S BUSINESS;(B) CUSTOMER WILL PROVIDE ANY INSURANCE ON CUSTOMER’S BUSINESS AND ITS CONTENTS; (C) THE AMOUNT CUSTOMER PAYS TO ALERT 360 IS BASED ONLY ON THE VALUE OF SERVICE ALERT 360 PROVIDES AND NOT ON THE VALUE OF CUSTOMER’S MONITORED LOCATION OR ITS CONTENTS; (D) THE SYSTEM AND ALERT 360’S MONITORING SERVICE MAY NOT ALWAYS OPERATE PROPERLY FOR VARIOUS REASONS; (E) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF THE PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE SYSTEM OR ALERT 360’S SERVICE FAILS TO OPERATE PROPERLY; (F) IT IS DIFFICULT TO DETERMINE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHERS WOULD RESPOND TO AN ALARM SIGNAL; (G) IT IS DIFFICULT TO DETERMINE WHAT PORTION, IF ANY, OF ANY PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY ALERT 360’S FAILURE TO PERFORM, ALERT 360’S NEGLIGENCE, OR A FAILURE OF THE SYSTEM OR SERVICE. THEREFORE CUSTOMER AGREES: EVEN IF A COURT DECIDES THAT ALERT 360’S BREACH OF THIS ORDER, A FAILURE OF THE SYSTEM, OR ALERT 360’S NEGLIGENCE, OR A FAILURE OF THE INSTALLATION, MONITORING OR REPAIR SERVICE CAUSED OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO CUSTOMER OR ANYONE IN CUSTOMER’S BUSINESS, CUSTOMER AGREES THAT ALERT 360’S LIABILITY SHALL BE LIMITED TO $1,500.00 OR 3 TIMES THE MONTHLY CHARGE, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL BE CUSTOMER’S ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT ALERT 360 WAS LIABLE FOR THE INJURY OR LOSS. CUSTOMER MAY OBTAIN A HIGHER LIMITATION OF LIABILITY: IF CUSTMER WISHES, CUSTOMER MAY OBTAIN FROM ALERT 360 A HIGHER LIMITATION OF LIABILITY IN LIEU OF THE LIQUIDATED DAMAGES FOR AN ADDITIONAL MONTHLY CHARGE BASED ON A GRADUATED SCALE OF RATES. IF CUSTOMER ELECTS THIS OPTION, ALERT 360 WILL ATTACH A RIDER TO THIS ORDER WHICH WILL SET FORTH THE AMOUNT OF THE LIMITATION OF LIABILITY AND THE AMOUNT OF THE ADDITIONAL CHARGE. AGREEING TO THE LIMITATION OF LIABILITY DOES NOT MEAN THAT ALERT 360 IS AN INSURER. IF CUSTOMER WISHES TO TERMINATE THIS ORDER EARLY, OR BREACHES THIS ORDER BY FAILING TO MAKE A PAYMENT FOR THE TERM OF THIS ORDER, CUSTOMER SHALL BE LIABLE TO ALERT 360 FOR AN AMOUNT EQUAL TO (I) 80% OF THE REMAINING BALANCE FOR THE TERM OF THE ORDER IF THE REMAINING TERM IS 6 MONTHS OR GREATER; OR (II) 100% OF THE REMAINING BALANCE FOR THE TERM OF THE ORDER IF THE REMAINING TERM IS FOR 6 MONTHS OR LESS. CUSTOMER ACKNOWLEDGES THAT THIS ORDER CONTAINS A LIQUIDATED DAMAGE CLAUSE.
13. THIRD PARTY INDEMNIFICATION AND NO SUBROGATION: If anyone other than Customer, asks ALERT 360 to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) a failure of the System or Services, (ii) ALERT 360’S negligence, (iii) any other improper or careless activity of ALERT 360 in providing the System or Services, or (iv) a claim for indemnification or contribution, Customer will repay to ALERT 360 (a) any amount which a court orders ALERT 360 to pay or which ALERT 360 reasonably agrees to pay, and (b) the amount of ALERT 360’S reasonable attorney’s fees and any other loss and/or costs that ALERT 360 may pay in connection with the harm or damages. Customer’s obligation to pay ALERT 360 for such harm or damages shall not apply if the harm or damages happens while one of ALERT 360’S employees or subcontractors is in or about Customer’s business, and such harm or damages is solely caused by that employee or subcontractor. Unless prohibited by Customer’s property insurance policy, Customer agrees to release ALERT 360 from any claims of any parties suing through Customer’s authority or in Customer’s name, such as Customer’s insurance company, and Customer agrees to defend ALERT 360 against any such claim.
14. LIMITATION ON LAWSUITS; JUDICIAL REFERENCE: Where permitted by law, both ALERT 360 and Customer agree that no legal proceeding connected with this ORDER, whether based upon contract, tort, negligence, or otherwise, shall be brought or filed more than one year (only applicable where permitted by law) after the incident giving rise to the claim occurred. IN ADDITION, WHERE PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY; AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. Any other action that Customer may have or bring against ALERT 360 in respect to services rendered in connection with this ORDER shall be deemed to have merged in and be restricted to the terms and conditions of this ORDER. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party’s address in this ORDER or another address provided by the party in writing to the party making service. Any legal proceeding arising out of or relating to this ORDER must be brought in Tulsa County, Oklahoma. Oklahoma law applies to this ORDER regardless of choice-of- law rules.
15. ARBITRATION: CUSTOMER AGREES THAT ANY AND ALL DISPUTES SHALL BE GOVERNED BY THIS BINDING ARBITRATION AGREEMENT. Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court. As used herein, the term “Dispute” means any claim or controversy, including, but not limited to, initial claims, counterclaims, cross claims and third-party claims, whether based in contract, tort, fraud, intentional acts, violation of any statute, code or regulation, or other legal theory. The term “Dispute” shall be given the broadest possible meaning and will apply to, without limitation, all claims and controversies arising from Customer’s interaction or relationship with ALERT 360. ALERT 360 agrees not to elect arbitration if Customer files a Dispute in a small claims court in Customer’s state of residency so long as the Dispute is individual and non-representative in nature and remains exclusively as such in small claims court. Pre-Arbitration Notice Requirement. Before initiating an arbitration or a small claims matter, Customer agrees to first provide a written “Notice of Dispute” that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to ALERT 360 should be sent to the address written on Page One of this ORDER. ALERT 360 will mail a Notice of Dispute to the protected Premises address. Both parties agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. Initiation of Arbitration Proceeding. If either party elects to arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the national arbitration organization to which the Dispute is referred. A party may refer a Dispute to either the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”). If ALERT 360 elects arbitration and chooses one of the organizations to administer, Customer may object and automatically have the other organization administer the proceedings simply by notifying ALERT 360 of Customer’s objection in writing within 30 days of Customer’s receipt of ALERT 360’s initial selection. To obtain a copy of the procedures, or to file a Dispute, Customer may contact the organizations at the following: (1) AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los Angeles, CA 92614, www.jamsadr. com. IF EITHER PARTY ELECTS TO ARBITRATE A DISPUTE, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, THE PARTIES MAY ALSO WAIVE OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER PARTY ELECTS TO ARBITRATE A DISPUTE, CUSTOMER WAIVES THEIR RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration will be arbitrated on an individual basis, between ALERT 360 and Customer only, without exception. A Dispute cannot be joined or consolidated with any other claim or action. Arbitration Proceedings. Because Customer’s Transaction with ALERT 360 involves interstate commerce, this Arbitration Agreement and any Dispute arbitrated hereunder shall be governed by the Federal Arbitration Act (“FAA”). The JAMS or AAA code of procedures, as chosen, will govern the arbitration, but if there is a conflict between the applicable code of procedures and this Arbitration Agreement, this Arbitration Agreement shall control to the fullest extent permitted by the FAA. Unless otherwise agreed to by the parties, the arbitration will be conducted by a single, neutral arbitrator at a location within the federal judicial district within which the Customer resides. Upon Customer’s request, ALERT 360 will reimburse Customer for all filing and administrative fees required for initiating the arbitration. Otherwise, each party is responsible for its own respective costs and fees, including, but not limited to, attorney and expert fees. The arbitrator shall apply applicable substantive law and, upon the request of either party, issue a written explanation of the basis for the decision. Judgment on the arbitration award may be entered in any court having proper jurisdiction. EXCEPT AS FOLLOWS, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. A party may appeal the arbitrator’s initial award to a three-arbitrator panel administered by the same arbitration organization upon written notice within 30 days of the initial award. The arbitration organization will notify the other party of the appeal. The panel shall consider any aspect of the initial award objected to by the appealing party and issue a decision within 120 days of the date of the notice of appeal. The majority decision by the three-member panel shall be binding and final. Any dispute regarding the applicability, enforcement or interpretation of this Paragraph or Section A above shall be resolved by a court having proper jurisdiction. The Arbitration Agreement will not prevent Customer from bringing a Dispute to the attention of any federal, state or local government agency. This Arbitration Agreement shall survive termination of this ORDER.
16. INFORMATION AND PRIVACY. Customer understands and agrees that in conjunction with employee training, quality control and the provision of services, ALERT 360 may monitor and/or electronically record video and audio related to monitored activity at Customer’s Monitored Location, as well as conversations with Customer, emergency services providers, and law enforcement personnel. Further, Customer understands that privacy cannot be guaranteed on telephone, cable and computer systems, and ALERT 360 shall not be liable to Customer for any claims, loss, damages or costs which may result from a lack of privacy experienced. Customer consent to ALERT 360 (i) using information about Customer and Customer’s location (collectively, “information”) to administer Services, offer Customer new products or services, enforce the terms of this ORDER, prevent fraud and respond to regulatory and legal requirements, (ii) provide information, including information contained on Customer’s emergency information to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) using and sharing aggregate customer information and statistics that do not include information that identifies Customer personally. Except as required to provide the Services that Customer has selected, ALERT 360 will not otherwise monitor Customer’s Monitored Location. Please refer to ALERT 360’s Privacy Policy on ALERT 360’s website for further details on the use of Customer’s personal information.
17. SECURITY INTEREST. Customer authorizes ALERT 360 to file a Uniform Commercial Code (“UCC”) financing statement naming Customer as debtor/lessee with respect to the System in order to protect ALERT 360’s interest in the System. The lease created by this ORDER is intended as a “Finance Lease” as that term is defined in Article 2A of the UCC. ALERT 360 is entitled to all benefits, privileged and protections of a lessor under a Finance Lease and Customer irrevocably waives any right of notice thereof. Customer waive its rights as a lessee under UCC 2A Sections 509-522. If the lease is determined not to be a true lease, Customer grants ALERT 360 a security interest in the System.
18. DISCLAIMER OF WARRANTIES. Except as set forth in this ORDER, ALERT 360 makes no express warranties as to any matter whatsoever, including but not limited to, unless prohibited by law, the condition of the System, its merchantability, or its fitness for any particular purpose, and ALERT 360 shall not be liable for consequential, special or incidental damages. ALERT 360 does not represent nor warrant that the System may not be compromised or circumvented, or that the System will prevent any loss by burglary, hold-up, fire or otherwise or that the System will in all cases provide the protection for which it is installed. ALERT 360 expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose.
19. PERSONAL GUARANTY. The undersigned Guarantor(s) irrevocably and unconditionally, jointly and severally, guarantees to ALERT 360 and its successors and assigns, the payments when due of all amounts owed under this ORDER and the performance by Customer of all terms of this ORDER and any other transaction between Customer and ALERT 360 (collectively, “Liabilities”). If Customer shall fail to pay or perform any Liabilities when due, Guarantors shall, upon demand, pay any amounts which may be due from Customer and take any action required of Customer under this ORDER. This is an absolute and continuing guaranty and Guarantors’ liability under this Guaranty is primary and will not be affected by any settlement, extension, renewal or modification of this ORDER or any discharge or release of Customer’s obligations, whether by agreement or operation of law.
20. REPAIR SERVICE. During this ORDER, ALERT 360 shall provide repair service providing all necessary labor, material, parts and equipment to service the System due to ordinary wear and tear only. Repair service may include the use of new, reconditioned, or remanufactured parts and assemblies. Repair service shall be performed between 9am and 5pm Monday-Friday, within reasonable time after receiving notice from Customer that service is requested, exclusive of Saturdays, Sundays and legal holidays. Emergency service is available at all other times at ALERT 360’s then premium labor rates plus a trip charge. ALERT 360 is not responsible for loss, damage, or injury while the System is under repair or is awaiting parts. Any repair, service, replacement, or additional services or equipment provided by ALERT 360 after the initial installation or programming of the System, whether covered by the Repair Service, or otherwise, is governed by this ORDER, in particular the indemnity, limitation of liability, waiver of subrogation, insurance, shortened statute of limitations, and exculpatory clause, which limit ALERT 360’S and its subcontractors’ liability.
21. EXCULPATORY CLAUSE: ALERT 360 and Customer agree that ALERT 360 is not an insurer, and no insurance coverage is offered herein. The System and ALERT 360’S services are designed to detect and reduce certain risks of loss, though ALERT 360 does not guarantee that no loss or damage will occur. This ORDER is not an insurance policy or a substitute for an insurance policy. Customer must obtain all property, life, health, disability, business interruption, or other necessary insurance. The payments required are based solely upon the value of the System or Services, and not on the value of Customer’s real or personal property or data, or the property of others located in or on Customer’s Monitored Location. ALERT 360 is not assuming liability, and, therefore, shall not be liable to Customer or any other third party for any loss, economic or non-economic, in contract or tort, its active or passive negligence, data corruption or inability to retrieve data, personal injury or property damage sustained by Customer as a result of equipment failure, the contracting or transmission of, or exposure to a virus, bacteria, or other infectious disease, human error, burglary, theft, hold-up, fire, smoke, water or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by ALERT 360’S breach of contract, negligent performance to any degree in furtherance of this ORDER and whether active or passive, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this ORDER or any other legal duty.
22. FORCE MAJEURE: Neither party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalization, governmental sanction, blockage, embargo, labor dispute, strike, epidemic, pandemic, lockout or interruption or failure of electricity or telephone service.
23. INSURANCE / ALLOCATION OF RISK: Customer shall maintain a liability insurance policy appropriate for its Monitored Location for liability, casualty, fire, theft, and property damage and which shall cover any loss or damage ALERT 360’s services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Customer assume all potential risk and damage that may arise by reason of failure of the equipment, System or ALERT 360’s services and that Customer will look to its own insurance carrier for any loss or assume the risk of loss. ALERT 360 shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Customer from insurance covering such loss or damage or for such loss or damage against which Customer is indemnified or insured. Customer and all those claiming rights under Customer waive all rights against ALERT 360 and its subcontractors for loss or damages caused by perils intended to be detected by ALERT 360’s services or covered by insurance to be obtained by Customer, except such rights as Customer or others may have to the proceeds of insurance. Customer understands that ALERT 360’s services are not intended to provide and should not be substituted for providing fire detection or prevention, personal protection and/or safety to any persons on Customer’s property.
24. TCPA CONSENT & PRIVACY: Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from ALERT 360, agents of ALERT 360, representatives, affiliates, or anyone calling on ALERT 360’s behalf, Customer expressly consents to be contacted by ALERT 360, agents of ALERT 360, representatives, affiliates, or anyone calling on ALERT 360’s behalf for any and all purposes arising out of or relating to Customer’s account, at any telephone number, or physical or electronic address Customer provides or at which Customer may be reached. Customer agrees ALERT 360 may contact Customer in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by Customer or someone else. In the event that an agent or representative calls, he or she may also leave a message on Customer’s answering machine, voice mail, or send one via text. Customer consents to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) Customer has provided to ALERT 360, or numbers ALERT 360 can reasonably associate with Customer’s account (through skip trace, caller ID capture or other means), with information or questions about Customer’s application or account. Customer certifies, warrants and represents that the telephone numbers that Customer has provided to ALERT 360 are Customer’s contact numbers. Customer represents that Customer is permitted to receive calls at each of the telephone numbers Customer has provided to ALERT 360. Customer agrees to promptly alert ALERT 360 whenever Customer stops using a particular telephone number. Customer’s cellular or mobile telephone provider will charge Customer according to the type of plan Customer carries. Customer also agrees that ALERT 360 may contact Customer by e-mail, using any email address Customer has provided to ALERT 360 or that Customer provides to ALERT 360 in the future. ALERT 360 may listen to and/or record phone calls between Customer and ALERT 360 representatives without notice to Customer as permitted by applicable law. For example, ALERT 360 listens to and records calls for quality monitoring purposes.
25. ENTIRE AGREEMENT: The entire and only agreement between the Customer and ALERT 360 is written in this ORDER. It replaces any earlier oral or written understandings or agreements. It may only be changed by a written agreement signed by Customer and ALERT 360. IT MAY NOT BE CHANGED BY ANY ORAL STATEMENTS OR REPRESENTATIONS MADE BY THE CONSULTANT. If Customer has given or ever give ALERT 360 a purchase order for the System or Service which provides for different terms than this ORDER, this ORDER will govern and be controlling. If any provision of this ORDER is found to be invalid or illegal by a court, the balance of the ORDER shall remain in force. Customer agrees that a copy of this ORDER and the signatures affixed hereto transmitted and delivered by facsimile, or electronic mail shall be deemed to be originals for all purposes. Customer agrees that ALERT 360 may save and store all contracts and other documents executed by Customer in an electronic media and all such contracts and other documents shall be deemed to be, and may be used by ALERT 360 as, originals and shall be given the same force and effect as the paper-form originals.
26. STATE LICENSES.
AL: 000484; AR: CMPY.0000903; AZ: BTR18836, ROC158604; CA: ACO 7995; CSLB C-7 #1108971; DC: 602523000003; DE: 22-230; FL: EF20001895; GA: LVA206013, LVU406523; IL: 127.001414; LA: F2666; MD: 22PLU-SS17514; MI: 3601205145; NC: SP.FA/LV.27185 & 1958-CSA; NJ: Burglar Alarm License #34BA00124100, Fire Alarm License #34FA00100100, Burglar and Fire Alarm Business License #34BF00068600; NM: 412639; NV: NV20222640381; NY: NYS Department of State #12000362611; OH: 53.89.1986; OK: 0002; PA: 174892; SC: BAC.13940 & FAC.13843; TN: C-2370; TX: ACR-1751187, B04166401; VA: 11-20047; WA: 604-891-476, ALERT3*781NZ; WV: WV051098
Additional statutory protections may apply to Buyer [sometimes referred to as Subscriber] depending on the State in which Buyer is located. Please review your state’s additional statutory protections below:
Alabama: LIMITING THE STATUTORY LIMITATION PERIOD in paragraph 14 is not applicable in Alabama
Arizona: DO NOT SIGN ORDER IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK. YOU ARE ENTITLED TO A COPY OF ORDER AT THE TIME YOU SIGN IT. YOU MAY PAY OFF THE FULL UNPAID BALANCE DUE UNDER ORDER AT ANY TIME, AND IN SO DOING YOU SHALL BE ENTITLED TO A FULL REBATE OF THE UNEARNED FINANCE AND INSURANCE CHARGES. IT SHALL NOT BE LEGAL FOR ALERT 360 TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER ORDER. [This provision required in Arizona.]
Colorado: UNDER COLORADO LAW, SUPPLIERS, SUBCONTRACTORS, OR OTHER PERSONS FURNISHING LABORERS OR PROVIDING LABOR OR MATERIALS FOR WORK ON YOUR RESIDENTIAL PROPERTY MAY HAVE A RIGHT TO COLLECT THEIR MONEY FROM YOU BY FILING A LIEN AGAINST YOUR PROPERTY. A LIEN CAN BE FILED AGAINST YOUR RESIDENCE WHEN A SUPPLIER, SUBCONTRACTOR, OR OTHER PERSON IS NOT PAID BY YOUR CONTRACTOR FOR SUCH LABORERS, LABOR, OR MATERIALS. HOWEVER, IN ACCORDANCE WITH THE COLORADO GENERAL MECHANICS’ LIEN LAW, SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES, YOU HAVE AN AFFIRMATIVE DEFENSE IN ANY ACTION TO ENFORCE A LIEN IF YOU OR SOME PERSON ACTING ON YOUR BEHALF HAS PAID YOUR CONTRACTOR AND SATISFIED YOUR LEGAL OBLIGATIONS. YOU MAY ALSO WANT TO DISCUSS WITH YOUR CONTRACTOR, YOUR ATTORNEY, OR YOUR LENDER POSSIBLE PRECAUTIONS, INCLUDING THE USE OF LIEN WAIVERS OR REQUIRING THAT EVERY CHECK ISSUED BY YOU OR ON YOUR BEHALF IS MADE PAYABLE TO THE CONTRACTOR, THE SUBCONTRACTOR, AND THE SUPPLIER FOR AVOIDING DOUBLE PAYMENTS IF YOUR PROPERTY DOES NOT SATISFY THE REQUIREMENTS OF SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES. YOU SHOULD TAKE WHATEVER STEPS NECESSARY TO PROTECT YOUR PROPERTY.
Connecticut: See paragraph 14: LEGAL ACTION: Attorney’s Fees: Subscriber shall pay ALERT 360’s legal fees in an amount equal to 15% of the judgment. See paragraph 14: LEGAL ACTION: LIQUIDATED DAMAGES: Buyer must acknowledge that this contract contains a liquidated damages provision.
Florida: FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND: PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CONSTRUCTION INDUSTRY LICENSING BOARD, 2601 BLAIR STONE ROAD, TALLAHASSEE, FLORIDA 32399-1039, (850) 487-1395.Subscriber acknowledges that ALERT 360 has provided it with sufficient notice of its potential; right to file a claim with the Florida Homeowners’ Construction Recovery Fund as required by § 489.1425, Fla. Stat. (2012).FOR FLORIDA RESIDENTS, YOU MAY ALSO CANCEL THIS CONTRACT IF UPON A DOCTOR’S ORDER YOU CANNOT PHYSICALLY RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER, ALERT 360, MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRO RATA PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED.
Georgia: See paragraph 14: LEGAL ACTION: ATTORNEYS FEES: Subscriber shall pay ALERT 360’s legal fees in an amount equal to 15% of the judgment.
See paragraph 14: LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law. This contract does not waive trial by jury in Georgia. NOTICE TO BUYER: DO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE PAPER YOU SIGN. YOU HAVE THE RIGHT TO PAY IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE TIME PRICE DIFFERENTIAL. BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION. [This provision required in Georgia.]
Hawaii: See paragraph 1: CONTRACT PRICE AND OTHER CHARGES: Obligations of the provider under this service contract are backed by the full faith and credit of the provider. SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF ORDER AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION. SUBSCRIBER FURTHER ACKNOWLEDGES THAT ALERT 360 HAS PROVIDED ALL REQUIRED DISCLOSURES PURSUANT TO HAWAII ADMINISTRATIVE RULE §16-77-79.
Idaho: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Idaho.
Kansas: See paragraph 14 and 15: LEGAL ACTION: ARBITRATION is prohibited in tort actions.
Maine: THIS CONTRACT LIMITS CERTAIN RIGHTS. THIS CONTRACT LIMITS CERTAIN WARRANTIES AND LIMITS ANY REMEDY PROVIDED BY LAW, INCLUDING THE MEASURES OF DAMAGES AVAILABLE, FOR A BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR MORE INFORMATION, PLEASE SEE PARAGRAPHS 10, 12, 13, 14, 15 and 21. See paragraph 1: PURCHASE AND OTHER CHARGES: Obligations of the provider under this service contract are backed by the full faith and credit of the provider and are not guaranteed under a service contract reimbursement insurance policy.
Maryland: See Paragraph 10: ALERT 360’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: NOTICE FOR HOMEOWNERS: The telephone number of the Maryland Home Improvement Commission (“Commission”) is 1-888-218-5925 (toll free) or 410-230-6309 (Baltimore area), and their website is www.dllr.state.md.us/license/mhic.Each contractor and subcontractor must be licensed by the Commission, and anyone may ask the Commission about a contractor or subcontractor. Formal mediation of disputes between homeowners and contractors is available through the Commission. The Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors. A homeowner may request that a contractor purchase a performance bond for additional protection against losses not covered by the Guaranty fund.
Massachusetts: See paragraph 1: CONTRACT PRICE AND OTHER CHARGES: Obligations of the provider under this service contract are backed by the full faith and credit of the provider.
Michigan: See paragraph 13: WAIVER OF SUBROGATION RIGHTS: This shall not apply to causes of action for gross negligence.
Minnesota: See paragraph 13: WAIVER OF SUBROGATION RIGHTS: This shall not apply to causes of action based upon willful and wanton negligence.
Mississippi: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITATION IS PROHIBITED.
Montana: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Montana.
Nevada: RESIDENTIAL CONSTRUCTION RECOVERY FUND: Pursuant to NRS 624.520, payment may be available from the Recovery Fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the State Contractors’ Board at the following locations: State Contractors’ Board, 9670 Gateway Drive, Suite 100, Reno, Nevada 89521, Telephone Number: (775) 688-1141 or State Contractors’ Board, 2310 Corporate Circle, Suite 200, Henderson, Nevada 89074, Telephone Number: (702) 486-1100.
New Jersey: See paragraph 14 and 15: LEGAL ACTION: WAIVING TRIAL BY JURY: AS A CONDITION OF ORDER, BUYER AGREES TO WAIVE BUYER’S RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING ALERT 360. BUYER UNDERSTANDS THAT BUYER IS WAIVING BUYER’S RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. BUYER UNDERSTANDS THAT BUYER HAS A RIGHT TO CONSULT WITH A PERSON OF SUBSCRIBER’S CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT. BUYER AGREES THAT INSTEAD OF SUING OR BEING SUED IN COURT, BUYER MAY SETTLE DISPUTES BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD. THIS CONTRACT LIMITS CERTAIN RIGHTS, INCLUDING, BUT NOT LIMITED TO YOUR RIGHT TO MAINTAIN A COURT ACTION, RIGHT TO TRIAL BY JURY, RIGHT TO INTERPOSE A COUNTERCLAIM, RIGHT TO PARTICIPATE AS CLASS ACTION PLAINTIFF, AND YOUR RIGHT TO COMMENCE A LAWSUIT WITHIN THE TIME PERMITTED BY NEW JERSEY STATE STATUTE. IT ALSO CONTAINS A LIMITATION OF LIABILITY PROVISION. FOR MORE INFORMATION, PLEASE SEE SECTION 10, 12, 13, 14, 15 and 21. FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NJ DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225. ALERT 360’s proof of general liability insurance (Declaration of Insurance) is attached hereto. Telephone number of insurance carrier is (1-800-382-2150) (Required in NJ). THIS CONTRACT MAY LIMIT CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. IT ALSO CONTAINS EXCULPATORY AND LIMITATION OF LIABILITY PROVISIONS. FOR MORE INFORMATION, PLEASE SEE SECTION 10, 12, 13, 14, 15, 21 and 23 [This provision required in NJ.
North Carolina: See paragraph 14: LEGAL ACTION: ALERT 360 shall provide notification to Buyer by verified personal service or certified mail at least 10 days prior to cessation of the service(s). This provision shall not apply to Buyer’s initiated action to terminate or upon Buyer’s relocation. See paragraph 14: LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law. This contract does not waive trial by jury in North Carolina. See paragraph 13: INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: ASSIGNMENTS: ALERT 360 MUST GIVE WRITTEN NOTICE TO SUBSCRIBER IDENTIFYING THE NEW PROVIDER’S NAME, ADDRESS AND TELEPHONE NUMBER.
North Dakota: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in North Dakota. ELECTRONIC CONTRACT REQUIREMENTS CLAUSE: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring ALERT 360 to provide, send or deliver information in writing to the Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically. DO NOT SIGN ORDER IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK. YOU ARE ENTITLED TO A COPY OF ORDER AT THE TIME YOU SIGN IT. YOU MAY PAY OFF THE FULL UNPAID BALANCE DUE UNDER ORDER AT ANY TIME, AND IN SO DOING YOU SHALL BE ENTITLED TO A FULL REBATE OF THE UNEARNED FINANCE AND INSURANCE CHARGES. IT SHALL NOT BE LEGAL FOR ALERT 360 TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER ORDER. [This provision required in North Dakota.]
Oklahoma: See page 1: TERM OF AGREEMENT: RENEWALS: Buyer must acknowledge that ORDER does NOT contain an early termination clause applicable to MILITARY PERSONNEL. See paragraph 14: LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law where the amount in controversy does not exceed One Thousand Five Hundred Dollars $1,500. This contract does not waive trial by jury in Oklahoma where the amount in controversy does not exceed One Thousand Five Hundred Dollars $1,500.
Oregon: ELECTRONIC CONTRACT REQUIREMENTS CLAUSE: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring ALERT 360 to provide, send or deliver information in writing to the Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically.
Rhode Island: NOTICE TO BUYER (1) DO NOT SIGN ORDER IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK. (2) YOU ARE ENTITLED TO A COPY OF ORDER AT THE TIME YOU SIGN IT. (3) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE DUE UNDER ORDER, AND IN SO DOING YOU MAY BE ENTITLED TO RECEIVE A PARTIAL REBATE OF THE FINANCE AND INSURANCE CHARGES. (4) ALERT 360 HAS NO RIGHT TO UNLAWFULLY ENTER YOUR PREMISES OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER ORDER. (5) YOU MAY CANCEL ORDER IF IT HAS NOT BEEN SIGNED AT THE MAIN OFFICE OR A BRANCH OFFICE OF ALERT 360, PROVIDED YOU NOTIFY ALERT 360 AT HIS OR HER MAIN OFFICE OR BRANCH OFFICE SHOWN IN THE AGREEMENT BY REGISTERED OR CERTIFIED MAIL, WHICH SHALL BE POSTED NOT LATER THAN MIDNIGHT OF THE THIRD CALENDAR DAY AFTER THE DAY ON WHICH THE BUYER SIGNS THE AGREEMENT, EXCLUDING SUNDAY AND ANY HOLIDAY ON WHICH REGULAR MAIL DELIVERIES ARE NOT MADE. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF BUYER’S RIGHTS.
South Carolina: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in South Carolina. See paragraph 14: LEGAL ACTION: ATTORNEY’S FEES can only be recoverable at 15% of the judgment.
Texas: TEXAS PROPERTY CODE NOTICE REQUIREMENT. This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from the performance of this contract. If you have a complaint concerning a construction defect arising from the performance of this contract and that defect has not been corrected through normal warranty service, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code.
Vermont: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Vermont.
Virginia: RULES AND REGULATIONS OF THE BOARD FOR CONTRACTORS: Should you have reason to believe that your contractor may not have complied with the rules and regulations of the Board for Contractors, you should notify the Department of Professional and Occupational Regulation by calling (804) 367-8504 or write to the following address: Department of Professional and Occupational Regulation, Compliance and Investigations Division, The Perimeter Center Suite 400, 9960 Maryland Drive, Richmond, Virginia 23233. CONTRACTOR TRANSACTION RECOVERY FUND: A person who has been awarded a judgment in a court of competent jurisdiction in the Commonwealth of Virginia against a licensed contractor may be eligible to file a claim. For more information contact the Contractor Transaction Recovery Fund at (804) 367-1559 or RecoveryFund@dpor.virginia.gov.If I completed a sales appointment with a Dealer representative in my home, I acknowledge receiving and reading. Legal Action /Liquidated damages (See VA Code 11-4.3) Therefore, in the event Subscriber defaults in any payment or charges to be paid to ALERT 360, unless Subscriber makes such past-due payment, together with any late-fees within ten (10) days of the date on which the unpaid installment was due, Subscriber shall be immediately liable for any unpaid installation and invoiced charges plus 80% of the balance of all payments for the entire term of ORDER as LIQUIDATED DAMAGES and ALERT 360 shall be permitted to terminate all its services, including but not limited to terminating monitoring service, under ORDER and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein.
NOTICE OF CANCELLATION
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
TERM OF AGREEMENT/AUTOMATIC RENEWAL DISCLOSURE/ CANCELLATION POLICY. THE INITIAL TERM OF ORDER SHALL REFERENCED ON ORDER AND SHALL AUTOMATICALLY RENEW MONTH-TO-MONTH UNDER THE SAME TERMS AND CONDITIONS UNLESS EITHER PARTY GIVES TO THE OTHER AT LEAST THIRTY (30) DAYS’ PRIOR WRITTEN NOTICE TO TERMINATE AT THE EXPIRATION OF ANY SUCH TERM. WRITTEN NOTICE TO TERMINATE MAY BE MAILED TO THE COMPANY AT: ALERT 360, 2448 E. 81st Street, Ste 4300, Tulsa, OK 74137. AFTER THE EXPIRATION OF THE INITIAL TERM, ALERT 360 SHALL BE PERMITTED FROM TIME-TO-TIME TO INCREASE ALL CHARGES UNDER ORDER BY AN AMOUNT NOT TO EXCEED NINE (9%) PERCENT EACH YEAR AND SUBSCRIBER AGREES TO PAY SUCH INCREASE. ALERT 360 MAY INVOICE SUBSCRIBER IN ADVANCE MONTHLY, QUARTERLY, SEMI-ANNUALLY, OR ANNUALLY AT ALERT 360’S SOLE DISCRETION. UNLESS OTHERWISE SPECIFIED HEREIN, ALL RECURRING CHARGES FOR SERVICES SHALL COMMENCE ON THE FIRST DAY OF THE MONTH NEXT SUCCEEDING THE DATE HEREOF, ALL PAYMENTS BEING DUE ON THE FIRST DAY OF THE MONTH.
SUBSCRIBER(S) HEREBY ACKNOWLEDGES THAT, AFTER THE EXPIRATION OF THE INITIAL TERM, ORDER SHALL AUTOMATICALLY RENEW FROM MONTH-TO-MONTH UNDER THE SAME TERMS AND CONDITIONS UNLESS EITHER PARTY GIVES TO THE OTHER AT LEAST THIRTY (30) DAYS’ PRIOR WRITTEN NOTICE TO TERMINATE AT THE EXPIRATION OF ANY SUCH TERM. WRITTEN NOTICE TO TERMINATE MAY BE MAILED TO THE COMPANY AT: ALERT 360, 2448 E. 81st Street, Ste 4300, Tulsa, OK 74137.
Washington D.C.: BUYER ACKNOWLEDGES THAT D.C. CODE § 7-2806 AND OTHER LAWS ARE APPLICABLE TO THE USE OF ALARMS IN THE DISTRICT OF COLUMBIA, THAT ALERT 360 PROVIDED ORAL AND WRITTEN INSTRUCTIONS ON THE PROPER CARE AND USE OF THE SYSTEM AND PROVIDED WRITTEN WARRANTIES FROM MANUFACTURERS OF INSTALLED EQUIPMENT.
Washington, City of Seattle: Repair Service is included for the first year after installation, which includes one annual inspection upon request from Subscriber. Thereafter, Subscriber may elect to (i) sign up for Repair Services for an additional monthly fee; or (ii) pay for pay service on a per call basis at Company’s then current service call fee plus a trip charge. Repair Service shall be performed between the hours of 9 a.m. and 5 p.m. Monday – Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. Emergency service is available at all other times at Alert 360’s then current premium labor rates plus a trip charge. Subscriber has been given oral and written instructions and demonstration on the Systems proper care and use. In the event that any part of the System becomes defective, ALERT 360 shall make all repairs and replacement of parts without costs to the Subscriber for a period of one year from the date of installation. [This provision required in Seattle, Washington.]
Wisconsin: See paragraph 14: LEGAL ACTION: LIMITING STATUTORY LIMITING PERIOD is prohibited by law in Wisconsin.
Puerto Rico: NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT BEFORE READING THE SAME OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT. UNDER THE PRESENT LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE BALANCE OWED UNDER THE CONTRACT. IN THOSE CASES, THE PRINCIPAL OWED AS OF THE DATE OF PAYMENT, PLUS ANY BALANCE TO COVER CHARGES OR INTEREST ACCRUED TO THAT DATE, SHALL BE CANCELLED. [This provision required in Puerto Rico.]
CAUTION — IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. READ ORDER CAREFULLY.
SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF ORDER AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION.