THIS MONITORING SERVICE AGREEMENT (this “Agreement”) is entered into by and between Affinity Cellular,
Incorporated, a _____________________, (the “Company” “us” or “we”), and you as the subscriber (“Subscriber” or
“you”). This Agreement, which must be accepted to complete the activation process, contains terms of
Subscriber’s service, cancellation, returns, refunds and cancellation of service.
Subscriber has agreed to purchase a personal emergency response device (the “Device”) from the Company and
subscribe to Monitoring Service (as defined below) which will be provided by a third-party subcontractor call
center (the “Center”). The Company agrees to provide Monitoring Service for the Device in accordance with the
terms and conditions of this Agreement and as further described on our website at
https://www.affinitycellular.com. By activating the Device and sending a test signal to the Center, Subscriber
confirms that he / she has read this Agreement and accepts all of the terms and conditions contained herein.
This Agreement may be updated by Company at any time by posting an updated version to their website. IT IS THE
RESPONSIBILITY OF SUBSCRIBER TO MONITOR THE WEBSITE FOR ANY UPDATES. CONTINUED USE OF THE MONITORING SERVICE
AFTER ANY UPDATE SHALL SERVE AS ACCEPTANCE OF THE UPDATED AGREEMENT.
MONITORING SERVICE.During the term of this Agreement, the Center will provide seven (7) days per
week, twenty-four (24) hours per day monitoring of the Device (the “Monitoring Service”) in accordance with
the provisions set forth herein. The Monitoring Service will include receipt, analysis and response to alarm
signals and calls made by Subscriber through the Device. The Device is intended to be used only for personal
emergencies and the Center may notify appropriate authorities (i.e., police, fire department or other
emergency personnel) or approved individuals or both (collectively, the “Responders” and each a “Responder”)
if a signal is received from the Device and the Center verifies such signal. The Monitoring Service is
designed to track the Device, and, therefore, if (i) you provide the Device to another person or (ii) become
separated from the Device, the Monitoring Service will not be able to track your location. THE MONITORING
SERVICE WILL NOT BEGIN AND THE CENTER WILL HAVE NO OBLIGATION TO NOTIFY EMERGENCY PERSONNEL UNTIL A TEST
SIGNAL FROM THE DEVICE HAS BEEN SUCCESSFULLY RECEIVED BY THE CENTER AND YOU HAVE RECEIVED CONFIRMATION THAT
SUCH SIGNAL HAS BEEN RECEIVED.
The Device is connected to the Center’s monitoring network. When an emergency signal from the Device is
received by the Center, the Center shall, without warranty, make every reasonable effort to promptly
contact you and, if the Center determines that it is necessary in its reasonable judgment, notify the
appropriate Responders. You represent that the emergency contact information provided by you to the
Company is accurate. To avoid false alarms, the Center may first call your contact telephone number to
determine if an actual emergency exists before contacting any Responder. If the Center has reason to
believe that no actual emergency exists, the Center may choose not to place such call or notify any
Responder. You hereby agree that the Center may rely absolutely on the statements of Subscriber, the
Responders or any person acting on behalf of Subscriber or the Responder, with regards to responses to
the location and condition of Subscriber. We may discontinue any particular form of response if required
to do so by any governmental authority or insurance interest. You acknowledge and agree that all
monitoring software, computer codes and monitoring information remain our sole and exclusive property.
SUBSCRIBER AGREES THAT THE CENTER IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY THE APPROPRIATE
RESPONDERS AND IS NOT RESPONSIBLE FOR THE PROMPTNESS, SUFFICIENCY OR ADEQUACY OF THE ACTION OF ANY
RESPONDER OR ANY THIRD PARTY ACTING AS A RESPONDER. SUBSCRIBER ACKNOWLEDGES THAT IN NO WAY DOES THE
COMPANY REPRESENT OR GUARANTEE THAT THE RESPONDERS CAN BE CONTACTED, THAT THEY CAN OR WILL RESPOND, OR
THAT ANY RESPONSE WILL BE SAFE OR EFFECTIVE. SUBSCRIBER AGREES THAT THE RESPONDERS ARE NOT AGENTS OR
OTHER REPRESENTATIVES OF THE COMPANY AND ANY ACTION TAKEN BY THE RESPONDERS SHALL IN NO WAY BE IMPUTED
TO THE COMPANY. YOU UNDERSTAND THAT THE CENTER WILL NOT SEND ANY COMPANY OR CENTER PERSONNEL IN RESPONSE
TO ANY EMERGENCY SIGNAL.
YOU UNDERSTAND THAT CERTAIN LAWS, RULES, REGULATIONS AND ORDINANCES IMPOSED BY GOVERNMENTAL AUTHORITIES,
UTILITIES, BUSINESSES, HOMEOWNERS ASSOCIATIONS, AND/OR OTHER ENTITIES MAY AFFECT YOUR RIGHTS IN RELATION
TO THE INSTALLATION AND SERVICE OF THE SYSTEM. YOU AGREE TO OBTAIN AND MAINTAIN IN CURRENT STATUS ALL
LICENSES OR PERMITS OR OTHER AUTHORIZATIONS NECESSARY FOR THE INSTALLATION AND USE OF THE SYSTEM.
YOU UNDERSTAND THAT THE DEVICE WILL NOT WORK WITH EQUIPMENT USED BY OTHER COMPANIES OR MONITORING
CENTERS. YOU UNDERSTAND THAT THERE ARE ALTERNATIVES AVAILABLE TO YOU SUCH AS 911 EMERGENCY TELEPHONE
SERVICE AND YOU HAVE SELECTED THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE
LIMITATION OF OUR LIABILITY SET FORTH IN SECTIONS 19 and 21.
PAYMENT AND DISPUTES.For the Monitoring Service, you agree to pay the amount specified by the
Company at the time you purchased the Device beginning from the time the Device is shipped. The Monitoring
Service shall begin only when the test signal from the Device has been successfully received by the Center
(the “Effective Date”). The original term of this Agreement is the number of months originally selected by
the Subscriber and will renew for the same consecutive billing cycle thereafter unless changed or terminated
pursuant to the terms of this Agreement. If you have authorized charges to a credit card, no additional
notice or consent will be required before billings to that credit card. We are hereby authorized to charge
the provided credit card for any charges or expenses incurred pursuant to this Agreement, including late
charges. Payments of all charges, including disputed charges, must be received by the due date shown on the
invoice. Disputes of charges must be in writing and received no later than the due date to: Affinity
Cellular, 4245 Kemp Boulevard, Suite 220, Wichita Falls, TX 76308. We will make good-faith efforts to resolve disputes
You agree to pay all sales, service, property, use, regulatory, local and other taxes; any, police, fire
department, ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check
charges, or late charges, if applicable, whether imposed on you or us. We shall have the right, at any
time, to increase the services fee to reflect any additional or increased taxes, licenses, permits, fees
or charges which may be charged to us by a utility or governmental agency, the Center or any private
response agency relating to the Monitoring Service and you agree to pay the same. If you do not pay all
charges by the due date, unless prohibited by law, you shall pay us a minimum late fee of ten dollars
($10) per month of any balance due, payable for every month such amount remains unpaid; If your account
is sent to a collection agency due to an unpaid balance, unless prohibited by law, you may be assessed
up to an additional twenty-five dollar ($25) collection fee. Acceptance of late or partial payments
(even if marked "Paid in Full") will not waive our rights thereunder. We may assess up to a twenty-five
dollar ($25) fee for any check returned for insufficient funds or credit/debit card chargeback for a
transaction that you had authorized. In the event that it shall become necessary for us to undertake
collection or legal proceedings to collect payments due under this Agreement then you agree to pay us
our reasonable fees, including attorney’s fees, for such collection action except where prohibited by
CANCELLATION:UNLESS PROHIBITED OR RESTRICTED BY LAW, INITIALLY YOU MAY CANCEL THIS AGREEMENT AND
THE MONITORING SERVICE HEREUNDER AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE EFFECTIVE
DATE. IF CANCELLATION IS DESIRED, YOU MUST MAKE AVAILABLE TO THE COMPANY OR ITS AGENT, IN THE SAME CONDITION
AS IT WAS PROVIDED TO YOU AND AT YOUR EXPENSE, THE DEVICE AND ANY OTHER EQUIPMENT DELIVERED UNDER THIS
AGREEMENT. YOU WILL BE SUBJECT TO ANY RESTOCKING CHARGES AS WELL AS ANY ACTIVATION OR SHIPPING FEES INCURRED
BY COMPANY. THEREAFTER, YOU MAY CANCEL THE SERVICE AT ANY TIME HOWEVER YOUR SERVICE WILL CONTINUE THROUGH
THE END OF THE ORIGINAL OR RENEWAL TERM, AS APPROPRIATE, AND NO REFUNDS WILL BE PROVIDED. TO CANCEL THIS
AGREEMENT AND THE MONITORING SERVICE HEREUNDER, SUBSCRIBER MUST MAIL OR DELIVER A SIGNED AND DATED NOTICE OF
CANCELLATION TO THE COMPANY AT THE FOLLOWING ADDRESS: AFFINITY CELLULAR, LTD, 4245 KEMP BOULEVARD, SUITE 220, WICHITA FALLS, TX 76308; ATTENTION: CANCELLATION DEPARTMENT.
COVERAGE; GEOGRAPHIC LIMITATIONS.The ability of the Device to accurately track your location is
dependent upon the availability of the appropriate technology provided by a third party that is not
controlled by the Company including, but not limited to, GPS, cellular network or wireless internet coverage
depending upon your location and Device. The Device will function only in areas, locations and buildings
where such service is available. If such service is unavailable or unreliable, the Device may not accurately
reflect your location. In such event, the Center may be unable to receive your notification or to
communicate your location to a Responder, and a Responder may not be able to locate you. Devices
that use cellular telephone, radio or other similar services have an estimated range of up to 300 feet
from the Device. However, the construction of a home or building and other factors may reduce these
range limits for your particular Device. You can ensure that you are in range at any time by pressing
the button to test the system. Subscriber understands these range limitations and agrees to test the
Device as necessary to determine particular Device range. Cellular based Devices do not track
locations outside of the forty-eight contiguous United States; therefore, if Subscriber resides outside
of such geographic area or intends to use the Device outside of such geographic area, we recommend that
Subscriber contacts Company to determine the availability of any options.
FALSE ALARMS AND ABUSE OF SERVICE.You agree that you and others using the Device will use it
carefully so as to avoid causing false alarms. If we receive too many false alarms, that will constitute a
breach of contract by you, and we may cancel this Agreement and the Monitoring Service. If a false alarm
fine or penalty or a response fee is charged to us or you by any governmental agency or other person, you
will pay such charge. Subscriber further acknowledges and agrees that the Monitoring Service may be
suspended from time to time for excessive false alarms, improper signals and “problem accounts.”
SUBSCRIBER’S DUTIES. You shall:
- upon receipt of the device, review all instructions and other written materials and call the Company
with any questions or concerns;
- test the Device in accordance with the instructions provided;
- use the Device and the Monitoring Service in accordance with the terms and conditions of this
Agreement and the procedures and specifications provided by the Company and shall not use the Device
and the Monitoring Service for any other purposes;
- instruct all members of your household and other potential users on the proper use of the Device and
the Monitoring Service;
- provide us necessary Subscriber information and notify us in writing in advance of any changes in
phone number, address or the persons or telephone numbers on your emergency call list;
- not alter, modify or attempt repairs on the Device, except pursuant to the instructions of the
Company, the Center and/or our authorized service representatives;
- not allow any other person to use the Device unless such person is approved by the Company and the
Center and provides emergency contact information; and
- allow us, the Center and/or our authorized service representatives access to the Device in order to
inspect the Device, perform maintenance or repairs to the Device or remove the Device after
termination or expiration of this Agreement.
CONSENT TO DISTRIBUTION OF INFORMATION.You are providing us with certain information for the
and any other applicable legal requirements, we may provide the Center, the Responders and any other
necessary third parties, as determined by us in our reasonable discretion, with access to such information
provided by you in connection with this Agreement including, but not limited to, health information. You
hereby release us from all liability, which may arise out of our disclosure of such information to the
Center, the Responders and any other necessary third parties. You hereby acknowledge that all communications
between you, the Company and the Center may be recorded and you consent to such recording.
CONSENT TO CONTACT.The Company may use predictive or autodialing equipment, text messaging, and/or
prerecorded messages to your wireless phone number to contact you to advise you about the Monitoring Service
or other matters we believe may be of interest to you. When you sign up for Monitoring Service, you are
asked to OPT IN to receive these communications. You can cancel these communications at any time by texting
“STOP” to 2561 or call us at 1-855-699-5920. If you opt out of receiving text messages, after you send the
message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After you
opt out, you will no longer receive messages from us. If you want to join again, just sign up as you did the
first time and we will start sending communications to you again.
FORCED ENTRY.You agree and acknowledge that if any alarm signal is received by the Center and a
Responder is sent to the location of the Device, in the event that the Responder would need a key, code or
other means of accessing such location that is unavailable to such Responder, the Responder may be required
to forcibly enter or break into such location if the Responder determines that it is necessary in their sole
discretion. You understand that this may result in damage or physical injury to you or a third-party or to
property owned by you or a third-party. YOU HEREBY WAIVE ANY CLAIM AGAINST US OR ANY RESPONDER WHICH MAY
ARISE AS A RESULT OF SUCH BREAK-IN OR FORCED ENTRY, AND YOU HEREBY AGREE TO HOLD HARMLESS, INDEMNIFY AND
DEFEND US, THE CENTER, THE RESPONDER AND ANY OF OUR OR THEIR AUTHORIZED REPRESENTATIVES FOR ANY LOSSES
INCURRED BY US OR THEM IN CONNECTION WITH SUCH FORCED ENTRY. YOU
ACKNOWLEDGE THAT THIS PROVISION COULD REQUIRE YOU TO PAY SIGNIFICANT AMOUNTS IN THE EVENT THAT THE COMPANY,
THE CENTER, THE RESPONDER AND/OR ANY OF OUR OR THEIR AUTHORIZED REPRESENTATIVES IS REQUIRED TO PAY, OR
EQUIPMENT MAINTENANCE.You agree to notify us and the manufacturer if the Device malfunctions. We
may repair or replace, as determined in our sole discretion, the Device if it becomes damaged or is
defective during the period of any warranty offered to you at the time of purchase, unless (i) the Device
has previously been disassembled, repaired or modified by someone other than us or our authorized service
representative or (ii) the Device has been damaged as a result of the negligence or misconduct by any person
other than us or our authorized service representative. If the Device becomes damaged as a result of (i) or
(ii) above, you shall must pay fora new Device should you wish to continue Monitoring Services. The Company
makes no representation, promise, warranty, or guarantee that there will be no interruptions of service or
delay in performing repair or replacement of the Device.
WIRELESS AND TELEPHONE SERVICE; CONNECTION REQUIREMENTS.Wireless and telephone service, if
required, are subscriber’s responsibility. Subscriber acknowledges that, with the exception of any
cellular-based system, certain Devices plug into a standard telephone jack and communicate over standard
telephone lines using two-way voice communication, radio, or other similar services. The Device may not work
with VoIP Internet connections. Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power
and electrical outlets and receptacles, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary
by Company in its sole discretion.
CELLULAR SYSTEMS.Subscriber acknowledges and understands that the use of cellular-based and/or
mobile solutions for Device systems includes additional risks associated with the quality and reliability of
cellular signals, cellular service and GPS or other location services data. Cellular communications are
affected by a number of factors outside the control of Company and may be impaired or blocked by building
construction style, building materials, atmospheric conditions (i.e. weather), distance from transmitter to
receiver, surrounding terrain, battery life, signal strength, cellular network traffic, cellular tower
condition, carrier coverage and interference from other cellular devices. Subscriber understands and
acknowledges that cellular based solutions rely on third party services from wireless carriers that are not
controlled by Company or its representatives.
Subscriber must have adequate cellular coverage in the area where the Device is being used. Subscriber is
responsible to ensure the Device has adequate signal and power (or sufficient battery charge) to send
and receive a signal.
FALL ALERT.Subscriber may purchase a fall alert option. Subscriber understands that fall detection
technology does not detect 100% of falls, and that the Device must have sufficient battery charge signal
strength to transmit information. If able, Subscriber should always push their help button when they need
RESPONSE.You acknowledge that we make no representation or warranty as to the promptness of the
Center and that we have no control over the response time or capability of any Responder who may be notified
as a result of the Device being used. You further understand that the Center may fail to properly respond to
an emergency signal from the Device or that the Device may fail to operate properly. You further acknowledge
that the Center shall not be obligated to perform the Monitoring Service during any time when the Device is
TERMINATION, DEFAULT.If you materially breach this Agreement, including, without limitation, by
failing to make any payment when due, we may discontinue the Monitoring Service and terminate this
Agreement. If service is suspended because you have breached this Agreement, and you ask us to reactivate
the Device after you have cured such breach, you will pay, in advance, our then prevailing reconnection fee.
You authorize us to investigate your credit record, and to report your payment performance under this
Agreement to credit agencies and credit reporting services.
SUSPENSION OR CANCELLATION OF THIS AGREEMENT.You understand that we may stop or suspend the
Monitoring Service at any time for any or no reason upon ten (10) days’ notice to you. If we stop or suspend
Monitoring Service where you have not breached your obligations, we will refund any prepaid but unused
charges within sixty (60) days.
ASSIGNEES AND SUBCONTRACTORS.
- We may transfer or assign this Agreement without notifying you and without your consent. You may not
transfer this Agreement to someone else unless we approve the transfer in writing.
- We may use subcontractors (including the Center or any other independent monitoring center) to
provide the Monitoring Service, and this Agreement shall apply to them and the work they perform and
protect them in the same manner as it is applies to and protects us. You acknowledge and agree that
any subcontractor shall be considered an “independent contractor” and therefore not affiliated with
us in any way as a partner, joint venture, agent or employee.
CHANGES TO THE DEVICE.If you or any governmental agency or insurance interest requires us to change
the Device described herein, or change it after it is installed, you agree to pay our standard parts and
labor charges for such changes.
THE COMPANY IS NOT AN INSURER; WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY.
- You understand and agree that neither we nor the Center are an insurer of your premises, property or
your personal safety and that you are solely responsible for providing any life, health or
disability insurance and insurance on you and your premises and its contents. You understand and
agree that the amount you pay to us is based solely only on the value of the Monitoring Service we
provide and not on the value of you or your premises or its contents, it is difficult to determine
in advance the value of any personal injury or death or the property that might be lost, stolen or
destroyed if the Device or our service fails to operate properly and it is difficult to determine in
advance what portion, if any, of any property loss, personal injury or death would be proximately
caused by our or the Center’s failure to perform, our or the Center’s active or passive, sole, joint
or several negligence, or a failure of the Device or our or the Center’s service. You further
understand that the amounts being charged by us are not sufficient to guarantee that no loss will
occur and that we are not assuming responsibility for any losses which may occur even if due to our
negligent performance or failure to perform any obligation under this Agreement. Subscriber assumes
all risk of loss or damage to premises or the contents thereof, or personal injury or death. You
agree to look exclusively to your insurer to recover damages. You waive all subrogation and other
rights of recovery against us or the Center that any insurer or other person may have as a result of
paying any claim for loss or injury to any other person.
- YOU ACKNOWLEDGE THAT NEITHER WE, THE CENTER NOR ANY OF OUR SUPPLIERS OR SUBCONTRACTORS REPRESENT OR
WARRANT THAT THE DEVICE OR THE MONITORING SERVICE WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, OR
ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE DEVICE AND YOU OR OTHERS WHO USE THE DEVICE
DO NOT AND HAVE NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY THE COMPANY, THE CENTER OR
ANY OF OUR SUPPLIERS OR SUBCONTRACTORS TO THAT EFFECT. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES
OF ANY KIND RELATING TO THE DEVICE AND THE MONITORING SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES
WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE DEVICE AND THE MONITORING SERVICE,
INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY WITH
REGARD TO THE DEVICE AND/OR THE MONITORING SERVICE, THE MAXIMUM LIABILITY OF US, OUR THIRD-PARTY
VENDORS AND CENTER ARISING OUT OF THE PROVISION OF THE DEVICE OR THE MONITORING SERVICE OR BOTH,
WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE COST OF THE DEVICE
PAID TO THE COMPANY. SINCE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY
ARISE DUE TO A FAILURE OF THE DEVICE AND/OR THE MONITORING SERVICE, THIS SUM SHALL BE COMPLETE AND
EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS SUM IS
YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE IS CAUSED, EVEN IF
CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT
LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT. IN NO EVENT SHALL WE, OUR
THIRD-PARTY VENDORS OR CENTER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THIRD PARTY INDEMNIFICATION AND NO SUBROGATION.If anyone other than you asks us to pay for any harm
or damages (including property damage, personal injury or death) connected with or resulting from (i) the
Company’s breach of this Agreement or a failure of the Device and/or the Monitoring Service, (ii) our
negligence, gross negligence or failure to perform, (iii) any other improper or careless activity of ours in
providing the Device and/or the Monitoring Service or (iv) a claim for indemnification or contribution, you
will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the
amount of our reasonable attorneys’ fees and any other losses or costs that we may pay in connection with
the harm or damages. Unless prohibited by your property insurance policy or other insurance, you agree to
release us from any claims of any parties suing through your authority or in your name, such as your
insurance carriers, and you agree to defend us against any such claim. You will notify your insurance
carrier(s) of this release.
Disputes and Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using the Monitoring Service constitutes your
acceptance of this Arbitration provision. Please read it carefully as it provides that you and the Company
will waive any right to file a lawsuit in court or participate in a class action for matters within the
terms of the Arbitration provision.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE MONITORING SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION,
OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH
WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL
TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE
AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered
by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration
Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to
arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS
website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by
personal appearances, unless the arbitrator determines upon request by you or by us that an in-person
hearing is appropriate. Any in-person appearances will be held at a location which is reasonably
convenient to both parties with due consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, such determination should be made by
JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be
final and binding. The arbitrator will have authority to award temporary, interim, or permanent
injunctive relief or relief providing for specific performance of this Agreement, but only to the extent
necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered
by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues
to the attention of federal, state, or local agencies and, if the law allows, they can seek relief
against us for you.
All disputes, claims, actions or proceedings by or against the Company must be commenced within one (1)
year after the cause of action has accrued, without extension of time, or said dispute, claim, action or
proceeding is barred.
ENTIRE AGREEMENT. This Agreement, which must be accepted to complete the activation process,
constitutes the entire agreement and understanding between the Company and Subscriber concerning Monitoring
Services and supersede all prior discussions, agreements and representations, whether oral or written and
whether or not executed.
AMENDMENT AND WAIVER. This Agreement may not be amended except in a writing signed by us.
Amendments posted to the Company’s website will be deemed a writing signed by us. Any amendment to this
Agreement will take effect immediately upon being posted to the Company’s website and your continued use of
the Monitoring Service after an amendment is so posted constitutes your acceptance of and agreement to the
SEVERABILITY.In the event any one or more of the provisions of this Agreement is held to be
unenforceable under applicable law, such unenforceability shall not affect any other provision of this
Agreement and this Agreement shall be construed as if said unenforceable provision had not been contained
FORCE MAJEURE.Neither the Company nor the Subscriber shall be liable to the other for any failure
to perform any obligation under this Agreement which is due to an event beyond the control of such party
including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil
unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made
eventuality outside of our control, which causes the termination of an agreement or contract entered into,
nor which could have been reasonably foreseen. The party affected by such event shall forthwith inform the
other party of the same and shall use all reasonable endeavors to comply with this Agreement.
GOVERNING LAW. This Agreement and the respective rights and obligations of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflicts
of laws provisions.
ATTORNEYS FEES.In the event that it should become necessary for the Company to institute legal
proceedings against Subscriber to enforce any provision of this Agreement, Subscriber agrees to pay the
Company reasonable attorneys’ fees and costs, except where prohibited by law.
NO WAIVER. Any failure by us to enforce or exercise any provision of this Agreement or related
rights shall not constitute a waiver of that right or provision.