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HomeMy WebLinkAboutAdvanced Security Systems 2021-10-19 COU No. 1 Alarm License#ACO2883 Advanced Security Systems CA Contractors License4i527700 r Commercial Alarm Sale and (877)443-6366 Monitoring Services Agreement "Delivering Peace afMind" ❑1336 Fourth Street,Eureka,CA 95501 ❑ 1528 Nornccrest Drive,Crescent CH}_CA 95531 ❑5256 Acro Drive,Suite 1,Santa Rosa,CA 95401 (this is also our company's mailing address) (707)443-6366 (707)464-1975 (707)544-9200 This alarm sale and monitoring scn ices agreement("Agreement")is made on the date listed below, by and between Petrusha Enterprises, Inc..dba Advanced Security Systems.a California Corporation(hereinafter."Company,"''we.""us,"or"our'), and the customer(hereinafter,"Customer."or "you")identified in Section A below. Section A. Customer Information Section B. Services To Be Provided ❑New System ❑Re-sign ❑Transfer ❑Existing System ❑Upgrade []Renewal CENTRAL STATION NIONITORING SERVICES: (Check All That Apply) Customer Legal Name: GRACE HUDSON MUSEUM Monthly Fee Protected Premises Address: 431 SOUTH MAIN STREET ❑Burglary Alarm City,State,Zip: UKIAH CA 95482 QFire Alarm $31.50 Premises Phone: ❑Burglar/Fire Combination Customer Email Address: sstrader@cityofuk ah com []Temperature Alert Billing Address(if different): []Police EmergencylPaniclHoldup Billing City.State,Zip: ❑Open/Close E-Reporting—Weekly Customer Phone: [—]Mobile Application Access Billing Email: Auto test([]Daily or []Weekly) Other Authorized Contact []Other: SIGNAL TRANSMISSION METHOD Password: SAME ❑Cellular Alarm Communications Section D. Responsible Parties Telephone []Internet Alamo Communications 91 UPDATED LIST HAS BEEN ENTERED ❑Telephone Alarm Communications #2 ❑AES Alarm Communications #3 TOTAL NIONTHLY FEE: S $31 50 #4 hlan&6,Fee will be billed quarrtrly in advance NOTICE TO CUSTOMERS: a.) ALL OF THE TERMS ON THIS PAGE.UNDER THE TERMS AND CONDITIONS AND ON ALL ATTACHMENTS ARE PART OF THIS AGREEMENT, YOu ACKNOWLEDGE RECEIVING A COMPLETE COPY OF THIS AGREEMENT AND HAVING READ AND UNDERSTOOD ALL OF SUCH TERMS AND CONDITIONS. INCLUDING,WITHOUT LIMITATION,SECTIONS 5.13 li AND 16,W111CH LIb11TTHE WARRANTIES-LIABILITIES AND OBLIGATIONS OF THE CONIPANI-� b.) IHO\IE SOLICITATION SALES ONLYI:YOU,THE CUSTOMER,MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAV AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. CU51'OMER PETRUSHA ENTERPRISES,INC.Dba ADVANCED SECURITY SYS—kFM.S.a PRINT YOUR NAME; .h U E - �G 1 A LV W Cahforma corporation BY. BY ((Agent Signature) (Customer Signature) Q— 'a ` Salesperson Name&Atom Re e H DATE Authorized Rep.Approval Signature: THIS AGREEMENT WILL NOT BE BINDING UPON THE COMPANY UNTIL EITHER(])SIGNED BY ONE OF OUR MANAGERS OR(2)WE START MONITORING SERVICE IN THE EVENT OF OUR NON-APPROVAL,OUR ONLY LIABILITY SHALL BE TO REFUND TO YOU ANY ADVANCED AMOUNT THAT YOU PAID TO US CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER MAY NOT RECEIVE A COPY OF THIS AGREEMENT SIGNED BY COMPANY'S MANAGER OR AUTHORIZED AGENT AND SUCH LACK OF RECEIPT SHALL NOT.IN ANY WAY.INVALIDATE OR OTHERWISE AFFECT THIS AGREEMENT (CUSTOMER COPY1 Alarm Services AgreementV6,6.2g16 Alarm System Information Approximate Installation Starting Date: Approximate Installation Completion Date: Panel/Transformer Information Panel Location <select> <$sleet> Is a local power source available? []Yes []No Note If alarm communications by phone line,enter panel phone# Keypad Control Center Information Keypad User Codes: Number of Keypads? Locations: Mobile Application FlYes FlNo Email address: sstradenOdlyoruWan.com Special Dispatching Instructions: Zone Information Description Type Description Type <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> CUSTOMER COPY) Alarm services Agreement V6.6.2018 Additional Hardware Zone Ex anders,Wireless Repeaters,Ke fobs,etc. Quantity Description Notes: Section C. Equipment Installed: Security System Equipment will be installed❑Per the Equipment Listed Below Qty Equipment Price Each Cost <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> <select> "RENEWAL OF(3)YEAR AGREEMENT" Total Installation Charge Before Sales Tax $ 0.00 Sales Tax on Materials* S 0,00 Total S 0.00 *Saks tax rr ill be applied to materials according to the car-rent rare for the Installation locarion Amount does not include permits,fees,bond,cable or conduit rf required [CUSTOMER COPY] Alarm Services AgreementV6.6.208 NOTICE OF CANCELLATION You may cancel this Agreement, without any penalty or obligation, within three (3) business days from the date of transaction on page one of this Agreement. If you cancel, any property traded in, any payments made by you under the contract sale or any negotiable instrument executed by you, will be returned within 10 days following receipt by the Seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the Seller at your residence, in substantially as good condition as when received,any goods delivered to you under this Agreement, or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of goods at the Seller's expense and risk. If you do make the goods available to the Seller and the Seller does not pick them up within 20 days of the date of your notice of cancellation,you may retain or dispose of the goods without any further obligation. If you fail to snake the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under this Agreement. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE, TO Advanced Security Systems,at 1336 Fourth Street, Eureka, CA 95501 NO LATER THAN MIDNIGHT OF THE THIRD DAY FOLLOWING THE DATE OF TRANSACTION. NOTICE OF AUTOMATIC RENEWAL YOU ACKNOWLEDGE THAT THIS AGREEMENT INCLUDES AN AUTOMATIC RENEWAL PROVISION UNDER SECTION ONE (C) OF THE TERMS AND CONDITIONS. THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE YEAR TERMS UNLESS YOU SEND US A WRITTEN NOTICE TO CANCEL THIS AGREEMENT AT LEAST THIRTY (30) DAYS BEFORE THE END OF THE THEN-CURRENT TERM. YOU UNDERSTAND THAT FAILURE TO GIVE SUCH CANCELLATION NOTICE WILL RESULT IN THE AUTOMATIC RENEWAL OF THIS AGREEMENT. 1 hereby acknowledge receipt of two copies of the Notice Dated: W- \`t 2L l of Cancellation and Notice of Automatic Renewal at time of sale. <4 Cust is Signa Countersign Below to Cancel this Agreement I hereby cancel this transaction. Dated- Customer's Name Printed Customer's Signature ICUSTOMER COPYI TERMS AND CONDITIONS 1, PRICE: PAYMENT AND TERM: a.) Sales Price: For the sale and installation of the equipment that you have selected(hereinafter,the'System')you will pay us the amount set forth in Section C. Starting the installation of wiring and/or delivery of equipment to your premises(`Premises")will constitute substantial commencement of the work to be performed.Fora residential System,a failure by us without legal excuse to substantially commence work within twenty(20)days from the approximate installation starting dale is a violation of the California Alarm Company Act.Upon completion of the installation,we will thoroughly instruct you in the proper use of the System. We will not start to monitor the System until the sales price is paid in full. We will retain title to the System until the complete sales price is paid. If you fail to make any payment when due,we may discontinue installation,monitoring or other services,terminate this Agreement and recover all damages to which we are entitled,Including the value of the work performed and loss of profits. In addition,we may impose a late charge on all payments more than ten(10)days past due in the amount equal to ten percent(100%)of the payment amount due or in the maximum amount permitted by applicable law whichever is less. We may File a mechanics lien pursua1 to California law if you fail to pay the entire sales price. b.) Monthly Service Fee. For the monitoring services that you have selected in Section B,unless otherwise provided in this Agreement,you will pay us a monthly fee amount (the"Monthly Fee")indicated in Section B for the initial three(3)year term and for any renewal term,payable in accordance w Ih the terms that you selected in Section B You will pay the pro rate Monthly Fee for the month in which monitoring services start. The first payment for monitoring services is due when we complete the installation of the System. The total sum shown in Section B is the total cash price for your selected monitoring services. There is no financing charge or Cyst of credit(0%APR)associated with this Agreement c.)Term: For monitoring services,the original term of this Agreement starts on the day monitoring services begin and continues for three(3)years and will automatically renew annually thereafter unless cancelled by either of you or us in writing at least thirty(30)days before the end of the original term or any renewal term. d.) Increase in Monitoring Monthly Rate. You acknowledge that the Monthly Fee is based on federal state and local taxes and the Central Station's monitoring charges. We shall have the right,at any time to increase the Monthly Fee to reflect any additional or increased taxes,licenses,permits,fees or charges which may be charged to us by the Central Station(as defined below)or any utility or governmental agency relating to the installation of the System or the monitoring services and you agree to pay the same. In addition,we can increase the Monthly Fee for any renewal term by giving you thirty(30}days prior written notice. 2. ALARM PERMITS:The city or county in which you are located may require that you obtain a permit for the use and monitoring of your alarm System. Local authorities may not respond to alarm notifications until all permits or licenses for use of the alarm System have been obtained,and therefore Company may not begin monitoring.rridl you have obtained at your expense all necessary permits or licenses,and provide us with the license or permit number 3. RECEIPT OF COPY: You acknowledge that you have received a copy of the completed Agreement,and the notice to owner form setting forth California s mechanics lien laws,and two (2)copies of the notice of cancellation form which you acknowledge has been orally explained to you,as applicable. 4. CREDIT VERIFICATION: In compliance w th the Fair Credit Reporting Act('FCRA"),you acknowledge that you are authorizing us to obtain a m.isumer credit report If we choose not to provide services to you based in whole or in part on any information conts'ned in the consumer credit report,appropriate notice under Section 615 cf the FCRA will be provided to you. The notice will include,among other lems,contact information of the consumer reporting agency that furnished the report and your rights under the FORA. 5. LIMITED WARRANTY a.) What is Covered: This limited warranty applies to the System,consisting of the alarm panel,remote devices,smoke detectors,carbon monoxide detectors, cameras and any other equipment sold to you by us intended to be used with and connected to the System. The System is warranted to be free from defects in material and workmanship for one(1)year after our completion of the installation.During this period your exclusive remedy is repair or replacement of the System or any component found to be defective,at our option and discretion we can use new or used parts of the same quality and retain all replaced parts.This warranty is valid only the first and original purchaser and is not valid for any subsequent purchaser. b.) Now to get Service: Call or write us at the address and telephone number at the top of this Agreement and tell us what is wrong with the System. We will provide service as soon as reasonably possible during our normal business hours,which are 5:00 am to 5:00 pm Monday through Friday,excluding holidays we observe. A responsible adult must beat the Premises at the time we visit Emergency repair service is available at other times for an additional charge at our then prevailing rates. c.) What is Not Included: Repair of the System is our only duty, This warranty does not include disposable items such as batteries. Any required or requested fire alarm tests and/or inspections are not part of repair service and shall be separately billed to you at our prevailing rates for such services. We make no other express warranty including any warranty of merchantability of the System or its fitness for any special purpose. All implied warranties are limited in duration to the term of this limited warranty. We do not warrant that the System will always detect,or help prevent,any burglary,fire,hold-up or other such event We do not warrant that the System cannot be defeated or compromised or that it will always operate. This warranty does not cover repairs that are needed because of an accident,acts of God,your failure to properly use the System,or If someone other than us attempts to repair or change the System,or any other reason except a defect In the equipment or our installation. We are not liable for consequential or incidental damages. You agree that this is our only warranty-and we have given you no other warranty for the System. d,) State_Law-, Some states do not allow the exclusion or the limitation of consequential or incidental damages,so the above limitations or exclusions may not apply to you. The warranty gives you specific legal rights and you may also have other rights,which may vary from stale to state, 6. INSTALLATION OF THE SYSTEM: You will permit uS 1D install the System during our normal business hours and you will give us un'nierrupted access to your Premises. You have approved the locations of where the control panel,audible devices and all protective devices will be installed. You will provide 110-volt ekeectncal service,including non-switched electrical outlets for the System s transformers and other electrical needs,and will make repairs la the Premises(such as fixing loose doors or broken windows)that we deem reasonably necessary to facilitate the installation and operation of the System. You will make arrangements for lifting and replacing carpeting,if required,for our installation of floor mats or wiring. We are not responsible if the installation is delayed because of bad weather,labor disputes,acts of God or other reasor s beyond our control. Our intent is to conceal wiring in the finished areas of your Premises. There may,however,be areas where we determine,in our sole discretion,that it is impractical lc conceal the wiring. In such areas,the wiring will be exposed. You have the affirmative duty to inform us,prior to beginning of installation,of every location at the Premises where we should not(because of concealed obstructions or hazards such as pipes,wires or asbestos)enter or drill holes. Unless notified,we will determine where to drill holes and place equipment. We Q take reasonable precautions to avoid concealed obstructions,but have no means of determining with certainly it they exist. Any costs incurred to repair pipes, wires or other obstructions,and any resulting damaged walls,ceiling,floors or furnishings shall be your sole expense and responsibility. If asbestos or other health hazardous material is encountered during installation,we will cease work until you have,at your sole expense,obtained clearance from a licensed asbestos removal or hazardous material contractor that continuation of work wtl not pose any danger to our personnel. In no case shall we be liable for discovery or exposure of hidden asbestos or other hazardous material. After we complete the System,you and our representative will inspect R. It something is missing or not property installed you will tell us within five(5)days,otherwise the System will have been accepted by you. 7. CHANGES TO THE SYSTEM: If you or any governmental agency or insurance interest wants us to change the System described herair,or change it after it is installed,you agree 10 pay our standard parts and labor charges for such changes. YOU AGREE THAT YOU HAVE CHOSEN THIS SYSTEM AND YOU UNDERSTAND THAT ADDITIONAL OR DIFFERENT PROTECTION IS AVAILABLE FOR A HIGHER PRICE. Alarm Services Agreement V6.6.2018 8. MONITORING SERVICE: We shall connect the System to our monitoring facility{"Central Station'). When an alarm signal from the System is received from your Premises,our Central Station will try to telephone the proper police or fife department or other emergency personnel and the first available person identified in Section D above{"Responsible Partly*);and when a non-emergency signal is received,the Central Station will attempt to contract you or the first available Responsible Party but will not notify emergency authorities. The Central Station reserves the right to verily all alarm signals by telephone or otherwise before notifying emergency personnel,and may choose not to notify emergency personnel it it has reason to believe that an emergency condition does not exist. if your police or fire department now or in the future require visual verification of an emergency condition before responding to a request for assistance,you agree to subscribe to such service if provided by us or otherwise comply with such requirements. We are not obligated to offer such verification services and may charge an additional fee for such service. 9. TRANSMISSION LINES: The System includes a communicator that sends signals or videos to the Central Station over your regular telephone service(landline),Internet service,cellular service. SMS or long-range radio.You acknowledge that you have been offered one or more of the following as a secondary/back-up means of System communication:radio,cellular,SMS,Internet and regular landline telephone service,in the event your primary Systems fails for any reason or is sabotaged. If you have opted to decline this additional level of protection,you understand that Company or Central Station has no control over and accepts no responsibifily for any transmission failures.You acknowledge and agree that without a secondary communication line,your service is fully dependent on your primary connection. Should that connection be lost for any reason,communication to the Central Station will also be lost until such connection is reestablished. a.)Standard Telephone Service.The communicator is connected to your standard landline telephone service.The System wit not work on standard cellular telephone service.You will pay for all telephone charges including any installation fee for a specialjack to connect the System to your telephone service.For Are alarm Systems two separate telephone lines dedicated to the System may be required.We recommend the use of an RJ31 X or equivalent telephone jack to give the System priority over other telephones on your Premises;however,when the System is activated,you will be unable to use your telephone to make other calls(such as calls to the 911 emergency operator),and therefore,you mayvrtsh to have the System connected to a telephone line not used for voice calls.You agree to reimburse us for any costs we may incur to reprogram the System's communication devices because of area code changes or other dialing pattern changes. b.)Cellular Transmission.If cellular is used as a primary or secondary transmission path,the communicator is connected to a cellular or radio network.The use of cellular or radio Systems may be controlled by the public utilities agency of your state,and the Federal Communications Commission and changes in rules,regulations and policies may necessitate our discontinuing or changing such transmission facilities at our option.Cellular or radio transmissions may be impaired or interrupted by atmospheric conditions,including electrical storms,power failures or other conditions and events beyond our control. c.)Internet Service.If the Internet is used as a primary orseoondary transmission path,the communicator is connected to the Internet.You will pay for all Internet provider charges including any installation fee for an Internet modem or similar device. In order for the System to transmit signals,it must have uninterrupted access to an Internet connection. You are required to maintain a high-speed/alwa"Internet connection at all times.We make no representations or warranties as to signal receipt or howfast a signal will be received at the Central Station, because signal receipt and transmission speed may be adversely affected by Internet traffic,power failures or other causes beyond our control.You further acknowledge that signals are transmitted over the Internet,which is wholly beyond our control and is maintained and serviced,solely by the applicable Internet service provider.YOU ACKNOWLEDGE THAT SIGNAL TRANSMISSION MAY BE INTERRUPTED BY IRREGULARITIES IN THAT SERVICE,POWER OUTAGES OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL,IN WHICH CASE THE CENTRAL STATION WILL NOT RECEIVE THE SIGNAL FROM THE SYSTEM. If the transmission facilities are connected to your internal IP network,you are solely responsible for providing us with the proper connection facilities and for testing the IP network after connection of the System's transmission equipment We strongly recommend that you implement uninterrupted power supply(UPS)at your Premises to ensure uninterrupted communication service. d.)Transmission Limitations.You agree to reimburse us for any costs we may incur to reprogram the communications device of the alarm System because of area code changes or other dialing pattern changes,of any other communication technology changes,such as 213 Or 36 sunselting and the like.The use of OSL,BPL,VoIP or other broadband or Intemet-based telephone service may prevent the System from transmitting alarm signals and video images to the Central Station,after it is installed or al any time in the future,and/or interfere with the telephone line-seizure feature of the System,Such services should be installed on a telephone number that is not used for alarm signal transmission.You agree to notify us if you have installed or intend to install DSL,VOIP,BPL or other broadband or Internet service.IMMEDIATELY AFTER THE INSTALLATION OF DSL,VoIP,BPL,OR OTHER BROADBAND OR INTERNET SERVICE YOU MUST TEST THE SYSTEMS SIGNAL TRANSMISSION WITH THE CENTRAL STATION. 10. FALSE ALARMS: You agree that you and others using the System,will use R carefully so as to avoid causing false alarms. False alarms can be caused by severe weather or other forces beyond our control. If we receive too many false alarms,that will constitute a breach of contract by you,and we may cancel monilortng service and seek to recover damages. If a false alarm fine or penalty is charged to you or us by any governmental agency,you will pay for the charge. If the System is a local burglar alarm,you authorize us to enter your Premises to turn off the audible device if we are requested or ordered to do so by governmental authorities,neighbors or anyone else,and you will pay our standard service call charge for each such visit. 11.CUSTOMER'S DUTIES:You will instruct all other persons who may use the System on its proper use. You will lest the System's protective devices and send test signals to the Central Station in accordance with our instructions at least weekly. if the System includes space or interior protection(e.g infrared,photo-beams,under carpet mats or other such delectors)you will turn off,control or remove all things such as air conditioning and heating Systems,and pets that might interfere with such devices when they are turned on. If a problem in the System occurs you will notify us. You Wil obtain and keep in effect all permits or licenses that may be required for the installation and operation of the System. You will complete and give to us information regarding your Responsible Party contacts which will include the name,telephone number and relationship of each person who we may contact in the event we believe there is an emergency at your Premises. You will notity us in writing of any changes in the persons or telephone numbers on your Responsible Party contact list. CARBON MONOXIDE DETECTORS AND SMOKE ALARMS SHOULD BE PERIODICALLY REPLACED IN ACCORDANCE WITH APPLICABLE FIRE CODE STANDARDS OR THE MANUFACTURER'S RECOMMENDATION(TYPICALLY 6 to 10 YEARS).You agree that we may disclose the information on your Responsible Party contact list to any governmental agency having jurisdiction over the use and operation of the System. IF THE SYSTEM INCLUDES ANY WIRELESS DEVICES,YOU WILL REPLACE THE BATTERIES AS NEEDED. 12, SUSPENSION OR CANCELLATION OF THIS AGREEMENT: You understand that we may stop or suspend monitoring and repair services and terminate[his Agreement if:(a)strikes,severe weather,earthquakes or other such events beyond our control affect the operation of our Central Station or so severely damage your Premises that continuing service would be impractical;(b)there is an interruption or unavailability of the telephone service between the System and our Central Station;(c)you do not pay the Monthly Fee due to us,after we have given you ten(10)days'notice that we are canceling service because of non-payment;(d)we are unable to provide service because of some action or ruling by any governmental authority;or(e)you become a debtor in a bankruptcy proceeding. If service is cancelled or(his Agreement is terminated for any reason,you authorize us to remotely disoonnecl your communicator from the Central Station and/or enter your Premises to disconnect your System from our monitoring equipment and remove our communications module and software and all of our sign and decals from your Premises. In the event you are not the owner of the Premises,you warrant that you have obtained the written consent of the owner for the installation and removal of the System.II service is suspended because you have failed to pay the Monthly Fees set forth herein,and you ask us to reactivate the System,you will pay,in advance.our then prevailing re-connection fee. YOU UNDERSTAND THAT THE ALARM SYSTEM MAY NOT WORK WITH EQUIPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTRAL STATIONS. 13.COMPANY IS NOT AN INSURER:LIQUIDATED DAMAGES:LIMITATION OF LIABILITY:You understand that:(a)we are not an Insurer of your Premises,property orthe personal safety of persons In your Premises;(b)you are solely responsible for providing any life,health or disability Insurance for yourself and persons who use the System,and Insurance on your Premises and its contents;(c)the amount you pay to us is based only on the value of the service we provide and not on the v alue of your Premises or its contents;(d)alarm Systems and monitoring service may not always operate properly for various reasons;(a)ft is difficult to determine In advance the value of the property that might be lost,stolen or destroyed If the System or our services fail to operate properly;(q It is difficult to determine in advance how fast the police or fire department or others would respond to an alarm signal;(g)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 failure to perform,our negligence,or a failure of the System or service. THEREFORE YOU AGREE: EVEN IF A COURT DECIDES THAT OUR BREACH OF THIS AGREEMENT,OR A FAILURE OF THE SYSTEM,OR OUR NEGLIGENCE,OR A FAILURE OF THE INSTALLATION,MONITORING OR REPAIR SERVICES CAUSED OR ALLOWED ANY HARM OR DAMAGE(WHETHER PROPERTY DAMAGE,PERSONAL INJURY OR DEATH)TO YOU OR ANYONE IN YOUR PREMISES, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE GREATER OF$1,000.00 OR THE ANNUAL MONTHLY FEE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY,AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY(INCLUDING WITHOUT LIMITATION,NEGLIGENCE,BREACH OF CONTRACT,BREACH OF WARRANTY OR PRODUCT LIABILITY)IS USED TO DETERMINE THAT WE WERE LIABLE FOR THE INJURY OR LOSS. YOU MAY OBTAIN A HIGHER LIMITATION OF LIABILITY, 9 you wish,you may obtain from us a higher limitation of liability as liquidated damages instead of the amount set forth above for an additional periodic charge.If you elect this option,we will attach a rider to this Agreement 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 we are an insurer. Alarm Service-Agreement V6.6.2018 14, THIRD PARTY INDEMNIFICATION AND 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)our breach of this Agreement,(it)a failure of the System of services,(ill)our negligence,(iv)any other improper or careless activity of ours In providing the System or services,or(v)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 attorney's fees and any other losses or costs that we may pay in connection with the harm or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or damages happens while one of our employees or subcontractors Is in or about your Premises,and such harm or damages is solely caused by that employee or subcontractor.Unless prohibited by your property insurance policy,you agree to release us from any claims of any parties suing through your authority or in your name,such as your insurance company,and you agree to defend us against any such claim. You will notify your insurance company of this release. 15. CLASS ACTION WATVERm LIMITATION ON LAWSUITS: You and Company agree that you and anyone succeeding to your rights may bring claims against Company only in your or their Individual capacity and not as a class action plaintiff or class action member In any purported class or representative proceeding. Both you and Company agree that no suit or action that relates In any way to this Agreement(whether based upon contract,negligence,orotherwise)shall be brought against the other more than one(1)year after the accrual of the cause of action therefrom unless prohibited by law,In which case the shortest length of time allowed by applicable law will apply.it is the express Intentol the parties that,if the applicable period for an item as construed by this Section is shorter than the statute of limitations that would otherwise have been applicable to such item,then,by contract,the applicable statute of limitations with respect to such item shall be reduced to the shortened survival period contemplated hereby. 16.INFORMATION AND PRIVACY;AUDIO MONITORING:YOU UNDERSTAND AND AGREE THAT IN CONJUNCTION WITH EMPLOYEE TRAINING,QUALITY CONTROL AND THE PROVISION OF SERVICES HEREUNDER,WE MAY MONITOR ANDIOR ELECTRONICALLY RECORD VIDEO AND AUDIO RELATED TO MONITORED ACTIVITY AT YOUR PREM ISES,AS WELL AS CONVERSATIONS WITH YOU,EMERGENCY SERVICES PROVIDERS,AND LAW ENFORCEMENT PERSONNEL, FURTHER,YOU UNDERSTAND THAT PRIVACY CANNOT BE GUARANTEED ON RADIO,TELEPHONE,CELLULAR AND COMPUTER SYSTEMS,AND WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS,LOSS,DAMAGES OR COSTS WHICH MAY RESULT FROM A LACK OF PRIVACY EXPERIENCED, YOU CONSENT TO US(I)USING INFORMATION ABOUT YOU AND YOUR PREMISES(COLLECTIVELY,'INFORMATION-)TO ADMINISTER SERVICES,OFFER NEW PRODUCTS OR SERVICES,ENFORCE THE TERMS OF THIS AGREEMENT,PREVENT FRAUD AND RESPOND TO REGULATORY AND LEGAL REQUIREMENTS,(II)PROVIDE INFORMATION TO LAW ENFORCEMENT PERSONNEL FOR THE PURPOSE OF PROVIDING SERVICES HEREUNDER OR IN RESPONSE TO A SUBPOENA OR OTHER SUCH LEGAL PROCESS,AND(Ill)USING AND SHARING AGGREGATE CUSTOMER INFORMATION AND STATISTICS THAT DO NOT INCLUDE INFORMATION THAT IDENTIFIES YOU PERSONALLY.EXCEPT AS REQUIRED TO PROVIDE THE SERVICES THAT YOU HAVE SELECTED,WE WILL NOT MONITOR YOUR LOCATION. YOU AGREE THAT WE MAY CONTACT YOU BY TELEPHONE,FACSIMILE,E-MAIL OR OTHER MEANS,WITH RESPECT TO THE SYSTEM AND SERVICES PROVIDED UNDER THIS AGREEMENT,AND NEW OFFERINGS OF SYSTEMS OR SERVICES WE MAY MAKE AVAILABLE IN THE FUTURE. YOU CAN OBTAIN COMPANY'S PRIVACY POLICY BY CONTACTING US AT(877)443-M OR ON OUR WEBSITE AT vmw.advancedsecurity.us.A System with audio capability may enable us to record,store and review oral communications from in and outside of the Premises,and such audio capability may require the prior consent of all parties to the oral communication.Customer agrees,authorizes and consents to our recording,storing and reviewing video images and oral communications transmitted to the Central Station from the System at the Premises.You are solely responsible tar,to the extent required by law,informing persons on your Premises that they may be monitored by audio and,to the extent required by law,obtain consent from all persons on your Premises to permit the recording,storing,and reviewing of oral communicafions. 17. SEVERABILITY: IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION,THE OTHER PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.ANY PROVISIONS OF THIS AGREEMENT HELD INVALID OR UNENFORCEABLE ONLY IN PART OR DEGREE WILL REMAIN IN FULL FORCE AND EFFECT TO THE EXTENT NOT HELD INVALID OR UNENFORCEABLE. 18. GOVERNING LAWIJUDICIAL REFERENCE: You agree that this Agreement is performed in the state of California and shall be governed by the laws of California.Any controversy,dispute,or claim between the parties arising out of or relating to this Agreement,(other than actions brought by Company in small claims court to collect amounts due under this Agreement)will be settled by a reference proceeding in the County of Humboldt,in accordance with the provisions of Section 63B,et seq.of the California Code of Civil Procedure,or their successor section,which shall constitute the exclusive remedy for the resolution of any controversy,dispute,or claim concerning(his Agreement,including whether such controversy,dispute,or claim is subject to the reference proceeding. The referee shall be appointed to sit as a temporary Judge with all of the powers of a temporary Judge authorized by law.In the event that the enabling legislation,which provides for the appointment of a referee is repealed and no successor statute is enacted,any dispute between the parties that would otherwise be determined by a reference procedure herein,will be resolved and determined by binding arbitration. That arbitration will be conducted by a retired Judge of(he Superior Court in accordance with Section 1280 to 1294.2 of the California Code of Civil Procedure,as amended from time to time.IF COMPANY PREVAILS IN ANY CLAIM RELATING TO THIS AGREEMENT BETWEEN THE PARTIES,YOU SHALL PAY COMPANY S LEGAL FEES,UNLESS OTHERWISE PROHIBITED BY CALIFORNIA LAW. 19.COMPANY'S OBLIGATION:You agree that Company's sole and only obligation under this Agreement shall be to provide the System and Monitoring Services that you selected above. Company has received:(i)a fully executed copy of this Agreement;and((i)your initial deposit,if any. In addition,Company shall not be obligated to provide any Monitoring Services until Company receives:(a) a valid test signal from your System;and(b)you have obtained at your expense all licenses and permits required by your local authorities to use the System and you have provided us with such license or permit number(s). 20. ASSIGNEES AND SUBCONTRACTORS: We may transfer or assign this Agreement to any other alarm company or financial institution. You may not transfer or assign this Agreement,whether by contract or by operation of law,to someone else including to any renter,purchaseror transferee in the event that you vacate the Premises,transfer ownership or sell all or substantially all the assets on the Premises;unless we approve such transfer or assignment in writing. Customer acknowledges and agrees that the vacating,sale,or any transfer of ownership of Customer's Premises will not relieve Customer of his,her or its duties and obligations under this Agreement.Customer agrees to disclose the existence.terms,conditions,and oblation of this Agreement to any transferee,of any kind.of Cuslomer's Premises. Any attemoied assignment or transfer of this Agreement in violation of this Sedan 20 shall be void.Customer agrees[hat Company may use subcontractors (including third-party monitoring facilities)to provide installation,repair or monitoring services,and this Agreement,and particularly Sections 13 and 14 shall apply to them and the work or services they provide,and protect them in the same manner as it applies to and protects us. 21. ENTIRE AGREEMENT: The entire and only agreement between you and Company is written in this Agreement, li replaces any earlier oral or written understandings or Agreements. It may only be changed by a written agreement signed by you(or if married,your spouse also)and us. IT MAY NOT BE CHANGED BY ANY ORAL STATEMENTS OR REPRESENTATIONS MADE BY OUR SALES REPRESENTATIVE. If you have given or ever give us a purchase order for the System or services which provides for different terms than this Agreement,this Agreement will govern and be controlling. If any provision of this Agreement is found to be invalid or illegal by a court,the balance of the Agreement shalt remain in force. You agree that we may save and store all contracts and other documents executed by you in an electronic media and all such contracts and other documents shall be deemed to be,and maybe used by us as originals and shall be given the same force and effect as the paper-form originals. 22.COUNTERPARTS:THIS AGREEMENT MAY BE SIGNED IN ANY NUMBER OF COUNTERPARTS.EACH EXECUTED AND DELIVERED COUNTERPART IS AN ORIGINAL DOCUMENT,AND COLLECTIVELY,ALL COUNTERPARTS FORM ONE SINGLE DOCUMENT.DELIVERY OF AN EXECUTED COUNTERPART OF A SIGNATURE PAGE TO THIS AGREEMENT BY FACSIMILE OR OTHER ELECTRONIC MEANS SHALL BE AS EFFECTIVE AS DELIVERY OF A MANUALLY EXECUTED COUNTERPART OF THIS AGREEMENT. THE EFFECTIVENESS OF ANY SUCH DOCUMENTS AND SIGNATURES SHALL,SUBJECT TO APPLICABLE LAWS,HAVE THE SAME FORCE AND EFFECT AS MANUALLY SIGNED ORIGINALS AND SHALL BE LEGALLY BINDING. SHOULD THE COMPANY ELECT TO PROVIDE THIS AGREEMENT OR ANY NOTICES OR OTHER COMMUNICATIONS ELECTRONICALLY,YOU AGREE TO USE ELECTRONIC SIGNATURES AND RECEIVE ELECTRONIC NOTICES OR OTHER COMMUNICATIONS FROM US AS PERMITTED BY LAW. YOU HAVE THE RIGHT TO OPT OUT OF THIS CONSENT,TO OBTAIN A PAPER COPY.PLEASE REQUEST ONE FROM OUR SALESPERSON OR CONTACT(877)-443.6366. 23.OUR LICENSES: ALARM COMPANY OPERATQRS ARE LICENSED AND REGULATED BY THE BUREAU OF SECURITY AND INVESTIGATIVE SERVICES DEPARTMENT OF CONSUMER AFFAIRS,SACRAMENTO,CALIFORNIA 95814.CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS'STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION.A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 1Q YEARS OF THE DATE OF THE ALLEGED VIOLATION,ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR.CONTRACTORS'STATE LICENSE BOARD P.O.BOX 26000, SACRAMENTO,CALIFORNIA 95826. Alarm Services Agreement V6.6.2018 NOTICE TO OWNER REGARDING MECHANIC'S LIENS Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property. A mechanics' lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics' liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20-day Preliminary Notice." This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.