This User Agreement and Product Warranty (“Agreement”) governs your receipt of the Services from Scout Security, Inc., its subsidiaries and affiliates (collectively, “Company”, “we,” “us”). The “Services” means all services you receive from Company, including but not limited to services received through the website at scoutalarm.com, through mobile applications, or through other means. This Agreement also contains provisions that apply if you have ordered professional monitoring services.
IMPORTANT: YOUR USE OF THE PRODUCTS AND RECEIPT OF THE SERVICES IS GOVERNED BY AN ARBITRATION AGREEMENT THAT IS SET FORTH IN THE TOU (DEFINED BELOW) AND INCORPORATED BY REFERENCE HEREIN. MOREOVER, THE TOU CONTAINS A PROVISION WHEREBY YOU WAIVE YOUR RIGHT TO PURSUE ANY LEGAL ACTION AGAINST COMPANY IN THE FORM OF A CLASS ACTION LAWSUIT.
Acceptance of Terms
In the event that any of the terms, conditions, and notices contained herein conflict with other terms and guidelines contained within any particular provision of the Product Use Terms, then this Agreement shall control, unless any conflicting provision elsewhere expressly states that it will control.
Account, Password, and Security
Users who register for the Services may receive a password from Company, or may be asked to supply a password, to access certain materials related to the Services. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by Company or a third party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder and Company. In the creation of any account you agree that you will provide only true and correct information to us about yourself and that you will not create an account for or on behalf of anyone else and that you will not use any pretext or deception to create an account not in your own name or that would appear to be the account of another person. You agree that you will not use any pretext or deception to access or attempt to access the account of any other person.
Product Safety, Handling, Disposal, and Recycling
The Scout Product Safety and Information Guide (“Guide”) contains important instructions for using your Product. You agree to review the Guide in its entirety and to follow the instructions contained therein.
Grant of Rights in Software
The services may include the provision to you of a mobile app or other downloadable software (“Software”). Subject to your compliance with all the terms and conditions of this Agreement, Company hereby grants to you a limited, non-exclusive, revocable, non-transferrable, non-sublicenseable right and license to download and execute the Software, solely to enable your receipt of the Services, as provided in this Agreement. You agree that you will not (and will not allow any other party to) (i) decompile, disassemble, reverse assemble, or reverse engineer the Software or attempt to discover any source code or underlying ideas or algorithms of the Software, (ii) remove any product identification, copyright or other notices embedded within the Software, (iii) modify or create a derivative work of the Software, (iv) remove or export any Software from the United States in violation of applicable laws or regulations, (v) relicense, provide, lease or lend the Software to any third party, or use the Software for timesharing or service bureau purposes, (vi) copy the Software or any portion thereof except as provided herein, or (vii) disclose any performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software.
Terms applicable to Apple iOS users of the Software:
Company and you acknowledge that this Agreement is between you and Company only, and not with Apple Inc. (“Apple”), and that Apple has no responsibility for the Software or the content thereof.
The license granted to you in the Software is limited to a non-transferable license to use the Software on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service except that such Software may be accessed and used by your other accounts via Family Sharing or volume purchasing.
Apple has no obligation whatsoever to furnish any maintenance and support services to you with respect to the Software.
In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any was paid) for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, nor responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Apple will not be responsible for addressing any claims by any party relating to the Software or your possession or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact information for submission of questions, complaints or claims with respect to the Software:
Scout Security, Inc.
210 N. Racine Ave, STE 2M
Chicago, IL 60607
You must comply with agreements you have with third parties (e.g., your wireless provider) when using the Software
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
Terms applicable to Android users of the Software:
You acknowledge that this Agreement is between you and Company only, and not with Google, Inc. (“Google”).
Your use of the Software must comply with Google’s then-current Android Market Terms of Service
Google is only a provider of the Android Market where you obtained the Android App. Google is not responsible for the Software or the services and content available thereon.
Google has no obligation or liability to you with respect to Company’s Software or this Agreement. You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the Software.
Transfers in Ownership of Products
If you are not the original purchaser of a Product you may not use the Product, except after following the procedures outlined in this paragraph. You may not use a Product if you are not the original purchaser unless you first create a user account and the registered owner of such Product properly and fully completes and submits a transfer authorization informing us that you, as identified by your user account, are now the owner of such Product. The registered owner of the Product may complete a transfer authorization by contacting Company customer service at email@example.com. The registered owner will need your user account ID to complete the transfer authorization. You may confirm any transfer authorization by following the steps provided by an authorized Company customer service representative. You will need the user account ID of the registered owner to confirm the transfer authorization. Upon your confirmation of a valid transfer authorization from the prior registered owner of a Product, you will become the registered owner of a Product. Each Product may have only one registered owner at any time.
Three (3) Year Limited Warranty
Subject to certain registration requirements, the Products are covered by a limited warranty against material defects in materials and workmanship for a period of three (3) years from the date of purchase (“Warranty Period”) by the original end user purchaser who registers the Products (the “Warranty”). You must register for the Warranty online at scoutalarm.com/warranty for your Products to be covered by the Warranty. Except where prohibited by applicable law, the Warranty is nontransferable and is limited to the original purchaser. The Warranty gives you specific legal rights, and you may also have other rights that vary under local laws. Company reserves the right to clarify, amend, restate or otherwise modify the terms of both the Warranty and this Agreement as well as the other Product Use Terms. In the event that there is a conflict related to the terms of the warranty as described in this Agreement and the One-Year Warranty Card, the terms of this Agreement shall control.
Software distributed by Company with the Product (including, but not limited to, the software that interacts with or that is pre-installed in the Product) is not covered under this Warranty. Unless expressly permitted by such licensing agreement, you agree to use the software distributed by Company only as intended by Company to support the operation of the Product it was distributed with.
If you submit a valid claim within the Warranty Period, Company will, at its sole discretion either (1) repair the defect at no charge, using new or refurbished parts, or (2) replace the Product with a new Product that is substantially functionally equivalent to the original, provided that, in each case, the defective Product is returned to the point of purchase or such other place as Company may direct you with a copy of the sales receipt or dated itemized receipt. Shipping and handling charges may apply except where prohibited by applicable law. Any replacement Product or part will be warranted for the remainder of the original Warranty Period or for any additional period of time that may be applicable in your jurisdiction. When a Product is exchanged, any replacement item becomes your property and the replaced Product or part becomes Company's property. Unless prohibited by law, you will be responsible for Company's costs of processing your Warranty claim and returning your Product(s) to you if you submit a Warranty claim for Product(s) that are not defective.
Prior to submitting a Warranty claim, we recommend you visit the support section at scoutalarm.com/support to obtain technical assistance. To obtain Warranty service you must speak with a Company service agent, the authorized dealer from which you purchased the Product, or open a service request through our website at scoutalarm.com/support Be prepared to describe the problem you are experiencing with the Product in detail so that we may best assist you. In the event that you purchased your Product through an authorized dealer, valid Warranty claims may be processed through the dealer's point of purchase system during the first thirty (30) days after purchase; however, this period of time may vary depending on where you purchased your Product; please check with Company or the dealer where you purchased your Product for details. In the event that you purchased your Product directly from Company, valid warranty claims will be processed directly by Company. In all cases, a valid purchase receipt must be presented to Company. In the event that your Product must be returned via mail, or shipped in any way, the Product must be insured during shipping, shipped freight prepaid and securely packaged. The addresses and customer service contact information for Company can be found in the documentation accompanying your Product and on the web at: scoutalarm.com/support. Any claim under this Warranty must be submitted to Company before the end of the Warranty Period.
The Warranty does not cover problems or damage resulting from: (1) failure to follow instructions relating to the Product's use or the installation of components set forth in the Guide; (2) damage caused by abuse, accident, misuse, transport, fire, floods, earthquakes, neglect, or other external causes; (3) use or storage outdoors or in conditions other than typical indoor dwelling conditions or in conditions where ambient temperature or humidity is not maintained within the recommended operating range; (4) damage caused by service or unauthorized repair performed by anyone who is not an authorized representative of Company; (5) unauthorized accessories used in conjunction with a Product; (6) a Product or part that has been modified to alter functionality or capability; (7) items intended to be periodically replaced by the purchaser during the life of the Product, including, but not limited to, batteries, bulbs, radio frequency keychain fobs or stickers, or cables; (8) a Product that is used commercially or for a commercial purpose, as determined by Company; (9) other causes that are not defects in material and workmanship except where such restriction is prohibited by applicable law; in each case, as determined in Company's sole discretion. This Warranty additionally does not cover Products marked as “sample” or sold “AS IS” or sold by an person or business that is not an authorized dealer.
Limitation of Liability
COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE SOFTWARE OR PRODUCTS MAY NOT BE COMPROMISED OR CIRCUMVENTED, (2) THE PRODUCTS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR (3) THAT THE PRODUCTS WILL PROVIDE ADEQUATE WARNING OR PROTECTION. THE COMPANY'S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES, ROBBERIES, FIRES, FLOODS, AND MEDICAL PROBLEMS. YOU UNDERSTAND THAT A PROPERLY INSTALLED AND MAINTAINED ALARM MAY ONLY REDUCE THE RISK OF A BURGLARY, ROBBERY OR OTHER EVENTS OCCURRING WITHOUT PROVIDING AN ALARM, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT THE EQUIPMENT AND SERVICES PURCHASED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES, OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT.
YOU AGREE THAT BY USING THE PRODUCT, THE COMPANY DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. YOU AGREE THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT THE COMPANY. BY USING THE PRODUCT, YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST THE COMPANY FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE PRODUCT OR SERVICES PROVIDED BY THE COMPANY.
THESE LIMITATIONS OF LIABILITY EXTEND TO ALL CLAIMS WHETHER OR NOT CLAIMED OR SUSPECTED AND CONSTITUTE A WAIVER OF EACH AND ALL THE PROVISIONS OF THE CALIFORNIA CIVIL CODE, SECTION 1542 (TO THE EXTENT IT WOULD BE APPLICABLE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, UNLESS YOU VOLUNTARILY CHOOSE TO WAIVE THIS RIGHT. HAVING BEEN SO INFORMED, YOU NEVERTHELESS HEREBY VOLUNTARILY ELECT TO, AND DO, WAIVE THE RIGHTS DESCRIBED IN SECTION 1542, AND EVERY OTHER APPLICABLE SIMILAR LAW AND STATUTE (IF ANY) IN EACH OTHER APPLICABLE JURISDICTION, AND ELECT TO ASSUME ALL RISKS FOR CLAIMS THAT NOW EXIST IN YOUR FAVOR, KNOWN OR UNKNOWN, FROM THE SUBJECT OF THIS AGREEMENT.
YOU ACKNOWLEDGE THAT THE PRODUCT IS A DO-IT-YOURSELF INSTALLATION AND THE COMPANY HAS NO WAY TO VERIFY THAT THE PRODUCT WAS PROPERLY INSTALLED PRIOR TO ANY INCIDENT. IN THE EVENT THAT YOU CHOOSE TO SELF-MONITOR YOUR PRODUCT OR FOREGO MONITORING OF ANY KIND, YOU AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES CAUSED BY YOUR FAILURE TO MONITOR YOUR PRODUCT. IF YOU CHOOSE TO HIRE A MONITORING SERVICE, YOU AGREE TO BE BOUND BY ALL PROVISIONS OF THE SECTION APPEARING BELOW TITLED “SPECIAL TERMS AND CONDITIONS THAT APPLY TO PROFESSIONAL MONITORING CUSTOMERS”.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, TORT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, REVENUE OR DATA (WHETHER DIRECT OR INDIRECT), COMMERCIAL LOSS FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHER LOSS BASED ON A CLAIM RELATED TO THE PRODUCT. THE FOREGOING LIMITATION APPLIES REGARDLESS OF CAUSE OR FORM OF ACTION ASSERTED BY YOU, WHETHER IN CONTACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, OR FORESEEABLE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE PROHIBITED BY LAW, THE WARRANTY AND REMEDIES DESCRIBED ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, EXPRESS, STATUTORY OR IMPLIED. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART THEREOF, SHALL BE HELD INVALID OR UNFAVORABLE BY A COURT OF COMPETENT JURISDICTION, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO CUSTOMER UNDER AN ORDER AND THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT(S) GIVING RISE TO THE CLAIM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE COMPANY. IF NOT PERMITTED BY APPLICABLE LAW, THIS SECTION SHALL NOT RELIEVE FROM LIABILITY FOR DAMAGES THAT RESULT FROM ANY GROSS NEGLIGENCE OR WILLFUL OR TORTIOUS ACT OF THE COMPANY.
You understand that the Product is not connected to the electrical system of your premises and requires batteries to operate. THE PRODUCT WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. It is your sole responsibility to maintain and replace the Product's batteries. Company recommends that you regularly inspect the sensors for dirt and dust and test the sensors frequently to help maintain continued operation. Company also recommends that you carefully read and follow the Guide, along with any owner's manual, instructions and warnings for all Products.
THE PRODUCT IS NOT INTENDED FOR CONTROL, WHETHER DIRECT OR INDIRECT, OF OR USE WITH INDUSTRIAL OR MEDICAL EQUIPMENT OF ANY TYPE. THIS WARRANTY WILL NOT APPLY IF THE PRODUCT IS USED IN SUCH A MANNER. ANY SUCH USE IS ENTIRELY AT THE USER'S DISCRETION AND RISK. ANY SUCH USER WILL BE SOLELY RESPONSIBLE FOR (AND THE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM SUCH USE.
IF YOU OR ANY OTHER PERSON MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST THE COMPANY OR ANY OF ITS SUBCONTRACTORS IN ANY WAY RELATED TO THE PRODUCT OR SERVICES PURCHASED BY YOU FROM THE COMPANY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS SUBCONTRACTORS HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST THE COMPANY AND REGARDLESS WHETHER THE COMPANY HAS BEEN FOUND LIABLE OR WHETHER THE COMPANY HAS INCURRED ANY EXPENSE. WITHOUT LIMITATION, THIS OBLIGATION INCLUDES AN OBLIGATION FOR YOU TO INDEMNIFY THE COMPANY FOR CLAIMS FROM A THIRD PARTY SERVICE PROVIDER YOU MAY SELECT TO MONITOR ANY PRODUCTS OR THAT YOU MAY ELECT TO USE IN CONNECTION WITH OR IN CONJUNCTION WITH YOUR USE OF ANY PRODUCTS OR SERVICES OF THE COMPANY.
YOU AGREE THAT THE COMPANY IS NOT AN INSURER AND THAT THE COMPANY IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. THE MONTHLY AMOUNTS YOU MAY OR MAY NOT PAY TO THE COMPANY ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE'S PROPERTY LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS AT OR OF YOUR PREMISES. INSTEAD, THE AMOUNTS THE COMPANY CHARGES YOU FOR MONITORING SERVICES (IF YOU ORDER SUCH SERVICES) ARE BASED SOLELY UPON THE VALUE OF SERVICES THE COMPANY PROVIDES AND UPON THE LIMITED LIABILITY THE COMPANY ASSUMES UNDER THIS AGREEMENT. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU ACKNOWLEDGE THAT YOU WILL HAVE TO PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO THE COMPANY TO COMPENSATE YOU OR ANYONE ELSE. BY USING THE PRODUCT, YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST THE COMPANY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
You agree to pay all construction/alarm use permit fees, all directly or indirectly imposed false alarm fines, fees or charges, all telephone or signal transmission company charges, and all other assessments, fees and charges related to the alarm system.
IF YOUR PURCHASE FROM THE COMPANY INCLUDES SMOKE AND/OR CARBON MONOXIDE DETECTORS, YOU AGREE THAT: (A) THE NUMBER AND PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS IN CODES, LAWS OR STANDARDS THAT APPLY IN YOUR JURISDICTION, INCLUDING THE CODE PROVISIONS OF THE NATIONAL FIRE PROTECTION ASSOCIATION AND THE INTERNATIONAL RESIDENTIAL CODE; (B) YOU HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE ALARM SYSTEM. YOU AGREE THAT REGARDLESS OF WHETHER YOU USE THE PRODUCT FOR A PRIMARY OR SECONDARY (BACKUP) ALARM, YOU BEAR FULL RESPONSIBILITY FOR COMPLYING WITH ALL APPLICABLE LAWS (INCLUDING LOCAL LAWS AND ORDINANCES) CONCERNING THE INSTALLATION AND USE OF THE PRODUCT. FURTHER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE MANNER AND QUALITY OF INSTALLATION OF THE PRODUCT IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS AND INSTRUCTIONS. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE PRODUCT'S BATTERY IS LOW OR DEAD, THE BACK-UP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD, OR FIRE OR EXPLOSION DAMAGES THE PRODUCT BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS TRANSMITTED. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MONITOR AND REPLACE ALL DETECTORS BEFORE OR AT THE END OF THEIR USEFUL LIVES.
IF YOUR PURCHASE FROM THE COMPANY INCLUDES SERVICES RELATING TO “SMART LOCKS” OR SIMILAR PRODUCTS OR TECHNOLOGY, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE PROPER INSTALLATION, CONFIGURATION AND USE OF SUCH PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT IT IS POSSIBLE THAT YOUR SECURITY SYSTEM COULD BE DISARMED WHEN YOUR SMART LOCK IS UNLOCKED, AND/OR VICE VERSA. COMPANY SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY RESULTING FROM YOUR INSTALLATION, CONFIGURATION OR USE OF ANY SUCH PRODUCTS.
THE PROVISIONS OF THIS SECTION SHALL APPLY TO AND BENEFIT THE COMPANY AND ITS AGENTS, EMPLOYEES, REPRESENTATIVES CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS AND EACH OF THEIR RESPECTIVE HEIRS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, AS APPLICABLE.
YOU AGREE THAT ANY ARRANGEMENT OR INTERACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE (I.E., ANY PARTY OTHER THAN US OR ONE OF OUR SUBCONTRACTORS), INCLUDING ANY THIRD PARTY ALARM MONITORING SERVICE WILL BE GOVERNED BY YOUR AGREEMENT WITH THAT THIRD PARTY SERVICE. IN ADDITION TO ANY TERMS OF ANY SUCH AGREEMENT WITH ANY SUCH THIRD PARTY SERVICE AND WITHOUT LIMITING YOUR OBLIGATIONS UNDER ANY SUCH AGREEMENT AND WITHOUT EXPANDING THE OBLIGATIONS OF ANY THIRD PARTY SERVICE UNDER THAT AGREEMENT, AT THE COMPANY'S REQUEST, IF YOU USE A THIRD PARTY SERVICE AUTHORIZED OR RECOMMENDED BY THE COMPANY, AND IF YOU OR ANY OTHER PERSON MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST SUCH THIRD PARTY SERVICE IN ANY WAY RELATED TO THE PRODUCT OR SERVICES PURCHASED BY YOU FROM THE COMPANY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SUCH THIRD PARTY SERVICE HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST SUCH THIRD PARTY SERVICE AND REGARDLESS WHETHER SUCH THIRD PARTY SERVICE HAS BEEN FOUND LIABLE OR WHETHER THE COMPANY HAS INCURRED ANY EXPENSE.
Duration of Implied Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, WARRANTIES OF WORKMANLIKE EFFORT, WARRNTIES AS TO TITLE AND WARRANTIES OF NON-INFRINGEMENT. ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THE WARRANTY PERIOD ABOVE. IF THE COMPANY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTEND PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD.
National Statutory and State-Specific Rights
Consumers in some jurisdictions may have legal rights under applicable national or state legislation governing the sale of consumer goods or the types of services covered by this Agreement. These rights are not affected by the Warranty or any contrary provisions of this Agreement.
No Other Warranties
No Company dealer, agent, or employee is authorized to make any modification, extension, or addition to the Warranty or this Agreement, and any such modifications, extensions, or additions are the sole responsibility of the third party making such changes.
This Agreement is not assignable by you. This Agreement or any portion thereof is assignable by company and, upon assignment, company shall have no further duty, obligation, responsibility or liability to you.
Applicable Law/Agreement to Arbitrate/Arbitration Procedures/Prohibition on Class and Representative Actions and Non-Individualized Relief/Judicial Forum for Legal Disputes
The Product Use Terms apply. Without limitation, the provisions of the TOU that have the above referenced titles (or their successor provisions as amended from time to time) apply to you and your use of our products and services under this Agreement.
Service and Support
Except for batteries, your Product device does not contain any user-serviceable parts. To obtain service and/or support, or to view Company's house of customer support, we recommend you visit the support section at scoutalarm.com/support.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all other agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter this Agreement by any representations or promises not specifically stated in this Agreement. Any amendment to this Agreement must be in writing and signed by duly authorized representatives of the parties.
SPECIAL TERMS AND CONDITIONS THAT APPLY TO PROFESSIONAL MONITORING CUSTOMERS
The following terms and conditions apply to you if you have ordered professional monitoring services from us. To the extent any of the below provisions conflict with any provision of the Agreement appearing above, the terms of the below provisions will control.
Term and Termination. Unless specifically agreed otherwise when you order monitoring services, we will provide the services to you on a month-to-month basis, unless either party cancels the services through a company website or through any other mechanism provided by Company. We may suspend monitoring services or terminate the portion of this Agreement pertaining to monitoring services at any time upon providing written notice to you (email sufficing) three (3) days before the suspension or termination date, or immediately in the event that we are unable to provide the monitoring service because of occurrennces outside of our control. If your system becomes a “runaway” system or is excessively communicating with our monitoring station without apparent reason, you authorizes and empowers us to, without limitation, do any one or more of the following: ignore all communications received from the system, disconnect the system, or render the system incapable of communicating locally or with our monitoring station by direct or remote programming the removal or deletion of data necessary to operate the system. The exercise of such rights shall not be deemed a waiver of our right to damages, and we shall have the right to enforce all other remedies or rights.
DISCLAIMER/LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE: THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, “REPRESENTATIVES”) IS AN INSURER; THAT YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY, YOUR EMPLOYEES AND OTHERS WHO MAY BE ON YOUR PREMISES FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY DAMAGE; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE, COST AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT WE AND OUR REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR VIDEO IMAGE, OR OPERATE ANY MONITORING FACILITY. YOU FURTHER UNDERSTAND AND AGREE: THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF COMPANY OR ITS REPRESENTATIVES FOR ANY LOSS, DAMAGE, COST OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE WHICH OCCURS BEFORE OR AFTER YOU ENTER INTO THIS Agreement, PRODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR FOR CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF \$1,000.00 COLLECTIVELY FOR COMPANY AND REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT BY PAYING A CHARGE FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS CHARGE OR ANY HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY OR REPRESENTATIVES AS AN INSURER.
Transmission of Data, Video or Voice. You acknowledge and agree that the system is a non-supervised reporting device. If the transmission medium for delivery of data, video images or voice or other audio communications from your system to the monitoring facility is incompatible with the system or is inoperative, circumvented, compromised or interrupted by natural or human causes including, without limitation, the cutting of the telephone line, radio transmission interference, power line surges or outages, internet or broadband problems and internet or broadband provider problems, there is no indication of this fact at the monitoring facility. Further, you understand that, as applicable, and provided that you have affirmatively opted-in, (i) a video system enables Company to view your premises (“Premises”), and (ii) a two-way voice system enables Company to “listen-in” to your Premises. you authorize and consent to Company viewing your Premises and the area outside of your Premises and listening-in and release Company and representatives for all claims, losses, damages, costs and expenses due to Company viewing your Premises and the area outside of your premises and listening-in to your premises.
Release of Insured Losses and Waiver of Subrogation. You hereby waive any rights your insurance company may have to be reimbursed by Company or representatives for money paid to you or on your behalf. You hereby release Company and representatives for all losses, damages and expenses which are insured.
Indemnification. If anyone other than you, including your insurance company, asks Company or representatives to pay for any loss, damage or expense (including, without limitation, economic losses, property damage, personal injury or death) due to (i) breach of contract or warranty, express or implied, (ii) active or passive sole, joint or several negligence of any kind or degree by Company or representatives, (iii) failure or malfunction of the system or the monitoring facility, (iv) recording of communications or video surveillance/recording, (v) product or strict liability, or (vi) a claim for subrogation, indemnification or contribution, you agree to pay (without any condition that Company or representatives first pay) for all losses, damages, costs and expenses including, without limitation, attorneys’ fees, which may be asserted against or incurred by Company or representatives.
Suspension of Service. Should there be a termination or suspension of the contract between Company and its third party subcontractor providing monitoring services, or upon termination or suspension of monitoring services for any other reason, or if the system excessively sends video images or signals to Company’s monitoring facility, you unconditionally and irrevocably authorize Company to, without limitation, concurrently or consecutively, do any one or more of the following: ignore all video images and signals received from the system, disconnect the system, or render the system incapable of signaling locally or communicating with the monitoring facility by deletion or modification of data necessary to operate the system and Company’s obligations hereunder are waived automatically without notice to you. You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the system or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever including, without limitation, Company’s sole, joint or several negligence, for the duration of such interruption of service.
False Alarms. In the event the system is activated for any reason whatsoever, you shall pay, without any right to be reimbursed by Company, all fines, fees, costs, expenses and penalties assessed against you or Company by any court or governmental agency.
Monitoring Service. Monitoring service may be provided in connection with a device provided by Company or one or more third party hardware providers. Monitoring service consists solely of monitoring service personnel (“Operator”) communicating electronically with first responders or calling by telephone the telephone numbers supplied by you in writing or electronically for the police, sheriff, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, departments and organizations (collectively, “First Responders”) and persons identified by you as your emergency contacts (the “Call List”) within a reasonable period of time under the circumstances at the monitoring facility and the priority of the signals which are identified in writing (“Listed Codes”) or video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring services appear on the operator’s computer screen at the monitoring facility or when voice communication requesting assistance is received by an Operator from you or from the Premises (collectively, “Monitoring Services”). Monitoring service may also be provided when we relay information delivered to us via an automatic computer-initiated signal (i.e., an API call) when an alarm is triggered. No monitoring service shall be rendered for voice communication which does not request assistance or for video images which do not clearly and conspicuously reveal the necessity for monitoring service. In the event a signal is received at the monitoring facility which is not a listed code, you agree that Company’s sole duty and obligation is for Company to log the signal (the “Unlisted Code Policy”). If the premises is located in a jurisdiction requiring a personal verified on-Service response (“Verified Response”) prior to dispatching a First Responder, it is your sole responsibility to engage a service to provide such Verified Response. All fees, costs and expenses in connection with verified response shall be borne by you only. Notwithstanding anything contained herein to the contrary, (a) upon receipt of a Listed Code or video images and prior to communicating electronically or by telephone to First Responders or the Call List, Company may, in its sole and absolute discretion and without any liability, attempt to telephone the premises or attempt to contact you through telephone, electronic mail, text message or other similar means of communication at numbers or addresses provided by you or dealer in writing, as frequently as Company deems appropriate to verify the necessity to report the receipt of a Listed Code or video images to First Responders or the Call List, and (b) upon the receipt of an abort code or oral or electronic advice to disregard the receipt of a listed code or video images from you or any of your personal contacts on the Call List, all of whom have your authority and consent to direct Company to disregard receipt of a Listed Code, Company may, in its sole and absolute discretion and without any liability, refrain from contacting First Responders or the Call List or advise anyone previously notified of a Listed Code or video images of receipt of an abort code or oral or electronic advice to disregard the receipt of the listed code or video images. Company’s efforts to notify first responders or the call list shall be satisfied by advice electronically or by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications. you acknowledge and agree that (i) all software, hardware, firmware, codes, signals, audio and voice communications, video images, information and documentation arising out of or from, in connection with, related to, as a consequence of or resulting from this Agreement or the services (collectively, the “IP Property”) are the sole and exclusive property of Company or its subcontractor(s) and you have no rights whatsoever in any of the IP Property, and (ii) Company shall have the right in its sole and absolute discretion to destroy, delete, erase, etc. (collectively, “Destruction”) the IP Property at any time without notice to you; provided, that upon your written request to retain any specific IP Property being received by Company prior to the Destruction of the IP Property, Company shall use commercially reasonable efforts to store the specific IP Property as requested by you on the condition precedent that you pay all fees, costs and expenses related to your request.
Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any monitoring service to you, and bind you to said subcontractor with the same force and effect as they bind you to Company. You acknowledge and agree that Company has contracted with Lydia Security Monitoring, Inc. D/B/A Central Office Processing Services (“C.O.P.S. Monitoring”). The licensing information included in Schedule A below pertains to C.O.P.S. Monitoring. Subcontractors that we engage to provide any services under this Agreement are independent contractors, and are not partners, affiliates or joint venturers with Company. You hereby authorize Company to act on your behalf to provide direction to any subcontractor engaged to provide the services to you.
Consent to Intercept, Record, Disclose and Use Contents of Communications. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, “any person”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic, internet, broadband and other forms of transmission or communication to which Company and you or any person are parties.
Medical Emergency Signal. You acknowledge and agree that Company’s sole responsibility upon receipt of a medical emergency signal transmitted from the system is to call by telephone the medical assistance providers as directed by you. You understand and agree that Company and representatives are hereby released from all liability due to active or passive sole, joint or several negligence of any kind or degree of Company or representatives which you, or anyone claiming through you, in any way might or could claim against Company or representatives based upon, arising out of or from, in connection with, resulting from, related to or as a consequence of Company’s failure or improper dispatch of medical assistance providers.
Storage of Agreement and Information. You authorize Company to scan, image or otherwise convert, store or retain this Agreement and all information and other written materials in an electronic format of any nature and, in the sole and absolute discretion of company, to destroy all written documents or materials which have been so converted. You agree that an electronically produced copy of this Agreement and all other written documents and materials so converted is legally equivalent to the original for any and all purposes, including litigation or arbitration.
Video Systems. If the system transmits video images, you shall (i) provide and maintain adequate power and lighting for all cameras or other video-related equipment; (ii) inform all persons on the premises that they may be monitored by video; (iii) not use or permit the use of video installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit video images from the system; (v) use the video system for security surveillance and management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for the installation and operation of the video system. You understand and agree that (i) a video system enables Company to record, store and review images of the interior of the premises and the area outside of the premises, and (ii) video with audio capability enables Company to record, store and review oral communications from in and outside of the premises. You hereby agree, authorize and consent to Company recording, storing and reviewing video images and oral communications transmitted from the video system at the premises. monitoring service in connection with the receipt of video images at Company’s monitoring facility consists solely of operator communicating electronically or calling by telephone the proper authorities within a reasonable period of time under the circumstances at the monitoring facility (including, without limitation, the priority of all signals and video images received by the monitoring facility) after video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring service appear on the operator’s computer screen at the monitoring facility; provided, that the operator shall not be required to view the video images more than one time as the video images appear on the operator’s computer screen. Notwithstanding anything in the Agreement to the contrary, Company’s obligation to perform monitoring service in connection with any listed code received from any intrusion detection system at the premises is conditioned on (i) receipt of video images from the video system related to the listed code, and (ii) operator’s determination, pursuant to this section, of whether to communicate electronically or call by telephone first responders or the call list.
Email Notice. In the event you elect to receive automatic email notice of certain system events, e.g., the arming or disarming of the system, you acknowledge, understand and agree that (i) any such notice is conditioned on (a) receipt of the data at Company’s central station, (b) the proper operation of communication equipment, services, systems and networks including, without limitation, the internet, and (c) any failure, malfunction or delay in processing or transmitting the data by Company’s equipment or software, and (ii) Company is hereby released from any liability arising out of or from, resulting from or in connection with the failure, malfunction or delay of any such notice for any reason, including Company’s or representative’s sole, joint or several negligence of any kind or degree.
Consent to Call Subscriber and Call List. You, for yourself and as the authorized agent of each person on your call list from time-to-time, consent to Company calling each such person’s cell phone or other mobile device.
Limitation on Actions. No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties’ obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.
Statutory Notices. See Schedule A below and made a part hereof.
SCHEDULE A - STATE LICENSE NUMBERS AND CONTACT INFORMATION FOR LICENSING INFORMATION
E 2005 0098
ACO 6132, ACQ 5175
RHODE ISLAND (BURGLARY):
(401) 462-8580 8252