CONSUMER DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS
1. DISCLOSURE. Federal law [Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001-7031] permits you to agree to the receipt and access of certain documents and communications in electronic form, notwithstanding any requirement for written copies. Pursuant to this Consumer Disclosure and Consent to Electronic Communications you consent to receive and to be provided with electronic copies of all documents and communications as defined below. Please save or print a copy of this document for your records.
2. CONSENT TO ELECTRONIC DELIVERY. You agree to receive all documents and communications including but not limited to agreements, terms and conditions, bills for services, statutory notices, correspondence and disclosures required by law to be in writing, (“Documents and Communications”) from 24inControl, LLC (hereinafter referred to as “24iC” or “COMPANY”) in an electronic format, (“Electronic Communications”).You acknowledge that you are able to receive and retain such Electronic Communications by printing, downloading or saving them to your electronic device. You accept any Electronic Communications provided by 24iC as reasonable and proper notice in full satisfaction of any law or regulation requiring that such Documents and Communications be provided to you in writing, or in a form that you have the ability to retain. You agree that you are solely responsible for notifying 24iC of any changes to your email address, and agree to keep it up to date by writing to 24iC at info@24inControl.com or to: 24inControl, LLC, 346 Rheem Blvd. #108, Moraga, CA 94556.
3. PAPER COPIES OF ELECTRONIC COMMUNICATIONS. You agree that 24iC does not need to provide you with additional paper (non-electronic) copies of any Electronic Communications unless you specifically request to receive paper copies. You may request a paper copy of any Electronic Communications provided by 24iC. You acknowledge 24iC reserves the right to charge you a reasonable fee for the production and mailing of any paper copy of Electronic Communications. To submit a request to receive a paper copy of all Electronic Communications contact 24iC by mail: 24inControl, LLC, 346 Rheem Blvd. #108, Moraga, CA 94556.
4. REVOCATION OF CONSENT TO ELECTRONIC COMMUNICATIONS. You have the right to withdraw your consent to receive Electronic Communications from 24iC at any time. You acknowledge that 24iC reserves the right to restrict or terminate your access to its website, web portal or web application if you withdraw your consent to receive Electronic Communications. To withdraw your consent to receive Electronic Communications contact 24iC by mail: 24inControl, LLC 346 Rheem Blvd. #108, Moraga, CA 94556.
5. SYSTEM REQUIREMENTS. In order for the system to send out; and for you to receive Electronic Communications from 24iC you must have a system that meets the following requirements: High Speed Internet or Cellular Communicator to the extent required by law, 24iC shall notify you of any change made in the hardware or software requirements needed to access or participate in any electronic communication with 24iC, and you agree to re-consent electronically in any manner that reasonably demonstrates your ability to access Electronic Communications.
6. RIGHT TO MODIFY TERMS. 24iC reserves the right, in its sole discretion, to modify the terms and conditions of this Consumer Disclosure and Consent to Electronic Signatures and Communications. If required by law 24iC shall notify you of any modification to the Consumer Disclosure and Consent to Electronic Communications or the termination of its relationship with you.
By agreeing to these Terms and Conditions I hereby accept the terms and conditions as outlined in the above agreement and understand that by confirming I am submitting my electronic consent to receive all document(s) and communication(s) electronically.”
STANDARD DIY SECURITY EQUIPMENT SALES AND MONITORING AGREEMENT
24inControl, LLC (hereinafter referred to as “24iC” or “COMPANY”) agrees to sell, and Buyer, sometimes referred to as You or Your agrees to purchase a self-installed security system consisting of the following equipment:
SCHEDULE OF EQUIPMENT AND SERVICES: Equipment sold pursuant to this agreement is specified in Buyer’s shopping cart. Some services selected in the shopping cart will be provided for buyer using own equipment to access 24iC services selected.
SMOKE AND CARBON MONOXIDE DETECTORS / BATTERRY-POWERED DEVICES: You agree that You are responsible for compliance with any law, code and requirements that apply to installation or service of smoke or carbon monoxide detectors. the installation of such devices do not necessarily constitute a fire alarm system as may be required by local code or described in NFPA 72; such devices require electric and batteries for proper operation and it is Your responsibility to regularly test such devices and replace batteries and the device as recommended by device manufacturer. You are solely responsible to check and replace batteries that are low or dead.
For California buyers Fire devices do not exceed $500 in value. [CA]
Equipment will not be shipped to Buyer until purchase price is paid in full.
If you are not purchasing any equipment you will be using your own equipment to access 24iC services selected in your shopping cart.
1. INSTALLATION: The security system will be installed by Buyer or installer selected by Buyer. 24iC does not install the system but upon request will provide telephone assistance to Buyer to assist Buyer with the installation. 24iC has no liability for the installation.
2. SECURITY SYSTEM REMAINS PERSONAL PROPERTY OF BUYER: Security System, consisting of an alarm panel and devices connected to the alarm panel, installed by Buyer, is the personal property of Buyer and shall not be considered a fixture, or an addition to, alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty. Buyer may attach other devices not furnished by 24iC but such devices shall not be included in any warranty or service provided for herein.
3. DESCRIPTION OF SERVICES: See 24inControl website and Shopping Cart for services selected by you.
4. 24iC SERVICES: Only services selected in shopping cart are included:
(a) CENTRAL STATION MONITORING IS OPTIONAL: Monitoring service is Self- Monitored only unless professiona central station monitoring service option was selected by Buyer and added to shopping cart and is paid for.
(b) REMOTE BUYER ACCESS / VIDEO STREAMING DATA [VSD]: If selected by Buyer in shopping cart Buyer’s system will include: Remote Access and Remote View; Data Storage and Retrieval.
(c) ALARM SIGNAL VERIFICATION: If Alarm Signal Verification is required by law 24iC or its designated central office shall verify the alarm signal by electronic telephone communication, video verification or such other verification system deemed appropriate by 24iC or as required by local law and only verified alarm conditions shall be communicated to police or fire department.
5. TERM OF AGREEMENT: RENEWAL INCREASE: THE TERM OF THIS AGREEMENT SHALL BE AS SELECTED IN SHOPPING CART AND PREPAID BY BUYER AND SHALL THEREAFTER RENEW MONTH TO MONTH UNLESS EITHER PARTY GIVES WRITTEN NOTICE TO THE OTHER OF THEIR INTENTION NOT TO RENEW THE AGREEMENT AT LEAST 30 DAYS PRIOR TO THE EXPIRATION OF ANY TERM. 24iC SHALL BE PERMITTED AFTER THE INITIAL TERM, FROM TIME TO TIME, TO INCREASE THE MONITORING CHARGE BY AN AMOUNT NOT TO EXCEED NINE PERCENT EACH YEAR AND BUYER AGREES TO PAY SUCH INCREASE AS INVOICED.
6. CENTRAL OFFICE MONITORING: If professional monitoring has been selected by Buyer in the shopping cart upon receipt of a signal from Buyer’s alarm system, 24iC or its designee central office shall make every reasonable effort to notify Buyer and the appropriate municipal police or fire department depending upon the type of signal received. Not all signals will require notification to the authorities and Buyer may obtain a written response policy from 24iC. No response shall be required for supervisory, loss of electric or communication pathway, trouble or low battery signals. Buyer acknowledges that signals transmitted from Buyer’s premises directly to municipal police or fire departments are not monitored by personnel of 24iC or 24iC’s designee central office and 24iC does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Buyer acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of 24iC and are not maintained by 24iC except 24iC may own the radio network, and 24iC shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Buyer’s computers if connected to the alarm communication equipment. Buyer agrees to furnish 24iC with a written Call List of names and telephone numbers of those persons Buyer wishes to receive notification of alarm signals. Unless otherwise provided in the Call List 24iC will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with 24iC’s notification obligation. All changes and revisions shall be supplied to 24iC in writing. Buyer authorizes 24iC to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central office to monitor video or sound then upon receipt of an alarm signal central office shall monitor video or sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. If Buyer requests 24iC to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Buyer shall pay 24iC $90.00 for each such service. 24iC may, without prior notice, suspend or terminate its services, in event of Buyer’s default in performance of this agreement or in event central office facility or communication network is nonoperational or Buyer’s alarm system is sending excessive false alarms. Central office is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Buyer information and data shall be maintained confidentially by 24iC. 24iC’s signs and decals remain the property of 24iC and must be removed upon termination of this Agreement.
7. REMOTE SERVICES ACCESS / EXCESSIVE DATA USAGE: If Remote Access and or Remote Viewing was ordered, paid for and delivered, the equipment is designed to transmit data via Buyer’s high speed Internet, cellular or radio communication service to remote equipment supplied by 24iC or Buyer’s Internet or wireless connection device which is compatible with 24iC’s remote services. 24iC will grant access to server permitting Buyer to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed. The remote services server is provided either by 24iC or a third party. Buyer shall install the camera(s) in a permissible legal location in Buyer’s premises to permit Buyer’s viewing. 24iC shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data. 24iC shall have no liability for excessive data usage expense incurred by Buyer attributable to the equipment or services provided herein. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology and 24iC shall have no liability for access to the alarm system by others.
8. WIRELESS AND INTERNET OR CELLULAR SERVICE ACCESS CAPABILITIES: Buyer is responsible for supplying high speed Internet access, cellular or other at Buyer’s premises. 24iC does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Buyer making its monthly payments for remote access to the system 24iC will authorize Buyer access. 24iC is not responsible for Buyer’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Buyer to access the system. Buyer acknowledges that Buyer’s security system can be compromised if the codes or devices used for access are lost or accessed by others and 24iC shall have no liability for such third party unauthorized access. 24iC is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Buyer’s responsibility to secure access to the system with pass codes and lock out codes. 24iC is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Buyer’s system will be at Buyer’s expense.
9. LIMITED WARRANTY / REPAIR AND REPLACEMENT In this Limited Warranty the term “you or your” refers to the consumer who has purchased the security system and equipment, sometimes referred to as the Product. The terms “we” or “us” or “SELLER” or “ALARM COMPANY” refers to 24iC. Product means the alarm system. THIS LIMITED WARRANTY applies to the Product, consisting of the alarm panel, remote devices, smoke detectors, cameras and any other equipment provided by 24iC intended to be used with and connected to the alarm system. This is the only express warranty for this Product and is in lieu of any other warranty or condition. The Product is warranted to be free from defects in material and workmanship for one year from the date of original purchase. During this period your exclusive remedy is repair or replacement of the Product or any component found to be defective, at our option and discretion. This warranty is valid only for the first and original purchaser and is not valid for any subsequent purchaser. If you have agreed to pay for Extended Warranty in paragraph 4 (d) of this agreement 24iC will extend the Limited Warranty for so long as Buyer continues to pay Monitoring and Extended Warranty charges and 24iC will repair or replace any defective equipment covered by the terms of the Limited Warranty, except Alarm.Com empower, cameras or locks, which are not covered by our Limited or Extended Warranty option, provided You request service and cooperate with shipping the equipment to 24iC in the manner provided below.
This warranty does not cover batteries, or any problem that is caused by accident, vandalism, negligence or mistake, flood, water, lightning, fire, abuse, misuse, acts of god, and casualty or electrical surges.
This warranty excludes all claims for special, incidental, and consequential damages caused by breach of express or implied warranty. All liability is limited to the amount of the purchase price paid by you for the Product. The security system is being sold on an “as is” basis and the entire risk as to the quality and performance of the security system is with the Buyer. Every implied warranty, including any statutory warranty or condition of merchantability or fitness for a particular purpose, is disclaimed except to the extent prohibited by law, in which case such warranty or condition is limited to the duration of this written warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation exclusion may not apply to you and some states afford you other rights which may vary state by state. All repairs, replacement or alteration to the security system made by reason of alteration to Buyer’s premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Buyer. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Buyer’s expense. No apparatus or device shall be attached to or connected with the security system unless provided by 24iC.
To receive service or replacement for the Product under warranty or service option, send the defective component of the Product, postage paid, with the original receipt and a brief written description of the problem to 24iC at 346 Rheem Blvd, Suite 108 A, Moraga, CA 94556.
We will not provide reimbursement for repairs made by third parties and any unauthorized, improper or incorrectly performed maintenance or repair by others voids this Limited Warranty. BUYER ACKNOWLEDGES THIS DOCUMENT CONTAINS A LIMITED WARRANTY PROVISION BY AGREEING TO THESE TERMS AND CONDITIONS
10. NO WARRANTIES OR REPRESENTATIONS: BUYER’S EXCLUSIVE REMEDY: 24iC does not represent nor warrant that the security equipment and central office monitoring will prevent any loss, damage or injury to person or property, by reason of burglary, theft, hold-up, fire or other cause, or that the security equipment will in all cases provide the protection for which it is installed or intended. Buyer acknowledges that 24iC is not an insurer, and the Buyer assumes all risk for loss or damage to Buyer’s premises, its contents or persons on the premises. 24iC has made no representations or warranties other than Limited Warranty above, and hereby disclaims any warranty of merchantability or fitness for any particular use. Buyer’s exclusive remedy for 24iC’s default hereunder is to require 24iC to repair or replace, at 24iC’s option, any equipment covered by this agreement which is non-operational. Obligations of 24iC under this service contract are backed only by the full faith and credit of 24iC and are not guaranteed under a reimbursement insurance policy.
11. TESTING OF SECURITY SYSTEM: The parties agree that the security equipment, once delivered and installed, is in the exclusive possession and control of the Buyer, and it is Buyer’s sole responsibility to test the operation of the security equipment. 24iC does not inspect or service the alarm system on Buyer’s premises.
12. BUYER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyer agrees to furnish, at Buyer’s expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, cellular service, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by 24iC.
13. FALSE ALARMS/PERMIT FEES: Buyer is responsible for all alarm permits and permit fees, agrees to file for and maintain any permits required by applicable law and indemnify and reimburse 24iC for any fines relating to permits, registration charges, or false alarms. 24iC shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond.
14. FIRE ALARM COMPONENTS: If fire alarm components are included 24iC makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction [AHJ] over fire alarm systems in Buyer’s premises. 24iC recommends that Buyer have a fire alarm system installed by a licensed alarm professional pursuant to NFPA 72 standards and AHJ recommendations.
15. INDEMNITY / WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: BUYER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS 24iC, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, LAWSUITS, INCLUDING THOSE BROUGHT BY THIRD PARTIES OR BUYER, INCLUDING REASONABLE ATTORNEYS’ AND EXPERT WITNESS FEES AND LOSSES ASSERTED AGAINST AND ALLEGED TO BE CAUSED BY 24iC’S PERFORMANCE, NEGLIGENT PERFORMANCE, OR FAILURE TO PERFORM ANY OBLIGATION. PARTIES AGREE THAT THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. BUYER ON ITS BEHALF AND ANY INSURANCE CARRIER WAIVES ANY RIGHT OF SUBROGATION BUYER’S INSURANCE CARRIER MAY OTHERWISE HAVE AGAINST 24iC OR 24iC’S SUBCONTRACTORS ARISING OUT OF THIS AGREEMENT OR THE RELATION OF THE PARTIES HERETO. BUYER SHALL NOT BE PERMITTED TO ASSIGN THIS AGREEMENT WITHOUT WRITTEN CONSENT OF 24iC. 24iC SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT AND SHALL BE RELIEVED OF ANY OBLIGATIONS CREATED HEREIN UPON SUCH ASSIGNMENT. BUYER ACKNOWLEDGES THIS CONTRACT/TERMS AND CONDITIONS CONTAIN AN INDEMNITY AND WAIVER OF SUBROGATION PROVISIONBY AGREEING TO THESE TERMS AND CONDITIONS
16. EXCULPATORY CLAUSE / LIMITATION OF LIABILITY: 24iC AND BUYER AGREE THAT 24iC IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN. THE SECURITY EQUIPMENT AND 24iC’S SERVICES ARE DESIGNED TO REDUCE CERTAIN RISKS OF LOSS, THOUGH 24iC DOES NOT GUARANTEE THAT NO LOSS WILL OCCUR. 24iC IS NOT ASSUMING LIABILITY, AND, THEREFORE, SHALL NOT BE LIABLE TO BUYER FOR ANY LOSS, DATA CORRUPTION OR INABILITY TO RETRIEVE DATA, PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED BY BUYER AS A RESULT OF INTRUSION, BURGLARY, THEFT, HOLD-UP, FIRE, EQUIPMENT FAILURE, SMOKE, CARBON MONIXIDE OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS CAUSED BY OR CONTRIBUTED TO BY 24iC’S NEGLIGENT PERFORMANCE TO ANY DEGREE IN FURTHERANCE OF THIS AGREEMENT, ANY EXTRA CONTRACTUAL OR LEGAL DUTY, STRICT PRODUCTS LIABILITY, OR NEGLIGENT FAILURE TO PERFORM ANY OBLIGATION PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY. IN THE EVENT OF ANY LOSS OR INJURY TO ANY PERSON OR PROPERTY, BUYER AGREES TO LOOK EXCLUSIVELY TO BUYER’S INSURER TO RECOVER DAMAGES. BUYER RELEASES 24iC AND ITS SUBCONTRACTORS FROM ANY CLAIMS FOR CONTRIBUTION, INDEMNITY OR SUBROGATION.
BUYER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF 24iC AS A RESULT OF 24iC’S NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF 24iC’S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT OR SERVICES FAILURE, OR STRICT PRODUCTS LIABILITY, THAT 24iC’S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 5% OF THE TOTAL PAYMENTS MADE BY BUYER TO 24iC, WHICHEVER IS GREATER. IF BUYER WISHES TO INCREASE 24iC’S AMOUNT OF LIMITATION OF LIABILITY, BUYER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH 24iC’S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE. BUYER ACKNOWLEDGES THAT THIS CONTRACT/TERMS AND CONDITIONS CONTAIN A LIMITATION OF LIABILITY PROVISIONBY AGREEING TO THESE TERMS AND CONDITIONS
17. INSURANCE: The Buyer shall maintain a policy of public liability, property damage, fire, burglary and theft insurance. Coverage shall be sufficient to insure Buyer’s one hundred per cent insurable interest for any injury or death, property damage, burglary and theft coverage in an amount necessary to indemnify Buyer. 24iC shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Buyer from insurance covering such loss or damage or for such loss or damage against which the Buyer is indemnified or insured. In the event of any loss or injury to any person or property, Buyer agrees to look exclusively to Buyer’s insurer to recover damages. Buyer shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the insurable value, and Buyer and all those claiming rights under Buyer waives all rights against 24iC and its subcontractors for loss or damages caused by burglary, theft, water, smoke, carbon monoxide, fire or other perils intended to be detected by the security services or covered by insurance to be obtained by Buyer, except such rights as they may have to the proceeds of insurance.
18. LEGAL ACTION / EARLY TERMINATION / LIQUIDATED DAMAGES / CLASS ACTION WAIVER / ARBITRATION: YOU AGREE THAT DUE TO THE NATURE OF THE SERVICES TO BE PROVIDED BY 24iC, THE PAYMENTS TO BE MADE BY YOU FOR THE TERM OF THIS AGREEMENT FOR MONITORING OF THE ALARM SYSTEM AND SERVICE PLAN IS AN INTEGRAL PART OF 24iC’S ANTICIPATED PROFITS; THAT IN THE EVENT OF YOUR DEFAULT IT WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO FIX 24iC’S ACTUAL DAMAGES. THEREFORE, IN THE EVENT YOU DEFAULT IN ANY PAYMENT OR CHARGES TO BE PAID TO 24iC, THE BALANCE OF ALL PAYMENTS FOR THE ENTIRE TERM SHALL IMMEDIATELY BECOME DUE AND PAYABLE, UNLESS YOU MAKE SUCH PAST-DUE PAYMENT, TOGETHER WITH ANY LATE-FEES WITHIN TEN (10) DAYS OF THE DATE ON WHICH THE UNPAID INSTALLMENT WAS DUE AND YOU SHALL BE LIABLE FOR 80% THEREOF AS LIQUIDATED DAMAGES AND 24iC SHALL BE PERMITTED TO TERMINATE ALL ITS SERVICES UNDER THIS AGREEMENT AND TO REMOTELY RE-PROGRAM OR DELETE ANY PROGRAMMING WITHOUT RELIEVING YOU OF ANY OBLIGATION HEREIN INCLUDING BUT NOT LIMITED TO TERMINATING MONITORING SERVICE. IN THE EVENT YOU BREACH THIS AGREEMENT YOU AGREE TO PAY 1/60 OF THE WAIVED PURCHASE PRICE FOR EACH MONTH REMAINING ON THE ORIGINAL TERM OF THIS AGREEMENT IN ADDITION TO THE LIQUIDATED DAMAGES FOR THE REMAINING TERM OF THE MONITORING CHARGES.
IN CA IF BUYER DECIDES TO TERMINATE BEFORE THE END OF THE TERM, BUYER MAY DO SO BY PAYING ANY AMOUNT BUYER OWES AT THAT TIME PLUS AN EARLY TERMINATION FEE EQUAL TO 80% OF THE BALANCE OF ALL PAYMENTS FOR THE ENTIRE TERM OF THIS AGREEMENT, AND 24iC SHALL BE PERMITTED TO TERMINATE ALL ITS SERVICES, INCLUDING BUT NOT LIMITED TO REMOTELY RE-PROGRAMMING OR DELETING ANY PROGRAMMING WITHOUT RELIEVING BUYER OF ANY OBLIGATION HEREIN. BUYER AGREES THAT THE EARLY TERMINATION FEE IS FAIR BASED UPON THE EXPENSES INCURRED BY 24iC IN PROVIDING BUYER WITH ALARM EQUIPMENT AND SERVICES, ITS COSTS, AND ANTICIPATED PROFITS.
IN NC, 24iC SHALL PROVIDE NOTIFICATION TO BUYER BY VERIFIED PERSONAL SERVICE OR CERTIFIED MAIL AT LEAST 10 DAYS PRIOR TO CESSATION OF THE SERVICE(S), UNLESS BUYER INITIATES TERMINATION OR RELOCATES,
YOU AND 24iC AGREE THAT YOU AND ANYONE SUCCEEDING TO YOUR RIGHTS MAY BRING CLAIMS AGAINST 24iC 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. SUBJECT TO BUYER’S RIGHT TO BRING ANY CLAIM AGAINST 24iC FOR UP TO $1,000 IN SMALL CLAIMS COURT HAVING JURISDICTION, IN FURTHERANCE OF THE FEDERAL ARBITRATION ACT, YOU AND WE AGREE THAT ANY DISPUTE BETWEEN YOU AND 24iC OR ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., UNDER ITS ARBITRATION RULES WWW.ARBITRATIONSERVICESINC.COM, EXCEPT THAT NO PUNITIVE DAMAGES MAY BE AWARDED. SERVICE OF PROCESS OR PAPERS IN ANY LEGAL PROCEEDING OR ARBITRATION BETWEEN THE PARTIES MAY BE MADE BY POSTAGE PREPAID FIRST-CLASS MAIL DELIVERED BY THE U.S. POSTAL SERVICE ADDRESSED TO THE PARTY’S ADDRESS.
IF 24iC PREVAILS IN ANY LITIGATION OR ARBITRATION BETWEEN THE PARTIES, BUYER SHALL PAY 24iC’S LEGAL FEES. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN THEM, EXCEPT IN CA, GA, KS, AND NC, and WHERE THE AMOUNT IN CONTROVRESY DOES NOT EXCEED $1,500, IN OK, AND UNLESS PROHIBITED BY LAW, HOWEVER, TRIAL BY JURY IS NOT AVAILABLE IN ARBITRATION. BUYER ACKNOWLEDGES THAT ITS WAIVER OF THE RIGHT TO A JURY TRIAL IS DONE VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. BUYER UNDERSTANDS THAT IT HAS A RIGHT TO CONSULT WITH A PERSON OF ITS CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT. IN ANY ACTION COMMENCED BY 24iC AGAINST BUYER, BUYER SHALL NOT BE PERMITTED TO INTERPOSE ANY COUNTERCLAIM, EXCEPT IN MS, WHERE BUYER ONLY AGREES TO WAIVE COUNTERCLAIMS TO THE EXTENT PERMITTED BY MISSISSIPPI CODE § 75-24-15. YOU AGREE THAT ANY ACTION OR ARBITRATION BY YOU AGAINST 24iC MUST BE COMMENCED WITHIN ONE YEAR OF THE ACCRUAL OF THE CAUSE OF ACTION OR SHALL BE BARRED EXCEPT IN AL, ID, MT, OK, ND, and SD and UNLESS OTHERWISE PROHIBITED BY LAW. ANY ACTION OR ARBITRATION YOU BRING AGAINST 24iC MUST BE BASED ON THE PROVISIONS OF THIS AGREEMENT; ANY OTHER ACTION OR ARBITRATION THAT YOU MAY HAVE OR BRING AGAINST 24iC IN RESPECT TO ITS PRODUCT SHALL BE DEEMED TO HAVE MERGED IN AND BE RESTRICTED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THIS CONSENT TO ARBITRATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
RESIDENTIAL BUYERS: This agreement shall be governed by the laws of the State, and all actions and proceedings commenced exclusively in the County/Barrio/Parish/Province, where the Buyer resides.
COMMERCIAL BUYERS: Buyer submits to the jurisdiction and laws of the State where 24iC’s Principal Place of Business is located and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where 24iC’s principal place of business is located.
BUYER ACKNOWLEDGES THAT THIS CONTRACT/TERMS AND CONDITIONS CONTAIN A LIQUIDATED DAMAGES PROVISION. THIS PROVISION IS NOT APPLICABLE TO MILITARY PERSONNEL IN OK BY AGREEING TO THESE TERMS AND CONDITIONS.
Buyer understands that this agreement with 24iC contains an option to arbitrate which may be exercised by any party. After signing this document, Buyer understands that if any party exercises this option, Buyer may not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, Buyer agrees to submit any such dispute to an impartial arbitrator at the option of any party. THE RULES IN ARBITRATION ARE DIFFERENT. THERE’S NO JUDGE OR JURY AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD BY AGREEING TO THESE TERMS AND CONDITIONS
19. 24iC’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees that 24iC is authorized and permitted to subcontract any services to be provided by 24iC to third parties who may be independent of 24iC, and that 24iC shall not be liable for any loss or damage sustained by Buyer by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties and that Buyer appoints 24iC to act as Buyer’s agent with respect to such third parties, except that 24iC shall not obligate Buyer to make any payments to such third parties. 24iC shall be permitted to assign this agreement and upon such assignment shall have no further obligation hereunder. Buyer acknowledges that this agreement, and particularly those paragraphs relating to 24iC’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignee, subcontractors and communication centers of 24iC.
20. NO RISK MONEY BACK GUARANTEE: If you are dissatisfied with the Product or 24iC’s monitoring services you may, during the 30 days from the date you receive the Product, return the Product to 24iC for a full refund of the purchase price you paid and any monitoring charges you paid. At Your request we will arrange for and pay for shipment. The Product must be returned to 346 Rheem Blvd, Suite 108 A, Moraga, CA 94556 in its original container in like new condition, reasonable wear and tear excepted. This risk free money back guarantee is in addition to any other warranties provided in this agreement. Upon your return of the Product within the 30 day return period this agreement will be deemed terminated and neither party shall have any obligation to the other arising out of this agreement.
21. NON-DISPARAGEMENT: Neither party to this agreement shall publish or communicate on any written or electronic forum or social media any disparaging comment, negative review, recommendation, evaluation, or report of the other unless required by law. Because a violation of this provision would result in damages that may be difficult to prove, the parties agree that a party violating this provision shall be liable for damages in the amount of $10,000.00 as and for liquidated damages and not as a penalty, and no actual damages need to be proved. Additionally, a party to this agreement required to commence any lawsuit or arbitration to enforce this provision shall be entitled to injunctive relief and its legal fees.
22. EXTRA ORDERS OR CHANGE OF ORDERS: Buyer acknowledges that 24iC is not performing any installation or repairs at Buyer’s premises.
23. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Buyer hereby authorizes 24iC to obtain a consumer credit report. Buyer has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Buyer to 24iC to request additional credit information. Buyer releases all persons involved in the credit investigation from liability in connection with such investigation.
24. CONFLICTING DOCUMENTS: Should there arise any conflict between this agreement and Buyer’s purchase order or other document, this agreement will govern, whether such purchase order or document is prior to or subsequent to this agreement.
25. FULL AGREEMENT/SEVERABILITY: This agreement along with any Rider attached constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except 24iC’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Buyer acknowledges and represents that Buyer has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
ELECTRONIC CONTRACT REQUIREMENTS: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring 24iC to provide, send or deliver information in writing to Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically pursuant to Federal Law 15 U.S.C. Chapter 96.
CALIFORNIA: PROPOSITION 65 WARNING: EQUIPMENT AND PACKAGING MAY CONTAIN COMPONENTS CONTAINING CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.
If Buyer resides in ARIZONA or NORTH DAKOTA the following provision applies: DO NOT SIGN OR AGREE TO THIS AGREEMENT IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. YOU MAY PAY OFF THE FULL UNPAID BALANCE DUE UNDER THIS AGREEMENT AT ANY TIME, AND IN SO DOING YOU SHALL BE ENTITLED TO A FULL REBATE OF THE UNEARNED FINANCE AND INSURANCE CHARGES. IT SHALL NOT BE LEGAL FOR 24iC TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT.
PUERTO RICO: NOTICE TO BUYER: DO NOT SIGN OR AGREE TO THIS CONTRACT BEFORE READING THE SAME OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT. UNDER THE PRESENT LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE BALANCE OWED UNDER THE CONTRACT. IN THOSE CASES THE PRINCIPAL OWED AS OF THE DATE OF PAYMENT, PLUS ANY BALANCE TO COVER CHARGES.
GEORIGA: NOTICE TO BUYER: DO NOT SIGN OR AGREE TO THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE PAPER YOU SIGN. YOU HAVE THE RIGHT TO PAY IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE TIME PRICE DIFFERENTIAL. BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION.
NEW JERSEY: THIS CONTRACT MAY LIMIT CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. IT ALSO CONTAINS A LIMITATION OF LIABILITY PROVISION. FOR MORE INFORMATION, PLEASE SEE SECTIONS 15, 16 and 18.
I HAVE READ ALL THE PROVISIONS THAT PERTAIN TO MY STATE BY AGREEING TO THESE TERMS AND CONDITIONS
READ ALL PROVISIONS OF THIS AGREEMENT BEFORE SIGNING OR AGREEING TO THIS AGREEMENT.
BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS AGREEMENT
AT TIME OF EXECUTION.
BUYER HAS 30 DAYS FROM DATE OF ORDER TO RETURN ALL EQUIPMENT [AT SELLER’S EXPENSE] AND CANCEL THIS AGREEMENT AND RECEIVE A FULL REFUND OF ALL MONEY PAID BY BUYER IN CONNECTION WITH THIS AGREEMENT
BY AGREEING TO THESE TERMS AND CONDITIONS BUYER ACKNOWLEDGES HAVING READ AND AGREED TO THIS ENTIRE AGREEMENT
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. [This provision required in Missouri & Nebraska.] BY AGREEING TO THESE TERMS AND CONDITIONS BUYER CONSENTS TO THESE PROVISIONS
BY AGREEING TO THESE TERMS AND CONDITIONS Buyer agrees and consents to the terms of this Agreement.
This contract is a contract made pursuant to a telephone solicitation sale regulated by Oregon Revised Statutes 83.710 to 83.750. The person offering to buy goods or services under this contract understands that:
(1) No discussions or agreements between the Buyer and the person offering to sell goods or services formed a binding agreement except as provided by this contract;
(2) There is no binding agreement between the Buyer and 24iC until 24iC receives a copy of this contract signed by the Buyer; and
(3) All of the terms of the agreement between the Buyer and 24iC are contained, in writing, in this contract.
OKLAHOMA (OAC 380:75-3-3):
Initial Term: 1-month or 6-months or 12-months as selected by Customer (see Paragraph 5 of the Agreement)
Renewal Term: Month to month (see Paragraph 5 of the Agreement)
Terms of Cancellation: After the initial term, either party upon written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any renewal term (see Paragraph 5 of the Agreement)
Costs of Agreement: (See “Sale” portion and Paragraphs 4 (a) – (d) of the Agreement)
Total Purchase of Equipment (including tax): see Customer’s order
Total Monitoring Costs of this Agreement is: According to Customer’s selected Plan on Customer’s Order_
Registration No.: PA
Registered by The Bureau of Consumer Protection
Tele. No.: 1-888-520-6680
ANY ACTION BETWEEN THE PARTIES SHALL, AT THE OPTION OF EITHER PARTY, BE DETERMINED BY ARBITRATION TO BE DETERMINED BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., UNDER ITS ARBITRATION RULES, www.ArbitrationServicesInc.com, EXCEPT THAT NO PUNITIVE DAMAGES MAY BE AWARDED. ANY DECISION RENDERED BY THE ARBITRATOR IS BINDING ON THE PARTIES. ANY ARBITRATION AWARD RENDERED CANNOT BE APPEALED IN THE COURT OF COMMON PLEAS. THE PARTIES AGREE THAT THIS CONTRACT AFFECTS INTERSTATE COMMERCE AND THAT THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. ALL FACTS, RELATED DOCUMENTS AND DECISIONS RENDERED IN RELATION TO THIS AGREEMENT SHALL REMAIN CONFIDENTIAL.
CA DCA Lic. ACO7650
COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)
24inControl, LLC carries commercial general liability insurance written by Philadelphia Indemnity Ins Co. You may call Bone, Robertson & McBride, Inc. at 925-674-1000 to check 24iC’S insurance coverage.
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.