TERMS AND CONDITIONS OF SUBSCRIBER AGREEMENT
This agreement (“Agreement”) is made and effective on the purchase date (“Effective Date”), as listed on Subscriber’s payment confirmation email from Alarm Company, of the security system (“Alarm Equipment”) and monitoring services by and between:
- Acadian Monitoring Services, LLC, or Acadian Total Security, LLC, or Acadian Ambulance Service, Inc. dba Acadian Monitoring Services, LLC, a Louisiana limited liability company whose mailing address is P.O. Box 93088, Lafayette, LA 70509-3088 (“Alarm Company”);
AND
- The purchaser of the Alarm Equipment (“Subscriber”);
- Each hereinafter referred to individually as a “Party” and collectively as “Parties”;
- Services shall mean the services you have selected to receive from Alarm Company, specifically including alarm monitoring services as described in Clause 8 of this Agreement (“Services”).
That for the covenants and consideration specified herein, Alarm Company and Subscriber, the Parties hereto, for themselves, their heirs, successors and/or assigns mutually agree as follows:
By clicking the “Purchase Order” button below or using any of the Services, you agree that you have read this Agreement and are legally bound by this Agreement, including the disclaimers, limitations of liability and indemnity obligations below.
LIFE SAFETY NOTICE: IF SUBCRIBER PURCHASED A SYSTEM THAT INCLUDES SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS, OR IF SUBSCRIBER ADDS SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS AT A LATER TIME, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. CONTACT THE LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. SUBSCRIBER HAS SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE SYSTEM.
IN ORDER FOR SUBSCRIBER TO BECOME FAMILIAR WITH THE USE AND OPERATION OF THE SYSTEM, SUBSCRIBER SHALL HAVE A TESTING PERIOD DURING WHICH ALARM COMPANY HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, SUBSCRIBER, OR ANY EMERGENCY CONTACTS OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL ALARM COMPANY RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. SUBSCRIBER ACKNOWLEDGES THAT TO ACTIVATE THE ALARM EQUIPMENT AND END THE TESTING PERIOD SUBSCRIBER MUST CALL ALARM COMPANY TO ACTIVATE THE ALARM EQUIPMENT.
1. TERM AND TERMINATION: The initial term of this Agreement shall be for one (1) month. Upon expiration of the Initial Term, this Agreement shall renew automatically for successive one (1) month terms (each a “Renewal Term” and collectively with the Initial Term, the “Term”) without action by either Party under the same terms and conditions. After expiration of the Initial Term, either Party may terminate this Agreement by giving thirty (30) day written, notice to the other Party of their intention not to renew the Agreement. Upon termination, if Subscriber still has outstanding payments owed to Alarm Company, Subscriber shall be charged for the remaining balance owed Alarm Company. Upon termination, if Subscriber does not have any outstanding payments owed to Alarm Company, Alarm Company will deactivate monitoring of the Alarm Equipment. If Subscriber terminates monitoring of its Alarm Equipment, for any reason, but chooses to reactivate the Alarm Equipment at a later date, Subscriber will be assessed a reactivation fee of FORTY-NINE DOLLARS AND NINETY FIVE CENTS ($49.95). If Alarm Company, at its sole option, agrees to refund any part of Subscriber’s payment to Alarm Company for any alarm equipment, Subscriber acknowledges that there will be a FORTY-NINE DOLLARS AND NINETY FIVE CENTS ($49.95) restocking fee.
2. MONITORING FEES: Subscriber agrees to pay the sum of all monitoring fees, plus tax, per month, payable in advance for the monitoring of the Alarm Equipment for the Term of this Agreement, commencing upon the Effective Date, and continuing monthly thereafter. THREE (3) YEARS AFTER THE EFFECTIVE DATE, ALARM COMPANY SHALL BE PERMITTED TO INCREASE THE MONITORING FEE BY AN AMOUNT NOT TO EXCEED NINE PERCENT (9%) EACH YEAR.
3. AUTOMATIC BANK WITHDRAWAL: Subscriber agrees to pay using an electronic payment method. Subscriber authorizes Alarm Company, or its designee, successor, or assign, to automatically withdraw from Subscriber’s bank account or to bill Subscriber’s credit card, the full amount of any fees, specifically including monitoring fees, processing fees and other sums as due in conjunction with this Agreement. In the event Subscriber fails to make a payment to Alarm Company on, before, or within thirty (30) days after a payment is due, Subscriber agrees to pay, and authorizes the debit of its bank account or credit card, all fees and payments owed to Alarm Company, as well as any costs incurred by Alarm Company in connection with collecting such amounts. This authorization remains in full force and effect for the Term of this Agreement. All automatic bank withdrawals for monitoring fees will be made on a monthly basis on the day of the month that corresponds with the Execution Date of this Agreement.
4. INSUFFICIENT/NONSUFFICIENT FUNDS: Alarm Company reserves the right to charge a TWENTY FIVE DOLLAR ($25.00) fee to Subscriber for all charges that are dishonored by the Subscriber’s financial institution for any reason including insufficient/nonsufficient funding. Insufficient/nonsufficient funding includes, but is not limited to, times where Subscriber uses a credit card to pay Alarm Company for the Services and the amount charged to the credit card exceeds the available balance in Subscriber’s account.
5. PAYMENT DEFAULT: Should Subscriber fail to pay any monitoring fees or processing fees, Alarm Company shall have the right, without prejudice to any other remedies, to charge a monthly interest rate of 1.5% (18% per annum) on all delinquent amounts and to terminate this Agreement, including deactivate the Alarm Equipment, after providing Subscriber with at least fifteen (15) day advance written notice of such termination. Subscriber agrees to pay all costs for collecting the amounts owed to Alarm Company by Subscriber including, but not limited to, reasonable attorneys’ fees. In addition, Alarm Company’s acceptance of sums due following an event of default or breach by Subscriber of any of the provisions of this Agreement hereunder shall not be construed as Alarm Company’s waiver of such event of default or breach and Alarm Company maintains all rights and remedies it may have hereunder, at law, or in equity as a result of such default or breach. Alarm Company’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available under law and equity even those not expressly referred to herein.
6. OBLIGATIONS AFTER PAYMENT DEFAULT: Alarm Company’s obligations hereunder are waived automatically without notice and Alarm Company is released from all expense, loss or damage to Subscriber in the event that Subscriber defaults on this Agreement and Subscriber fails to cure such default within fifteen (15) days of receiving written notice from Alarm Company of such default. Under these circumstances Subscriber specifically authorizes Alarm Company, in its sole discretion, to refrain from providing monitoring services, specifically by rendering the Alarm Equipment incapable of communicating with Alarm Company’s monitoring facilities by remotely programming the removal or deletion of data necessary for the operation of Subscriber’s Alarm Equipment, or through any other means necessary to prevent the signal from being received by Alarm Company’s monitoring facilities. In such situations, Alarm Company is released from all expense, loss or damage to Subscriber, whether due to the active or passive sole, joint or several negligence of Alarm Company.
7. RESPONSIBILITIES: Alarm Company agrees to ship, program and assist over the phone with the installation of the Alarm Equipment, and Subscriber agrees to purchase the Alarm Equipment and follow all instructions provided to Subscriber for self-installing the Alarm Equipment at their desired location. Subscriber shall install and test the Alarm Equipment, consisting of communication software and radio, cellular and/or internet connection devices. Communication software is part of the instrument panel programmed to transmit a signal. The passcode to the communication software remains property of Alarm Company. Provided Subscriber performs this Agreement for the full term thereof, upon termination, Alarm Company shall, at its option, provide to Subscriber the passcode to the communication software or change the passcode to the manufacturer’s default code.
8. MONITORING SERVICE: Alarm Company’s monitoring service and notification service will begin when the Alarm Equipment is installed, operational, and communicating with Alarm Company’s monitoring facilities. Monitoring service consists solely of calling third party professional agencies or the telephone number(s) supplied by Subscriber. Monitoring service will not be provided for alarm signals which are not provided to Alarm Company. Alarm Company shall call the third party professional agencies within a reasonable amount of time and based on the priority of the alarm signal. Subscriber 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 Alarm Company and not maintained by Alarm Company. Alarm Company shall not be responsible for any failure which prevents transmission signals from reaching the monitoring facilities or damages arising there from, or for data corruption, theft or viruses to Subscriber’s computers if connected to the Alarm Equipment. All changes and revisions shall be supplied to Alarm Company in writing. Subscriber authorizes Alarm Company to access the control panel to input or delete data and programming. If the Alarm Equipment contains video or listening devices permitting Alarm Company to monitor video or sound then, upon receipt of an alarm signal, Alarm Company shall monitor video or sound for so long as Alarm Company in its sole discretion deems appropriate to confirm an alarm condition. Alarm Company may, without prior notice, suspend or terminate its services in the event of Subscriber’s default in performance of this Agreement or in the event its monitoring facility or communication network is nonoperational or Subscriber’s Alarm Equipment is sending excessive false alarms. Alarm Company is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by Alarm Company.
Video-related monitoring services consists solely of verification of alarm events by monitoring facility personnel in connection with the Services to be provided pursuant to this Agreement using audio and video received from the Alarm Equipment (“Verification Services”). None of the Verification Services are intended to replace alarm monitoring services or to detect or prevent unauthorized intrusion onto the premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage. Verification Services are provided and shall be used by you solely for the verification of alarm events at the premises and no other purpose.
9. MONITORING SERVICE EXCEPTION(S): Alarm Company shall not be required to give notification of an alarm signal if it has reasonable grounds to believe that an emergency condition does not exist. Alarm Company shall also have the authority to give notification of an alarm condition to persons and authorities not designated by Subscriber if Alarm Company, in its reasonable judgment, believes it prudent to do so, however, Alarm Company does not have an obligation to do so. Subscriber agrees to prevent false alarms and be solely liable for false alarms. Subscriber must pay, or reimburse Alarm Company, for any fines, fees, costs, expenses and penalties relating to the Alarm Equipment or Services assessed against Subscriber, Alarm Company or the monitoring facility by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) you default under this Agreement, (ii) this Agreement or the Services are terminated by either Party for any reason, (iii) the Alarm Equipment becomes a “runaway” system or excessively signals the monitoring facility without apparent reason, Alarm Company may suspend the Services and Subscriber authorizes Alarm Company to disconnect the Alarm Equipment from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of Alarm Company’s right to damages.
10. AUTHORIZATION: Subscriber hereby authorizes Alarm Company to monitor the signal transmissions from the Alarm Equipment. Subscriber is responsible for installing, maintaining and servicing its Alarm Equipment. Monitoring of the Alarm Equipment and Alarm Company’s obligations hereunder shall only begin when the following have been accomplished: (1) Subscriber has provided Alarm Company the data required by Alarm Company to monitor the Alarm Equipment, and (2) Subscriber has transmitted a test signal to Alarm Company which is acceptable to Alarm Company for each condition that Alarm Company is monitoring at Subscriber’s desired location. Subscriber shall be responsible for the complete, proper and accurateness of the information provided to Alarm Company and all other information required by Alarm Company pursuant to this Agreement or provided by Subscriber to Alarm Company.
11. CONSENT TO RECORDING: CERTAIN FEDERAL AND STATE LAWS PROHIBIT INTERCEPTION AND RECORDING OF TELEPHONE CALLS AND OTHER ORAL COMMUNICATIONS BY ELECTRONIC MEANS, INCLUDING THE INTERCEPTION AND RECORDING OF TELEPHONE CALLS AND OTHER ORAL COMMUNICATIONS BY THE ALARM EQUIPMENT AT SUBSCRIBER’S LOCATION. SUBSCRIBER SHALL NOT INTERCEPT OR RECORD ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON’S PERMISSION TO DO SO.
12. LAWFUL RECORDING OF VIDEO AND AUDIO: Recording video or audio may be unlawful or violate an individual’s rights, including privacy rights. Subscriber shall not use any of the Services, or permit the use of any of the Services, for any unlawful purpose. Subscriber shall take all steps necessary to alert individuals at the premises of the possibility of recording video or audio.
13. SERVICE: Alarm Company shall offer servicing of the Alarm Equipment over the phone, upon Subscriber’s request, for the Alarm Equipment installed at Subscriber’s premises. All repairs, replacement or alteration to the Alarm Equipment made by reason of alteration to Subscriber’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 Subscriber. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connected with the Alarm Equipment as originally installed without Alarm Company’s written consent.
14. REMOTE SERVICES ACCESS: If cameras are included in the schedule of Alarm Equipment to be installed by Alarm Company and remote services are to be provided, the Alarm Equipment will transmit data via Subscriber’s high speed internet service to Subscriber’s device which is compatible with Alarm Company’s remote services server. Alarm Company will grant access to a server permitting Subscriber to monitor the Alarm Equipment, access the Alarm Equipment to arm and disarm it, and view the remote video camera(s). The remote services server is provided by a third party. Subscriber shall install the camera(s) in a permissible legal location in Subscriber’s premises. Alarm Company shall have no responsibility for failure of data transmission, corruption or unauthorized access or view of the camera data.
15. WIRELESS AND INTERNET ACCESS CAPABILITIES: Alarm Company is not responsible for supplying high speed internet access at Subscriber’s premises. Alarm Company does not provide internet service or maintain internet connection or wireless access, computer, smart phone, electric current connection or supply, or the remote video server. In consideration of Subscriber making its monthly payments for access to Alarm Company’s online account management site, Subscriber will provide Alarm Company with a unique passcode which will be used to access Alarm Company’s site for information on Subscriber’s account with Alarm Company. Alarm Company is not responsible for Subscriber’s access to the internet or any interruption of service or down time of remote access. Subscriber acknowledges that Subscriber’s Alarm Equipment can be compromised if the internet codes or devices used for access are lost or accessed by others and Alarm Company shall have no liability for such third party unauthorized access. Alarm Company is not responsible for the security or privacy of any wireless network system or router. Alarm Equipment can be accessed by others, and it is the Subscriber’s responsibility to secure access to the Alarm Equipment.
16. LIMITED WARRANTY: In the event that any part of the warranted Alarm Equipment becomes defective, in accordance with industry standards, or in the event that any repairs are required, Alarm Company agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of twelve (12) months beginning on the date of the initial purchase of the Alarm Equipment on the conditions that Subscriber has not cancelled Services with Alarm Company and there is an active agreement between Alarm Company and Subscriber. If the Agreement between Alarm Company and Subscriber is terminated for any reason during the twelve (12) month period provided for this limited warranty, this limited warranty shall be void. Alarm Company reserves the option to either replace or repair the Alarm Equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, reprogramming, damage by lightning, electrical surge, wire, foil breaks or repairs made necessary by reason of alteration to Subscriber’s premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear. This warranty does not cover obsolete components and components exceeding manufacturer’s useful life. Alarm Company is not the manufacturer of the Alarm Equipment and other than Alarm Company’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the Alarm Equipment for repairs under its warranty coverage if any. Except as set forth in this Agreement, Alarm Company makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the Alarm Equipment, its merchantability, or its fitness for any particular purpose. Alarm Company does not represent nor warrant that the Alarm Equipment may not be compromised or circumvented, or that the Alarm Equipment will prevent any loss by burglary, hold-up, fire or otherwise; or that the Alarm Equipment will in all cases provide the protection for which it is installed. Alarm Company expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or Alarm Equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than Alarm Company. Subscriber acknowledges that any affirmation of fact or promise made by Alarm Company shall not be deemed to create an express warranty unless included in this Agreement in writing; that Subscriber is not relying on Alarm Company’s skill or judgment in selecting or furnishing Alarm Equipment suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this Agreement. Subscriber’s exclusive remedy for Alarm Company’s breach of this Agreement or negligence to any degree under this Agreement is to require Alarm Company to repair or replace, at Alarm Company’s option, any part of the Alarm Equipment which is non-operational. In all cases where replacement parts are sent to Subscriber to replace warranted equipment, Subscriber shall be responsible for all shipping fees.
17. LOCAL CODE REQUIREMENTS: Alarm Company makes no representation that Alarm Equipment sold by Alarm Company meets local code requirements or constitutes a fire alarm system as that term is defined by Subscriber’s Authority Having Jurisdiction (“AHJ”). It shall be Subscriber’s responsibility to know the local laws and regulations of Subscriber’s AHJ regarding installation of the Alarm Equipment. AT NO TIME SHALL ALARM COMPANY AND ITS AFFILIATES, ASSIGNEES AND SUBCONTRACTORS BE RESPONSIBLE TO ANYONE FOR DAMAGES OF ANY NATURE, INCLUDING DIRECT, CONSEQUENTIAL, INDIRECT, OR COMPENSATORY, RESULTING FROM SUBSCRIBER’S CHOICE TO INSTALL THE ALARM EQUIPMENT.
18. TESTING AND SERVICE OF COMMUNICATION SYSTEM: Alarm Equipment, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to test the operation of the Alarm Equipment and to notify Alarm Company if it is in need of repair. Any repair or additional service provided by Alarm Company to Subscriber’s Alarm Equipment shall be at Alarm Company’s option, and Subscriber shall pay for such labor and material at the time such repair or other service is performed. All such repair or other service shall be governed by the terms of this Agreement. It shall be Subscriber’s sole responsibility to maintain the Alarm Equipment.
19. RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that Alarm Company is authorized and permitted to subcontract any services to be provided by Alarm Company to third parties who may be independent of Alarm Company, and that Alarm Company shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties, except that Alarm Company shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this Agreement, and particularly those clauses relating to Alarm Company’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and third party indemnification, inure to the benefit of and are applicable to any assignees and subcontractors of Alarm Company.
20. ALARM PERMITS: Subscriber (1) is responsible for all alarm permits and permit fees, (2) agrees to file and maintain any permits required by applicable laws and (3) reimburse Alarm Company for any fines relating to permits or false alarms. Alarm Company is not responsible for notifying Subscriber of alarm permit requirements in their jurisdiction and shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal property, real property, or personal injury caused by police or fire department response to alarms (including false alarms), or the refusal of the police or fire department to respond. In the event of termination of response by the municipal police or fire department, this Agreement shall nevertheless remain in full force and Subscriber shall remain liable for all services provided by Alarm Company.
21. EVENTS BEYOND ALARM COMPANY’S CONTROL: Should rendering Services become impossible or impracticable due to strike, riots, flood, fires, vandalism, terrorism, acts of nature, acts of God, or any other cause beyond the control of Alarm Company, Alarm Company’s obligations hereunder shall be suspended, or, at Alarm Company’s option, this Agreement may be rescinded. Alarm Company agrees to the extent possible, by reasonable means, to immediately give notice to Subscriber of any such suspension of Services or rescission of this Agreement. Subscriber further agrees that Alarm Company shall not be required or obligated to provide service with respect to a Subscriber during any period in which the Alarm Equipment located at such Subscriber’s premises is disabled, damaged, in a state of disrepair, or when a Subscriber has repeatedly failed to use such Alarm Equipment properly or follow recommended procedures.
22. THIRD PARTY FAILURE TO RESPOND: It is agreed that Alarm Company shall have no responsibility for the failure, neglect, or refusal of any person or authority notified by Alarm Company to respond to an alarm or emergency response condition, nor for any mistakes or errors made by the Subscriber in providing the names or telephone numbers designated as authorities or persons to be notified by Alarm Company.
23. SUBSCRIBER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power, electrical outlets, receptacles, internet connection, high speed broadband cable, DSL, IP Addresses, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by Alarm Company.
24. INDEMNIFICATION: SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS ALARM COMPANY, THEIR EMPLOYEES, AGENTS AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, LAWSUITS, INCLUDING THOSE BROUGHT BY THIRD PARTIES OR BY SUBSCRIBER, INCLUDING REASONABLE ATTORNEYS’ FEES AND LOSSES, ASSERTED AGAINST AND ALLEGED TO BE CAUSED BY ALARM COMPANY’S PERFORMANCE, NEGLIGENCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. PARTIES AGREE THAT THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
25. WAIVER OF SUBROGATION RIGHTS: SUBSCRIBER, ON ITS BEHALF AND ANY INSURANCE CARRIER, WAIVES ANY RIGHT OF SUBROGATION SUBSCRIBER’S INSURANCE CARRIER MAY OTHERWISE HAVE AGAINST ALARM COMPANY OR ALARM COMPANY’S SUBAGREEMENTORS ARISING OUT OF THIS AGREEMENT OR THE RELATION OF THE PARTIES HERETO.
26. ASSIGNMENT: SUBSCRIBER SHALL NOT BE PERMITTED TO ASSIGN THIS AGREEMENT WITHOUT WRITTEN CONSENT OF ALARM COMPANY. ALARM COMPANY SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT AND SHALL BE RELIEVED OF ANY OBLIGATIONS HEREIN UPON SUCH ASSIGNMENT.
27. EXCULPATION: ALARM COMPANY AND SUBSCRIBER AGREE THAT ALARM COMPANY IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN. THE ALARM EQUIPMENT IS DESIGNED TO REDUCE CERTAIN RISKS OF LOSS, THOUGH ALARM COMPANY DOES NOT GUARANTEE THAT NO LOSS WILL OCCUR. ALARM COMPANY IS NOT ASSUMING LIABILITY, AND, THEREFORE SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS, PERSONAL INJURY, DATA CORRUPTION OR INABILITY TO RETRIEVE DATA, OR PROPERTY DAMAGE SUSTAINED BY SUBSCRIBER AS A RESULT OF BURGLARY, THEFT, HOLD-UP, FIRE, EQUIPMENT FAILURE, SMOKE, OR ANY OTHER CAUSE, WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS CAUSED BY OR CONTRIBUTED TO BY ALARM COMPANY’S NEGLIGENT PERFORMANCE, FAILURE TO PERFORM ANY OBLIGATION OR STRICT PRODUCTS LIABILITY.
28. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF ALARM COMPANY AS A RESULT OF ALARM COMPANY’S NEGLIGENT PERFORMANCE TO ANY DEGREE OF FAILURE OR PERFORM ANY OF ALARM COMPANY’S OBLIGATIONS OR ALARM EQUIPMENT FAILURE, OR STRICT PRODUCTS LIABILITY, THAT ALARM COMPANY’S LIABILITY SHALL BE LIMITED TO THE SUM OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) OR FIVE PERCENT (5%) OF THE SALES PRICE, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE ALARM COMPANY’S AMOUNT OF LIMITATION OF LIABILITY, SUBSCRIBER 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 ALARM COMPANY’S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE.
29. LEGAL ACTION: IF ALARM COMPANY PREVAILS IN ANY LITIGATION OR ARBITRATION BETWEEN THE PARTIES, SUBSCRIBER SHALL PAY ALARM COMPANY’S LEGAL FEES. IN ANY ACTION COMMENCED BY ALARM COMPANY AGAINST SUBSCRIBER, SUBSCRIBER SHALL NOT BE PERMITTED TO INTERPOSE ANY COUNTERCLAIM. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY ARBITRATION ADMINISTERED BY ARBITRATION SERVICES INC., UNDER ITS COMMERCIAL ARBITRATION RULES. SERVICE OF PROCESS OR PAPERS IN ANY LEGAL PROCEEDING OR ARBITRATION BETWEEN THE PARTIES MAY BE MADE BY FIRST-CLASS MAIL DELIVERED BY THE U.S. POSTAL SERVICE ADDRESSED TO THE PARTY’S ADDRESS IN THIS AGREEMENT OR ANOTHER ADDRESS PROVIDED BY THE PARTY IN WRITING TO THE PARTY MAKING SERVICE. SUBSCRIBER SUBMITS TO THE JURISDICTION AND LAWS OF LOUISIANA AND AGREES THAT ANY LITIGATION OR ARBITRATION BETWEEN THE PARTIES MUST BE COMMENCED AND MAINTAINED IN THE PARISH WHERE ALARM COMPANY’S PRINCIPAL PLACE OF BUSINESS IS LOCATED. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN THEM. ANY ACTION BY SUBSCRIBER AGAINST ALARM COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE ACCRUAL OF THE CAUSE OF ACTION OR SHALL BE BARRED. ALL ACTIONS OR PROCEEDINGS AGAINST ALARM COMPANY MUST BE BASED ON THE PROVISIONS OF THIS AGREEMENT. ANY OTHER ACTION THAT SUBSCRIBER MAY HAVE OR BRING AGAINST ALARM COMPANY IN RESPECT TO OTHER SERVICES RENDERED IN CONNECTION WITH THIS AGREEMENT SHALL BE DEEMED TO HAVE MERGED IN AND BE RESTRICTED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
30. FULL AGREEMENT: This Agreement constitutes the entire Agreement between Alarm Company and Subscriber with respect to its subject matter. In executing this Agreement, the parties agree that any representation, promise, inducement, or warranty, whether express or implied, not included in writing in this Agreement shall be of no force or effect. This Agreement may not be modified except by an instrument in writing executed by the parties hereto. The subject matter of this Agreement extends only to Subscribers who have been identified to this Agreement and there may be another or other Subscriber monitoring Agreements between Alarm Company and Subscriber with respect to other Subscribers whose terms differ from the terms hereof.
31. SEVERABILITY: In the event one (1) or more of the provisions contained in this Agreement shall be held, for any reason, to be invalid, void, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the remaining provisions hereof, and this Agreement shall remain unaffected and shall be construed as if such invalid, void, illegal, or unenforceable provision never had been contained herein. Agreement and any document made a part of this Agreement contains the entire agreement between the parties respecting the transactions described in such documents and supersedes all prior or current negotiations, commitments, Agreements (express or implied) warranties (express or implied) statements and representations, whether written or oral, pertaining to such transactions, all of which shall be deemed merged into this Agreement. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) NOT EXPRESSED IN THIS AGREEMENT RESPECTING THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT AND ANY DOCUMENT MADE A PART OF THIS AGREEMENT AND, IN ENTERING INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INDUCEMENT WHICH IS NOT SET FORTH IN THIS AGREEMENT.
32. NOTICES: Unless otherwise expressly provided herein, (i) all notices required to be given to Alarm Company shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to Alarm Company’s current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address of Subscriber or to their place of residence. Subscriber is responsible to provide Alarm Company with any changes to Subscriber’s e-mail address pursuant to the foregoing sentence.
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NOTICE OF CANCELLATION
DATE: _____________________
CUSTOMER NAME: ________________________________
CUSTOMER ADDRESS: _______________________________________________________
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF RECEIVING THE ALARM EQUIPMENT.
IF YOU CANCEL THIS TRANSACTION, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE AGREEMENT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS 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 RETURN TO THE SELLER, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS AGREEMENT OR SALE, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK. IF YOU FAIL TO MAKE 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 THE AGREEMENT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO: ACADIAN TOTAL SECURITY, LLC, 300 HOPKINS STREET, LAFAYETTE, LA 70501 NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER WHICH YOU RECEIVED THE ALARM EQUIPMENT.
I HEREBY CANCEL THIS TRANSACTION
Subscriber’s Signature