TERMS OF SERVICE
This Agreement (the "Agreement") is made by and between LifeShield, LLC d/b/a LifeShield Security ("LifeShield") and You ("Customer"). In this Agreement, Customer is sometimes referred to herein as "you" or "your" and the terms "we", "us", or "our" means LifeShield and any of LifeShield’s parents, subsidiaries, partners, related parties, employees, subcontractors, assignees or others that we hire to help us deliver the products and services we provide to you under this Agreement. “System” as used herein is defined as any security equipment and software purchased from LifeShield and related to our monitoring services or other services we provide.
- Services; Term; Payments; Late Fees; Credit Check. The terms and conditions of this Agreement are effective as of the date that this Agreement is signed by you and you have registered online with LifeShield (the "Effective Date"). During the term of this Agreement, we will provide you with certain monitoring and other services You requested and any additional services requested by you in writing from time to time (the "Services") on the terms and conditions set forth in this Agreement. This Agreement will automatically renew on a month-to-month (monthly term) basis unless you provide us at least fifteen (15) days prior written notice of termination. Your first bill for monthly Services will be generated on the earlier of (a) the date of your Service activation, or (b) the date your System has been shipped to you if you are performing self- installation of the System; thereafter, you agree to pay the Monthly Service Fees billed and payable monthly in advance. We may impose a one-time late charge on each payment that is more than ten days past due, which shall be the lesser of $5.00 or the highest amount permitted by law. We may impose returned check charges of the greater of $25.00 or 5% of the amount of the returned check. You consent and authorize us to (i) obtain a non-investigative consumer report about you from a consumer reporting agency at any time during the term, (ii) report your payment performance under this Agreement to credit reporting agencies; (iii) obtain and transmit your name, address and social security number to our affiliates and credit reporting agencies for purposes of verifying your credit history and rating, and (iv) record our telephone conversations with you and users of your System for verification and quality control purposes. Depending on the product selected you may have chosen a self-monitored option. If that has been selected Standard Services will not apply.
- Credit Card and Electronic Funds Transfer (EFT). You authorize us to make charges, in accordance with your payment schedule, to the credit card, debit card or bank account you select for the amount due each month and any other amounts you may owe us from time to time, including, without limitation, all state and local taxes or other governmental fees and charges, if any, which are assessed upon such System and/or Service including fees or charges assessed against discounted fees or Service credits, early cancellation fees and/or non-Returned Equipment fees. The amount due each month will be equal to the sum of your Monthly Service Fee, which is a fixed, recurring amount, plus any Additional Charges, (as defined below) incurred during the monthly billing cycle, if any, which would vary and are non-recurring. In order to authorize automatic charges to your credit card, debit card or bank account as your form of payment, you must log into our website, supply the required information, and electronically sign the authorization. Your authorization will remain in effect until we have received written notification from you of its termination, which must be at least ten (10) days prior to the next scheduled payment date. Your automatic payments will appear on your bank account or credit card statement. Should we be unable to secure your selected payment method, you remain liable for all payments under this Agreement and must make them by check or other means.
- Additional Charges. You are responsible for and agree to pay any and all of the following amounts (collectively, "Additional Charges") in connection with your System/Service: (a) any and all false alarm fines and assessment which may, from time to time, be imposed by government authorities in relation to your System or Service (you agree that to the extent we pay such fines and assessments on your behalf, we are entitled and authorized by you to make a unique charge for reimbursement to the credit card, debit card or bank account you have selected and placed on file with us for payments during your Service term); (b) all reasonable charges resulting from additional services we may provide or add, including without limitation GSM Primary charges assessed if your broadband communication fails (as described in Section 9.a.iv.), alarm verification services, as required by police or other emergency response policies of any governmental body, or any expenses we otherwise incur at your request; and (c) a reasonable service charge if we respond to a service call or alarm at your Premises which is due to your failure to follow operating instructions or to properly lock or close a window, door or other protected point, or improper or unauthorized adjustment to any of your equipment comprising the System. Payment of each such Additional Charge is due immediately, and we may include all Additional Charges incurred during a monthly billing cycle in the amount billed to you for that cycle.
- We Are Not an Insurer. YOU AGREE THAT: (i) WE ARE NOT AN INSURER OF YOU, OTHER PERSONS LIVING IN, OR PRESENT AT YOUR PREMISES, OR YOUR PREMISES OR ITS CONTENTS; (ii) IT IS YOUR RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERING YOU, YOUR PREMISES AND ITS CONTENTS, AND OTHER MEMBERS OF YOUR HOUSEHOLD AND OTHER AFFECTED PERSONS AND PROPERTY; (iii) OUR SERVICE FEES ARE BASED ON THE DETERRENCE AND OTHER VALUE OF THE SERVICES WE PROVIDE AND OUR LIMITED LIABILITY UNDER THIS AGREEMENT, AND NOT ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS, OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF INJURY (INCLUDING DEATH) TO YOU OR OTHERS; AND (iv) YOUR SYSTEM AND OUR SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT. WE CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT, OR SEVERITY OF ANY DAMAGES OR INJURIES THAT YOU OR OTHERS MAY INCUR WHICH COULD BE DUE TO THE FAILURE OF THE SYSTEM OR SERVICES TO WORK AS INTENDED. AS SUCH YOU AGREE THAT (a) THE LIMITS ON OUR LIABILITY, WAIVERS AND INDEMNITIES, SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES; (b) YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER FOR FINANCIAL PROTECTION FROM SUCH RISKS AND LIABILITIES, AND (c) EXCEPT AS PROVIDED IN SECTION 6 BELOW, YOU WAIVE ALL RIGHTS AND REMEDIES AGAINST US, INCLUDING SUBROGATION, THAT YOU, ANY INSURER, OR OTHER THIRD PARTY MAY HAVE DUE TO ANY LOSSES OR INJURIES YOU OR OTHERS INCUR.
- Limitation of Liability. YOUR EXCLUSIVE REMEDIES FOR OUR LIABILITY ARE SET FORTH IN THIS SECTION. EXCEPT AS PROVIDED IN THIS SECTION, NEITHER WE NOR ANY PERSON OR ENTITY AFFILIATED WITH US SHALL BE LIABLE FOR ANY LOSS, INJURY, OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF EITHER THE SERVICES OR SYSTEM TO WORK AS INTENDED, DELAYS IN THE INSTALLATION OF OR REPAIRS TO YOUR SYSTEM, CYBER SECURITY OR DATA BREACHES, OR ANY OTHER INCIDENTS OR UNDERTAKINGS RELATED TO THE SYSTEM OR THE SERVICES. WE ARE NOT LIABLE FOR INTERRUPTIONS OF OUR SERVICES BEYOND OUR CONTROL, OR ANY RESULTING CONSEQUENCES. SHOULD SUCH INTERRUPTION OCCUR, WE ARE NOT OBLIGATED TO SUPPLY YOU SUBSTITUTE SERVICES. IF WE OR ANY PERSON OR ENTITY AFFILIATED WITH US IS DETERMINED TO BE RESPONSIBLE FOR ANY SUCH LOSS, INJURY, OR OTHER CONSEQUENCE, YOUR CLAIMS AGAINST US SHALL BE LIMITED TO THE LESSER OF (i) $1,000.00; OR (ii) TWELVE (12) TIMES THE TOTAL MONTHLY SERVICE FEE. THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY NO MATTER HOW THE LOSS, INJURY, OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY BREACH OF WARRANTY, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT. AT YOUR REQUEST, WE MAY AGREE TO ASSUME ADDITIONAL LIABILITY BY SIGNING AN AMENDMENT TO THIS AGREEMENT STATING THE EXTENT OF OUR ADDITIONAL LIABILITY AND THE ADDITIONAL COST TO YOU. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT WE ARE AN INSURER. YOU AGREE THAT WERE WE TO HAVE LIABILITY GREATER THAN THAT STATED ABOVE, WE WOULD NOT PROVIDE THE SERVICES. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, PUNITIVE, SPECULATIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST, COMPROMISED OR DAMAGED PERSONALLY IDENTIFIABLE INFORMATION OR OTHER DATA. YOU ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY PROVISION.
- Hold Harmless. IF ANY THIRD PARTY FILES ANY CLAIM OR LEGAL ACTION AGAINST US OR ANY OTHER PERSON OR ENTITY AUTHORIZED TO ACT ON OUR BEHALF, ARISING FROM OUR SERVICES OR YOUR SYSTEM, YOU AGREE TO DEFEND AND HOLD US COMPLETELY HARMLESS FROM ANY SUCH ACTIONS, INCLUDING ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES WE INCUR. THIS INDEMNIFICATION SHALL APPLY EVEN IF SUCH ACTIONS ARISE FROM OUR NEGLIGENCE, BREACH OF THIS AGREEMENT, STRICT LIABILITY, NON- COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATION, OR OTHER FAULT, SUBJECT TO OUR LIMITED LIABILITY SET FORTH ABOVE. UNLESS PROHIBITED BY YOUR PROPERTY INSURANCE POLICY OR OTHER INSURANCE, YOU AGREE TO RELEASE US FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE CARRIERS, AND YOU AGREE TO DEFEND US AGAINST ANY SUCH CLAIM. YOU WILL NOTIFY YOUR INSURANCE CARRIER(S) OF THIS RELEASE.
- Legal Actions. EXCEPT WHERE PROHIBITED BY STATE LAW, NO CLAIM OR LEGAL ACTION EITHER OF US MAY HAVE ARISING OUT OF THIS AGREEMENT, YOUR SYSTEM OR OUR SERVICES (WHETHER BASED ON AGREEMENT, NEGLIGENCE OR OTHERWISE) MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION FOR SUCH CLAIM ACCRUED.
- Standard Services. We provide the following as part of our standard services ("Services"):
- Monitoring Services:
- Procedures: We shall program your System to communicate with our third-party monitoring facility (the "Center"). When the Center receives an actionable alarm signal from your System (an "Alarm Event"), the Center will make reasonable efforts, consistent with local laws and our response policies, to make the appropriate notifications. These notifications may include calls to your Premises, the local emergency response provider (“Emergency Response Provider" or "ERP"), one or more persons designated on your monitoring information schedule (emergency contacts, primary and secondary), as provided by you to us within the Service sign-up process (the "Monitoring Information Schedule") or appropriate Emergency Response Provider.You acknowledge we are subject to various governmental regulations and industry standards designed to reduce false alarms, such as enhanced call verification (known as ECV or 2-call verification). If your jurisdiction requires the use of ECV, when the Center receives an Alarm Event, the Center will first try to call your Premises or a person on the Monitoring Information Schedule, and if there is no answer then will try to call another telephone number on the Monitoring Information Schedule. You agree and acknowledge that providing and maintaining accurate and current contact information in the Monitoring Information Schedule is your sole responsibility. By providing the names and telephone numbers of the persons in the Monitoring Information Schedule, you represent that you have obtained such persons’ consent to our calling those numbers in case of an Alarm Event, including by use of a pre-recorded message and/or autodialing equipment. If there is no answer to both of these calls or the person contacted indicates that an emergency exists, the Center will attempt to notify an appropriate Emergency Response Provider. You understand and agree that ECV and similar standards may result in practices and procedures that delay the notification of authorities of alarm activations, including, without limitation, programmed delays in your System’s communication with our Center and multiple attempts by us to contact the monitored Premises. In the event an Alarm Event is detected, we may, in our sole discretion, endeavor to contact the Premises by telephone to verify that it is not a false alarm. We may, without notice to you, in response to governmental or insurance requirements, or for any other commercially reasonable purpose within our discretion, alter, amend or discontinue any of our policies and procedures for alarm response. Also, you acknowledge and agree that any special instructions provided by you for the handling of alarm signals must be presented and agreed to by us in writing. We may, in our sole discretion, reject your special instructions. You understand that any deviation from our normal Alarm Event handling procedures may result in increased risk of loss or damage to you and your Premises.
- Internet/IP Based Communications: Your System requires broadband internet service (Cable, BPL, DSL, fiber or other) or a cellular based transmitter. YOU ACKNOWLEDGE THAT SIGNAL TRANSMISSION MAY BE INTERRUPTED BY IRREGULARITIES IN THAT SERVICE, POWER OUTAGES OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL, IN WHICH CASE THE CENTER WILL NOT RECEIVE THE SIGNAL FROM THE SYSTEM. You are required to maintain a high-speed/always-on Internet connection at all times. We strongly recommend that you implement uninterrupted power supply (UPS) at your Premises to ensure uninterrupted communication service. If your System includes cellular service, we will utilize a GSM cellular system for transmitting alarm signals from your System to the Center. There may be times when your System will be unable to acquire, transmit, or maintain an alarm signal, and that wireless transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including congestion, wireless carrier maintenance, storms and power failures. We are not responsible for your telephone or internet service. You agree that your telecommunication provider’s liability is limited to the same extent our liability is limited pursuant to the terms of this Agreement and that the Center cannot receive signals should your System’s mode of signal transmission become interrupted, non-operational, or damaged. You also acknowledge that your System is a non-supervised reporting device, and that we will not be aware of any interruption in the communication of your System with our Center. If your service utilizes broadband internet service or VoIP, you acknowledge and agree that you will maintain 120V AC power supply and battery backup for each device; (ii) you are responsible for your IP service or network; (iii) you may be required to maintain a static IP address, which may require you to incur additional costs; (iv) you may be required to open certain port(s) on your firewall for proper communication; and (v) you are responsible for the configuration and battery backup of your routers, firewalls, switches, and hubs, if applicable, to ensure communication with our Center. Further, you acknowledge that we are not liable for any loss or damage to any computer system or electronic data due to your selection of IP based alarm services.
- Telephone Communication: We strongly recommend that you provide a traditional telephone connection to the Public Switched Telephone Network to minimize interruptions of communications between the System and the Center. You acknowledge and agree that without either a traditional or non-traditional telephone line, your service is fully dependent on your Internet/broadband connection. Should that connection be lost for any reason, communication to the monitoring center will also be lost until such connection is reestablished. A traditional telephone connection would have priority over any other telephone or other equipment. You acknowledge that your use of non-traditional phone services such as DSL, ADSL, Digital Phone, Voice over Internet Protocol (VoIP), or other Internet based phone services may cause signal transmission to our Center to be interrupted and that we do not recommend use of such services for signal transmission unless supplemented by a cellular backup service provided by us. If your System is operating over such nontraditional service, or if you change your phone service to a nontraditional provider after installation, you acknowledge that signal transmission may be interrupted by irregularities or changes in that service, power outages, and other circumstances beyond our control. ACCORDINGLY, IMMEDIATELY AFTER ANY INSTALLATION OF DSL, DIGITAL PHONE, VoIP, OR OTHER BROADBAND OR INTERNET SERVICE IN YOUR PREMISES, YOU MUST TEST THE SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTER.
- Internet-connected System without a Broadband connection: In the event that you elect to use a broadband internet service for System connectivity and you fail to install or maintain that broadband connection to your System for an extended period of time (beyond a temporary signal disruption), as shall be determined by Lifeshield, Lifeshield reserves the right (but has no obligation) to ensure connectivity of your System to the Center through a cellular phone connection (“GSM Primary”). Such cellular phone connectivity will subject your System to a monthly GSM Primary charge that will be added to your next monthly bill and subsequent bills until your System is reconnected via your broadband internet service. GSM Primary charges will not be prorated. Once your System is reconnected to your broadband internet service, the GSM Primary charges will be removed commencing your next billing period. Section 10 explains the GSM Primary service.
- Alarm Verification: If your police department or Emergency Response Provider now or in the future requires physical or visual verification of an emergency condition before responding to a request for assistance, you agree to subscribe to such service if provided by us, or otherwise comply with such requirements. We may charge an additional fee for such service.
- Practice Period: You agree that during the seven (7) day Practice Period following activation of your System we have no obligation to, and will not, notify any authorities, you, or emergency contacts if we receive an alarm signal, even if due to an actual emergency event. Once the online registration of Services has been completed by you, you may stop this Practice Period at any time by calling us; provided, however, that if an alarm permit for the Premises is required to be filed by your local authorities (any such location registration of the Premises, an "Alarm Permit"), we will extend the Practice period until the Alarm Permit requirements are fully completed.
- Detection of Smoke Alarm Signals: We will monitor fire safety sensors installed in your System and designed to receive signals from your existing smoke or carbon monoxide ("CO") detectors, which smoke and CO detectors are neither provided nor monitored by us. Our fire safety sensors may not function if electrical power is cut and the back-up battery system is low or fails, or in situations where a fire causes electrical failure before smoke is detected. FOR FIRE SAFETY SENSORS TO OPERATE AS INTENDED: (1) OUR FIRE SAFETY SENSORS MUST BE INSTALLED IN ACCORDANCE WITH OUR SETUP INSTRUCTIONS; AND (2) YOU MUST INSTALL AND MAINTAIN SEPARATE BATTERY POWERED SMOKE DETECTORS AND/OR CO DETECTOR, AND REPLACE BATTERIES AS NEEDED. YOU ACKNOWLEDGE THAT WE DO NOT SUPPORT FIRE, SMOKE OR HEAT DETECTION AT ANY LOCATION, INCLUDING WITHOUT LIMITATION, AS MAY BE REQUIRED BY FIRE MARSHALL CODES. WE DO NOT PROVIDE ANY WARRANTIES REGARDING FIRE, SMOKE, CO OR HEAT DETECTION FOR ANY USERS.
- Water Intrusion Detection: In the event that you elect to upgrade the System by purchasing a separate Water Intrusion Detection Device, we will monitor the Water Intrusion sensor(s) installed with your System. You acknowledge that, depending on the placement of water sensors (which, unless specified in our instructions, shall be at your sole discretion), water intrusion may not always be detected.
- Duress Signal Monitoring: If you elect to set up duress signal monitoring, at your option, (i) you can contact Lifeshield and we will assist you in creating a special duress code, or (ii) you can unilaterally create your unique special duress code at https://login.lifeshield.com or from iOS or Android Applications. Your personal duress code will be required to disarm the System when being forced by an intruder to do so. Your dialing the duress code will give an appearance that the System has been disarmed, where in fact the Center will receive a duress-related Alarm Event. When the Center receives a duress-related Alarm Event, we will make reasonable efforts, consistent with local laws and our response policies, to notify appropriate local Emergency Response Providers.
- Panic Button Monitoring: We shall program your System to communicate with our Center when you activate the panic feature of your System at the keypad. When the Center receives a panic-related Alarm Event, we will make reasonable efforts, consistent with local laws and our response policies, to make the appropriate notifications. These notifications may include the local Emergency Response Provider, the person designated on your Monitoring Information Schedule or the monitored Premises. The provisions of Section 9(a) relating to Alarm Events shall apply to panic-related Alarm Events.
- Temperature Monitoring: In the event that the system you purchased includes a Temperature Monitoring Device or you elect to upgrade the System by purchasing a separate Temperature Monitoring Device, we will monitor the Temperature Monitoring sensor(s) installed with your System. You acknowledge that, depending on the placement of temperature sensors (which, unless specified in our instructions, shall be at your sole discretion), temperature fluctuations within the Premises may not always be detected. You further acknowledge that the purpose of the Temperature Monitoring Device is to monitor the temperature near the Temperature Monitoring Device in the event that fluctuations in temperature could be harmful to inhabitants, pets or damaging to property such as water pipes. The Temperature Monitoring Device is not designed, or intended, to detect fire in the Premises.
- Push, Email and Text Messages: Based on your account configuration, you may have elected and consented to receive Push Notifications, E-mail or text messages notifying you of arm and disarm events that occur with your System. You agree that these notifications are not intended to replace our professional monitoring services and you understand there is inherent risk associated with response to potential alarm events. Under no circumstances will we be liable for any loss, injury or damage of any kind incurred as a result of your self-response to these notifications. We are not responsible for any software or hardware purchases necessary for you to remotely access your System. Also, we are not responsible for your internet, cellular or telecommunication services, which can be affected by conditions beyond our control. We are not responsible for message delivery times, which can vary greatly and are not guaranteed. Standard internet service provider, text messaging and cellular data rates from your carrier and service providers may apply.
- LifeShield Web and Mobile: You will have access to your monitoring account via an internet, mobile, or other connection, and will be able to remotely arm, disarm and make changes to, and receive various notifications from your System. We are not responsible for any software or hardware purchases necessary for you to remotely access your System. Also, we are not responsible for your internet, cellular or telecommunication services, which can be affected by conditions beyond our control and which can affect your ability to access your monitoring account.
- Additional Optional Services. The Services may also include optional services which you have selected and available under the following provisions (additional charges may apply):
- GSM Backup and GSM Primary Cellular Services: Included in your System is a GSM Backup Cellular Service which, at no cost to you, will serve as a backup communication link with our Center in the event that your primary communication link to our Center (i.e., your internet connection) is disrupted. At your election and for an additional monthly service fee, we will provide you with GSM Primary Cellular Service which will establish your System’s primary communications link with our Center via a cellular connection. For each primary communication link, GSM Backup Cellular Service and GSM Primary Cellular Service, you acknowledge there may be times when your System will be unable to acquire, transmit, or maintain an alarm signal, and that radio frequency transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including cellular system congestion, maintenance by wireless carriers, the location/construction of your home, the location of your home modem, storms and power failures. Also, changes in rules, regulations and policies of the FCC and other governmental bodies may require discontinuation or modification of some or all of these cellular services. Should your cellular transmitter malfunction, it could interfere with the proper operation of the entire network communicating with our Center and other communications transmissions. FCC regulations require that we or our contractors or designees have immediate access to your transmitter in the event of such a malfunction or emergency, and you agree to permit access to such persons in such an event. Should you refuse to provide such access, you agree we will be entitled to obtain an ex parte court order permitting access to either repair or remove the transmitter, or take such other steps as are appropriate under the circumstances. You agree to pay all reasonable expenses, including attorneys’ fees, we incur in connection with such proceedings.
- Cameras and Doorbells– Audio and Video Recordings. With the optional Camera Video Service, you can elect to subscribe to either Basic Video Service or Advanced Video Service. Basic Video Service will allow you to record and save images and audio (depending on camera model) collected from your camera feed(s) (either still shots or video), for the past 30 days. With Advanced Video Service, your storage of data collected from your camera will be limited to the past 60 days of data. If you elect to self-monitor you receive free camera storage for 30 days. At the end of your 30-day trial you may renew your camera storage option and be billed monthly. Failure to renew at the end of the trial period will result in the termination of camera storage and the loss of media stored through LifeShield, older than 24 hours. LifeShield will not delete any saved media, only media that is older than 24 hours. At the end of the trial if you fail to renew your camera storage option, your video will only be stored for 24 hours. Data protection and privacy laws where you live may impose certain requirements and/or limitations on your use of audio and video recordings. In the event that you elect to upgrade the System with Camera Video Service, you acknowledge and agree that: (i) the video camera(s) is for the safety and security of the residents, invitees, and other persons at the Premises, and for no other purpose; (ii) we recommend that the video cameras only be installed in public/communal areas within the Premises (i.e., avoid being installed or utilized in any area where persons have an expectation of privacy, such as bedrooms, bathrooms, etc.), provided that Customer shall ultimately determine the placement of the camera; (iii) you will provide adequate illumination under all operational conditions for the proper operation of each device and will provide the 120 AC power supply where required (AC16~24V for wired doorbell); (iv) some devices may be configured to provide remote viewing via the internet. In such cases, we are not responsible for your communication or internet services, which may be affected by conditions beyond our control. You acknowledge that any interruptions in your communication or internet service may cause the audio/video services to fail to operate as intended and that video camera installation location may be limited by the internet signal strength available within the Premises. The optional Doorbell Camera/s allows you to control the configuration and settings as to how LifeShield gathers audio and video recordings. LifeShield Video Doorbell Camera/s allows you to see, hear and talk from the LifeShield mobile app through the doorbell camera/s. Enabling the recording of your Video Doorbell Camera/s allows LifeShield to process and store audio, audio streams, images, remarks, data and video from the device regardless of your set-up or settings. This includes capturing and informing you of the clips of data as a part of a notification and analyzing the data to recognize motion, ring and/or other events. If you choose to allow notifications, we will process information from your LifeShield Video Doorbell Camera/s to send you alerts when an event occurs. Also, if the recordings feature is enabled, LifeShield Video Doorbell Camera/s will capture, process and store audio, and video recordings from your device for the duration of your video storage plan (for example 24 hours, 30, or 60 days) and you will be able to access those recordings using the provided services during that time.
- Customer Duties. In addition to your other obligations under this Agreement, you must (i) instruct all persons who use the System on its proper use; (ii) test your System’s protective devices and send test signals at least monthly to our Center; (iii) remove all items that interfere with alarm detection devices; (iv) replace batteries powering alarm devices as needed; (v) notify us immediately of a problem with your System; (vi) obtain and keep in effect all permits and licenses required for the installation and operation of your System; (vii) pay all governmental usage fees and taxes imposed on or in connection with your System; (viii) provide us and maintain a complete and accurate Monitoring Information Schedule and promptly notify us in writing of any changes to it; (ix) provide us any other emergency information we may request; and (x) notify us prior to any change in your phone service, including but not limited to a disconnection of your regular phone line or any change in vendors of your digital or VoIP service. Your failure to perform under this paragraph is a material breach of this Agreement. You agree that we may provide the information on the Monitoring Information Schedule to any governmental authority having jurisdiction over us or your System. LOCAL AUTHORITIES MAY IMPOSE PERMIT FEES THAT YOU WILL HAVE TO PAY TO OBTAIN NECESSARY ALARM PERMITS. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS FROM, AND MAY LEVY FINES FOR DISPATCH TO, UNPERMITTED OR UNLICENSED PREMISES. THEREFORE WE MAY NOT MONITOR YOUR SYSTEM OR DISPATCH EMERGENCY RESPONSE PERSONNEL UNTIL YOU HAVE OBTAINED AT YOUR EXPENSE ALL NECESSARY ALARM PERMITS, AND PROVIDED US WITH THE ALARM PERMIT NUMBER. You can direct any problems and inquiries regarding the Services or the System to LifeShield at PO Box 580, 980 Wheeler Way, Langhorne, PA 19047-9998 Attn: Customer Service, phone: 1-888-723-8894.
- Termination: We may terminate this Agreement at any time for any of the following reasons, in which event we will refund any advance payments you may have made beyond the termination date, less any amount still due from you, if applicable:
- Our monitoring center, equipment or facilities, or the telephone network, are destroyed, damaged or malfunction, so that it is impractical for us to continue providing the services;
- We determine that it is impractical to continue providing our services due to the modification or alteration of your monitored residence after installation of your System, or that the condition of your residence presents an undue risk to our service personnel;
- Your System generates excessive false alarms due to circumstances beyond our control;
- If you are a member of a branch of the United States armed forces or reserves and are called for military duty away from your residence. You must contact us by calling (866) 222-8580 and providing proof of your service. You must mail the supporting paperwork to PO Box 580, 980 Wheeler Way, Langhorne, PA 19047-9998; or
- If Customer dies during the term of the Agreement. The executor of the Subscriber’s estate or next of kin should contact us and provide us with a valid death certificate.
You promise not to hold us liable for any losses you may experience as a result of our termination of this Agreement for any of these reasons.
- Termination With 30 Days Notice: We may upon thirty (30) days prior written notice to you, suspend your service or terminate this Agreement for any of the following reasons:
- You fail to pay any fees when due under this Agreement;
- You otherwise fail to comply with your obligations under this Agreement;
- You fail to follow operating instructions for your System, or tamper with or allow unauthorized persons to access or repair your System, which causes the system to malfunction; or
- You become a debtor in a bankruptcy proceeding.
- Charges to Credit or Debit Card as Result of Termination; Collections. Pursuant to Section 2 above you authorize us to make charges to the credit card, debit card or bank account you select. You understand that you will incur fees and charges as a result of your receipt and use of the Service and the System. By giving us your credit or debit card account information at any time, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation. You also acknowledge and agree that you are required to maintain current credit or debit card information with us and agree to notify us whenever there is change in such information, such as a change in card number or the expiration date and additionally, that LifeShield may obtain such updated information through payment card networks, card issuers or other third-party sources. If, at the time of termination, you have made any advance payments owed to us beyond the termination date, we will subtract from the amount of any unused payments any amounts you may owe us at that time for any equipment we own. We then either will send you a refund for the amount remaining from the advance payments or will let you know the amount remaining you owe us. In addition, you also promise to pay us any reasonable fees and expenses we may incur in collecting any amount owed under this Agreement, including reasonable attorneys’ fees. You also agree not to hold us liable for any losses you may experience as a result of our suspension of your Services or termination of this Agreement for any of these reasons. If you or we suspend or terminate your Services, the System will not operate and our Center will not provide Service. If you are past due or in default, we are authorized to seek collection of the past due amount. To the extent permitted by law, you agree to waive the applicable provisions of the Fair Debt Collection Practices Act by allowing and requesting us to contact you for the purposes of collecting a debt. We may transfer any past due account to an independent third-party collection agency for the purpose of collecting a debt. You will be responsible for paying the entire remaining balance owed under the Agreement as well as all fees assessed by the collection agency, to the extent allowed by applicable law. You acknowledge that any attempts to collect a debt by a third-party collection agency are not to be attributed to us.
- Passwords. You must create a password for your System. You will be asked for your password when making changes or inquiries with regard to your account, and in connection with Alarm Events. If you share your password with others, they will have the ability to make changes to your account, including address updates, changes to emergency contact information and TO CHANGE THE PASSWORD, WITHOUT YOUR KNOWLEDGE. Accordingly, you agree to (i) keep login and password confidential and not share them with anyone else; (ii) immediately notify us of any unauthorized use of your password and account or other breach of security and (iii) use only your login and password to log in to your LifeShield account. We will not be liable for any claims, liabilities, damages, losses or expenses arising from the use of your account or password by third parties.
- Assignment; Third-Party Beneficiaries. You may not assign this Agreement without our written consent, and any attempted assignment by you will be void. This Agreement applies only to the Premises described herein and may not be transferred to a different location. We may assign this Agreement or subcontract any of our obligations under this Agreement without your consent and without notice to you. This Agreement, and particularly Sections 4, 5, 6, and 7, shall apply to the work and services our assignees, affiliates (including our parent company) or subcontractors provide, and shall extend to and protect our assignees, affiliates and subcontractors in the same manner it applies to and protects us. OUR CONTRACTORS AND AFFILIATES SHALL BE DIRECT AND INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT AND MAY ENFORCE IT DIRECTLY AGAINST ANY OTHER PARTY HERETO.
- Governing Law; Notice. This Agreement shall be governed by applicable Federal laws and the laws of the state and local area where Service is provided to you. This Agreement is subject to modification if required by such laws. Notwithstanding the foregoing, Section 19 ("Resolving Disputes") shall be governed by the Federal Arbitration Act. Notices are considered delivered when we send them by email or fax to any email address or fax number you have provided to us, or three (3) days after mailing to the most current billing address we have on file for you, if sent by us, or to LifeShield, LLC at PO Box 580, 980 Wheeler Way, Langhorne, PA 19047-9998, Attn: Customer Service, if sent by you. For Cancellation Notices that are mailed, the Cancellation Notice attached to this Agreement must be postmarked on or prior to the date indicated on the Cancellation Notice to be deemed timely given.
- Entire Agreement; Severability; Survival. This Agreement is the entire agreement between you and us, and supersedes all previous contracts between you and us regarding alarm monitoring or similar services at the Premises. You agree that we are not bound by and you have not relied on any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement. The terms and conditions of this Agreement shall govern over the provisions of any other document with inconsistent terms. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. A waiver of any part of this Agreement in one instance isn’t a waiver of any other part or any other instance. The provisions of Sections 4, 5, 6, 7, 17, and 19, shall survive the termination or expiration of this Agreement and your account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, or any sale by us of your account. The provisions of Sections 4, 5, 6, 7, and 19 of this Agreement shall inure to the benefit of our parent, subsidiaries, affiliates, predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities.
- Prior Agreements. You represent and warrant that your execution of this Agreement, and your cancellation or termination of any contract you may have with third parties regarding alarm services incident to your entering into this Agreement, does not breach and will not breach any contract you may have with any other person. You agree to defend and, to the extent permitted by law, indemnify us and our representatives from and against and pay (without any condition or obligation that we first pay) for all claims, demands, suits, liabilities, losses, damages, judgments, costs and expenses as a consequence of your breach of this representation and warranty.
- Execution. The parties agree that this Agreement and any signatures on it may be transmitted and delivered by facsimile, internet, or other electronic means, and all such signatures and electronic transmissions of this Agreement are to be treated as originals for all purposes and given the same legal force and effect as a signed paper contract. In addition, this Agreement may be signed and accepted electronically by both parties, and the mutually accepted version of this Agreement, whether printed or electronic, also is to be treated as an original for all purposes, with the same legal force and effect as a signed paper contract.
If a signed paper contract is desired please mail to:
PO Box 580, 980 Wheeler Way
Langhorne, PA 19047-9998
- Resolving Disputes. In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to or arising out of this Agreement, including any addendum thereto or our Services and the System (referred to as a "Claim") will be resolved as follows:
- Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing. Such notices are to be sent in accordance with Section 15 above.
- Formal Resolution; BINDING ARBITRATION. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this Agreement. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
- Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
1717 Arch Street
Philadelphia, PA 19103
- Send one copy of the demand for arbitration to the other party.
- Special Rules. (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration. Notwithstanding the foregoing, you may assert an individual action in small claims court in lieu of arbitration.
- Licensing Information. ALARM COMPANY OPERATORS AND CONTRACTORS MAY BE LICENSED AND REGULATED BY THE STATE IN WHICH YOUR SYSTEM IS LOCATED. In Utah license number 6672683-6501, Department of Occupational & Professional Licensing, P.O. Box 146741, Salt Lake City, UT 84114-6741, (801) 530-5495; in Delaware license number 07-220, Delaware State Police, Detective Licensing, P.O. Box 430, Dover, DE 19903, in Virginia license number 11-5293, Department of Criminal Justice Service, Private Security Services Section, 202 North Ninth Street, 5th Floor, Richmond VA 23219, (804) 786-4700; in Maryland license number 107-1421, Maryland State Police, 7751 Washington Boulevard, Jessup; in New Jersey license number BX000069, New Jersey Division of Consumer Affairs Alarm and Locksmith Advisory Committee, 124 Halsey Street, Newark, NJ 07102; in Oklahoma license 1563, Oklahoma State Department of Health, Occupational Licensing Division Alarm Program, 1000 NE 10th Street, Oklahoma City, OK 73117-1299; in Tennessee license 00001723, State of Tennessee Alarm Systems Contractors Board, 500 James Robertson Parkway, Nashville, TN 37243-1168; in Texas license B18675; contact information of the Texas Department of Public Safety for purposes of directing complaints: PO Box 4087, Austin, TX 78773-001, (512) 424-7293; Arizona 18356-0; California, ACO 6556; in California, ALARM COMPANY OPERATORS ARE LICENSED AND REGULATED BY THE BUREAU OF SECURITY AND INVESTIGATIVE SERVICES, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO,CALIFORNIA 95814;; Florida EF-20001251; Georgia LVA205828;; New York 12000058302, Licensed by the N.Y.S. Dept. of State; North Carolina 27567-SP-FA/LV, 2000-CSA, PBN 007788P7; South Carolina BAC13566; MN TS679721; Pennsylvania HIC.PA115798.
- By purchasing the LifeShield Home Security System, You agree to the Terms of Service.