ALARM MONITORING LIABILITY AGREEMENT

THIS IS AN AGREEMENT BETWEEN YOU (“SUBSCRIBER”), COPS MONITORING, CRITICOM MONITORING SERVICES, and/or AVANTGUARD MONITORING SERVICES (“COMPANY”) AND VANGUARD SECURITY CORPORATION (“DEALER”), FOR THE PURPOSE OF PROVIDING ALARM MONITORING OF THE SECURITY SYSTEM AT THE ADDRESS SUPPLIED BY SUBSCRIBER. AN INSTALLER HIRED BY THE SUBSCRIBER TO PROVIDE MONITORING SERVICE SHALL BE CONSIDERED A SUBSCRIBER.

1. TERMINATION. COMPANY OR DEALER MAY SUSPEND MONITORING SERVICES OR TERMINATE THIS AGREEMENT AT ANY TIME.

2. DISCLAIMER/LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE: THAT NEITHER COMPANY, DEALER NOR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS OR EMPLOYEES (COLLECTIVELY, "REPRESENTATIVES") IS AN INSURER; THAT YOU CURRENTLY HAVE AND SHALL ALWAYS MAINTAIN INSURANCE COVERING YOU, YOUR FAMILY, YOUR EMPLOYEES AND OTHERS WHO MAY BE ON YOUR PREMISES FOR MEDICAL, DISABILITY, LIFE, AND PROPERTY DAMAGE; THAT RECOVERY FOR ALL SUCH LOSS, DAMAGE, COST AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY; AND THAT COMPANY, DEALER AND REPRESENTATIVES ARE RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL OR VIDEO IMAGE, OR OPERATE ANY MONITORING FACILITY. YOU FURTHER UNDERSTAND AND AGREE: THAT SHOULD THERE ARISE ANY LIABILITY ON PART OF COMPANY, DEALER OR REPRESENTATIVES FOR ANY LOSS, DAMAGE, COST OR EXPENSE DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, PRODUCT OR STRICT LIABILITY, BREACH OF WARRANTY, EXPRESS OR IMPLIED, BREACH OF CONTRACT,EXPRESS OR IMPLIED, OR FOR CONTRIBUTION OR INDEMNIFICATION, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $25O.OO COLLECTIVELY FOR COMPANY, DEALER AND REPRESENTATIVES. IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY, AS A MATTER OF RIGHT, OBTAIN A HIGHER LIMIT BY PAYING A CHARGE FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS CHARGE OR ANY HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY, DEALER OR REPRESENTATIVES AS AN INSURER.

3. TRANSMISSION OF DATA VIDEO OR VOICE. YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM IS A NON-SUPERVISED REPORTING DEVICE. IF THE TRANSMISSION MEDIUM FOR DELIVERY OF DATA, VIDEO IMAGES OR VOICE OR OTHER AUDIO COMMUNICATIONS FROM YOUR SYSTEM TO THE MONITORING FACILITY IS INCOMPATIBLE WITH THE SYSTEM OR IS INOPERATIVE, CIRCUMVENTED, COMPROMISED OR INTERRUPTED BY NATURAL OR HUMAN CAUSES INCLUDING, WITHOUT LIMITATION, THE CUTTING OF THE TELEPHONE LINE, RADIO TRANSMISSION INTERFERENCE, POWER LINE SURGES OR OUTAGES, INTERNET OR BROADBAND PROBLEMS AND INTERNET OR BROADBAND PROVIDER PROBLEMS, THERE IS NO INDICATION OF THIS FACT AT THE MONITORING FACILITY. FURTHER, YOU UNDERSTAND THAT (i) A VIDEO SYSTEM ENABLES COMPANY/DEALER TO VIEW YOUR PREMISES ("PREMISES"), AND (ii) A TWO-WAY VOICE SYSTEM ENABLES COMPANY TO "LISTEN-IN" TO YOUR PREMISES. YOU AUTHORIZE AND CONSENT TO COMPANY OR DEALER VIEWING YOUR PREMISES AND THE AREA OUTSIDE OF YOUR PREMISES AND LISTENING-IN AND RELEASE COMPANY, DEALER AND REPRESENTATIVES FOR ALL CLAIMS, LOSSES, DAMAGES, COSTS AND EXPENSES DUE TO COMPANY/DEALER VIEWING YOUR PREMISES AND THE AREA OUTSIDE OF YOUR PREMISES AND LISTENING-IN TO YOUR PREMISES.

4. RELEASE OF INSURED LOSSES AND WAIVER OF SUBROGATION. YOU HEREBY WAIVE ANY RIGHTS YOUR INSURANCE COMPANY MAY HAVE TO BE REIMBURSED BY COMPANY, DEALER OR REPRESENTATIVES FOR MONEY PAID TO YOU OR ON YOUR BEHALF YOU HEREBY RELEASE COMPANY, DEALER AND REPRESENTATIVES FOR ALL LOSSES, DAMAGES AND EXPENSES WHICH ARE INSURED.

5. INDEMNIFICATION. IF ANYONE OTHER THAN YOU, INCLUDING YOUR INSURANCE COMPANY, ASKS COMPANY, DEALER OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (i) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (ii) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE BY COMPANY, DEALER OR REPRESENTATIVES, (iii) FAILURE OR MALFUNCTION OF THE SYSTEM OR THE MONITORING FACILITY, (iv) RECORDING OF COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (v) PRODUCT OR STRICT LIABILITY, OR (vi) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT COMPANY, DEALER OR REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY COMPANY, DEALER OR REPRESENTATIVES.

6. SUSPENSION OF SERVICE. SHOULD THERE BE A TERMINATION OR SUSPENSION OF THE CONTRACT BETWEEN DEALER AND COMPANY, OR UPON TERMINATION OR SUSPENSION OF MONITORING SERVICES FOR ANY REASON UNDER COMPANY'S CONTRACT WITH DEALER, OR IF THE SYSTEM EXCESSIVELY SENDS VIDEO IMAGES OR SIGNALS TO COMPANY'S MONITORING FACILITY, SUBSCRIBER UNCONDITIONALLY AND IRREVOCABLY AUTHORIZE COMPANY OR DEALER TO, WITHOUT LIMITATION, CONCURRENTLY OR CONSECUTIVELY, DO ANY ONE OR MORE OF THE FOLLOWING: IGNORE ALL VIDEO IMAGES AND SIGNALS RECEIVED FROM THE SYSTEM, DISCONNECT THE SYSTEM, OR RENDER THE SYSTEM INCAPABLE OF SIGNALING LOCALLY OR COMMUNICATING WITH THE MONITORING FACILITY BY DELETION OR MODIFICATION OF DATA NECESSARY TO OPERATE THE SYSTEM AND COMPANY'S AND DEALER’S OBLIGATIONS HEREUNDER ARE WAIVED AUTOMATICALLY WITHOUT NOTICE TO YOU. SUBSCRIBER AGREES THAT COMPANY'S, DEALER’S OBLIGATIONS HEREUNDER ARE WAIVED AUTOMATICALLY WITHOUT NOTICE AND YOU RELEASE COMPANY, DEALER FOR ALL LOSS, DAMAGE AND EXPENSE IN THE EVENT THE MONITORING FACILITY, EQUIPMENT OR FACILITIES NECESSARY TO OPERATE THE SYSTEM OR MONITORING FACLITY ARE INTERRUPTED, CIRCUMVENTED, COMPROMISED, DESTROYED, DAMAGED, INOPERABLE OR MALFUNCTION (COLLECTIVELY, AN "INTERRUPTION") FOR ANY REASON WHATSOEVER INCLUDING, WITHOUT LIMITATION, COMPANY'S/DEALER’S SOLE, JOINT OR SEVERAL NEGLIGENCE, FOR THE DURATION OF SUCH INTERRUPTION OF SERVICE. SERVICES WILL BE SUSPENDED AFTER 7 DAYS OF NON-PAYMENT AND CANCELLED AFTER 10 DAYS OF NON-PAYMENT.  IF THIS IS A MONITORING ACCOUNT PAID THROUGH A SUBSCRIBER'S HIRED INSTALLER THEN VANGUARD SECURITY CORPORATION HAS THE RIGHT TO CONTACT THE SUBSCRIBER AND NOTIFY THEM OF NON-PAYMENT FROM THEIR INSTALLER AFTER 10 DAYS AND OFFER THE SUBSCRIBER ALARM MONITORING WITH DIRECT BILLING THROUGH VANGUARD SECURITY CORPORATION AT OUR THEN CURRENT ALARM MONITORING RATES.

7. FALSE ALARMS AND PERMITS. IN THE EVENT THE SYSTEM IS ACTIVATED FOR ANY REASON WHATSOEVER, SUBSCRIBER SHALL PAY, WITHOUT ANY RIGHT TO BE REIMBURSED BY COMPANY OR DEALER ALL FINES, FEES, COSTS, EXPENSES AND PENALTIES ASSESSED AGAINST SUBSCRIBER OR COMPANY/DEALER BY ANY COURT OR GOVERNMENTAL AGENCY. SUBSCRIBER AGREES TO OBTAIN AND MAINTAIN ANY NECESSARY ALARM REGISTRATION AND PERMITS REQUIRED BY LOCAL GOVERNMENT AGENCIES. ANY FINES, FEES, PENALTIES ASSESSED AGAINST COMPANY OR DEALER FOR FAILURE TO OBTAIN OR MAINTAIN REQUIRED DOCUMENTATION SHALL BE PAID BY SUBSCRIBER.

8. BINDING AGREEMENT. THIS AGREEMENT BECOMES BINDING UPON COMPANY, DEALER AND SUBSCRIBER WHEN CUSTOMER (SUBSCRIBER) ACCEPTS THIS AGREEMENT ELECTRONICALLY DURING PURCHASE CHECKOUT ON DEALER'S WEBSITE. IF NOT ACCEPTED DURING CHECKOUT MONITORING SERVICES SHALL NOT BE PROVIDED BY COMPANY OR DEALER AND PURCHASE IS VOID.

9. APPLICABLE LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF PENNSYLVANIA.

10. TYPE AND PLACE OF SUIT. SUBSCRIBER, COMPANY, AND DEALER EACH UNCONDITIONALLY AND IRREVOCABLY AGREE THAT ALL CLAIMS, ACTIONS OR PROCEEDINGS ARISING OUT OF OR FROM, IN CONNECTION WITH, AS A RESULT OF, RELATED TO OR AS A CONSEQUENCE OF THIS AGREEMENT OR THE SERVICES (A "SUIT') SHALL BE LIMITED TO BREACH OF THIS AGREEMENT ONLY (ALL OTHER TYPES OF CLAIMS BEING HEREBY WAIVED AND COMPANY, DEALER AND REPRESENTATIVES BEING HEREBY RELEASED) BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE DISTRICT OR COUNTY WHERE COMPANY'S MONITORING FACILITY IS LOCATED AND YOU, COMPANY AND DEALER EACH UNCONDITIONALLY AND IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THESE COURTS.

11. SERVICE OF PROCESS. SUBSCRIBER, COMPANY AND DEALER EACH AUTHORIZE AND CONSENT TO SERVICE OF PROCESS BY U.S. MAIL, CERTIFIED, RETURN RECEIPT REQUESTED, OR NATIONAL OVERNIGHT COURIER SERVICE (WITH CONFIRMATION OF RECEIPT).

12. WAIVER OF TRIAL BY JURY. SUBSCRIBER, COMPANY AND DEALER EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUIT BROUGHT BY EITHER PARTY.

13. CONTRACTUAL LIMITATION OF ACTIONS. ALL SUITS AGAINST COMPANY, DEALER OR REPRESENTATIVÉS MUST BE COMMENCED IN COURT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED, WITHOUT JUDICIAL EXTENSION OF TIME, OR SAID SUIT IS BARRED. THE TIME PERIOD IN THIS PARAGRAPH MUST BE STRICTLY COMPLIED WITH.

14. ASSIGNABILITY OF AGREEMENT. THIS AGREEMENT IS NOT ASSIGNABLE BY SUBSCRIBER. THIS AGREEMENT OR ANY PORTION THEREOF IS ASSIGNABLE BY COMPANY OR DEALER AND, UPON ASSIGNMENT, COMPANY AND DEALER SHALL HAVE NO FURTHER DUTY OBLIGATION, RESPONSIBILITY OR LIABILITY TO SUBSCRIBER.

15. MONITORING SERVICE. MONITORING SERVICE CONSISTS SOLELY OF MONITORING SERVICE PERSONNEL ("OPERATOR") COMMUNICATING ELECTRONICALLY WITH FIRST RESPONDERS OR CALLING BY TELEPHONE THE TELEPHONE NUMBERS SUPPLIED BY SUBSCRIBER OR DEALER IN WRITING FOR THE POLICE, SHERIFF, FIRE, MEDICAL, AMBULANCE, GUARD, PATROL AND RESPONSE SERVICES, AND OTHER GOVERNMENTAL, QUASI-GOVERNMENTAL, PRIVATE OR VOLUNTEER AGENCIES, DEPARTMENTS AND ORGANIZATIONS (COLLECTIVELY, "FIRST RESPONDERS”) AND PERSONS IDENTIFIED BY SUBSCRIBER AS YOUR EMERGENCY CONTACTS (THE “CALL LIST”) WITHIN A REASONABLE PERIOD OF TIME UNDER THE CIRCUMSTANCES AT THE MONITORING FACILITY AND THE PRIORITY OF THE SIGNALS WHICH ARE IDENTIFIED IN WRITING ("LISTED CODES") OR VIDEO IMAGES WHICH, IN THE OPERATOR'S SOLE AND ABSOLUTE DISCRETION, CLEARLY AND CONSPICUOUSLY REVEAL THE NECESSITY FOR MONITORING SERVICES APPEAR ON THE OPERATOR'S COMPUTER SCREEN AT THE MONITORING FACILITY OR WHEN VOICE COMMUNICATION REQUESTING ASSISTANCE IS RECEIVED BY AN OPERATOR FROM YOU OR FROM THE PREMISES (COLLECTIVELY, "MONITORING SERVICES"). NO MONITORING SERVICE SHALL BE RENDERED FOR VOICE COMMUNICATION WHICH DOES NOT REQUEST ASSISTANCE OR FOR VIDEO IMAGES WHICH DO NOT CLEARLY AND CONSPICUOUSLY REVEAL THE NECESSITY FOR MONITORING SERVICE. IN THE EVENT A SIGNAL IS RECEIVED AT THE MONITORING FACILITY WHICH IS NOT A LISTED CODE, YOU AGREE THAT COMPANY'S SOLE DUTY AND OBLIGATION IS FOR COMPANY TO LOG THE SIGNAL (THE "UNLISTED CODE POLICY”). IF THE PREMISES IS LOCATED IN A JURISDICTION REQUIRING A PERSONAL VERIFIED ON-SITE RESPONSE (“VERIFIED RESPONSE”) PRIOR TO DISPATCHING A FIRST RESPONDER, IT IS SUBSCRIBER'S SOLE RESPONSIBILITY TO ENGAGE A SERVICE TO PROVIDE SUCH VERIFIED RESPONSE. ALL FEES, COSTS AND EXPENSES IN CONNECTION WITH VERIFIED RESPONSE SHALL BE BORNE BY SUBSCRIBER ONLY NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, (A) UPON RECEIPT OF A LISTED CODE OR VIDEO IMAGES AND PRIOR TO COMMUNICATING ELECTRONICALLY OR BY TELEPHONE TO FIRST RESPONDERS OR THE CALL LIST COMPANY MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ANY LIABILITY, ATTEMPT TO TELEPHONE THE PREMISES OR ATTEMPT TO CONTACT SUBSCRIBER THROUGH TELEPHONE, ELECTRONIC MAIL, TEXT MESSAGE OR OTHER SIMILAR MEANS OF COMMUNICATION AT NUMBERS OR ADDRESSES PROVIDED BY SUBSCRIBER OR DEALER ELECTRONICALLY (MONITORING ENROLLMENT FORM), AS FREQUENTLY AS COMPANY DEEMS APPROPRIATE TO VERIFY THE NECESSITY TO REPORT THE RECEIPT OF A LISTED CODE OR VIDEO IMAGES TO FIRST RESPONDERS OR THE CALL LIST, AND (B) UPON THE RECEIPT OF AN ABORT CODE OR ORAL OR ELECTRONIC ADVICE TO DISREGARD THE RECEIPT OF A LISTED CODE OR VIDEO IMAGES FROM SUBSCRIBER OR ANY OF YOUR PERSONAL CONTACTS ON THE CALL LIST, ALL OF WHOM HAVE SUBSCRIBER'S AUTHORITY AND CONSENT TO DIRECT COMPANY TO DISREGARD RECEIPT OF A LISTED CODE, COMPANY MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ANY LIABILITY REFRAIN FROM CONTACTING FIRST RESPONDERS OR THE CALL LIST OR ADVISE ANYONE PREVIOUSLY NOTIFIED OF A LISTED CODE OR VIDEO IMAGES OF RECEIPT OF AN ABORT CODE ORAL OR ELECTRONIC ADVICE TO DISREGARD THE RECEIPT OF THE LISTED CODE OR VIDEO IMAGES. COMPANY'S EFFORTS TO NOTIFY FIRST RESPONDERS OR THE CALL LIST SHALL BE SATISFIED BY ADVICE ELECTRONICALLY OR BY TELEPHONE TO ANY PERSON ANSWERING THE TELEPHONE AT THE TELEPHONE NUMBER(S) PROVIDED TO COMPANY IN WRITING OR BY LEAVING A MESSAGE WITH A TELEPHONE ANSWERING SERVICE OR ANY MECHANICAL. ELECTRICAL, ELECTRONIC OR OTHER TECHNOLOGY PERMITTING THE RECORDATION OF VOICE OR DATA COMMUNICATIONS. SUBSCRIBER ACKNOWLEDGE AND AGREE THAT (i) ALL SOFTWARE, HARDWARE, FIRMWARE, CODES, SIGNALS, AUDIO AND VOICE COMMUNICATIONS, VIDEO IMAGES, INFORMATION AND DOCUMENTATION ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, AS A CONSEQUENCE OF OR RESULTING FROM THIS AGREEMENT OR THE SERVICES (COLLECTIVELY, THE “IP PROPERTY”) ARE THE SOLE AND EXCLUSIVE PROPERTY OF COMPANY AND YOU HAVE NO RIGHTS WHATSOEVER IN ANY OF THE IP PROPERTY, AND (ii) COMPANY SHALL HAVE THE RIGHT IN ITS SOLE AND ABSOLUTE DISCRETION TO DESTROY, DELETE, ERASE. ETC. (COLLECTIVELY, “DESTRUCTION”) THE IP PROPERTY AT ANY WITHOUT NOTICE TO YOU; PROVIDED, THAT UPON YOUR WRITTEN REQUEST TO RETAIN ANY SPECIFIC IP PROPERTY BEING RECEIVED BY COMPANY PRIOR TO THE DESTRUCTION OF THE IP PROPERTY, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO STORE THE SPECIFIC IP PROPERTY AS REQUESTED BY YOU ON THE CONDITION PRECEDENT THAT YOU PAY ALL FEES, COSTS AND EXPENSES RELATED TO YOUR REQUEST. IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO OBTAIN AND MAINTAIN ANY REQUIRED LOCAL GOVERNMENTAL PERMIT/LICENCE FOR ALARM MONITORING SERVICE.  FAILURE TO PROVIDE DEALER AND COMPANY WITH VALID PERMIT/LICENCE INFORMATION MAY RESULT IN FINES OR EVEN NO LOCAL AUTHORITY RESPONSE TO EMERGENCY DISPATCH REQUEST BY COMPANY.

16. SERVICE INFORMATION OBLIGATION OF SUBSCRIBER. ONLY SUBSCRIBER OR THEIR INSTALLER, THE DEALER, SHALL PROPERLY AND ACCURATELY COMPLETE AND DELIVER TO COMPANY ALL INFORMATION REQUIRED BY COMPANY TO PERFORM MONITORING SERVICES UNDER THIS AGREEMENT (“INFORMATION”). ALL INFORMATION (AND ALL ADDITIONS, MODIFICATIONS OR CHANGES) SHALL BE (i) SUBSCRIBER'S SOLE AND ABSOLUTE RESPONSIBILITY, AND (ii) IN WRITING OR ELECTRONICALLY TRANSMITTED BY DEALER TO COMPANY. ALL INFORMATION SHALL NOT BECOME AVAILABLE FOR USE UNTIL TRANSFERRED BY COMPANY TO ITS DATABASE WHICH SHALL OCCUR NOT SOONER THAN THE NEXT BUSINESS DAY AFTER RECEIPT OF THE INFORMATION AT THE MONITORING FACILITY. NO ORAL COMMUNICATION SHALL BE BINDING ON COMPANY OR DEALER NOT WITHSTANDING THE FOREGOING, IN THE EVENT COMPANY, DEALER PROVIDES OR AGREES TO PROVIDE ANY OF THE INFORMATION, SUBSCRIBER HEREBY RELEASES COMPANY AND DEALER FOR ANY AND ALL ACTS, ERRORS OR OMISSIONS OF COMPANY OR DEALER, INCLUDING COMPANY'S OR DEALER’S ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE ARISING OUT OF OR FROM OR RELATED TO COMPANY OR DEALER PROVIDING, FAILING TO PROVIDE OR AGREEING TO PROVIDE ANY INFORMATION.

17. INTEGRATED AGREEMENT. THIS INSTRUMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN SUBSCRIBER, DEALER AND COMPANY. NEITHER PARTIES HAVE AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, “INDUCEMENT”) WHICH IS NOT EXPRESSED HEREIN. SUBSCRIBER, DEALER AND COMPANY EACH REPRESENT THAT IT/HE/SHE IS NOT RELYING ON ANY INDUCEMENT IN SIGNING THIS AGREEMENT WHICH IS NOT EXPRESSED IN THE AGREEMENT.

18. VALID AGREEMENT. SHOULD ANY PROVISION HEREOF (OR PORTION THEREOF), OR ITS APPLICATION TO ANY CIRCUMSTANCES, BE HELD ILLEGAL, INVALID OR UNENFORCEABLE TO ANY EXTENT, THE VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THE PROVISION AND THIS AGREEMENT, OR OF SUCH PROVISIONS AS APPLIED TO ANY OTHER CIRCUMSTANCES, SHALL NOT BE AFFECTED THEREBY, AND SHALL REMAIN IN FULL FORCE AND EFFECT AS VALID, BINDING AND CONTINUING. UPON DETERMINATION THAT ANY PROVISION OR PORTION THEREOF IS INVALID, ILLEGAL OR UNENFORCEABLE, THE COURT OR OTHER DISPUTE RESOLUTION FORUM SHALL MODIFY THE PROVISION OR PORTION THEREOF SO AS TO AFFECT THE ORIGINAL INTENT OF THE PARTIES AS CLOSELY AS POSSIBLE SO THAT SUCH PROVISION OR PORTION THEREOF IS VALID, LEGAL AND ENFORCEABLE.

19. EXTENSION. THIS AGREEMENT SHALL TERMINATE AT THE END OF THE PREPAID BILLING PERIOD (E.G. MONTHLY, ANNUAL) UNLESS EXTENDED BY MANUAL OR AUTOMATIC RENEWAL OF ALARM MONITORING SUBSCRIPTION. THE SERVICE CAN BE CONTINUED BY PURCHASING OR RENEWING ANOTHER PREPAID PERIOD OF SERVICE (E.G. MONTHLY, ANNUAL) AND WILL CONTINUE THE TERMS AND CONDITIONS IN PLACE AND AGREED TO BY SUBSCRIBER INITIALLY UNLESS SERVICE WAS TERMINATED.

20. INCREASES IN CHARGES. DEALER HAS THE RIGHT TO INCREASE THE MONTHLY OR ANNUAL SERVICE CHARGE AT ANY TIME. IF SUBSCRIBER OBJECTS TO THE INCREASE BEFORE THE NEXT BILLING CYCLE, THEN SUBSCRIBER MAY TERMINATE SERVICE AND THIS AGREEMENT.

21. MODIFICATIONS. ALL CHANGES OR AMENDMENTS TO THIS AGREEMENT MUST BE IN WRITING AND SIGNED BY SUBSCRIBER, DEALER AND COMPANY TO BE BINDING.

22. RIGHT TO SUBCONTRACT. COMPANY AND DEALER MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, SUBCONTRACT FOR THE PROVISION OF SERVICES UNDER THIS AGREEMENT. SUBSCRIBER AGREES THAT THE PROVISIONS OF THIS AGREEMENT INURE TO THE BENEFIT OF AND ARE APPLICABLE TO ANY SUBCONTRACTORS ENGAGED BY COMPANY OR DEALER TO PROVIDE ANY MONITORING SERVICE TO SUBSCRIBER AND BIND SUBSCRIBER TO SAID SUBCONTRACTOR WITH THE SAME FORCE AND EFFECT AS THEY BIND SUBSCRIBER TO COMPANY.

23. CONSENT TO INTERCEPT, RECORD, DISCLOSE AND USE CONTENTS OF COMMUNICATIONS. SUBSCRIBER, FOR YOURSELF AND AS THE AUTHORIZED AGENT OF YOUR FAMILY, GUESTS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES (INDIVIDUALLY AND COLLECTIVELY, “ANY PERSON”), HEREBY CONSENT TO COMPANY OR DEALER INTERCEPTING, RECORDING, RETRIEVING, REVIEWING, COPYING, DISCLOSING AND USING THE CONTENTS OF ALL TELEPHONE, VIDEO, WIRE, ORAL, ELECTRONIC, INTERNET BROADBAND AND OTHER FORMS OF TRANSMISSION OR COMMUNICATION TO WHICH COMPANY, DEALER, AND SUBSCRIBER OR ANY PERSON ARE PARTIES.

24. MEDICAL EMERGENCY SIGNAL. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT COMPANY'S SOLE RESPONSIBILITY UPON RECEIPT OF A MEDICAL EMERGENCY SIGNAL TRANSMITTED FROM THE SUBSCRIBER'S SYSTEM IS TO CALL BY TELEPHONE THE MEDICAL ASSISTANCE PROVIDERS AS DIRECTED BY SUBSCRIBER. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY, DEALER AND REPRESENTATIVES ARE HEREBY RELEASED FROM ALL LIABILITY DUE TO ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY, DEALER OR REPRESENTATIVES WHICH SUBSCRIBER, OR ANYONE CLAIMING THROUGH SUBSCRIBER, IN ANY WAY MIGHT OR COULD CLAIM AGAINST COMPANY, DEALER OR REPRESENTATIVES BASED UPON, ARISING OUT OF OR FROM, IN CONNECTION WITH, RESULTING FROM, RELATED TO OR AS A CONSEQUENCE OF COMPANY'S FAILURE OR IMPROPER DISPATCH OF MEDICAL ASSISTANCE PROVIDERS.

25. SUBSCRIBER AS SURETY. SUBSCRIBER AGREES TO BE A SURETY FOR THE OBLIGATIONS OF DEALER TO COMPANY INCLUDING, WITHOUT LIMITATION, ALL CHARGES FOR SERVICES RENDERED OR TO BE RENDERED BY COMPANY TO SUBSCRIBER, UPON WRITTEN NOTICE TO YOU THAT DEALER IS IN DEFAULT OR BREACH OF ITS AGREEMENT WITH COMPANY.

26. SUBSCRIBER OBLIGATIONS. IF THE BUSINESS RELATIONSHIP BETWEEN YOU AND DEALER TERMINATES, OR IF YOU SELL OR NO LONGER OCCUPY THE ENTIRE PREMISES, SUBSCRIBER SHALL IMMEDIATELY (i) NOTIFY COMPANY AND DEALER IN WRITING, AND (ii) DEPROGRAM THE SYSTEM SO THAT THE SYSTEM WILL NOT COMMUNICATE WITH THE MONITORING FACILITY.

27. PARAGRAPH HEADINGS. THE PARAGRAPH TITLES USED HEREIN ARE FOR CONVENIENCE OF THE PARTIES ONLY AND SHALL NOT BE CONSIDERED IN CONSTRUING THE PROVISIONS OF THIS AGREEMENT.

28. COMPANY AS SUBCONTRACTOR. SUBSCRIBER UNDERSTANDS AND AGREES THAT (i) THE RELATIONSHIP BETWEEN COMPANY AND DEALER IS ONE OF INDEPENDENT CONTRACTORS WHERE COMPANY IS A SUBCONTRACTOR OF DEALER AND NOT A PARTNER OR JOINT VENTURER WITH DEALER, AND (ii) COMPANY SHALL NOT BE LIABLE TO YOU, DIRECTLY OR INDIRECTLY, FOR ANY LIABILITY OF DEALER TO SUBSCRIBER.

29. RIGHT TO NOTICE AND CURE. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY OR DEALER, SUBSCRIBER AGREES TO PROVIDE WRITTEN NOTICE TO COMPANY AND DEALER SPECIFICALLY IDENTIFYING THE NATURE OF THE BREACH AND THE PROVISIONS OF THIS AGREEMENT AFFECTED THEREBY, AND TO PERMIT COMPANY OR DEALER TO CURE THE BREACH WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THE WRITTEN NOTICE OR, IF THE BREACH CANNOT BE REASONABLY CURED WITHIN SAID PERIOD, TO PROMPTLY COMMENCE TO CURE AND DILIGENTLY PROCEED UNTIL CURED. IF COMPANY OR DEALER CURES ANY SAID BREACH AS PROVIDED HEREIN THIS AGREEMENT SHALL CONTINUE UNABATED AND COMPANY OR DEALER SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR FROM, RESULTING FROM, RELATED TO, IN CONNECTION WITH OR AS A CONSEQUENCE OF ANY SAID BREACH.

30. DEALER AS AGENT: REVOCATION: RATIFICATION: RETROACTIVE DATE. SUBSCRIBER HEREBY APPOINTS DEALER AS SUBSCRIBER'S AGENT TO GIVE DIRECTION TO COMPANY AS IF DONE BY SUBSCRIBER IN THEIR OWN RIGHT CONCERNING ANY AND ALL MATTERS ARISING OUT OF OR FROM, IN CONNECTION WITH OR RELATED TO THE PERFORMANCE OF MONITORING SERVICES. THE AUTHORITY GRANTED TO DEALER UNDER THIS SECTION SHALL CONTINUE TO BE BINDING UPON YOU UNTIL REVOCATION IN WRITING, SIGNED BY SUBSCRIBER, SHALL HAVE BEEN ACTUALLY RECEIVED BY COMPANY AND NO SUCH NOTICE SHALL AFFECT ANYTHING DONE BY COMPANY IN RELIANCE HEREON OR PURSUANT HERETO PRIOR TO ACTUAL RECEIPT OF SAID WRITTEN AND SIGNED NOTICE OF REVOCATION. SUBSCRIBER HEREBY RATIFY AND CONFIRM ALL PRIOR AND CONTEMPORANEOUS ACTS OF DEALER IN ACCORDANCE WITH THIS SECTION WHICH YOU ACKNOWLEDGE AND AGREE SHALL BE AND IS DEEMED TO BE RETROACTIVE TO THE INITIAL DATE COMPANY PERFORMED ANY SERVICES FOR YOU OR ON YOUR BEHALF AS A SUBCONTRACTOR OF DEALER.

31. INTERNET SERVICES. COMPANY HEREBY GRANTS TO YOU A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS COMPANY'S PORTAL VIA THE INTERNET TO INPUT, DELETE AND MODIFY INFORMATION THROUGH THE INTERNET. EXCEPT FOR SUBSCRIBER'S (A) FAILURE TO KEEP CONFIDENTIAL ALL INFORMATION, PASSWORDS, ETC., (B) USE OF THE LICENSE OR THE INFORMATION IN ANY MANNER THAT NEGATIVELY AFFECTS COMPANY, (C) USE OF THE LICENSE OR THE INFORMATION FOR ANY ILLEGAL PURPOSE, OR (D) VIOLATION OF ANY APPLICABLE LAW THIS LICENSE SHALL CONTINUE AND BE COEXTENSIVE WITH THE TERM OF THIS AGREEMENT. SUBSCRIBER SHALL BE SOLELY AND ABSOLUTELY RESPONSIBLE FOR THE INFORMATION WHICH SUBSCRIBER OR DEALER INPUTS, DELETES OR MODIFIES. SUBSCRIBER AGREE THAT UPON TERMINATION OF THIS AGREEMENT OR TERMINATION OR SUSPENSION OF THE LICENSE BY COMPANY, COMPANY MAY IMMEDIATELY, AND WITHOUT NOTICE, DISABLE SUBSCRIBER'S ACCESS TO COMPANY'S PORTAL AND CANCEL ALL PASSWORDS OR OTHER ACCESS CODES.

32. EXECUTION IN COUNTERPARTS BY FACSIMILE, ELECTRONICALLY AT CHECKOUT OR ELECTRONIC MAIL. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, ANY ONE OF WHICH NEED NOT CONTAIN THE SIGNATURE OF MORE THAN ONE PARTY, BUT ALL OF WHICH SHALL TOGETHER CONSTITUTE ONE AND THE SAME INSTRUMENT. THE PARTIES AGREE THAT THIS AGREEMENT WHEN ACCEPTED ELECTRONICALLY AT PURCHASE CHECKOUT SHALL BE DEEMED TO BE ORIGINALS FOR ALL PURPOSES AND GIVEN THE SAME LEGAL FORCE AND EFFECT AS THE ORIGINAL AGREEMENT AND ORIGINAL SIGNATURES.

33. STORAGE OF AGREEMENT AND INFORMATION. SUBSCRIBER AUTHORIZES COMPANY AND DEALER TO SCAN, IMAGE OR OTHERWISE CONVERT, STORE OR RETAIN THIS AGREEMENT AND ALL INFORMATION AND OTHER WRITTEN MATERIALS IN AN ELECTRONIC FORMAT OF ANY NATURE AND, IN THE SOLE AND ABSOLUTE DISCRETION OF COMPANY AND DEALER, TO DESTROY ALL WRITTEN DOCUMENTS OR MATERIALS WHICH HAVE BEEN SO CONVERTED. SUBSCRIBER AGREES THAT AN ELECTRONICALLY PRODUCED COPY OF THIS AGREEMENT AND ALL OTHER WRITTEN DOCUMENTS AND MATERIALS SO CONVERTED IS LEGALLY EQUIVALENT TO THE ORIGINAL FOR ANY AND ALL PURPOSES, INCLUDING LITIGATION OR ARBITRATION.

34. VIDEO SYSTEMS. IF THE SYSTEM TRANSMITS VIDEO IMAGES, SUBSCRIBER SHALL (i) PROVIDE AND MAINTAIN ADEQUATE POWER AND LIGHTING FOR ALL CAMERAS OR OTHER VIDEO-RELATED EQUIPMENT; (ii) INFORM ALL PERSONS ON THE PREMISES THAT THEY MAY BE MONITORED BY VIDEO; (iii) NOT USE OR PERMIT THE USE OF VIDEO INSTALLED WHERE ANY PERSON MAY HAVE A REASONABLE EXPECTATION OF PRIVACY; (iv) USE BROADBAND CONNECTIVITY EXCLUSIVELY TO TRANSMIT VIDEO IMAGES FROM THE SYSTEM; (v) USE THE VIDEO SYSTEM FOR SECURITY SURVEILLANCE AND MANAGEMENT SERVICES ONLY; (vi) NOT USE THE VIDEO SYSTEM FOR ANY CRIMINAL, ILLEGAL, OR OTHERWISE UNLAWFUL ACTIVITY; AND (vi) OBTAIN AND KEEP IN EFFECT ALL PERMITS OR LICENSES REQUIRED FOR THE INSTALLATION AND OPERATION OF THE VIDEO SYSTEM. SUBSCRIBER UNDERSTANDS AND AGREES THAT (i) A VIDEO SYSTEM ENABLES COMPANY TO RECORD, STORE AND REVIEW IMAGES OF THE INTERIOR OF THE PREMISES AND THE AREA OUTSIDE OF THE PREMISES, AND (ii) VIDEO WITH AUDIO CAPABILITY ENABLES COMPANY TO RECORD, STORE AND REVIEW ORAL COMMUNICATIONS FROM IN AND OUTSIDE OF THE PREMISES. SUBSCRIBNER HEREBY AGREE, AUTHORIZE AND CONSENT TO COMPANY RECORDING, STORING AND REVIEWING VIDEO IMAGES AND ORAL COMMUNICATIONS TRANSMITTED FROM THE VIDEO SYSTEM AT THE PREMISES. MONITORING SERVICE IN CONNECTION WITH THE RECEIPT OF VIDEO IMAGES AT COMPANY'S MONITORING FACILITY CONSISTS SOLELY OF OPERATOR COMMUNICATING ELECTRONICALLY OR CALLING BY TELEPHONE THE PROPER AUTHORITIES WITHIN A REASONABLE PERIOD OF TIME UNDER THE CIRCUMSTANCES AT THE MONITORING FACILITY (INCLUDING, WITHOUT LIMITATION, THE PRIORITY OF ALL SIGNALS AND VIDEO IMAGES RECEIVED BY THE MONITORING FACILITY) AFTER VIDEO IMAGES WHICH, IN THE OPERATOR'S SOLE AND ABSOLUTE DISCRETION, CLEARLY AND CONSPICUOUSLY REVEAL THE NECESSITY FOR MONITORING SERVICE APPEAR ON THE OPERATOR'S COMPUTER SCREEN AT THE MONITORING FACILITY PROVIDED, THAT THE OPERATOR SHALL NOT BE REQUIRED TO VIEW THE VIDEO IMAGES MORE THAN ONE TIME AS THE VIDEO IMAGES APPEAR ON THE OPERATORS COMPUTER SCREEN. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, COMPANYS OBLIGATION TO PERFORM MONITORING SERVICE IN CONNECTION WITH ANY LISTED CODE RECEIVED FROM ANY INTRUSION DETECTION SYSTEM AT THE PREMISES IS CONDITIONED ON (i) RECEIPT OF VIDEO IMAGES FROM THE VIDEO SYSTEM RELATED TO THE LISTED CODE, AND (ii) OPERATOR'S DETERMINATION, PURSUANT TO THIS SECTION, OF WHETHER TO COMMUNICATE ELECTRONICALLY OR CALL BY TELEPHONE FIRST RESPONDERS OR THE CALL LIST.

35. VOICE OVER INTERNET PROTOCOL (VoIP). SUBSCRIBER UNDERSTANDS THAT A VOIP COMMUNICATION SYSTEM IS NOT CONSIDERED RELIABLE AND MAY NOT PROPERLY TRANSMIT SIGNALS TO MONITORING FACILITY. IN THE EVENT SIGNALS ARE NOT TRANSMITTED OR RECEIVED CORRECTLY, SUBSCRIBER UNDERSTANDS THAT EMERGENCY SERVICES MAY NOT BE NOTIFIED.

36. SMOKE AND CARBON MONOXIDE DETECTORS. IF SUBSCRIBER’S SECURITY SYSTEM INCLUDES SMOKE AND/OR CARBON MONOXIDE DETECTORS, SUBSCRIBER AGREES THAT: (A) THE NUMBER AND PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS IN CODES, LAWS OR STANDARDS THAT APPLY IN LOCAL JURISDICTION, INCLUDING THE CODE PROVISIONS OF THE NATIONAL FIRE PROTECTION ASSOCIATION AND THE INTERNATIONAL RESIDENTIAL CODE; (B) 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 SECURITY SYSTEM; AND (C) ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS DESCRIBED IN THIS AGREEMENT ARE SUPPLEMENTAL DEVICES ONLY AND ARE NOT INTENDED TO BE PART OF A PRIMARY FIRE ALARM OR CARBON MONOXIDE DETECTION SYSTEM. SUBSCRIBER UNDERSTANDS THAT ELECTRICAL SMOKE AND CARBON MONOXIDE DETECTORS, IF INSTALLED IN THEIR PREMISES, ARE DESIGNED TO BE CONNECTED TO AN ELECTRICAL POWER SOURCE. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND, AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE ELECTRICITY IS CUT OFF; THE BACKUP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD; OR FIRE CUTS OFF THE ELECTRICITY BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS TRANSMITTED. CONNECTING THESE DETECTORS TO A SEPARATE DEDICATED ELECTRICAL CIRCUIT MAY INCREASE THEIR RELIABILITY, BUT EVEN DEDICATED CIRCUITS CAN FAIL. SUBSCRIBER UNDERSTANDS THAT THESE DETECTORS ALL HAVE LIMITED USEFUL LIVES, AFTER WHICH TIME THEY WILL NOT FUNCTION. IT IS THE SUBSCRIBER’S SOLE RESPONSIBILITY TO MONITOR AND REPLACE ALL DETECTORS BEFORE OR AT THE END OF THEIR USEFUL LIVES.  LIFE SAFETY DEVICES SHOULD BE TESTED AT LEAST ON A MONTHLY BASIS FOR PROPER OPERATING CONDITION.

37. BATTERY POWERED DEVICES. SUBSCRIBER UNDERSTANDS THAT ALL BATTERY-POWERED MOTION DETECTORS, SMOKE DETECTORS, DOOR AND WINDOW CONTACT TRANSMITTERS AND OTHER DETECTION SENSORS THAT ARE PART OF THEIR SECURITY SYSTEM ARE NOT CONNECTED TO THE ELECTRICAL SYSTEM OF SUBSCRIBER’S PREMISES AND REQUIRE BATTERIES TO OPERATE. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. IT IS THE SUBSCRIBER’S SOLE RESPONSIBILITY TO MAINTAIN AND REPLACE THESE BATTERIES. DEALER RECOMMENDS THAT SUBSCRIBER REGULARLY INSPECT THE SENSORS FOR DIRT AND DUST BUILDUP AND TEST THE SENSORS WEEKLY TO HELP MAINTAIN CONTINUED OPERATION. DEALER ALSO RECOMMENDS THAT SUBSCRIBER CAREFULLY READ AND FOLLOW THE OWNER’S MANUAL, INSTRUCTIONS AND WARNINGS FOR ALL EQUIPMENT.

38. OTHER PARTY’S LIMITATION. IF SUBSCRIBER PURCHASED EQUIPMENT OR MONITORING SERVICES THROUGH ANOTHER BUSINESS OR PERSON, EVEN AS A REFERRAL FROM DEALER, SUBSCRIBER AGREES THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO DEALER OR COMPANY FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR MONITORING SERVICES PROVIDED. SUBSCRIBER ALSO AGREES THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS DEALER AND COMPANY UNDER THIS AGREEMENT.

39. INSTALLATION. SUBSCRIBER UNDERSTANDS THAT COMPANY AND DEALER AGREE TO MONITOR A SECURITY SYSTEM OWNED BY SUBSCRIBER AND NOT DIRECTLY INSTALLED BY OR DESIGNED BY DEALER. DEALER MAKES NO REPRESENTATION AS TO SUITABILITY OR CONDITION OF SUBSCRIBER’S SYSTEM. DEALER MAY PROVIDE TECHNICAL SUPPORT, INSTALLATION GUIDES, OR REMOTE SYSTEM PROGRAMMING, HOWEVER INSTALLATION IS SOLELY SUBSCRIBER’S RESPONSIBILITY AND DEALER BEARS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE DURING OR AFTER THE INSTALLATION PROCESS. SUBSCRIBER MUST VALIDATE OPERABILITY OF SECURITY SYSTEM BY FULLY TESTING AFTER ANY PROGRAMMING CHANGES ARE MADE EITHER BY SUBSCRIBER OR DEALER.

40. TELEPHONE SUPPORT. SYSTEM PROGRAMMING OF A SECURITY SYSTEM MUST ONLY BE DONE BY A SUBSCRIBER WITH SUFFICIENT TECHNICAL SKILLS/COMPETENCY. ANY PROGRAMMING DONE BY SUBSCRIBER IS AT SUBSCRIBER’S RISK AND DEALER AND COMPANY BEAR NO RESPONSIBILITY IF INCORRECT DATA IS ENTERED. THIS INCLUDES PHONE SUPPORT (FOR EXAMPLE) WHERE SUBSCRIBER ENTERS CENTRAL STATION PHONE NUMBERS AND ACCOUNT NUMBERS VIA THEIR LOCAL KEYPAD AT DIRECTION OF DEALER. SINCE IT IS POSSIBLE THE SUBSCRIBER COULD ENTER AN INCORRECT VALUE (I.E. TYPO) DURING SUCH PHONE SUPPORT, COMPANY AND DEALER CANNOT BE HELD LIABLE FOR ANY LOCAL KEYPAD PROGRAMMING MISTAKES. SUBSCRIBER MUST VALIDATE DATA BY FULLY TESTING THEIR SECURITY SYSTEM AFTER ANY PROGRAMMING CHANGES ARE MADE. IF THE SYSTEM IS RENDERED INOPERABLE BECAUSE OF A PROGRAMMING ENTRY MISTAKE, DEALER BEARS NO RESPONSIBILITY AND A LOCAL SECURITY DEALER FAMILIAR WITH THE SUBSCRIBER’S SECURITY SYSTEM SHOULD BE CONTRACTED AT SUBSCRIBER’S EXPENSE TO MAKE ANY CORRECTIONS.

41. MAINTENANCE. COMPANY AND DEALER ASSUME NO RESPONSIBILITY WHATSOEVER FOR THE MAINTENANCE, OPERATION OR NON-OPERATION, ACTUATION OR NON-ACTUATION, OF SUBSCRIBER'S EXISTING EQUIPMENT. COMPANY AND DEALER RESERVES THE RIGHT TO TERMINATE SERVICE UNDER THIS AGREEMENT IN THE EVENT YOUR EXISTING EQUIPMENT IS NOT IN GOOD OPERATING CONDITION.

42. EMAIL NOTICE. IN THE EVENT SUBSCRIBER ELECTS TO RECEIVE AUTOMATIC EMAIL NOTICE OF CERTAIN SYSTEM EVENTS, E.G. THE ARMING OR DISARMING OF THE SYSTEM, SUBSCRIBER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT (i) ANY SUCH NOTICE IS CONDITIONED ON (A) RECEIPT OF THE DATA AT COMPANY'S CENTRAL STATION, (B) THE PROPER OPERATION OF COMMUNICATION EQUIPMENT, SERVICES, SYSTEMS AND NETWORKS INCLUDING, WITHOUT LIMITATION, THE INTERNET, AND (C) ANY FAILURE, MALFUNCTION OR DELAY IN PROCESSING OR TRANSMITTING THE DATA BY COMPANY'S EQUIPMENT OR SOFTWARE, AND (ii) COMPANY AND DEALER IS HEREBY RELEASED FROM ANY LIABILITY ARISING OUT OF OR FROM, RESULTING FROM OR IN CONNECTION WITH THE FAILURE, MALFUNCTION OR DELAY OF ANY SUCH NOTICE FOR ANY REASON, INCLUDING COMPANY'S, DEALER’S OR REPRESENTATIVE'S SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE.

43. CONSENT TO CALL SUBSCRIBER AND CALL LIST. SUBSCRIBER, FOR THEMSELF AND AS THE AUTHORIZED AGENT OF EACH PERSON ON SUBSCRIBER'S CALL LIST FROM TIME-TO-TIME CONSENT TO COMPANY CALLING EACH SUCH PERSON'S CELL PHONE OR OTHER MOBILE DEVICE.