Legal, Privacy, Terms and Conditions May Apply.

IMPORTANT – READ CAREFULLY

YOU, (SUBSCRIBER) HAVE ENTERED INTO AN AGREEMENT WHEREIN AND WHEREBY INFATRAC | MANLEY | LIFE SAFETY WIRELESS WILL PROVIDE MONITORING SERVICES FOR THE SUBSCRIBER, SUCH SERVICES TO CONSIST SOLELY OF THOSE DESCRIBED HEREIN. IT IS IMPORTANT TO NOTE THAT YOUR INSTALLER IS NOT OWNED OR OPERATED BY US AND IS INDEPENDENT. AS SUCH, YOU AGREE THAT WE DO NOT ASSUME, AND SHALL NOT BE LIABLE, FOR ANY ACTS OR OMISSIONS OF THE INSTALLER. 


1. SERVICE: When a signal from the system is received in our Virtual Monitoring System, we will try to Simple Message System (TEXT Message) and Email your emergency contact list. 1.1 To avoid false alarms, we may first send you a Text Message or Email to determine if an actual emergency exists before we contact any authorities. If we have reason to believe that no actual emergency exists, we may choose not to place such messages. 1.2 We may discontinue any particular response service by giving you written notice, if required to do so, by any governmental agency or our liability insurance provider. 1.3 MONITORING SERVICE WILL NOT BEGIN UNTIL WE HAVE RECEIVED AN APPROVED: (i) FULLY EXECUTED COPY OF THIS AGREEMENT; (ii) VALID TEST SIGNALS FROM THE SYSTEM; AND (iii) ANY REQUIRED LICENSING INFORMATION. All monitoring fees are paid to us by the Subscriber. 


2. TRANSMISSION LINES - TRANSMISSION FACILITIES: The system includes a communicator that sends signals to the Center by one of the following methods: a. Cellular or Radio Transmission. If cellular or radio service is used as a primary or secondary transmission path, the communicator is connected to the Verizon Wireless cellular or radio network. Cellular or radio transmissions may be impaired or interrupted by atmospheric conditions, including electrical storms, power failures or other conditions and events beyond our control. b. Internet Transmission. The communicator is connected to the Internet, which uses your Wireless Data service provided by Verizon Wireless. In order for the system to transmit signals, it must have uninterrupted access to an Internet connection. Your further acknowledge that signals are transmitted over cellular, radio, or the Internet, which are wholly beyond our control and are maintained and serviced solely by the applicable cellular, radio, or Internet service provider, telephone or cable utility and Internet service provider. INFATRAC | MANLEY | LIFE SAFETY WIRELESS shall not be responsible for any failure which prevents transmission signals from reaching the INFATRAC | MANLEY | LIFE SAFETY WIRELESS monitoring center or damages arising there from. 


3. FALSE ALARMS: You agree that you, or others using the system, will use it carefully, so as to avoid the causation of false alarms. You agree to pay all directly or indirectly imposed false alarm fines, fees or charges incurred as a result from the occurrence of false alarms charged by any governmental agency. 


4. SUBSCRIBERS DUTIES: 4.1 You will instruct all persons who may use the system on its proper usage. 4.2 You will test the system and send test signals to our monitoring facility in accordance with our instructions at least monthly. If a problem in the system occurs, you will notify us immediately. 4.3 You will obtain and keep in effect all permits and licenses that may be required for the installation and operation of the system. 4.4 You will notify us, in writing, of any changes in the persons or telephone numbers of the information contained on the reverse side of this agreement. 


5. SUSPENSION, DISCONNECTIONS: Upon termination of this Agreement for any reason, you agree to permit us to discontinue monitoring and, subject to applicable security measures, further permit either Installer or our designee to enter your premises and disconnect your system from our monitoring network. You understand that we may stop or suspend monitoring service if: (i) strikes, severe weather, earthquakes or other such events beyond our control affect the operation of our monitoring facility to the extent that continuing service would be impractical; (ii) there is an interruption or unavailability of the telephone or internet service between the system and our monitoring facility; or (iii) we are unable to provide service because of some action or ruling by any governmental authority. 


6. EARLY TERMINATION: In the event of early termination of services you agree to provide written 30- day notice and to pay an early termination fee in the amount of $399.99 for each line of service. In addition, your account will be charge for the remaining months left in the service agreement for each line of service terminated.


7. ASSIGNEES: We may only transfer or assign this agreement to any other alarm company subject to the procedures in FAR Part 42.12. You may not transfer this agreement to someone else (including someone who purchases or rents your premises), unless we approve the transfer in writing. 


8. LIMITATION OF LIABILITY: INFATRAC | MANLEY | LIFE SAFETY WIRELESS is not an insurer. You understand: (i) we are not an insurer of your property or the personal safety of persons in your premises; (ii) you should provide any insurance on Yourself and others who may use the system; (iii) the amount you pay to us is based only on the value of the service we provide; (iv) alarm systems and our monitoring service may not always operate properly for various reasons; (v) it is difficult to determine how fast the police or fire department, paramedics, persons you have designated, or others will respond to an alarm signal; (vi) the system, service and transmission lines are limited as set forth in Sections 2 and 4 herein; and (vii) it is difficult to determine what portion, if any, of possible property loss, personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the system. 8.1 


THEREFORE YOU AGREE, even if a court or other tribunal, decides that our breech of this agreement, a failure of the system, our negligence, or a failure of the installation, monitoring or repair service, caused or allowed any harm or damage (whether property damage, personal injury or death) to you or anyone in your premises, you agree that our liability shall be limited to $100.00, and this shall be your only remedy, regardless of what legal theory is used to determine that INFATRAC | MANLEY | LIFE SAFETY WIRELESS was liable for the injury or loss. 


9. INFATRAC | MANLEY | LIFE SAFETY WIRELESS does not warrant that the Software will operate uninterrupted or error-free. INFATRAC | MANLEY | LIFE SAFETY WIRELESS SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE DAMAGES, OR OTHER SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS, EVEN IF INFATRAC | MANLEY | LIFE SAFETY WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES INFATRAC | MANLEY | LIFE SAFETY WIRELESS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. INFATRAC | MANLEY | LIFE SAFETY WIRELESS SHALL NOT IN ANY CASE BE LIABLE FOR DAMAGES INCURRED BY THIRD PARTY USERS OF APPLICATIONS THAT INCORPORATE INFATRAC'S SOFTWARE AND TRAINING MATERIAL SOFTWARE LICENSING FUNCTIONS. INFATRAC | MANLEY | LIFE SAFETY WIRELESS TOTAL LIABILITY FOR DAMAGES, IF ANY, WILL BE LIMITED TO THE TOTAL SOFTWARE FEES PAID BY USER TO INFATRAC. 10. THIS AGREEMENT CANNOT BE AMENDED, ALTERED, OR MODIFIED BY ANY AGREEMENT ENTERED INTO BETWEEN INSTALLER AND YOU. OUR DUTY AND OBLIGATION TO PROVIDE MONITORING SERVICE TO YOU ARISE SOLELY FROM THIS AGREEMENT. 


You are not a third-party beneficiary to any agreement between the Installer and us. If any provision of this agreement is found to be invalid or illegal by a court, the balance of the agreement shall remain in force.

  

You are not a third-party beneficiary to any agreement between the Installer and us. If any provision of this agreement is found to be invalid or illegal by a court, the balance of the agreement shall remain in force.


Jurisdiction: This Agreement shall be governed by the laws of the State of California, Orange County.


Binding Effect: The parties’ rights and obligations under this Agreement will bind and inure to the benefit of their respective successors, heirs, executors and administrators and permitted assigns.


AHJ Inspection: For fire alarm systems required by law, the System shown in this Agreement may be subject to approval by the local Authority Having Jurisdiction (AHJ). Any changes required by the AHJ may result in additional charges to the Customer.


Attn: Account Support – Terms

27702 Crown Valley Parkway

Suite D4 260

Ladera Ranch, CA 92694

support@lifesafetywireless.com


Updates to this document are made frequently and posted online here.