Terms of service:
1. Monitoring Service: You have requested and authorized us to provide monitoring services for and an alarm system installed or to be installed by LOXICOM. Installer and Subscriber have entered into an Agreement wherein and whereby Installer will provide monitoring services for subscriber, such services to consist solely of those described herein. When a signal from the system is received in our monitoring facility, we will try to telephone the proper police or fire department, paramedic unit or other authorities, and the first available person on your emergency call list. To avoid false alarms, we may call your premises first to determine if an actual emergency exists before we call any authorities. If we have reason to believe that no actual emergency exists, we may choose not to place such calls. 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. MONITORING SERVICE WILL NOT BEGIN UNTIL WE HAVE RECEIVED AND APPROVED: (A) A FULLY EXECUTED COPY OF THIS AGREEMENT, AND (B) VALID TEST SIGNALS FROM THE SYSTEM.
2. Transmission Lines: You will pay for all telephone charges including any installation fee for a special jack to connect the system to your telephone service. We recommend that the system be connected to your telephone service on a special jack (RJ31X or equivalent) which will give the system priority over other telephone equipment in your premises. The system includes a communicator that sends signals to our monitoring facility over your regular telephone service and if your telephone is out of order, placed on vacation or otherwise not working, a signal cannot be transmitted and we will not know of the telephone service problem. When the system is activated, you will not be able to use the telephones in your premises to make other calls such as calls to the 911 emergency operator. Therefore, you may choose to have the system placed on a separate telephone line at your expense.
3. False Alarms: You agree that you or others using the system will use it carefully so as to avoid causing false alarms. If we receive too many false alarms we may cancel monitoring service. If a false alarm fine or penalty is charged to us by any government agency, you will repay us for the charge.
4. Service Limitations: In consideration for the provision of this service, you acknowledge that LOXICOM does not represent or warrant that the monitoring service will not prevent property loss, death, bodily or personal injury, or other injury of damage to you or others who use the system, and you do not and have not relied upon any express or implied representation by LOXICOM. We make no representation or warranty as to the promptness of our response, and have no control over the response time or capability of any agency or person who may be notified as a result of the system being used. You further understand that we may be negligent in providing the service, and may fail to properly respond to the receipt of an alarm signal from the system, or that the system may fail to function properly. You acknowledge that you should obtain any life medical, disability or property insurance for the protection of yourself, your property and others who may use the system. You understand that there are alternatives available to you such as 911 emergency telephone service and you have selected this service with a full understanding of its limitations and the limitation of our liability.
5. Subscriber's Duties: You will instruct all persons who may use the system on its proper use. 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. You will obtain and keep in effect all permits or licenses that may be required for the installation and operation of the system. You will notify us in writing of any changes in the persons of telephone numbers of the information contained on the reverse side of this Agreement. (IF THE SYSTEM INCLUDES ANY WIRELESS DEVICES, INCLUDING A PERSONAL PENDANT, THAT ARE BATTERY OPERATED, OU ARE RESPONSIBLE FOR TESTING THE DEVICES AND REPLACING THE BATTERIES AS NEEDED AND AT LEAST ONCE A YEAR.)
6. Term of Agreement: Suspension, Disconnection: This Agreement shall continue for as long as you contract with us for the performance of monitoring services for you. We may terminate monitoring services by giving you (10) days prior written notice, in the event that (i) you fail or refuse to make payments for services furnished or to be furnished to you by us, or (ii) the system is not maintained in good operating condition and repair. Upon giving such notice, this Agreement and all of our responsibilities hereunder shall come to an end and neither party hereto shall have any claim against the other for any further obligations. Upon termination of the Agreement for any reason, you agree to permit us to discontinue monitoring and further permit LOXICOM to enter your premises and disconnect your system from our monitoring network. You understand that we may stop or suspend monitoring service if: (a) strikes, severe weather, earthquakes or other such events beyond our control affect the operation of our monitoring facility or so severely damage your premises that continuing service would be impractical; (b) there is an interruption or unavailability of the telephone service between the system and our monitoring facility; (c) we are unable to provide service because of some action or ruling by any governmental authority.
7. Assignees: We may transfer or assign this Agreement to any other alarm company. 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. LOXICOM is not an insurer. Limitations of Liability: You understand: (a) we are not an insurer of your property or the personal safety of persons in your premises; (b) you should provide any insurance on yourself and others who may use the system; (c) the amount you pay to us is based only on the value of the service we provide; (d) alarm systems and our monitoring service may not always operate properly for various reasons; (e) 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; (f) the system, service and transmission lines are limited as set forth in Sections 2 and 4 herein; (g) it is difficult to determine what portion, if any, of any property loss, personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the system.
THEREFORE YOU AGREE:
Even if a court or other tribunal decides that our breach 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 (weather property damage, personal injury or death) to you or anyone in your premises, you agree that our liability shall be limited to $500.00 and this shall be your only remedy regardless of what legal theory is used to determine that LOXICOM was liable for the injury or loss.
9. Third Party Indemnification and Subrogation: If anyone other than you, asks LOXICOM to pay for any harm or damages (including property damage, personal injury or death connected with our resulting form (i) a failure of the alarm system or services, our negligence, (ii) any other improper or careless activity of LOXICOM in providing the alarm system or services or (iii) a claim for indemnification or contribution, you will repay to LOXICOM (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorney's fees and other loss or costs that we may pay in connection with the harm or damages. Unless prohibited by your property insurance policy, you agree to release LOXICOM from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us against any such claim. you will notify your insurance company of this release.
10. Limitation of Lawsuits: Waiver of Jury Trial: Both LOXICOM and Subscriber agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one year after the incident giving rise to the claim occurred. In addition, any such legal proceeding shall not be heard before a jury. Each party gives up any right to a jury trial.
11. Entire Agreement: The entire and only agreement between you and LOXICOM is written in this Agreement. It replaces any earlier oral or written understandings or agreements. It may only be changed by a written agreement signed by you (and if married, your spouse) and us. If you have given or ever given us a purchase order for the service which provides for different terms than this Agreement, this Agreement will govern and be controlling. OUR DUTY AND OBLIGATION TO PROVIDE MONITORING SERVICE TO YOU ARISE SOLELY FROM THIS AGREEMENT. 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 agree that this Agreement is performed in the state of Mississippi and shall be governed by the laws of Mississippi.