Terms and Conditions
Terms and Conditions | POST ALARM SYSTEMS
Purchase and Monitoring Agreement Retail Installment Agreement
TERMS AND CONDITIONS
1. TERM: THE ORIGINAL TERM OF THIS AGREEMENT FOR SERVICES IS ONE (1) MONTH, AND WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS FROM THE LAST DAY OF THE ORIGINAL TERM UNLESS EITHER PARTY GIVES THE OTHER AT LEAST (30) DAYS PRIOR WRITTEN NOTICE OF ITS INTENTION TO CANCEL THE AGREEMENT AT THE END OF THE ORIGINAL TERM, OR AT THE END OF ANY RENEWAL TERM. ADDITIONALLY POST HAS THE RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME UPON WRITTEN NOTICE TO CLIENT.
2. ALARM NOTIFICATION CHARGES AND INCREASES IN SERVICES FEE: The city or county in which your premises are located may require that you obtain a permit for the use and monitoring of the System. Local authorities may not respond to alarm notifications until all permits or licenses for use of the System have been obtained, and therefore Post may not begin monitoring until Client has obtained at Client’s sole expense all necessary permits or licenses, and provided Post with the license or permit number. Some police and fire departments impose a charge (such as a 900 telephone number charge) for each notification of an alarm condition or other event (including cancellation of an alarm response) received from an alarm company. Client agrees to pay Post for each notification charge paid by Post for any notification made by Post related to Client’s System. Client acknowledges the installation fee and alarm service fee are based upon existing federal, state and local taxes, licenses, permits or fees which may be charged to Post by any utility or governmental agency relating to the installation of the System or the service Post provides and Client agrees to pay the same. Post shall have the right, at any time, to increase its service fees to reflect any additional fees and/or other charges which may be imposed on Post in the future by any utility or governmental agency relating to the service(s) provided hereunder and you agree to pay the same. In addition, after the first year, Post may increase the service fee during each following year (but not more often than every twelve (12) months) by giving Client thirty (30) days prior written notice. If Client is unwilling to pay the increased service fee, Client may terminate this Agreement by giving Post written notice (via certified mail or overnight courier) within thirty (30) days from the effective date of the increase.
4. MONITORING SERVICE: The System will be connected to the Post monitoring facility (the “Central Station” or “Center”) if monitoring is selected. When a burglary, video, fire, duress or other alarm signal from the System is received in the Central Station, Post will try to telephone the proper police or fire department and the first person designated on Client’s Alarm Monitoring Information Form ("Call List") which sets forth detailed monitoring procedures which are incorporated by reference herein. When a personal emergency, supervisory or trouble signal is received in the Central Station, Post will try to notify Client or the first available person designated on Client’s Call List. Notification of non-emergency trouble signals is made only during Post’s normal daytime business hours, unless directed otherwise by Client in writing. To avoid false alarms, Post may (i) use the “Two-Way Voice” device of the System, if one has been provided, or (ii) call Client’s premises first to determine if an actual emergency exists before Post calls any authorities or anyone on Client's Call List, or (iii) dispatch alarm response personnel if that service is provided. If Post has reason to believe that no actual emergency exists, Post may choose not to place such calls or dispatch alarm response personnel. You consent to the recording of all telephonic communications between you, those on your premises, listed contacts including persons on the Call List, and the Center and/or Post personnel. We, the Center and you are obligated to comply with all notification and response requirements imposed by governmental agencies having jurisdiction over your System. If your local police or fire department 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 at a commercially reasonable rate, or otherwise comply with such requirements, and Post may charge an additional fee for such service. Post may discontinue, change or add any particular form of response or response-related service if required to do so by any governmental authority or insurance interest by giving you written notice. We may charge an additional fee for such added or changed service.
5. TRANSMISSION LINES: The System includes a communicator that sends signals to the Center over Client’s Internet service and (Wi-Fi, DSL or VOIP) and a cellular communicator. Although in certain limited circumstances Client may choose and Post may agree that Client will use dedicated cellular service (GSM/LTE) or traditional telephone service (“Telephone Service”) or use multiple communication paths to communicate with the Center, in some cases, Internet will be the primary, and often times the sole, communication path. Therefore, IN CASE OF AN INTERNET FAILURE OR A POWER OUTAGE (UNLESS CLIENT HAS AN UNINTERRUPTED POWER SUPPLY), THE CENTER WILL NOT RECEIVE ANY SIGNAL FROM THE SYSTEM. You acknowledge that signals are transmitted over communications facilities provided by independent carriers or providers, which are wholly beyond our control, and are maintained and serviced solely by the applicable carrier or provider. Post shall not be responsible for any failure which prevents transmission signals from reaching the Center or damages arising therefrom, or for data corruption, theft or viruses to Client’s devices if connected to the alarm communication equipment. Post makes no representations or warranties as to how fast a signal will be received at the Center, because signal transmission speed may be adversely affected by Internet traffic or other causes beyond Post’s control. Client agrees to provide a standard modular connection block and Client is required to maintain a high-speed/always-on Internet connection. The System will not work on standard cellular telephone service and may not work over Internet based telephone services such as Vonage or Magic Jack. Client acknowledges and agrees that all software, firmware, computer codes and transmission facilities provided by Post are our sole and exclusive property and are not part of the System. Client acknowledges that Internet, cellular or radio transmissions may be impaired by GSM/LTE signal failure, atmospheric conditions, including electrical storms, power failures, failures of communication service providers or other conditions and events beyond Post’s control. Client further acknowledges that the use of Internet, cellular, or radio systems may be controlled by local state agencies and the Federal Communications Commission and changes in rules, regulations and policies may necessitate discontinuing such transmission facilities at Post’s option, in which event Post will substitute another service. If the Telephone Service connection is used, Client will pay for all telephone charges including any installation fees for a special jack to connect the alarm System to Client’s telephone service. Post recommends the use of an RJ31X or equivalent telephone jack to give the System priority over the other telephones in Client’s premises, HOWEVER, WHEN THE SYSTEM IS ACTIVATED, CLIENT WILL BE UNABLE TO USE THE TELEPHONE TO MAKE OTHER CALLS (SUCH AS CALLS TO 911 EMERGENCY OPERATOR), and therefore, Client may wish to have the System connected to a second telephone line. If Client’s telephone is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted and the Center will not know of the telephone service problem. Client further understands and agrees that transmission facilities currently available and used may not be available in the future (e.g. the discontinuance of common landline telephone service, 4G or GSM/LTE cellular). In such event Client agrees that in order to provide monitoring service, Post may be required to replace or modify Client’s existing transmission facilities. In such event, Client agrees to pay Post’s standard rates and charges for the installation and use of such facilities. For cellular service, Client agrees that if any event(s) generate signals in excess of the cellular service plan limit included in the monthly service fee, Client agrees to pay for any excess cellular service charges at the rate then in effect. Client may be required to sign a separate agreement for such transmission services. If the transmission facilities are connected to Client’s internal IP network, Client is solely responsible for providing Post with the proper connection facilities and for testing the IP network after connection of the System’s transmission equipment. If the Telephone Service is used, the use of DSL, VoIP or other broadband telephone service may prevent the System from transmitting alarm signals to the Center and/or interfere with the telephone line-seizure feature of the System. Such services should be installed on a telephone number that is not used for alarm signal transmission. IMMEDIATELY AFTER THE INSTALLATION OF DSL, VoIP OR OTHER BROADBAND SERVICE CLIENT MUST TEST THE SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTRAL STATION.
6. LIMITED WARRANTY: (a) What is Covered: For one year after we complete the installation of a new System, we will repair or replace any defective part of the System without charge to you. We can use new or used parts of the same quality. (b) How to Get Service: Call or write us at the address and telephone number at the top of this Agreement and tell us what is wrong with the System. We will provide service as soon as possible during our normal business hours which are 9:00 am to 5:00 pm Monday through Friday, excluding holidays we observe. A responsible adult must be at the premises at the time we visit. Emergency repair service is available at other times for an additional charge. (c) What is Not Included: Repair of the System is our only duty. This warranty does not include disposable batteries, or labor associated with the replacement of batteries and other disposable items. We make no other express warranty or any implied warranty including any warranty of merchantability of the System or its fitness for any special purpose. Except for the limited warranty provided herein, any equipment, material or service provided by Post is provided on an “AS IS” or “WITH ALL FAULTS” basis. We do not warrant that the System or services will always detect, or help prevent, any burglary, fire, hold-up or other such event. We do not warrant that the System cannot be defeated or compromised or that it will always operate as intended. This warranty does not cover repairs that are needed because of an accident, Acts of God, your failure to properly use the System, power failures or surges, if someone other than us attempts to repair or change the System, or any other reason except a defect in the equipment or our installation. We are not liable for consequential or incidental damage. You agree that this is our only warranty and we have given you no other warranty for the System. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. (d) State Law: Some states do not allow the exclusion or the limitation of consequential or incidental damages, so the above limitations or exclusions may not apply to you. The warranty gives you specific legal rights and you may also have other rights which may vary from state to state. This limited warranty may not be transferred or assigned to any other person or entity, other than the Client whose name is set forth on the first page of this Agreement.
7. SERVICE AND REPAIRS: If Client has requested Post to service and repair the alarm System after the expiration of Post’s one year limited warranty (on new installations) by payment of the monthly amount set forth herein that includes service and repair, Post agrees to make any necessary inspections, tests and repairs, excluding alarm screens, as required upon request by Client. Repairs necessitated by ordinary wear and tear shall be at Post’s expense. All other repairs shall be at Client’s expense and you agree to pay for all parts and labor necessary to repair the System as a result of damage to the System caused by accident, your misuse or modification of the System, acts of God, or attempted repair service performed by anyone other than Post or our designee. Charges for repairs will be based on our existing labor and material rates and will be portal to portal with a minimum one (1) hour visit charge and will be due and payable upon completion of the work. If you fail to pay for such charges upon completion of the work, we may terminate this Agreement. For fire alarm or sprinkler supervisory systems, we will provide inspection and testing service as set forth on the equipment description. Inspections and tests will be performed only during our normal business hours described above. A responsible adult must be at the premises at the time we visit. Client shall be responsible for and shall pay to Post the cost of any additions, corrections or changes to the alarm System that may be requested by Client after the execution of this Agreement, or required by any governmental, regulator or insurance agencies, or other governing institutions. All installations, necessary inspections and tests which may be required on the part of Post shall be performed between the regular business hours identified in Section 3 above, after notification to Post by Client within a reasonable time. Emergency service is available at other times at our prevailing service rates. Client acknowledges that Post’s obligation hereunder relates solely to the maintenance of the alarm System specified herein, and that Post is in no way obligated to insure the operation of the System, or to maintain or service Client’s property or the property of others for or to which the alarm System is connected. Client acknowledges that Client has chosen the System and that additional protection is available and may be obtained from Post, over and above that provided herein at an additional cost to Client.
8. FALSE ALARMS: Client agrees that Client, Client’s family members or others using or having access to the System, will use it carefully so as to avoid causing false alarms. False alarms can be caused by severe weather, faulty building construction, or other forces or conditions beyond Post’s control. If Post receives too many false alarms, that will be considered a material breach of this Agreement by Client and Post may cancel all services and recover all sums to which it is entitled hereunder. If a false alarm fine or penalty is charged to Client or Post by any governmental agency, Client will promptly pay the charge or promptly reimburse Post for the charge as the case may be. In addition, you shall pay us a fee for each false signal.
9. PATROL RESPONSE SERVICE: If Client has elected to subscribe to Patrol Response Service, that service will be provided under a separate agreement.
10. CLIENT’S DUTIES: Client will instruct Client’s family members, employees and others who may use or have access to the System on its proper use. Client will test the System’s protective devices and send test signals monthly to the Central Station. If the System includes space protection (e.g., ultrasonic, microwave, infrared, photo-beams or other such detectors) Client will turn off, control or remove all things, animate or inanimate, including but not limited to air conditioning systems, heaters, and pets that might interfere with such devices when they are turned on. If a problem in the System occurs, Client will notify Post immediately. Client will obtain and keep in effect all permits or licenses that may be required for the installation, maintenance and operation of the System. Client will pay all usage or response fees imposed by any governmental authority. Client will provide a Call List which will include the name, telephone number and relationship of each person Post is authorized to call in the event Post believes there is an emergency at Client’s premises, and other emergency information Post may request. Client acknowledges that without this complete and accurate Call List, Post cannot provide its monitoring services. Client will timely provide to Post in writing any changes to the Call List or written instructions regarding signal handling. Client agrees that we may disclose the information on the Call List to any governmental agency having jurisdiction over the use and operation of the System. CARBON MONOXIDE DETECTORS AND SMOKE ALARMS SHOULD BE PERIODICALLY REPLACED IN ACCORDANCE WITH APPLICABLE FIRE CODE STANDARDS OR THE MANUFACTURER’S RECOMMENDATION (TYPICALLY 5 TO 10 YEARS). You are solely responsible for timely replacing each detector or alarm. IF THE SYSTEM USES WIRELESS BATTERY OPERATED DETECTION DEVICES, CLIENT MUST NOTIFY POST IF THE SYSTEM EMITS A LOW BATTERY SIGNAL. WHEN NOTIFIED BY CLIENT, POST WILL REPLACE THE LOW BATTERY AT CLIENT’S EXPENSE. IF CLIENT FAILS TO NOTIFY POST, THE SYSTEM MAY NOT FUNCTION PROPERLY.
11. SUSPENSION OR CANCELLATION OF THIS AGREEMENT; RETURN OF POST’S EQUIPMENT: We may elect not to monitor, activate the System, or provide other services until the sales price is paid in full. We retain title to the System until the total sales price is paid in full. You will also permit us to disconnect and remove the System or any part of it from your home. Removal or disconnection of the System shall not be deemed a waiver of our rights to collect damages or any other sums then owed. We may terminate this Agreement and pursue any and all legal rights and remedies afforded to us by law to recover all damages to which we are entitled, including the value of the work performed and lost profits. We may also impose a late charge on all payments more than ten (10) days past due in the maximum amount permitted by state law. We may also elect to abandon all or any portion of the System at our sole discretion. You agree that installation of the System does not create a fixture to your premises. In the event of loss or damage to the System or any part thereof, you agree to pay us the reasonable value thereof or cost of repair, as applicable. Client understands that Post may stop or suspend monitoring or other services, or terminate this Agreement if (a) strikes, severe weather, earthquakes, interruption or unavailability of telephone or Internet service or other such events beyond its control affect its operations or so severely damage Client’s premises that continuing service would be impractical; (b) Post is unable to provide service because of some action or ruling by any governmental authority; (c) Client becomes a debtor in a bankruptcy proceeding; or (d) Client does not pay the service fees, after Post has given Client ten (10) days’ written notice that Post is cancelling the service because of non-payment. If service is suspended for non-payment, Post may charge a service re-establishment fee if Client requests and Post agrees to resume the service. If Client fails to make any payment when due, or is otherwise in breach of this Agreement, Post may discontinue service, terminate this Agreement and recover all damages to which Post is entitled including the value of the service performed and all amounts due to Post for the unexpired term of the Agreement. Post may also exercise its option to terminate as indicated in Section 1 of this Agreement by giving Client written notice of cancellation prior to the end of any term, for any reason and should Post exercise this option, Post will waive the Client’s fees for services not yet provided. In addition, Client understands the System is designed to work with the Central Station, and may not work with equipment used by other alarm companies or monitoring centers. The control communicator, yard signs, decals and other signs bearing Post’s name are the property of Post. Upon termination or expiration of this Agreement you will return them to Post or permit Post to enter your premises to remove them during regular business hours. You agree that if this Agreement is terminated by you for any reason, or if we terminate this Agreement for (a) non-payment, or (b) any failure or refusal by you to properly test and/or maintain the System, or (c) your abuse of the System, our services or personnel, or (d) any other default by you, before the end of the term of this Agreement, then you agree to pay all amounts due for services performed and an amount equal to our loss of profits for the remaining balance of the current term.In addition, a late payment fee of 1.5% (or the maximum interest rate permitted by law whichever is less) per month may be applied to your account if periodic invoices are not paid by the due date. The late payment fee is for costs associated with the late payment and shall not be deemed an interest payment. You agree to pay a fee of $25.00 for any check, EFT or ACH transaction returned unpaid by a financial institution for any reason. A minimum-handling fee of $5.00 may be assessed to cover costs for rebilling and mailing statements. We may request payment by money order, cashier’s check, or similar form of secure payment at our discretion at any time. If we retain the services of a collection agency or an attorney to assist in remedying your breach of this Agreement including, but not limited to, nonpayment of charges herein, you shall be liable for and agree to pay all expenses associated to collections, including attorneys’ fees and costs.
12. ASSIGNEES AND SUBCONTRACTORS; Post may transfer or assign this Agreement to any other alarm company or financing institution without notice to Client. Upon an assignment to another alarm company, Post will be relieved of any further obligations hereunder. Client may not transfer this Agreement to someone else (including someone who purchases or rents Client’s premises) unless Post pre-approves the transfer in writing and any and all permitted assignments shall include a requirement that any assignee will agree to abide by the terms and conditions herein. In the event a change in ownership of your premises is pending, you shall inform us in writing fourteen (14) days prior to such change becoming effective. All changes shall be provided to Post via certified mail or overnight courier. Post may use subcontractors to provide any services under this Agreement. This Agreement, and particularly Sections 13 and 14 shall apply to them and the services they provide and protect them in the same manner as it applies to and protects Post.
13. POST IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF LIABILITY: CLIENT UNDERSTANDS THAT: (a) POST IS NOT AN INSURER OF CLIENT’S PREMISES, PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR ON CLIENT’S PREMISES; (b) IT IS THE CLIENT’S SOLE RESPONSIBILITY TO PROVIDE ANY INSURANCE ON CLIENT’S PREMISES AND ITS CONTENTS AND ANY LIFE, DISABILITY, HEALTH OR OTHER INSURANCE FOR PERSONS USING OR LIVING IN CLIENT’S PREMISES OR THEIR PROPERTY THEREON; (c) THE AMOUNT CLIENT PAYS TO POST IS BASED ONLY ON THE VALUE OF THE SYSTEM AND SERVICE POST PROVIDES AND NOT ON THE VALUE OF YOUR PREMISE OR ITS CONTENTS; (d) ALARM SYSTEMS AND THE SERVICES POST MAY PROVIDE MAY NOT ALWAYS OPERATE PROPERLY FOR VARIOUS REASONS; (e) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF CLIENT’S PROPERTY OR THAT OF OTHERS THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE SYSTEM OR SERVICE FAILS TO OPERATE PROPERLY; (f) IT IS DIFFICULT TO DETERMINE, IN ADVANCE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHERS WOULD RESPOND TO A REQUEST FOR HELP; (g) IT IS DIFFICULT TO DETERMINING IN ADVANCE, WHAT PORTION, IF ANY, OF ANY PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY POST’S FAILURE TO PERFORM, POST’S NEGLIGENCE, OR A FAILURE OF THE SYSTEM; and (h) POST IS NOT AN INSURER OF THE SAFETY AND PRIVACY OF YOUR INFORMATION STORED ON OUR COMPUTER SYSTEMS; OUR COMPUTER SYSTEMS ARE SUBJECT TO RISKS RELATED TO CYBERATTACKS AND CYBERCRIME, AS A RESULT OF WHICH INFORMATION AND VIDEO FOOTAGE ABOUT YOU AND YOUR PREMISES MAY BE INTERCEPTED AND USED BY THIRD PARTIES IN A WAY THAT WOULD COMPROMISE YOU, YOUR SAFETY AND PRIVACY, THE SAFETY OF YOUR PREMISES, AND THE PRIVACY AND SAFETY OF THIRD PARTIES IN OR ON YOUR PREMISES.
THEREFORE CLIENT AGREES:
EVEN IF A COURT DECIDES THAT POST’S BREACH OF THIS AGREEMENT, A FAILURE OF THE SYSTEM, POST’S NEGLIGENCE OR A FAILURE OF THE SERVICES TO BE PROVIDED BY POST CAUSED OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO CLIENT OR ANYONE IN CLIENT’S HOME, CLIENT AGREES THAT POST’S LIABILITY SHALL BE LIMITED TO THE LESSER OF $1,000 OR TWELVE (12) TIMES THE MONTHLY SERVICES FEE, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THIS SHALL BE CLIENT’S ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY (INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR BREACH OF WARRANTY) IS USED TO DETERMINE THAT POST WAS LIABLE FOR THE INJURY OR LOSS.
CLIENT MAY OBTAIN A HIGHER LIMITATION OF LIABILITY. IF CLIENT WISHES, CLIENT MAY OBTAIN A HIGHER LIMITATION OF LIABILITY INSTEAD OF THE STATED LIQUIDATED DAMAGES FOR AN ADDITIONAL PERIODIC FEE. IF CLIENT ELECTS THIS OPTION, POST WILL ATTACH A RIDER TO THIS AGREEMENT SETTING FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE ADDITIONAL CHARGE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT POST IS AN INSURER OF CLIENT, CLIENT’S PREMISES OR PROPERTY OR PERSONAL SAFETY OF THIRD PARTIES IN OR ON YOUR PREMISES OR THEIR PROPERTY.
14. THIRD PARTY INDEMNIFICATION AND SUBROGATION: IF ANYONE OTHER THAN CLIENT ASKS POST TO PAY FOR ANY HARM OR DAMAGES (INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) CONNECTED WITH OR RESULTING FROM : (i) POST’S BREACH OF THIS AGREEMENT; (ii) A FAILURE OF THE INSTALLATION, DESIGN OF THE SYSTEM, THE SYSTEM OR SERVICES; (iii) POST’S NEGLIGENCE; (iv) ANY OTHER IMPROPER OR CARELESS ACTIVITY OF POST IN PROVIDING THE SERVICES, OR (v) A CLAIM FOR INDEMNIFICATION OR CONTRIBUTION, CLIENT WILL PAY TO POST: (a) ANY AMOUNT WHICH A COURT ORDERS POST TO PAY OR WHICH POST REASONABLY AGREES TO PAY; (b) THE AMOUNT OF OUR REASONABLE ATTORNEY’S FEES AND ANY OTHER LOSSES OR COSTS THAT POST MAY PAY IN CONNECTION WITH THE HARM OR DAMAGES. CLIENT’S OBLIGATION TO PAY POST FOR SUCH HARM OR DAMAGES SHALL NOT APPLY IF THE HARM OR DAMAGES HAPPENS WHILE ONE OF POST’S EMPLOYEES OR SUBCONTRACTORS IS IN OR ABOUT THE PROTECTED PREMISES, AND SUCH HARM OR DAMAGE IS SOLELY CAUSED BY THAT EMPLOYEE OR SUBCONTRACTOR (AS OPPOSED TO A SITUATION WHEN POST’S EMPLOYEE OR SUBCONTRACTOR FAILED OR WAS UNABLE TO PREVENT A LOSS CAUSED IN WHOLE OR IN PART BY ANOTHER PERSON). UNLESS PROHIBITED BY CLIENT’S HOMEOWNER'S OR OTHER INSURANCE POLICY, CLIENT AGREES TO RELEASE POST FROM ANY AND ALL CLAIMS OF ANY PARTY/IES SUING THROUGH CLIENT’S AUTHORITY OR IN CLIENT’S NAME, SUCH AS CLIENT’S INSURANCE COMPANY, AND CLIENT AGREES TO DEFEND POST AGAINST ANY SUCH CLAIM. CLIENT WILL NOTIFY CLIENT’S INSURANCE COMPANY OF THIS RELEASE.
15. CLASS ACTION WAIVER; LIMITATION ON LAWSUITS: Client and Post agree that Client and anyone succeeding to Client’s rights may bring claims against Post only in Client’s or their individual capacity and not as a class action plaintiff, class action member, as part of any private attorney general action, or in any other purported class or representative proceeding. Both Post and Client agree that no demand for arbitration, lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. Any controversy, dispute, or claim between the parties arising out of or relating to this Agreement (other than actions brought by Post in small claims court to collect amounts due under this Agreement) will be settled by a reference proceeding in Los Angeles County, California, in accordance with the provisions of Section 638, et seq., and 641 through 645.1, of the California Code of Civil Procedure, or their successor sections, which shall constitute the exclusive remedy for the resolution of any controversy, dispute, or claim arising out of or concerning this Agreement, including whether such controversy, dispute, or claim is subject to the reference proceeding. The referee shall be appointed to sit as a temporary Judge with all of the powers of a temporary Judge authorized by law. In the event the enabling legislation, which provides for the appointment of a referee is repealed and no successor statute is enacted, any dispute between the parties that would otherwise be determined by a reference procedure herein, will be resolved and determined by binding arbitration. That arbitration will be conducted by a retired Judge of the Superior Court in accordance with Section 1280 to 1294.2 of the California Code of Civil Procedure, as amended from time to time, and not under the Federal Arbitration Act. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. IF POST PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THIS AGREEMENT BETWEEN THE PARTIES, CLIENT SHALL PAY POST’S LEGAL FEES, UNLESS OTHERWISE PROHIBITED BY CALIFORNIA LAW. You agree that this Agreement is performed in the State of California and shall be governed by the laws of California. In addition, both parties waive any right to a jury trial in any matter related to this Agreement.
16. ENTIRE AGREEMENT; SEVERABILITY; GOVERNING LAW: The entire and only Agreement between Client and Post for alarm purchase, installation or services is written in this Agreement. It replaces any earlier oral or written understandings or agreements, including any previous agreement by which Post provided alarm services for Client. It may only be changed by a written agreement signed by Client and Post. THIS AGREEMENT MAY NOT BE AMENDED OR ALTERED BY ANY ORAL OR WRITTEN STATEMENTS OF THE SECURITY CONSULTANT, but rather only by a written agreement signed by both parties. If Client has given or ever gives Post a purchase order for the System or service which provides for different terms than this Agreement, this Agreement will govern and be controlling. In the event any of the terms or provisions of this Agreement shall be declared to be invalid or inoperative under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms shall continue in full effect.
17. POST’S LICENSES: ALARM COMPANY OPERATORS ARE LICENSED AND REGULATED BY THE BUREAU OF SECURITY AND INVESTIGATIVE SERVICES, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO, CALIFORNIA 95814. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
18. CONSENT TO CALL/LOCATION RECORDING AND MONITORING; USE OF YOUR INFORMATION: You understand and agree that in conjunction with employee training, quality control and the provision of services, Post may monitor and/or record video and audio related to monitored activity at your location as well as telephonic (whether cellular, cordless, or corded) or in-person conversations with you, other persons within your location, other persons authorized to communicate with Post on your behalf, those on your Call List, emergency services providers, and law enforcement personnel. Further, you understand that privacy cannot be guaranteed on telephone, cable and computer systems, and we shall not be liable to you for any claims, loss, damages or costs which may result from a lack of privacy experienced. You consent to Post (i) using information about you, your location, and persons within your location (collectively, “information”) to administer services, offer you new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, (ii) providing information to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) sharing aggregate customer information and statistics that do not include information that identifies you or any third party personally. Except as required to provide the services that you have selected, we will not otherwise monitor your premises. A System with audio or video capability may enable us to record, store and review oral communications from in and outside of you premises, and such video or audio capability may require the prior consent of all parties to the oral communication. You agree, authorize and consent to our recording, storing and reviewing video images and oral communications transmitted to the Center from the System at your premises. You are solely responsible for, to the extent required by law, informing persons on your premises that they may be monitored by video or audio and, to the extent required by law, obtain consent from all persons on your premises to permit the recording, storing, and reviewing of video images or oral communications.
19. CONSENT TO USE OF INFORMATION: If you subscribe to Post’s video surveillance service, [including its two-way audio functionality], you understand and agree that you will not use the System to record or monitor sounds or images or to view images in locations where there might otherwise be a reasonable expectation of privacy, and that you will not view, capture, store, or provide access to a sound or to an image in a manner that violates the personal privacy of another individual or any applicable state or federal law or regulation. You are responsible for any pictures and videos you have stored on your server or are transmitted to third parties from the System provided with your video solution. You expressly agree that you are subject to and will comply with all applicable laws and regulations related to your use of the services and the System, including privacy laws. If you are a joint account holder with another individual, each account holder is jointly and severally liable with all other account holders for any violations of this Agreement.
20. MECHANICS LIEN: Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property. A mechanics' lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics' liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20-day Preliminary Notice.” This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB's Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752). REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.