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PURCHASE AND MONITORING TERMS AND CONDITIONS
INTRODUCTION AND SUMMARY TO TERMS AND CONDITIONS STATEMENT:
PLEASE READ THESE TERMS AND CONDITIONS BEFORE PURCHASING ANY GOODS OR SERVICES FROM THE FLOYD TOTAL SECURITY WEBSITE. ANY PURCHASES MADE FOR GOODS OR SERVICES FROM THE FLOYD TOTAL SECURITY WEBSITE ARE ALL BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT ANY PRIOR WRITTEN NOTICE. THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS CAN BE FOUND AT FLOYDTOTALSECURITY.COM. THESE TERMS AND CONDITIONS SHALL APPLY TO ALL GOODS AND SERVICES PURCHASED AND LISTED ON THE SALES ORDER SUMMARY AT THE TIME OF THE SALE FROM FLOYD TOTAL SECURITY, HEREINAFTER CALLED “FLOYD” LOCATED AT 9036 GRAND AVE SOUTH, BLOOMINGTON, MINNESOTA 55420 AND PURCHASER, HEREINAFTER CALLED “SUBSCRIBER” LOCATED AT THE ADDRESS INDICATED ON THE SALES ORDER SUMMARY.
1. EQUIPMENT INVOICE: UPON PLACING AN ORDER THROUGH FLOYD, BY MEANS OF USING THEIR CREDIT CARD, SUBSCRIBER WILL AUTHORIZE PAYMENT TO FLOYD FOR THE COST OF THE EQUIPMENT AS OUTLINED WITHIN THE SALES ORDER SUMMARY FOR THE TOTAL ORDER AMOUNT PLUS ANY APPLICABLE SALES TAXES OR FEES. SUBSCRIBER’S CREDIT CARD WILL BE CHARGED FOR SYSTEM EQUIPMENT WHEN THE ORDER IS CONFIRMED.
2. MONITORING INVOICE: UPON PLACING THIS ORDER BY MEANS OF USING THEIR CREDIT CARD, SUBSCRIBER AGREES TO AUTHORIZE PAYMENT TO FLOYD FOR MONITORING SERVICES FOR THE AGREED AMOUNT PER MONTH. THIS IS BILLED ONE MONTH IN ADVANCE. SUBSCRIBER AUTHORIZES FLOYD TO CHARGE THE SUBSCRIBER’S CREDIT CARD FOR MONITORING SERVICES BEGINNING 2 WEEKS AFTER SHIP DATE OF THE EQUIPMENT TO THE SUBSCRIBER.
3. MONITORING COMMITMENT: THE SUBCRIBERS MONITORING COMMITMENT SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF (12) TWELVE MONTHS FROM THE DATE THE SYSTEM IS FIRST MONITORED AND SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY TERMS. SUBSCRIBER CAN CANCEL MONITORING AFTER THE COMPLETION OF THE INITIAL (12) TWELVE MONTH TERM OF THIS AGREEMENT. TO CANCEL MONITORING SERVICES AFTER THE INITIAL TERM, SUBSCRIBER MUST NOTIFY FLOYD, IN WRITING, AT LEAST (30) THIRTY DAYS PRIOR TO THE EXPIRATION OF THE MONITORING SERVICE.
4. MONITORING PRICING AND SERVICE TIME COMMITMENT: UPON PLACING THIS ORDER, SUBSCRIBER AGREES TO PAY THE MONTHLY MONITORING PRICING AS REFLECTED BY THE SERVICE COMMITMENT CHOICE SELECTED AT THE TIME OF THE INITIAL PURCHASE. INTERNET ONLY – MONITORING (WITH NO BACK-UP COMMUNICATION CAPABILITIES: WILL BE BILLED AT $24.95/MONTH. MONITORING WITH CELLULAR BACK-UP (FOR DUAL-PATH COMMUNICATION CAPABILITIES): WILL BE BILLED AT $32.95/MONTH. IN BOTH CASES, AGREEMENTS WILL BE FOR A MINIMUM OF ONE (1) YEAR COMMITMENT.
5. ALARM TRANSMISSION SIGNALS: SUBSCRIBER UNDERSTANDS THAT IN ORDER FOR FLOYD’S CENTRAL MONITORING STATION TO RECEIVE ALARM AND SUPERVISORY SIGNALS FROM THE ALARM SYSTEM ON YOUR PREMISE, THE SIGNALS ARE SENT THROUGH CELL, WIFI, OR PHONE LINE (POTS LINE) SERVICE. SUBSCRIBER FURTHER UNDERSTANDS THOSE MEANS OF COMMUNICATIONS ARE NOT PROVIDED OR CONTROLLED BY FLOYD, WHICH MEANS IF THEY ARE OUT OF ORDER, DISCONNECTED, OR OTHERWISE INTERRUPTED, ALARM OR SUPERVISORY SIGNALS MAY NOT BE RECEIVED BY FLOYD IN THE CENTRAL MONITORING STATION.
6. FLOYD IS NOT AN INSURER – LIQUIDATED DAMAGES: SUBSCRIBER ACKNOWLEDGES AND AGREES THAT FLOYD IS NOT AN INSURER, NOR ARE THESE TERMS AND CONDITIONS INTENDED TO BE AN INSURANCE POLICY OR A SUBSTITUTE FOR AN INSURANCE POLICY. INSURANCE, IF ANY, WILL BE OBTAINED BY YOU, THE SUBSCRIBER. CHARGES ARE BASED UPON THE VALUE OF THE SERVICES PROVIDED FOR AND ARE UNRELATED TO THE VALUE OF SUBSCRIBER’S PROPERTY OR PROPERTY OF OTHERS ON SUBSCRIBER’S PREMISES. THE AMOUNTS PAID BY SUBSCRIBER ARE NOT SUFFICIENT TO WARRANT FLOYD ASSUMING ANY RISK OF CONSEQUENTIAL OR OTHER DAMAGES TO SUBSCRIBER DUE TO FLOYD’S NEGLIGENCE OR FAILURE TO PERFORM. FROM THE NATURE OF SERVICES TO BE PREFORMED, IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES, IF ANY. IF FLOYD SHOULD BE FOUND LIABLE FOR A LOSS OR DAMAGE DUE TO FAILURE ON THE PART OF FLOYD OR THE SYSTEM, ITS LIABILITY SHALL BE LIMITED TO REFUND TO SUBSCRIBER OF 6 TIMES THE MONTHLY CHARGES OR $250, WHICHEVER IS GREATER. THIS IS AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY, AND THIS LIABILITY SHALL BE EXCLUSIVE. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY ONLY IN THE EVENT OF LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS BEING DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM THE PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS SET FORTH BY THESE TERMS AND CONDITIONS, OR FROM NEGLIGENCE ACTIVE OR OTHERWISE, OF FLOYD, ITS AGENTS OR EMPLOYEES.
7. FLOYD SECURITY’S LIABILITY: FLOYD DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE COMPROMISED, CIRCUMVENTED, OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE, OR OTHERWISE, OR THAT THE SYSTEM WILL, IN ALL CASES, PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES THAT FLOYD IS NOT AN INSURER, AND THAT SUBSCRIBER ASSUMES ALL RISK FOR LOSS OR DAMAGE TO SUBSCRIBER’S PREMISES OR CONTENTS, AND FLOYD HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS SET FORTH HEREIN.
8. SELECTION OF SYSTEM COMPONENTS: SUBSCRIBER AGREES AND UNDERSTANDS THAT THE SUBSCRIBER SELECTED THE EXTENT OF THE PROTECTION AND ANY OTHER EQUIPMENT TO BE INSTALLED AT SUBSCRIBER’S PREMISE. ADDITIONAL EQUIPMENT AND PROTECTIVE DEVICES ARE AVAILABLE BUT NOT SELECTED BY THE SUBSCRIBER. THE SUBSCRIBER AGREES THAT FLOYD SHALL HAVE NO
LIABILITY OR OBLIGATION FOR THE FAILURE TO PROVIDE ANY EQUIPMENT OR PART OF THE SYSTEM NOT LISTED IN THE SALES ORDER SUMMARY.
SUBSCRIBER’S RESPONSIBILITY:
9. SUBSCRIBER AGREES TO PROVIDE FLOYD CURRENT, AND ON A CONTINUING BASIS, A LIST OF NAMES AND PHONE NUMBERS OR PERSONS AUTHORIZED TO ENTER SUBSCRIBER’S PREMISES AND ACT AS THE SUBSCRIBERS’ REPRESENTATIVE.
9.1 PROVIDE A CONTINUOUS SOURCE OF POWER AND WIFI, IF APPLICABLE, FOR CERTAIN EQUIPMENT.
9.2 CAREFULLY AND PROPERLY SET THE SYSTEM. FLOYD RECOMMENDS MONTHLY TESTING THE SYSTEM’S OPERATION, MOTION DETECTION COVERAGES, AND ALARM SIGNAL TRANSMISSION TO THE CENTRAL STATION.
9.3 TURN OFF AND REMOVE ANY DEVICES SUCH AS FANS OR BALLONS THAT MAY CAUSE NUISANCE ALARMS.
9.4 CONTAIN ALL PETS SO THEY DO NOT MOVE IN FRONT OF MOTION SENSING DEVICES AND CAUSE NUISANCE ALARMS.
10. FLOYD’S RESPONSIBILITY: TO THE BEST OF FLOYD’S ABILITY AND JUDGEMENT; IF FLOYD RECEIVES A BURGLARY, HOLD UP, FIRE OR CARBON MONOXIDE SIGNAL FROM ANY MONITORED DEVICE CONNECTED TO THE SYSTEM, TO CALL THE SUBSCRIBER OR SUBSCRIBER’S REPRESENTATIVE FIRST. IF UNABLE TO TALK WITH SUBSCRIBER OR SUBSCRIBER’S REPRESENTATIVE, SUBSCRIBER AUTHORIZES FLOYD TO CALL LOCAL GOVERNMENTAL AGENCIES AND DISPATCH AUTHORITIES TO SUBSCRIBER’S PREMISE. FLOYD WILL NOTIFY A PERSON FROM THE LIST OF PEOPLE, PROVIDED BY THE SUBSCRIBER, WHO HAVE ACCESS TO SUBSCRIBER’S PREMISES AND NOTIFY THEM OF THE ALARM SIGNAL RECEIVED.
11. INCREASE IN CHARGES: ALL CHARGES SET FORTH HEREIN ARE BASED ON EXISTING FEDERAL, STATE AND LOCAL TAXES AND UTILITY CHARGES. FLOYD SHALL HAVE THE RIGHT, AT ANY TIME AFTER THE INITIAL TERM TO INCREASE THE CHARGES PROVIDED HEREIN, TO REFLECT ANY ADDITIONAL TAXES, FEES OR CHARGES WHICH MAY HEREAFTER BE IMPOSED BY ANY GOVERNMENTAL AGENCY AND SUBSCRIBER AGREES TO PAY THE SAME.
12. AFTER TWO YEARS OF SERVICE, EXCLUDING INCREASES AS STATED IN PARAGRAPH 11, FLOYD MAY, AT ANY TIME, INCREASE THE MONTHLY SERVICE CHARGE. IN THE EVENT SUBSCRIBER IS NOT WILLING TO PAY THOSE INCREASES, SUBSCRIBER MAY TERMINATE THEIR MONITORING COMMITMENT AFTER GIVING FLOYD, IN WRITING, NOTICE WITHIN 30 DAYS OF RECEIVING INCREASE FROM FLOYD. IF SUBSCRIBER IS IN DEFAULT ON ANY OF THESE TERMS OR CONDITIONS, ALL MONIES CURRENT TO THAT TIME AS STATED ABOVE BECOME DUE AND IMMEDIATELY PAYABLE.
13. SUSPENSION OF SERVICE BY FLOYD: THIS MONITORING COMMITMENT MAY BE SUSPENDED OR CANCELLED BY FLOYD, WITHOUT NOTICE, LIABILITY, OR PENALTY, AT THE SOLE OPTION OF FLOYD, IN THE EVENT FLOYD’S CENTRAL MONITORING STATION, CONNECTION WIRES, AIR SIGNALS, OR OTHER EQUIPMENT ARE DESTROYED BY FIRE, OTHER CATASTROPHE OR IS SO SUBSTANTIALLY DAMAGED THAT IT IS IMPRACTICAL TO CONTINUE SERVICE BETWEEN THE CENTRAL MONITORING STATION AND SUBSCRIBER. ANY MONIES PAID WILL BE REFUNDED.
14. SUBSCRIBER DEFAULT: SHOULD SUBSCRIBER DEFAULT IN THE PERFORMANCE OF ANY OF THESE TERMS OR CONDITIONS, INCLUDING THE FAILURE TO MAKE MONITORING PAYMENTS AS AGREED UPON HEREIN, MONITORING SERVICES WILL BE TERMINATED AND THE BALANCE OF ALL MONIES DUE SHALL BECOME IMMEDIATELY DUE AND PAYABLE, INCLUDING REASONABLE ATTORNEY FEES SHOULD THAT BE NECESSARY.
15. WAIVER OF SUBROGATION: THE SUBSCRIBER DOES HEREBY FOR HIM/HERSELF AND ANY PARTIES CLAIMING UNDER HIM/HER, RELEASE AND DISCHARGE FLOYD FROM AND AGAINST ALL HAZARDS COVERED BY CUSTOMER’S INSURANCE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST FLOYD OR ITS OFFICERS OR AGENTS, FOR ANY LOSS OF DAMAGES RESULTING FROM FIRE, BURGLARY OR ANY OTHER CAUSE COVERED UNDER ANY SUCH POLICY. IF ANY OF THE AFORESAID POLICIES OF THE CUSTOMER REQUIRE THE SUBSCRIBER TO INFORM ITS INSURER OF THE EXISTENCE OF THIS WAIVER OF SUBROGATION PROVISION, THE SUBSCRIBER SHALL PROMPTLY PROVIDE THE APPROPRIATE NOTICE TO ITS INSURER.
16. THIRD PARTY INDEMNIFICATION: IN THE EVENT ANY PERSON NOT A PARTY TO THESE TERMS OR CONDITIONS SHOULD FILE ANY CLAIM AGAINST FLOYD, ITS OFFICERS OR AGENTS, FOR ANY REASON WHATSOEVER RELATED TO THE INSTALLATION, MAINTENANCE, OPERATION OR MIS OPERATION OR NON OPERATION OF THE SYSTEM, SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD FLOYD, ITS OFFICERS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COST AND ATTORNEY’S FEES.
17. TIME REQUIRED FOR FILING A SUIT: ALL SUITS, ACTIONS OR PROCEEDINGS, LEGAL OR EQUITABLE, AGAINST FLOYD MUST BE COMMENCED IN COURT WITHIN (1) YEAR AFTER CAUSE OF ACTION HAS ACCRUED OR THE ACT, OMISSION OR EVENT OCCURRED UPON WHICH THE SUIT, ACTION OR PROCEEDING ARISES, WHICHEVER IS EARLIER, AND IF NO SUCH CLAIM, ACTION OR PROCEEDING IS INSTITUTED WITHIN SUCH TIME IT IS BARRED, TIME BEING OF THE ESSENCE OF THIS PARAGRAPH.
18. ASSIGNMENT OF THESE TERMS AND CONDITIONS: THESE TERM AND CONDITIONS ARE NOT ASSIGNABLE BY SUBSCRIBER EXCEPT UPON WRITTEN CONSENT BY FLOYD.
19. ENTIRE UNDERSTANDING: YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT BY ACCEPTING THESE TERMS AND CONDITIONS IT IS THE ENTIRE UNDERSTANDING BETWEEN BOTH PARTIES AND SUPERSEDES ANY ORAL OR OTHER AGREEMENTS OR REPRESENTATIONS THAT COULD HAVE BEEN MADE.
20. SUBSCRIBER AGREES TO THE USE OF ELECTRONIC SIGNATURES.
21. BY CHECKING THE “TERMS & CONDITIONS” BOX YOU ARE AGREEING WITH AND ACCEPTING ALL OF THESE TERMS AND CONDITIONS.