Last edited on Mar 12, 2019
Alarm Monitoring Service Addendum to Mediacom Residential Customer and User Agreement
This Addendum (the “Addendum”) to the Mediacom Residential Customer and User Agreement (“MRCU Agreement”), together with the Home Monitoring Service Work Order (the “Work Order”) is made by and between Mediacom Communications Corporation and its subsidiaries and affiliates (“Dealer”) and Subscriber (“you” “your” or “Subscriber”). The terms of the Work Order are incorporated by reference and adopted herein.
Subscriber will have accepted the Addendum and the Work Order, and be bound by their terms, upon the earlier of: (a) Subscriber’s signature on the Work Order, (b) Subscriber’s acknowledgement or acceptance of the Addendum electronically, (c) the effective date of any installation of the event-monitoring alarm system at the premises identified in the Work Order (the “Premises”), or (d) Subscriber’s use of the alarm monitoring services.
1. MONITORING SERVICE.
Subscriber agrees to purchase and Dealer agrees to furnish and install at Subscriber’s Premises an event-monitoring alarm system (“Service”) and the included equipment (“Service Equipment”) as described in the Work Order. Dealer or its designee shall monitor Subscriber’s Service twenty-four hours per day, seven days per week. Service will begin when the equipment is installed and operational and when the necessary communications connection is completed. If an alarm signal is received from the equipment, Dealer or its designee shall use all reasonable efforts to create a two-way communication by telephone with appropriate personal contact information as provided by the Subscriber, failing which, or if directed by the contact, Dealer or its designee shall use all reasonable efforts to dispatch the appropriate emergency responders in the vicinity of the Premises. This Section 1 contains Dealer’s only monitoring and response obligations. Subscriber agrees to notify Dealer of Subscriber’s disposition with regard to any signal within twenty-four hours.
2.1 Ownership of Equipment. The following equipment installed by Dealer shall remain Dealer’s property: any touch screen/control panel and router connected to Subscriber’s cable modem (the “Dealer Equipment”). Subscriber will own any other equipment (“Service Equipment,” “Equipment Package, and “Additional Equipment,” collectively, the “Subscriber Equipment”) installed at the Premises when Subscriber pays the purchase price in full (Dealer Equipment and Subscriber Equipment shall collectively be referred to as “Equipment”). Upon the termination or expiration of the Service, Subscriber agrees that Dealer or its designee may enter the Premises and remove some or all of the Dealer Equipment and/or disable the Service. Should Subscriber fail or refuse to allow Dealer or its designee access to the Premises, Subscriber also agrees to: (i) pay Dealer our reasonable charges for the Dealer Equipment, and (ii) reimburse Dealer for any fees and costs (including, but not limited to, reasonable attorneys' fees) Dealer may incur in seeking to gain access to remove the Dealer Equipment or to collect such charges. Dealer has no obligation to repair or redecorate the Premises after any such removal. Dealer’s removal, disabling or abandonment of the Dealer Equipment does not constitute waiver of Dealer’s right to collect any unpaid charges due hereunder.
2.2 Subscriber Equipment.
2.2.1 Service Equipment. Certain equipment (“Service Equipment”) is included in the monthly fee paid for the Service (“Service Fee”). The Service Equipment includes three (3) door/window sensors and one (1) motion detector. Dealer may change, add or substitute any of the Service Equipment at any time.
2.2.2 Equipment Packages. In addition to the Service Equipment, you may purchase an equipment package which contains predetermined equipment (“Equipment Package”). Dealer may change, add or substitute any equipment in any Equipment Package at any time.
2.2.3 Additional Equipment. Individual equipment is available for purchase on an a la carte basis (“Additional Equipment”). Dealer may change, add, substitute, discontinue any Additional Equipment at any time.
3. PAYMENT FOR SERVICE, EQUIPMENT AND INSTALLATION.
Subscriber agrees to pay to Dealer the monthly fee for the Service (“Service Fee”) any fees for Equipment Packages, Additional Equipment and Installation as described in the Work Order.
You will receive billing statements from Dealer and you are obligated to make payment in full to Dealer by the due date specified on any billing statement. Your failure to make timely payments to Dealer may result in the assessment of late fees or other collection fees (including, but not limited to, Dealer’s reasonable attorneys’ fees).
4. LIMITED WARRANTY--REPAIRS AND ADJUSTMENTS.
Dealer agrees to repair or replace at its option any part of the system which, within one year following installation, is defective due to faulty design, materials or workmanship. Thereafter, Subscriber shall be responsible for labor and material costs involved in any adjustment, repair or replacement unless Subscriber has contracted for Dealer’s continuing maintenance service, if available. If Subscriber so contracts, in exchange for a monthly fee, Dealer will provide labor and parts to perform remedial maintenance services on the system. Such services will be performed only when Subscriber notifies Dealer that services are needed. Dealer will perform no inspections or preventive maintenance and Dealer MAKES NO WARRANTY REGARDING ITS MAINTENANCE SERVICE. The parties’ relationship regarding maintenance services is governed by all other appropriate parts of this Addendum including, specifically, Paragraphs 19, 20, 21 and 24. Either party may cancel the maintenance service at any time. The fee for the maintenance service, if any, shall be in an amount as set forth in the Work Order until modified by Dealer upon advance written notice to Subscriber.
5. “LIMITATION OF TECHNOLOGY”.
Subscriber understands and agrees that the service rendered under this Addendum relies on Subscriber’s wireline broadband (internet) and / or Subscriber’s cellular broadband backup (“Subscriber’s Broadband System”). Subscriber understands and agrees that during the term of this Agreement, Subscriber must have and subscribe to Mediacom HSD Service. Subscriber understands and agrees that Dealer does not guarantee the operation of Subscriber’s Broadband System. Subscriber also understands and agrees that anytime Subscriber’s Broadband System is non-operational, the security system provided under this Addendum will likewise not be fully functional. This means that during such non-operational periods of Subscriber’s Broadband System, the alarm signals may not transmit to our monitoring station. This acknowledgement applies to every term and condition of this Addendum.
6. ALARM VERIFICATION.
The laws in some areas may require Dealer to use private security personnel to respond to and verify certain intrusion alarms before local police will agree to be dispatched. In those areas, Dealer’s monitoring station will use local security firms to respond to such alarms, and, if there is a reasonable basis to believe an intrusion has occurred, local police will be contacted and requested to dispatch emergency responders. Subscriber agrees and acknowledges that, where required by law, this verification procedure may result in a delay in the dispatch of emergency responders. Subscriber further agrees and acknowledges that the acts or omissions of any private security personnel used by Dealer’s monitoring station to verify intrusion alarms shall be subject to the terms and conditions of the Addendum -- including, but not limited to, the limitation of liability set forth below.
7. CONTACT INFORMATION.
Subscriber shall provide Dealer with a list of names and contact information of persons who Subscriber wants Dealer’s monitoring station to contact in the event of an alarm condition at the Premises. Dealer may (but is not obligated to) attempt to contact Subscriber or another person that Subscriber has identified to verify the alarm before Dealer requests a dispatch of the police or other emergency responders. If a person at the Premises (or another authorized contact person) provides Dealer’s monitoring station with a pre-agreed and current passcode on Subscriber’s account and requests that Dealer disregard an alarm, that Dealer not contact emergency responders, or that Dealer cancel a previous dispatch request to emergency responders, Dealer may (but is not obligated to) attempt to do so. If Dealer’s monitoring station has any reason to believe that no emergency condition exists at the Premises, Dealer may elect, in its sole discretion, not to request the dispatch of emergency responders and/or not to follow the notification or other procedures utilized for alarm conditions.
Subscriber agrees to provide Dealer with information that is accurate, complete and current, including Subscriber’s legal name, address, telephone number(s) and all information, including any permitting information as described in Section 27 below, required for the monitoring of the Equipment. Subscriber must notify Dealer, in advance and in writing, of any person Subscriber wishes Dealer to try to contact if an alarm occurs on the Premises. Subscriber is responsible for updating and ensuring the accuracy of this contact information. Subscriber shall bear the exclusive risk of any consequential damages resulting from the failure to provide accurate and updated contact information. The person(s) identified in Subscriber’s contact information will be authorized to act on Subscriber’s behalf, including the authority to cancel an alarm prior to the notification of emergency responders. Dealer is entitled to rely solely on the instructions of any person(s) identified in Subscriber’s emergency contact information -- provided such person supplies Dealer’s monitoring station with the pre-agreed and current passcode on Subscriber’s account at the time of the alarm.
8. RECORDED COMMUNICATIONS.
Subscriber agrees that Dealer’s monitoring station may (but is not obligated to) record and retain any communications concerning Subscriber’s account regardless of whether such communications are: (i) from the Premises, a mobile telephone or some other communications device; (ii) with a person or persons who is not identified in the contact information provided on Subscriber’s account; and/or (iii) with a person or persons who does not provide Dealer with the pre-agreed and current passcode on Subscriber’s account.
9. NO WARRANTY OR REPRESENTATION.
Other than as stated in Paragraph4 above Dealer does not represent or warrant that the system may not be compromised or circumvented or that the system will prevent any personal injury, loss of life, or property loss or damage or that the system will in all cases provide the notification which is intended, and the Subscriber has not relied upon any such representation or warranty. The Subscriber acknowledges that any affirmation of fact or promise made by Dealer or its agents, servants or employees, shall not be deemed to create an express warranty unless included in this Addendum in writing. DEALER, ON BEHALF OF ITSELF AND ITS DIRECT AND INDIRECT SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEALER AND ITS DIRECT AND INDIRECT SUPPLIERS MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. ADDITIONAL EQUIPMENT DISCLAIMER.
Subscriber acknowledges that Dealer has offered additional Equipment, systems and protections which are available for additional charges. Subscriber is responsible for determining the types and locations of Equipment that best meet Subscriber’s needs. Subscriber is not relying on Dealer’s skill or judgment in making this determination and Dealer cannot accept any responsibility for Subscriber’s choices.
11. MEDICAL AND/OR FALSE ALARM CHARGES.
In the event of an alarm, Subscriber does hereby authorize Dealer to seek to notify emergency responders and attempt to obtain assistance. To the extent that any fees or costs result from such notification (such as, without limitation, medical expenses, ambulance charges, false alarm fines, etc.), Subscriber and/or its insurer shall be obligated for and agrees to pay and hold Dealer harmless for any and all costs and expenses. If there are repeated false alarms at the Premises, Dealer may terminate this Addendum “for cause.” If Dealer notifies Subscriber of a malfunction which results in repeated false alarms, Subscriber will disconnect the Equipment until the malfunction is repaired. This may result in an interruption of services.
IF SUBSCRIBER AGREED TO PURCHASE THE SERVICES OR EQUIPMENT DESCRIBED HEREIN WHILE MEETING WITH DEALER’S SALES REPRESENTATIVE AT THE PREMISES, YOU, THE SUBSCRIBER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION AS INDICATED IN THE WORK ORDER. THE SUBSCRIBER ACKNOWLEDGES RECEIPT OF A SEPARATENOTICE OF CANCELLATION FORM, WHICH EXPLAINS THIS RIGHT AND HOW SUBSCRIBER MAY EXERCISE THIS RIGHT.
13. ANCILLARY EQUIPMENT AND CHARGES.
Dealer is authorized to install or have installed suitable communications Equipment used in the operation of this system. Subscriber agrees to supply and pay any charges for 24-Hour 110-volt circuit as required to power the system and the appropriate communications services or other Equipment deemed necessary by Dealer. Dealer shall not be responsible for any costs for parts and/or labor associated with adapting the Subscriber’s communications system for use with the system.
14. TESTING, PROTECTION AND LOCATION OF THE EQUIPMENT AND REVIEW OF EVENT MONITORING HISTORY.
Subscriber shall have access to the Equipment installed by Dealer in the Premises and to an internet-based event monitoring history portal (which shows the alarm signals generated by the alarm Equipment installed at the Premises). Accordingly, it is solely the Subscriber’s responsibility to test the operation of the Equipment --including the Dealer Equipment and Subscriber Equipment -- used in the operation of this system and consult the event monitoring history. Testing of the Equipment and a review of the event monitoring history shall occur on a weekly basis as well as immediately following any storm, power outage, transmission system outage, or any change to any transmission system, in order to verify the continued functionality of the Equipment. Subscriber will notify Dealer of any problems with the service and/or Equipment immediately. Subscriber shall bear the exclusive risk of any consequential damages resulting from the failure to notify Dealer immediately of any problems with the service and/or Equipment. Subscriber agrees that no apparatus or device shall be attached or connected to the system and further agrees not to permit the system and Equipment to be disturbed, removed or otherwise damaged. Subscriber agrees to notify Dealer immediately of any changes of ownership or occupancy of the service address. Subscriber’s obligations under this Addendum continue even if Subscriber sells or leaves the service address. Subscriber may not use the Dealer Equipment with another security services provider or move it to another location. If Subscriber does, the Equipment may not operate properly and/or emergency responders may not be able to find the Premises.
Subscriber will use the Equipment as installed by us, and in a manner that is consistent with the instructions and other materials that Dealer provides to Subscriber (including with respect to periodic testing of the Equipment). Subscriber shall instruct all users of the Equipment on its proper use. If Subscriber relocates the Equipment within the Premises after installation, obstructs the Equipment, fails to regularly and properly maintain the Equipment, or otherwise hinders the proper operation of the Equipment (for example, without limitation, in the course of home renovations, or as a result of moving the furniture within your home), it may not operate properly. This means that the Equipment may not trigger an alarm, Dealer’s monitoring station may not receive any alarm signals or, if Dealer’s monitoring station does receive an alarm signal, the information that Dealer’s monitoring station provides to emergency responders concerning any alarm at the Premises may not be accurate.
Certain of the Equipment may include battery powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors that are not connected to the electrical system of the Premises. Such detection sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR FULLY DEPLETED. Unless Subscriber requests service from us, Subscriber is responsible for maintaining and replacing the batteries in these battery powered detection sensors and Subscriber should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation.
15. DEALER DELAYS AND FAILURES AND DEALER’S TERMINATION RIGHTS.
Dealer assumes no liability for delays in equipment installation, interruption of services due to terrorism, vandalism, lack of regular and/or proper maintenance of the Equipment, changes to the Equipment not made by Dealer, regulations or governmental acts, civil disturbances, computer viruses, hacking, strikes, riots, floods, fires, acts of God, mechanical or electrical Equipment failures or any cause beyond the control of Dealer. Dealer may terminate the Addendum if it cannot maintain transmission privileges and shall not be liable for any damages or penalties as a result of such termination. Dealer may also terminate the Addendum, without previous notice, in the event its monitoring station is destroyed or damaged by a catastrophe and it is impracticable to continue or restore service and/or Your failure to follow Dealer’s recommendations to repair or replace any defective parts of your alarm system not covered under the Limited Warranty or Extended Service Plan, if available. YOU PROMISE NOT TO HOLD DEALER LIABLE FOR ANY LOSSES YOU MAY EXPERIENCE AS A RESULT OF DEALER’S TERMINATION OF THE ADDENDUM.
16. SUBSCRIBER FAILURES AND DEALER’S TERMINATION RIGHTS.
In the event you breach any part of the Addendum, including, without limitation, the failure to pay Service Fees when due, the failure to maintain HSD service with Dealer or its affiliate, the failure to give Dealer access to the Premises, the use of any unauthorized person to maintain or repair the Equipment resulting in malfunction, in the event you become a debtor in a bankruptcy proceeding, repeated false alarms within your control and/or abandonment or subleasing of the Premises, Dealer may terminate the Addendum upon giving ten (10) days written notice to you. IF DEALER EXERCISES ITS RIGHT TO TERMINATE THE ADDENDUM BASED ON A BREACH OF THE ADDENDUM BY YOU, INCLUDING, BUT NOT LIMITED TO, THE REASONS STATED IN THIS SECTION, YOU SHALL BE OBLIGATED TO PAY ANY REASONABLE FEES AND EXPENSES DEALER MAY INCUR IN COLLECTING ANY AMOUNT OWED UNDER THE ADDENDUM, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. YOU PROMISE NOT TO HOLD DEALER LIABLE FOR ANY LOSSES YOU MAY EXPERIENCE AS A RESULT OF DEALER’S TERMINATION OF THE ADDENDUM.
17. RELEASE FROM LIABILITY AND WAIVER OF SUBROGATION.
Subscriber agrees to purchase insurance in adequate amounts to cover property loss or damage and personal injury which may occur at the Premises. Subscriber hereby waives, releases, discharges and agrees to hold Dealer, its directors, officers, employees, agents and assigns harmless from any and all claims, liabilities, damages, losses or expenses arising from or caused by any hazard covered by insurance whether said claim is made by Subscriber or by any other party claiming under or through Subscriber, including any insurer, by way of subrogation or otherwise.
18. INDEMNIFICATION FROM THIRD PARTY ACTION.
This Addendum is intended only for the benefit of Subscriber. In the event any person not a party to this Addendum, including, without limitation, Subscriber’s insurance company, shall make any claim or file any lawsuit against Dealer, its officers, employees, agents or assigns (“Indemnities”) for any reason whatsoever, including, but not limited to, the installation, maintenance, monitoring, operation or non-operation of the system, Subscriber agrees to indemnify, defend and hold the Indemnities harmless to the maximum extent allowed by law from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees whether these claims arise under contract, warranty, active or passive negligence to any degree, statutory law or any other theory of liability.
SUBSCRIBER’S DUTY TO PROTECT/INDEMNIFY DEALER APPLIES EVEN IN THE CASE OF DEALER’S OWN NEGLIGENCE.
19. BINDING NATURE.
THE TERMS AND PROVISIONS OF THIS ADDENDUM ARE AN INTEGRAL PART OF THIS ADDENDUM AND ARE BINDING ON DEALER AND SUBSCRIBER. SUCH TERMS AND CONDITIONS SHOULD BE READ CAREFULLY. UCONTROL, THE PROVIDER OF THE SOFTWARE FOR THE EVENT MONITORING SYSTEM, SHALL BE A DIRECT AND INTENDED THIRD PARTY BENEFICIARY OF THE LICENSE AGREEMENT AND MAY ENFORCE IT DIRECTLY AGAINST SUBSCRIBER.
20. SUPPLEMENTAL SMOKE DETECTOR(S) (IF ANY).
The supplemental smoke detector(s) available to Subscriber is not intended to replace fire alarm systems that are required in order to satisfy building code and fire protection requirements in your area. Dealer recommends that Subscriber have and maintain a primary fire alarm system from a licensed provider that satisfies building code and fire protection requirements in Subscriber’s area in addition to any supplemental smoke detector(s) Subscriber purchases from Dealer.
Dealer will not test or inspect any smoke or other alarm system other than a supplemental smoke detector(s) that Dealer or its designee installs. Subscriber is responsible for determining whether its primary fire/smoke alarm system complies with applicable building code and fire protection requirements in your area, and for ensuring that any such system is working properly.
21. FORCIBLE ENTRY.
Subscriber acknowledges consent for emergency responders such as fire, law enforcement and emergency medical personnel contacted by our monitoring station to enter the Premises, with force, if necessary. Subscriber does hereby release Dealer from any and all liability whatsoever as a result of said forcible entry.
22. LIMITATION OF DEALER’S LIABILITY.
IT IS UNDERSTOOD THAT DEALER IS NOT AN INSURER OF PERSON, LIFE, LIMB OR PROPERTY AND THAT ADEQUATE INSURANCE COVERING PERSONAL INJURY, LIFE AND PROPERTY LOSS SHALL BE OBTAINED BY THE SUBSCRIBER AS A CONDITION OF THIS ADDENDUM. SUBSCRIBER ASSUMES ALL RISKS FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. SUBSCRIBER UNDERSTANDS THAT THE SERVICES ARE INTENDED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS. DEALER IS BEING PAID FOR INSTALLING AND PROVIDING A SYSTEM DESIGNED TO PROVIDE NOTICE OF THE OCCURRENCE OF CERTAIN EVENTS. THE PAYMENTS SUBSCRIBER MAKES UNDER THIS ADDENDUM ARE NOT RELATED TO THE VALUE OF THE PREMISES, SUBSCRIBER’S POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE EQUIPMENT AND THE MONITORING SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AND LIMITING CONDITIONS AFFORDED TO DEALER UNDER THIS ADDENDUM. DEALER AND THE SUBSCRIBER ACKNOWLEDGE THAT THE AMOUNTS BEING CHARGED BY DEALER ARE NOT SUFFICIENT TO GUARANTEE IN ANY WAY THAT NO LOSS OR DAMAGE WILL OCCUR AND THAT DEALER IS NOT ASSUMING RESPONSIBILITY FOR ANY PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO DEALER’S NEGLIGENT PERFORMANCE OR WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE SYSTEM, THE FAILURE OF SERVICES OR THE FAILURE TO PERFORM SAID SERVICES.
SUBSCRIBER ACKNOWLEDGES AND AGREES THAT IT IS EXTREMELY DIFFICULT TO CALCULATE THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM THE DEALER’S ALLEGED FAILURE TO PERFORM THE SERVICES DUE TO, AMONG OTHER THINGS, THE: (A) UNCERTAIN AND/OR UNKNOWN VALUE OF THE PREMISES, SUBSCRIBER’S POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES; (B) UNCERTAIN AND/OR UNKNOWN RESPONSE TIMES OF EMERGENCY RESPONDERS; (C) INABILITY TO ASCERTAIN WHAT PORTION, IF ANY, OF AN ALLEGED INJURY WAS PROXIMATELY CAUSED BY THE DEALER’S ALLEGED FAILURE TO PERFORM THE SERVICES; AND (D) THE GENERAL NATURE OF THE SERVICES.
CONSEQUENTLY, DEALER AND SUBSCRIBER HEREBY AGREE THAT IF, NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY WHATSOEVER ON THE PART OF DEALER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, IT IS AGREED THAT SUCH LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000). THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS AN EXCLUSIVE REMEDY AND NOT AS A PENALTY. IN THE EVENT THAT THE SUBSCRIBER WISHES DEALER TO ASSUME A GREATER LIABILITY, THE SUBSCRIBER MAY OBTAIN FROM DEALER A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE OF SAID POTENTIAL LIABILITY, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD OR CONSTITUTE DEALER AS AN INSURER. ANY REQUEST BY THE SUBSCRIBER FOR A HIGHER LIMIT SHALL BE GIVEN TO DEALER IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESS SPECIFIED BELOW.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, BUT IS NOT LIMITED TO: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT), PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE) AND ATTORNEYS’ FEES.
23. THIRD PARTY EQUIPMENT AND SERVICES - LIMITATIONS OF LIABILITY.
At its sole discretion and without additional notice to Subscriber, Dealer may assign, subcontract, purchase or otherwise arrange for alarm equipment, monitoring services or other services called for under this Addendum to be provided by a third party. Subscriber agrees and acknowledges that such third-party provider or providers of alarm equipment, monitoring services or other services are not insurers. Subscriber also agrees the limiting conditions of this Addendum, including the RELEASE FROM LIABILITY AND WAIVER OF SUBROGATION, INDEMNIFICATION FROM THIRD PARTY ACTION, and LIMITATION OF DEALER’S LIABILITY found in Paragraphs 19, 20, and 24 shall apply for the benefit of such third parties, their directors, officers, employees and agents as fully as if they had been specifically named herein in place of “Dealer” throughout. UNDER NO CIRCUMSTANCES WILL DEALER’S DIRECT OR INDIRECT SUPPLIERS HAVE ANY LIABILITY TO SUBSCRIBER.
It is specifically agreed that the Subscriber shall not be permitted to assign this Addendum without prior written consent of Dealer and any assignment without such consent shall be without effect and shall be deemed a breach of this Addendum. Dealer shall have the right to assign this Addendum to any other company engaged in a business similar to that of Dealer and upon such assignment shall be relieved of any obligations created herein.
25. LICENSES, PERMITS AND COMPLIANCE WITH LAW.
Subscriber shall comply with all applicable federal, state and local laws, statutes, regulations and ordinances required for installation, use or monitoring of the Equipment. If the law in Subscriber’s area requires that Subscriber hold a license or permit for the installation, use or monitoring of the Equipment, Subscriber agrees to maintain such a license or permit and provide Dealer with the applicable license or permit number if Dealer so requests it. In some areas, Dealer may be able to obtain a required license or permit on Subscriber’s behalf. Subscriber will be responsible for the cost of any license or permit required to install and/or operate the Equipment.
26. FAMILIARIZATION PERIOD.
IN SOME MUNICIPALITIES, LOCAL LAW MANDATES THE IMPOSITION OF A FAMILIARIZATION PERIOD (THE “FAMILIARIZATION PERIOD”) IN THE FIRST SEVERAL DAYS OR WEEKS IMMEDIATELY FOLLOWING THE INSTALLATION OF AN EVENT MONITORING HOME ALARM SYSTEM. THE PURPOSE OF THE FAMILIARIZATION PERIOD IS TO ALLOW SUBSCRIBERS THE OPPORTUNITY TO BECOME FAMILIAR WITH THE OPERATION OF THE ALARM SYSTEM WITHOUT THE CORRESPONDING RISK OF FALSE ALARMS. WHILE DEALER DOES NOT AUTOMATICALLY IMPOSE A FAMILIARIZATION PERIOD, IT MAY DO SO WHEREREQUIRED BY LOCAL LAW. THE DURATION OF THE FAMILIARIZATION PERIOD SHALL BE SEVEN DAYS FROM THE COMPLETION OF THE INSTALLATION OF THE EQUIPMENT, OR LONGER IF REQUIRED BY LAW. DURING ANY FAMILIARIZATION PERIOD, DEALER HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM SUBSCRIBER’S PREMISES. SUBSCRIBER AGREES THAT DURING SUCH PERIOD DEALER HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY SUBSCRIBER, ANY EMERGENCY RESPONDERS, OR SUBSCRIBER’ DESIGNATED REPRESENTATIVE(S) OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL DEALER OR ITS AGENTS RECEIVE FROM THE PREMISES, EVEN IF DUE TO AN ACTUAL EMERGENCY.
27. FULL AGREEMENT – SEVERABILITY.
This Addendum, together with the Work Order, constitutes the full understanding by and between the parties hereto, supersedes all prior and contemporaneous written and oral representations, discussions, understandings or agreements regarding the subject matter of this Addendum and may not be amended or modified except in writing and signed by both parties. Handwritten changes to this Addendum shall be of no force and effect unless initialed by both parties. If any provision or part of this Addendum is held to be invalid or unenforceable, the remainder of this Addendum shall continue in full force and effect as if such invalid or unenforceable provision had never appeared herein.
Unless otherwise indicated, all notices intended for Dealer must be in writing, dated and signed by Subscriber and must be sent by certified mail to Dealer at the following address: Mediacom Home Automation, LLC, One Mediacom Way, Mediacom Park, NY 10918.
29. LIMITATION ON LAWSUITS.
Subscriber must bring any claim and commence a legal proceeding or action against Dealer arising out of this Addendum or related to the products or services provided hereunder within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If Subscriber does not bring any claim and commence any proceeding or action against Dealer within this time, Subscriber waives, to the extent permitted by law, all rights Subscriber may have with respect to any such claims and Dealer shall have no liability to Subscriber with respect to those claims.
30. JURY WAIVER.
TO THE EXTENT PERMITTED BY LAW, DEALER AND SUBSCRIBER BOTH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS ADDENDUM AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER.
Subscriber must create a passcode for the alarm system. Subscriber will be asked for the passcode when making changes or inquiries with regard to Subscriber’s account, and in connection with alarm events. If Subscriber shares its passcode with others, they will have the ability to make changes to Subscriber’s account, including address updates, changes to emergency contact information and THE ABILITY TO CHANGE THE PASS CODE, WITHOUT SUBSCRIBER’S KNOWLEDGE. Accordingly, Subscriber should not share its pass code with others.
At Subscriber’s request, Dealer may install and connect at least one video camera at the Premises. Subscriber acknowledges and agrees that: (a) any such video camera is being installed at Subscriber’s specific request and is for the safety and security of the residents, invitees, and other persons at the Premises, and for no other purpose; (b) any such video camera will only be installed in public areas within the Premises, and will not be installed or utilized in any area where persons have a reasonable expectation of privacy, such as bedrooms, bathrooms, etc.; and (c) Subscriber will provide adequate illumination under all operational conditions for the proper operation of each such camera and will provide the 120 AC power supply where required.
Some cameras connected to the system may be configured to provide remote viewing and storage of video data via the Internet. Subscriber acknowledges that broadband and cellular networks are subject to interruptions in service which may cause the video services to fail to operate as intended.
Subscriber further acknowledges and agrees that video content may be received and stored on computer servers maintained by Dealer’s and/or its affiliates. Subscriber consents and agrees that Dealer and/or its affiliates may store video content from the Premises for such time as is needed at Dealer’s sole and exclusive discretion. While Dealer agrees to keep said video content confidential, Subscriber expressly agrees that Dealer may disclose such video content to third parties without further notice to Subscriber: (a) in connection with any law enforcement investigation or proceeding; (b) in a legal proceeding to which Dealer or its affiliates is a party; and/or (c) pursuant to a court order or subpoena.
Subscriber is solely responsible for the video content and the consequences of posting or publishing videos. Subscriber agrees that it will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Subscriber is the owner of such rights or has permission from the rightful owner to post the material and to grant Dealer requisite license rights. Subscriber further agrees that it will not purposefully allow video content which is indecent, offensive, or pornographic, that is defamatory or constitutes an invasion of privacy, that otherwise violates any legal duty under criminal or civil law, or that otherwise violates any applicable local, national, and/or international laws and regulations, to be transmitted over Dealer‘s broadband network via the video camera(s) installed with the security system. Dealer reserves the right to remove any video content, without notice to Subscriber, if notified that such content infringes on another's intellectual property rights.
33.1 Subscriber’s sole and exclusive remedies under this Addendum and any other agreements Dealer has provided under which these services are provided are as expressly set forth in this Addendum.
33.2 Subscriber agrees that Dealer may scan, image or otherwise convert this Addendum and the Work Order into an electronic format of any nature. Subscriber also agrees that copies of this Addendum and the Work Order produced from such electronic format are legally equivalent to the original for any and all purposes. Faxed or other electronically generated signatures and initials are binding on the parties as if they are originals.
33.3 Dealer does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Addendum. Neither the course of conduct between Subscriber and Dealer nor trade practice shall act to modify any provision of this Addendum.
34. CONFLICT RESOLUTION.
In the event of a conflict between the Addendum and the Mediacom Residential Customer and User Agreement, the terms of the Addendum shall control. In the event of a conflict between the Work Order and the Mediacom Residential Customer and User Agreement, the terms of the Work Order will control.
35. CONSUMER COMPLAINTS--FOR ALABAMA RESIDENTS ONLY. Complaints against Dealer may be directed to the Alabama Electric Security Board of Licensure at 7956 Vaughn Road, PMB 392 Montgomery, AL 36116 or by calling 334-264-9388.
LICENSE NUMBERS: AL: 1676; 1683|AZ: ROC 292103; BTR 18820-0 DE: FAL-0325; FAC-0337; SSPS 14-266| FL: EC0003057|GA: LVU406573; LVU406577| IA: AC-230| IL: 127-001614| MD: 107-1986|MN: TS677492| TN: 1888