Geoarmcontract 10
User Manual: geoarmcontract-10-10
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TERMS OF SERVICE: GeoArm Security Solutions Monitoring Agreement
Version 10.10
COMPANY ADDRESS.
GeoArm Security Solutions
1133 Old Okeechobee Rd.
West Palm Beach, FL 33401
PHONE NUMBER.
(877) 4-GEOARM
(877) 443-6276
This agreement is between “Subscriber” hereinafter referred to as CLIENT and
AlarmClub.com, Inc., dba “GeoArm Security Solutions” hereinafter referred to as
GEOARM.
TERMS AND CONDITIONS.
1. COMMUNICATION AND CONNECTIVITY. CLIENT will furnish at its expense
the appropriate form(s) of communication(s) method for the monitored equipment also including
electricity and connectivity equipment (RJ-31X, router, static IP, modem...etc.). To be monitored
by the central monitoring station, one of the appropriate communication paths need to be in place;
(a) plain ordinary telephone service (PSTN), (b) cellular service including global packet radio
service (GPRS) and global system for mobile communications (GSM), (c) or internet (cable,
DSL, broadband...etc.), (d) voice over internet protocol (VoIP). CLIENT’S equipment type and
chosen alarm monitoring service determines the appropriate communication path.
2. BILLING. CLIENT agrees that monitoring charges will commence according to the
online monitoring date or five (5) business days after delivery whichever is the lesser. The online
monitoring date is the date CLIENT’S system was tested and programmed to successfully
communicate with the central monitoring station. CLIENT authorizes GEOARM to bill in
advance any charges including; applicable taxes, fines, fees, liquidated damages as defined in
Paragraph 17, third party vendor expenses and/or rate increases due in accordance with the type
and term of the monitoring payment cycle CLIENT selected. CLIENT may pay in advance for
GEOARM monitoring services. In the event new CLIENT selects to pay in full for one (1) or
three (3) years of GEOARM monitoring services, GEOARM will provide CLIENT with one (1)
or three (3) months of GEOARM monitoring services at the conclusion of the term.
3. INSURANCE. GEOARM agrees to perform the services described herein, without
liability and not as an insurer. GEOARM encourages CLIENT to carry adequate insurance to
safeguard their valuables. Adequate insurance would compensate CLIENT’S losses including but
not limited to losses due to burglary, hold up and fire in case of transmission problems due to
severance of communication path, which may affect the system and the transmission of signals to
the central monitoring station. Alarm systems are not foolproof and they do not replace
insurance.
4. COMMUNICATION CONTENTS. CLIENT authorizes GEOARM the right to
retrieve, copy, record, and disclose any telephone, video, oral or any other form(s) of
communication used between GEOARM and CLIENT or authorized representative for purposes
related to the service(s) provided.
5. SHIPPING. GEOARM will ship stocked device(s), pre-programmed to be monitored
by the central monitoring station, directly to CLIENT’S address (given on customer information
sheet) within approximately ten (10) business days of receipt of sale. GEOARM cannot be held
responsible for any unforeseen shipping delays or other events out of the control of GEOARM.
6. INSTALLATION AND SET-UP. GEOARM agrees to instruct CLIENT or CLIENT
REPRESENTATIVE via telephone, email, user manual and/or over the internet in the proper use,
installation and set-up of the system. GEOARM will not be responsible to monitor any devices
that are not programmed by GEOARM for alarm or supervisory conditions into GEOARM’S
signaling system. It is mutually agreed that the work of technical support by GEOARM shall be
performed between the hours of 9:00 o’clock a.m. and 5:00 o’clock p.m. ET, exclusive of
Saturdays, Sundays and holidays.
7. MONITORING SERVICES.
A. BURGLAR ALARM. CLIENT understands that “burglar alarm monitoring
service” means only that the central station operator will react to signals received from
CLIENT’S monitored alarm system at the address supplied by CLIENT. GEOARM agrees to
have monitored, if applicable, CLIENT’S security system. Upon receipt of a signal indicating an
unauthorized entry into CLIENT’S premises, or an emergency condition, the central station
operator(s) will use reasonable efforts to identify the signal and, when warranted, in accordance
with the procedures appropriate to the installed equipment, the central station operator will
transmit notice of said signal over standard telephone lines, in accordance with CLIENT’S local
code, to the deemed authority having jurisdiction. After notifying the local authority, the central
station operator(s) will use reasonable efforts to contact one of the CLIENT’S designated
representatives at the telephone number(s) provided by CLIENT. CLIENT assumes all
responsibility for making sure any and all information given to GEOARM is up-to-date.
B COMMERCIAL FIRE ALARM. CLIENT understands that "commercial fire
alarm monitoring service" means that GEOARM is only responsible for monitoring fire signals
sent from CLIENT's property and received at GEOARM's central station. CLIENT
acknowledges that GEOARM will not be held responsible for any local maintenance, inspections
or testing, which may, or may not be required by the local authority having jurisdiction.
C. VIDEO VERIFICATION. CLIENT understands that “video verification
monitoring service” means only the central monitoring station will react to signals received from
CLIENT’S video burglar alarm system. Upon receipt of a signal indicating unauthorized activity
causing the motion detector to activate the central station operator will use reasonable effort to
view the associated video to determine the cause of the activation. In the event there is no visual
evidence of an intruder, the central station operator will disregard the event. In the event an
intruder is viewed by the central station operator, they will transmit notice of said signal over
standard telephone lines, per CLIENT’S local code, to the deemed authority having jurisdiction.
After notifying the local authority, the central station operator(s) will use reasonable efforts to
contact one of the CLIENT’S designated representatives at the telephone number(s) provided by
CLIENT. CLIENT assumes all responsibility for making sure any and all information given to
GEOARM is up-to-date. CLIENT agrees that its designated representative(s) shall have
authority, proper access, and a key to enter the premises.
D. MEDICAL ALERT. The central monitoring stations sole service is to contact
the medical contact’s phone number(s) provided by CLIENT in the event of an emergency signal.
CLIENT agrees to hold GEOARM and any of its employees and subcontractors harmless
regardless of joint, several, active or passive negligence resulting from improper dispatch of
medical assistance providers.
E. VOICE OVER INTERNET PROTOCOL. CLIENT understands that
CLIENT’S voice over internet protocol (VoIP) communication system may not transmit signals
to GEOARM’S central monitoring station or to 911 emergency services. In the event signals are
not transmitted, CLIENT understands that emergency dispatch may not occur. CLIENT’S using
VoIP communications are encouraged to utilize a plain ordinary telephone land line, cellular
radio, or network monitoring device to ensure alarm signal transmission.
8. REMOTE TECHNICAL SERVICE. GEOARM shall have the ability to remotely
enter and/or change CLIENT’S electronic data used for reporting alarm conditions from
CLIENT’S equipment to the central monitoring station. One (1) year and three (3) year new
GEOARM monitored CLIENTS receive free technical remote services for only the first (1st)
contracted year, starting from their online monitoring date. Month to month new GEOARM
monitored CLIENTS receive free technical remote services for only the first (1st) contracted
month, starting from their online monitoring date. CLIENT agrees that all equipment pre-
programmed or activated for monitoring services prior to cancellation by a GEOARM technician
is subject to a non-refundable programming charge, activation charge and/or monitoring terms
and conditions. CLIENT agrees remote technical service not eligible for free technical remote
services will be billed at prevailing rates and CLIENT agrees to pay GEOARM accordingly.
9. LOCAL FEES AND ORDINANCES. CLIENT at its cost must comply with local
permit procedures related to monitoring services and is responsible for determining, complying,
and notifying GEOARM in the event local ordinances or policies change which may affect
GEOARM’S performance of services.
10. PRIOR AGREEMENTS. CLIENT acknowledges that they currently are not under
contract with any other monitoring company, and will hold harmless GEOARM from any
resulting claim. CLIENT affirms prior agreements have been terminated and that any such
agreement will not be means for cancellation of this agreement. CLIENT agrees to pay any costs,
attorney fees, expenses, liabilities, losses, demands, judgments, and suits in the event of a breach
of this agreement.
11. SUBCONTRACT. GEOARM shall have the right to subcontract under its sole
discretion such services, but not limited to repair, installation, and monitoring to any third-party
or individual under this agreement. CLIENT is bound by agreement which inures to any
subcontractor(s) used by GEOARM to retain full force and effect of this agreement and
provisions held within.
12. IMPOSED RATE ADJUSTMENT. GEOARM shall have the right, at any time, to
increase the charges provided herein, to reflect any additional taxes, permit fees, code changes or
charges relating to the service provided under the terms of this agreement, which may hereafter
be imposed on GEOARM by any utility or governmental agency, together with any processing
fee incurred by GEOARM; and CLIENT agrees to pay the same.
13. RATE ADJUSTMENT. After commencement of service, GEOARM may annually
increase the monthly monitoring charge. In the event an increase exceeds 10% per year and
CLIENT is unwilling to pay the increased charges, CLIENT may terminate this agreement and
CLIENT will not be subject to any payments for liquidated damages, upon giving notice via
email or in writing, by registered mail, within (30) days from the date of notice of the increase.
CLIENT’S failure to notify GEOARM within said (30) days shall constitute CLIENT’S
acceptance of the rate adjustment.
14. EXTENTION. After the initial monitoring term, this agreement shall
AUTOMATICALLY EXTEND ON A MONTH TO MONTH BASIS at the prevailing
monthly rate unless either party shall give written notice by registered mail or email of
cancellation at least thirty (30) days prior to the expiration of the original term or any extension
term. In the event no notice of cancellation is received by GEOARM, CLIENT authorizes
GEOARM to continue charging CLIENT’S account for monitoring service.
15. FALSE ALARMS AND THIRD PARTY CHARGES. Any cost incurred by
GEOARM for false alarms/signals originating from CLIENT’S premises shall be promptly
reimbursed to GEOARM. CLIENT is responsible for any false alarm charges and/or third party
charges exclusively. If excessive false alarms are caused by carelessness, malicious use, or
unintended use of the alarm system, GEOARM may, at its sole discretion, deem same to be a
material breach of contract on part of CLIENT and may be excused from further performance.
CLIENT agrees to eliminate conditions or factors interfering with the proper operation of
installed devices which may cause false alarms.
16. TERMINATION. GEOARM retains the right to terminate this agreement for any
reason, at any time, with or without cause. GEOARM’S termination of CLIENT shall not
constitute a waiver of its rights to collect any charges which may have been accrued or may be
due hereunder. Runaway signals occur when CLIENT’S equipment sends the central monitoring
station excessive signals. In the event CLIENT’S monitored equipment sends data to the central
monitoring station in an erroneous “runaway” manner, GEOARM may terminate, shut-down and
lock-out CLIENT’S account for damages and not as a penalty, immediately following notice to
CLIENT of said defect by either telephone or e-mail. CLIENT’S failure to assist GEOARM in
the event GEOARM cannot remotely lock out CLIENT’S account, GEOARM will place
CLIENT’S account in default and subject to terms stated in Paragraph 18.
17. CANCELLATION. This agreement may be cancelled, without notice, at the option of
GEOARM in the event the central monitoring station, connection link or the equipment within
GEOARM is destroyed by fire or other catastrophe, or so substantially damaged that it is
impractical to continue service with no further obligation to CLIENT and may likewise be
cancelled at the option of the CLIENT in the event of such occurrences at CLIENT’S facility.
CLIENT shall be liable for any delinquent payments for services previously rendered and
liquidated damages as contained in Paragraph 18.
18. LIQUIDATED DAMAGES. Upon termination or default of this agreement for any
reason, except for cancellation at the end of the initial term or any extension term as provided
herein, all services by GEOARM will terminate and in addition to any payments due for services
rendered, CLIENT shall be liable for liquidated damages for the breach of the contract, calculated
at the accelerated rate seventy-five percent (75%) of the amount due from the date of default to
the end of the term of the agreement. This provision for liquidated damages is agreed upon
between the parties due to the inability of computing the actual costs of disconnecting the service
and/or the loss of the value of the unexpired portion of the agreement. In the event CLIENT fails
to pay the amount of liquidated damages due upon termination and/or the amount then due for
services previously rendered, CLIENT agrees to pay GEOARM all costs of collection, including
without limitation, prejudgment interest and reasonable attorney fees.
19. DEFAULT. CLIENT shall be in default of this agreement for: (a) failure to pay any
fees billed hereunder when due, (b) willfully or negligently causing repeated false alarms/signals,
(c) failure to perform any other obligation under this agreement. Upon CLIENT’S default,
GEOARM shall have the right to terminate this agreement ten (10) days after written notice of
default by either email or registered mail. In the event of any default of this agreement by
CLIENT, CLIENT shall pay GEOARM any and all damages including but not limited to,
liquidated damages as defined in Paragraph 18.
20. REACTIVATION CHARGE. CLIENT shall pay a reactivation charge to GEOARM,
in advance with any past due balances if security system is cut off and CLIENT desires it
reconnected.
21. CROSS-DEFAULT. If CLIENT has multiple active agreements with GEOARM and
any of these agreements are in default, GEOARM retains the right to cancel all other agreements
even if in good standing, as means to collect past due balances for any delinquent account (refer
to liquidated damages as defined in Paragraph 18).
22. LATE CHARGES. In the event CLIENT shall be delinquent in the payment of monies
due, CLIENT agrees to pay interest at a charge of one and a half (1.5%) percent per month with a
maximum of eighteen (18%) percent per year from the date of delinquency and GEOARM
reserves the right to refuse repair or monitoring service without liability until the past due monies
have been paid in full. CLIENT agrees to pay a $40.00 administrative fee or the highest amount
allowed by law, whichever is less, for any check or credit card transaction that is returned to
GEOARM unpaid for any reason; all collection costs, including without limitation, prejudgment
interest and reasonable attorney’s fees.
23. DIY PROGRAMMING. In the event CLIENT chooses to program their own security
system equipment without GEOARM’S assistance, CLIENT agrees to hold GEOARM, its
employees, and subcontractors harmless for any potential damages and/or costs that may result.
DIY programming CLIENTS assume all liability for errors, omissions, or improper use of any
third party software, program, application, and any other device or lack of device that may be
used to input data. Any additions and/or changes to any GEOARM monitored security systems
zone information must be sent to GEOARM in writing, email, fax, or on GEOARMS account
setup and changes online form.
24. MAINTENANCE AND REPAIR. CLIENT, at its own cost and expense, is required to
keep the equipment in good repair, condition and working order. CLIENT agrees to perform at
least monthly system checks in order to ascertain if the system is properly functioning, including
walk tests if applicable (when motion detection devices are installed). CLIENT agrees to notify
GEOARM promptly of any operating defect so GEOARM or authorized agent may perform
repair service. CLIENT acknowledges that GEOARM’S obligations hereunder relates solely to
the services purchased. GEOARM is in no way obligated to maintain or service CLIENT’S
property not part of the system or the property of others to which GEOARM’S monitored system
is connected to, except as otherwise contained herein. CLIENT at its expense is responsible for
replacing batteries as required for proper operation of system.
25. DELAYS AND INTERRUPTIONS. GEOARM assumes no liability for delays in
monitoring service or interruptions of service due to strikes, riots, floods, fires, acts of God or any
causes beyond the control of GEOARM including interruption of alarm transmission, and will not
be required to supply service to the CLIENT while such cause continues. CLIENT understands
that alarm signals may be transmitted by telephone, cable, radio, cellular or internet, which are
outside the control of GEOARM, and GEOARM shall have no responsibility for any failure in
transmission of alarm signals by any of these means. CLIENT agrees to immediately notify
GEOARM of any malfunctions involving the communication link.
26. LIMITED WARRANTY.
A. Except as set forth herein, GEOARM makes no representations or warranty of
any kind, expressed or implied, with respect to the condition of equipment, and disclaims any and
all warranties of merchantability, fitness for a particular purpose or any other warranty. CLIENT
acknowledges that no other representations were made to CLIENT or relied upon by CLIENT
with respect to the quality and function of the goods or service.
B. In the event any new part of the equipment sold by GEOARM to CLIENT shall
be determined defective or inoperative by GEOARM under normal use (subject to Section E of
the Limited Warranty stated below), within one year of shipping GEOARM shall replace or
repair such defective part without charge to CLIENT (exclusive of shipping and programming
costs) and CLIENT agrees to pay for service in accordance with prevailing rates. GEOARM
reserves the right to replace any product under the warranty with new or remanufactured product
or parts. GEOARM is not responsible for labor costs of removal or reinstallation of products.
GEOARM warrants that any repaired or replaced product shall satisfy the warranty set out for the
balance of the term of the warranty for the initial product. To be eligible CLIENT must contact
GEOARM by email or in writing by registered mail at the address set forth above, fully
describing the nature of the defect so that GEOARM will have the right to cure the defect within
a reasonable period of time. Service for equipment no longer under warranty will be provided by
GEOARM at prevailing rates and CLIENT agrees to pay the same.
C. In the event GEOARM takes over monitoring of an existing security system
owned by CLIENT and not designed, sold, or installed to CLIENT by GEOARM, GEOARM
assumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation
or non-actuation, of CLIENT’S existing equipment. Monitoring service will commence when
GEOARM has programmed CLIENT’S equipment to the central monitoring station and has
received test signals from CLIENT’S premises and both GEOARM and CLIENT agree that such
signals have been satisfactorily transmitted and received. GEOARM makes no representation as
to suitability or condition of CLIENT’S system. Telephonic and/or e-mail technical support will
be provided by GEOARM at prevailing rates and CLIENT agrees to pay the same.
D. In no event shall GEOARM be liable for more than, and CLIENT’S exclusive
remedy for breach of this limited warranty shall be limited to, the repair or replacement of
defective equipment sold under this agreement, and GEOARM shall not be liable for injuries to
persons or property, including but not limited to, all general, direct, special, exemplary, punitive,
incidental or consequential damages.
E. GEOARM shall not be liable at any time for costs of repair or replacement in the
event of damage to material or equipment caused by accident, vandalism, flood, water, lightning,
fire, intrusion, abuse, misuse, an act of God, any casualty, including electricity, unauthorized
repair service, modification or improper installation not deemed acceptable by GEOARM and/or
any other cause beyond the control of GEOARM, including interruption of electrical or telephone
service, cellular or internet. In the event repair service or modification is needed and to be
performed by anyone except a GEOARM REPRESENTATIVE, CLIENT must inform
GEOARM beforehand of any service to be performed on a GEOARM monitored system by
phone or email with CLIENT REPRESENTATIVE’S name and contact information so that
GEOARM REPRESENTATIVE can facilitate when and how CLIENT and/or CLIENT
REPRESENTATIVE should render the appropriate service.
F. CLIENT acknowledges that any affirmation of fact or promise made by
GEOARM shall not be deemed to create an express warranty, and that GEOARM makes no
representation or warranty that the system or service supplied may not be compromised,
circumvented, or that the system or services will in cases provide the signaling, monitoring, and
response for which it was intended. CLIENT is not solely relying on GEOARM’S skill or
judgment in selecting or furnishing a system suitable for any particular purpose.
G. This agreement becomes binding upon submission of order to GEOARM.
CLIENT acknowledges receipt of a copy of this agreement, and specifically acknowledges and
accepts that GEOARM’S liability is limited as set forth herein.
27. LIMITATION OF DAMAGES.
A. It is understood and agreed by the parties hereto that GEOARM is not an insurer
and that insurance, if any, covering personal injury and property loss or damage on CLIENT’S
premises shall be obtained by CLIENT, at CLIENT’S sole expense; that the payments provided
for herein are based solely on the value of the service as set forth herein and are unrelated to the
value of CLIENT’S property or the property of others located on CLIENT’S premises; that
GEOARM makes no guarantee, representation or warranty including any implied warranty of
merchantability or fitness for particular purpose that the system or service supplied will avert or
prevent occurrences of the consequences there from which the system or service is intended to
detect or avert.
B. CLIENT acknowledges it is impractical and extremely difficult to fix the actual
damages, if any, which may proximately result from a failure to perform any of GEOARM’S
obligations or a failure or malfunction in the system to properly operate because of, among other
things: the uncertain amount or value of CLIENT’S property or the property of others which may
be lost or damaged; the uncertainty of the response time of the police or other authority; the
inability to ascertain what portion, if any, of any loss would be proximately caused by
GEOARM’S failure to perform any of its obligations or failure of its equipment to properly
operate; or the nature of the services to be performed by GEOARM.
C. CLIENT understands and agrees that if GEOARM should be found liable for any
loss or damage due from a failure to perform any of its obligations or a failure of the equipment
to properly operate, GEOARM’S liability shall be limited to a sum equal to the total of one-half
year’s monitoring payments, or FIVE HUNDRED DOLLARS ($500.00) whichever is the lesser,
and this liability shall be exclusive and shall apply if loss or damage, irrespective of cause or
origin, results directly or indirectly to persons or property from performance or non-performance
of any of GEOARM’S obligations or from negligence, active or otherwise, of GEOARM, its
employees or agents.
D. In the event that the CLIENT wishes GEOARM to assume greater liability,
CLIENT may, as a matter of right, obtain from GEOARM a higher limit by paying an additional
amount to GEOARM, and a rider shall be attached hereto setting forth higher limit and additional
amount, but this additional obligation shall in no way be interpreted to hold GEOARM as an
insurer.
E. When CLIENT in the ordinary course of business has the property of others in its
custody, or the monitored system extends to protect the persons or property of others, CLIENT
agrees to and shall indemnify, defend and hold harmless GEOARM, its employees and agents for
and against all claims of indirect, consequential, incidental, or punitive damages in the event not
limited to loss in profits or loss of data brought by owners of said property arising out of the
GEOARM service under this agreement. This provision shall apply to all claims regardless of
cause including GEOARM’S performance or failure to perform and including defects in products,
design, installation, service, operation or non-operation of the system whether based upon
negligence, active or passive, expressed or implied contract or warranty, contribution or
indemnification, or strict or product liability on the part of GEOARM, its employees or agents,
but this provision shall not apply to claims for loss or damage solely and directly caused by an
employee of GEOARM while on CLIENT’S pre
mises.
F. CLIENT acknowledges that the system purchased and programmed is as
requested and is suitable to his particular purpose, and unless defects or omissions in
programming are called to GEOARM’S attention in writing, CLIENT accepts the system as is.
CLIENT agrees to pay for service at prevailing rates as stated in Paragraph 8. CLIENT agrees
there is no additional compensation for installation time or expenses incurred by CLIENT.
28. LEGAL ACTION. GEOARM is located in the State of Florida, United States of
America. Any disputes, small claims and federal, legal or equitable that may arise against
GEOARM must be commenced in the courts of Palm Beach County, Florida within one (1) year
after the act, omission, or event occurred from which the claim, action or proceeding arises,
without judicial extension of time, or said claim, action or proceeding is barred, time being of the
essence of this paragraph. This agreement shall in all respects be governed as to validity,
interpretation, enforcement and effect by laws of the State of Florida. CLIENT agrees to waive
its right to a jury trial. CLIENT consents to the jurisdiction of such courts and agrees to the
process of service by mail, thus waiving any jurisdictional or venue defenses otherwise available.
The State of Florida laws will govern legal notices, disclaimers, and privacy policies without any
conflict of laws.
29. WAIVER. CLIENT acknowledges that the provisions of this agreement, and
particularly those paragraphs relating to disclaimer of warranties, limitation of liability and third
party indemnification inure to the benefit of and are applicable to AlarmClub.com, Inc. and its
subsidiaries and to any subcontractors engaged by GEOARM to provide monitoring, sales,
maintenance or service of the alarm system provided herein. CLIENT hereby waives its right of
recovery against GEOARM for any loss covered by insurance pertaining to the premises or
contents by any policy or law.
30. ASSIGNMENT. This agreement is not assignable by CLIENT without prior written
consent of GEOARM. The CLIENT will recognize any assignment of this agreement by
GEOARM and will furnish upon request the assignee with a written acknowledgement that this
agreement is in full force and effect and will not be subject to claims, defenses or set-offs that
CLIENT may have against GEOARM. GEOARM shall have the right to assign this agreement or
subcontract any of the services it may perform.
31. WARRANT. CLIENT represents and warrants that CLIENT’S identity and contact
information provided above is accurate, and that CLIENT is age 18 or older and otherwise
competent and authorized to enter into the agreement.
32. ELECTRONIC FORMAT. CLIENT agrees to enter into this agreement in electronic
format pursuant to the federal Electronic Signatures in Global and National Commerce Act and
the Uniform Electronic Transactions Act.
33. ENTIRE AGREEMENT; NON-WAIVER; SEVERABILITY. If there is any conflict
between this agreement and CLIENT’S purchase order, or any other document, this agreement
will govern, whether such purchase order or other document is prior to or subsequent to this
agreement. It is mutually understood and agreed that any representation, promise, advertising or
other statement, condition, inducement or warranty, express or implied, whether written or verbal,
not included in writing in this agreement shall not be binding upon any party and that the
agreement may not be altered, modified or otherwise changed at any time except with the written
consent of each of the parties hereto, and in the form of an addendum to this agreement. There
are no verbal understandings changing or modifying this agreement.
34. ALARM.COM INCORPORATED TERMS (for all Alarm.com Monitoring Plans).
You have recently agreed to purchase residential or commercial security products and services
from dealer (“GEOARM”) an independently owned and operated security services dealer.
Alarm.com Incorporated (“Alarm.com”) has authorized GEOARM to market and sell to you
“Alarm.com Services” for your use with certain hardware and other products (“Equipment”) that
enable the Alarm.com Services. These Alarm.com Terms (Sections A1 through A10) are part of
your legal agreement with GEOARM. Click here to view the Alarm.com Terms, they contain
among other things, important warranty disclaimers (in Section A3) and limitations of liability (in
Section A5) applicable to your use of the Alarm.com Services and products. By checking off the
box next to “I have read and AGREE to the GEOARM monitoring contract you are entering into
a “click-wrap agreement” with GEOARM and additionally with Alarm.com. By accessing the
Alarm.com customer website or using any other part of the Alarm.com Services, you agree to be
bound by these Alarm.com Terms. Although these Alarm.com Terms are part of your legal
agreement with GEOARM, you acknowledge and agree that they may be enforced by Alarm.com
directly. Please read in full and print for your records the Alarm.com Terms.
35. INVALID PROVISIONS. If any terms or provisions of this agreement shall be
determined to be invalid or inoperative, all of the remaining terms and provisions shall re-main in
full force and effect. The headings used in this agreement are intended solely for use as reference
and are not intended to be a part of this agreement or as a limitation of the scope of the particular
sections to which they refer.
