These Terms and Conditions (“Terms and Conditions”) apply to any order (“Order”) to purchase Company’s personal 911 panic button device and associated companion parts, including the docking station, power charger and other related accessories (collectively, the “Device”), submitted by you as the customer (“Customer”) to Apartment Guardian Inc. (“Company”). Customer is sometimes referred to as “you” or “your”. Company is sometimes referred to as “we”, “us” or “our”.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

THESE TERMS AND CONDITIONs INCLUDE A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.

COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. NOTICE OF ANY SUCH CHANGES TO THESE TERMS AND CONDITIONS WILL BE PROVIDED BY COMPANY BY POSTING A NOTIFICATION ON THIS WEBSITE OR UPDATING THE DATE REFERENCED AT THE BOTTOM OF THE REVISED TERMS AND CONDITIONS OR AS OTHERWISE DEEMED APPROPRIATE BY COMPANY. COMPANY’S RIGHT TO REQUIRE STRICT OBSERVANCE AND PERFORMANCE OF THESE TERMS AND CONDITIONS SHALL NOT BE REDUCED, VITIATED, OR OTHERWISE AFFECTED BY ANY CURRENT OR PAST WAIVER OF ANY OF THESE TERMS AND CONDITIONS (OR BY ANY PREVIOUS COURSE OF DEALING).

  1. Terms Governing All Orders

    These Terms and Conditions apply to all Orders submitted by you on Company’s website or otherwise. If you place an Order it means you have read these Terms and Conditions and expressly agree, consent to, and accept the terms and conditions contained herein as of the date you submit your Order (the “Effective Date”).

  2. Services

    At the touch of the panic button Company’s Device is designed to provide its user with a means to communicate, via available cell networks, with 911 call centers that dispatch municipal police, fire departments, paramedics and/or other public safety agencies (collectively, “Emergency Responders”) to the user’s location (the “Services”). The Services for your Device subscribed for in accordance with these Terms and Conditions are available twenty-four (24) hours a day, three hundred sixty-five (365) days a year, in the contiguous United States, Hawaii and Alaska (but excluding any other territories controlled by the United States) provided that your Device has cellular network access (as more-fully described herein).

  3. Orders and Acceptance

    When a Customer places an Order, such Order will not be deemed accepted by Company unless and until an Order acknowledgment is sent to Customer via email or otherwise by Company (“Order Confirmation”). Orders accepted by Company may not be cancelled by Customer without Company’s express written consent, which Company may withhold in its sole discretion. All Orders are subject to the availability of the ordered Device. Company reserves the right to impose quantity limits on the number of Devices requested in any Order, to reject all or part of an Order, and to discontinue the Device or Services without notice, even if you have already placed your Order. Also, even if an Order has been accepted, Company may subsequently cancel such Order in whole or in part due to Device availability, price change, if the incorrect Device and/or monthly price for Services was displayed on Company’s website, or as otherwise determined by Company in its sole discretion. Customer will be notified of any order cancellation and any amounts Customer has paid to Company in respect of such Order shall be refunded to Customer as set forth in the “Billing and Payments” paragraph of these Terms and Conditions.

  4. Shipping & Handling; Delivery; Title; Risk of Loss

    All Devices ordered by you will be shipped to the address noted in your Order. Devices are shipped via Federal Express (or other carrier selected by Company) with tracking. Customer is solely responsible for all shipping and handling charges which are incurred by Company to fulfill your Order and these charges will be included in Customer’s first monthly invoice. Title and risk of loss or damage for any ordered Device shall pass to Customer at the time the Device is shipped to Customer. Company will use commercially reasonable efforts to fill and ship Customer’s Order within five (5) business days after an Order is submitted but in no event shall Company be liable for any damages associated with Company’s inability to meet any such timeframes. If you receive a Device that is damaged or nonfunctional upon arrival, you must notify Company during the limited warranty period (as discussed below).

  5. Subscription Term for Services

    When submitting your Order, you agree to subscribe to Company’s Services for the specified contract length selected (i.e., month-to-month, 1-year, 2-year or 3-year) (each a “Subscription Term”) for each of the specified number of Devices in your Order (each a “Subscription”). With each Subscription, one (1) Device will be provided to you free of charge. You will own the Device, are solely responsible for all care and maintenance related to the Device, and are under no obligation to return the Device to Company at any time (even after a Subscription terminates). The Subscription Term shall begin on and as of the Effective Date of these Terms and Conditions. After the initial Subscription Term ends, the Subscription shall automatically renew on a month-to-month basis, unless terminated pursuant to these Terms and Conditions.

  6. Early Termination

    You acknowledge and agree that the fees due under any Subscription Term selected for your Device are based on your agreement to receive and pay for the Services for full Subscription Term.

    • Month-to Month Subscriptions. In the event that you have selected a month-to-month Subscription Term and desire to terminate the Subscription within the first three (3) months following the Effective Date or (b) Company terminates your Subscription within the first three (3) months following the Effective Date due your breach of these Terms and Conditions, you agree that you will pay Company an early termination fee of $75 per Subscription included in your Order. In the event that you wish to terminate your month-to-month Subscription any time after the first three (3) months following the Effective Date, you may do so at any time thereafter, without payment of any early termination fee.
    • 1-Year, 2-Year or 3-Year Subscriptions. In the event that you have selected a 1-year, 2-year, or 3-year Subscription Term and desire to terminate the Subscription anytime within your applicable Subscription Term or (b) Company terminates your Subscription within your applicable Subscription Term due your breach of these Terms and Conditions, you agree that you will pay Company an early termination fee equal to one-half of the aggregate Subscription fees due under the remaining months of your Subscription Term. In the event that you wish to terminate your Subscription any time after the initial 1-year, 2-year, or 3-year Subscription Term (i.e., after your Subscription converts to a month-to-month basis), you may do so at any time thereafter, without payment of any early termination fee.

    You agree that the early termination fee referenced above (and applicable to you) represents the amount of damages Company would suffer for an early termination of a Subscription (and not a penalty). You hereby authorize Company to charge such early termination fee against the credit card information you provided to Company with your Order.

  7. Billing and Payments

    • Monthly Subscription Fee. You will be billed on a monthly basis for our Services in accordance with the contract length you have selected in your Order (“Monthly Subscription Fee”). The Monthly Subscription Fee will be billed in arrears and due within 30 days. If any payment is thirty (30) days late you shall be deemed in default of these Terms and Conditions and you will be charged interest on the outstanding balance owed at eighteen percent (18%) per annum (1.5% per month).  In the event of payment default, Company may terminate your Subscription. Company does not waive its rights to collect the full balance owed to Company by accepting partial payments. Company will apply the partial payment to the outstanding charges in the amounts and proportions that Company determines.
    • Payment by Credit Card or Check. Monthly Subscription Fees may be paid by credit card or check. If you use a credit card, you authorize Company to charge all amounts owed by you against the credit card information you have provided to Company (or any other account which you may provide from time to time) and to demand immediate payment from your credit card issuer. If you make payment by check, you authorize Company to collect our check electronically.
    • Billing Disputes. Subject to applicable law, if you intend to dispute any amounts charged to you by Company under these Terms and Conditions, you agree that you will (i) pay the amount of the disputed bill in full and (ii) contact Company within forty-five (45) days of the date of the bill to discuss the disputed bill in question. Your failure to report any disputed bill within such time frame will result in a waiver of any rights you may have to dispute such bill. Company will timely review your dispute and, as appropriate, credit your account, or if Company finds that any amounts remain due from you under these Terms and Conditions, then such amounts will be immediately due and payable by you.
    • Taxes. You agree to be responsible and pay for, and reimburse Company if it pays, any federal, state and local taxes, and other fees and service charges that may be required by law on the Services we provide to you. These charges may change from time to time without advance notice.

  8. Termination of Services

    Company may elect to terminate the Services it is providing you at any time. You understand and agree that Services may also be terminated by Company in the event you: (i) fail to pay your Monthly Subscription Fee by the payment due date; or (ii) breach these Terms and Conditions.

  9. Device

    • Device Must Remain Charged to Operate. You acknowledge and understand that in order for the Device to operate, the Device’s battery must remain adequately charged. It is your sole responsibility to maintain the Device charged via the docking station and power charger provided with your Order. COMPANY STRONGLY RECOMMENDS THAT YOU READ THE USER GUIDE FOR THE DEVICE, WHICH CONTAINS IMPORTANT INFORMATION REGARDING OPERATING, TESTING AND MAINTAINING THE DEVICE.
    • Cellular Network Access: You acknowledge and understand that the Device uses cellular signals and services and that the Device is dependent on access to cellular signals and services.  A number of factors outside the control of Company can limit, impair or block your Device from access to a cellular signal and service such as building construction style, building materials, atmospheric conditions (i.e., weather), power outages, upgrade or maintenance work, or other interruptions in cellular service, distance from transmitter to receiver, surrounding terrain, battery life, signal strength, cellular network traffic, cellular tower conditions, faulty or failed cellular tower equipment, and interference from other cellular devices. you acknowledge and understand that the Device will not work AND IF the Device cannot access a cellular signal or service. you acknowledge and understand THAT EMERGENCY RESPONDERS WILL NOT RECEIVE SIGNALS FROM THE DEVICE IF A CELLULAR NETWORK IS NOT WORKING PROPERLY, TRANSMISSIONS ARE INTERRUPTED FOR ANY REASON, OR IF CHANGES IN THE CELLULAR NETWORK PREVENT THE DEVICE FROM COMMUNICATING WITH 911 CALL CENTERS.  You acknowledge and understand that Device relies on third-party services from wireless carriers (such as AT&T, All-Tel, Cingular, Sprint, T-Mobile and Verizon) that are not owned or controlled by Company and which are maintained and serviced solely by the applicable third-party services provider.  You acknowledge and understand that even if Device works well at the time of first test or activation, you are responsible for monitoring signal strength, power and service quality on an on-going basis.  Company is not responsible for maintaining or monitoring the cellular networks used by the Device for communication.  The Device can only work if cellular networks are working correctly and providing adequate signal strength.  YOU ARE RESPONSIBLE FOR TESTING THE DEVICE ON A REGULAR BASIS IN ORDER TO VERIFY THE CONTINUED FUNCTIONING OF THE DEVICE. You will immediately notify Company of any problems with the Device.
    • Global Positioning System: You acknowledge and understand that the Device uses a Global Positioning System (“GPS”) and that Emergency Responders and Company may use the GPS to find your location at any given time. You acknowledge and understand that global positioning capabilities are not available if satellite signals are obstructed or hindered, particularly, in remote areas. You acknowledge and understand that the Device’s usage of the GPS is fundamental to aiding Emergency Responders to your location. You acknowledge and understand that due to the very nature of GPS technologies, there will be times when the Device is unable to secure, maintain, or transmit signals, or that the information transmitted is not reliable, and thus, Emergency Responders will be unable to receive such signals. You also acknowledge and understand that the Device does not receive or send signals when the Device is damaged, does not have an adequate power source or is otherwise non-operational.  You acknowledge and agree that Company shall not, in any way, be liable for, or have responsibility with respect to, the GPS, any of the information therein obtained, or for interruptions in Service for any reason whatsoever.

  10. Emergency Responders

    You acknowledge and agree that (i) signals transmitted by Device will be monitored by Emergency Responders and Emergency Responders are not the agents of Company, and (ii) Company does not assume any responsibility for the manner in which such signals are monitored by Emergency Responders or the response, if any, to such signals by Emergency Responders. Customer agrees to indemnify, defend and hold Company harmless for all actions taken by Emergency Responders.

  11. False Alarms and Forced Entries

    If the Device is used to call, contact, hail, summon, or request any Emergency Responders, you shall (i) pay, without reimbursement from Company, or (ii) reimburse Company, for any fines, fees, costs, expenses or penalties assessed against you or Company by any court or governmental agency, for any reason.  In the event the Device is used to call, contact, hail, summon, or request any Emergency Responders, Emergency Responders may use forcible means to gain access to you, which may result in damage to your or another’s premises.  Such damage, cost and expense shall be borne solely by you without recourse to Company or Company’s employees, officers, directors, owners, affiliates, and agents (collectively, “Representatives”).  Company has no control over the actions of any Emergency Responders.  Company has no control over the response time of any Emergency Responders. In addition to utilizing the Device provided by Company under these Terms and Conditions, you acknowledge and understand that you may be able to reach Emergency Responders by telephone including, in many areas, by dialing 911, and agree to do so, to the extent telephone service is available to you. You hereby release Company fully from all claims, losses and damages that may arise from any forced entry or any delayed response by any Emergency Responders.

  12. Other Users

    These Terms and Conditions apply to all users of your Device. You are solely responsible and liable for all activities of users of your Device, including all access to or use of the Services. Without limiting the foregoing, it is your sole responsibility to: (i) inform other users of your Device that their access to and use of the Services is subject to these Terms and Conditions; (ii) direct all users of your Device to access training materials and other resources available at https://apartmentguardian.com [to be updated by Kate], and (iii) ensure that at all times other users of your Device comply with the applicable terms of these Terms and Conditions (as may be updated from time to time).

  13. Your Additional Obligations

    You agree that:  (i) you have the right and authority to enter into these Terms and Conditions and are legally able accept these Terms and Condition on behalf of yourself (and your users); (ii) you will monitor access and use of the Services by you (or your users) in connection with your Device to ensure that, at all times, such access and use is lawful and complies with these Terms and Conditions; (iii) you will keep your account information with us current, accurate and complete, including your legal name, address, phone number, payment information; (iv) you will be responsible for all costs and expenses, including taxes, losses, and liabilities, incurred in connection with your use (or your users use) of your Device and the Services or with these Terms and Conditions in any way; (v) you (or your users) will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with or damage the Device or use the Device is any manner not authorized by us; (vi) you (or your users) will not use the Device or Services for any unlawful purpose, to harass any person, or for any purpose not allowed by us;  (vii) you (or your users) will not remove, modify, or obscure any copyright notices, trademarks, or other proprietary rights notices on or contained in or on any portion of the Device or any information or other materials obtained in connection therewith; (viii) the Device will in all cases be used by you (or your users) for the signaling and response for which it is intended; (ix) you (or your users) will not cause an excessive number of false alarms; (x) you (or your users) will not use the sim card provided in the Device with other third-party products, or use the Device with a sim card from another third-party provider; (xi) you (or your users) will follow any recommendations Company may make for the repair or replacement of a defective Device; and (xii) you (or your users) are at least 18 years or older to use the Device and the Services provided hereunder in accordance these Terms and Conditions. Failure to adhere to any these obligations will constitute a breach of these Terms and Conditions.

  14. Limited Warranty

    Subject to the following limitations, terms, and conditions, Company warrants to you as the original purchaser (and only the original purchaser) of each Device as follows:

    • Device (Other Than Battery). If any Device you purchase from Company is damaged or nonfunctional upon arrival or if the Device becomes defective due to a defect in materials, workmanship or design, in each case within ninety (90) days from the Effective Date, Company shall replace or repair the Device, at Company’s election, at no charge to you.
    • Battery. If at any time within two (2) years from the Effective Date, the Device’s battery level is less than 100% after charging for four (4) hours (and confirmed by you by texting “battery” to the Device’s phone number and obtaining the battery level) or the battery leaks, you may return the Device to Company for battery analysis and replacement, if appropriate, at no charge to you.
    • Process. You must notify Company during this limited warranty period of the non-conforming Device (or battery) and follow Company’s then-current procedures, as directed by Company’s customer services representative, to return the Device to Company. You are solely responsible for all costs and expenses incurred by you to ship any Device, and for all risk of loss and damage to any Device being shipped by you, to Company for return or exchange. Upon Company’s receipt of any Device returned, Company will examine the Device for damage. If Company determines that any Device is found to have been damaged by you, this limited warranty will not apply. Notwithstanding the foregoing, this limited warranty does not cover any damages to the Device (including the battery) caused by accident, vandalism, negligence or mistake, flood, water, lightning, fire, intrusion, abuse, misuse, acts of god, casualty (including electricity), attempted unauthorized repair service, modification or improper use, or any other cause (excluding ordinary wear and tear).  This limited warranty does not apply if the battery is not being charged through a docking station not approved by Company, if the seals on the battery are broken or show evidence of tampering, or if the battery is being used in any product other than the Device.
    • Disclaimer of Other Warranties. THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF COMPANY’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE DEVICE. EXCEPT AS EXPRESSLY SET FORTH in this SECTION and except to the extent specifically prohibited by law, Company DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED on all Devices, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company makes no other express warranties and the warranties set forth in this Section supersede any prior representations and understandings regarding the Device, including any warranty arising from course of dealing, course of performance, or usage of trade. This limited warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
    • Non-Assignable. This limited warranty is not assignable.

  15. Prevention of Harm

    You acknowledge and understand that Company cannot guarantee the Device will keep you safe from assailants, attackers, invaders, etc.  You acknowledge and understand the Device is solely designed to provide a means to communicate to Emergency Responders.  The Device is not designed for, nor should it be used for any other purpose.  Company makes no guarantees, warranties or assurances that Emergency Responders will be able to provide assistance or protect you from harm. Company makes no guarantees, warranties or assurances that Emergency Responders will be able to reduce or prevent death, or bodily injury or harm or damage to property.

  16. Disclaimers

    EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THE DEVICE AND SERVICES, INCLUDING ANY INFORMATION OR SOFTWARE INCLUDED THEREIN, ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, WE AND/OR OUR REPRESENTATIVES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE DEVICE AND SERVICES, INCLUDING ANY INFORMATION AND SOFTWARE INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR DEVICE AND SERVICES IS AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of implied warranties, so the foregoing exclusions may not apply to you.

  17. Network Reliability Risk

    You acknowledge and understand that cellular networks, signals and services can be unreliable from time to time, which may affect Company’s Device and Services, including but not limited to impacting or preventing calls from transmitting, causing calls to drop, or outright failure to communicate.

  18. Limitation of Liability

    Notwithstanding anything in the contrary herein, In no event shall WE AND/OR OUR REPRESENTATIVES be liable to YOU or to any third party for any DIRECT, indirect, incidental, special, consequential, punitive or exemplary damages (regardless of the legal theory asserted for such liability, whether in contract, tort, negligence, strict liability or otherwise), including without limitation damages for lost profits or revenues, diminution in value, pROPERTY DAMAGE, personal injury or death, ARISING OUT OF OR IN CONNECTION WITH your use OR ATTEMPTED USE of COMPANY’S Device and Services, INCLUDING BUT NOT LIMITED TO A DELAY OR INABILITY TO USE THE DEVICE AND SERVICES for any reason whatsoever OR to THE transmission of emergency signals or communications over cellular networks, AND THESE TERMS AND CONDITIONS, EVEN IF WE AND/OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, and the sole remedy against us AND/OR OUR REPRESENTATIVES, SHALL BE LIMITED TO THE TOTAL SUM OF $75 PER SUBSCRIPTION. THE LIMITATION OF LIABILITY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE IS A FUNDAMENTAL ELEMENT OF THE CONTRACT BETWEEN US AND YOU. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not always apply.

  19. Indemnification

    If anyone other than you, including your insurance Company, asks Company or any of its Representatives to pay for any claims, losses, damages, liability, fines, fees, costs, expenses or penalties (including economic losses, property damage, personal injury, or death) (collectively, “Claims”) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including (i) active or passive, sole, joint or several negligence of any kind or degree of Company or any of its Representatives, whether before or after your acceptance of these Terms and Conditions, (ii) improper operation of Device, the failure of the Device to operate, or the inability to access or use the Services, (iii) breach of contract, or (iv) any claims for subrogation, contribution or indemnification, you agree to be liable for and to pay (without any condition that Company or any of its Representatives first pay) for all such Claims, including attorneys’ fees, as incurred, which may be asserted against or incurred by Company or any of its Representatives in connection with any and all such Claims. Without limiting the foregoing, in the event that Company or any of its Representatives are sued or made a party to any action or claim, directly or indirectly, arising out of or in any way connected with your use or purchase of any Device or Services sold by Company, any such claim or action is subject to the foregoing indemnity.

  20. Binding Agreement

    These Terms and Conditions is binding on Customer, Customer’s heirs, executors and administrators.

  21. Applicable Law

    The laws of the State of Delaware govern the interpretation of these Terms and Conditions, without reference to choice of law principles.  Any litigation arising out of the terms of these Terms and Conditions shall be filed in the federal or state courts located in Riverside County in the State of California.  All parties irrevocably consent to the sole and exclusive jurisdiction and venue in such court for such purposes.

  22. Dispute Resolution

    Any claim or controversy arising out of or relating to the use of our Device or Services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Riverside County in the State of California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive laws of the State of Delaware, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under these Terms and Conditions with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THESE TERMS AND CONDITIONS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

  23. Class Action/Jury Trial Waiver

    WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE DEVICE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

  24. Assignment

    These Terms and Conditions are not assignable by Customer except upon written consent of Company first being obtained, which consent may be withheld.  Company shall have the right to assign these Terms and Conditions or to subcontract any of its obligations under these Terms and Conditions without notice to Customer.

  25. No Waiver of Breach

    If you or Company shall waive any breach of these Terms and Conditions, it shall not be construed as a waiver of any subsequent breach.  Your right and Company’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein.

  26. Integrated Agreement; Amendments

    These Terms and Conditions contain the entire agreement between you and Company concerning the transactions described in these Terms and Conditions and supersede 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 these Terms and Conditions.  These Terms and Conditions cannot be altered, other than in writing signed by an officer of Company. In the event of any inconsistency or conflict between these Terms and Conditions and any provision in any Customer-submitted Order or writing, in any other document writing, or any oral arrangement in connection with an Order of any Device and Services, these Terms and Conditions shall govern and control (and any inconsistent provisions shall be void). In executing these Terms and Conditions, Customer is not relying on any advice or advertisement of Company.  NO PERSON ACTING ON COMPANY’S BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY “INDUCEMENT”) NOT EXPRESSED HEREIN.  BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THESE TERMS AND CONDITIONS.

  27. Valid Agreement

    Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and these Terms and Conditions, 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.