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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
PLEASE ALSO NOTE: BY PURCHASING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.
Essence Cloud Self-Monitoring Service Agreement
1.1. Welcome to Essence. These terms and conditions set out the contractual basis on which Home Security Store, Inc." "You" and "your" refer to you, the person accepting these terms and conditions, and anyone using or benefiting from your access to the Essence Cloud Self-Monitoring Service, any Essence products purchased or owned by you or contained in your business or residence.
1.2. These Terms and Conditions apply to the Essence products that you have purchased from the Home Security Store. You should note that Home Security Store, Inc. accepts NO responsibility for the Essence products and their functionality and these Terms and Conditions provide you with NO additional rights from us as it relates to Essence products. Your Essence products are covered by Home Security Store's warranty and return policies.
1.3. Please read these Terms and Conditions carefully before using any Essence product, or the Essence Cloud Self-Monitoring Service. By clicking a button or link marked "I agree" on using any Essence product or the Essence Cloud Self-Monitoring Service (No central station monitoring is provided) you are indicating your agreement to be legally bound by these Terms and Conditions.
1.4. We reserve the right to change these Terms and Conditions at any time by updating the information on our website www.homesecuritystore.com. We will treat your continued use of the Essence Cloud Self-Monitoring Service as your acceptance of the then-current Terms and Conditions, so please check our website from time to time to review them.
2. Accessing the Essence Self-MonitoringService
2.1 To use the Essence Cloud Self-Monitoring Service you will need to buy the appropriate products from Home Security Store, to have a wired or wireless Ethernet connection to an "always on" and always working broadband Internet connection. In practice this means that you'll likely need a spare socket on your broadband router - if you don't have one then you'll need to buy a small Ethernet hub or switch which will give you some additional sockets. You must leave your broadband router powered at all times, have a working broadband Internet connection, and power to all the necessary devices for the Essence Cloud Self-Monitoring Service to operate.
2.2 You will need to register online for the Essence Cloud Self-Monitoring Service.
3. The Use of Essence Products
3.1 The Essence products are supplied by Home Security Store to help enable you to monitor and control certain aspects of your security system. The key component is the hub and you are free to add and remove different Essence products that work with the hub to suit your particular needs.
4. Essence Self-Monitoring Services
4.1 We will manage and maintain the Essence platform to provide the Essence Cloud Self-Monitoring Service you have selected to function with your Essence products; the price and scope of the services are subject to regular change so you should refer to www.homesecuritystore.com for the latest details.
5. System Backup power
5.1 The Essence system needs to have power and operate over broadband Internet connection to send and receive information from your home or office, including to use any alarm event or alert functions, so it is important that you have a reliable “always on' and always working broadband.
5.2 If power to the home or office is lost, the back-up battery will ensure your system continues to operate in the home or office for up to 1 hour, but the hub will not be able to send data to the platform and your Essence Cloud Self-Monitoring Service will not operate normally.
6. Payment Method
6.1 Approved Payment Method Required. Registration, activation, and use of the Essence Cloud Self -Monitoring Service requires a Home Security Store debit instrument (Payment Method). By submitting your Payment Method to us you represent and warrant that you are authorized to use the Payment Method as it relates to the Essence Cloud Self-Monitoring Service and your obligations under these Terms and Conditions. We will bill any monthly fees to the Payment Method you provide to us during checkout.
7. Billing and Duration
7.1 Account Creation and Duration. Your Essence Cloud Self-Monitoring Service will continue month- to-month unless and until you cancel your service or we terminate it. You must cancel your Essence Cloud Self-Monitoring Service before it renews on the next Billing Date in order to avoid billing of the next month's service fees to your Payment Method.
7.2 Billing. We automatically bill your Payment Method each month on the calendar day corresponding to your Billing Date.
8. Cancellation, Failure to Pay, and Breach of Terms and Conditions
8.1 Cancellation, No Refunds. If you cancel this service, your cancellation will be effective as of your next Billing Date. You will not receive a refund for the service to be delivered prior to your next Billing Date.
8.2 Effect on Products. Please note that cancelling your Essence Cloud Self-Monitoring Service won't affect your ownership of any Essence products that you've purchased from us, or your obligation to pay for them, and we'll be under no obligation to accept their return, or provide any credit or refund for them.
8.3 Failure to Pay; Breach of the Terms and Conditions. If you fail to make any payment when due, or if you breach any of these Terms and Conditions, Home Security Store may immediately disconnect your equipment from the Essence platform and terminate your Essence Cloud Self-Monitoring Service without any notification or compensation or liability to you.
8.4. Other Termination. You agree we may terminate your Essence Cloud Self-Monitoring Service for any reason at any time and for any reason at our sole discretion, including but not limited to your actual, suspected, or alleged use, abuse, or misuse of Essence Cloud Self-Monitoring Service, Essence products contrary to any law or regulation or right of any third party.
9. Essence Self-Monitoring and Monitoring Service
9.1 The Essence Cloud Self-Monitoring Service is not a certified service for emergency response and may not be linked to any emergency service contact numbers. It is your responsibility to ensure that the appropriate event messages can be relayed to you and your designated contacts. It is also your responsibility to determine the appropriate response to all events and you accept that, upon receiving a notification, you are entirely responsible for your response and that of your designated contacts. Should such a response incur costs, you accept full liability for those costs. If you attempt to use Essence products and Essence Cloud Self-Monitoring Service for medical emergency notification (Not recommended), you accept that such use of the services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold us responsible or liable. You acknowledge that the Essence equipment may experience signal transmission failures or delays for any number of reasons. Your designated contacts are authorized to act on your behalf. You acknowledge that the Essence system employs a number of measures to help reduce occurrences of false alarms (including, without limitation, the implementation of default settings and various procedures to determine when and how to respond, if at all, to certain events) and you accept our use of these measures. You acknowledge that the Essence system has not been designed or programmed pursuant to any law, code or rule that may be applicable to your particular premises, including, but not limited to, any code provisions of the National Fire Protection Association or the International Residential Code.
10. Availability and Security
10.1 The Essence Cloud Self-Monitoring Service may be suspended temporarily without notice in the case of attempts at denial of service, system failure, maintenance or repair, or circumstances beyond our reasonable control. No credit or refund will be provided for any period during which the Essence Cloud Self-Monitoring Service is suspended or unavailable. In addition, we will not be responsible for, nor provide a credit or refund for, loss or interruption in Essence Cloud Self-Monitoring Service of the benefits of Essence Cloud Self-Monitoring Service to you caused by third parties, including your internet broadband service provider or utility providers.
10.2 Your ability to receive – and your receipt of – notifications sent to you by the Essence Cloud Self- Monitoring Service depends on your various devices and service providers. We cannot and do not provide any guarantees for the availability or security of these products and Essence Cloud Self-Monitoring Service. We cannot and do not provide any guarantees for your ability to receive notifications sent to you by the Essence Cloud Self-Monitoring Service. You must test the Essence equipment and Essence Cloud Self-Monitoring Service monthly.
10.3 You acknowledge that data transmitted between you and us may be intercepted, lost or compromised by others and we accept no liability for the interception, loss or compromise of such data. For example, please be aware that emails in particular are not secure.
10.4 You acknowledge that you alone are responsible for protecting your computer hardware, software, data, Essence products from unauthorized access, viruses, spyware and all other types of malicious code.
10.5 You acknowledge that you are responsible for keeping any passwords and PIN numbers used for accessing the Essence Cloud Self-Monitoring Service confidential and under your control and secure. You are responsible for notifying us immediately if you believe that the security of your account may have been compromised in any way.
11. No Guarantee; Limitation of Liability
11.1 Limitation of Liability. This section explains our limited liability to you. In accepting these Terms and Conditions you are acknowledging that the sole purpose of the Essence Cloud Self-Monitoring Service is to provide a personal monitoring and control service for your property. We accept no liability for the failure of the system and you should not use the system in applications where any such failure could result in hazards, damage or losses of any description. You acknowledge that we are not insuring you against any losses that may result from any failure of the Essence Cloud Self-Monitoring Service.
11.2 You may choose to use the Essence Cloud Self-Monitoring Service and certain Essence products to provide self-monitored, alert-based security or protection for your home or office. You may also choose to use the Essence Cloud Self-Monitoring Service and certain Essence products to provide you additional assistance in your efforts to provide care to another, or others in providing care to you. However, this is not an emergency response service and it cannot be connected directly to the police or other public services. It is your responsibility to monitor your system, or have another you trust to monitor your system, and respond appropriately to information and events. You acknowledge that we cannot be responsible for, and accept no responsibility for, the security or care of you, those you provide care to, your family, your home and your possessions. You agree that we will not be responsible for any security breaches or losses under any circumstances. In addition, the Essence Cloud Self-Monitoring Service cannot be considered a lifesaving solution for people at risk in the home and it is no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
11.3 Limitations. Essence equipment and Essence Cloud Self-Monitoring Service cannot eliminate occurrences of events including, but not limited to, fires, floods, burglaries, robberies, and medical issues. We make no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the Essence products, equipment, and Essence Cloud Self-Monitoring Service (including Essence) provided will detect, avert or minimize such incidents or their consequences. We do not accept any risk that you or your property, or the person or property of others, may be subject to damage, injury or loss if such an event occurs, and we accept no liability for any such damage, injury or loss. The allocation of such risk remains with you and not with us.
In accepting these Terms and Conditions, you release, waive, discharge and promise not to sue or bring any claim of any type against Home Security Store, Inc. for any damage, injury or loss relating or alleged to relate in any way to the equipment or services provided by us.
11.4 IN NO EVENT WILL WE BE LIABLE TO YOU (AND IN NO EVENT WILL YOU ATTEMPT TO HOLD US LIABLE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AGGRAVATED, EXEMPLARY OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OPPORTUNITY COSTS AND ANY SUCH DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS) WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. No Insurance; Waiver of Subrogation.
12.1 You acknowledge that we are not providing insurance of any type. Your payments are not insurance premiums. Our fees for services and products are not related to the value of your property, anyone else's property located in your premises or any risk of loss at your premises. They are based solely upon their own inherent value and reflect the limited liability that we assume under these Terms and Conditions. You should protect against any risk of loss at your property with the appropriate insurance coverage. In the event of any loss, damage or injury, you must look exclusively to your insurer, and not to us, for compensation. In accepting these Terms and Conditions, you release and waive for yourself and your insurer all subrogation and other rights to recover against us arising as a result of the payment of any claim for loss, damage or injury.
13. Exclusive Remedy
13.1 It is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by us to perform any of our obligations. If we are found liable for loss, damage or injury under any legal theory relating in any way to the services and/or equipment provided by us or on our behalf, our liability to you shall be limited to $500. This agreed-upon amount is not a penalty. Rather, it is your sole remedy.
13.2 The provisions of this Section apply no matter how any alleged loss, damage, injury or other consequence occurs, even if due to the performance or non-performance by us of our obligations or from negligence (active or otherwise), strict liability, violation of any applicable law, or any other theory of liability or alleged fault on the part of us, our agents or our employees.
14. Indemnity, Arbitration, Limitation on Claim.
14.1 Indemnity. If any other person or entity, including your subrogating insurer, makes any claim or files any lawsuit against us in any way related to the equipment or services provided by us or on our behalf, you agree to indemnify, defend and hold us harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys' fees. Your duty to defend is separate and distinct from the duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against us and regardless of whether we have been found liable or incurred any expense.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
14.2.1 Binding arbitration. You agree to submit any claim, dispute, action, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Essence Cloud Self-Monitoring Service. Any dispute or claim made by you against us arising out of or relating to these Terms and Conditions or your use of the Essence Cloud Self-Monitoring Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
14.2.2 Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Service Dept @ firstname.lastname@example.org or 888-501-7870 to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of a Nationwide Arbitration Organization as modified by this agreement. You and Home Security Store, Inc. agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and Home Security Store agree otherwise, any arbitration will take place in Riverside, CA. and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator's rules. Any arbitration shall be confidential, and neither you nor Home Security Store may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
14.2.3 Costs of arbitration. All administrative fees and expenses of arbitration will be divided equally between you and Home Security Store. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
14.3 Time to Bring Claim or Suit. Notwithstanding section 14.2 above, no arbitration, suit or action can be brought against us more than one (1) year after the date of the incident alleged to have resulted in the loss, injury or damage (or, if greater, the shortest duration permitted under applicable law).
14.4 Benefit to Others. The provisions of this Section shall apply to and benefit us and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents (both direct and indirect), affinity marketers and other 3rd party suppliers and partners.
15.1 Our failure to exercise any of our rights under these Terms and Conditions shall not be deemed to be a waiver of such rights or a waiver of any breach of these Terms and Conditions. We may assign any of our rights or delegate any of our obligations under these Terms and Conditions without your prior consent. You shall not assign any of your rights, nor delegate any of your duties, under these Terms and Conditions without our prior written consent.
15.2 If any term or provision hereof should be held to be invalid, unenforceable, or illegal, such holding will not invalidate or render unenforceable any other provision hereof, and the remaining provisions will not be impaired thereby.
15.3 These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to these Terms and Conditions shall be a federal or state court in Riverside, California, and you consent to such jurisdiction and venue.