Last updated: April 2021

This agreement by and between Black Owl Security Inc ("we" or "Black Owl Security") and ("you", “your”, or the "Subscriber") Subject to the terms and conditions set hereinafter set forth, Black Owl Security agrees to perform monitoring services for an electronic security alarm and/or video and/or voice communication system (“Service” or “Services”)

1. Subscriber shall pay a fixed fee per month, plus tax, for services, billed every month for a fixed period stated in the contract.  Black Owl Security’s alarm monitoring and notification services will begin when the equipment is installed, operational and communicating with Alarm Monitoring Center -AMC-.  Upon completion of this term, This agreement will automatically renew for successive thirty (30)-day terms unless terminated by either party at least thirty (30) days before the end of the current term.  If terminated, this Contract ends on the last day of the then-current term.  Subscriber may terminate service by calling Black Owl Security at (800) 585-6734.  Subscriber authorizes Black Owl Security to obtain a non-investigative consumer report, commonly referred to as a credit check or credit report from a consumer reporting agency at any time during the term.

2. Early termination of this contract.  You agree that the charges due under this contract are based on your agreement to receive and pay for the services for the fixed period stated in the contract and that Black Owl Security has relied upon your agreement and has incurred costs in deciding to enter into this contract. If you cancel service or otherwise terminate this contract during its initial term, or if Black Owl Security cancels this contract during its initial term for a reason set forth in paragraph 19(b) below, you will pay Black Owl Security 75% of the total remaining monthly charges as an alternative to me having to pay the full remaining charges. This amount is a contract termination charge and is not a penalty. The amount is payable immediately in full. No contract termination charges are due if you terminate, or if Black Owl Security cancels, during the thirty (30)-day renewal period(s).

3. INCREASES IN CHARGES. Black Owl Security has the right to increase the annual service charge at any time after the first 12 months. If I object in writing to the increase within thirty (30) days of receiving notice of the increase, and if Black Owl Security does not waive the increase, then You may terminate this Contract effective thirty (30) days after Black Owl Security’s receipt of your written notice of termination.  In this situation, You will not have to pay the contract termination charges described in Paragraph 2 above.  Notices of termination can be emailed to cancelservice@blackowlsecurity.com

4.  You agree to pay all construction/alarm use permit fees; all directly or indirectly imposed false alarm fines, fees or charges; all telephone or signal transmission company charges; and all other assessments, fees and charges related to the alarm system.  If Black Owl Security owes you money when this Contract ends, Black Owl Security has the right to deduct from any refund owed to you (A) service charges for thirty (30) days, if you fail to give the required written termination notice set forth in Paragraph 1 above; (B) any contract termination charges that You may owe as set forth in Paragraph 2 above; and (C) any other additional charges, amounts or deposits that you owe Black Owl Security. If the amount of the deduction equals or exceeds the amount that Black Owl Security owes you or if Black Owl Security owes you a credit of five dollars ($5.00) or less, Black Owl Security will not be obligated to refund any amounts to you.

5. Limitation of liability

5a. Waiver of subrogation. You agree that Black Owl Security is not an insurer and that Black Owl Security is not providing you with insurance of any type. The amounts you pay Black Owl Security are not insurance premiums and 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. Instead, the amounts Black Owl Security charges you are based solely upon the value of the equipment and services Black Owl Security provides and upon the limited liability Black Owl Security assumes under this agreement.  If you want insurance to protect against any risk of loss at your premises, you will purchase it. In the event of any loss, damage or injury, you will look exclusively to your insurer and not to Black Owl Security to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against Black Owl Security arising as a result of the payment of any claim for loss, damage or injury.

5b. No guarantee; no liability. Black Owl Security’s equipment and services do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, including, but not limited to, fires, floods, burglaries, robberies and medical problems. Other than the limited warranty and/or extended limited warranty set forth in this agreement, Black Owl Security makes no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the equipment and services provided will detect or avert such incidents or their consequences. Black Owl Security does not undertake any risk that you or your property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with you, not Black Owl Security. You release, waive, discharge and promise not to sue or bring any claim of any type against Black Owl Security for loss, damage or injury relating in any way to the equipment or services provided by Black Owl Security.

5c. Exclusive remedy. It is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by Black Owl Security to perform any of its obligations. Under no circumstances will you attempt to hold Black Owl Security liable for any consequential or incidental damages, including without limitation, damages for personal injury or damages to property. If, notwithstanding the provisions of this paragraph 5, Black Owl Security is found liable for loss, damage or injury under any legal theory relating in any way to the services and/or equipment provided by Black Owl Security, Black Owl Security’s liability to me shall be limited to a sum equal to 10% of the annual service charge or $500, whichever is greater. This agreed-upon amount is not a penalty. Rather, it is your sole remedy. Upon your request, Black Owl Security may agree to assume liability beyond what is provided for in this paragraph 5 by attaching an amendment to this contract setting forth the extent of Black Owl Security’s liability and the additional charges to you.

5d. Application. The provisions of this paragraph 5 apply no matter how the loss, damage, injury or other consequence occurs, even if due to the performance or nonperformance by Black Owl Security of its obligations under this contract or from negligence (active or otherwise), strict liability, violation of any applicable consumer protection law or any other theory of liability or alleged fault on the part of Black Owl Security, its agents or its employees.

5e. Indemnity. If any other person and/or entity, including your subrogating insurer, makes any claim or files any lawsuit against Black Owl Security in any way related to the equipment or services provided by Black Owl Security to you, you agree to indemnify, defend and hold Black Owl Security 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 your duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against Black Owl Security and regardless whether Black Owl Security has been found liable or whether Black Owl Security has incurred any expense.

5f. Time to bring claim or suit. No suit or action shall be brought against Black Owl Security more than one (1) year after the date of the incident that resulted in the loss, injury or damage, or the shortest duration permitted under applicable law if greater than one (1) year.

6. Warranty

6a. Limited warranty. During the first 90 days after installation, Black Owl Security will repair or, at its option, replace any defective part of the alarm system, including wiring, and will make required mechanical adjustments, all at no charge to you. Black Owl Security will use new or functionally operative parts for replacements. This limited warranty is for your benefit only and may not be enforced by any other person. To order service, call (800) 585-6734.

6b. Extended limited warranty.  If you purchase Black Owl Security’s extended limited warranty -ELW-, Black Owl Security will repair or, at its option, replace any part of the alarm system installed by Black Owl Security that requires repair or replacement due to ordinary wear and tear or malfunction, excluding batteries. Black Owl Security will use new or functionally operative parts for replacements. If you require services excluded from the ELW (see below for exclusions), then Black Owl Security will provide the services at its current labor rate for each service call. The ELW and the billing for it will commence on the date the alarm system is installed, operational and communicating with Black Owl Security’s monitoring center and will continue for the term of this contract. The ELW will automatically renew for successive thirty (30)-day terms at Black Owl Security’s then-current ELW rate unless terminated by either party’s written notice at least thirty (30) days before the end of the then-current term. If i purchase the ELW after the initial system installation, the alarm system must be in good working condition at the time i purchase the ELW. To purchase the ELW, call 800.238.7085.

6c. Warranty exclusions.  Black Owl Security performs warranty services only during normal working hours. If you request Black Owl Security to perform warranty services outside normal working hours, you will pay for the services at Black Owl Security’s then-current rates for labor and parts. The limited warranty provided under this contract and, if purchased, the ELW do not apply if Black Owl Security determines upon inspection that any of the following conditions caused the need for service: (a) damage resulting from accidents, theft, acts of god, natural disasters, labor disputes, war, terrorism, civil strife, electrical surge, alterations or misuse; (b) you fail to properly close or secure a door, window or other point protected by an alarm device; (c) you fail to properly follow the operating instructions; (d) trouble in a telephone line, use of non-traditional telephone line or service (including but not limited to DSL, ADSL, VOIP, digital phone, internet-based phone, cellular, radio, etc.) Or due to interruption of power; (e) repairs needed to window foil, security screens, exterior mounted devices (except for outdoor cameras installed by Black Owl Security) or prom (programmable read only memory); (f) ordinary maintenance or wear and tear (not excluded from ELW); (g) alterations to your premises or failure of your premises to comply with any applicable codes, regulations or laws; or (h) alterations or damage to the alarm system caused by you or by a cause beyond Black Owl Security’s control. Black Owl Security will not perform warranty services on any device not installed by Black Owl Security. Battery replacement is excluded from all warranties.

6d. No other warranties. Other than the limited warranty provided under this contract and, if purchased, the ELW, you agree that Black Owl Security makes no guarantee or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the services Black Owl Security performs or the equipment it provides. Your exclusive warranty remedy is set forth in paragraphs 6a and 6b above.

7. Subscriber agrees and understands that it is their responsibility to comply with any governmental restrictions, permits, conditions or regulations covering this system and agrees to pay in advance, or reimburse Black Owl Security for any payments on behalf of Subscriber for any fees, assessments and or fines as may be determined in accordance with those applicable governmental restrictions, permits, conditions or regulations.

8. Any future service or alterations provided to Subscriber by any party shall be considered an addition to this agreement and shall be incorporated into this document, and shall be subject to the same terms and conditions as fully set forth here.

9. This agreement does not include maintenance. Any maintenance is additional and Subscriber agrees to any said maintenance to be at standard service rates separate from this agreement for both parts and labor.

10. At time of initial connection, Black Owl Security to provide Subscriber various equipment to cause their system to be monitored. Upon completion of services, this equipment, unless owned by the subscriber, shall be returned to Black Owl Security.

11. Black Owl Security has no responsibility or liability to you or any other person or entity for delays in the installation or repair of the system, regardless of the reason. Black owl security has no responsibility or liability for interruptions of service or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of god or any other cause within or beyond black owl security’s control. If there are service interruptions, black owl security has no obligation to supply you with substitute services.

12. Subscriber is aware that the system must use Subscriber's phone line and/or internet connection to transmit signals to a central monitoring station.  Blocking, Restricting, Suspension, Disconnection or interference of phone line or services may cause loss of signaling ability without notice to the central monitoring station. If the system, monitoring facility or communication transmission medium is damaged, destroyed, malfunctions or is inoperable for any reason, monitoring services are automatically suspended without notice and without liability to Subscriber.  Subscriber is responsible for any phone and/or internet charges. In the event an additional communication interface is required, an additional fee may be charged.

13. ALARM MONITORING AND NOTIFICATION SERVICE.

13A. Monitoring Services are defined and limited to making reasonable efforts to communicate electronically or by telephone to the electronic addresses and telephone numbers provided by Subscriber.  After receipt by an operator of data, voice or images indicating the necessity for Monitoring Services, you authorize Black Owl Security to contact you and/or anyone on your Emergency Contact List.  You are representing that you are the authorized agent of each person on the Emergency Contact List, and you authorize Black Owl Security to contact each such person’s cell phone and/or other mobile devices.

13B. If Black Owl Security provides supervisory alarm or trouble alarm monitoring services (or if such services are actively programmed into the alarm system) and Black Owl Security receives an alarm, then Black Owl Security may attempt to notify your premises and/or the representative(s) you designate.  Black Owl Security may use an automated calling device to deliver such notification.  If medical emergency notification services are provided, you agree that the very nature of such services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold Black Owl Security responsible or liable; that the equipment furnished for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at your premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of Black Owl Security’s control.  Black Owl Security’s performance of, delay in performance of, or failure to perform medical emergency notification services are subject to the limitations of liability listed in this agreement.  You consent that the person(s) identified on your Emergency Contact List are authorized to act on your behalf. You understand that the equipment Black Owl Security provides may not operate with other companies’ alarm monitoring equipment and may prevent you from using such equipment in the event you terminate your services. You understand that local laws, ordinances or policies may restrict Black Owl Security’s ability to provide the alarm monitoring and notification services described in this agreement and/or necessitate modified or additional services with additional charges to you. You understand that Black Owl Security employs a number of industry-recognized measures to help reduce occurrences of false alarms.  These measures include, but are not limited to, implementation of default settings on alarm panels and various procedures to determine when and how to respond, if at all, to certain alarm events.  You consent to Black Owl Security’s use of these measures and agree that the alarm system has not been designed, programmed or installed 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.  You understand that, upon receiving notification that an alarm signal has been received by Black Owl Security, the police department, fire department or other responding authority may forcibly enter your premises.

14. Smoke and carbon monoxide detectors. If the alarm system includes smoke and/or carbon monoxide detectors, you agree that: (a) the number and placement of such detectors may not fulfill the requirements or recommendations in codes, laws or standards that apply in your jurisdiction, including the code provisions of the national fire protection association and the international residential code; (b) you have sole responsibility for complying with any and all codes, laws and standards that may apply to the installation, placement and maintenance of the alarm system; and (c) any smoke and/or carbon monoxide detectors described in this contract are supplemental devices only and are not intended to be part of a primary fire alarm or carbon monoxide detection system. You understand that Black Owl Security’s electrical smoke and carbon monoxide detectors, if installed in your premises, are designed to be connected to an electrical power source. These detectors will not operate, the alarm will not sound and the alarm signal will not be transmitted when: the electricity is cut off; the back-up battery, if included as part of the system, is low or dead; or fire cuts off the electricity before the alarm is activated, sounds and is transmitted.  Connecting these detectors to a separate dedicated electrical circuit may increase their reliability, but even dedicated circuits can fail. You understand that these detectors all have limited useful lives, after which time they will not function. It is your sole responsibility to monitor and replace all detectors before or at the end of their useful lives.

15. Battery-powered devices. You understand that all battery-powered motion detectors, smoke detectors, door and window contact transmitters and other detection sensors installed under this agreement are not connected to the electrical system of your premises and require batteries to operate. These battery-powered detection sensors will not operate, and the alarm will not sound, if the batteries are low or dead. It is your sole responsibility to maintain and replace these batteries. Black Owl Security recommends that you regularly inspect the sensors for dirt and dust buildup and test the sensors weekly to help maintain continued operation. Black Owl Security also recommends that you carefully read and follow the owner’s manual, instructions and warnings for all equipment.

16. It is your sole responsibility to verify proper operation of the system(s) by regularly testing the system(s), and immediately reporting to Black Owl Security any claimed inadequacy or failure(s).  If the inadequacy or failure reported is not responded to your satisfaction, you agree to notify Black Owl Security by certified mail within FIVE (5) days of the last contact with Black Owl Security or its designated agent.

17. Subscriber consents to all telephone, video, and other electronic communications through central monitoring station being recorded and authorizes any employee, resident or emergency subscriber full authority to issue instructions in regards to operation, installation, or service of the system unless specified otherwise in writing.

18. Subscriber aware that monitoring services provided under this agreement do not include supervisory signals, including but not limited to opening, closing or auto tests. Transmission of these type of signals or receipt of excessive signals of any type will cause Black Owl Security to access additional fees against Subscriber’s account.

19. Black Owl Security may, at its sole discretion, suspend monitoring services (with or without notice) for force majeure events, runaways, excessive signaling or problem accounts.

20. Subscriber is obligated to payments for services, regardless if their system is used or not.

21. Upon completion of service, Black Owl Security may at their option remove their property at prevailing service rates.  Black Owl Security is not responsible for any repairs required after equipment or wiring removal.

22. Failure to pay charges or honor contract. If you fail to make any payment when due or to honor any other term or condition of this Contract, Black Owl Security may stop providing the alarm monitoring and notification services and repossess or disable the equipment without notice.   You will grant Black Owl Security access to your premises and allow it to repossess or disable the equipment. Black Owl Security has no liability if it stops providing the alarm monitoring and notification services and repossesses or disables the equipment.  Black Owl Security is not required to redecorate or repair your premises as a result of repossessing or disabling the equipment. In addition to these remedies, Black Owl Security does not waive, and retains the right to exercise, any other legal remedy, including the right to charge you a late fee for each month that a payment is not received and/or interest on the unpaid amount and the right to report you to one or more consumer reporting agencies if your account become delinquent more than 90 days without a payment.

23. Upon cancellation of this service, or in the event Subscriber fails to make the payment agreed to in this agreement, Black Owl Security may, at its option, remove or disable any equipment owned by Black Owl Security or suspend or discontinue all services including, but not limited to monitoring service, without liability to Black Owl Security, its agents, employees, contractors, subcontractors, and/or assigns for any damages to Subscriber's premises or property caused during the original installation of the system or caused by the removal of the equipment. A reasonable service fee will be charged for the removal or disabling of the system either on site or by remote computer access. Should any property of Black Owl Security not be returned within 30 days of this agreements cancellation, regardless of cause, Subscriber to make full payment for retail value set forth for missing or non-returned equipment.

24. Any past due balances shall bear the interest rate of 1.5% per month, or the maximum allowable rate by law.

25. Subscriber shall not transfer this agreement to any other party. Transfer of this agreement can only be made by Black Owl Security and will not be in effect unless new Subscriber contracts with Black Owl Security by executing a replacement agreement.

26. This agreement and its terms may be assigned or transferred without subscriber’s prior consent to a third or new party.

27. You may not assign this agreement without prior written consent from Black Owl Security.  Black Owl Security does have the right to assign this agreement or to subcontract any of its obligations under this agreement without your approval and without notice to you.

28. Any claims for breach of this agreement or breach of any express or implied warranties of fitness or merchantability must be communicated IN WRITING, SENT BY CERTIFIED LETTER, TO THE BLACK OWL SECURITY WITHIN FIVE (5) DAYS OF THE ALLEGED BREACH. FAILURE TO DO SO WILL RESULT IN SUBSCRIBERS FULL AND COMPLETE WAIVER OF ANY DEFICIENCIES IT MAY HAVE AS A RESULT OF THE ALLEGED BREACH.

29. Subscriber agrees to pay any reasonable attorney's fees and costs incurred by Black Owl Security in enforcing its rights under this agreement, whether or not suit is instituted.

30. Black Owl Security and subscriber agree that any and all disputes arising under this agreement shall be governed by binding arbitration.  Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court.

31. Before initiating an arbitration, Subscriber and Black Owl Security agree to first provide to the other a written “Notice of Dispute” that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to Black Owl Security should be sent to: Litigation Department, Black Owl Security, 21700 Oxnard Street Suite 1730, Woodland Hills, CA 91367. Black Owl Security will mail a Notice of Dispute to your current available address.

32. Subscriber and Black Owl Security agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, Black Owl Security or subscriber may commence an arbitration proceeding.

33. If either Subscriber or Black Owl Security elects to arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the national arbitration organization to which the Dispute is referred.  Black Owl Security or subscriber may refer a Dispute to either the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”). If Black Owl Security elects arbitration and chooses one of the organizations to administer, Subscriber may object and automatically have the other organization administer the proceedings simply by notifying Black Owl Security of your objection in writing within 30 days of your receipt of Black Owl Security’s initial selection. To obtain a copy of the procedures, or to file a Dispute, you may contact the organizations at the following: (1) AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los Angeles, CA 92614, www.jamsadr.com.

34. If either subscriber or black owl security elects to arbitrate a dispute, subscriber and black owl security waive the right to a jury trial and to otherwise litigate the dispute in court. By agreeing to arbitrate, subscriber and black owl security may also waive other rights that would otherwise be available in court.  Further, if either black owl security or subscriber elects to arbitrate a dispute, subscriber waive his/her right to participate in a representative capacity or to participate as a member of any class action relating to the dispute.  This means that all Disputes selected for arbitration will be arbitrated on an individual basis, between Black Owl Security and Subscriber only, without exception. A Dispute cannot be joined or consolidated with any other claim or action.

35. Judgment on the arbitration award may be entered in any court having proper jurisdiction. Except as follows, the arbitrator’s decision will be final and binding.   Black Owl Security or Subscriber may appeal the arbitrator’s initial award to a three-arbitrator panel administered by the same arbitration organization upon written notice within 30 days of the initial award.  The arbitration organization will notify the other party of the appeal.  The panel shall consider any aspect of the initial award objected to by the appealing party and issue a decision within 120 days of the date of the notice of appeal.  The majority decision by the three-member panel shall be final and binding.  This Arbitration Agreement shall survive termination of this Agreement.

36. This Arbitration Agreement and any Dispute arbitrated hereunder shall be governed by the Federal Arbitration Act (“FAA”). The JAMS or AAA code of procedures, as chosen, will govern the arbitration, but if there is a conflict between the applicable code of procedures and this Arbitration Agreement, this Arbitration Agreement shall control to the fullest extent permitted by the FAA.  Each party is responsible for its own respective costs and fees, including, but not limited to, attorney and expert fees.

37. Except where expressly provided in this Agreement or required by applicable law, this Agreement shall be construed, interpreted and governed by the laws of the State of California without regard to the conflicts of law provisions thereof, and the exclusive forum for any disputes arising out of or relating to this Agreement shall be brought in an appropriate federal or state court sitting in the State of California.

38. In the State of California, Black Owl Security holds Alarm Company Operator License 7980.  Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA 95814.

39. This agreement constitutes the entire agreement between the parties and is intended as a final expression of that agreement. This agreement supersedes all prior representations, understandings, negotiations, statements, or agreements, all of which are deemed merged into this Agreement. This agreement may only be modified in writing by both parties or by an authorized agent of the same.

40. Title to all additional property installed and not purchased by Subscriber under this agreement to remain in Black Owl Security’s name.

41. Time is of the essence in this agreement.

42. If any part of this agreement is invalid or unenforceable, it shall not affect the remaining terms, obligations, or requirements set forth in the remainder of this agreement.

43. In the event any person, not a party to this agreement, shall make a claim or file a lawsuit of any kind against Black Owl Security for any reason relating to Black Owl Security’s duties or obligations pursuant to all aspects of performing this agreement, Subscriber to indemnify, defend and hold harmless Black Owl Security from any and all claims.

44. This agreement inures to the benefit of and is applicable to any subcontractors engaged by Black Owl Security to provide any service set forth in the Agreement and that those terms and conditions are binding on Subscriber as to each subcontractor.

45. Black Owl Security uses subcontractors to provide services to subscriber.  Black Owl Security and subcontractors are independent contractors; they are not partners or joint ventures.

46. ELECTRONIC MEDIA; PERSONAL INFORMATION. Black Owl Security may scan, image or otherwise convert this agreement into an electronic format of any nature. A copy of this agreement produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation.  Black Owl Security’s receipt by fax, email, online, and/or any other electronic format of the agreement signed by you legally binds you and such a copy is legally equivalent to the original for any and all purposes, including litigation. The personal information about you and third parties that you provided to Black Owl Security is true and complete. You will notify Black Owl Security without delay of any change to this information. You consent to Black Owl Security’s use of your personal information and that of third parties provided by you for the purpose of monitoring, setting up, and administering your monitoring services (including credit approval, invoicing, collecting and providing information on new equipment or services). You have obtained the consent of the third parties, whose personal information you provided to Black Owl Security, to use such personal information for the administration of your account with Black Owl Security and as provided in this Contract. Black Owl Security may collect (including your consent to record your telephone conversations with Black Owl Security’s representatives), use, disclose and transfer your personal information, and that of third parties provided by you, to Black Owl Security’s parents, affiliates, subsidiaries and successor corporations, any subcontractor or assignee of this agreement or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit or similar programs.

47. PRIVACY POLICY. Black Owl Security maintains an online privacy policy at www.blackowlsecurity.com/privacy.html that is applicable to the terms, conditions and obligations of the parties to this agreement.

48. SUBSCRIBER is aware of all terms and conditions of this agreement and has read this agreement, including all provisions with full understanding of all conditions and meaning of each condition set forth and knowingly accepts this agreement in full as an individual and as an authorized representative to any business or corporation if said business or corporation is a part of this agreement.  This agreement constitutes the entire agreement between the SUBSCRIBER and BLACK OWL SECURITY and NO OTHER AGREEMENTS, GUARANTEES or WARRANTIES, real or implied are in effect.

 

Black Owl Security Terms of sale

 

Last updated: April 2021

Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “System”) from Black Owl Security, Inc. ("Black Owl Security") and set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those contained in our product warranties. These are the Terms of Sale under which we are willing to provide you with the System and requires the use of binding arbitration to resolve disputes rather than jury trials or class actions (described in detail below). Please be certain you understand them.

By clicking the “Submit” button below or using the System, you agree that you have read these Terms of Sale and are legally bound by these Terms of Sale, including the disclaimers, limitations of liability and indemnity obligations below. You may print these Terms of Sale by clicking the print button on your Internet browser.

Payment Methods

Black Owl Security accepts ACH, wire transfers, direct deposits, electronic checks, paper checks, credit cards, debit cards and Black Owl Security Gift Cards as forms of payment. If a credit card is being used for a transaction, Black Owl Security may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or when the order is shipped. If the balance from a Black Owl Security Gift Card is used for a transaction, the amount is deducted from your Gift Card at the time of purchase. If the total amount of the transaction is greater than the balance available in Gift Card your credit card will be charged for the balance.

Black Owl Security accepts the following credit cards: Visa, MasterCard, American Express, and Discover. We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

Prices

Your total price will include the price of the products in your order plus any applicable sales tax and shipping charges, less any discounts offered. Black Owl Security reserves the right to change prices for products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Promotions

From time to time, Black Owl Security may offer discounts or coupon codes and/or other offers for free or discounted products or services for promotional purposes (“Promo Offers”). To the extent permissible under applicable laws, the following rules apply to any such Promo Offers made by Black Owl Security such as through our website or through any other direct to consumer communication. Terms and conditions for each Promo Offer may vary, but unless expressly stated otherwise, the following terms will be deemed to apply, with any conflicts being governed by the terms specified in the Promo Offer.

• Promo Offers can only be redeemed on purchases made directly from Black Owl Security, such as through our website (“Promo Offer Sales”).

• Promo Offers may not be combined, are non-transferrable, and have no cash value. Promo Offers cannot be sold or otherwise bartered, are limited one per registered household, and are void where prohibited.

• Customers who redeem a Promo Offer shall be responsible for any applicable taxes or fees associated with the corresponding Promo Offer Sale.

• Promo Offers are for a limited time only, subject to any express expiration date and/or supply availability limitations. If no expiration date is provided, the Promo Offer will be deemed to expire from the earlier of (1) when the Promo Offer is terminated or otherwise removed by Black Owl Security or (2) after six (6) months from date the Promo Offer was first communicated to the end user recipient. Promo Offers do not apply to prior sales or orders. To the extent permitted under applicable law, Promo Offers may be discontinued at any time at Black Owl Security’s sole discretion.

• Black Owl Security’s standard Terms of Sale and Terms of Use similarly apply with respect to any Promo Offer Sales.

• All Promo Offer Sales are subject to product and service availability.

• Black Owl Security reserves the right not to accept orders (involving a Promo Offer or not) where, Black Owl Security has any reason to suspect that any part of said order involves fraudulent activity.

• Subject to any other applicable terms and conditions mentioned herein, in the event any item included in a Promo Offer Sales order is returned Black Owl Security may at its sole discretion determine that such partial returns are only qualified for replacements. Where Black Owl Security decides to issue a refund, the amount refunded will not exceed the price paid for that item(s) under the applied Promo Offer.

• Promo Offer terms may vary by product or service.

Sales Tax

Black Owl Security website transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and Black Owl Security has the right to collect any tax it believes it is obligated to collect.

Black Owl Security Gift Cards

Black Owl Security Gift Cards are for transactions on the Black Owl Security website only. Sales tax will not be charged when the Gift Card is purchased. Sales tax is charged when the Gift Card is redeemed. The tax rate on the transaction is based on the delivery address of the redeemer. Gift Cards may not be used to purchase other Gift Cards.

Shipping

Delivery will be by common carrier F.O.B Black Owl Security’s shipping point. You assume sole risk of loss or destruction to the System during shipment.

Limited Warranty

Black Owl Security warrants to you, the initial purchaser of the System from Black Owl Security or an authorized retailer, that each of the products that make up your Black Owl Security System (“Covered Products”) will be free from defects in materials and workmanship under normal use and service for three (3) years from the date that you purchase the Covered Products. This limited warranty is non-transferrable. As a condition of this warranty, Black Owl Security may require that you provide proof of purchase during the warranty period and/or return the defective Covered Product. If Black Owl Security requires the return of the defective Covered Product, return shipping costs will be paid for by Black Owl Security.

Within the warranty period, Black Owl Security’s sole obligations shall be limited to accepting return of the defective product or part of the Covered Product and providing one or more of the following remedies, to be determined at Black Owl Security’s sole discretion:

Replacement of Covered Products:

For valid warranty claims made during the warranty period with respect to Covered Products, Black Owl Security may provide you with a substantially functional equivalent product or part to replace the defective item.

Replacement products provided under this Limited Warranty may be new, repaired or reconditioned, at the sole option of Black Owl Security. Black Owl Security warrants any replacement products for the limited warranty period from the date they are shipped to you.

Additionally, if a Covered Product has been discontinued and/or the substantially functional equivalent available replacement product or part to be issued in connection with this warranty would no longer be compatible with your System, at Black Owl Security’s sole discretion, Black Owl Security may offer you additional substantially functional equivalent replacement product(s) to address the compatibility issue. You understand and agree that this offer to replace other System components to address compatibility issues shall fully satisfy Black Owl Security’s remedy under this or any other applicable product warranty (to the extent this does not contradict or conflict with the terms thereof). If rejected, you will be deemed to have waived any other rights or remedies under this Limited Warranty. In no event shall Black Owl Security bear any responsibility for installation any replacement product or part or the cost of such installation.

Refund or Credit:

At Black Owl Security’s sole option and discretion, in lieu of replacing the defective Covered Product, Black Owl Security may instead offer to refund the original purchase price you paid to Black Owl Security or an authorized retailer for the Covered Product. If the defective Covered Product does not have a separate purchase price, Black Owl Security shall determine a purchase price based upon the overall purchase price of any system that the defective Covered Product may have been a part of. Such determination shall be solely within Black Owl Security’s discretion. Subject to availability, and at Black Owl Security’s sole option and discretion, instead of refund you may select a store credit of equal or greater value than the aforementioned refund value (to be determined by Black Owl Security), which may be applied toward other Black Owl Security products or services (to be determined by Black Owl Security). For the avoidance of doubt, if offered, the store credit remedy option would be offered as an alternative to the refund remedy option, presented for your selection of one or the other. This refund or credit remedy option shall only be made available at Black Owl Security’s sole discretion and option.

For warranty service, please contact Black Owl Security Customer Support at 1-800-585-6734 or visit www.BlackOwlSecurity.com and click on “Contact Us”. If Black Owl Security is unable to address the issue that you are facing, Black Owl Security will, subject solely to its discretion, determine the appropriate warranty remedy or warranty remedy option, as listed above.

As explained above, Black Owl Security may, at its discretion, require you return the Covered Product before Black Owl Security determines which warranty remedy option to provide. In this situation, Black Owl Security will provide you with a prepaid return slip for you to return your old product or part to Black Owl Security. In the event that Black Owl Security opts to send you a replacement product or part, as a remedy under this Limited Warranty and does not require prior return of such product or part as part of the warranty validation process, such replacement product or part may at Black Owl Security’s discretion still be shipped along with a postage prepaid return slip, and you will return your old product or part to Black Owl Security using such slip. Failure to return your old product or part in this instance may void any limited warranty on your replacement product or part, to be determined at Black Owl Security’s sole discretion.

This Limited Warranty does not apply in the following cases: failure to follow installation or operating instructions, misuse (which includes, without limitation, using products outdoors unless outdoor use is expressly permitted, and in such cases only as directed, and/or use in improper temperature, humidity or other environmental conditions), alteration, abuse, accident or tampering, or damage or non-performance resulting from use of any item or repair services not provided by Black Owl Security, as well as where your System or any component thereof is obtained from a third party other than Black Owl Security or an authorized retailer. This Limited Warranty also does not apply if damage was caused by Acts of God, natural disasters, labor disputes, war, terrorism, civil strife, or other causes beyond Black Owl Security’s control (including but not limited to changes impacting the performance, operation or sustainability of third-party communications and technology platforms, networks and protocols). Consumable parts, such as batteries or battery replacement, and adhesive tapes are excluded from this Limited Warranty. Products that are tested and found to be in good working condition (not defective) are not covered by this Limited Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. BLACK OWL SECURITY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, BLACK OWL SECURITY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY DESCRIBED ABOVE OR THE SHORTEST PERIOD ALLOWED BY LAW. IN NO CASE SHALL BLACK OWL SECURITY OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES (EACH, A “BLACK OWL SECURITY PARTY” AND COLLECTIVELY, THE "BLACK OWL SECURITY PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS LIMITED WARRANTY OR ANY OTHER WARRANTIES WHATSOEVER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Black Owl Security does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera, Smart Lock, or other peripheral Black Owl Security System component). Furthermore, the Black Owl Security Smart Lock is not an ANSI or BHMA certified door lock or deadbolt, and it must be correctly installed and used with a certified door lock that is operating in good condition; and used in environmental conditions that fall within the Black Owl Security Smart Lock specifications specified below (or in the corresponding user manual, which shall control in the event of any discrepancy). You assume all risk associated with the suitability, installation and performance of the door lock and other third-party components, hardware, software and services that you select.

CONSEQUENTLY, NO BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM THE SYSTEM FAILED TO GIVE WARNING. HOWEVER, IF ANY BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS LIMITED WARRANTY OR OTHERWISE, THE AGGREGATE LIABILITY OF ALL BLACK OWL SECURITY PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE BLACK OWL SECURITY PARTIES, AS DEFINED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE SYSTEM TO GIVE WARNING. THIS AGREED-UPON AMOUNT (THE PURCHASE PRICE OF THE SYSTEM) IS NOT A PENALTY, AND IS THE SOLE REMEDY.

By purchasing from Black Owl Security, you acknowledge that you have had an opportunity to review Black Owl Security's warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers.

Monitoring Services

Monitoring services will not be provided in connection with your purchase of the System unless you activate such services online through BlackOwlSecurity.com or by calling Black Owl Security Customer Support at 1-800-585-6734 (and as and when this feature becomes available, through the Black Owl Security mobile app). Monitoring Services are provided in accordance with Black Owl Security’s Terms of Service which can be found online at www.BlackOwlSecurity.com/terms.html

Services Provided Without Monitoring Subscription

If you activate service offerings made available in connection with a System that do not require a monitoring subscription (such as motion-detected alerts, cloud-based video recording and storage and/or video streaming services which may be made available, from time to time, in connection with a Black Owl Security security camera without a monitoring subscription) such services shall be provided in accordance with the Terms of Service that are applicable to such services which can be found at https://blackowlsecurity.com/terms.html.  For the avoidance of doubt, such services will not be provided unless or until you activate them online through the Black Owl Security mobile app or by calling Black Owl Security Customer Support at 1-800-585-6734.

INSURANCE

THE PRICE OF THE SYSTEM IS UNRELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES AT WHICH THE SYSTEM IS LOCATED. NO PORTION OF THE PURCHASE PRICE IS FOR INSURANCE OR SHALL BE DEEMED OR CONSIDERED INSURANCE PREMIUMS. YOU ACKNOWLEDGE AND AGREE THAT BLACK OWL SECURITY IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED ABOVE. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED ABOVE, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, FOR COVERAGE AGAINST ALL LOSSES, AS DEFINED ABOVE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, (IV) THE IMPROPER OPERATION OR NON- OPERATION OF THE SYSTEM, (V) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VI) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VII) PRODUCT OR STRICT LIABILITY (VIII) LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY BLACK OWL SECURITY PARTY, AS DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS DEFINED ABOVE, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.

LIMITATIONS OF LIABILITY AND RELEASE

Black Owl Security does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in Black Owl Security's Limited Warranty. In particular, as described in Black Owl Security's Limited Warranty, Black Owl Security does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera). You understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or other events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result.

BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO CIRCUMSTANCES WILL ANY BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF A BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL BLACK OWL SECURITY PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL BLACK OWL SECURITY PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Release of Insured Losses; Waiver of Subrogation

You release all Black Owl Security Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against any Black Owl Security Party for money paid to you or on your behalf.

INDEMNIFICATION

IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, TO PAY FOR ANY LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, YOU SHALL INDEMNIFY, DEFEND AND HOLD EACH BLACK OWL SECURITY PARTY, AS DEFINED ABOVE, HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES. THE DUTY TO DEFEND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST BLACK OWL SECURITY AND DOES SO REGARDLESS OF WHETHER BLACK OWL SECURITY HAS BEEN FOUND LIABLE OR WHETHER BLACK OWL SECURITY HAS INCURRED ANY EXPENSE. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

Software

Software embedded within any Black Owl Security System is licensed to you under this section on a non-exclusive and limited basis, and not sold. You may use such software only in connection with the product in which it is embedded, and may not modify, distribute, copy or reverse engineer such software. Such software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. All rights with respect to such software not licensed to you hereunder are fully reserved by Black Owl Security and/or its licensors.

Camera

If the System includes any camera or any other video-related equipment (collectively, the “Camera”), then with respect to the Camera, you acknowledge, understand and agree that (i) the Camera is intended to assist you, Black Owl Security and the monitoring facility in the verification of alarm events at your premises, not to reduce or eliminate any risk of loss, (ii) the Camera is not intended to detect or prevent unauthorized intrusion onto the premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage, (iii) you will use the Camera solely in connection with lawful recording practices on or near your Premises that at all times comply with the Terms of Service which can be found at https://blackowlsecurity.com/terms.html and no other purpose, (iv) you shall not use the Camera, or permit the use of the Camera, for any illegal or unlawful purpose, (v) you shall not use or permit the use of a Camera installed with a view where any person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas, (vi) you shall instruct all persons who may use the Camera of any limitations with respect to the Camera, (vii) you shall notify any person whose oral communication may be intercepted, recorded or transmitted by the Camera of any such interception, recording or transmission, and (viii) when and to the extent restricted or otherwise prohibited by applicable laws, YOU SHALL NOT INTERCEPT, RECORD OR TRANSMIT ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON’S PERMISSION TO DO SO. Please refer to the Black Owl Security Privacy Policy at https://blackowlsecurity.com/privacy.html for important information regarding the recording of audio or video.

Life Safety Notice

If you purchase a System that includes smoke detectors or carbon monoxide detectors, or if you add smoke detectors or carbon monoxide detectors at a later time, there may be specific requirements or standards for the installation and location of such detectors. You should contact your local authority having jurisdiction or consult a qualified professional to assist in the installation, maintenance and location of such detectors. You have sole responsibility for complying with any and all codes, laws and standards that may apply to the installation, placement, and maintenance of the System.

Privacy

Please refer to Black Owl Security’s privacy policy at https://blackowlsecurity.com/privacy.html for important information about our collection, use and sharing of your personal information.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Black Owl Security agree that Black Owl Security intends that this section satisfies the “writing” requirement of the Federal Arbitration Act. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to these Terms of Sale or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office.

The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms of Sale and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You can obtain the AAA procedures, rules, and fee information as follows:

 

AAA: 800.778.7879

http://www.adr.org/

 

In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Sale and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR BLACK OWL SECURITY WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR BLACK OWL SECURITY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION ENTITLED “OTHER TERMS AND CONDITIONS”) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

NOTWITHSTANDING THE FOREGOING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH BLACK OWL SECURITY, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST BLACK OWL SECURITY MAY NOT BE JOINED OR CONSOLIDATED IN THE ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER BLACK OWL SECURITY SUBSCRIBER, UNLESS OTHERWISE AGREED BY THE PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE SUBJECT TO ARBITRATION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING LEGAL@BLACKOWLSECURITY.COM WITHIN 60 DAYS OF THESE TERMS OF SALE BECOMING BINDING UPON YOU FOR THE FIRST TIME. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH BLACK OWL SECURITY. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SALE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY BLACK OWL SECURITY. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND BLACK OWL SECURITY EACH HEREBY IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ("SUIT") ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND BLACK OWL SECURITY MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS; YOU AND BLACK OWL SECURITY EACH CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVE ANY OBJECTION THAT YOU OR BLACK OWL SECURITY MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; YOU AND BLACK OWL SECURITY EACH CONSENT TO SERVICE OF PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT; AND YOU AND BLACK OWL SECURITY EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.

Other Terms and Conditions

You understand and agree that sales made by Black Owl Security-authorized distributors, resellers or retailers (including, but not limited to Amazon, Best Buy, BJs Wholesale, Costco, HSN, Lowe’s, Sam’s Club, Target, Touch of Modern, QVC, Walmart, Woot, and QVC, and many of their respective online e-commerce stores) shall be subject to these Terms of Sale, notwithstanding that the ultimate sale may have been made by authorized distributors, resellers or retailers. Moreover, the initial sales made to you by such Black Owl Security-authorized distributors, resellers or retailers shall be deemed an “initial sale” for the purpose of the Limited Warranty specified herein, and as such the Limited Warranty specified herein shall similarly apply to products sold to you in this manner.

These Terms of Sale and all transactions on the Black Owl Security website are governed by Massachusetts law without reference to its conflicts of law rules. The interpretation of the Terms of Sale shall not be construed against the drafter.

If this product is purchased online from the Black Owl Security website, any conflict between (i) the online Terms of Sale provided at the time of your online purchase (available at https://blackowlsecurity.com/terms-of-sale.html and (ii) any written Terms of Sale provided with the print copy Set-up Guide, shall be governed by the online terms.

Black Owl Security will not be liable for any failure to discharge its obligations under the Terms of Sale due to strikes, accidents, fires, or shutdowns of its manufacturing plant or plants supplying it or other contingencies beyond the control of Black Owl Security, including those arising out of or in connection with, due to, or caused in whole or in part by emergency conditions.

All claims, actions or proceedings against Black Owl Security must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly.

Unless otherwise expressly provided herein, (i) all notices required to be given to Black Owl Security shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to Black Owl Security’s then current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address Subscriber provided to Black Owl Security.

Should any provision of the Terms of Sale (or portion of the Terms of Sale), 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 the Terms of Sale, 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.