Contract Test


 Licensed by the Illinois Department of Financial and Professional Regulation License No.: 127-001677

 

ALERT PROTECTIVE SERVICES, LLC

3833 N. Cicero Avenue Chicago, IL 60641

(773) 685-8383

 

CONSUMER DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS

 

  1. Federal law permits you to agree to the receipt and access of certain documents and communications in electronic form, notwithstanding any requirement for written copies. Pursuant to this Consumer Disclosure and Consent to Electronic Communications you consent to receive and to be provided with electronic copies of all documents and communications as defined below. Please save or print a copy of this document for your records.

 

  1. Consent to Electronic Delivery. You agree to receive all documents and communications including but not limited to agreements, terms and conditions, bills for services, statutory notices, correspondence and disclosures required by law to be in writing, (“Documents and Communications”) from ALERT PROTECTIVE SERVICES, LLC (hereinafter referred to as “APS” or “COMPANY”) in an electronic format, (“Electronic Communications”).You acknowledge that you are able to receive and retain such Electronic Communications by printing, downloading or saving them to your electronic device. You accept any Electronic Communications provided by APS as reasonable and proper notice in full satisfaction of any law or regulation requiring that such Documents and Communications be provided to you in writing, or in a form that you have the ability to retain. You agree that you are solely responsible for notifying APS of any changes to your email address, and agree to keep it up to date by writing to APS at [email protected]: ALERT PROTECTIVE SERVICES, LLC, 3833 N. Cicero Avenue, Chicago, IL

 

  1. Paper Copies of Electronic Communications. You agree that APS does not need to provide you with additional paper (non- electronic) copies of any Electronic Communications unless you specifically request to receive paper copies. You may request a paper copy of any Electronic Communications provided by APS. You acknowledge APS reserves the right to charge you a reasonable fee for the production and mailing of any paper copy of Electronic Communications. To submit a request to receive a paper copy of all Electronic Communications contact APS by mail: ALERT PROTECTIVE SERVICES, LLC, 3833 N. Cicero Avenue, Chicago, IL

 

  1. Revocation of Consent to Electronic Communications. You have the right to withdraw your consent to receive Electronic Communications from APS at any time. You acknowledge that APS reserves the right to restrict or terminate your access to its website, web portal or web application if you withdraw your consent to receive Electronic Communications. To withdraw your consent to receive Electronic Communications contact APS by mail: ALERT PROTECTIVE SERVICES, LLC, 3833 N. Cicero Avenue, Chicago, IL

 

  1. System Requirements. If you have trouble viewing or accessing this document, you agree to notify APS immediately. To the extent required by law, APS shall notify you of any change made in the hardware or software requirements needed to access or participate in any electronic communication with APS, and you agree to re-consent electronically in any manner that reasonably demonstrates your ability to access Electronic

 

  1. Right to Modify Terms. APS reserves the right, in its sole discretion, to modify the terms and conditions of this Consumer Disclosure and Consent to Electronic Signatures and Communications. If required by law APS shall notify you of any modification to the Consumer Disclosure and Consent to Electronic Communications or the termination of its relationship with

 

To obtain Documents and Communications from APS electronically, indicate your consent to the above terms and conditions by providing at least two of three personal identifiers as requested below, typing your full name in the space provided, and clicking the "I Accept" checkbox below. Personal Identifiers: (Provide two of three)

 

Date of Birth:                           Mother’s Maiden Name:  

 

Last 4 Digits of Social Security Number:       Type Full Name: {{billing_first_name}} {{billing_last_name}}

 

 

I hereby accept the terms and conditions as outlined in the above agreement and understand that by confirming I am submitting my electronic consent to receive all document(s) and communication(s)

 

 

All-In-One Residential Security Sale Agreement  (Illinois)         Licensed by the Illinois Department of Financial and Professional Regulation - License No.: 127-001677

 

ALERT PROTECTIVE SERVICES, LLC

3833 N. Cicero Avenue Chicago, IL 60641

(773) 685-8383

 

STANDARD RESIDENTIAL SECURITY AGREEMENT

Date: 04/26/2024                                                       Telephone No: {{billing_phone}}

Subscriber Name: {{billing_first_name}} {{billing_last_name}}

Address: {{billing_address_1}} {{billing_address_2}} {{billing_city}} {{billing_country}}           

Email: {{billing_email}}               Subscriber ID:                                                        

 

  1. ALERT PROTECTIVE SERVICES, LLC (hereinafter referred to as “APS” or "ALARM COMPANY") agrees to sell, install, and program at Subscriber's premises, and Subscriber agrees to buy, an electronic security and or fire alarm system, consisting of the following equipment: (See Below Schedule of Equipment and Services or additional sales addendum if one was prepared for you.)                  

                             

     2.  SCHEDULE OF EQUIPMENT AND SERVICES (to the extent not covered in an attached sales addendum)

 

Control Panel: _________________________                              Fire Protection:

Keypad(s): ___________________________

Backup Battery: ________________________

Interior Siren: _________________________

 

Perimeter Protection:                                                                    Other / Special Instructions:

 

 

 

 

Interior Protection:

 

 

 

 

Check services provided:

 

 

 

  1. PASSCODE TO CPU SOFTWARE REMAINS PROPERTY OF APS: Provided Subscriber performs this agreement for the full term thereof, upon termination APS shall at its option provide to Subscriber the passcode to the CPU software or change the passcode to the manufacturer's default code. Software programmed by APS is the intellectual property of APS and any unauthorized use of same, including derivative works, is strictly prohibited and may violate Federal Copyright laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties. The Equipment shall remain personal property and shall not be considered a fixture, or an addition to, alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by
  2. TERM OF AGREEMENT / RENEWAL: The term of this agreement shall be for a period of three years and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof APS shall be permitted from time to time to increase all charges by an amount not to exceed nine percent each year and Subscriber agrees to pay such
  3. CENTRAL OFFICE MONITORING: Upon receipt of a signal from Subscriber’s alarm system, APS or its designee central office shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department depending upon the type of signal received. Not all signals will require notification to the authorities and Subscriber may obtain a written response policy from APS. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of APS or APS's designee central office and APS does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of APS and are not maintained by APS except APS may own the radio network, and APS shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish APS with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. Unless otherwise provided in the Call List APS will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with APS’s notification obligation. All changes and revisions shall be supplied to APS in writing. Subscriber authorizes APS to  access the control panel to input or delete data and programming.  If the equipment contains video or listening devices permitting central office  to monitor video or sound then upon receipt of an alarm signal central office shall monitor video or sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. If Subscriber requests APS to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay APS $90.00 for each such service. APS may, without prior notice, suspend or terminate its services, in central office’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central office facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central office is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by
  4. SERVICE: Service pursuant to paragraph 3(d)(ii) includes all parts and labor, and APS shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without APS's written
  5. REMOTE SERVICES ACCESS / EXCESSIVE DATA USAGE: If Remote Access and or Remote Viewing is included in the Schedule Of Equipment and Services to be installed and services provided by APS, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service from remote pendant supplied by APS or Subscriber’s Internet or wireless connection device which is compatible with APS’s remote services. APS will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed. The remote services server is provided either by APS or a third party. APS shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. APS shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data. APS shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology and APS shall have no liability for access to the alarm system by
  6. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high speed Internet access at Subscriber’s premises. APS does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system APS will authorize Subscriber access. APS is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and APS shall have no liability for such third party unauthorized access. APS is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes. APS is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense.

 

LIMITED WARRANTY ON SALE

7.  In the event that any equipment becomes defective, APS agrees to make repairs and replacement of parts without costs to the Subscriber for a period of one (1) year from the date of installation. APS reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life. APS is not the manufacturer of the equipment and Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, APS makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. APS does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, fire or otherwise; or that the system will in all cases provide the protection for which it is installed. APS expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than APS. APS shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by APS shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on APS's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that APS has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for APS's breach of this agreement or negligence to any degree under this agreement is to require APS to repair or replace, at APS's option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to service contracted under paragraph 3(d)(ii) of this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, APS will procure all permits required by local law and will provide certificate of workman's compensation prior to starting

 

 

 

 

     Customer Initials  

 

 

GENERAL PROVISIONS

8. FIRE ALARMS: Unless the Schedule of Equipment and Services provides for a fire alarm system to code APS makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction over fire alarm systems in Subscriber’s premises. If a fire alarm system to code is specified in the Schedule of Equipment and Services then APS will install fire alarm equipment pursuant to AHJ requirements. Subscriber agrees that any equipment required by the AHJ not specified in the Schedule of Equipment and Services shall be an extra to this agreement to be paid for by Subscriber at time said additional equipment is

9. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: APS shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including APS's negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of APS, APS shall have such additional time for performance as may be reasonably necessary under the circumstances. If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of APS, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk of loss of material once delivered to the job

10. TESTING OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify APS if it is in need of repair. Service if provided is pursuant to paragraph

11. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life, are not included in warranty or service under paragraph 3(d)(ii) and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without APS's written

12. ALTERATION OF PREMISES FOR INSTALLATION: APS is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in APS's sole discretion for the installation and service of the security system, and APS shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this

13. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by

14. LIEN LAW: APS or any subcontractor engaged by APS to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien

15. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to indemnify and hold harmless APS, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by APS's performance, negligence or failure to perform any obligation under this agreement. Parties agree that there are no third party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against APS or APS's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of APS. APS shall have the right to assign this agreement and shall be relieved of any obligations herein upon such

16. EXCULPATORY CLAUSE: APS and Subscriber agree that APS is not an insurer and no insurance coverage is offered herein. The security equipment and APS’s services are designed to reduce certain risks of loss, though APS does not guarantee that no loss will occur. APS is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of intrusion, burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by APS’s negligent performance to any degree  in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this contract or any other legal duty. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber releases APS from any claims for contribution, indemnity or

17. INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which APS is named as additional insured. APS shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against APS and its subcontractors for loss or damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.

18. LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of APS as a result of APS's negligent performance to any degree or negligent failure to perform any of APS's obligations pursuant to this agreement or any other legal duty, equipment failure, or strict products liability, that APS's liability shall be limited to the sum of $250.00 or 5% of the sales price or 6 times the aggregate of monthly payments for services being provided at time of loss, whichever is greater. If Subscriber wishes to increase APS's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with APS's increased liability. This shall not be construed as insurance

19. LEGAL ACTION / EARLY TERMINATION / AGREEMENT TO ARBITRATE: The parties agree that due to the nature of the services to be provided by APS, the payments to be made by the Subscriber for the term of the services part of this agreement form an integral part of APS's anticipated profits; that in the event of Subscriber's default it would be difficult if not impossible to fix APS's actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to APS, the balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% thereof as liquidated damages and APS shall be permitted to terminate all its services, including but not limited to terminating monitoring service, under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation. If APS prevails in any litigation or arbitration between the parties, Subscriber shall pay APS’s legal fees. In any action commenced by APS against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. The parties agree that they may bring claims against the other only in their individual capacity, and not as a class action plaintiff or class action member in any purported class or representative proceeding. Subject to Subscriber’s right to bring any claim against APS for up to $1,000 in small claims court having  jurisdiction, any dispute between the parties or arising out of this agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Arbitration Rules www.ArbitrationServicesInc.com, except that no punitive damages may be awarded.  Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. This agreement shall be governed by the laws of the State, and all actions and proceedings commenced in the county where the subscriber resides.  The parties waive trial by jury in any action between them unless prohibited by law.  Any action by Subscriber against APS must be commenced within one year of the accrual of the cause of action or shall be barred. All actions  or proceedings against APS must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against  APS in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and this consent to arbitrate shall survive the termination of this agreement.

20. APS'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that APS is authorized and permitted to subcontract any services to be provided by APS to third parties who may be independent of APS, and that APS shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber appoints APS to act as Subscriber’s agent with respect to such third parties, except that APS shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to APS's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and central offices of

21. NON-SOLICITATION: Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of APS assigned by APS to perform any service for or on behalf of Subscriber for a period of two years after APS has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, in addition to injunctive relief, APS shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee's termination of employment with APS, times twelve, together with APS's counsel and expert witness

 

     Customer Initials  

 

 

 

22. FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse APS for any fines relating to permits or false alarms. APS shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should APS be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay APS for such service or material.

23. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes APS to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to APS to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.

24. SECURITY INTEREST / COLLATERAL: To secure Subscriber’s obligations under this agreement Subscriber grants APS a security interest in the security equipment installed by APS and APS is authorized to file a financing

25. FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except APS’s requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. Should any provision of this agreement be deemed void, the remaining parts shall not be affected. This agreement shall run concurrently with and shall not terminate or supersede any existing agreement between the parties unless specified

 

ADDITIONAL EQUIPMENT, SYSTEMS AND SERVICE DISCLAIMER NOTICE

The undersigned acknowledges that a representative of ALERT PROTECTIVE SERVICES, INC. (hereinafter referred to as “APS” or “Alarm Company”) has explained additional equipment, systems and protection that may be available from APS, for additional charges, and the undersigned has had sufficient opportunity to consider the additional services that may be available, and has decided not to request or contract for such additional equipment, systems or protection. The additional equipment, systems and protection discussed included but was not limited to the following:

 

  • hard wire or wireless systems
  • additional contacts or motion detectors
  • audio or video surveillance
  • sprinkler / fire alarm
  • video monitoring

 

  • UL, ETL or other nationally recognized testing lab approved installation or monitoring
  • electrical surge protection
  • cellular/ radio backup latest technology
  • independent secondary system

 

  • data storage and retrieval
  • access control
  • fire, smoke, carbon monoxide, water, heat, temperature, roof, attic walls, exterior

 

The undersigned acknowledges that:

  • Not all of the above services are available or offered by APS but the services and equipment were brought to the undersigned's attention and the undersigned declined such services or the opportunity to obtain the services from other security
  • That APS explained the difference between VOIP and standard telephone line service and that APS recommends use of standard telephone line service and communication since VOIP may be less reliable and not compatible with the alarm system. The undersigned acknowledges that if VOIP is used it is at the undersigned’s sole
  • That APS is not responsible for the security or privacy of any wireless network system or router and that wireless systems can be accessed by others and it is the Subscriber's responsibility to secure access to the system with pass codes and lock
  • That APS has advised undersigned of any permits required for the alarm system and monitoring, and undersigned acknowledges that it is undersigned’s responsibility to obtain and maintain all required permits and pay any false alarm or other fines related to the alarm systems or service, and that smoke detectors and other battery operated devices must be checked monthly and batteries replaced at least annually and that the undersigned is responsible to check and replace

If APS is taking over this system installed by anyone other than APS, subscriber acknowledges that APS has inspected the security and or fire alarm system, reported nonoperational components, and Subscriber authorizes and agrees to pay for repairs which shall be detailed in the Sale or Service Agreement or separate sales addendum. If subscriber declines to pay for such repairs, APS is not obligated to install or activate the system and may terminate this contract without liability to APS.

 

PAYMENT INFORMATION AND CONTRACT ACCEPTANCE

 

SUBSCRIBER:

You may have your monthly bills paid automatically through ACH or credit cards. In addition, you may select to have any non-recurring bills such as service bills, installation charges etc. paid through direct payment. Please select the option that best satisfies your needs.

I authorize APS to have my credit card or bank account ACH (whichever I select below) automatically charged for all charges under this agreement.

 

 

 

NOTICE OF CANCELLATION

YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. I ACKNOWLEDGE TO BEING VERBALLY INFORMED OF MY RIGHT TO CANCEL AT THE TIME OF EXECUTION OF THIS CONTRACT AND RECEIPT OF THIS NOTICE.

SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY

OF THIS AGREEMENT, OF THIS PAGE 4 OF THIS AGREEMENT, THE ATTACHED NOTICE OF CANCELLATION FORM AND A SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION.

 

Subscriber Signature:       Print Subscriber Name:

 

ALERT PROTECTIVE SERVICES, LLC:  By:                                                                           Sales Rep                         

 

 

Notice of Cancellation - IL                                                                        Licensed by the Illinois Department of Financial and Professional Regulation - License No.: 127-001677

 

ALERT PROTECTIVE SERVICES, LLC.

3833 N. Cicero Avenue Chicago, IL 60641

(773) 685-8383

 

NOTICE OF CANCELLATION

ALERT PROTECTIVE SERVICES, LLC (hereinafter referred to as "APS" or Seller) to enter date of transaction

 

Date: 04/26/2024

 

Customer Name:

 

Customer Address:

 


YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE.
ALERT PROTECTIVE SERVICES, LLC (hereinafter referred to as “APS” or Seller) to enter date of transaction

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THIS CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY APS OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

 

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO APS AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF APS REGARDING THE RETURN SHIPMENT OF THE GOODS AT APS'S EXPENSE AND RISK.

 

IF YOU MAKE THE GOODS AVAILABLE TO APS AND APS DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO APS, OR IF YOU AGREE TO RETURN THE GOODS TO APS AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO:

ALERT PROTECTIVE SERVICES, LLC. 3833 N. CICERO AVENUE

CHICAGO, IL 60641

 

I HEREBY CANCEL THIS TRANSACTION

 

Date of Cancellation to be entered by buyer

____________________________

 

Buyer's Signature

 

Alarm.Com Rider                                                                                                                     Licensed by the Illinois Department of Financial and Professional Regulation - License No.: 127-001677

 

ALERT PROTECTIVE SERVICES, LLC

3833 N. Cicero Avenue Chicago, IL 60641

(773) 685-8383

 

ONLY COMPLETE THIS IF PURCHASING ALARM.COM SERVICES

 RIDER FOR ALARM.COM PRODUCTS AND SERVICES

 

                This Rider supplements the Agreement between the parties for alarm/security services and governs Subscriber’s relationship with Alarm.com. This Rider is for services and products furnished by Alarm.com, including the following:

CHECK BOX FOR APPROPRIATE SERVICES: See contract for pricing.

SERVICES: Only Alarm.com services selected are included:

☐ Alarm.com Wireless Signal Forwarding               ☐ Alarm.com Video                         ☐ Alarm.com interactive

☐ Standard Storage                                                       ☐ Additional Storage                       ☐ Alarm.com Empower

☐ Lights                                                                           ☐ Empower Locks                            ☐ Thermostat

☐ Alarm.com Image Sensor Plus                               ☐ Other:

 

               Annexed hereto and made a part hereof are terms required by Alarm.com. By accepting Alarm.com products and services you accept these terms. The Alarm.com terms are applicable to, and they govern your relationship with, Alarm.com. Your relationship with ALERT PROTECTIVE SERVICES, LLC is governed by your contract with ALERT PROTECTIVE SERVICES, LLC.

 

Read Alarm.com’s terms annexed hereto carefully. By execution of this Rider you agree to the terms set forth in “Alarm.com Terms”.

 

   

Subscriber’s Signature                                              

 

Date

 

ALARM.COM TERMS

IMPORTANT – READ CAREFULLY: You have agreed to purchase residential or commercial security, video, still-photo imaging and/or home automation products and services from an independently owned and operated security services dealer ("Dealer") pursuant to an agreement with the Dealer ("Dealer Agreement"). Alarm.com Incorporated, a Delaware corporation ("Alarm.com" or "us" or "we"), has authorized the Dealer to market and sell Alarm.com's services ("Services") to you with certain hardware and other products, including communication modules, video, imaging and/or home automation devices ("Equipment") that enable the Services. Sections A1 through A12 herein constitute the terms and conditions of Alarm.com's offering of the Equipment and Services ("Terms") and are part of your agreement with the Dealer and contain, among other things, important warranty disclaimers (Section A4) and limitations of liability (Section A5) applicable to the Services and the Equipment. By signing your agreement with the Dealer, accessing the Alarm.com customer website or mobile applications, or using any other part of the Services and/or Equipment, you agree to be bound by these Alarm.com Terms. You agree that these Alarm.com Terms may be enforced by us directly.

 

 

A1. Pursuant to the Dealer Agreement, you have agreed to purchase the Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that

(a) you have had the opportunity to read and review these Alarm.com Terms before entering into the Dealer Agreement, (b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don't remain an Alarm.com subscriber or if the Services become unavailable to  you for any reason, you will have no right of refund, return or deinstallation with respect to any Services or any Equipment, except if and to the extent otherwise required by law. We may modify these Alarm.com Terms from time to time to comply with applicable law.

 

A2. The Equipment may contain proprietary software of Alarm.com that is embedded in the Equipment. Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, "Materials") and Services. You will not (a) use, or cause or permit any other person or entity to use, any Materials or Services to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decomplication, disassembly, or other reverse engineering of any Materials, (ii) the transferring or resale, licensing or sublicensing of any Materials, or

(iii) the removal, delivery, or exportation of any Materials outside the United States or any other act in violation of any relevant export laws or regulations,

 

A3. If your Services include emergency two-way voice over a cellular or internet connection, you acknowledge that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service, you understand and accept the limitations inherent in cellular and internet technology and the consequences if the technology does not operate as designed. If your Services include video or still-photo image cameras, the video clips and still- photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Dealer. We have no control over and take no responsibility for the placement of cameras and their view.

A3. (continued) You agree to use the cameras and associated video and still- photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order. If the Equipment provided by your Dealer includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings. If the Equipment provided by your Dealer includes home automation devices (such as thermostats, lighting controls and door locks), you understand that such devices may not work together with the Equipment and Alarm.com Services, and you may be unable to control the devices using the Equipment or Alarm.com Services. Alarm.com makes no representations or warranties regarding the quality, function or effectiveness of any such home automation devices.

A4. THE SOLE WARRANTY PROVIDED BY ALARM.COM WITH RESPECT TO THE SERVICES, MATERIALS AND EQUIPMENT IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET    FORTH IN  THESE  ALARM.COM TERMS ("LIMITED WARRANTY"). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO SERVICES, ALL SERVICES, EQUIPMENT AND MATERIALS THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED "AS IS," WITH ALL FAULTS.

© 2022 Alarm.com

 

A4. (CONTINUED). TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALARM.COM DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU. ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES.

A5. (A) YOU AGREE THAT ALARM.COM IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT WE CHARGE FOR THE SERVICES AND EQUIPMENT REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY.

(B) ALARM.COM IS NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES (DIRECT OR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO ALARM.COM'S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OR ANY DEALER AGREEMENT OR OTHER BASIS. IF, NOTWITHSTANDING THESE TERMS, ALARM.COM IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, MATERIALS OR EQUIPMENT, THEN THE LIMITATION OF ALARM.COM'S LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE SERVICES.

(C) YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL ALARM.COM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES.

(D) YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL FEE TO US. IF YOU ELECT THIS OPTION, A RIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS AN INSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.

A6. You agree and acknowledge that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services, Materials and/or Equipment is voluntary.

A7. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Alarm.com, attempts to hold Alarm.com responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, Materials or Equipment, (b) negligence (including gross negligence), (c) improper or careless activity of Alarm.com, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney's fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss.

A8. You understand and agree that these Alarm.com Terms, and particularly Sections A4, A5, A6, A7, and A8, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors.

A9. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.

A10. These Alarm.com Terms shall be governed by the law of the State of Delaware, without giving effect to its rules of conflict of laws. If you are a resident or business located in the State of California, the following applies to you: If either you or Alarm.com commences a lawsuit for a dispute arising under or related to these Alarm.com Terms or in any way relating to the Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure section 638 et seq. and 641 through 645.1 or any successor statutes thereto.

A11. If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation."

A12. You expressly understand and agree that you have no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that you are not a third party beneficiary of any agreement between Alarm.com and the underlying carrier. In addition, you acknowledge and agree that the underlying carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to you and you hereby waive any and all claims or demands therefor.

*       *       *

© 2022 Alarm.com

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Signature Certificate
Document name: Contract Test
lock iconUnique Document ID: e43a35056cdd43a24e3d5820a4cae44b3b6f407b
Timestamp Audit
04/05/2022 2:06 PM CDTContract Test Uploaded by Jared Wasserman - [email protected] IP 75.41.113.241
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