IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN BRIGHTON SOLUTIONS, LLC (“COMPANY”) AND THE PARTY THAT USES COMPANY’S MOBILE PERSONAL EMERGENCY RESPONSE DEVICES AND CONNECTIVITY FOR SUCH DEVICES (IF APPLICABLE) (THE “PRODUCTS”), WHO ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR HERSELF, HIMSELF OR ITSELF (AS APPLICABLE, “USER” OR “YOU”).
PLEASE NOTE THAT YOU NEED NOT AGREE TO BE BOUND BY THIS AGREEMENT. HOWEVER, IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU ARE NOT PERMITTED TO USE THE PRODUCTS, AND SHALL NOT HAVE ANY RIGHTS HEREUNDER AS A “USER.” IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD PROMPTLY DISCONTINUE USE OF THE PRODUCTS.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. USER’S USE OF THE PRODUCTS SIGNIFIES USER’S AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
COMPANY RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THESE TERMS AND CONDITIONS AT ANY TIME AND FOR ANY REASON. YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF ANY CHANGES. USER’S CONTINUED USE OF THE PRODUCTS AFTER ANY CHANGES TO THE TERMS OR CONDITIONS OR THE PRODUCTS WILL BE CONSIDERED ACCEPTANCE OF THESE CHANGES.
In the event a Product is capable of communicating one-way or two-way wireless, machine-to-machine – voice or data, Company will utilize its access to third-party cellular and/or satellite telecommunications networks in order to permit such product to communicate with such networks. This service will be provided as, when and where available, subject to transmission limitations including, without limitation, atmospheric conditions, topographical conditions, third-party wireless provider or other third-party issues or conditions, network congestion, emergency preemption, interruptions, and interference or limitations of third-party wireless telecommunications carriers. THIS SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY THAT THE SERVICE IS FIT FOR ANY PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY OR QUALITY OF THE SERVICE AND SHALL HAVE NO LIABILITY FOR ANY ERRORS, OUTAGES, FAILURES OR INADEQUATE SERVICE.
The software integrated into the Product is the property of Company or are owned by a third party and are used by Company under license. The Product may include a secured on-line program that allows User to manage the Product. User is responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary to utilize such program, including, without limitation, utilizing up to date access devices and the best commercially available encryption, antivirus, anti-spyware and internet security software. The Product incorporates software that consists of interactive internet applications that perform a variety of communications over the internet and/or wireless carriers as part of their normal operation. Some of the communication features are automatic and are enabled by default. By accepting this Agreement, User consents to the communications features, which include, among other things, communication of User’s account information between the Product and Company’s servers or the servers of Company’s contractors.
User’s information may be sent in communicating with Company’s servers or the servers of Company’s contractors over the internet and/or mobile data networks. Company and its subcontractors may match this information to personally identifiable information. User understands and agrees these communications may not be encrypted and may include personal or confidential information about User such as User’s account activity or status. User acknowledges there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and mobile data networks, and User hereby expressly assumes such risks. Company is not responsible for any errors or problems that arise from the malfunction or failure of Company’s servers, the internet, mobile data networks or User’s software, hardware or other equipment nor is Company responsible for notifying User of any upgrades, fixes or enhancements to, or providing technical or other support, to User’s software, hardware or other equipment.
User’s ability to use certain features of the Product may be limited during periods of high volume, systems upgrades and maintenance or for other reasons. Company will not be liable to User if you are unable to use such features.
COMPANY’S MAXIMUM AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). IN NO EVENT SHALL COMPANY BE LIABLE TO BUYER OR ANY OTHER PARTY FOR SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST BUYER BY ANY OTHER PARTY, REGARDLESS OF WHETHER COMPANY HAD BEEN PREVIVOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR DEMANDS.
IF ANYONE OTHER THAN YOU, INCLUDING YOUR INSURANCE COMPANY, ASKS COMPANY OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (I) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (II) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE BY COMPANY OR REPRESENTATIVES, (III) FAILURE OR MALFUNCTION OF THE PRODUCT, (IV) RECORDING OF SIGNAL OR AUDIO COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (V) PRODUCT OR STRICT LIABILITY, OR (VI) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT COMPANY OR REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY COMPANY OR REPRESENTATIVES.
You hereby waive any rights your insurance company may have to be reimbursed by Company for money paid to you or on your behalf. You hereby release Company for all losses, damages and expenses which are insured.
Should the party from whom you purchased the Product default under its agreement with Company, or if the System excessively signals without apparent reason, you unconditionally and irrevocably authorize Company to, without limitation, concurrently or consecutively, do any one or more of the following: ignore all signals received from the Product or render the Product incapable of signaling locally or communicating by deletion or modification of data necessary to operate the Product and Company’s obligations hereunder are waived automatically without notice to you.
You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the Product or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever, for the duration of such Interruption of service.
You shall pay, without any right to be reimbursed by Company, all fines, fees, costs, expenses and penalties assessed against you or Company by any court or governmental agency in the event the Product is activated for any reason whatsoever, or for the failure to comply with Company’s procedures and all laws and governmental agency regulations and policies applicable to you.
All claims, actions or proceedings, legal or equitable, against Company or its representatives must be limited to breach of this Agreement and commenced in court within one (1) year after the cause of action has accrued or the act, omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time, or said claim, action or proceeding is barred, time being of the essence.
TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY EITHER PARTY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, OR AS A CONSEQUENCE OF THIS AGREEMENT.
To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of New Jersey, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. All controversies, disputes, demands, counts, claims, or clauses of action between you and us shall be exclusively brought and heard in the state courts located in Union County, New Jersey, without any right to remove to Federal Court.
Notwithstanding anything in this Agreement to the contrary, to the extent the manufacturer of any Product provides a written warranty, the company that sold User the Product directly will be User’s agent in requesting the manufacturer to honor its warranty. Under no circumstances shall Company have any duty, obligation or liability to User arising out of or from, in connection with, as a result of or related to any manufacturer’s warranty, express or implied. THE PRODUCT IS PROVIDED TO USER “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL MEET ANY OF THE REQUIREMENTS OR NEEDS OF USER, OR THAT THE PRODUCT WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCT WILL BE CORRECTED. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THE PRODUCT. Some states do not allow the disclaimer of implied warranties. This warranty gives User specific legal rights and User may have other legal rights that vary from state to state.