Terms - 3
VII. LIMITED WARRANTY AND PURCHASE PROTECTION FOR ALARM PRODUCTS
Limited Warranty This is a "Limited Warranty" which gives you specific legal rights to the fullest extent permitted by applicable law. You may also have other rights, which vary from jurisdiction to jurisdiction. Please keep your dated sales receipt; subject to applicable law, it is required for all Limited Warranty requests. Subject to applicable law, any dispute or controversy regarding this Limited Warranty arising from your use of your Alarm Product will be resolved by final and binding bilateral arbitration in accordance with the DISPUTE RESOLUTION section of Ring’s Terms of Service, FOUND HERE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IF APPLICABLE LAW DOES NOT PERMIT RING TO LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH STATUTORY OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF ONE (1) YEAR FROM THE DATE OF YOUR PURCHASE OF THE ALARM PRODUCT, OR ONE (1) YEAR FROM THE DATE OF RECEIPT OF YOUR REPLACEMENT ALARM PRODUCT.
What the Warranty Covers For a period of one (1) year from the date of your purchase of the Alarm Product, or one (1) year from the date of receipt of your replacement Alarm Product (see Purchase Protection Plan in Section iv. below for details), Ring will, at its sole option, repair or replace any part or component of the Alarm Product that malfunctions due to defective parts at no charge to you. This Limited Warranty is not transferrable or assignable by you and (subject to applicable law) applies only to the original consumer purchaser. Ring may, in its sole discretion, make any repair or replacement with new or refurbished parts or components. If the part or component requiring repair or replacement is no longer available, Ring may, in its sole discretion, replace such part or component with a similar part or component of similar features, functions and quality.
What the Warranty Does Not Cover The Limited Warranty shall not apply to any of the following causes and events: damage due to misuse, abuse, failure to follow instructions and specifications, negligence, casualty (e.g., fire) or acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), and consumable parts (including batteries) are not covered by this Limited Warranty. Unauthorized service or modification of the Alarm Product or any part or component will void this Limited Warranty in its entirety. This Limited Warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. In addition, this Limited Warranty does not cover any losses, injuries to persons, loss of property or other monetary damages. This Limited Warranty and the Purchase Protection Plan do not apply if you purchase a pre-owned Alarm Product, purchase the Alarm Product from any unauthorized seller, or purchase of the Alarm Product from third party sellers on Amazon, eBay, or other online marketplaces. Ring strongly suggests that you do not buy the Alarm Product from any unauthorized sellers, as the Alarm Product may be used, defective, counterfeit or may not be designed for use in your location. This Limited Warranty covers only Ring™ Alarm Products and is not extended to other equipment, components, or devices that a customer uses in conjunction with the Alarm Product.
Purchase Protection If your Alarm Product is stolen at any time after your purchase, Ring will replace it at no charge to you. This purchase protection is not transferrable or assignable and (subject to applicable law) applies only to the original consumer purchaser. Coverage of this purchase protection is limited to one (1) replacement only for each Alarm Product that you have purchased. Purchase Protection does not apply to any Alarm Products purchased pre-owned, from any unauthorized sellers, or from third party sellers on Amazon, eBay, and other online marketplaces. Any claim based on theft of your Alarm Product must be submitted within fifteen (15) calendar days (time being of the essence) of the theft and include the original sales receipt, and a copy of a police report evidencing that you reported the theft to the police. Failure to report the theft to police voids this Purchase Protection.
How to Obtain Limited Warranty Service/Replacement To obtain the benefit of the above Limited Warranty or Purchase Protection, please contact Ring community support at: help@ring.com +1(800) 656-1918 (US) + 1(310) 929-7085 (International) For Limited Warranty requests: Please be prepared to describe the Alarm Product that needs service, the nature of the problem and to provide proof of purchase. You will also be required to return your existing Alarm Product in accordance with directions that will be provided by Ring. Ring has no warranty or other obligations with respect to any Alarm Product that is excluded from the Limited Warranty pursuant to Section iii, above, of this Limited Warranty, as reasonably determined by Ring, and you agree to arrange and pay for shipping to return the Alarm Product to Ring, and the shipping costs for Ring to return the serviced Alarm Product or replacement Alarm Product back to you. Any claim under this Limited Warranty must be submitted to Ring before the end of the Limited Warranty period described above; time being of the essence. Please allow up to fourteen (14) business days for your Limited Warranty request to be processed. For Purchase Protection Replacement requests: Please be prepared to describe the Alarm Product that needs to be replaced and provide Ring with a copy of the applicable police report. Please allow up to fourteen (14) business days for your replacement to be processed.
VIII. REMOTE ACCESS SERVICE
You may choose to use the Ring app. to remotely arm, disarm and check the status of your Alarm Product, receive real-time alerts, and utilize other features, functionalities and benefits of the Alarm Product (the “Remote Access Service”) through a compatible portable enabled electronic device, like a smart phone or tablet, or through a personal computer (the “Electronic Device”). It is your sole responsibility to assure that your Electronic Device is at all times compatible with the Remote Access Service.
When using the Remote Access Service, it is your responsibility to monitor your Alarm Product, or have another person you trust monitor your Alarm Product, and respond appropriately to all information and events received while using the Remote Access Service. It is likewise your responsibility to ensure that, while using the Remote Access Service, notifications from the Alarm Product (including any alarm event messages) can be relayed to you and your designated contacts. Further, it is your responsibility to determine the appropriate response to all information and events you receive while using the Remote Access Service and you accept that you are entirely responsible for your response and that of your designated contacts. If your response to information and events while using the Remote Access Service incurs costs, you accept full liability for those costs. If you receive notice of any life/safety, property risk, fires, floods, burglaries, robberies, medical issues or other emergency events while using the Remote Access Service, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
IX. MONITORING SERVICE
** i. The Monitoring Service**
If you choose the Central Station Monitoring Service (“Monitoring Service”), a Central Monitoring Station (the “Monitoring Station”) will, during the Term of the Monitoring Service, monitor signals transmitted to it from your Alarm Product or Third-Party Devices (as defined in Section XVIII, below) expressly certified and approved by Ring to be compatible with the Monitoring Service. You understand and agree that the Monitoring Station is a subcontractor of Ring, and the Monitoring Station and Ring are independent operating companies. There is no partnership, joint venture, employer/employee, master/servant, or other similar relationship between the Monitoring Station and Ring.
ii. Available with Certified and Approved Third Party Devices Only.
YOU UNDERSTAND AND AGREE THAT THE MONITORING SERVICE WILL ONLY WORK WITH THE ALARM PRODUCTS AND THIRD-PARTY DEVICES EXPRESSLY CERTIFIED AND APPROVED BY RING TO BE COMPATIBLE WITH THE MONITORING SERVICE. IF YOU HAVE SELECTED THE MONITORING SERVICE, YOU HEREBY RELEASE AND HOLD RING AND THE MONITORING STATION HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ANY THIRD-PARTY DEVICES, EVEN IF SOLD BY RING, THAT ARE NOT EXPRESSLY CERTIFIED AND APPROVED BY RING TO BE COMPATIBLE WITH THE MONITORING SERVICE.
iii. Residential Use Only
YOU HEREBY UNDERSTAND AND AGREE THAT MONITORING SERVICE IS INTENDED FOR USE ONLY AT A SINGLE RESIDENTIAL (NON-COMMERCIAL) LOCATION WHERE THE ALARM PRODUCT IS INSTALLED AND REGISTERED BY THE CUSTOMER THROUGH THE RING APP. (THE “REGISTERED ADDRESS”). THE MONITORING SERVICE WILL NOT FUNCTION IF ANY OF THE ALARM PRODUCTS ARE INSTALLED OR USED AT ANY LOCATION OTHER THAN THE REGISTERED ADDRESS. PLEASE BE WARNED THAT IF YOUR REGISTERED ADDRESS IS NOT CORRECT OR CURRENT, THE MONITORING STATION WILL BE UNABLE TO CONTACT YOU OR DISPATCH EMERGENCY RESPONDERS TO THE LOCATION WHERE YOUR ALARM PRODUCT IS ACTUALLY LOCATED AND INSTALLED, AND/OR EMERGENCY RESPONDERS MAY BE DISPATCHED TO AN INCORRECT LOCATION. YOU ACKNOWLEDGE THAT THE MONITORING SERVICE IS NOT INTENDED FOR USE AT A COMMERCIAL BUILDING, PLACE OF BUSINESS OR MULTI-FAMILY DWELLING, AND YOU AGREE NOT TO SO USE THE MONITORING SERVICE. IF YOU HAVE SELECTED THE MONITORING SERVICE, YOU HEREBY RELEASE AND HOLD RING AND THE MONITORING STATION HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM. RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ALARM PRODUCTS AT A LOCATION OTHER THAN YOUR REGISTERED ADDRESS, OR AT A COMMERCIAL BUILDING, PLACE OF BUSINESS OR MULTI-FAMILY DWELLING.
iv. Address Verification Required.
Ring and the Monitoring Station utilize an address verification system in an effort to verify your Registered Address to reduce the risk of fraud and help ensure that emergency responders, if dispatched by the Monitoring Station, are dispatched to the correct address. YOU UNDERSTAND AND AGREE THAT, UNTIL YOUR REGISTERED ADDRESS IS SO VERIFIED, THE MONITORING SERVICE WILL NOT BE AVAILABLE FOR YOUR ALARM PRODUCT AND THE MONITORING STATION WILL NOT RECEIVE ANY ALARM SIGNALS FROM YOUR ALARM PRODUCT. YOU HEREBY AGREE TO RELEASE AND HOLD RING AND THE MONITORING STATION HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF THE MONITORING SERVICE WHILE YOUR REGISTERED ADDRESS IS BEING VERIFIED AND UNTIL YOUR MONITORING SERVICE HAS BEEN ACTIVATED. IF YOU HAVE AN ACTUAL EMERGENCY BEFORE YOUR REGISTERED ADDRESS HAS BEEN VERIFIED AND YOUR MONITORING SERVICE HAS BEEN ACTIVATED, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.
v. Permit and Registration Requirements
For the Monitoring Service, some local governments have various permit or registration requirements for your Alarm Product. Without the required permit or registration, emergency responders may not respond to requests from the Monitoring Station for emergency dispatch, and/or fines and penalties may be levied by the applicable local government. Through the Ring app., Ring may notify you if the local government corresponding to the Registered Address for your Alarm Product requires you to obtain a permit or registration for the Monitoring Service. If you are so required to obtain a permit or registration, then you are solely responsible for complying with all requirements of your local government to obtain, maintain and renew the permit or registration, including completing all required applications and renewal applications and paying any applicable fees and renewal fees. Further, you are responsible for any fines and penalties that may be assessed by the applicable government or municipal authorities against you, Ring or the Monitoring Station arising from your failure to obtain, maintain and renew the applicable permit or registration. To the fullest extent permitted by applicable law, you hereby expressly authorize Ring to charge the payment card associated with your Monitoring Service account the full amount of any such fines or penalties assessed against Ring or the Monitoring Station. If the applicable government or municipal authorities requires Ring to obtain, maintain and renew a permit or registration for your Alarm Products, then you agree to reimburse Ring, upon request, for the actual fee, if any, paid by Ring to the applicable local government to obtain, maintain and renew any such permit or registration. To the fullest extent permitted by applicable law, you hereby expressly authorize Ring to charge the payment card associated with your Monitoring Service account the actual amount of any such fee paid by Ring to obtain, maintain and renew any such required permit or registration. YOU HEREBY AGREE TO RELEASE AND HOLD RING AND THE MONITORING STATION HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY DELAY IN THE DISPATCH OF EMERGENCY RESPONDERS, OR ANY THE FAILURE OR REFUSAL OF EMERGENCY RESPONDERS TO SO DISPATCH TO YOUR REGISTERED ADDRESS, DUE TO ANY FAILURE BY YOU TO OBTAIN, MAINTAIN AND RENEW ANY REQUIRED PERMIT OR REGISTRATION FOR YOUR ALARM PRODUCT.
vi. Initial Test Status
AFTER YOUR ALARM PRODUCT HAS BEEN INSTALLED, OPERATIONAL, AND COMMUNICATING WITH THE MONITORING STATION, THE MONITORING STATION WILL, IF NOT PROHIBITED BY APPLICABLE MUNICIPAL, LOCAL OR STATE/PROVINCIAL LAW, CODE OR ORDINANCE, PLACE YOUR ACCOUNT INTO A SEVEN (7) DAY TEST STATUS, OR ANY INTERVAL FOR TEST STATUS OTHERWISE REQUIRED BY APPLICABLE MUNICIPAL, LOCAL OR STATE/PROVINCIAL LAW, CODE OR ORDINANCE (THE “INITIAL TEST PERIOD”). THE MONITORING SERVICE WILL BEGIN ONLY AFTER THE COMPLETION OF THE INITIAL TEST PERIOD. YOU THEREFORE UNDERSTAND THAT THE MONITORING STATION WILL NOT RESPOND OR DISPATCH ANY EMERGENCY RESPONDER TO ANY SIGNAL RECEIVED FROM YOUR ALARM PRODUCT BEFORE THE COMPLETION OF THE INITIAL TEST PERIOD, EVEN IF THE EVENT OF AN ACTUAL EMERGENCY. UNLESS PROHIBITED BY APPLICABLE MUNICIPAL, LOCAL OR STATE/PROVINCIAL LAW, CODE OR ORDINANCE, YOU WILL HAVE THE OPTION OF OPTING-OUT OF THE INITIAL TEST PERIOD AT ANYTIME BEFORE THE EXPIRATION OF THE INITIAL TEST PERIOD THROUGH THE ACCOUNT SETTING OPTIONS ON YOUR RING APP. YOU HEREBY AGREE TO RELEASE AND HOLD RING AND THE MONITORING STATION HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF THE MONITORING SERVICE DURING THE INITIAL TEST PERIOD. IF YOU HAVE AN ACTUAL EMERGENCY DURING THE INITIAL TEST PERIOD, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE
vii. How the Monitoring Service Works
The Monitoring Service consists of (a) continuously (i.e., 24 hours a day, seven days a week) monitoring the Alarm Product for purposes of receipt by the Monitoring Station of any listed signal codes from the Alarm Product, and (b) the notification of you, and/or your emergency contacts and/or emergency responders of the receipt of any such listed signal codes by the Monitoring Station, as provided for herein. Notification to you and your emergency contacts may be made by one or more means, to include: calls to the telephone numbers, emails to the email addresses and text messages to the wireless devices you provide Ring for yourself and your emergency contacts.
So that the Monitoring Service can be performed, you must provide Ring with all the information it and/or the Monitoring Station requests for you and your emergency contacts, and notify Ring immediately with any change to any of that information. You agree that any person that you have designated as an emergency contact is authorized to act on your behalf, and has the authority to verify or cancel a listed signal code received by the Monitoring Station prior to, or after, the notification of emergency responders. You understand and agree that Ring and the Monitoring Station will rely, and are entitled to rely, solely on the contact and other information you provide for yourself and your emergency contacts.
Upon receipt of a listed signal code from the Alarm Product, the Monitoring Station will make commercially reasonable efforts to notify you, your emergency contacts and/or emergency responders within a commercially reasonable period of time in accordance with your instructions, the policies and procedures of the Monitoring Station, and any applicable municipal, local or state/provincial law, code or ordinance. In the case of notification to you, if emergency responders have not already been notified by the Monitoring Station, and the response from you indicates notification to emergency responders is appropriate or required, the Monitoring Station will then make commercially reasonable efforts to notify emergency responders. In the case of notification to your emergency contacts, (a) if there is no response from such first contact, and the Monitoring Station has been provided a second contact by you, it will then make commercially reasonable efforts to notify such second contact, and (b) if emergency responders have not already been notified by the Monitoring Station, and the response from your first or second emergency contact indicates notification to emergency responders is appropriate or required, the Monitoring Station will then make commercially reasonable efforts to notify emergency responders (hereinafter the “Notification Protocol”). In the case of notification to your emergency contacts, the Notification Protocol shall be satisfied upon receipt by the Monitoring Station of verbal confirmation of notification from an emergency contact, or by leaving a message with such emergency contact on a telephone answering service, or any mechanical, electrical, electronic or other technology permitting the recording of voice or data communications. In the case of notification to emergency responders, the Notification Protocol shall be satisfied upon receipt by the Monitoring Station of verbal confirmation of notification to any person authorized to respond to such notification.
Ring and the Monitoring Station may be subject to applicable laws and industry standards designed to reduce false alarms, and these laws and standards may result in practices and procedures that delay either the notification of emergency responders, or other verification procedures in response to listed signal codes. To the fullest extent permitted by applicable law, codes and ordinances, you agree that the Monitoring Station may, in its reasonable discretion, and notwithstanding anything to the contrary herein, attempt to contact you and/or your emergency contacts to verify that a signal is not a false alarm before dispatching emergency responders. IF THE MONITORING STATION HAS REASON TO BELIEVE THAT NO EMERGENCY CONDITION EXISTS, IT MAY ELECT, IN ITS REASONABLE DISCRETION AND IF NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, CODES AND ORDINANCES, NOT TO DISPATCH EMERGENCY RESPONDERS AND/OR FOLLOW THE NOTIFICATION PROTOCOL.
If you experience a life/safety, property risk, fire, flood, burglary, robbery, medical issue or other emergency event, do not wait to be contacted by the Monitoring Station. Instead, if you are able to do so safely, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
viii. Changes to the Monitoring Service
Ring and the Monitoring Station may from time to time, in response to applicable law or otherwise, revise, replace, change, modify, discontinue or rescind certain policies or procedures relating to the Monitoring Service and the response to listed signal codes. Ring shall endeavor to provide you with notification pursuant to Section III hereof of any such revisions, replacements, changes, modifications, discontinuance or rescission within a commercially reasonable period of time either before or after they are effective.
ix. False Alarm
In the event a fine, penalty or fee is assessed against you or Ring or the Monitoring Station by any local government as a result of any false, excessive or other alarm condition or non-compliance with any local ordinance or standard intended to reduce false alarms not caused by the negligence or other wrongdoing of Ring or the Monitoring Station, you agree to be solely responsible for payment, and shall reimburse Ring and the Monitoring Station for any such fines, penalty or fees. To the fullest extent permitted by applicable law, you hereby expressly authorize Ring to charge the payment card associated with your Monitoring Service account the full amount of any such fine, penalty or fee. Please be warned that if your Alarm Product generates more than three (3) false alarm signals within a twenty-four (24) hour period, Ring and/or the Monitoring Station may, if not prohibited by applicable municipal, local or state/provincial law, code or ordinance, place your Alarm Product back in Initial Test Status, as defined above in Section vi., above. However, before placing the Alarm Product back in the Initial Test Status, Ring and/or the Monitoring Station will provide you with at least twenty-four (24) hours advance notification pursuant to Section III hereof.
*x. Changes to the System Elements *
PLEASE BE WARNED THAT IF YOU SWITCH OR CHANGE ANY OF YOUR SYSTEM ELEMENTS (AS DEFINED IN SECTION XI, BELOW), THIS MAY LEAVE YOUR ALARM PRODUCT UNABLE TO TRANSMIT SIGNALS TO THE MONITORING STATION AND, THEREFORE, THE MONITORING SERVICE WILL NOT WORK. It is your sole duty to assure that your System Elements are at all times compatible with your Alarm Product and Monitoring Service, and properly functioning.
*xi. Use of Communications *
To the fullest extent permitted by applicable law, you hereby consent to the Monitoring Station intercepting, recording, retrieving, reviewing, copying, disclosing and using, for purposes of providing the Monitoring Service, the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication to which you or your emergency contacts are parties.
xii. Force Majeure
The obligation to provide the Monitoring Services shall immediately terminate, without prior notice, in the event of any of the following: (i) the telephone lines, network or equipment, other communications equipment, software, or physical facilities of the Monitoring Station are destroyed, damaged, or inoperable for any reason whatsoever; or (ii) any war whether declared or undeclared, fire, flood, extreme weather, accident, explosion, act of terrorism, governmental orders, regulations, restrictions or priorities, strike, lockout or other labor troubles, or any other cause beyond the absolute control of the Monitoring Station for the duration of the interrupted service. Ring shall provide you with notice pursuant to Section III hereof of such termination as soon as commercially reasonable following any such Force Majeure event.
X. MONITORING SERVICE AFTER FREE TRIAL PERIOD.
YOU UNDERSTAND AND AGREE THAT IF YOU DO NOT ENTER INTO A PAID SUBSCRIPTION FOR THE MONITORING SERVICE BEFORE THE END OF YOUR FREE TRIAL PERIOD, THEN YOUR MONITORING SERVICE WILL STOP AT THE END OF YOUR FREE TRIAL PERIOD. YOU FURTHER UNDERSTAND THAT ONCE THE MONITORING SERVICE STOPS, YOUR ALARM PRODUCT WILL NO LONGER SEND ALARM SIGNALS TO THE MONITORING STATION FOR MONITORING SERVICES.
XI. BROADBAND INTERNET ACCESS/BACKUP WIRELESS DATA SERVICE.
The Alarm Services and Monitoring Service will not work or be accessible without: (i) a working wi-fi network at your Registered Address that is positioned to communicate reliably with your Alarm Product; (ii) an active, current and properly completed account with Ring; (iii) an enabled and supported wireless device; and (iv) always-on broadband internet access at your Registered Address with bandwidth sufficient to support your Alarm Product (collectively, the or your “System Elements”). It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with your Alarm Product. You acknowledge that the Alarm Services and Monitoring Service may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with your Alarm Product and Alarm Services. If Ring receives notice that you failed to maintain the required System Elements, Ring may, in its sole discretion, elect to terminate the Alarm Services or Monitoring Service in accordance with Section XIII hereof. Also, the Monitoring Service only includes a wireless data service that serves as backup during any outage of your broadband internet access (the “Back-Up Wireless Data Service”). For the Back-Up Wireless Data Service to work, your Registered Address must be located within the coverage area of the applicable carrier in North America for the Back-Up Wireless Data Service, and it is your sole responsibility to assure that your Registered Address is so located within the applicable service coverage area. Your Alarm Product may contain a SIM card. You agree not to use the SIM card except in your Alarm Product. Any violation of the restrictions on the use of the SIM card may, in Ring’s sole discretion, result in the termination of the Alarm Services or Monitoring Service in accordance with Section XIII hereof. In addition, if Ring detects unauthorized or excessive use of the Alarm Services or Monitoring Service or SIM card, you agree to reimburse Ring for all the data usage associated with the unauthorized or excessive use. You hereby expressly authorize Ring to charge the payment card associated with your account for all related unauthorized or excessive data charges. You understand and agree that neither Ring nor the Monitoring Station are responsible for the operation or non-operation of any of your System Elements or Back-Up Wireless Data Service. You acknowledge and agree that the System Elements and Back-Up Wireless Data Service are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of your Alarm Product to send listed signal codes to the Monitoring Station and, in such event, the Monitoring Service will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the Alarm Service being unreliable or unavailable for the duration of the Service Problem. Neither Ring, the Monitoring Station, nor any wireless data carrier is responsible or liable for any such Service Problems.
SPECIFICALLY, REGARDING THE BACK-UP WIRELESS DATA SERVICE, YOU ACKNOWLEDGE THAT BACK-UP WIRELESS DATA SERVICE IS MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORKS. THE BACK-UP WIRELESS DATA SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, WEAK BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF THE WIRELESS DATA CARRIER’S CONTROL SUCH AS, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; OR (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE. CARRIER PARTNER NETWORKS ARE MADE AVAILABLE AS-IS. RING AND THE WIRELESS DATA CARRIER MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED BY CARRIER PARTNERS AND WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF CARRIER PARTNER NETWORKS.
XII. DUTY TO PROPERLY INSTALL, TEST AND REPLACE BATTERIES FOR YOUR ALARM PRODUCT.
It is your responsibility to install your Alarm Product in strict accordance with the instructions and specifications in the [User and Installation Manual]. IF YOUR ALARM PRODUCT IS NOT PROPERLY INSTALLED, OR IF YOUR ALARM PRODUCT OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test your Alarm Product once installed, and then regularly test and maintain your Alarm Product after installation. Also, it is your responsibility to replace the batteries for your Alarm Product, when necessary. YOU UNDERSTAND AND AGREE THAT YOUR ALARM PRODUCT MAY NOT FUNCTION OR PROPERLY FUNCTION IF THE BATTERIES NEED REPLACEMENT OR SERVICE; PLEASE CHECK THEM REGULARLY.
XIII. THE CUSTOMER’S DEFAULT
If you fail to perform your obligations under this Agreement (monetary or non-monetary), Ring will have the right, in its sole discretion, to terminate the Monitoring Service or Alarm Services. If Ring elects to do so, it will first notify you pursuant to Section III hereof, of your obligation failures and Ring’s intention to terminate the Monitoring Service or Alarm Services (the “Notice of Intention to Terminate”). You will have seventy-two (72) hours from the date the Notice of Termination is first sent to you to fully cure your performance failures (the “Cure Period”), time being of the essence. If you fail to timely do so, Ring may then, in its sole discretion, terminate the Monitoring Service or Alarm Services at any time after providing you notification in accordance with Section III hereof (the “Termination Notice”). The termination of the Monitoring Service or Alarm Services will take effect within forty-eight (48) hours after the Termination Notice is first sent to you (the “Termination”). In the event of a Termination, and to the fullest extent permitted by applicable law, you agree to pay Ring, (a) all amounts then due, and (b) Ring’s reasonable collection costs, including attorneys’ fees and costs. In the event of a Termination of the Monitoring Service or Alarm Services, no Monitoring Service or Alarm Services will thereafter be provided. If Ring waives any default or performance failures, Ring is not waiving other defaults. Any waiver by Ring must be in writing, and may not be implied by its actions or inactions. To the fullest extent permitted by applicable law, in the event of a Termination, you hereby expressly authorize Ring to charge the payment card associated with your account the full amount then due and Ring’s reasonable collection costs, including attorneys’ fees and costs, if applicable. Further, Ring reserves the right to terminate the Monitoring Service or Alarm Services, with no further obligation to you (except payment for all amounts then due) in the event of: (i) excessive runaway and/or false signals, (ii) your failure to maintain a broadband internet access service, (iii) your wireless data usage being considered harmful or disruptive, or otherwise interfering with the wireless data carrier’s network or the ability to provide quality service to other customers, or (iv) the reasonable policies and procedures of the Monitoring Station (collectively, the “Other Termination Reasons”). If Ring elects to terminate the Monitoring Service or Alarm Services for Other Termination Reasons, it will provide notice pursuant to Section III hereof (the “Termination Notice”). The termination of the Monitoring Services or Alarm Services will take effect for the Other Termination Reasons within forty-eight (48) hours after the Termination Notice is first sent to you.
XIV. SUBCONTRACTING AND ASSIGNMENTS.
You cannot transfer or assign this Agreement without Ring’s consent; however, Ring can assign this Agreement or subcontract its obligations without your consent, including the Monitoring Service. If Ring does so, anyone to whom Ring assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.
XV. LIMITATIONS OF THE ALARM PRODUCTS
YOUR ALARM PRODUCT MAY NOT BE INTENDED OR DESIGNED FOR OUTSIDE USE, UNLESS EXPRESSLY SPECIFIED FOR OUTDOOR USE IN THE SPECIFICATIONS FOR YOUR ALARM PRODUCT. PLEASE BE SURE TO READ THE SPECIFICATIONS FOR YOUR ALARM PRODUCT BEFORE USING YOUR ALARM PRODUCT OUTDOORS.
XVI. NO THIRD-PARTY BENEFICIARIES
EXCEPT FOR THE MONITORING STATION, SUBCONTRACTORS AND ASSIGNEES AS PROVIDED FOR OR PERMITTED IN THIS AGREEMENT, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. For Canadian residents only: In addition to its own benefits and rights under this Agreement, Ring holds the benefits and rights of the applicable provisions of this Agreement as trustee and agent for and on behalf of the Monitoring Station and Ring’s subcontractors, and you acknowledge and agree that Ring may enforce those benefits and rights on behalf of the Monitoring Station and/or such subcontractors.
XVII. MALWARE VULNERABILITY NOTICE AND WAIVER
Equipment that relies on wireless or internet connections or are connected to a network of any kind (such as security systems, communications equipment, cameras, wireless radios, access control, cloud storage, NAS storage, DVRs, NVR and other kinds of networkable security and other devices) may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to arm or disarm your system or related equipment; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk. RING MAKES NO WARRANTY OR REPRESENTATION THAT THE ALARM PRODUCTS, ALARM SERVICES OR MONITORING SERVICE IS SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. Ring assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold Ring harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of contract or negligence of any kind or degree of Ring (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the LIMITATION OF RING’S LIABILITY in Section IV hereof shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.
XVIII. SMART DEVICE STANDARDS/THIRD PARTY DEVICES.
Your Alarm Product may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by Ring, including Z-Wave, Zigbee HA, Wi-Fi, Bluetooth, and IP devices. HOWEVER, SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) MAY NOT WORK WITH YOUR ALARM PRODUCT OR THE ALARM SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION.
RING IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD RING HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES WITH YOUR ALARM PRODUCT OR ALARM SERVICES. FURTHER, RING MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK WITH YOUR ALARM PRODUCT OR THE ALARM SERVICES, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE. In addition, you agree Ring may terminate the Monitoring Service or Alarm Services pursuant to Section XIII hereof if Ring, in its sole discretion, believes the operation of any Third-Party Device causes or may cause an issue to your Alarm Product, the Alarm Services, the Monitoring Service or with Ring’s liability to you or others.
XIX. SMOKE ALARM AND CARBON MONOXIDE DETECTORS.
RING MAKES NO WARRANTY OR REPRESENTATION THAT ANY SMOKE ALARM OR CARBON MONOXIDE DETECTOR SOLD BY RING CONSTITUTES A FIRE ALARM SYSTEM OR MEETS THE REQUIREMENTS OF ANY STATE/PROVINCIAL OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD, SUCH AS NFPA 72. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY APPLICABLE STATE/PROVINCIAL OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD THAT MAY APPLY TO THE INSTALLATION, USE AND SERVICE OF ANY SMOKE ALARM AND CARBON MONOXIDE DETECTOR SOLD BY RING. SMOKE ALARMS ARE NOT TO REMAIN IN SERVICE LONGER THAN TEN (1O) YEARS FROM THE DATE OF MANUFACTURE AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU MUST REPLACE SMOKE ALARMS EVERY TEN (10) YEARS AT A MINIMUM, AND SOONER AS NEEDED. IF A SMOKE ALARM FAILS TO PROPERLY OPERATE DURING ANY TEST AT ANY TIME, YOU MUST STOP USING THE SMOKE ALARM AND REPLACE IT IMMEDIATELY.
XX. FOR USE AT A CURRENT REGISTERED RESIDENTIAL ADDRESS ONLY.
THE ALARM PRODUCTS AND ALARM SERVICES ARE INTENDED FOR USE ONLY AT YOUR REGISTERED ADDRESS. THE ALARM PRODUCTS AND ALARM SERVICES MAY NOT FUNCTION, OR PROPERLY FUNCTION, IF ANY OF THE ALARM PRODUCTS ARE INSTALLED OR ANY OF THE ALARM SERVICES ARE USED AT ANY LOCATION OTHER THAN THE REGISTERED ADDRESS. YOU HEREBY AGREE NOT TO INSTALL OR USE YOUR ALARM PRODUCTS OR ALARM SERVICES AT ANY LOCATION OTHER THAN THE REGISTERED ADDRESS, AND NEVER TO INSTALL OR USE ALARM PRODUCTS OR ALARM SERVICES AT A COMMERCIAL BUILDING, PLACE OF BUSINESS OR MULTI-FAMILY DWELLING. YOU HEREBY RELEASE AND HOLD RING HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ALARM PRODUCTS OR ALARM SERVICES AT A LOCATION OTHER THAN YOUR REGISTERED ADDRESS, OR YOUR USE OF ALARM PRODUCTS OR ALARM SERVICES AT A COMMERCIAL BUILDING, PLACE OF BUSINESS OR MULTI-FAMILY DWELLING.
XXI. RING CUSTOMER SERVICE AND SUPPORT.
You understand and agree that any customer service and any customer care and support offered or provided by Ring is not a Monitoring Service, a 911 service or dispatch center, or an emergency service provider or dispatch service. PLEASE DO NOT CONTACT RING CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY RING WITH ANY LIFE/SAFETY, PROPERTY RISK, FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL ISSUES OR OTHER EMERGENCIES. IF YOU HAVE ANY SUCH EMERGENCY. YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.
XXII. STATE LICENSURE/ADDRESS AND PHONE NUMBER FOR RING
The following is a list of licenses maintained by Ring, along with Ring’s address and telephone number in the event you need to contact Ring:
Ring Protect Inc., 1523 26th Street, Santa Monica, CA 90404, Phone: 1-800-656-1918
State License: AL: 17-001835; AR: 2657; DE: 17-270; DC: 602517000011; FL: EF20000578; GA: LVU405565; IL: 127.001707 & 124.001917; LA: F236; MI: 8002000032; MS: 15032034; NY-licensed by the N.Y.S. Department of State -12000327271; NC: 521-CSA Licensed by the Alarm Systems Licensing Board of the State of North Carolina; OK: AC440654; OR: 78479; RI: 5844B; SC: 13770; TN: 1336; UT: 1047978-6501, VA: 11-15770; WA: RINGPPI830PE