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TERMS OF SALE

Last updated: 02/15/25
AMS Security Terms of SaleONLINE Terms Last updated:   February 2025 Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “System”) from AMS Security, LLC. ("AMS Security") and set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those contained in our product warranties. These are the Terms of Sale under which we are willing to provide you with the System and requires the use of binding arbitration to resolve disputes rather than jury trials or class actions (described in detail below). Please be certain you understand them. By clicking the “Submit” button below or otherwise purchasing the System or using the System, you agree that you have read these Terms of Sale and are legally bound by these Terms of Sale, including the disclaimers, limitations of liability and indemnity obligations below. You may print these Terms of Sale by clicking the print button on your Internet browser.  You further acknowledge that these online terms are the Complete Terms of Sale.  These Complete Terms of Sale include provisions relating to U.S. and End User sales only, payment methods, prices, sales tax, gift cards and promotions, shipping, services including monitoring services, software license and use of the camera and installation of detectors, etc which may not be included in any additional print terms of sale. U.S. Sales Only Purchases from AMS Security are available only in the United States. You agree not to use or attempt to use any AMS Security product or service from outside of the United States or for any illegal or unlawful purpose.  You also agree not to transfer or otherwise provide any AMS Security product [or System components] to any third party for use outside of the United States. To the extent permitted under applicable law, any sale, offer of sale, transfer or attempted transfer of any AMS Security product or System components to a third party outside the U.S. relieves AMS Security of any obligations under these terms and makes you the seller or transferer liable for those obligations at AMS Security’s sole discretion. Sales to End Users Only Purchases made through the AMS Security website are for end user customers only. To the extent permitted by applicable laws, any offers of transfers, transfers, offers of sale, sales or resales to dealers, resellers or distributors or any other third-party anywhere in the world are prohibited and invalidate the Limited Warranty described hereinafter. This Limited Warranty shall also only apply to sales made to end user customers directly from AMS Security. Payment Methods AMS Security accepts credit cards, debit cards and ACH drafts as forms of payment. If a credit card is being used for a transaction, AMS Security may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or when the order is installed. AMS Security accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Processing fees are waived for ACH draft payment method. We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order. Prices Your total price will include the price of the products in your order plus the cost of installation, less any discounts offered. AMS Security reserves the right to change prices for products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price. Promotions From time to time, AMS Security may offer discounts or coupon codes and/or other offers for free or discounted products or services for promotional purposes (“Promo Offers”).  To the extent permissible under applicable laws, the following rules apply to any such Promo Offers made by AMS Security such as through our website or through any other direct to consumer communication.  Terms and conditions for each Promo Offer may vary, but unless expressly stated otherwise, the following terms will be deemed to apply, with any conflicts being governed by the terms specified in the Promo Offer. • Promo Offers can only be redeemed on purchases made directly from AMS Security, such as through our website. • Promo Offers may not be combined, are non-transferrable, and have no cash value.  Promo Offers cannot be sold or otherwise bartered, are limited one per registered household, and are void where prohibited. • Customers who redeem a Promo Offer shall be responsible for any applicable taxes or fees associated with the corresponding Promo Offer Sale. • Promo Offers are for a limited time only, subject to any express expiration date and/or supply availability limitations.  If no expiration date is provided, the Promo Offer will be deemed to expire from the earlier of (1) when the Promo Offer is terminated or otherwise removed by AMS Security or (2) after six (6) months from date the Promo Offer was first communicated to the end user recipient.  Promo Offers do not apply to prior sales or orders.  To the extent permitted under applicable law, Promo Offers may be discontinued at any time at AMS Security’s sole discretion. • AMS Security’s standard Terms of Sale and Terms of Use similarly apply with respect to any Promo Offer Sales.  • All Promo Offer Sales are subject to product and service availability. • AMS Security reserves the right not to accept orders (involving a Promo Offer or not) where, AMS Security has any reason to suspect that any part of said order involves fraudulent activity. • Subject to any other applicable terms and conditions mentioned herein, in the event any item included in a  Promo Offer Sales order is returned AMS Security may at its sole discretion determine that such partial returns are only qualified for replacements.  Where AMS Security decides to issue a refund, the amount refunded will not exceed the price paid for that item(s) under the applied Promo Offer. • Promo Offer terms may vary by product or service. Limited Warranty AMS Security warrants to you, the initial purchaser of the System from AMS Security that each of the AMS Security burglary alarm and monitored products you purchase directly from AMS Security that make up your AMS Security System (“Covered Products”, whether new or refurbished) will be free from defects in materials and workmanship under normal use and service with this limited hardware warranty for the lifetime of the account if it remains active with no interruption. Upgraded options for systems are always available on completion of any existing monitoring agreement with signing of new monitoring agreement, the value of upgrade determined by length of agreement. This limited hardware warranty is, with your consent, transferable to a new person acting as account owner upon signing of a new monitoring agreement. As a condition of this warranty, AMS Security may require that you provide proof of purchase during the warranty period and/or return the defective Covered Product. If AMS Security requires the return of the defective Covered Product, return shipping costs will be paid for by AMS Security. AMS Security may also offer additional hardware or subscription related product protection plans that are supplemental to this original limited hardware warranty. Unless specified otherwise, these supplemental programs would not go into effect until after the original limited hardware warranty expires; and where programs run concurrently, this initial limited hardware warranty would take precedence over any other programs during the initial limited hardware warranty period. Within this and any other warranty protection periods, AMS Security’s sole obligations shall be limited to accepting return of the defective product or part of the Covered Product and providing one or more of the following remedies, to be determined at AMS Security’s sole discretion: • Replacement of Covered Products: AMS Security may provide you with a substantially functional equivalent product or part to replace the defective item. Replacement products provided under this Limited Warranty may be new, repaired or reconditioned, at the sole option of AMS Security. AMS Security warrants any replacement products for an account lifetime warranty except whereas: Physical or water damage to main control consoles, repeated electrical faults not generated from the alarm system equipment, non-compliant installation location (main control console in non-temperature controlled environments), and for individual purchaser's who's accounts are no longer monitored unless they have purchased the warranty separately. Additionally, in regards to the main control console of a burglary alarm or monitored system, if a Covered Product has been discontinued and/or the substantially functional equivalent available replacement product or part to be offered at reduced or no cost in exchange for an extended monitoring agreement. Some replacement control consoles in connection with this warranty may no longer be compatible with your System, at AMS Security’s sole discretion, AMS Security may offer you additional substantially functional equivalent replacement product(s) to address the compatibility issue. You understand and agree that this offer to replace other System components to address compatibility issues shall fully satisfy AMS Security’s remedy under this or any other applicable product warranty (to the extent this does not contradict or conflict with the terms thereof). If rejected, you will be deemed to have waived any other rights or remedies under this Limited Warranty. • Refund or Credit: At AMS Security’s sole option and discretion, in lieu of replacing the defective Covered Product, AMS Security may instead offer to refund the original purchase price you paid to AMS Security for the Covered Product. If the defective Covered Product does not have a separate purchase price, AMS Security shall determine a purchase price based upon the overall purchase price of any system that the defective Covered Product may have been a part of.  Such determination shall be solely within AMS Security’s discretion.  Subject to availability, and at AMS Security’s sole option and discretion, instead of refund you may select a credit of equal or greater value than the aforementioned refund value (to be determined by AMS Security), which may be applied toward other AMS Security products or services (to be determined by AMS Security). For the avoidance of doubt, if offered, the credit remedy option would be offered as an alternative to the refund remedy option, presented for your selection of one or the other. This refund or credit remedy option shall only be made available at AMS Security’s sole discretion and option. For warranty service, please contact AMS Security Customer Support at support@amssecured.com or visit www.amssecured.com/support and click on “Contact Us”. If AMS Security is unable to address the issue that you are facing, AMS Security will, subject solely to its discretion, determine the appropriate warranty remedy or warranty remedy option, as listed above.  As explained above, AMS Security may, at its discretion, require you return the Covered Product before AMS Security determines which warranty remedy option to provide.  In this situation, AMS Security will provide you with a prepaid return slip for you to return your old product or part to AMS Security.  In the event that AMS Security opts to send you a replacement product or part, as a remedy under this Limited Warranty and does not require prior return of such product or part as part of the warranty validation process, such replacement product or part may at AMS Security’s discretion still be shipped along with a postage prepaid return slip, and you will return your old product or part to AMS Security using such slip. Failure to return your old product or part in this instance may void any limited warranty on your replacement product or part, to be determined at AMS Security’s sole discretion. This Limited Warranty does not apply in the following cases: misuse (which includes, without limitation, using products outdoors unless outdoor use is expressly permitted, and in such cases only as directed, and/or use in improper temperature, humidity or other environmental conditions), alteration, abuse, accident or tampering, or damage or non-performance resulting from use of any item or repair services not provided by AMS Security, as well as where your System or any component thereof is obtained from a third party other than AMS Security.  This Limited Warranty also does not apply if damage was caused by Acts of God, natural disasters, labor disputes, war, terrorism, civil strife, or other causes beyond AMS Security’s control (including but not limited to changes impacting the performance, operation or sustainability of third-party communications and technology platforms, networks and protocols). Consumable parts, such as batteries or battery replacement, and adhesive tapes are excluded from this Limited Warranty. Products that are tested and found to be in good working condition (not defective) are not covered by this Limited Warranty. Additional warranties or product protection plans may be offered if you purchase AMS Security products through an authorized retailer.  These ancillary warranties are not provided by AMS Security and you should contact the authorized retailer from where you made your purchase to understand the terms of their offer and any protections. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. AMS Security DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AMS Security LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY DESCRIBED ABOVE OR THE SHORTEST PERIOD ALLOWED BY LAW. IN NO CASE SHALL AMS Security OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES (EACH, A “AMS Security PARTY” AND COLLECTIVELY, THE "AMS Security PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS LIMITED WARRANTY OR ANY OTHER WARRANTIES WHATSOEVER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. AMS Security does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection.  You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera, Smart Lock, or other peripheral AMS Security System component). Furthermore, the AMS Security Smart Lock is not an ANSI or BHMA certified door lock or deadbolt, and it must be correctly installed and used with a certified door lock that is operating in good condition; and used in environmental conditions that fall within the AMS Security Smart Lock specifications specified below (or in the corresponding user manual, which shall control in the event of any discrepancy). You assume all risk associated with the suitability, installation and performance of the door lock and other third-party components, hardware, software and services that you select. CONSEQUENTLY, NO AMS Security PARTY, AS DEFINED ABOVE, SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM THE SYSTEM FAILED TO GIVE WARNING. HOWEVER, IF ANY AMS Security PARTY, AS DEFINED ABOVE, IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS LIMITED WARRANTY OR OTHERWISE, THE AGGREGATE LIABILITY OF ALL AMS Security PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE AMS Security PARTIES, AS DEFINED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE SYSTEM TO GIVE WARNING. THIS AGREED-UPON AMOUNT (THE PURCHASE PRICE OF THE SYSTEM) IS NOT A PENALTY, AND IS THE SOLE REMEDY.By purchasing from AMS Security, you acknowledge that you have had an opportunity to review AMS Security's warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers.  Satisfaction Guarantee Unless specified otherwise, any satisfaction guarantee or money back guarantee offers are made on an item by item basis (whether the items is purchased alone or as part of a larger order).  The term for any satisfaction guarantee is limited and the start date for any such guarantee is the date of delivery of that specific item for items ordered directly from AMS Security, or the purchase date for any items purchased from an authorized retailer.  Unless specified otherwise, the time frame for any satisfaction guarantee is 60 days.To the extent permissibly by law, Satisfaction Guarantees only apply to initial purchaser, purchasing directly from AMS Security or through an authorized retailer, and are non-transferable.  As a condition of this guarantee, AMS Security may require that the customer produce proof of purchase to confirm the purchase date. Critical Product, Component and Software Updates & Replacements If, at the Company’s sole and reasonable discretion, certain critical Product, component and/or Software updates or replacements are needed to maintain reliable performance of your system or any components thereof during your ownership of your System, and the Company makes corresponding hardware or software updates available (collectively, “Critical Updates & Replacements), upon notice the Customer agrees to take reasonable steps and follow provided instructions to effectuate such Critical Updates & Replacements, and to cooperate as reasonably requested to help schedule, coordinate or arrange for such Critical Updates & Replacements to be installed, delivered or implemented.  Such Critical Updates & Replacements can include updated labeling, replacements of batteries, replacement of wifi or cellular modules, and even replacements of discontinued products. By purchasing a System or component parts from AMS Security, you acknowledge you will make all reasonable efforts to support these necessary updates and that AMS Security has met its obligations to you by making these updates reasonably available. Subscription Services Neither camera only services nor monitoring services will not be provided in connection with your purchase of the System unless you activate such services online through AMS Security.com, AMS Security app, or by calling AMS Security Customer Support. Monitoring Services are provided in accordance with AMS Security’s  Terms of Service which can be found in your monitoring agreement. To obtain a copy of your agreement if you no longer have the original, contact us. You understand that AMS Security may contact you by phone, email, SMS/text, or mail to assist you if you appear to need help setting up your System or signing up for any services that you may have included in your purchase. You understand and acknowledge that monitoring services, including cellular back up features, requires an active subscription. Failure to maintain your subscription will result in your paid subscription being terminated which also includes all monitoring related services, in particular the ability for our Monitoring Staff to monitoring and support your System. Such termination of subscription services may be effective immediately upon termination of your subscription. Your System may still function as a local home alarm with some limited online (App and/or web portal) system controls and connectivity. Services Provided Without Monitoring Subscription If you activate service offerings made available in connection with a System that do not require a monitoring subscription (such as motion-detected alerts, cloud-based video recording and storage and video streaming services which may be made available, from time to time, in connection with a AMS Security security camera without a monitoring subscription) such services shall be provided in accordance with the Terms of Service that are applicable to such services which can be obtained from your original monitoring agreement. To obtain another copy, contact us. For the avoidance of doubt, such services will not be provided unless or until you activate them online through the AMS Security.com or by AMS Security Customer Support support@amssecured.com INSURANCE THE PRICE OF THE SYSTEM IS UNRELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES AT WHICH THE SYSTEM IS LOCATED. NO PORTION OF THE PURCHASE PRICE IS FOR INSURANCE OR SHALL BE DEEMED OR CONSIDERED INSURANCE PREMIUMS. YOU ACKNOWLEDGE AND AGREE THAT AMS Security IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED ABOVE. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED ABOVE, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, FOR COVERAGE AGAINST ALL LOSSES, AS DEFINED ABOVE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, (IV) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (V) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VI) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VII) PRODUCT OR STRICT LIABILITY (VIII) LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY AMS Security PARTY, AS DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS DEFINED ABOVE, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.LIMITATIONS OF LIABILITY AND RELEASE AMS Security does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in AMS Security's Limited Warranty. In particular, as described in AMS Security's Limited Warranty, AMS Security does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection.  You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera). You understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or other events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result. BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH AMS Security PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO CIRCUMSTANCES WILL ANY AMS Security PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF A AMS Security PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL AMS Security PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL AMS Security PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Release of Insured Losses; Waiver of Subrogation You release all AMS Security Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against any AMS Security Party for money paid to you or on your behalf. INDEMNIFICATION IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY AMS Security PARTY, AS DEFINED ABOVE, TO PAY FOR ANY LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, YOU SHALL INDEMNIFY, DEFEND AND HOLD EACH AMS Security PARTY, AS DEFINED ABOVE, HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES. THE DUTY TO DEFEND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST AMS Security AND DOES SO REGARDLESS OF WHETHER AMS Security HAS BEEN FOUND LIABLE OR WHETHER AMS Security HAS INCURRED ANY EXPENSE. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU. Software Software embedded within any AMS Security System is licensed to you under this section on a non-exclusive and limited basis, and not sold. You may use such software only in connection with the product in which it is embedded, and may not modify, distribute, copy or reverse engineer such software. Such software may contain, include, or be provided together with third-party software components, including software made available under an “open source” or similar licenses (“Third-Party Components”). Copyrights to the open source software are held by the respective copyright holders indicated. To the extent required by the license covering any Third-Party Component, the terms of such license will apply to such Third-Party Component instead of the terms of this Agreement. To the extent the license applicable to any Third-Party Component prohibits any of the restrictions herein with respect to such Third-Party Component, such restrictions will not apply to such Third-Party Component. Camera If the System includes any camera or any other video-related equipment (collectively, the “Camera”), then with respect to the Camera, you acknowledge, understand and agree that (i) the Camera is intended to assist you, AMS Security and the monitoring facility in the verification of alarm events at your premises, not to reduce or eliminate any risk of loss, (ii) the Camera is not intended to detect or prevent unauthorized intrusion onto the premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage, (iii) you will use the Camera solely in connection with lawful recording practices on or near your Premises that at all times comply with the Terms of Service which can be found in your original monitoring agreement (Contact us to obtain a copy), and no other purpose, (iv) you shall not use the Camera, or permit the use of the Camera, for any illegal or unlawful purpose, (v) you shall not use or permit the use of a Camera installed with a view where any person may have a reasonable expectation of privacy, including bedrooms, restrooms, dressing or changing areas, locker rooms or similar areas, (vi) you shall instruct all persons who may use the Camera of any limitations with respect to the Camera, (vii) you shall notify any person whose oral communication may be intercepted, recorded or transmitted by the Camera of any such interception, recording or transmission, and (viii) when and to the extent restricted or otherwise prohibited by applicable laws, YOU SHALL NOT INTERCEPT, RECORD OR TRANSMIT ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON’S PERMISSION TO DO SO.   Please refer to the AMS Security Privacy Policy at www.amssecured.com/privacypolicy for important information regarding the recording of audio or video. Other Terms and Conditions You understand and agree that sales made by AMS Security shall be subject to these Terms of Sale, notwithstanding that the ultimate sale may have been made by authorized distributors, resellers. Moreover, the initial sales made to you by such AMS Security-authorized distributors, resellers or retailers shall be deemed an “initial sale” for the purpose of the Limited Warranty specified herein, and as such the Limited Warranty specified herein shall similarly apply to products sold to you in this manner. You understand that certain monitoring services offered by AMS Security include System hardware component requirements and proper set up and placement of System components to provide desired functionality, in addition to proper connectivity and account maintenance.  You understand that it is your responsibility as owner of the System, general maintenance and connectivity requirements are met at your premises for proper functionality and to stay in compliance with any and all applicable state and federal laws and regulations. AMS Security will not be liable for any failure to discharge its obligations under the Terms of Sale due to strikes, accidents, fires, or shutdowns of its manufacturing plant or plants supplying it or other contingencies beyond the control of AMS Security, including those arising out of or in connection with, due to, or caused in whole or in part by emergency conditions. All claims, actions or proceedings against AMS Security must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly. Unless otherwise expressly provided herein, (i) all notices required to be given to AMS Security shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to AMS Security’s then current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address Subscriber provided to AMS Security. Should any provision of the Terms of Sale (or portion of the Terms of Sale), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and the Terms of Sale, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. When used in these Terms of Sale, the word “including” shall mean “including, but not limited to.” AMS Security PO Box 188 Bonne Terre, Mo 63628 Attn: Legal OR Contact us by submitting this form.