Terms & Conditions | Boise Medical Alert With GPS Tracking for Seniors

Refund Policy

Your service with Watchdog 911 is month to month. We do not offer refunds. You may cancel your service any time without penalty.

Consumer Disclosure & Consent to Electronic Communications

You authorize WATCHDOG to collect your IoT emergency response pendant device location from third parties including wireless carriers and to use it to provide assistance services to you. WATCHDOG will share your location with individuals you authorize as well as first responders and call centers in order to provide you with assistance, including showing your location in near-real time in a web portal or application.

Your consent will be valid for the duration of your relationship with us unless you revoke it. You may revoke your consent by calling 208-401-6440. If you do not consent or you revoke consent, we may be unable to provide you with assistance.

Please see our privacy policy (https://www.watchdog911.com/privacy-policy/) for information about how we store and protect your data.

1. DISCLOSURE. Federal law [Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001-7031] permits YOU to agree to the receipt of and access to 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 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.

2. 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 WATCHDOG 911 (hereinafter referred to as “WATCHDOG” 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 WATCHDOG as a 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 WATCHDOG of any changes to YOUR email address, and agree to keep it up to date by writing to WATCHDOG at pers@watchdog911.com or to: 730 W. Ustick Road, Suite 130, Meridian, ID 83646.

3. PAPER COPIES OF ELECTRONIC COMMUNICATIONS. YOU agree that WATCHDOG 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 WATCHDOG. YOU acknowledge WATCHDOG 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 WATCHDOG by mail: 730 W. Ustick Road, Suite 130, Meridian, ID 83646.

4. REVOCATION OF CONSENT TO ELECTRONIC COMMUNICATIONS. YOU have the right to withdraw YOUR consent to receive Electronic Communications from WATCHDOG at any time. YOU acknowledge that WATCHDOG 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 WATCHDOG by mail: 730 W. Ustick Road, Suite 130, Meridian, ID 83646.

5. SYSTEM REQUIREMENTS. In order to receive Electronic Communications from WATCHDOG YOU must have a system that meets the following requirements:
to the extent required by law, WATCHDOG shall notify YOU of any change made in the hardware or software requirements needed to access or participate in any electronic communication with WATCHDOG, and YOU agree to re-consent electronically in any manner that reasonably demonstrates YOUR ability to access Electronic Communications.

6. RIGHT TO MODIFY TERMS. WATCHDOG 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 WATCHDOG shall notify YOU of any modification to the Consumer Disclosure and Consent to Electronic Communications or the termination of its relationship with YOU.

Standard Personal Emergency Response Lease

1. PERSONAL EMERGENCY RESPONSE SYSTEM REMAINS PERSONAL PROPERTY: PERSONAL EMERGENCY RESPONSE SYSTEM [PERS] IS LEASED AND REMAINS PERSONAL PROPERTY OF ALARM WATCHDOG: WATCHDOG shall lease a PERS System, including all necessary devices and equipment, for the duration of this agreement, with the understanding that the entire system is and shall always remain the sole personal property of WATCHDOG and shall not be considered a fixture or a part of the realty, or an addition to, alternation, 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 WATCHDOG. The PERS System may be in the form of a software program also known as an “APP” used on Subscriber’s owned smart phone or an internet connected hardware device.

2. SCHEDULE OF EQUIPMENT/SERVICES:

❑Check here if Service Includes GPS Monitoring (Not available with base unit with transmitter):

INSTALLATION: ❑ WATCHDOG to install PERS System ❑PERS System to be installed by Subscriber

COMMUNICIATION PATHWAY: ❑Standard Telephone Lines ❑Cellular ❑High Speed Internet

EQUIPMENT: ❑ Base Unit with Transmitter ❑ Pendant ❑ Watch
❑ APP on Customer Provided Internet Connected Device (Smart phone)
3. CANCELLATION AND REFUND POLICY: If Subscriber cancels this agreement pursuant to any statutory authority, WATCHDOG will, within 10 days or within such time as such statute specifies, upon such cancellation and return of equipment if provided by WATCHDOG, and or the removal of any provided software, refund to Subscriber any amount paid for the equipment and any advance payment for services not yet rendered.

4. LEASE AND OTHER CHARGES: Subscriber agrees to pay WATCHDOG:
a) LEASE: $____ _ for leasing the PERS System, which may include but is not limited to some or all of the following, Software, GPS enabled communication device, charger, base unit with transmitter, connection communication wire and remote devices, and accessories selected above. If PERS System to be installed by Subscriber then PERS System will be shipped point of sale FOB and price excludes shipping, handling and sales tax, if any. Agreed Value of Equipment: $_____

b) MONITORING: The sum of $ per month, payable in advance for monitoring service of the PERS System for the term of this agreement commencing on the first day of the month next succeeding the date hereof, and continuing monthly thereafter, all payments being due on the first of the month.

c) EXTENDED WARRANTY OPTION: Subscriber agrees to pay WATCHDOG the sum of $5.00 plus tax, per month, payable monthly in advance to extend the Limited Warranty in this Agreement on PERS devices provided by WATCHDOG for so long as Subscriber continues to pay Monitoring and Extended Warranty charges.

5. TERM OF AGREEMENT/RENEWALS: The term of this agreement shall be for a period of three years. This agreement shall renew itself month to month thereafter under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term. Buyer acknowledges that this agreement does NOT contain an early termination clause applicable to MILITARY PERSONNEL. _____ (Buyer Initial) [This provision is required in Oklahoma.]

6. INCREASES OF MONTHLY CHARGE: WATCHDOG shall be permitted to increase the charges provided for herein at any time or times after the expiration of one year from the date hereof by up to nine percent per annum each year upon giving notice to Subscriber and Subscriber agrees to pay such increases.

7. WIRELESS CAPABILITIES / EXCESSIVE DATA USAGE: PERS Systems communicate by communication pathways which are not owned by WATCHDOG. WATCHDOG does not provide cellular or Internet service, maintain Internet connection, wireless access or other communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server except WATCHDOG may own its own radio pathway and remote servers, through which data passes and may be stored. In consideration of Subscriber making its monthly payments for remote access to the system and any remote servers maintained by WATCHDOG or others, WATCHDOG will authorize Subscriber access. WATCHDOG 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 PERS system can be compromised if the codes or devices used for access are lost or accessed by others and WATCHDOG shall have no liability for such unauthorized access. WATCHDOG 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. Electronic data may not be encrypted and wireless components of the PERS System may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology or any other established criteria for encryption and WATCHDOG shall have no liability for access to the PERS System by others by hacking or otherwise. WATCHDOG 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. If Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service. WATCHDOG shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein.

8. GPS MONITORING / MOBILE TRACKING: If GPS tracking is included in WATCHDOG’S services Subscriber will download the WATCHDOG’s APP to Subscriber’s GPS enabled cellular device which software enables WATCHDOG to monitor the location of Subscriber’s cellular device via the cellular network selected by Subscriber for the duration of this agreement. WATCHDOG is licensed to monitor the APP by the APP Manufacturer. Mobile Tracking is designed to track individuals who will have on their person the Mobile Tracking Device or Internet connected device with software tracking APP. The device will work only within the 50 United States, in areas where mobile tracking has coverage and WATCHDOG has no control over such coverage. Mobile Device or APP may not be able to be tracked with exact precision; only ground level locations can be determined; WATCHDOG cannot determine locations within a building or any structure. WATCHDOG will have no liability for inability to report exact location at any particular time, but WATCHDOG will use its best efforts to report all available tracking information. WATCHDOG is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. Subscriber is responsible for all permits and permit fees that may be required, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse WATCHDOG for any fees or fines relating to permits or the services provided. WATCHDOG shall monitor tracking signals and communications received from the tracking device, or software APP. Upon Subscriber’s activation of the device or Software APP, WATCHDOG shall make every reasonable effort to locate the tracking device and if appropriate notify the police, fire, medical EMT, or other municipal authority deemed appropriate in WATCHDOG ’s absolute discretion, and such other persons Subscriber has requested receive notification of such location on Subscriber’s Call List. Subscriber agrees to furnish WATCHDOG with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of emergency conditions together with a list of all medication, allergies and medical conditions Subscriber wishes to be available to all responding PERS personnel and medical personnel. All changes and revisions shall be provided to WATCHDOG in writing. All notifications by WATCHDOG or its designated communication center shall be by telephonic communication and WATCHDOG or its designated communication center shall be deemed to satisfy its monitoring response service by reaching the first agency or person designated on the Call List. Unless otherwise provided in the Call List WATCHDOG will make a reasonable effort to contact a person listed on the call list. A person on the list shall be deemed reached when contacted either via telephone call, text, email message, or voice mail. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a voice message, shall be deemed reasonable compliance with WATCHDOG’s notification obligation.

9. PERS SYSTEM CENTRAL STATION MONITORING: Upon receipt of a signal, WATCHDOG or its designated central station shall make every reasonable effort to notify the appropriate municipal police, fire, medical, EMT, emergency personal response service or person designated by Subscriber in Subscriber’s Call List to receive notification. Subscriber acknowledges that signals which are transmitted over cellular networks, telephone lines, internet, VOIP, or other modes of communication pass through communication networks which are beyond the control of WATCHDOG and are not maintained by WATCHDOG, except WATCHDOG may own the radio network, and therefore WATCHDOG shall not be responsible for any equipment failure which prevents transmission signals from reaching the central station monitoring center or damages arising as a result thereof, or for data corruption, theft or viruses to Subscriber’s computers if connected to the PERS System communication equipment.

SUBSCRIBER ACKNOWLEDGES THAT WATCHDOG PROVIDES NO RESPONSE TO A PERS SYSTEM SIGNAL OTHER THAN NOTIFICATION TO THE APPROPRIATE PARTY, AND THAT THE PROVISIONS OF THIS AGREEMENT EXCULPATING AND LIMITING WATCHDOG’S LIABILITY ARE FULLY APPLICABLE TO THE PERS SYSTEM SERVICE.

10. LIMITED WARRANTY: In the event that any part of the PERS System becomes defective, or in the event that any repairs are required, WATCHDOG agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of One Year from the date of installation or commencement of services or during the Extended Warranty period if Subscriber has selected that coverage. WATCHDOG reserves the option to either replace or repair the PERS 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. WATCHDOG is not the manufacturer of the equipment and other than WATCHDOG’s limited warranty 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, WATCHDOG makes no express warranties as to any matter whatsoever, including but not limited to, the condition of the equipment, its merchantability, or its fitness for any particular purpose and WATCHDOG shall not be liable for consequential damages. WATCHDOG does not represent nor warrant that the PERS may not be compromised or circumvented, or that the system will prevent any loss; or that the system will in all cases provide the protection for which it is designed. WATCHDOG 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 WATCHDOG. WATCHDOG shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by WATCHDOG shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on WATCHDOG’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 WATCHDOG has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber’s exclusive remedy for WATCHDOG’s breach of this agreement or negligence to any degree under this agreement is to require WATCHDOG to repair or replace, at WATCHDOG’s option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to the Extended Warranty Option if selected by Subscriber in paragraph 4(c) of this agreement. Except for WATCHDOG repairs under the Warranty and Extended Warranty it is Subscriber’s responsibility to maintain the PERS system in working order and Subscriber remains liable for all payments under this Lease notwithstanding the operation of the PERS system. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, WATCHDOG will procure all permits required by local law and will provide certificate of workman’s compensation prior to starting work.

11. SUBSCRIBER’S CARE OF EQUIPMENT / REPAIRS AND ADDITIONS: If WATCHDOG has provided hardware, Subscriber agrees not to tamper with, or otherwise interfere with the PERS System. Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of damage caused by, misuse, negligent care, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by WATCHDOG without additional charge during the Warranty or Extended Warranty period. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in the Warranty and will be repaired or replaced at Subscriber’s expense. WATCHDOG’s obligation to repair or replace any device does not extend past WATCHDOG’s warranty for the device. WATCHDOG has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the WATCHDOG APP not to operate or perform as designed. WATCHDOG’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. WATCHDOG is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to WATCHDOG as soon as practical. Subscriber is responsible to return the leased equipment to WATCHDOG in working order upon expiration of this lease.

12. TELEPHONE SERVICE MAY BE NECESSARY AND SUBSCRIBER’S RESPONSIBILITY: If WATCHDOG has provided a base unit with transmitter which is installed or placed in Subscriber’s premises in a fixed location and designed to communicate by telephone or high speed Internet VoIP, Subscriber agrees that it is Subscriber’s responsibility to provide appropriate communication pathways. WATCHDOG has no control over these pathways and no responsibility for communication failure. Subscriber agrees not to tamper with or otherwise interfere with the PERS System. Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of damage caused by misuse, negligent care, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by WATCHDOG without additional charge. Batteries, electrical surges, lightning damage, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. WATCHDOG’s obligation to repair or replace any device does not extend past WATCHDOG’s warranty for the device. WATCHDOG has no control over the Subscriber owned hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the APP not to operate or perform as designed. WATCHDOG’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. WATCHDOG is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to WATCHDOG as soon as practical

13. SUBSCRIBER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power and electrical outlets and receptacles, telephone hook-ups, and or high speed Internet, as deemed necessary by WATCHDOG or PERS System equipment manufacturer.

14. SELF-INSTALLATION: WATCHDOG will provide telephone assistance to Subscriber to assist Subscriber with the installation of WATCHDOG’s device or Software APP. WATCHDOG has no liability for the installation. Under no circumstances will WATCHDOG repair Subscriber’s Internet connected device unless provided by WATCHDOG.

15. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: If this agreement requires WATCHDOG to install equipment, WATCHDOG shall not be liable for any damage or loss, economic or non-economic, 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 WATCHDOG’s negligence or failure to perform any obligation

16. TESTING AND REPAIR SERVICE OF PERS: The parties agree the equipment, once delivered, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to test the operation of the PERS System and to notify WATCHDOG if it is in need of repair or replacement. During the warranty period WATCHDOG shall service or replace the equipment only if returned by the Subscriber to WATCHDOG at WATCHDOG’s address. If WATCHDOG fails to repair or replace the PERS equipment within 14 days after receipt of the equipment and notice, Subscriber shall not be obligated to pay any amount for service from date said written notice and equipment is delivered to WATCHDOG, until the PERS System is restored to working order unless WATCHDOG determines that the equipment is operational and the system failure was electrical, telephone or communication service related at Subscriber’s premises, in which event Subscriber shall pay WATCHDOG’s cost of shipping and inspection charge of $125.00. If this agreement calls for self-installation, Subscriber is responsible for installing and activating the PERS System and insuring that the PERS System communicates with the designated central station and that the PERS System remains operational so that upon activation signals are communicated to the designated central station.
If WATCHDOG has installed the PERS systems at Subscriber’s premises, the Warranty Service is pursuant to paragraphs 4c, 10 , 11 and 16 and WATCHDOG shall not be required to service the PERS equipment unless it has received notice from Subscriber, and upon such notice, WATCHDOG shall, during the warranty period, service the PERS equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Subscriber agrees to test and inspect the PERS equipment and to advise WATCHDOG of any defect, error or omission in the PERS equipment. In the event Subscriber complies with the terms of this agreement and WATCHDOG fails to repair the PERS equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the PERS equipment is in need of repair to WATCHDOG, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the PERS equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the PERS equipment is in issue, the Subscriber shall be precluded from raising the issue that the PERS equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by WATCHDOG, evidencing that warranty service was requested by Subscriber.

17. TERMINATION IN THE EVENT OF DEATH AND EARLY TERMINATION RIGHTS: This agreement and Subscriber’s payment obligations shall terminate upon Subscriber’s death and Subscriber may have other reasons to terminate this agreement early. See the Notice of Cancellation Rights below for additional basis to terminate this agreement early.

18. ASSIGNMENT / WAIVER OF SUBROGATION: Subscriber shall not be permitted to assign this agreement without written consent of WATCHDOG. Any such assignment without prior approval shall be deemed a breach of this agreement. WATCHDOG shall have the right to assign this agreement and shall be relieved of any obligations created herein upon such assignment. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against WATCHDOG or WATCHDOG ‘s subcontractors arising out of this agreement , the relation of the parties, or extra-contractual duty.

19. INDEMNITY: Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless WATCHDOG, 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 WATCHDOG’S performance, negligence or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third-party beneficiaries of this agreement.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEEMENT CONTAINS AN INDEMNITY CLAUSE.
Subscriber To Initial:

20. TERMINATION OF AGREEMENT AND SERVICES: Upon termination of this agreement WATCHDOG shall be permitted to discontinue all monitoring service.

21. LEGAL ACTION / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING ARBITRATION: The parties agree that due to the nature of the services to be provided by WATCHDOG, the payments to be made by the Subscriber for the term of this agreement form an integral part of WATCHDOG’s anticipated profits; that in the event of Subscriber’s default it would be difficult if not impossible to fix WATCHDOG’s actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to WATCHDOG within 10 days of the date such payment is due Subscriber shall be liable for any unpaid charges to date of default and the balance of all payments for the entire term shall immediately become due and payable and Subscriber shall be liable for 80% thereof as LIQUIDATED DAMAGES and WATCHDOG shall be permitted to terminate all its services under this agreement without relieving Subscriber of any obligation herein including but not limited to terminating monitoring service. Within 10 days of termination of this agreement Subscriber agrees, at Subscriber’s expense, to return the leased equipment to
WATCHDOG in working order. In the event the equipment is not received by WATCHDOG within 20 days of termination of this agreement then Subscriber shall be liable to WATCHDOG for the agreed value of the equipment in addition to any damages and LIQUIDATED DAMAGES provided for herein.

SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE. Subscriber to Initial: ________
The prevailing party in any litigation or arbitration is entitled to recover its reasonable legal fees from the other party. In any action commenced by WATCHDOG against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. SUBSCRIBER AGREES THAT SUBSCRIBER MAY BRING CLAIMS AGAINST WATCHDOG ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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 BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., OR ITS SUCCESSORS OR ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM, EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement and is authorized to conduct proceedings by telephone, video or by submission of papers. By agreeing to this arbitration provision you are waiving your right to a jury trial, waiving your right to appeal the arbitration award and waiving your right to participate in a class action. This agreement to arbitrate shall survive the termination of this agreement. 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.
The parties waive trial by jury in any action between them unless prohibited by law. Any action between the parties must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings by either party must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against WATCHDOG 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. The parties submit to the jurisdiction and laws of Idaho and agree that any litigation or arbitration between the parties may be commenced and maintained in the county where WATCHDOG’s principal place of business is located or Nassau County, New York.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT SUBSCRIBER IS WAIVING SUBSCRIBER’S RIGHT TO TRIAL IN A COURT OF LAW AND OTHER RIGHTS.
Subscriber to Initial:

22. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to WATCHDOG any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon WATCHDOG because of this agreement. Should WATCHDOG be required by existing or here after enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay WATCHDOG for such service or material.

23. FALSE ALARMS / PERMIT FEES / WITNESS FEES: Subscriber is responsible for all permits and permit fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse WATCHDOG for any fees or fines relating to permits or false alarms. WATCHDOG shall have no liability for permit fees, false alarms, false alarm fines, police, medical EMT or fire response, any damage to personal or real property or personal injury caused by EMT, police, fire department or any other responders response to emergency conditions, whether false alarm or otherwise, or the refusal of the police, medical, EMT, or fire department to respond or the manner in which police or fire department responds. In the event of termination of police medical, fire, or EMT response service this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should WATCHDOG 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 WATCHDOG for such service or material. WATCHDOG shall have no liability for police, fire, medical or EMT non-response, response, or any damage to person or property in connection with any emergency condition reported by WATCHDOG or its designated central station in response to a signal received from Subscriber’s PERS. In the event Subscriber or any third party subpoenas or summons WATCHDOG requiring any services or appearances, Subscriber agrees to pay WATCHDOG $150 per hour for such services and appearances.

24. WATCHDOG’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that WATCHDOG is authorized and permitted to subcontract any services to be provided by WATCHDOG to third parties who may be independent of WATCHDOG and that WATCHDOG shall not be liable for any loss, damage or injury sustained by Subscriber by reason of any other cause whatsoever caused by the negligence of third parties, except that WATCHDOG shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints WATCHDOG to act as Subscriber’s agent with respect to such third parties, Subscriber acknowledges that this agreement, and particularly those paragraphs relating to WATCHDOG’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 station of WATCHDOG.

25. NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER’S EXCLUSIVE REMEDY: WATCHDOG does not represent nor warrant that the PERS System will prevent any loss, damage or injury, or that the PERS System will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that WATCHDOG is not an insurer, and that Subscriber assumes all risk for loss or injury to Subscriber’s property or person. WATCHDOG has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber’s exclusive remedy for WATCHDOG’s default hereunder is to require WATCHDOG to repair or replace, at WATCHDOG’s option, any equipment or part of the PERS System which is non-operational. Except for services provided pursuant to this agreement, Subscriber agrees to look to manufacturer’s warranty for any equipment warranty. WATCHDOG has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, or other software programs that might conflict with or cause the WATCHDOG APP not to operate or perform as designed. WATCHDOG’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. WATCHDOG is not liable for any losses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to WATCHDOG as soon as practical.

26. EXCULPATORY CLAUSE: WATCHDOG and Subscriber agree that WATCHDOG is not an insurer and no insurance coverage is offered herein. The PERS system and WATCHDOG’s services are designed to detect and reduce certain risks of loss, though WATCHDOG does not guarantee that no loss or damage will occur. WATCHDOG is not assuming liability, and, therefore, shall not be liable to Subscriber or any other third party for any loss, economic or non-economic, in contract or tort, data corruption or inability to retrieve data, personal injury, death or property damage sustained by Subscriber as a result of equipment failure, human error or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by WATCHDOG’s breach of contract, 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 agreement or any other legal duty.

27. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF WATCHDOG AS A RESULT OF WATCHDOG’S BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF WATCHDOG’S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, WHETHER ECONOMIC OR NON-ECONOMIC, IN CONTRACT OR IN TORT, THAT WATCHDOG’S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE WATCHDOG’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 WATCHDOG’S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN EXCULPATORY CLAUSE, INSURANCE PROVISION ALLOCATING ALL RISK TO SUBSCRIBER AND LIMITATION OF LIABILITY PROVISION.
Subscriber to Initial: _________________

28. NOTE ABOUT EXTRA DEVICES: Extra devices for remote activation of the PERS System which are ordered after this agreement is executed or not included in the description of equipment will be deemed part of the equipment described in this agreement and governed as if part of the system and equipment sold pursuant to this agreement.

29. MODIFICATION OF CALL LIST: The Subscriber may change the Call List in writing provided to and acknowledged by WATCHDOG.

30. PERSONAL MEDICAL DISCLOSURE AUTHORIZATION: Any medical or other personal information provided by Subscriber to WATCHDOG may be disclosed by WATCHDOG to any police, fire, EMT personnel or medical personnel, (First Responders) or anyone on Subscriber’s Call List requesting same. WATCHDOG DOES NOT RESPOND TO SUBSCRIBER’S LOCATION AND DOES NOT PROVIDE ANY MEDICAL OR EMERGENCY ADVICE. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER CANNOT RELY ON ANY STATEMENT OR ASSURANCES BY CENTRAL STATION OPERATORS WHO CONTACT SUBSCRIBER IN RESPONSE TO A SIGNAL AND ANY STATEMENTS ARE INTENDED TO CALM SUBSCRIBER DURING AN EMERGENCY SITUATION.

31. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes WATCHDOG 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 WATCHDOG to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.

32. FULL AGREEMENT/SEVERABILITY: This agreement constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. 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. To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern. Should any provision of this agreement be deemed void, the remaining parts shall be enforceable.

Additional statutory protections may apply to Subscriber [sometimes referred to as Buyer] depending on the State in which Buyer is located. Please review your state’s additional statutory protections below:

Alabama:
See paragraph 21: LEGAL ACTION: LIMITING THE STATUTORY LIMITATION PERIOD is prohibited by law.

California:
See paragraph 21: LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law. This contract does not waive trial by jury in California.

See paragraph 21: LEGAL ACTION / EARLY TERMINATION: IF SUBSCRIBER DECIDES TO TERMINATE BEFORE THE END OF THE TERM AND WITHOUT ANY STATUTORY RIGHT OF CANCELLATION, SUBSCRIBER MAY DO SO BY PAYING ANY AMOUNT SUBSCRIBER OWES AT THAT TIME PLUS AN EARLY TERMINATION FEE EQUAL TO 80% OF THE BALANCE OF ALL PAYMENTS FOR THE ENTIRE TERM OF THIS AGREEMENT, AND WATCHDOG 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 HEREIN. SUBSCRIBER AGREES THAT THE EARLY TERMINATION FEE IS FAIR BASED UPON THE EXPENSES INCURRED BY WATCHDOG IN PROVIDING SUBSCRIBER WITH ALARM EQUIPMENT AND SERVICES, ITS COSTS, AND ANTICIPATED PROFITS. SUBSCRIBER WILL ALSO RETURN, AT SUBSCRIBER’S EXPENSE, WITHIN 10 DAYS OR TERMINATION OF THIS LEASE, ALL LEASED EQUIPMENT TO WATCHDOG OR SHALL BE LIABLE FOR THE AGREED VALUE OF SUCH EQUIPMENT.

PROPOSITION 65 WARNING: EQUIPMENT AND PACKAGING MAY CONTAIN COMPONENTS CONTAINING CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.

Connecticut:
See paragraph 21: LEGAL ACTION: Attorney’s Fees: Subscriber shall pay WATCHDOG’S legal fees in an amount equal to 15% of the judgment.
See paragraph 21: LEGAL ACTION: LIQUIDATED DAMAGES: Buyer must acknowledge that this contract contains a liquidated damages provision by initialing in the space provided after paragraph 21.

Georgia:
See paragraph 21: LEGAL ACTION: ATTORNEYS FEES: Subscriber shall pay WATCHDOG’S legal fees in an amount equal to 15% of the judgment.
See paragraph 21: LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law. This contract does not waive trial by jury in Georgia.

Hawaii:
See paragraph 4(c): PURCHASE AND OTHER CHARGES: Extended Warranty Option: Obligations of the provider under this service contract are backed by the full faith and credit of the provider.

Idaho:
See paragraph 21: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Idaho.

Kansas:
See paragraph 21: LEGAL ACTION: ARBITRATION is prohibited in tort actions.

Maine:
See paragraph 4(c): PURCHASE AND OTHER CHARGES: Extended Warranty Option: Obligations of the provider under this service contract are backed by the full faith and credit of the provider and are not guaranteed under a service contract reimbursement insurance policy.

Maryland:
See Paragraph 24: WATCHDOG’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: The telephone number of the Maryland Home Improvement Commission is 1-888-218-5925 (toll free) or 410-230-6231 (Baltimore area), and each contractor and each subcontractor must be licensed by the commission, and anyone may ask the commission about a contractor or subcontractor.

Massachusetts:
See paragraph 4(c): PURCHASE AND OTHER CHARGES: Extended Warranty Option: Obligations of the provider under this service contract are backed by the full faith and credit of the provider.
Montana:
See paragraph 21: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Montana.

New Jersey:
See paragraph 21: LEGAL ACTION: WAIVING TRIAL BY JURY: AS A CONDITION OF THIS AGREEMENT, BUYER AGREES TO WAIVE BUYER’S RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING WATCHDOG. BUYER UNDERSTANDS THAT BUYER IS WAIVING BUYER’S RIGHT TO A JURY TRIAL VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. BUYER UNDERSTANDS THAT BUYER HAS A RIGHT TO CONSULT WITH A PERSON OF SUBSCRIBER’S CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT. BUYER AGREES THAT INSTEAD OF SUING OR BEING SUED IN COURT, BUYER MAY SETTLE DISPUTES BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD.

North Carolina:
See paragraph 21: LEGAL ACTION: WATCHDOG shall provide notification to Buyer by verified personal service or certified mail at least 10 days prior to cessation of the service(s). This provision shall not apply to Buyer’s initiated action to terminate or upon Buyer’s relocation.
See paragraph 21: LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law. This contract does not waive trial by jury in North Carolina.

North Dakota:
See paragraph 21: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in North
Dakota.
ELECTRONIC CONTRACT REQUIREMENTS CLAUSE: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring WATCHDOG to provide, send or deliver information in writing to the Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically.

Oklahoma:
See paragraph 5: TERM OF AGREEMENT: RENEWALS: Buyer must acknowledge that this agreement does NOT contain an early termination clause applicable to MILITARY PERSONNEL by initialing in the space provided after paragraph 5.
LEGAL ACTION: WAIVING TRIAL BY JURY is prohibited by law where the amount in controversy does not exceed One Thousand Five Hundred Dollars $1,500. This contract does not waive trial by jury in Oklahoma where the amount in controversy does not exceed One Thousand Five Hundred Dollars $1,500.
LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Oklahoma.

Oregon:
ELECTRONIC CONTRACT REQUIREMENTS CLAUSE: Buyer acknowledges that they have agreed to conduct a transaction by electronic means. Buyer acknowledges that any laws of the State requiring WATCHDOG to provide, send or deliver information in writing to the Buyer are satisfied upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically.

South Carolina:
See paragraph 21: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in South Carolina.

Vermont:
See paragraph 21: LEGAL ACTION: LIMITING STATUTORY LIMITATION PERIOD is prohibited by law in Vermont.

CAUTION — IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT.
READ THIS AGREEMENT CAREFULLY.

NOTICE TO BUYER: DO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE PAPER YOU SIGN. YOU HAVE THE RIGHT TO PAY IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE TIME PRICE DIFFERENTIAL. BUYER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION. [This provision required in Georgia.]

THIS CONTRACT MAY LIMIT CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. IT ALSO CONTAINS EXCULPATORY AND LIMITATION OF LIABILITY PROVISIONS. FOR MORE INFORMATION, PLEASE SEE SECTIONS 19, 21, 26, and 27. [This provision required in New Jersey.]

DO NOT SIGN THIS AGREEMENT IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. YOU MAY PAY OFF THE FULL UNPAID BALANCE DUE UNDER THIS AGREEMENT AT ANY TIME, AND IN SO DOING YOU SHALL BE ENTITLED TO A FULL REBATE OF THE UNEARNED FINANCE AND INSURANCE CHARGES. IT SHALL NOT BE LEGAL FOR WATCHDOG TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT. [This provision required in Arizona and North Dakota.]

NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT BEFORE READING THE SAME OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT. UNDER THE PRESENT LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE BALANCE OWED UNDER THE CONTRACT. IN THOSE CASES THE PRINCIPAL OWED AS OF THE DATE OF PAYMENT, PLUS ANY BALANCE TO COVER CHARGES OR INTEREST ACCRUED TO THAT DATE, SHALL BE CANCELLED. [This provision required in Puerto Rico.]