Terms of Sale

SOS Alarm Terms of Sale

ONLINE Terms Last updated:   January 2025

Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “System”) from Medford Alarm & Signal Inc. (DBA "SOS Alarm") 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 SOS Alarm or any authorized retailer are available only in the United States. You agree not to use or attempt to use any SOS Alarm 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 SOS Alarm 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 SOS Alarm product or System components to a third party outside the U.S. relieves SOS Alarm of any obligations under these terms and makes you the seller or transferer liable for those obligations at SOS Alarm’s sole discretion.

Sales to End Users Only

Purchases made through the SOS Alarm website or from any authorized retailers 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 SOS Alarm or an authorized retailer.

Payment Methods

SOS Alarm accepts credit cards, debit cards and SOS Alarm Gift Cards as forms of payment. If a credit card is being used for a transaction, SOS Alarm 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 shipped. If the balance from a SOS Alarm Gift Card is used for a transaction, the amount is deducted from your Gift Card at the time of purchase. If the total amount of the transaction is greater than the balance available in Gift Card your credit card will be charged for the balance.

SOS Alarm accepts the following credit cards: Visa, MasterCard, American Express, and Discover. 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 any applicable sales tax and shipping charges, less any discounts offered. SOS Alarm 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, SOS Alarm 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 SOS Alarm 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 SOS Alarm, such as through our website (“Promo Offer Sales”).

  • 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 SOS Alarm 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 SOS Alarm’s sole discretion.

  • SOS Alarm’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.

  • SOS Alarm reserves the right not to accept orders (involving a Promo Offer or not) where, SOS Alarm 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 SOS Alarm may at its sole discretion determine that such partial returns are only qualified for replacements.  Where SOS Alarm 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.

Sales Tax

SOS Alarm website transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and SOS Alarm has the right to collect any tax it believes it is obligated to collect.

SOS Alarm Gift Cards

SOS Alarm Gift Cards are for transactions on the SOS Alarm website only. Sales tax will not be charged when the Gift Card is purchased. Sales tax is charged when the Gift Card is redeemed. The tax rate on the transaction is based on the delivery address of the redeemer. Gift Cards may not be used to purchase other Gift Cards.

Shipping

Delivery will be by common carrier F.O.B SOS Alarm’s shipping point. You assume sole risk of loss or destruction to the System during shipment.

Limited Warranty

SOS Alarm warrants to you, the initial purchaser of the System from SOS Alarm or an authorized retailer, that each of the SOS Alarm products you purchase directly from SOS Alarm or from an authorized retailer that make up your SOS Alarm System (“Covered Products”, whether new or refurbished) will be free from defects in materials and workmanship under normal use and service for one (1) year from either the date that you purchase the Covered Products where obtained from an authorized reseller, or the date Covered Products are delivered to your shipping address per your online order.  This limited hardware warranty is non-transferrable. As a condition of this warranty, SOS Alarm may require that you provide proof of purchase during the warranty period and/or return the defective Covered Product. If SOS Alarm requires the return of the defective Covered Product, return shipping costs will be paid for by SOS Alarm.

SOS Alarm 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, SOS Alarm’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 SOS Alarm’s sole discretion:

  • Replacement of Covered Products:

For valid warranty claims made during the warranty period with respect to Covered Products, SOS Alarm 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 SOS Alarm. SOS Alarm warrants any replacement products for a one (1) year limited warranty period from the date the replacement parts are delivered to your shipping address.

Additionally, if a Covered Product has been discontinued and/or the substantially functional equivalent available replacement product or part to be issued in connection with this warranty would no longer be compatible with your System, at SOS Alarm’s sole discretion, SOS Alarm 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 SOS Alarm’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.  In no event shall SOS Alarm bear any responsibility for installation any replacement product or part or the cost of such installation.                                                                                                   

  • Refund or Credit:

At SOS Alarm’s sole option and discretion, in lieu of replacing the defective Covered Product, SOS Alarm may instead offer to refund the original purchase price you paid to SOS Alarm or an authorized retailer for the Covered Product. If the defective Covered Product does not have a separate purchase price, SOS Alarm 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 SOS Alarm’s discretion.  Subject to availability, and at SOS Alarm’s sole option and discretion, instead of refund you may select a store credit of equal or greater value than the aforementioned refund value (to be determined by SOS Alarm), which may be applied toward other SOS Alarm products or services (to be determined by SOS Alarm). For the avoidance of doubt, if offered, the store 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 SOS Alarm’s sole discretion and option.

For warranty service, please contact SOS Alarm Customer Support at 1-866-767-2527 If SOS Alarm is unable to address the issue that you are facing, SOS Alarm will, subject solely to its discretion, determine the appropriate warranty remedy or warranty remedy option, as listed above.  

As explained above, SOS Alarm may, at its discretion, require you return the Covered Product before SOS Alarm determines which warranty remedy option to provide.  In this situation, SOS Alarm will provide you with a prepaid return slip for you to return your old product or part to SOS Alarm.  In the event that SOS Alarm 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 SOS Alarm’s discretion still be shipped along with a postage prepaid return slip, and you will return your old product or part to SOS Alarm 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 SOS Alarm’s sole discretion.

This Limited Warranty does not apply in the following cases: failure to follow installation or operating instructions, 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 SOS Alarm, as well as where your System or any component thereof is obtained from a third party other than SOS Alarm or an authorized retailer.  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 SOS Alarm’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 SOS Alarm products through an authorized retailer.  These ancillary warranties are not provided by SOS Alarm 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. SOS ALARM DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SOS ALARM 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 SOS ALARM OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES (EACH, A “SOS ALARM PARTY” AND COLLECTIVELY, THE "SOS ALARM 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.

SOS Alarm 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 SOS Alarm System component). Furthermore, the SOS Alarm 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 SOS Alarm 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 SOS ALARM 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 SOS ALARM 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 SOS ALARM PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE SOS ALARM 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 SOS Alarm, you acknowledge that you have had an opportunity to review SOS Alarm'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 SOS Alarm, 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 SOS Alarm or through an authorized retailer, and are non-transferable.  As a condition of this guarantee, SOS Alarm may require that the customer produce proof of purchase to confirm the purchase date.

For online purchases where Delivery Date cannot be confirmed, Purchaser agrees that the start date for any relevant warranty or guarantee will be 30 days from the online 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 SOS Alarm, you acknowledge you will make all reasonable efforts to support these necessary updates and that SOS Alarm 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 www.sosasap.com, or by calling SOS Alarm Customer Support at 1-866-767-2527. Monitoring Services are provided in accordance with SOS Alarm’s  Terms of Service which can be found online at www.sosasap.com You understand that SOS Alarm 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 SOS Alarm 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 found at www.sosasap.com. For the avoidance of doubt, such services will not be provided unless or until you activate them by calling SOS Alarm Customer Support at 1-866-767-2527.

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 SOS ALARM 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 SOS ALARM 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

SOS Alarm does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in SOS Alarm's Limited Warranty. In particular, as described in SOS Alarm's Limited Warranty, SOS Alarm 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 SOS ALARM 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 SOS ALARM 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 SOS ALARM 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 SOS ALARM PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL SOS ALARM 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 SOS Alarm 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 SOS Alarm Party for money paid to you or on your behalf.

INDEMNIFICATION

IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY SOS ALARM 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 SOS ALARM 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 SOS ALARM AND DOES SO REGARDLESS OF WHETHER SOS ALARM HAS BEEN FOUND LIABLE OR WHETHER SOS ALARM 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 SOS Alarm 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 therein. 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. To the extent the terms of the license applicable to any Third-Party Component requires SOS Alarm to make an offer to provide source code or related information in connection with such Third-Party Component, such offer is hereby made. Any request for source code or related information should be directed only to: luke@sosasap.com.  All rights with respect to such software not licensed to you hereunder are fully reserved by SOS Alarm and/or its licensors.  


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, SOS Alarm 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 local laws, regulations 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 your local laws and regulations for important information regarding the recording of audio or video.

Life Safety Notice

If you purchase a System that includes smoke detectors or carbon monoxide detectors, or if you add smoke detectors or carbon monoxide detectors at a later time, there may be specific requirements or standards for the installation and location of such detectors. You should contact your local authority having jurisdiction or consult a qualified professional to assist in the installation, maintenance and location of such detectors. You have sole responsibility for complying with any and all codes, laws and standards that may apply to the installation, placement, and maintenance of the System.

Privacy

Please refer to SOS Alarm’s privacy policy at https://www.sosasap.com/privacy-policy for important information about our collection, use and sharing of your personal information.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SOS Alarm agree that SOS Alarm intends that this section satisfies the “writing” requirement of the Federal Arbitration Act.

In the event of any dispute or disagreement between the parties, or claim or question by a

party, arising from or relating to these Terms of Sale or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration each party must pay the appropriate filing fees. All expenses of the arbitrator and any AAA expenses shall be borne by SOS Alarm. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs, including but not limited to the expenses of witnesses for either side, which shall be borne by the party producing such witnesses. If an in-person arbitration hearing is required, then it will be conducted at an American Arbitration Association office that is reasonably convenient for both parties. If the parties are unable to agree on a location, a determination on location shall be made by the Independent ADR Institution or the neutral arbitrator. If the arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.

The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms of Sale and will determine any Dispute according to the applicable law and facts based upon the record and no other basis.  The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You can obtain the AAA procedures, rules, and fee information as follows:

AAA: 800.778.7879

http://www.adr.org/

In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Sale and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential.  All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR SOS ALARM WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR SOS ALARM MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION ENTITLED “OTHER TERMS AND CONDITIONS”) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

NOTWITHSTANDING THE FOREGOING, THIS ARBITRATION AGREEMENT DOES NOT APPLY TO ANY CLAIM SEEKING DAMAGES IN TORT FOR BODILY INJURY, INCLUDING EMOTIONAL OR PSYCHOLOGICAL INJURY, OR PROPERTY DAMAGE OF ANY KIND, INCLUDING CLAIMS FOR LOSS OF USE OR DIMINUTION IN VALUE OF PROPERTY. IN ADDITION, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH SOS ALARM, OR

OTHER PERSONS OR ENTITIES SIMILARLY SITUATED.  FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST SOS ALARM MAY NOT BE JOINED OR CONSOLIDATED IN THE ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER SOS ALARM SUBSCRIBER, UNLESS OTHERWISE AGREED BY THE PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE SUBJECT TO ARBITRATION.

Further, unless both all parties agree in writing otherwise (including, but not limited to, as set forth in the procedures below regarding Mass Arbitration), the arbitrator may not consolidate more than one Customer’s dispute, and may not otherwise preside over any form of a representative or class proceeding.

SUBJECT TO THE PRIOR PARAGRAPH, IN THE EVENT THAT MASS ARBITRATION (which means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those

arbitration demands seek to simultaneously or collectively administer and/or arbitrate

together, or (b) are filed by the same counsel or in coordination with each other) IS

ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

   1. In the event that Mass Arbitration is attempted or sought involving 250 arbitration

demands or less, we agree the arbitration provider shall: (i) group the arbitration

demands into batches of no less than 25 arbitration demands per group; and (ii)

provide for resolution of each group or batch as a single arbitration with one set of

filing and administrative fees and a single arbitrator assigned per group or batch.

   2. In the event that Mass Arbitration is attempted or sought involving over 250

arbitration demands, we agree that the arbitration provider shall: (i) group the

arbitration demands into batches of no less than 250 arbitration demands per group;

and (ii) provide for resolution of each group or batch as a single arbitration with one

set of filing and administrative fees and a single arbitrator assigned per group or

batch.

   3. All Mass Arbitration shall be subject to the substantive and procedural terms

contained in this Agreement.

   4. We agree to cooperate in good faith with the arbitration provider to implement the

aforementioned protocol for Mass Arbitration with regard to resolution, fees, and

administration.

   5. If any part of this paragraph related to Mass Arbitration is found to be

unenforceable, the unenforceable portion shall be stricken, and the remainder of

this paragraph and this Agreement shall be enforced to the maximum extent

permitted by law.

   6. If the arbitration provider is unwilling or unable to follow the procedures set forth in

this paragraph with regard to Mass Arbitration, the parties may attempt to retain a

different, mutually agreeable and widely-recognized arbitration organization that

will agree to follow the procedures set forth herein.  If the parties are unable to

retain or agree to such an alternative arbitration provider, the alternative dispute

resolution provisions set forth in this Agreement shall not apply to those disputes

within the Mass Arbitration.

YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING billing@sosasap.com WITHIN 60 DAYS OF THESE TERMS OF SALE BECOMING BINDING UPON YOU FOR THE FIRST TIME. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH SOS ALARM. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE

IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SALE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY SOS ALARM. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND SOS ALARM EACH HEREBY IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR

MAY ARISE BETWEEN YOU AND SOS ALARM MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN MEDFORD, OREGON; YOU AND SOS ALARM EACH CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVE ANY OBJECTION THAT YOU OR SOS ALARM MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; YOU AND SOS ALARM EACH CONSENT TO SERVICE OF PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT; AND YOU AND SOS ALARM EACH HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.

We may revise and update this Agreement from time to time.  To the extent it applies and is

permissible by law, all changes are effective immediately when we post them on the SOS Alarm Website. Unless you exercise your right to opt out of changes (below), your continued use of any SOS Alarm Services or Website means that you accept and agree to the changes as they relate to such usage after the date of the revision, and such continued use is your consideration for the changed terms. No amendment to this Agreement will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing.  For the avoidance of doubt, “then-pending disputes” means any legal action filed before any court or tribunal (such as the American Arbitration Association). Within 30 days of the posting a revised Agreement on the Website, you have the right to reject changes that were made by providing written notice of your intent to opt out of any revised

THE PARTIES ACKNOWLEDGE THAT THE AGREEMENT WAS NOT ENTERED INTO IN SUBSCRIBER’S HOME OR OTHER FACE-TO-FACE TRANSACTION BETWEEN THE PARTIES, AND THEREFORE NO FEDERAL OR STATE RIGHT OF CANCELLATION IS INTENDED TO APPLY TO THIS TRANSACTION.  

Other Terms and Conditions

You understand that certain monitoring services offered by SOS Alarm 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 to ensure set up, 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.

These Terms of Sale and all transactions on the SOS Alarm website are governed by Oregon law without reference to its conflicts of law rules. The interpretation of the Terms of Sale shall not be construed against the drafter.

If this product is purchased online directly from SOS Alarm, either through an online retail

manufacturer company store or the SOS Alarm’s website, any conflict between (i) the online Terms of Sale provided at the time of your online purchase (available at

www.sosasap.com) and (ii) any written Terms of Sale provided with the print copy Set-up Guide, shall be governed by the online terms. To the extent permissible by law, if this product is purchased directly from an authorized retailer in store and then you create an online account and agree to any applicable online terms, any conflict between (i) the online Terms of Sale provided at the time of your online account creation and (ii) any written Terms of Sale provided with the print copy Set-up Guide, shall be governed by the online terms.

SOS Alarm 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 SOS Alarm, 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 SOS Alarm 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 SOS Alarm 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 SOS Alarm’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 SOS Alarm.

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.”