visit www.simplisafe.com or call 1-888-95-SIMPLI (957-4675) for additional assistance
23
Limited Warranty
Monitoring Services
Monitoring services will not be provided in connection with Customer’s purchase of the System unless Customer activates such services
online through simplisafe.com or by calling SimpliSafe Customer Support at 1-888-95-SIMPLI (957-4675). Monitoring Services are
provided in accordance with SimpliSafe’s Terms of Service which can be found online at www.simplisafe.com/terms-of-service.
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.
CUSTOMER ACKNOWLEDGES AND AGREES THAT SIMPLISAFE IS NOT AN INSURER. CUSTOMER SHALL MAINTAIN INSURANCE COVERING
ALL LOSSES, AS DEFINED ABOVE, 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 SIMPLISAFE
PARTY, AS DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS DEFINED ABOVE, SHALL BE LIMITED
TO THE INSURANCE CUSTOMER PURCHASES SEPARATELY FROM AN INSURANCE COMPANY.
LIMITATIONS OF LIABILITY AND RELEASE
SimpliSafe does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in SimpliSafe’s Limited
Warranty. In particular, as described in SimpliSafe’s Limited Warranty, SimpliSafe 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. Customer understands 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 aecting or controlling the System (including any
Camera). Customer understands 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, CUSTOMER IS RELEASING EACH SIMPLISAFE PARTY, AS DEFINED ABOVE, ON CUSTOMER’S 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 SIMPLISAFE PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO CUSTOMER FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY.
NOTWITHSTANDING THE FOREGOING, EVEN IF A SIMPLISAFE 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 SIMPLISAFE PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE
PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL SIMPLISAFE PARTIES, AS
DEFINED ABOVE. IF CUSTOMER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, CUSTOMER MAY OBTAIN
A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PURSUANT TO A SEPARATE WRITTEN AGREEMENT AGREED UPON BETWEEN
CUSTOMER AND SIMPLISAFE IN WRITING, BUT SIMPLISAFE SHALL NOT BE HELD TO BE AN INSURER HEREUNDER. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO CUSTOMER.
Release of Insured Losses; Waiver of Subrogation
Customer releases all SimpliSafe Parties for all Losses covered by Customer’s insurance policies and for all insurance deductibles.
Customer also waives and releases any subrogation and other rights Customer or Customer’s insurance company may have against any
SimpliSafe Party for money paid to Customer or on Customer’s behalf.
INDEMNIFICATION
IF ANYONE OTHER THAN CUSTOMER (INCLUDING CUSTOMER’S INSURANCE COMPANY) ASKS ANY SIMPLISAFE 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, CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD EACH
SIMPLISAFE 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 SIMPLISAFE AND DOES SO REGARDLESS OF WHETHER SIMPLISAFE HAS BEEN
FOUND LIABLE OR WHETHER SIMPLISAFE HAS INCURRED ANY EXPENSE.
Software
Software embedded within any SimpliSafe System is licensed to Customer under this section on a non-exclusive and limited basis, and
not sold. Customer 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. All rights with respect to such software not licensed to Customer hereunder are fully reserved by
SimpliSafe and/or its licensors.
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