visit www.simplisafe.com or call 1-888-95-SIMPLI (957-4675) for additional assistance
24
Camera
If the System includes any camera or any other video-related equipment (collectively, the “Camera”), then with respect to the Camera,
Customer acknowledges, understands and agrees that (i) the Camera is intended to assist Customer, SimpliSafe and the monitoring facility
in the verification of alarm events at Customer’s 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) Customer will use the Camera solely for verification of alarm events at Customer’s premises
and no other purpose, (iv) Customer shall not use the Camera, or permit the use of the Camera, for any illegal or unlawful purpose, (v)
Customer 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 restrooms, dressing or changing areas, locker rooms or similar areas, (vi) Customer shall instruct all persons who may
use the Camera of any limitations with respect to the Camera, (vii) Customer 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) CUSTOMER SHALL NOT
INTERCEPT, RECORD OR TRANSMIT ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON’S PERMISSION TO DO
SO.
Life Safety Notice
If Customer purchases a System that includes smoke detectors or carbon monoxide detectors, or if Customer adds smoke detectors or
carbon monoxide detectors at a later time, such detectors are supplemental devices only and are not intended to be part of a primary fire
alarm or carbon monoxide detection system. There may be specific requirements or standards for the installation and location of such
detectors. Customers should contact their local authority having jurisdiction or consult a qualified professional to assist in the installation,
maintenance and location of such detectors. Customers 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
Customers should please refer to SimpliSafe’s privacy policy at www.simplisafe.com/privacy-policy for important information about
SimpliSafe’s collection, use and sharing of Customers’ personal information.
Dispute Resolution
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. Customer and
SimpliSafe agree that SimpliSafe 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 eorts to settle the Dispute. To this eect, 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 a 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 (“AAA”) in accordance
with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration and each party pays the
appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties
will remain individually responsible for their own attorney costs or other non-AAA required costs, unless otherwise ordered by the
arbitrator. If an in-person arbitration hearing is required, then it will be conducted at the AAA’s oce in Boston, Massachusetts.
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.
Customer 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
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 CUSTOMER OR SIMPLISAFE WANTS TO ASSERT A DISPUTE AGAINST
THE OTHER, THEN CUSTOMER OR SIMPLISAFE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION
ENTITLED “OTHER TERMS AND CONDITIONS”) WITHIN 1 YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED -- OR IT WILL BE FOREVER
BARRED.
NOTWITHSTANDING THE FOREGOING, 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 SIMPLISAFE, OR OTHER PERSONS OR ENTITIES SIMILARLY
SITUATED. FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST SIMPLISAFE MAY NOT BE JOINED OR CONSOLIDATED IN THE
ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER SIMPLISAFE CUSTOMER, UNLESS OTHERWISE AGREED UPON BY THE
PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS