Terms and Conditions

RAPID RESPONSE MONITORING SERVICES, INC.

RAPID RESPONSE MONITORING SERVICES, INC.
400 West Division Street
Syracuse, NY 13204
800-558-7767

Effective Date: October 22, 2021
Rapid Response Monitoring Services, Inc. (and together with its representatives, employees, officers, shareholders, directors, subcontractors, affiliates, agents, successors and assigns, “RRMS”, “us”, “we” or “our”), has authorized Ring LLC and/or its subsidiaries, an independently owned and operated security services provider (“Ring”) to market and sell RRMS monitoring services (“Services”) to you in connection with your Ring security, video, camera and/or other products and services. Ring is an independent contractor and not an agent of RRMS. This paragraph together with Sections 1 through 12 herein constitute the terms and conditions of RRMS’ offering of the Services (“Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE SERVICES AND YOUR RIGHTS HEREUNDER, INCLUDING, AMONG OTHER THINGS, IMPORTANT WARRANTY DISCLAIMERS (SECTION 4) AND LIMITATIONS OF LIABILITY (SECTION 5) APPLICABLE TO THE SERVICES. By clicking to sign up for Services, separately acknowledging agreement to these Terms and Conditions (e.g., via DocuSign), or using any part of the Services, you acknowledge and agree that (a) you have had the opportunity to read and review these Terms and Conditions, and (b) you accept the Terms and Conditions and agree to be bound by them. We may modify these Terms and Conditions from time to time to comply with applicable law. You may print these Terms and Conditions by clicking the print button on your Internet browser.

1. The Services rely on the availability of cellular network coverage and internet technology to operate properly (“Delivery Systems”). By accepting these Terms and Conditions, you acknowledge the limitations inherent in Delivery Systems, including interruptions or inabilities to connect, and the consequences if the technology does not operate as designed. You understand that RRMS is not responsible for any interruption of Service due to any cause beyond RRMS’ control, such as faulty Delivery Systems, Delivery Systems that have been tampered with or any damage or destruction to RRMS’ equipment or facilities. RRMS is not required to supply Services in the event of any interruption to the Delivery Systems.

2. The Services consist solely of the following: (a) live, real-time access to video from your Ring system during alarm events, and (b) verification of alarm events by monitoring facility personnel in connection with the emergency dispatch services described in Section 3 using the video received from your Ring system. RRMS does not record, save or store any video clips or still-photo images. We have no control over and take no responsibility for the placement of your Ring system or any cameras and their view. You agree to use the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may terminate the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. You agree and acknowledge that the Services do not prevent death, bodily or personal injury, or any harm of damage to you or others, and may not detect, observe, view, or prevent an unauthorized intrusion onto your premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services is voluntary.

3. In the event our monitoring facility personnel detect an exigent, emergent or perilous circumstance in our defined field of view from the video received from your Ring system, RRMS will try to notify the emergency contacts you have provided and the applicable emergency authority, such as the fire department or police, as we reasonably believe is required (each a “Notification Party”). You agree to provide Ring with up-to-date contact information for each Notification Party as necessary on an ongoing basis to enable such notification. RRMS is entitled to rely solely on the Notification Parties provided to us by Ring. RRMS may attempt to verify the nature of the emergency by communicating with someone at your premises prior to notifying a Notification Party or may attempt to verify the alarm by other means as required by law. You authorize RRMS to use your Ring system to siren and/or talk down. If the property being protected is a commercial property, RRMS will not respond to any signals from your Ring system that are reported to be fire signals. RRMS is responsible only for notifying the Notification Parties. RRMS is not responsible for the promptness, sufficiency or adequacy of the action of any Notification Party. With respect to any phone number, email address and any other contact information you provide to Ring at any time, whether for purposes of alarm notification or any other purpose, you represent that you are the subscriber associated with the phone number, email address or other contact information provided, or that you are otherwise expressly authorized to provide such information and use it as your own. You also agree to inform Ring if any of the contact information you provided changes. You expressly authorize RRMS to contact you and each Notification Party, including through the use of an automated dialing system, SMS message (texts), email, pre-recorded or artificial voice, and/or facsimile for all purposes related to the Services, these Terms and Conditions, promotions, advertisements and information regarding any of our current or future partners, and/or our partners products or services, whether related to your Ring system or not.

4. THE SOLE WARRANTY PROVIDED BY RRMS WITH RESPECT TO THE SERVICES IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO SERVICES, ALL SERVICES THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RRMS DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL SERVICES SHALL BE WITH YOU. RRMS SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES.

5. YOU AGREE THAT RRMS IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT ARE CHARGED FOR THE SERVICES REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY. RRMS IS NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES (DIRECT OR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO RRMS’ NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS OR OTHER BASIS. IF, NOTWITHSTANDING THESE TERMS AND CONDITIONS, RRMS IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, THEN THE LIMITATION OF RRMS’ LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL RRMS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.

6. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with RRMS, attempts to hold RRMS responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, (b) negligence, (c) improper or careless activity of RRMS, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss.

7. You agree to prevent false alarms and assume responsibility for them. Unless RRMS agrees otherwise in writing, RRMS shall not be obligated to pay any fines, penalties, fees or other charges imposed by any municipality for receipt of communications from RRMS or dispatch of police, fire or medical personnel to the premises. In the event your Ring system is activated for any reason whatsoever, you shall (1) pay, without any right to be reimbursed by RRMS, or (2) reimburse RRMS for any fines, fees, costs, expenses and penalties assessed against you or RRMS by any state, municipality, court or governmental agency.

8. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, “Any Person”) who is at any time on the premises, hereby consent to RRMS (including in “RRMS” its communication subcontractors) recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication that come into the possession of RRMS in the normal performance of its duties under these Terms and Conditions to which you, Any Person or RRMS are parties for purposes of carrying out RRMS’ obligations under these Terms and Conditions, offering services to its customers, servicing and administering customer accounts, or as required by court order or legal process.

9. You may terminate the Services at any time for any reason or no reason upon notice to Ring in accordance with your agreement with Ring. There are no termination fees. Upon termination of the Services, RRMS shall have no further obligation to you. Notwithstanding the foregoing, you are entitled to receive a pro-rated refund from Ring and/or its third party agents for any Services paid for after the date of termination.

10. These Terms and Conditions shall be governed by the law of the State of New York, without giving effect to its rules of conflict of laws.

11. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST RRMS OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.

12. If any provision of these Terms and Conditions or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms and Conditions. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Terms and Conditions shall be upheld and applied to the maximum extent permitted by law. Ring is an intended third-party beneficiary of these Terms and Conditions and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Terms and Conditions directly. You understand and agree that these Terms and Conditions shall be binding on your heirs, administrators, agents and successors. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”