End User License Agreement (EULA)
WeR@Home™ HD Camera User Guide
17
party unauthorized access. Company 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 your responsibility to secure access to the system with pass codes and
lock outs.
c. The Application is designed to utilize your enabled cellular device to access the WeR@Home™ system. The device will
work only in areas where the cellular service has coverage and Company has no control over such coverage. Company is
authorized to record and maintain audio transmissions, data and communications, and shall be the exclusive owner of such
property. You are responsible for all permits and permit fees, if any, and agree to file for and maintain any permits required
by applicable law and indemnify or reimburse Company for any fines relating to permits. Should Company 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 you agree to pay Company for such service or material. Company does not monitor signals and
communications received by from your enabled cellular device.
d. You acknowledge that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, or other
modes of communication pass through communication networks wholly beyond the control of Company and are not
maintained by Company and Company shall not be responsible for any failure which prevents transmission signals from
reaching your Internet enable device or damages arising therefrom, or for data corruption, theft or viruses to your Internet
enabled device.
Article V – EXCULPATORY AND LIMITATION OF LIABILITY PROVISIONS
a. EXCULPATORY CLAUSE: You agree that Company is not an insurer and no insurance coverage is offered herein. Your
payments to Company are for the use of Company's Application and remote access to your WeR@Home™ security system
designed to reduce certain risks of loss, though Company does not guarantee that no loss will occur. Company is not
assuming liability and therefore shall not be liable to you for any loss or injury sustained by you as a result of any cause
whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by Company's negligent
performance to any degree or failure to perform any obligation or strict products liability. You release Company from any
claims for contribution, indemnity or subrogation.
b. LIMITATION OF LIABILITY: You agree that the Application, the service it offers and the WeR@Home™ system is not
designed or guaranteed to prevent any loss or injury. If, notwithstanding the terms of this agreement, there should arise
any liability on the part of Company as a result of any cause whatsoever, regardless of whether or not such loss, damage, or
personal injury was caused by or contributed to by Company's negligence to any degree or failure to perform any
obligation or strict products liability, such liability will be limited to an amount equal to six (6) times the monthly payment
paid by you to Company at the time such liability is fixed, or to the sum of $250.00, whichever is greater. If Subscriber
wishes to increase Company's maximum amount of such limitation of liability, Subscriber may, as a matter of right, at any
time, by entering into a supplemental agreement, obtain from Company a higher limit by paying an additional amount
consonant with the increase of liability. This shall not be construed as insurance coverage.
Article VI – LEGAL ACTION/ARBITRATION/WAIVER OF CERTAIN RIGHTS
a. You and the Company waive trial by jury in any action between us. Any action by you against Company must be
commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against
Company must be based on the provisions of this agreement. Any other action that you may have or bring against
Company 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. You agree that any claim against Company shall be maintained
solely by you and that you shall neither initiate nor participate in any class action against Company, its subcontractors,
distributors, licensees or licensors.
b. Any dispute between you and Company or arising out of this contract, including issues of arbitrability, shall, at the option
of any party, be determined by arbitration administered by Arbitration Services Inc., under its Commercial Arbitration Rules
http://www.arbitr8ors.com/
.
c. You and the Company submit to the jurisdiction and laws of New York and agree that any litigation or arbitration
between the parties must be commenced and maintained exclusively in Nassau County, New York.
