Terms of Service
These Terms of Service are incorporated by reference into the License and Lease Agreement (“Agreement”) between Silent Beacon, LLC (“SBL”) and Customer. All terms used herein but not defined herein shall have the meanings set forth in the Agreement.
6.1THE PARTIES ACKNOWLEDGE THAT (I) THE RISK OF LOSS OR BODILY HARM, INJURY OR DEATH, AND THE POTENTIAL LIABILITY FOR SUCH LOSSES, EXISTS BEFORE, AND IS INDEPENDENT OF, THE PROVISION OF THE SYSTEM AND SERVICES BY SBL TO CUSTOMER, (II) PERSONAL SAFETY AND MONITORING SYSTEMS DO NOT CREATE, NOR DO THEY INCREASE OR DECREASE, THE RISK OR EXTENT OF SUCH LOSSES, (III) SBL DOES NOT AND CANNOT CONTROL THE SITUATIONS OR EVENTS THAT GIVE RISE TO THE OCCURRENCES (MEDICAL EMERGENCIES, FIRES, CRIMINAL ACTIVITY, ETC.) OR THE CONSEQUENCES THEREOF (PROPERTY LOSS, PERSONAL INJURY, ETC.) THAT THE SYSTEM IS INTENDED TO AVERT OR DETECT, AND (IV) BECAUSE OF THE UNIQUE NATURE OF THE SYSTEM, THE PARTIES HAVE AGREED THAT SBL’S LIABILITY SHOULD BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THEAGREEMENT.
6.2IN NO EVENT WILL SBL BE LIABLE TO CUSTOMER OR ANY THIRD–PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SYSTEM OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SBL BE LIABLE TO CUSTOMER, ANY ENDUSER OR ANY THIRD–PARTY FOR ANY LOSS FROM PERSONAL INJURY OR DEATH, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, ARISING OUT OF CUSTOMER’S OR ANY END USER’S USE OF, OR INABILITY TO USE, THE SYSTEM, OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES.
6.3SBL’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER AND ANY THIRD–PARTY SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER TO SBL FOR A BEACON FOR AN END USER UNDER THE AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED, EXCLUDING ANY PASS-THROUGH COSTS.
6.4Customer and SBL specifically understand that (i) SBL, in providing the SBLSystem, may serve as a conduit for information and services provided by third–parties and that SBL may rely on such information and services, (ii) the System communicates with the SBLmonitoring facility over internet (iii) these transmission systems are beyond the control of SBLand are maintained and serviced solely by the applicable network or telecommunications provider, (iv) the transmission systems may not always be reliable, and (v) any changes made to these transmission systems may disrupt communication from the System or between Beacons, without notice from the Customer, SBL will have no way to know of such problem. CUSTOMER UNDERSTANDS THAT SBL WILL NOT RECEIVE SIGNALS FROM THE SYSTEM IF THE CUSTOMER’S TRANSMISSION SYSTEM IS NOT SET UP, NOT WORKING PROPERLY, LOSSES POWER OR CONNECTIVITY OR IF CHANGES IN THE TRANSMISSION SYSTEM PREVENT COMMUNICATION WITH SBL. CUSTOMER IS RESPONSIBLE FOR TESTING THE SYSTEM ON A WEEKLY BASIS, AS WELL AS IMMEDIATELY FOLLOWING ANY CHANGE TO THE TRANSMISSION SYSTEM. Customer will immediately notify SBL and its End Users of any problems with the System or loss of connectivity. SBL assumes no responsibility or liability for the accuracy, completeness, propriety, or legality of information which may be provided, directly or indirectly, by or on behalf of Customer, any End User or any third–party, or of the Services to which such information may relate.
7.2 Termination by SBL. SBL may terminate the Agreement prior to the expiration of the Term if: the Customer fails to make any payment to SBL as and when required in accordance with the terms hereof; (b) the Customer materially breaches any other provision of theAgreement and fails to remedy such breach within twenty (20) days of receipt of notice from SBL of such breach; or c) it determines to do so, with or without cause, upon thirty (30) days prior notice.
7.5.Effect of Termination or Expiration. Upon termination or expiration of theAgreement: (a) the Customer shall pay all amounts due hereunder within ten (10) days; (b) all outstanding orders shall be automatically cancelled; (c) the Customer shall return all Beacons in the same condition as when delivered subject to normal wear and tear.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
This Terms of Service Policy was last updated July, 2023.