YOUR HOME SECURITY SERVICES ARE PROVIDED BY BRIGHT HOUSE NETWORKS HOME SECURITY SERVICES, LLC (LICENSE # EF0001140). THIS AGREEMENT IS BETWEEN YOU AND BRIGHT HOUSE NETWORKS HOME SECURITY SERVICES, LLC.
PLEASE READ THIS DOCUMENT AND YOUR “HOME SECURITY WORK ORDER” CAREFULLY. TOGETHER THEY FORM AN “ADDENDUM” TO THE AGREEMENT FOR RESIDENTIAL SERVICES THAT GOVERNS YOUR USE OF BRIGHT HOUSE NETWORKS’ SERVICES.
THE ADDENDUM INCLUDES THESE AND OTHER IMPORTANT TERMS:
THE AGREEMENT FOR RESIDENTIAL SERVICES CONTAINS A BINDING “ARBITRATION CLAUSE,” WHICH SAYS THAT YOU AND BRIGHT HOUSE NETWORKS AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS PART OF THE AGREEMENT FOR RESIDENTIAL SERVICES. SEE SECTION 14 OF THAT AGREEMENT.
Capitalized terms used in this Addendum have special meanings. Unless the capitalized terms are defined in Section 8 of this Addendum, they have the meanings given to them in the Agreement for Residential Services. You can review the Agreement for Residential Services, along with all our Customer Agreements, at http://brighthouse.com/ or by contacting your local Bright House Networks office.
You agree with Bright House Networks Home Security Services, LLC as follows:
1. No Minimum Term
(a) Home Security Services are provided on a month-to-month basis and cancellable by you at anytime, subject to full payment of installation costs and any Unreturned Equipment Fees.
(b) YOU WILL BE SUBJECT TO AN UNRETURNED EQUIPMENT FEE NOT TO EXCEED $375 IF YOU FAIL TO RETURN THE BRIGHT HOUSE NETWORKS EQUIPMENT UPON TERMINATION OF YOUR HOME SECURITY SERVICES OR IF THE RETURNED EQUIPMENT IS DAMAGED (“UNRETURNED EQUIPMENT FEE”).
2. What We Do When an Alarm is Triggered.
(a) We monitor the Security and Monitoring Equipment from a central monitoring station. If the monitoring station receives a signal indicating that a fire or smoke condition exists, we will use all reasonable efforts to dispatch fire responders to the premises. If an intrusion event is indicated (for example, a door or window has been opened while the system is “armed”), we will use all reasonable efforts to dispatch the appropriate emergency responders. We will attempt to contact you or another person that you have identified before we dispatch emergency responders, but you understand this is not always possible and emergency responders may be dispatched without your knowledge.
(b) If a person at your premises (or another authorized contact person) provides us with a pre-agreed pass code and requests that we disregard an alarm, that we not contact emergency responders, or that we cancel a previous dispatch request to emergency responders, we may (but are not obligated to) attempt to do so.
(c) You must notify us, in advance in writing (including through our secure website), of any person you wish us to contact if a triggering event occurs on your premises. You are responsible for updating and ensuring the accuracy of your contact information.
(d) We may (but are not obligated to) record and retain any communications between your premises and our central monitoring office.
3. Special Financial Responsibilities relating to the Home Security Services
(a) If a third party (in other words, someone other than you, which may include your insurance company) seeks money from Bright House Networks on any claim that relates to our providing the Home Security Services, the Equipment or the Software to you (for example, claiming that these services did not work correctly or that Bright House Networks was negligent in providing these services), you will indemnify us (in other words, make us whole) for any losses, including reasonable attorneys’ fees, that we suffer.
(b) If we are required to pay any fines, penalties or other costs as a result of a “false” alarm at your premises, you will reimburse us for such costs, including reasonable attorneys’ fees. If there are repeated false alarms at your premises, we may terminate your Home Security Service “for cause”.
4. Your Responsibilities Regarding the Security and Monitoring Equipment
(a) The Bright House Networks Equipment belongs to us and must be returned to us if you cease to receive the Home Security Services for any reason.
(b) The Bright House Networks Equipment is linked to the address on your Home Security Work Order. You may not use the Bright House Networks Equipment with another security service provider or move it to another location. If you do, the equipment may not operate properly or emergency responders may not be able to find the premises where it is then located. In such case, we will not be responsible for any resulting failure of the Home Security Services.
(c) You will use the Home Security Services in a manner that is consistent with the instructions and other materials that we provide to you and will report any problems with the Home Security Services to us as promptly as possible.
(d) If the law in your area requires that you hold a license or permit for the installation, use or monitoring of the Home Security Services, you agree to maintain such a license or permit and provide us with your license or permit number if we request it. In some areas, we may be able to obtain a required license or permit on your behalf. In any event, you agree to provide us with your license or permit number by placing it in your subscriber portal. You will be responsible for the cost of any license or permit described in this paragraph.
(e) The fire warning equipment available to you as a Home Security Services customer is not intended to replace fire warning equipment that is required in order to satisfy building code and fire protection requirements in your area. We recommend that you have and maintain a fire warning system that satisfies building code and fire protection requirements in your area in addition to anything you purchase from us in connection with your Home Security Services.
(f) We will not test or inspect any fire warning equipment other than the fire warning equipment that we install. You are responsible for determining whether your non-Bright House Networks fire warning system and equipment complies with applicable building code and fire protection requirements in your area, and for ensuring that any such system is working properly.
(g) You are responsible for determining the Home Security Services package that best meets your needs. You are not relying on our skill or judgment in making this determination and we cannot accept any responsibility for your choices.
(h) In order to be eligible for Home Security Services you must subscribe to Bright House Networks standard level of broadband service or higher. We may terminate your Home Security Services “for cause” if you fail to maintain this level of broadband service with Bright House Networks.
5. If You Have Service Problems, You May Be Entitled to a Credit
(a) We will attempt to correct Home Security Services problems caused by the Bright House Networks Equipment or Software but we are not required to install, service, or replace other equipment (including Customer Owned Equipment) or software. Depending on the circumstances, we may charge you for service calls.
(b) Bright House Networks has no liability for service interruptions except that, if you lose your Home Security Services for more than 24 consecutive hours and the cause of the outage was within our reasonable control, we will provide you a pro rata credit for that period if you request one. All credit requests must be made within 30 days of your next bill following the outage or service issue.
(c) We have no responsibility for service problems that are beyond our reasonable control. Examples of problems beyond our reasonable control include those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses or strikes.
6. Our Services are Not Guaranteed and Our Liability is Limited
(a) We operate the Home Security Services, which is electrically powered, over our broadband network. If, for any reason, the Bright House Networks Equipment or any portion of our cable system is unable to carry broadband communications (for example, due to power or equipment problems) or if your home or area experiences power or equipment problems, the Home Security Services may not work correctly or may not work at all.
(b) The Home Security Services may include a battery and/or a wireless back-up designed to enable communication with the central monitoring office during some types of outages. However, these back-ups may not work correctly, or may not work at all. The availability of a wireless back-up depends on the availability and quality of wireless coverage in your area and the status of our arrangements with any wireless providers that may provide such coverage.
(c) We will conduct cable system maintenance from time to time that may interrupt the Home Security Services.
(d) WE PROVIDE CUSTOMER-OWNED EQUIPMENT TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING SO-CALLED “IMPLIED” WARRANTIES (SUCH AS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICES ARE NOT GUARANTEED TO WORK OR TO BE ERROR FREE. THE SERVICES, EQUIPMENT AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THIS INCLUDES SO-CALLED “IMPLIED WARRANTIES” (SUCH AS THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). AMONG OTHER THINGS, WE DO NOT WARRANT THAT THE HOME SECURITY SERVICES, THE EQUIPMENT OR THE SOFTWARE WILL PREVENT OR PROTECT AGAINST ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. IF THE LAW WHERE YOU LIVE SAYS WE CAN NOT EXCLUDE CERTAIN WARRANTIES, THEN THOSE WARRANTIES ARE NOT EXCLUDED.
(e) WHEN YOU PURCHASE HOME SECURITY SERVICES OR LEASE OR PURCHASE EQUIPMENT FROM US, YOU ARE NOT PURCHASING INSURANCE. YOU ASSUME ALL RISKS FOR LOSSES OR DAMAGES TO PEOPLE, PREMISES AND BELONGINGS. YOU WILL INSURE AGAINST SUCH RISKS BY PURCHASING INSURANCE FROM A QUALIFIED INSURANCE COMPANY.
(f) EXCEPT FOR THE SERVICE INTERRUPTION CREDITS DESCRIBED IN SECTION 5 OF THIS ADDENDUM, BRIGHT HOUSE NETWORKS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US, REGARDLESS OF THE BASIS OF ANY CLAIM, INCLUDING LOSSES OR DAMAGES CAUSED BY OR CONTRIBUTED TO BY OUR NEGLIGENCE (INCLUDING IN SELECTING, INSTALLING AND MONITORING THE EQUIPMENT) OR OUR ACTIONS OR FAILURE TO ACT UNDER ANY CIRCUMSTANCES (INCLUDING IN RESPECT OF SCHEDULING AND KEEPING INSTALLATION AND SERVICE CALLS).
(g) BRIGHT HOUSE NETWORKS WILL NOT BE REQUIRED TO PROVIDE COMPENSATION TO YOU IN EXCESS OF $1,000 UNDER ANY CIRCUMSTANCES. BRIGHT HOUSE NETWORKS WILL NOT BE LIABLE TO ANY THIRD PARTY, INCLUDING YOUR INSURANCE COMPANY, FOR ANY REASON RELATING TO THE PROVISION OF, OR FAILURE TO PROVIDE, THE HOME SECURITY SERVICES, THE EQUIPMENT, OR THE SOFTWARE. YOU WAIVE (IN OTHER WORDS, GIVE UP) ANY RIGHT YOU MAY HAVE TO GIVE YOUR INSURANCE COMPANY THE POWER TO SUE BRIGHT HOUSE NETWORKS (WHICH IS KNOWN AS “SUBROGATION”).
(h) IF YOU RECOVER ANY LOSSES OR DAMAGES FROM AN INSURANCE COMPANY IN CONNECTION WITH ANY CLAIM THAT RELATES TO OUR PROVISION OF THE HOME SECURITY SERVICES, THE EQUIPMENT OR THE SOFTWARE, YOU RELEASE BRIGHT HOUSE NETWORKS FROM ANY OBLIGATION TO PAY YOU ANY SUCH AMOUNTS AND FOR ALL INSURANCE DEDUCTIBLES RELATING TO THE POLICY GIVING RISE TO SUCH RECOVERY.
7. You are Agreeing to Limit Your Legal Rights
(a) You waive (in other words, give up) the right to commence any proceeding against Bright House Networks if the relevant events occurred more than one (1) year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified Bright House Networks in writing of the events giving rise to the proceeding within one (1) year of their occurrence.
(b) Under Section 14 of the Agreement for Residential Services, each of us agrees to submit certain Disputes to arbitration for resolution. You may opt out of this arbitration provision. If you do so, neither you nor Bright House Networks can require the other to participate in an arbitration proceeding. To opt out, you must notify Bright House Networks in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Bright House Networks Home Security Services, LLC
700 Carillon Parkway, Suite 1
St. Petersburg, Florida 33716
Attn: Arbitration Opt-out
(c) Any Dispute involving an individual’s claim for property damage in excess of $25,000, personal injury or death that arises out of or relates to our having provided the Home Security Services, the Software or the Equipment to you, must be brought in a court of law having appropriate jurisdiction and may not be submitted to arbitration.
(d) Any claim properly brought in a court of law in connection with our Customer Agreements (including this Addendum) shall be heard and decided by a judge, not a jury. Each of us waives the right to a jury trial in any such court proceeding.
(a) “Addendum” means this Home Security Services Addendum, as amended from time to time, together with your Home Security Work Order.
(b) “Customer Agreements” as used herein means this Home Security Services Addendum, the Home Security Work Order, and the Agreement for Residential Services.
(c)“Customer Owned Equipment” means any detectors and related equipment that you purchase from us for use inside your premises in connection with the Home Security Services (e.g. door and motion sensors).
(d) "Equipment" means Security and Monitoring Equipment and other equipment utilized in connection with the Home Security Services. Equipment does not include wiring on your premises.
(e) “Security and Monitoring Equipment” means the Bright House Networks Equipment and the Customer Owned Equipment.
(f)"Home Security Work Order” means the service order that identifies the Home Security Services you receive. You were provided the Home Security Work Order when we initiated or last serviced your account but if you require a copy, please contact your local Bright House Networks office.
(g) “Software” refers to the software we provide to you in connection with the Home Security Services. This also includes any executable code we provide for use on our Equipment. Your use of the Software will constitute your agreement to comply with the End-User License Agreement and Notice posted at http://brighthouse.com/ which governs your use of any apps used in conjunction with your Home Security Services.
(h) “Bright House Networks Equipment” means the main control panel (e.g. touch screen), the cable modem, and security router that we provide to you in connection with the Home Security Services. This equipment must be returned to us if your Home Security Services are terminated.
9. Conflicts with our other Customer Agreements
(a) The Home Security Services Addendum forms part of your Agreement for Residential Services. As a result, the terms and conditions of the other Customer Agreements referred to in the Agreement for Residential Services also apply to the Home Security Services.
(b) In the event of a direct conflict between the terms of the Home Security Services Addendum and the Agreement for Residential Services and/or our other Customer Agreements, the terms of this Addendum shall control but only with respect to the Home Security Services.
(c) In the event of a direct conflict between the terms of this document and the Home Security Work Order, the terms of this document will control.
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