AMP LLC Terms & Conditions
P.O. Box 1926
Studio City, CA 91691
1. DISCLOSURE. Federal law [Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001-7031] permits you to agree to the receipt and access of certain documents and communications in electronic form, notwithstanding any requirement for written copies. Pursuant to this Consumer Disclosure and Consent to Electronic Communications you consent to receive and to be provided with electronic copies of all documents and communications as defined below. Please save or print a copy of this document for your records.
2. CONSENT TO ELECTRONIC DELIVERY. You (Subscriber) agree to receive all documents and communications including but not limited to agreements, terms and conditions, bills for services, statutory notices, correspondence and disclosures required by law to be in writing, (“Documents and Communications”) from AMP LLC (hereinafter referred to as “AMP” or “COMPANY”) in an electronic format, (“Electronic Communications”).You acknowledge that you are able to receive and retain such Electronic Communications by printing, downloading or saving them to your electronic device. You accept any Electronic Communications provided by AMP as reasonable and proper notice in full satisfaction of any law or regulation requiring that such Documents and Communications be provided to you in writing, or in a form that you have the ability to retain. You agree that you are solely responsible for notifying AMP of any changes to your email address, and agree to keep it up to date by writing to AMP at firstname.lastname@example.org.
3. RIGHT TO MODIFY TERMS. AMP reserves the right, in its sole discretion, to modify the terms and conditions of these Terms and Conditions. If required by law AMP shall notify you of any modification to the Terms and Conditions.
NOTICE: CERTAIN PROVISIONS IN THIS AGREEMENT MAY NOT APPLY IN THE JURISDICTION WHERE THIS AGREEMENT IS TO BE ENFORCED.
4. PANIC ALARM AND/OR MEDICAL ALERT (PERS – PERSONAL EMERGENCY RESPONSE SYSTEM): AMP offers software technology which permits Subscribers to download AMP’s software application to their smartphones or other mobile device. Subscribers may send a panic alarm and / or medical alert to AMP’s designated monitoring communication center. AMP does not provide any equipment and does not perform the monitoring services. As the owner of certain software technology AMP licenses to Subscriber the use of the software pursuant to the terms of this agreement and only so long as Subscriber performs all obligations under this agreement.
5. EQUIPMENT AND COMMUNICATION LIMITATIONS AND CONDITIONS: AMP’s software is an application to be downloaded into Subscriber’s smartphone or other mobile device. AMP has not supplied the smartphone or other mobile device and has no responsibility for the operation of the smartphone or other mobile device. GPS is a built in feature of the smartphone or other mobile device and AMP has no liability for the operation or effectiveness of the GPS feature. Subscriber acknowledges that signals which are transmitted by a cellular smartphone or other mobile device pass through communication networks wholly beyond the control of AMP and are not maintained by AMP and, therefore, AMP shall not be responsible for any equipment failure which prevents transmission signals from reaching the monitoring communications center or damages arising therefrom. Subscriber acknowledges that AMP provides no response to a medical alert system signal except notification to the appropriate party. AMP may, without prior notice, suspend or terminate its services, in event of Subscriber’s default in performance of this agreement or in event designee monitoring communication center facility or monitoring communication center network is nonoperational or Subscriber’s system is sending excessive communication. Should AMP 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 Subscriber agrees to pay AMP for such service or material.
6. WIRELESS CAPABILITIES / EXCESSIVE DATA USAGE: PERS Systems (Personal Emergency Response Systems) communicate by communication pathways which are not owned by AMP. AMP does not provide cellular or Internet service, maintain Internet connection, wireless access or other communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server except AMP may own its own radio pathway and remote servers, through which data passes and may be stored. In consideration of Subscriber making its monthly payments for remote access to the system and any remote servers maintained by AMP or z, AMP will authorize Subscriber access. AMP is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's PERS system can be compromised if the codes or devices used for access are lost or accessed by others and AMP shall have no liability for such unauthorized access. AMP 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 the Subscriber's responsibility to secure access to the system with pass codes and lock out codes. Electronic data may not be encrypted and wireless components of the PERS System may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology or any other established criteria for encryption and AMP shall have no liability for access to the PERS System by others by hacking or otherwise. AMP is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. AMP shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein.
7. GPS MONITORING / MOBILE TRACKING: Subscriber will download AMP’s APP to Subscriber’s GPS enabled cellular device which software enables AMP to monitor the location of Subscriber’s cellular device via the cellular network selected by Subscriber for the duration of this agreement. AMP is licensed to monitor the APP by the APP Manufacturer.
Mobile Tracking is designed to track individuals who will have on their person the Mobile Tracking Device or Internet connected device with software tracking APP. The device will work only within the 50 United States in areas where mobile tracking has coverage and AMP has no control over such coverage. Mobile Device or APP may not be able to be tracked with exact precision; only ground level locations can be determined; AMP cannot determine locations within a building or any structure. AMP will have no liability for inability to report exact location at any particular time, but AMP will use its best efforts to report all available tracking information. AMP is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. AMP shall monitor tracking signals and communications received from the tracking device, or software APP. Upon Subscriber’s activation of the device or Software APP, AMP shall make every reasonable effort to locate the tracking device and if appropriate notify the police, fire, medical EMT, or other municipal authority deemed appropriate in AMP ’s absolute discretion.
8. PERS SYSTEM MONITORING CENTER MONITORING: Upon receipt of a signal, AMP or its designated Monitoring Center shall make every reasonable effort to notify the appropriate municipal police, fire, medical, EMT, emergency personal response service or person designated by Subscriber in Subscriber’s Call List to receive notification. Subscriber acknowledges that signals which are transmitted over cellular networks, telephone lines, internet, VOIP, or other modes of communication pass through communication networks which are beyond the control of AMP and are not maintained by AMP, and therefore AMP shall not be responsible for any equipment failure which prevents transmission signals from reaching the Monitoring Center or damages arising as a result thereof, or for data corruption, theft or viruses to Subscriber’s wireless device if connected to the PERS System communication equipment.
SUBSCRIBER ACKNOWLEDGES THAT AMP PROVIDES NO RESPONSE TO A PERS SYSTEM SIGNAL OTHER THAN NOTIFICATION TO THE APPROPRIATE PARTY, AND THAT THE PROVISIONS OF THIS AGREEMENT EXCULPATING AND LIMITING AMP'S LIABILITY ARE FULLY APPLICABLE TO THE PERS SYSTEM SERVICE.
9. LIMITED WARRANTY: Except as set forth in this agreement, AMP makes no express warranties as to any matter whatsoever, and AMP shall not be liable for consequential damages. AMP does not represent nor warrant that the PERS may not be compromised or circumvented, or that the system will prevent any loss; or that the system will in all cases provide the protection for which it is designed. AMP expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. AMP shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by AMP shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on AMP's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement. It is Subscriber’s responsibility to maintain the PERS system in working order and Subscriber remains liable for all payments under this Agreement notwithstanding the operation of the PERS system. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
10. SUBSCRIBER'S CARE OF EQUIPMENT / REPAIRS AND ADDITIONS: AMP has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the AMP APP not to operate or perform as designed. AMP’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. AMP is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to AMP as soon as practical.
11. TELEPHONE SERVICE MAY BE NECESSARY AND SUBSCRIBER’S RESPONSIBILITY: Subscriber agrees that it is Subscriber’s responsibility to provide appropriate communication pathways. AMP has no control over these pathways and no responsibility for communication failure. AMP has no control over the Subscriber owned hardware device the Subscriber installs the APP software on, the device’s operating system, security settings, changes made by common carriers, or other software programs that might conflict with or cause the APP not to operate or perform as designed. AMP’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. AMP is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to AMP as soon as practical
12. DELAY IN INSTALLATION: AMP shall not be liable for any damage or loss sustained by Subscriber as a result of equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes preventing AMP’s designated monitoring communication center from monitoring signals, including AMP's negligence in the performance of this agreement, and Subscriber shall not be relieved from payments due under this agreement for such period.
13. ASSIGNMENT / WAIVER OF SUBROGATION: Subscriber shall not be permitted to assign this agreement without written consent of AMP which shall not unreasonably be withheld. Any such assignment without prior approval shall be deemed a breach of this agreement. AMP shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations created herein upon such assignment. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against AMP or AMP 's subcontractors arising out of this agreement , the relation of the parties, or extra-contractual duty.
14. INDEMNITY: Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless AMP, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by AMP’S performance, negligence or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third-party beneficiaries of this agreement.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEEMENT CONTAINS AN INDEMNITY CLAUSE.
15. TERMINATION OF AGREEMENT AND SERVICES: Upon termination of this agreement AMP shall be permitted to discontinue all monitoring service.
16. LEGAL ACTION / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING ARBITRATION:
The prevailing party in any litigation or arbitration is entitled to recover its reasonable legal fees from the other party. In any action commenced by AMP against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. SUBSCRIBER AGREES THAT SUBSCRIBER MAY BRING CLAIMS AGAINST AMP ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC. AND THE FEDERAL ARBITRATION ACT, OR ITS SUCCESSORS OR ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM, EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement and is authorized to conduct proceedings by telephone, video or by submission of papers. By agreeing to this arbitration provision you are waiving your right to a jury trial, waiving your right to appeal the arbitration award and waiving your right to participate in a class action. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service.
The parties waive trial by jury in any action between them unless prohibited by law. Any action between the parties must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings by either party must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against AMP 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. The parties submit to the jurisdiction and laws of California, except for arbitration which is governed by the FAA and agree that any litigation or arbitration between the parties may be commenced and maintained in the county where AMP’s principal place of business is located.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT SUBSCRIBER IS WAIVING SUBSCRIBER’S RIGHT TO TRIAL IN A COURT OF LAW AND OTHER RIGHTS.
17. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to AMP any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon AMP because of this agreement. Should AMP be required by existing or here after enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay AMP for such service or material.
18. FALSE ALARMS / PERMIT FEES / WITNESS FEES: Subscriber agrees to reimburse AMP for any fees or fines relating to false alarms. AMP shall have no liability for false alarms, false alarm fines, police, medical EMT or fire response, any damage to personal or real property or personal injury caused by EMT, police, fire department or any other responders response to emergency conditions, whether false alarm or otherwise, or the refusal of the police, medical, EMT, or fire department to respond or the manner in which police or fire department responds. In the event of termination of police medical, fire, or EMT response service this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should AMP 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 Subscriber agrees to pay AMP for such service or material. AMP shall have no liability for police, fire, medical or EMT non-response, response, or any damage to person or property in connection with any emergency condition reported by AMP or its designated Monitoring Center in response to a signal received from Subscriber’s PERS. In the event Subscriber or any third party subpoenas or summons AMP requiring any services or appearances, Subscriber agrees to pay AMP $150 per hour for such services and appearances. Subscriber shall reimburse AMP for any Monitoring Center charges for excessive, run-a-way or false alarm signals.
19. AMP'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that AMP is authorized and permitted to subcontract any services to be provided by AMP to third parties who may be independent of AMP and that AMP shall not be liable for any loss, damage or injury sustained by Subscriber by reason of any other cause whatsoever caused by the negligence of third parties, except that AMP shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints AMP to act as Subscriber’s agent with respect to such third parties, Subscriber acknowledges that this agreement, and particularly those paragraphs relating to AMP's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of AMP.
20. NO WARRANTIES OR REPRESENTATIONS: SUBSCRIBER'S EXCLUSIVE REMEDY: AMP does not represent nor warrant that the PERS System will prevent any loss, damage or injury, or that the PERS System will in all cases provide the protection for which it is installed or intended. Subscriber acknowledges that AMP is not an insurer, and that Subscriber assumes all risk for loss or injury to Subscriber's property or person. AMP has made no representation or warranties, and hereby disclaims any warranty of merchantability or fitness for any particular use. Subscriber's exclusive remedy for AMP's default hereunder is to require AMP to replace, at AMP's option, any part of the PERS System which is non-operational. AMP has no control over the hardware device the Subscriber installs the APP software on, the device’s operating system, or other software programs that might conflict with or cause the AMP APP not to operate or perform as designed. AMP’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. AMP is not liable for any losses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to AMP as soon as practical.
21. EXCULPATORY CLAUSE: AMP and Subscriber agree that AMP is not an insurer and no insurance coverage is offered herein. The PERS system and AMP’s services are designed to detect and reduce certain risks of loss, though AMP does not guarantee that no loss or damage will occur. AMP is not assuming liability, and, therefore, shall not be liable to Subscriber or any other third party for any loss, economic or non-economic, in contract or tort, data corruption or inability to retrieve data, personal injury, death or property damage sustained by Subscriber as a result of equipment failure, human error or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by AMP’s breach of contract, negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty, except for intentional willful misconduct.
22. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF AMP AS A RESULT OF AMP'S BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF AMP'S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, WHETHER ECONOMIC OR NON-ECONOMIC, IN CONTRACT OR IN TORT, THAT AMP'S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE AMP'S AMOUNT OF LIMITATION OF LIABILITY, SUBSCRIBER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH AMP'S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN EXCULPATORY CLAUSE, INSURANCE PROVISION ALLOCATING ALL RISK TO SUBSCRIBER AND LIMITATION OF LIABILITY PROVISION.
23. PERSONAL MEDICAL DISCLOSURE AUTHORIZATION: Any medical or other personal information provided by Subscriber to AMP may be disclosed by AMP to any police, fire, EMT personnel or medical personnel, (First Responders) or anyone on Subscriber’s Call List requesting same. AMP DOES NOT RESPOND TO SUBSCRIBER’S LOCATION AND DOES NOT PROVIDE ANY MEDICAL OR EMERGENCY ADVICE. SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER CANNOT RELY ON ANY STATEMENT OR ASSURANCES BY MONITORING CENTER OPERATORS WHO CONTACT SUBSCRIBER IN RESPONSE TO A SIGNAL AND ANY STATEMENTS ARE INTENDED TO CALM SUBSCRIBER DURING AN EMERGENCY SITUATION.
24. FULL AGREEMENT/SEVERABILITY: This agreement constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern. Should any provision of this agreement be deemed void, the remaining parts shall be enforceable.