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BY USING THIS WEBSITE (IPAUTODIALER.COM) AND/OR USING IP AUTO DIALER’S PRODUCTS, SOFTWARE AND/OR SERVICES, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRETY OF THIS AGREEMENT, INCLUDING ANY AMENDMENTS OR REVISIONS, AND UNDERSTAND ALL THE TERMS AND CONDITIONS FOUND HEREIN.

  1. Definitions

This section will define certain terms as used throughout this Agreement. “Agreement” shall refer to these Terms and Conditions. “Product”, “Software”, “Services” shall mean the Hardware, Cables, Sensors, Remotes, Sirens, File Storage Devices, Power Sources, Software Applications, Mobile Apps, Notification Services and Connectivity Services, which You have purchased, aquired or use. “Premise” shall mean the location where You install, monitor or use the Product. “Company” and “IP Auto Dialer” shall refer to and include IP Auto Dialer, LLC, its owners, directors, sharholders, partners, independent contractors, subcontractors, employees, retailers, agents and assigns. “You” and “Your” shall refer to an individual(s) or entity that purchases, aquires and/or uses the Product, Software and/or Services, downloads any software application, enrolls in any services and/or executes this Agreement.

  1. Limitation of Liability, Waiver and Liquidated Damages

It is understood and agreed that IP Auto Dialer, the Company, is not an insurance company or insurer and is not issuing a policy for insurance. Products, Software and Services are not a substitute for an insurance policy. You fully acknowledge and agree that the Product, Software and Services in no way offer guarrenteed protection from burglary, theft, robbery, property damage, vandelism, trespassing or any other crimial activites. You acknowledge and agree that the Product, Software and Services do not protect or offer guarrenteed prevention of loss, fire, flood, injury, or property damage. You agreed to look soley to your insurer to recover any loss incurred while using the Product, Software and/or Services, including but not limited to property damage, injury, theft and/or expenses incurred. You agree to look soley to your insurer in response to any claim for bodily injury, personal injury, property damage and/or invasion of privacy, including claims made by or against you. You hearby release IP Auto Dialer from any and all loss, damage and/or expense which may occur as a result of Your use, misuse or attempted use of the Product, Software and Services, including but not limited to, the failure of the Product, Software or Service to perform any or all functions. Your failure to comply with any relevant rule, regulation, statue, code, law or ordinance, and any act or omission of IP Auto Dialer.

You understand and agree that Your recovery of damages against the Company for any failure or alleged failure of the Product, Software or Service, shall be limited to the amount You paid for the Product, Software or Service. In no event will the Company be liable to you for any loss of profits, loss of assets, indirect, special or consequential damages, bodily injury, medical condition, death, property loss, or any loss, damage or expense resulting from use, attempted use, misuse, deactivation of any or all products, software or services, or alledged failure of the Product, Software and/or Services. This limitation of liability shall apply irrespective of cause and regardless of whether such a lawsuit or other claim is based upon active or passive negligence, breach of express or implied contact or warrenty, contribution, indemnification, strict or product liability, failure to comply with any applicable law, or any other fault or failure of Alam Lab, or the Product, Software, and/or Services.

You acknowledge and agree that this limitation of liability does not conflict with any other provision in this agreement and this limitation of liability provision does not render any other provision of this agreement ambiguous.

  1. Limited Warrenty

IP Auto Dialer warrents the Product(s) against defects in materials and workmanship when used as instructed by IP Auto Dialer manuals and instructions for a period of one (1) year from Your date of purchase. The warrenty is null and void in the case of physical damage and/or altercation of the Product and/or the Product’s Software that occurs to the Product, including but not limited to the removal or replacment of electronic components, incorrect usage of batteries or power sources, removal or opening of Product’s casing or shell, modification of Product through data ports and or any attempt to access the interior of the Product, with exception of correct battery replacement, and/or any attempt to circumvent or alter the Product’s prescribed operation.

IP Auto Dialers limited warrenty covers only defect arising from normal usage of the Product, Software and Services in accordance with relevent product, software and service information provided by the Company. This Limited Warrenty does not cover damage or device failures, including but not limited to those arising from: 1) incorrect maintainance and usage of the Products, Software and/or Services, 2) use of thrid party-products, softwares or services not provided by IP Auto Dialer, and/or the Company, 3) operation outside specifications set forth in user manuals and/or applicable documentation, 4) abuse or neglect of the product, 5) normal wear and tear, and/or 6) unauthorized modification, alteration or misuse of product(s), software(s) and or service(s).

  1. Indemnification and Subrogation Waiver

In the event that any lawsuit or any claim is filed or made by any third party against IP Auto Dialer, which is based on or arises from use of Products, Software and/or Services, including by not limited to claims that the Product, Software and/or Services failed to perform in any respect whatsoever, You agree to be solely responsible for and shall indemnify, save, defend and hold IP Auto Dialer harmless from and against all such claims including payment of damages, expenses, costs and legal fees incurred by the Company in response to any claim or lawsuit. Your obligation to indemify applies irrespective of cause and regardless of basis of the lawsuit or claim.

You agree to indemnify, save, defend and hold IP Auto Dialer harmless from all lawsuits and/or claims for subrogation which may be brought against the Company by any insurer or insurance company or its agents or assigns, including the payment of damages, expenses, costs and legal fees incurred by the Company as a result of such lawsuit and/or claim for subrogation. You hearby waive all claims for recovery against the Company by any insurer for any loss or damage to any property or loss insured under any valid or collectible insurance policies. This waiver of subrogation right shall extent to all forms of sobrogation. In no event may You enter into any settlement or agreement with a third party that affects IP Auto Dialer’s rights or binds the Company in any way, without prior express written consent from the Company.

  1. Exclusions and Limitions

No part of this agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited. Only the limitations set forth in this agreement that are lawful in the jurisdiction in which the use of the Product, Software and/or Services gives rise to alleged damage or loss may apply to You and liability of the Company will be limited to the extent permitted by law.

  1. Waiver and Severability of Terms

In the event IP Auto Dialer does not exercise or enforce any right or provision set forth in this Agreement, such action shall not constitute a waiver of any right or provision provided to IP Auto Dialer. In the event that a court of competent jurisdiction find any provision in this Agreement to be invalid, You and the Company agree that the court should endeavor to give effect to the parties’ intentions as reflected in the specific provision at issue, and all other provisions of this agreement shall remain in full force and effect.

  1. Statute of Limitations

You agree that regardless of any statute or law to the contrary, all claims, actions, requests and/or proceedings against IP Auto Dialer must be commenced in an appropriate court within one (1) year from the date of an event that resulted in any loss or injury that initiated above stated action.

  1. No Third Party Beneficiaries

You agree that there shall be, and there are, no third party beneficiaries to this Agreement

  1. Limits on Quantity and Type of Notifications

You acknowledge and agree that there may be limits set on the quantity of notifications sent via SMS, Voice Call or through any communication. The limits may vary depending on your location in the world and you will be notified when you have reached these limits. The Company is not responsible for loss or injury resulting from Your failure to receive a notification for any reason, including by not limited to Your connectivity, exceeding the systems notification limit, inability to access notification.

You acknowledge and agree that there may be circumstances that require the type of notification to be modified by You or the Company, and the Company will not be held responsible for any loss or injury resulting from a change in type of notification. You understand the product is of a do-it-yourself nature and You are solely responsible for setup, configuration and confirmation of function of the Company’s Products, Software and Services.

  1. Binding Agreement; Amendments; General Legal Matters

This Agreement becomes binding when You purchase the Product, Software and/or Services. If any term, provision or condition of this Agreement, or the application thereof shall be held to be invalid or void, the remainder of this Agreement and such term, provision, or condition as applied shall remain in full force and effect. Changes or amendments to this Agreement must be expressly written and agreed to by the Company and You to be binding. This Agreement is binding on Your heirs, executors, administrators, and successors, and shall be governed by and construed in accordance with the laws of the State of Minnesota without reference to its conflicts of law rules. The interpretation of this Agreement shall not be construed against the drafter.

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