Re: FYI ADT fans

[J. <jsloud2001<removeme>@netscape.net>]

Here's the actual contract.  It looks like the termination charge is
in paragraph 2 and the increase incharges is in paragraph 3.  In
gerenal, ADT systems sold by the company are sold outright to the
homeowner.  Dealer systems and reactivations sometimes remain property
of the company.

https://www.adt.com/wps/portal/adt/legal?wgc=ca_contract_tc

1. PAYMENTS; TERM; CONSUMER REPORT. All charges are payable in
advance. The initial term of this Contract is for two (2) years. Our
alarm monitoring and notification services will begin when the
equipment is installed and is operational, and when the necessary
communications connection is completed. This Contract will
automatically renew for successive thirty (30) day terms unless
terminated by either party's written notice at least thirty (30) days
before the end of the then-current term. If terminated, this Contract
ends on the last day of the then-current term. You authorize us to
obtain a NON-INVESTIGATIVE CONSUMER REPORT about you from a consumer
reporting agency at any time during the term.

2. YOUR EARLY TERMINATION OF THIS CONTRACT. YOU AGREE THAT THE CHARGES
DUE UNDER THIS CONTRACT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND TO
PAY FOR THE SERVICES FOR TWO (2) FULL YEARS. ACCORDINGLY, YOU AGREE
THAT: IF YOU TERMINATE THIS CONTRACT DURING THE FIRST YEAR, YOU WILL
PAY US $450.00, IF YOU TERMINATE THIS CONTRACT DURING THE SECOND YEAR,
YOU WILL PAY US $200.00. THESE AMOUNTS ARE AGREED UPON DAMAGES AND ARE
NOT A PENALTY.

3. INCREASES IN CHARGES. We have the right to increase the annual
service charge at any time after the first year. If you give us a
written objection to the increase within thirty (30) days of your
receipt of notice of the increase, and if we do not waive the
increase, then you may terminate this Contract effective thirty (30)
days after our receipt of your written notice of termination. In this
situation, you will not have to pay the early termination charges
described in Paragraph 2.

4. ADDITIONAL CHARGES AND OFFSET RIGHTS. You agree to pay all directly
or indirectly imposed false alarm assessments, taxes, fees or other
charges of any police or fire department, or any other governmental
body. You agree to pay all telephone or signal transmission company
charges for area code, telephone numbering or other changes. You agree
to pay us to reprogram the system if necessary to comply with any area
code, telephone numbering or other changes. You agree to pay to us any
increases in our cost for facilities used for transmitting alarm
signals under this Contract. You agree to pay a service charge if our
representative responds to a service call or alarm at your premises
because you improperly followed operating instructions, failed to
properly lock or close a window, door or other protected point or
improperly adjusted CCTV cameras, monitors or accessories. Upon the
early termination or the expiration of this Contract, you agree that
we have the right to offset against any amounts or credits that we
might owe to you (a) service charges for thirty (30) days, if the
required written termination notice set forth in paragraph 1 above is
not provided by you, (b) the contract termination charges set forth in
paragraph 2 above, and (c) any other additional charges, amounts or
deposits that you owe to us. If the amount of the offset equals or
exceeds the amount that we owe to you or if we owe you a credit of
five dollars ($5.00) or less, you agree that we will not be obligated
to refund any amounts to you and you waive your right to receive this
refund amount.

5. WE ARE NOT AN INSURER. WE ARE NOT AN INSURER AND YOU WILL OBTAIN
FROM AN INSURER ANY INSURANCE YOU DESIRE. THE AMOUNT YOU PAY US IS
BASED UPON THE SERVICES WE PERFORM AND THE LIMITED LIABILITY WE ASSUME
UNDER THIS CONTRACT AND IS UNRELATED TO THE VALUE OF YOUR PROPERTY OR
THE PROPERTY OF OTHERS LOCATED IN YOUR PREMISES. IN THE EVENT OF ANY
LOSS OR INJURY TO ANY PERSON OR PROPERTY, YOU AGREE TO LOOK
EXCLUSIVELY TO YOUR INSURER TO RECOVER DAMAGES. YOU WAIVE ALL
SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER
OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR LOSS OR
INJURY TO ANY OTHER PERSON.

6. NO LIABILITY; LIMITED LIABILITY. IT WILL BE EXTREMELY DIFFICULT TO
DETERMINE THE ACTUAL DAMAGES THAT MAY RESULT FROM OUR FAILURE TO
PERFORM OUR DUTIES UNDER THIS CONTRACT. YOU AGREE THAT WE AND OUR
AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES ARE
EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER
CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES
(INCLUDING INTERNET/WEBSITE SERVICES) WE PERFORM OR THE SYSTEMS WE
PROVIDE UNDER THIS CONTRACT. IF IT IS DETERMINED THAT WE OR ANY OF OUR
AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES ARE
DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY
OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE
GREATER OF $500 OR 10% OF THE ANNUAL SERVICE CHARGE YOU PAY UNDER THIS
CONTRACT. THESE AGREED UPON DAMAGES ARE NOT A PENALTY. THEY ARE YOUR
SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER
CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS
NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT
LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
AT YOUR REQUEST, WE MAY ASSUME ADDITIONAL LIABILITY BY ATTACHING AN
AMENDMENT TO THIS CONTRACT STATING THE EXTENT OF OUR ADDITIONAL
LIABILITY AND THE ADDITIONAL COST TO YOU. YOU AGREE THAT WE ARE NOT AN
INSURER EVEN IF WE ENTER INTO ANY SUCH AN AMENDMENT.

7. EXCLUSIVE DAMAGES REMEDY. YOUR EXCLUSIVE DAMAGE AND LIABILITY
REMEDIES ARE SET FORTH IN PARAGRAPH 6 ABOVE. WE ARE NOT LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

8. HOLD HARMLESS. IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY
ANY OTHER PARTY AGAINST US OR OUR AGENTS, EMPLOYEES, SUBSIDIARIES,
AFFILIATES OR PARENT COMPANIES ARISING OUT OF THE SERVICES WE PERFORM
OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT, YOU AGREE TO BE SOLELY
RESPONSIBLE FOR, AND TO INDEMNIFY AND HOLD US COMPLETELY HARMLESS
FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING YOUR PAYMENT OF ALL
DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. THESE OBLIGATIONS WILL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS CONTRACT. THESE
OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT
OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER
THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE
LAW, OR OTHER FAULT.

9. OTHER PARTY'S LIMITATION. IF YOU PURCHASED OUR SERVICES OR SYSTEMS
THROUGH ANOTHER BUSINESS OR PERSON, OR FROM US THROUGH A REFERRAL FROM
ANOTHER BUSINESS OR PERSON, YOU AGREE THAT SUCH OTHER BUSINESS OR
PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR. SUCH BUSINESS OR
PERSON SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE
PERFORMANCE OR NONPERFORMANCE OF THE SYSTEM OR SERVICES WE PROVIDE
UNDER THIS CONTRACT. WITHOUT LIMITING THE ABOVE, YOU AGREE THAT THE
LIABILITY OF SUCH OTHER BUSINESS OR PERSON IS, IN ANY EVENT, LIMITED
IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT, INCLUDING BUT NOT
LIMITED TO PARAGRAPHS 5, 6, 7, 8, 9 AND 10. YOU AGREE THAT SUCH
BUSINESS OR PERSON AND ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES
AND PARENT COMPANIES MAY INVOKE ALL OF OUR RIGHTS UNDER THESE
PARAGRAPHS.

10. TIME TO FILE LAWSUIT OR OTHER ACTION. YOU AGREE TO FILE ANY
LAWSUIT OR OTHER ACTION YOU MAY HAVE AGAINST US OR OUR AGENTS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES WITHIN ONE (1)
YEAR FROM THE DATE OF THE EVENT THAT CAUSED THE LOSS, DAMAGE OR
LIABILITY.

11. OWNERSHIP. If the system is ADT Owned, we have the right upon
termination of this Contract, to remove, disable or abandon all or any
portion of the ADT Owned system. You are required to provide us access
to the system for removal and we have no obligation to repair or
redecorate your premises after any such removal. We do not waive our
right to collect any unpaid charges by such removal, disablement or
abandonment of the ADT Owned system. If the "Customer-Owned" box is
checked, the equipment will become the property of the Customer upon
payment of the Total Installation Charge including Sales Tax in full.
ADT yard signs and window stickers shall remain the property of and
may be removed by ADT, even if the "Customer -Owned" box is checked.
Your right to display them on your property during the term of this
Contract is not transferable.

12. INSTALLATION. We will install the equipment listed on the first
page of this Contract in a workmanlike manner under the following
conditions: A. Your premises will be available without interruption
during our normal working hours; B. You understand that the
installation will require drilling into various parts of your
premises; C. You will provide us with 110 AC electrical outlets for
our power equipment in locations designated by us; D. You will make
arrangements for lifting and replacing carpeting, if required, for our
installation of floor mats or wiring; E. You warrant that you (1)
requested the equipment and services specified in this Contract for
your own use and not for the benefit of any other party, (2) own the
premises where the equipment is being installed or that you have the
authority to authorize us to install such equipment in the premises,
and (3) will comply with all laws, codes and regulations pertaining to
the equipment we install and the services we provide under this
Contract. Our intent is to conceal wiring in the finished areas of
your premises. However, there may be areas where we determine, in our
sole discretion, it is impractical to conceal the wiring. In such
areas, wiring will be exposed. Upon completion of the installation of
the alarm system, we shall thoroughly instruct you in the proper use
of the alarm system. Failure to substantially commence work within
(20) twenty days from the Estimated Start Date, without legal excuse,
is a violation of the Alarm Company Act. We shall not be liable for
loss due to water intrusion, mold, fungi, wet or dry rot or bacteria.

13. LIMITED WARRANTY. During the first three (3) months after
installation, we will repair or, at our option, replace any defective
part of the System, including wiring, and will make any needed
mechanical adjustments, all at no charge to you. We will use new or
functionally operative parts for replacements. This limited warranty
is for your benefit only, and may not be enforced by any other person.
This limited warranty gives you specific legal rights. The laws of the
state where this Contract was signed may also give you additional
rights. For service call 1-800-ADT-ASAP (1-800-238-2727).

14. EXTENDED LIMITED WARRANTY/QUALITY SERVICE PLAN (QSP). If you
purchased our Extended Limited Warranty, we will repair or, at our
option, replace any part of the System, including batteries, requiring
such repair or replacement due to ordinary wear and tear or
malfunction of the System, but not due to an excluded condition,
below. We will also provide a labor rate discount, at the then current
labor rate discount rate, for each service call for an excluded
condition, below. We will use new or functionally operative parts for
replacements. The Extended Limited Warranty and the billing for it
will commence as of the date the System is installed, operational, and
the necessary communications connection is completed and will continue
for the term of this Contract. The Extended Limited Warranty will
automatically renew for successive thirty (30) day terms at our
then-current Extended Limited Warranty rate unless terminated by
either parties written notice at least thirty (30) days before the end
of the then-current term. If you purchase the Extended Limited
Warranty after the initial system installation, your system must be in
good working condition at the time of the Extended Limited Warranty
purchase. To purchase Extended Limited Warranty call 1-800-238-7085.

15. WARRANTY EXCLUSIONS. We perform warranty services only during our
normal working hours. IF YOU REQUEST US TO PERFORM WARRANTY SERVICES
OUTSIDE OUR NORMAL WORKING HOURS, YOU WILL BE REQUIRED TO PAY US FOR
THE SERVICES AT OUR THEN APPLICABLE RATES FOR LABOR AND PARTS. THE
LIMITED WARRANTY AND, IF PURCHASED, THE EXTENDED LIMITED WARRANTY DO
NOT APPLY IF WE DETERMINE UPON INSPECTION THAT ANY OF THE FOLLOWING
CONDITIONS CAUSED THE NEED FOR SERVICE: A. Damage resulting from
accidents, theft, Acts of God, natural disasters, labor disputes, war,
terrorism, civil strife, electrical surge, alterations or misuse; B.
You fail to properly close or secure a door, window or other point
protected by an alarm device; C. You fail to properly follow the
operating instructions; D. Trouble in a telephone line, use of
non-standard telephone line or service (including but not limited to
DSL, ADSL, VOIP, etc.) or due to interruption of power; E. Repairs
needed to window foil, security screens, exterior mounted devices or
PROM (Programmable Read Only Memory); F. Ordinary maintenance or wear
and tear (not excluded as to Extended Limited Warranty (QSP)); G.
Alterations to your premises; or H. Alterations to the system made at
your request, or made necessary by a change to your premises, damage
to your premises or the alarm system, or for any other cause beyond
our control. If you purchased our Extended Limited Warranty (QSP) we
will provide a labor rate discount, at our then current labor rate
discount, for each service call for an excluded condition, above. We
will not perform warranty services on any device not installed by us.
You must furnish the necessary electrical power through your meter at
your expense to obtain warranty services. Our obligation to provide
replacement or repair service under this Contract shall be conditioned
upon the continued availability of the original part or component from
the original manufacturer.

16. NO OTHER WARRANTIES. OTHER THAN THE LIMITED WARRANTY AND, IF
PURCHASED, THE EXTENDED LIMITED WARRANTY, WE MAKE NO GUARANTEE OR
WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE SERVICES WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT.
YOUR EXCLUSIVE WARRANTY REMEDY IS SET FORTH ABOVE. WE ARE NOT LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES. SOME STATES MAY NOT ALLOW US TO LIMIT THE LENGTH OF AN
IMPLIED WARRANTY OR TO EXCLUDE OR LIMIT INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THE LAWS OF THE STATE WHERE THIS CONTRACT WAS SIGNED WILL
DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.

17. REPAIRS AND PARTS REPLACEMENT. At your request we will repair or
replace the equipment we provided at our then-prevailing prices after
the Limited Warranty and, if purchased, the Extended Limited Warranty
expire. At your request we will also repair or replace anything
excluded from the Limited Warranty and Extended Limited Warranty at
our then-prevailing prices.

18. ALARM MONITORING AND NOTIFICATION SERVICE. We will provide alarm
monitoring and notification services and guard response service if the
first page of this Contract includes a charge for such services. If
you have elected for us to provide alarm service that requires Police
Response, Fire Department Response, Guard Response or Two Way Voice
monitoring services and such an alarm is received at our alarm
monitoring center, we may, at our sole discretion, attempt to contact
you and/or anyone on your Emergency Contact List by telephone/Two Way
Voice to confirm that the alarm is not false. If we fail to contact
you and/or someone on your Emergency Contact List, or if we question
the response we receive upon such contact, we will attempt to notify
the appropriate police department or fire department or, if guard
response service is being provided, we will, for an alarm that
requires police response, endeavor to dispatch a representative to
make an investigation of the exterior of the premises from his vehicle
and, upon evidence of an attack, we will endeavor to notify the
appropriate police department. You agree that we shall have no
liability pertaining to any Two Way Voice communications or Internet
Video recordings or their publication. If you have elected for us to
provide Supervisory Alarm or Trouble Alarm monitoring services and
such an alarm is received at our alarm monitoring center, we will
attempt to notify the representative you designate. The person(s)
identified on your Emergency Contact List are authorized to act on
your behalf and the checked box person(s) are authorized to cancel an
alarm prior to the notification of authorities. You understand that
the equipment we provide may not operate with other companies' alarm
monitoring equipment. This may prevent you from using such equipment
in the event you terminate our services. You understand that local
laws, ordinances or policies may restrict our ability to provide the
alarm monitoring and notification services described in this Contract.
You understand that, upon receiving notification that a fire or carbon
monoxide signal has been received by us, the police, fire department
or other responding authority may forcibly enter your residence. WE
WILL NOT ARREST OR DETAIN ANY PERSON.

19. FAMILIARIZATION PERIOD. UNLESS YOU HAVE REJECTED THE
FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST
PAGE OF THIS CONTRACT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY
LAW) YOU AGREE THAT DURING A SEVEN (7) DAY FAMILIARIZATION PERIOD, OR
SUCH PERIOD AS REQUIRED BY LAW, FOLLOWING COMPLETION OF THE
INSTALLATION AND THE COMMUNICATIONS CONNECTION TO OUR ALARM MONITORING
CENTER (AND DURING ANY APPLICABLE EXTENSIONS) WE HAVE NO OBLIGATION
TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM YOUR PREMISES THAT
IS RECEIVED AT OUR ALARM MONITORING CENTER. YOU ALSO AGREE THAT DURING
SUCH PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY
AUTHORITIES, YOU OR YOUR DESIGNATED REPRESENTATIVE, OR TAKE ANY OTHER
ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN
ACTUAL EMERGENCY EVENT.

20. FAILURE TO PAY CHARGES OR HONOR CONTRACT. If you fail to make any
payment when due or fail to honor any other term or condition of this
Contract, we may stop providing the alarm monitoring and notification
services and repossess or disable the equipment with or without
notice. You agree that you will grant us access to your residence to
allow us to repossess or disable the equipment. You agree that we have
no liability if we stop providing the alarm monitoring and
notification services and repossess or disable the equipment. You
agree that we are not required to redecorate or repair your premises.
We do not waive our right to any other legal remedy, including our
right to charge you a late fee at the highest legal amount for each
month that a payment is not received or interest at the highest legal
rate on the unpaid amount, by stopping to provide the alarm monitoring
and notification services or repossessing or disabling the equipment.

21. SMOKE DETECTOR AND OTHER WARNINGS. Our electrical smoke detectors
are designed to be connected to an electrical power source. THESE
SMOKE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND, AND THE
ALARM SIGNAL WILL NOT BE TRANSMITTED, IF THE ELECTRICITY IS CUT OFF
AND THE BACKUP BATTERY, IF PART OF THE SYSTEM, IS LOW OR DEAD. If
there is any fire, the electricity may cut off before the alarm can
function and the alarm will not sound, and the alarm signal will not
be transmitted. Connecting these smoke detectors to a separate
dedicated electrical circuit increases their reliability. However,
even dedicated circuits can fail. WE RECOMMEND THAT YOU INSTALL A
BATTERY POWERED SMOKE DETECTOR AS A BACKUP SYSTEM. YOU SHOULD
REGULARLY INSPECT YOUR SMOKE DETECTORS FOR DIRT AND DUST BUILD-UP AND
TEST THEM WEEKLY TO MAINTAIN CONTINUED OPERATION. Smoke detectors can
significantly help to reduce loss, injury and death. However, no
matter how good any detection device is, nothing works perfectly under
every circumstance. WE WARN YOU THAT A SMOKE DETECTOR WILL NOT ENSURE
THAT YOU WILL NEVER SUFFER DAMAGE OR INJURY. Our battery-powered
motion detectors, smoke detectors, door and window contact
transmitters, and other detection sensors, if installed under this
Contract, are not connected to the electrical system of your premises.
Such detection sensors require batteries to operate. THESE BATTERY
POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT
SOUND, IF THE BATTERIES ARE LOW OR DEAD. You are responsible for
maintaining the batteries. You should regularly inspect such sensors
for dirt and dust buildup and test them weekly to help maintain
continued operation. WE STRONGLY RECOMMEND THAT YOU CAREFULLY READ THE
OWNER'S MANUAL FOR ALL EQUIPMENT. THE OWNER'S MANUAL CONTAINS VERY
IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT
TESTING AND MAINTENANCE PROCEDURES. YOU SHOULD ALSO READ ALL
INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.

22. COMMUNICATION FACILITIES. A. AUTHORIZATION. You authorize us, on
your behalf, to request services, orders or equipment from a telephone
company or other company providing signal transmission services or
facilities under this Contract (referred to as "Telephone Company").
B. DIGITAL COMMUNICATOR. You understand that a digital communicator,
if installed under this Contract, uses standard telephone lines for
sending signals which eliminates the need for a dedicated telephone
line and the costs associated with such dedicated lines. YOU ALSO
UNDERSTAND THAT WE WILL NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE
LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT,
INTERFERED WITH OR IS OTHERWISE DAMAGED, OR WHEN ANY NON-STANDARD
TELEPHONE LINE OR SERVICE (INCLUDING BUT NOT LIMITED TO DSL, ADSL,
VOIP, ETC.) IS BEING USED. C. DERIVED LOCAL CHANNEL. The Telephone
Company's services provided to you in connection with our services may
include Derived Local Channel service. Such service may be provided
under the Telephone Company's service marks or service names. These
services include providing lines, signal paths, scanning and
transmission. You agree that the Telephone Company's liability is
limited to the same extent our liability is limited in Paragraphs 5,
6, 7, 8, 9 and 10 of this Contract. D. RADIO AND INTERNET INTERFACE.
You understand that if your alarm system is connected to our alarm
monitoring center by radio frequency or internet connection method
there may be times when the system is unable to acquire, transmit or
maintain an alarm signal. Such radio frequency and internet methods
include cellular or private radio or through an internet communication
facility or internet service provider(s). If a radio frequency or
internet connection is utilized, we recommend you also use an
additional method of communication to connect to our alarm monitoring
center.

23. CANCELLATION. We may, at any time, cancel this Contract at our
option if: A. Our alarm monitoring center is destroyed or damaged so
that it is impractical for us to continue service; B. We cannot
acquire or retain the transmission connections or authorization to
transmit signals between your premises and our alarm monitoring center
or the applicable fire or police department or other agency, or
between our alarm monitoring center and the applicable fire or police
department or other agency; C. You fail to follow our recommendations
to repair or replace any defective parts of the system not covered
under the Limited Warranty or Extended Limited Warranty, if purchased;
D. You fail to follow our operating instructions for the system; or E.
We determine that it is impractical to continue service due to the
modification or alteration of your premises after installation. If we
cancel for any of the reasons stated immediately above, we will refund
any advance payments made for services to be supplied after the date
of such termination, less any amounts still due for the installation
of the equipment, for services already rendered, and for any other
charges due, but we will not be liable for damages or subject to
penalty as a result of such termination. We may cancel this Contract
with or without notice at our option if: A. You fail to pay any monies
when due under this Contract; B. You fail to comply with any other
term or condition of this Contract; or C. You fail to maintain your
premises in a safe and sanitary condition. If we cancel for any of the
reasons stated immediately above, we will not be liable for damages or
subject to penalty as a result of such termination.

24. ASSIGNMENT. You may not assign this Contract without our written
consent. We have the right to assign this Contract or to subcontract
any of our obligations under it without notifying you.

25. DELAYS. WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER
PERSON FOR DELAYS IN THE INSTALLATION OR REPAIR OF THE SYSTEM OR THE
PERFORMANCE OF OUR SERVICES, REGARDLESS OF THE REASON, OR FOR ANY
RESULTING CONSEQUENCES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR
INTERRUPTIONS OF SERVICE, OR ANY RESULTING CONSEQUENCES, WHETHER DUE
TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, OR ANY OTHER
CAUSE BEYOND OUR CONTROL. DURING ANY SUCH SERVICE INTERRUPTION, WE
HAVE NO OBLIGATION TO SUPPLY YOU SUBSTITUTE SERVICES.

26. ELECTRONIC MEDIA. You agree that we may scan, image or otherwise
convert this Contract into an electronic format of any nature. You
also agree that a copy of this Contract produced from such electronic
format is legally equivalent to the original for any and all purposes,
including litigation. Likewise, you agree that our receipt by fax of
the Contract signed by you legally binds you and such fax copy is
legally equivalent to the original for any and all purposes, including
litigation.

27. ENTIRE AGREEMENT. THIS CONTRACT CONSTITUTES OUR ENTIRE AGREEMENT.
BY SIGNING IT YOU ADMIT THAT YOU ARE NOT RELYING ON OUR ADVICE OR
ADVERTISEMENTS. YOU AGREE THAT YOU AND WE ARE NOT BOUND BY ANY
REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR WARRANTY, EXPRESS OR
IMPLIED, THAT IS NOT INCLUDED IN WRITING IN THIS CONTRACT. THE TERMS
AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR
QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY OUR
AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT
SHALL GOVERN EVEN IF YOU SUBMITTED A PURCHASE ORDER OR OTHER DOCUMENT
WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT
DETERMINES THAT ANY PROVISION OF THIS AGREEMENT IS INVALID OR
UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED AMENDED AND ENFORCED TO
THE MAXIMUM EXTENT PERMITTED BY STATE LAW, HOWEVER, EACH AND EVERY
OTHER PROVISION OF THIS AGREEMENT SHALL CONTINUE TO BE VALID AND
ENFORCEABLE

28. LICENSE INFORMATION. ACO2705; PPO12949; 707408; Alarm company
operators are licensed and regulated by the Bureau of Security &
Investigative Services, Dept. of Consumer Affairs, Sacramento, CA
95814.




On Thu, 06 Mar 2008 14:43:16 GMT, "RockyTSquirrel"
<gafa_usa@/nospam/hotmail.com> wrote:

>California county sues ADT, may have industry repercussions
>By Martha Entwistle
>MARTINEZ, Calif.-A Contra Costa county district attorney and an industry
>attorney agree that security dealers should keep an eye on a lawsuit filed
>last week, which claims ADT is violating California and federal laws because
>its contracts do not disclose all potential consumer costs.
>Read more.
>http://www.securitysystemsnews.com/index.php?p=article&id=ss200803ZqDx9d
>