BrickHouse Alert Terms and Conditions of Use
Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services.
By accessing the BrickHouse Alert website, platform, service, or any other feature of BrickHouse Alert (collectively "BrickHouse Alert") you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use BrickHouse Alert or any of its related services. In these Terms, "we", "us", "our", "Our Website", "BrickHouseAlert.com", "BrickHouse Alert", "WanderAlert" or "BrickHouse" refers to BrickHouse Electronics LLC., and "you", "User", "Subscriber", or "your" refers to you as the user of our products, platform, and services.
We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of BrickHouse Alert following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with BrickHouse Alert in any way, your only recourse is to immediately terminate use of BrickHouse Alert.
The parties hereto agree that:
1. MOBILE PERSONAL EMERGENCY RESPONSE SYSTEM REMAINS PERSONAL PROPERTY: BrickHouse shall sell and provide instructions to the Subscriber in the proper installation and use of the Mobile Personal Emergency Response System (hereinafter referred to as MPERS System) The MPERS System may be in the form of a software program also known as an “APP” and or a hardware device. MPERS system is not an improvement to real property and the equipment remains Subscriber’s personal property.
2. CANCELLATION AND REFUND POLICY: If Subscriber cancels this agreement pursuant to any statutory authority, BrickHouse will, within 10 days or within such time as such statute specifies, upon such cancellation and or the removal of any provided software, refund to Subscriber any advance payment for services not yet rendered.
4. PURCHASE AND SERVICE CHARGES: Subscriber agrees to pay BrickHouse:
a) SALE: $ 79.99 for the MPERS System, which may include and is not limited to some or all of the following: Software, GPS enabled communication device, charger, base unit with transmitter, connection communication wire and remote devices, and accessories selected above. If MPERS SYSTEM to be installed by Subscriber then MPERS System will be shipped point of sale FOB and price excludes shipping, handling, and sales tax, if any.
b) MONITORING: The sum of $ 29.99 per month, payable in advance for monitoring service of the MPERS System for the term of this agreement commencing on the first day of the month next succeeding the date hereof, and continuing monthly thereafter, all payments being due on the first of the month. An additional $5.00 per month fee will be charged when opting in to use WanderAlert GPS caretaker monitoring.
All repairs, replacement, or alteration to the MPERS System made by reason of alteration, tampering lightning, or electrical surge, or caused by any means other than normal usage, wear, and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connect with the MPERS System without BrickHouse's written consent. BrickHouse is not responsible for App malfunction that corrupts Subscriber’s Internet connected device including smartphone.
5. TERM OF AGREEMENT / RENEWALS: This agreement shall renew itself month to month thereafter under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term.
6. INCREASES OF MONTHLY CHARGE: BrickHouse shall be permitted to increase the charges provided for herein at any time or times after the expiration of one year from the date hereof by up to nine percent per annum each year upon giving notice to Subscriber and Subscriber agrees to pay such increases.
7. WIRELESS AND INTERNET ACCESS CAPABILITIES: MPERS System’s communicate by communication pathways which are not owned by BrickHouse. BrickHouse does not provide cellular or Internet service, maintain Internet connection, wireless access or other communication pathways, computer, smartphone, electric current connection or supply, or in all cases the remote server. In consideration of Subscriber making its monthly payments for remote access to the system, BrickHouse will authorize Subscriber access. BrickHouse is not responsible for Subscriber’s access to the Internet or any interruption of service or downtime 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 MPERS system can be compromised if the codes or devices used for access are lost or accessed by others and BrickHouse shall have no liability for such third party unauthorized access. BrickHouse 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 MPERS 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 BrickHouse shall have no liability for access to the MPERS System by others by hacking or otherwise. BrickHouse 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. If Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio, or Internet service.
8. GPS MONITORING / MOBILE TRACKING: If GPS tracking (hereinafter referred to as WanderAlert) is included in BrickHouse services, subscriber will be given access to software enabling BrickHouse to monitor the location of Subscriber's MPERS device via the cellular network for the duration of this agreement.
Mobile Tracking is designed to track individuals who will have on their person the Mobile Tracking Device or Internet connected device with software tracking. The device will work only within the 50 United States, in areas where mobile tracking has coverage and BrickHouse has no control over such coverage. Mobile devices may not be able to be tracked with exact precision, as only ground level locations can be determined. BrickHouse cannot determine locations within a building or any structure.
BrickHouse will have no liability for inability to report exact location at any particular time, but BrickHouse will use its best efforts to report all available tracking information. BrickHouse is authorized to record and maintain audio and video transmissions, data, and communications, and shall be the exclusive owner of such property. Subscriber is responsible for all permits and permit fees that may be required, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse BrickHouse for any fees or fines relating to permits or the services to be provided. BrickHouse shall monitor tracking signals and communications received from the tracking device, or software.
Upon Subscriber’s activation of the device or software, BrickHouse 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 BrickHouse ’s absolute discretion, and such other persons Subscriber has requested receive notification of such location on Subscriber’s Call List.
Subscriber agrees to furnish BrickHouse with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of emergency conditions together with a list of all medication, allergies, and medical conditions Subscriber wishes to be available to all MPERS personnel and medical personnel. All changes and revisions shall be provided to BrickHouse in writing. All notifications by BrickHouse or its designated communication center shall be by telephonic communication and BrickHouse or its designated communication center shall be deemed to satisfy its monitoring response service by reaching the first agency or person designated on the Call List. Unless otherwise provided in the Call List BrickHouse will make a reasonable effort to contact a person listed on the call list. A person on the list shall be deemed reached when contacted either via telephone call, text, email message, or voice mail. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a voice message, shall be deemed reasonable compliance with BrickHouse’s notification obligation.
9. MPERS SYSTEM CENTRAL STATION MONITORING: Upon receipt of a signal, BrickHouse or its designated central station 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 beyond the control of BrickHouse and are not maintained by BrickHouse, except BrickHouse may own the radio network, and therefore BrickHouse shall not be responsible for any equipment failure which prevents transmission signals from reaching the central station monitoring center or damages arising as a result thereof, or for data corruption, theft, or viruses to Subscriber’s computers if connected to the MPERS System communication equipment.
SUBSCRIBER ACKNOWLEDGES THAT BrickHouse PROVIDES NO RESPONSE TO AN MPERS SYSTEM SIGNAL EXCEPT NOTIFICATION TO THE APPROPRIATE PARTY, AND THAT THE PROVISIONS OF THIS AGREEMENT EXCULPATING AND LIMITING BrickHouse LIABILITY ARE FULLY APPLICABLE TO THE MPERS SYSTEM SERVICE.
10. LIMITED WARRANTY ON SALE OF EQUIPMENT: In the event that any part of the MPERS System becomes defective, or in the event that any repairs are required, BrickHouse agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of One Year from the date of commencement of services. BrickHouse reserves the option to either replace or repair the MPERS equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life. BrickHouse is not the manufacturer of the equipment and other than BrickHouse’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, BrickHouse makes no express warranties as to any matter whatsoever, including but not limited to, the condition of the equipment, its merchantability, or its fitness for any particular purpose, and BrickHouse shall not be liable for consequential damages. BrickHouse does not represent nor warrant that the MPERS 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. BrickHouse expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose.
The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than BrickHouse. BrickHouse shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by BrickHouse shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on BrickHouse'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, and that BrickHouse has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for BrickHouse's breach of this agreement or negligence to any degree under this agreement is to require BrickHouse to repair or replace, at BrickHouse's option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to the Extended Warranty Option if selected by Subscriber in paragraph 4(c) of this agreement. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, BrickHouse will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.
11. SUBSCRIBER'S CARE OF EQUIPMENT / REPAIRS AND ADDITIONS: If BrickHouse has provided hardware, Subscriber agrees not to tamper with, or otherwise interfere with the MPERS System. Subscriber agrees to bear the cost of repairs or replacement made necessary as a result of damage caused by, misuse, negligent care, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by BrickHouse without additional charge during the Warranty period. Batteries, electrical surges, lightning damage, obsolete components, and components exceeding manufacturer’s useful life are not included in the Warranty and will be repaired or replaced at Subscriber’s expense. BrickHouse’s obligation to repair or replace any device does not extend past BrickHouse’s warranty for the device. BrickHouse 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 BrickHouse APP not to operate or perform as designed. BrickHouse’s sole responsibility is to attempt to resolve any reported software issues within a reasonable amount of time. BrickHouse is not liable for any loses caused by software incompatibility issues. Subscriber agrees to report any discovered software issues to BrickHouse as soon as practical.
14. SELF-INSTALLATION: BrickHouse will provide telephone assistance to Subscriber to assist Subscriber with the installation of BrickHouse’s device or Software. BrickHouse has no liability for the installation. Under no circumstances will BrickHouse repair Subscriber’s Internet connected device unless provided by BrickHouse or equipment damaged during installation.
16. TESTING AND REPAIR SERVICE OF MPERS: The parties agree that the equipment, once delivered, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the MPERS System and to notify BrickHouse if it is in need of repair or replacement. During the warranty period BrickHouse shall service or replace the equipment only if returned by the Subscriber to BrickHouse at BrickHouse’s address. If BrickHouse fails to repair or replace the MPERS equipment within 14 days after receipt of the equipment and notice, Subscriber shall not be obligated to pay any amount for service from date said written notice and equipment is delivered to BrickHouse, until the MPERS System is restored to working order unless BrickHouse determines that the equipment is operational and the system failure was electrical, telephone or communication service related at Subscriber’s premises, in which event Subscriber shall pay BrickHouse ’s cost of shipping and inspection charge of $125.00. If this agreement calls for self-installation, Subscriber is responsible for installing and activating the MPERS System and insuring that the MPERS System communicates with the designated central station and that the MPERS System remains operational so that upon activation signals are communicated to the designated central station.
If BrickHouse has installed the MPERS systems at Subscriber’s premises, the Warranty Service, is pursuant to paragraphs 4c and 16 and BrickHouse shall not be required to service the MPERS equipment unless it has received notice from Subscriber, and upon such notice, BrickHouse shall, during the warranty period, service the MPERS equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Subscriber agrees to test and inspect the MPERS equipment and to advise BrickHouse of any defect, error or omission in the MPERS equipment. In the event Subscriber complies with the terms of this agreement and BrickHouse fails to repair the MPERS equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the MPERS equipment is in need of repair to BrickHouse, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the MPERS equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the MPERS equipment is in issue, the Subscriber shall be precluded from raising the issue that the MPERS equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by BrickHouse, evidencing that warranty service was requested by Subscriber.
17. TERMINATION IN THE EVENT OF DEATH AND EARLY TERMINATION RIGHTS: This agreement and Subscriber’s payment obligations shall terminate upon Subscriber’s death and Subscriber may have other reasons to terminate this agreement early. See the Notice of Cancellation Rights below for additional basis to terminate this agreement early.
18. ASSIGNMENT / WAIVER OF SUBROGATION: Subscriber shall not be permitted to assign this agreement without written consent of BrickHouse. Any such assignment without prior approval shall be deemed a breach of this agreement. BrickHouse shall have the right to assign this agreement 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 BrickHouse or BrickHouse's subcontractors arising out of this agreement, the relation of the parties, or extra-contractual duty.
19. INDEMNITY: Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless BrickHouse, 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 BrickHouse’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 AGREEMENT CONTAINS AN INDEMNITY.
20. TERMINATION OF AGREEMENT AND SERVICES: Upon termination of this agreement BrickHouse shall be permitted to discontinue all monitoring service.
21. LEGAL ACTION / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING ARBITRATION: The parties agree that due to the nature of the services to be provided by BrickHouse, the payments to be made by the Subscriber for the term of the services part of this agreement form an integral part of BrickHouse's anticipated profits; that in the event of Subscriber's default it would be difficult if not impossible to fix BrickHouse's actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to BrickHouse, Subscriber shall be immediately liable for any unpaid installation and invoiced charges plus 80% of the balance of all payments for the entire term of this agreement as LIQUIDATED DAMAGES and BrickHouse shall be permitted to terminate all its services, including but not limited to terminating monitoring service, under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein.
SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.
The prevailing party in any litigation or arbitration shall pay the other’s legal fees. In any action commenced by BrickHouse against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. SUBSCRIBER AGREES THAT SUBSCRIBER MAY BRING CLAIMS AGAINST BrickHouse ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. SUBJECT TO SUBSCRIBER’S RIGHT TO BRING ANY CLAIM AGAINST BrickHouse FOR UP TO $1,000 IN SMALL CLAIMS COURT HAVING JURISDICTION,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., UNDER 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. This agreement to arbitrate shall survive the termination of this agreement. 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 BrickHouse 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.
This agreement shall be governed by the laws of the State where executed and any litigation or arbitration commenced by Subscriber must be commenced and maintained in the state and county where BrickHouse’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. _
22. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to BrickHouse any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon BrickHouse because of this agreement. Should BrickHouse 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 BrickHouse for such service or material.
23. FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all permits and permit fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse BrickHouse for any fees or fines relating to permits or false alarms. BrickHouse shall have no liability for permit fees, 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. 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 BrickHouse 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 BrickHouse for such service or material. BrickHouse 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 BrickHouse or its designated central station in response to a signal received from Subscriber’s MPERS.
24. BRICKHOUSE'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that BrickHouse is authorized and permitted to subcontract any services to be provided by BrickHouse to third parties who may be independent of BrickHouse and that BrickHouse 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 BrickHouse shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints BrickHouse to act as Subscriber’s agent with respect to such third parties, Subscriber acknowledges that this agreement, and particularly those paragraphs relating to BrickHouse'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 central station of BrickHouse.
25. EXCULPATORY CLAUSE: BrickHouse and Subscriber agree that BrickHouse is not an insurer and no insurance coverage is offered herein. The MPERS system and BrickHouse’s services are designed to detect and reduce certain risks of loss, though BrickHouse does not guarantee that no loss or damage will occur. BrickHouse 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 BrickHouse’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.
26. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF BRICKHOUSE AS A RESULT OF BRICKHOUSE'S BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF BRICKHOUSE'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 BRICKHOUSE'S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE AGGREGATE OF MONTHLY PAYMENTS FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE BRICKHOUSE'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 BRICKHOUSE'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.
27. NOTE ABOUT EXTRA DEVICES: Extra devices for remote activation of the MPERS System which are ordered after this agreement is executed or not included in the description of equipment will be deemed part of the equipment described in this agreement and governed as if part of the system and equipment sold pursuant to this agreement.
28. MODIFICATION OF CALL LIST: The Subscriber may change the Call List in writing provided to and acknowledged by BrickHouse.
29. PERSONAL MEDICAL DISCLOSURE AUTHORIZATION: Any medical or other personal information provided by Subscriber to BrickHouse may be disclosed by BrickHouse to any police, fire, EMT personnel or medical personnel, or anyone on Subscriber’s Call List requesting same.
30. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes BrickHouse to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to BrickHouse to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.
31. 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.