Essence We.R Betriebsanweisung PDF herunterladen (Seite 264)

End User License Agreement (EULA)

264

WeR@Home

™

System User Guide

device will work only in areas where the cellular service has coverage and Company has no control over such

coverage. Company is authorized to record and maintain audio transmissions, data and communications, and

shall be the exclusive owner of such property. You are responsible for all permits and permit fees, if any, and

agree to file for and maintain any permits required by applicable law and indemnify or reimburse Company for

any fines relating to permits. Should Company 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 you agree to pay

Company for such service or material. Company does not monitor signals and communications received by

from your enabled cellular device.

d. You acknowledge that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, or

other modes of communication pass through communication networks wholly beyond the control of

Company and are not maintained by Company and Company shall not be responsible for any failure which

prevents transmission signals from reaching your Internet enable device or damages arising therefrom, or for

data corruption, theft or viruses to your Internet enabled device.

Article V – EXCULPATORY AND LIMITATION OF LIABILITY PROVISIONS

a. EXCULPATORY CLAUSE: You agree that Company is not an insurer and no insurance coverage is offered

herein. Your payments to Company are for the use of Company's Application and remote access to your

WeR@Home

™

security system designed to reduce certain risks of loss, though Company does not guarantee

that no loss will occur. Company is not assuming liability and therefore shall not be liable to you for any loss or

injury sustained by you as a result of any cause whatsoever, regardless of whether or not such loss or injury

was caused by or contributed to by Company's negligent performance to any degree or failure to perform

any obligation or strict products liability. You release Company from any claims for contribution, indemnity or

subrogation.

b. LIMITATION OF LIABILITY: You agree that the Application, the service it offers and the WeR@Home

™

system is not designed or guaranteed to prevent any loss or injury. If, notwithstanding the terms of this

agreement, there should arise any liability on the part of Company as a result of any cause whatsoever,

regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by

Company's negligence to any degree or failure to perform any obligation or strict products liability, such

liability will be limited to an amount equal to six (6) times the monthly payment paid by you to Company at

the time such liability is fixed, or to the sum of $250.00, whichever is greater. If Subscriber wishes to increase

Company's maximum amount of such limitation of liability, Subscriber may, as a matter of right, at any time,

by entering into a supplemental agreement, obtain from Company a higher limit by paying an additional

amount consonant with the increase of liability. This shall not be construed as insurance coverage.

Article VI – LEGAL ACTION/ARBITRATION/WAIVER OF CERTAIN RIGHTS

a. You and the Company waive trial by jury in any action between us. Any action by you against Company

must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or

proceedings against Company must be based on the provisions of this agreement. Any other action that you

may have or bring against Company 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. You

agree that any claim against Company shall be maintained solely by you and that you shall neither initiate nor

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