IMPORTANT TERMS AND CONDITIONS

This Agreement is between the Subscriber ("Subscriber" or "You" or "Your") and ADT LLC dba ADT Security Services ("ADT" or "we" or "our" or "us"). The terms and conditions of this Agreement apply to and benefit both the Subscriber and, if applicable, the User. The purpose of this Agreement is to provide You with (i) a Medical Alert/Emergency Response System ("System"). You agree to pay the charges for the System and Alarm Monitoring Services in the manner specified in this Agreement. This Agreement explains Your duties and responsibilities to ADT and ADT's duties and responsibilities to You in providing the System and performing the Service, including, but not limited to, Alarm Monitoring Services. "Alarm Monitoring Services" refer to (and only include) ADT's receipt of and response to Alarms received by ADT from the System placed at the Premises as further described in Paragraph 3a below.

1. THE SYSTEM.

You agree to read and follow all of the instructions in the System User's Guide/Owner's Manual which is part of this Agreement. If inconsistencies exist between any User’s Guide or Owner’s Manual and this Agreement, this Agreement controls.  The System consists of components that are subject to aging and could possibly fail at any time. You acknowledge that ethe accessories (e.g. wrist button; neck pendant; wall mount button) will only operate when they are in range of the base station or mobile device as fully described in the System User’s Guide/Owner’s Manual. Further, you understand that the System will only operate using accessories that are provided with the System.  Accessories you may already have in your possession may not be compatible with System provided and may not operate. You agree to test the System monthly and maintain it as described in the System User's Guide/Owner's Manual. You also agree to have it immediately repaired or replaced when it fails to test properly. IN-HOME SYSTEMS MUST BE LOCATED AND USED AT THE PREMISES, AND MUST NOT BE MOVED TO ANOTHER ADDRESS WITHOUT NOTIFYING US IN WRITING AT LEAST THIRTY (30) DAYS IN ADVANCE. You hereby agree to (a) place and set up the System according to the directions provided by ADT (or allow ADT designated representatives access to the Premises to place the System if You request such service, at an extra charge), (b) provide and be responsible for suitable electrical and communication service for placement and operation of the System, and (c) replace the batteries in the System, as needed.

2. REPAIR POLICY; DISCLAIMER OF WARRANTIES; TITLE TO SYSTEM.

a. Repair Obligations: During the term of this Agreement, (1) ADT, at its own expense, shall, make any repairs or replacements to the System, including battery replacement, made necessary as a result of ordinary wear and tear, defective materials contained within the System or power surges; (2) All repairs  or replacements made necessary as a result of damage caused by dust, heat, humidity or accidental drops or spills, shall be made at Your cost and expense and shall be billed to Yu at a discounted prevailing retail rate, to be determined by ADT in its sole discretion (discount will only be applied to one base unit and two accessory replacements per calendar year); and (3) All other repairs or replacements of the System, including, but not limited to, (i) any repairs or replacements of or to the System made necessary because of abuse or misuse of the System, or use by unauthorized persons, (ii) any repairs or replacements which exceed the maximum discounted replacements provided to You pursuant to subsection (2) above, (iii) any replacements for lost equipment, or (iv) if for any other reason ADT determines that the System is not operating properly as a result of causes other than ordinary wear and tear or defective materials or power surges, shall be made at Your cost and expense and shall be billed to You at ADT's then-prevailing retail rates in addition to all other Charges hereunder.

b. Disclaimers of Warranties: You acknowledge and agree that ADT has made no representations or

warranties, nor have You relied on any representations or warranties, express or implied, except as specifically set forth in this Agreement. You also acknowledge that You have read and understood this Agreement, particularly Paragraph 4, which sets forth ADT's maximum liability in the event of any loss, damage, injury, or death to You or anyone else. FURTHER, THERE IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You. The warranties contained in the Agreement give You specific legal rights and You may also have other rights that vary from state to state.  No increase or alteration, written or verbal, of any warranty contained in this Agreement is authorized.

c. Title To System: The System shall at all times remain the sole property of ADT unless a Customer­ Owned Package is purchased. You will not damage, tamper with, encumber or dispose of any ADT­ owned System or permit any System to be damaged, tampered with, encumbered, disposed of, or repaired by anyone other than authorized agents of ADT. In the event of loss or damage to the ADT­ owned System or any part thereof, You agree to pay ADT the reasonable value thereof or the cost of

repairs, as determined by ADT but not to exceed $250. At the expiration of the Agreement, or in the event of a default in performance by You, You agree to return each ADT-owned System to ADT within thirty (30) days or be liable to pay ADT the sum of $250.00 for each System not so returned or if the System is lost as agreed upon liquidated damages and not as a penalty. Return of the System will not affect our legal right to collect any and all sums due under this Agreement, including, but not limited to, any Charges. You will return each System to ADT in good condition, reasonable wear and tear excepted.

3. ALARM MONITORING SERVICES, KEY LOCK BOX SERVICES, FALL DETECTION, TERM, CHARGES AND PERMITS.

a. ADT will perform and provide the following Alarm Monitoring Services. Your Alarm Monitoring

Services shall commence once the System has been delivered and activated. If an alarm signal from the System actually registers at our monitoring center (each, an "Alarm"), then we will attempt to contact Subscriber's or, if applicable, User's telephone number listed above (the "Telephone Number") or use Two-Way Voice to verify that the Alarm is not false. If we are unable to reach anyone at the Telephone Number or if we do not receive information indicating that the ALARM is in fact false, we will endeavor to notify emergency authorities and/or other Emergency Contact(s). If applicable, location services will be provided. You further understand, acknowledge and agree that

the very nature of the Alarm Monitoring Services, regardless of any delay, involves uncertainty, risk

and possible serious injury, disability or death, for which You will not attempt to hold ADT responsible or liable; that the System is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for emergency authorities to arrive at the Premises or identified location and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including, but not limited to, telephone network operation, distance, weather, road and traffic conditions and human factors, both within and outside of ADT's control. ADT has no liability relating to any two-way voice communications. You understand that the System uses standard and digital cellular telephone transport and other modes of communication for sending alarms, and ADT will not receive an Alarm when the communication mode is not operating or has been cut, interfered with or is otherwise damaged, or if the System is unable to acquire, transmit or maintain a signal over the telephone, digital cellular or other communication mode for any reason. Alternate technologies, such as VOIP (Voice Over Internet Phone), may decrease effective delivery of alarms and may deliver less than desirable performance. You assume any risk using alternative technologies. Accordingly, You expressly represent, warrant and agree that our performance of, delay in performance of, or failure to perform service, including, but not limited to, any Alarm Monitoring Services under the Agreement, shall in all events be subject to and controlled by this Agreement.

b. If Subscriber selected to receive, or have the User receive, Key Lock Box services, the Key Lock

Box furnished by ADT or You may be opened by emergency responders using a combination/code ("Code") created by Subscriber, User or their authorized representative. Emergency responders in possession of the Code may open the Key Lock Box and gain access to the Premises using the key deposited in the Key Lock Box. By providing ADT with the Code, Subscriber authorizes ADT and its Customer Monitoring Center personnel to disclose the Code to emergency responders, police/fire/medical authorities, the emergency contacts listed on file with ADT and/or any other persons designated by Subscriber for the purpose of gaining entry to the Premises, administering assistance or any other activity in response to an alarm signal. Subscriber and, if applicable, User, are responsible to (a) ensure that the key deposited in the Key Lock Box functions properly, is kept current, and is returned to the Key Lock Box after use; (b) notify ADT of any changes to the Code or if the Key Lock Box fails to operate properly; (c) keep the Key Lock Box secure and in good working order (d) remove or cut the Key Lock Box. ADT is not an insurer against theft, loss, vandalism,

injury, or damage attributed to the use of a Key Lock Box or the Premises key located therein and

therefore is not liable for any damages resulting from the Key Lock Box services, including without limitation damages related to (i) any unauthorized entry into the Premises or any act, failure to act, or omission of any person accessing the Key Lock Box whether such person gained access to the Premises using a Code furnished by ADT or otherwise or (ii) any failure of the Key Lock Box to function as intended. Subscriber is advised to verify the existence of, or obtain, appropriate insurance to cover Subscriber for such risk. Regardless of whether the Key Lock Box was furnished by ADT or You, ADT's provision of Key Lock Box services are subject to the limited liability provisions in Paragraph 4 below.

c. If Fall Detection is being furnished under this Agreement, You understand and acknowledge the inherent limitations and risk associated with fall detection, including without limitation, (i) pendant does not detect 100% of falls; (ii) inherent delayed reaction time between fall and alarm signal; (iii) incorrect placement of pendant on user's person; (iv) distance between pendant and base station or mobile/cellular device and (v) strangulation and choking hazard. ADT does not guarantee that use of fall detection service will result in accurate identification of a fall or event requiring alarm response. You assume full responsibility for the placement, direction, presence and use of equipment.

d. ADT will provide Services as described in this Agreement, and You agree to pay us a Monthly

Service Charge (plus any applicable sales or other tax). This Agreement will automatically renew for successive thirty (30)-day periods. When terminated, this Agreement ends on the last day of the then­ current term. YOU AGREE TO RETURN THE SYSTEM WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OR TERMINATION OF THIS AGREEMENT IN GOOD CONDITION OR TO PAY THE SUM OF $250.00 FOR NOT RETURNING THE ADT-OWNED SYSTEM AS AGREED UPON LIQUIDATED DAMAGES AND NOT AS A PENALTY. The Monthly Service Charges are payable monthly in advance and will be automatically charged to Your credit card or debited from a bank account authorized by You as indicated on the front side of this Agreement or paid by You directly to ADT. You agree to pay: all false alarm assessments, taxes, permits or other fees or charges of any police department or other governmental body and all telephone company charges.

e. If You are paying by credit card and the credit card authorization indicated in the Payment Options

section of this Agreement is canceled for any reason, and if You fail to provide us with a replacement credit card within three (3) days after any such cancellation, then You will be in breach of this Agreement and will have to pay us an additional $25.00 administrative fee. All delinquent amounts may be assessed (i) a late fee of $25.00 for each month that a payment is not received, and (ii) interest on all outstanding amounts equal to eighteen percent (18%) per annum or the highest rate permitted

     by applicable law, whichever is less.

f. You acknowledge that we may, upon ten (10) days written notice to You, cancel this Agreement and stop providing the Alarm Monitoring Services if: (A) You are paying by credit card and the credit card authorization previously indicated is canceled for any reason and You fail to provide us with a replacement credit card within three (3) days after any such cancellation; (B) You otherwise fail to

pay any Charges or other monies due under this Agreement by its due date; (C) You fail to comply

with any other term or condition of this Agreement; or (D) You fail to maintain your Premises in a safe condition. Additionally, we may, at any time, cancel this Agreement if: (i) our customer monitoring center is destroyed or damaged so that it is impractical for us to continue any Services, or we otherwise lose the ability to provide any Services; (ii) You fail to follow our recommendations to repair or replace any defective parts of the System; (iii) You fail to follow the User's Guide/Owner's Manual for the System; or (iv) if You misuse the System or any service by sending multiple non­ emergency signals for any reason. If we cancel for any of the reasons stated in this Agreement, we will not be liable for damages or subject to penalty as a result of such termination.

4. NO LIABILITY; LIMITED LIABILITY.

a. WE ARE NOT AN INSURER. YOU AGREE THAT YOU WILL OBTAIN FROM AN INSURER ANY INSURANCE YOU DESIRE. THE AMOUNT OF THE CHARGE IS BASED UPON THE SERVICE(S) WE PERFORM AND THE LIMITED LIABILITY WE ASSUME UNDER THIS AGREEMENT. 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.

b. IT WILL BE EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES THAT MAY RESULT FROM OUR FAILURE TO PERFORM DUTIES UNDER THIS AGREEMENT OR FROM THE FAILURE OF ANY SYSTEM OR SERVICE IN ANY OTHER REGARD. YOU AGREE THAT WE ARE EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES WE PERFORM OR FAIL TO PERFORM OR ANY SYSTEM WE PROVIDE UNDER THIS AGREEMENT. IF IT IS DETERMINED THAT WE 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 $250 OR 10% OF THE MONTHLY SERVICE CHARGE YOU PAY UNDER THIS AGREEMENT. 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 AGREEMENT, STRICT LIABILITY, FAILURE TO COMPLY WITH THE REQUIREMENTS OF ANY LAWS THAT MAY APPLY TO US OR TO YOU OR YOUR PREMISES, OR OTHER FAULT. AT YOUR REQUEST, WE MAY ASSUME ADDITIONAL LIABILITY BY ATTACHING AN AMENDMENT TO THIS AGREEMENT 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.

c. YOUR EXCLUSIVE DAMAGE AND LIABILITY REMEDIES ARE SET FORTH IN

PARAGRAPH 4b ABOVE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THE

EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY ANY OTHER PARTY AGAINST US

ARISING OUT OF THE SERVICES WE PERFORM OR FAIL TO PERFORM OR ANY SYSTEM WE PROVIDE UNDER THIS AGREEMENT, YOU AGREE TO BE SOLELY RESPONSIBLE FOR, AND TO DEFEND AND HOLD US COMPLETELY HARMLESS FROM, SUCH LAWSUIT OR OTHER CLAIM, INCLUDING, BUT NOT LIMITED TO, YOUR PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES THAT WE INCUR. THESE OBLIGATIONS WILL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. THESE OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS AGREEMENT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.

d. 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.

e. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY

OTHER PERSON FOR YOUR/OUR DELAY IN THE DELIVERY OR REPAIR OF ANY SYSTEM OR THE PERFORMANCE OF ANY SERVICE, REGARDLESS OF THE REASON, OR

FOR ANY RESULTING CONSEQUENCES. YOU ALSO AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF ANY SERVICE, OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, ACT OF GOD, OR ANY OTHER CAUSE WITHIN OR BEYOND OUR CONTROL. DURING ANY SUCH SERVICE INTERRUPTION, WE HAVE NO OBLIGATION TO SUPPLY YOU SUBSTITUTE SERVICES. f. BENEFIT TO OTHERS. THE PROVISIONS OF THIS AGREEMENT, SPECIFICALLY INCLUDING THIS PARAGRAPH 4, SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS.

5. ARBITRATION.

ADT AND I AGREE THAT ANY AND ALL DISPUTES BETWEEN US SHALL BE GOVERNED BY THIS BINDING ARBITRATION AGREEMENT. Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court. As used herein, the term "Dispute" means any claim or controversy, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims, whether based in contract; tort; fraud; intentional acts; violation of any statute, code or regulation; or other legal theory. The term "Dispute" shall be given the broadest possible meaning and will apply to, without limitation, all claims and controversies arising from this Agreement; sales activities; goods and services; advertisements, promotions and other statements; billing and collection practices; privacy; and any other dispute arising from my interaction or relationship with ADT. ADT agrees not to elect arbitration if I file a Dispute in a small claims court in my state of residency so

long as the Dispute is individual and non-representative in nature and remains exclusively as such in

small claims court. Pre-Arbitration Notice Requirement. Before initiating an arbitration or a small claims matter, ADT and I agree to first provide to the other a written "Notice of Dispute" that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to ADT should be sent to: Litigation Department, ADT Security Services, 1501 Yamato Rd., Boca Raton, FL 33431. ADT will mail a Notice of Dispute to my protected Premises address. ADT and I agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, ADT or I may commence an arbitration proceeding or small claims action. Initiation of Arbitration Proceeding. If either party elects to

arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the national arbitration organization to which the Dispute is referred. A party may refer a Dispute to either the American Arbitration Association ("AAA") or the Judicial Arbitration and Mediation Services ("JAMS"). If ADT elects arbitration and chooses one of the organizations to administer, I may object and automatically have the other organization

administer the proceedings simply by notifying ADT of my objection in writing within 30 days of my receipt of ADT's initial selection. To obtain a copy of the procedures, or to file a Dispute, I may contact the organizations at the following: (1) AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los Angeles, CA 92614, www.jamsadr.com. IF EITHER PARTY ELECTS TO ARBITRATE A DISPUTE, ADT AND I WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, THE PARTIES MAY ALSO WAIVE OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER PARTY ELECTS TO ARBITRATE A DISPUTE, I WAIVE MY RIGHT TO PARTICIPATE IN A REPRESENTATIVE  CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration will