Terms Of Service

Terms Of Service

Terms of Service Agreement:

This Terms of Agreement (the “Agreement”) governs the use of the Remote Access Service Plan (the “Service”) offered by Live Video Monitor L.L.C. (“LiveVideoMonitor”) and the LiveVideoMonitor.com Web Site (the “Site”). Please read these Terms of Service before using or continuing to use the Service or Site. Use of the Service or Site constitutes an agreement to all terms and conditions in this Agreement. By using the Service or Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification. If you object to anything in this Agreement do not use the Site or the Service. The Terms of Service are subject to change by LiveVideoMonitor at any time, and become effective upon posting on the Site. The revised version, and your use of the Service and Site after such posting, will constitute acceptance by you of the revised version of the Terms of Service posted on the Site.

General Information:

Links from LiveVideoMonitor.com to other sites on the Web are the responsibility of the user to evaluate. User acknowledges that LiveVideoMonitor does not control such websites, and is not responsible for their content. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by LiveVideoMonitor.

Notice of Trade Mark Rights:

“LiveVideoMonitor”, the Logo and Tagline “You’re There…Even When You’re Not” and StaySafeMobile are  trademarks owned by Live Video Monitor L.L.C. Users may not copy or use any of these marks, logos or trade names without the prior written permission of Live Video Monitor L.L.C.

None Solicitation:

The Site and related Services may not be used by any person to solicit, advertise, or contact in any form any users for employment, or any other purpose for a business not affiliated with LiveVideoMonitor without express written permission. Should LiveVideoMonitor find that you violate the terms of this section or any terms stated herein, LiveVideoMonitor reserves the right to terminate your use of this Site and the Service at their sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Remote Access Service Plans (the “Service”):

You agree to and accept the following terms and conditions of the Remote Access Service Plan (the “Service”)

Payments:

You authorize Live Video Monitor L.L.C. to use the credit/debit card used for your purchase or a credit/debit card specified by you for payment ofthe monthly charge for the Service, which will be charged on the first of every month in advance for that month. If LiveVideoMonitor notifies you by email of any price changes in the Service Charge and you do not notify LiveVideoMonitor that you want to cancel the Service, you agree to pay LiveVideoMonitor the prevailing rate.

Term and Cancellation of Service:

Service and Payments shall remain in full force and effect until: A) you notify LiveVideoMonitor within 10 days in advance of the next monthly billing cycle that you wish to cancel the serviceby email. The email must indicate your User ID or Account Number to be accepted as a notice of cancellation. LiveVideoMonitorwill send a return email confirmation to you which you must respond to and verify that you accept the cancellation or B) LiveVideoMonitor wishes to terminate and cancel all Service. LiveVideoMonitor can terminate and cancel all Service at any time and will notify you by email within 30 days in advance the date that it has elected to cancel or terminate all Service.

Default in Payment:

If a credit/debit card payment is not authorized by your bank after the first attempt a fee of $5.00 will be charged for reprocessing. If payment due for the Service is not paid by the fifteenth of the month, service may be suspended or terminated at LiveVideoMonitor’s discretion. If service is suspended or terminated Subscriber may reinstate service by paying all monies due.

Limited Warranty on Sale:

LiveVideoMonitor does not represent nor warrant that the system may not be compromised or circumvented, or that the system will prevent any loss by burglary or otherwise; or that the system will in all cases provide the protection for which it was purchased. The parties hereto agree that the system, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to test the operation of the system.

Remote Access Server:

This server is provided by a third party and is designed to permit subscriber access to the system remotely via the Internet with Wi-Fi. LiveVideoMonitor and third party are not responsible for Subscriber’s access to the internet or any interruption of service or down time of the server.

No Central Office Monitoring:

Subscriber acknowledges that no central office monitoring is provided pursuant to this agreement. The system permits Subscriber to access the server from an iPhone-iPad or Android phone with internet access capabilities.A temporary password will be sent to Subscriber to initially access their system. It is the sole responsibility of the subscriber to immediately change the password to one of their own selection and ensure its security.

Indemnification:

In the event any person not a party to this Agreement shall make any claim or file any lawsuit against Live Video Monitor L.L.C arising from the negligent performance or failure to perform obligations under this Agreement, you agree to indemnify, defend and hold Live Video Monitor L.L.C., its employees, agents, suppliers or contractors harmless from any and all claims, third party claims, lawsuits and losses, including the payment of all damages, expenses, attorney fees and costs, whether these claims be based upon alleged intentional conduct, active or passive negligence, or strict product liability, on the part of Live Video Monitor L.L.C., agents, or employees.

Exculpatory Clause:

LiveVideoMonitor and Subscriber agree that LiveVideoMonitor is not an insurer and no insurance coverage is offered herein. The system is not designed to reduce any risks of loss and LiveVideoMonitor does not guarantee that no loss will occur. LiveVideoMonitor is not assuming liability, and, therefore shall not be liable to Subscriber for any loss, personal injury, data corruption or inability to view or retrieve data, or property damage sustained by Subscriber as a result of burglary, theft, hold-up, equipment failure or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by LiveVideoMonitor’s negligent performance, failure to perform any obligation or strict products liability. Subscriber releases LiveVideoMonitor from any claims for contribution, indemnity or subrogation.  The system is designed to permit Subscriber remote access to the system via any smart phone with Internet capability by accessing the system server through which the data from the system is communicated.

Limitation of Liability:

Subscriber agrees that should there arise any liability on the part of LiveVideoMonitor as a result of LiveVideoMonitor’s negligent performance to any degree of failure of LiveVideoMonitor’s obligations or equipment failure, or strict products liability, that LiveVideoMonitor’s liability shall be limited to the sum of $250.00 (Two Hundred and Fifty Dollars).

Governing Law:

The rights and obligations of the Parties under this Agreement shall be governed by, and construed in accordance with, the internal substantive laws of the State of New York, without giving effect to the conflict of law provisions thereof.  The Parties to this Agreement hereby irrevocably consent to the jurisdiction of the state courts located in New York, N.Y. and hereby irrevocably waive any claim they may have that any proceedings brought in such courts have been brought in an inconvenient forum.

Full Agreement/Severability:

This Agreement is the full understanding of the parties, and there are no oral agreements, understanding or representations between the parties. Should any provisions of this agreement be deemed void, the remaining provisions shall remain in full force and effect