Reso 2011-1820 - Laserfiche WebLink

Home Browse Search

17. Severability. If any of the provisions of this Agreement shall be determined by a oourt of CO(npelent iur;sdictiOll to be invalid or unenforceable, then the remainIng provisions of this Agreement shall remain in full force and effect. 18. Arbitration of DIsputes. It Is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be seWed by arbit(atlon in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and bInding upon the parties and judgment upon the award rendered by the arbitrator may be entered In any court having Jurisdiction. Arbitration shall be held In Miami-Dade County, Florida. All costs of arbitratlon and attorneys' fees Incurred by the parties shall be paid by the non. prevailing party or, if neither party prevails on the whole, each party shall be responsIble for it portion of the cOsts of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 19. Legal Actions. All claims, disputes and legal adlons arising under this Agreement (a "legal Action") will be governed by the laws 01 the State where your Premises Is located and any applicable Federal laws, without regard to conflict of law principles. You agree 10 file any claim, dIspute or legal Action arising out of this Agreement, the Equipment or our Services (whether based In negligence, breach of conllatt, breach of warranty, strict liability, or other faull) within two (2)years after the date the cause of action for such claIm accrued. thIs provhlon shall survive the termination of this Agreement and your Account, as welt as voluntary payment In full by you, any legal proceedings by us to coltect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 20. Enllre Agreement, This Agreement is the entire agreement between you and us, and supersedes all previous contracts or agreements between you and us regarding alarm or similar services. You agree thai we are not bound by any representatlon, promise, condition, inducement or warranty, e)(press or Implfed, not Included in this Agreement. The terms and conditions of this Agreement shall govern over the provisIons of any other document, including but not limited to vour purchase orders, with Inconsistent terms. 21. Execution. This Agreement and any signatures on it may be transmitted and delivered by facsimile or other electronic means (such as e.mail), and all such signatures and eleclronic transmissions of this Agreement are to be treated as orfglnals for all purposes and given the same legal force and effect as a signed paper contract. In addition, this Agreement may be signed and accepted electronically by both parties, and the mutually accepted versIon of this Agreemenl, whether printed or elect(onlc, also Is to be treated as an orlglnal for all purposes, with the same legal force and effett as a signed paper contract. Your obligations under this Agreement are blndl'lll on all authoriled users cf the [qulpmenl. Ea~h party has subslantially partle/pated In the drafting <Ind negoti<ltion of thiS Ag(eement, <Ind no provision hereof shall be construed against either party by virtue of the fact that such provision was drafted bv such party. Each party represents and warrants Ihat it has the unqualified right to enter lhls Agreement, and that it has the right to perform all obligations under thIs Agreement. Protecllon One Alarm MonItoring, Inc. licensing Informallon. ALABAMA: Electronic Security Board of licensure, 7956 Vaughn Road, Suite 392. Montgomery, Al 36116, Telephone 334-264-9388. Al: 643, 533, 744, 1018, 28211, A-OI06; ARKANSAS: Arkansas Board of Prlv.lte Investfgators and Private Security 1 State Pollee Plala Drive, Uttle Rock, AR 72209, 501-618-B6oo; #E97-122; ARIZONA: ROCI902>16; CALIFORNIA: Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, California 95814. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACfORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FilED WITHIN FOUR YEARS OF THE DATE OF THE AllEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REfERRED TO THE REGISTAR, CONTACTORS STATE LICENSE BOARD, P.O. BOX 260000, SACRAMENTO, CAlIroRNIA 95826, CA #ACO-3717, 11626615, ACB 4570, ACB 4571, ACe 4572, ACB >1573, ACB 5039, Ace S052, ACB 5054, AC8 5292; CONNECTICUT: IH85182; DELAWARE: 111998200138 1197-54, CSR5l-0029; FLORIDA: EF20000524: GEORGIA; lVA20S766; IOWA: AC-0082, M0310; IDAHO: SC-21391; ILLINOIS: 11127-001000, #128.000113, #128.000151, #128-000115; LOUISIANA: F713; MAINE: #MC60Q18702 ; MARYLAND: 1103371885, #1107-1603; MAS5ACHUSEnS: 10066C; MICHIGAN: 113601205122, #3602203841, IIA.0378, 115103229; MINNESOTA: IIT500502; MISSISSIPPI: 1115007478, 15007925; MONTANA: 11162, #299; NEVADA: 1I003166gA, UF189; NEW MEXICO: #58345, 08.0040; NEW JERSEY: POloo8, 009S786, Of 000354; NEW YORK: licensed by the NYS Oepartmelll of State. NY 1112000261120; NORTH CAROLINA: 111285- CSA, 24466-SP-lV, BPN 001777P6; OHIO: #50-18-1493; 1150-18.0003, 50.25.0001, 50.31.0001; OKLAHOMA: 11621; OREGON: IlC(B116325, #34.428CLE; PENNSYLVANIA: ItPA003926; RHODE ISLAND: 1/9775; SOUTH CAROLINA: /t8AC 5097, flFAC 3162; TENNESSEE: #638, 641, 642, 697; TEXAS: Complaints can be filed In Te)(as with the Texas Commission on Private Security, 5805 lamar Blvd., Austin, Texas 78752. TX ItACR-1637, It B.08690; UTAH: #33C634- 6501; VIRGINIA: 1t11-2!)]3, #2laS, #105226A; WASHINGTON: PHOTW0121<2, ~ROTEOA033BP, 601 354 926; WISCONSIN: 600-000018168101; WYOMING:lllVA17. (REMAINDER OF PAGE INTENTIONAllY BLANK - SIGNATURES ON FOLLOWING PAGE) 64/04181 .DVI6.SCl ti029 GovCenler201:? Pag&6019 SIB