This Services Agreement ("Agreement") is between you ("User") and MAXBLUE WIRELESS, llc("Company"). In consideration of the right to access and use the maxblue wireless rcs website www.maxbluewireless.com  ("Website"), and receive services offered through the Website and related services intended only for the uses set forth in Section 19 below (the "Services"), User agrees to the terms and conditions of use set forth in this Agreement and acknowledges that he or she is at least 18 years of age. Clicking I agree and the submit button, indicates User's agreement to be legally bound by the terms and conditions of this Agreement as set forth below. This Agreement applies to the Services currently offered by Company and any Services that the Company may choose to offer in the future (unless stated otherwise). Company may assign this Agreement and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to User. Company may assign this Agreement and its rights and obligations pertaining to the provision of the Services, or parts thereof, to any other entity with reasonable notice to User. User may not assign this Agreement or its rights and obligations hereunder without prior written consent from Company. User may not assign this Agreement or its rights and obligations hereunder without prior written consent from Company.
1. Covenant to Read Agreement.
User acknowledges that User has read this Agreement and accepts the terms thereof. If User does not agree to these terms and conditions, User may not access or otherwise use the Website or the Services.
2. Company's Use of Independent Contractor to Provide Services.
The term "Provider", when used in this Agreement, shall refer to Company as well as any independent contractor(s) engaged by Company to perform some or all of the Services. Company has contracted with an independent contractor to provide some or all of the Services, including without limitation the storage of images that User may record using the Services. User acknowledges and consents to the provision of some or all of the Services by any independent contractor(s) engaged by Company for such purposes. User also acknowledges and consents to the use of a reputable third-party credit card processing service in connection with the receipt and processing of payments for the Services.
3. Description of Services.

• (a) The Services include an Internet protocol-based facility for viewing and/or recording images ("Images") and receiving data ("Data") generated by video cameras and other related products that are purchased and installed by User. The Images may be a "live" succession of "still" video images. The Data may consist of data produced by contact, temperature, water, or other sensors, to the extent such sensors are available and supported by the system.
• (b) In some cases, Users may set controls that provide for automatic or manual operation of Image recording. The Images and Data (both of which may only be obtained or stored consistent with the Intended Use set forth below in Section 19) may be recorded, stored, backed-up and archived by Provider. User may use up to 50 megabytes of storage for such purposes at any given time, unless User purchases an upgrade option for a higher storage limit (up to 250 megabytes of storage).
• (c) User is responsible for establishing, configuring, and using the Services and User's video camera(s) and related products in a lawful manner and for obtaining any transmission or Internet access service and related facilities. User is responsible for maintaining the confidentiality of all passwords that may be issued to User in connection with the use of the Services.
• (d) The Services do not include monitoring of User's Images or Data by Provider for any reason other than as set forth in Section 4, and the Services, including the Images and Data, are not intended to be used as a security system or a component of a security system.

4. Provider's Control Over Website.

• (a) The Images and other Data collected and stored by User are the property of User. Provider will not appropriate User's Images or Data without User's written consent, provided that Provider may act for the purposes set forth below or in Company's Privacy Policy or Company's Acceptable Use Policy ("AUP"). Click here to view Company's Privacy Policy. Click here to view Company's Acceptable Use Policy. Use of the Services is subject to the Company's Privacy Policy and the Company's AUP, both of which are incorporated herein by reference. To the extent any terms may conflict, the order of precedence shall be this Agreement, the Company's Privacy Policy, and the Company's AUP.
• (b) Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or any related software that may be used to provide the Services.
• (c) User agrees that Provider may, without notice to User, (i) report to the appropriate authorities any conduct that Provider believes violates applicable law, and (ii) provide any data or information, including User's stored Images and any other Data and User's confidential or identity information, in response to a lawful request from a law enforcement or government agency. Provider may provide any data or information, including User's stored Images and any other Data and User's confidential or identity information, in response to a formal request in a civil action that on its face meets the requirements for such a request.
• (d) Provider does not control any information, images or material posted (collectively, the "Postings") on the Website by other users and, therefore, Provider does not guarantee the accuracy, integrity or quality of such Postings. Provider reserves the right, in its sole discretion, to refuse to post, or to remove any Posting of User or any other user, for any reason.
• (e) Provider may remove any data that has been stored using the Website that Provider discovers violates any terms of this Agreement or that is otherwise objectionable to Provider.

5. Company's Right to Amend Agreement or Limit Services.

• (a) Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website, and Company reserves the right to require User to accept those changes as a condition for User's continued use of the Services. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website or Services constitutes User's acceptance thereof.
• (b) Company may change, suspend or discontinue any aspect of the Website or Services at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment or software needed for access or use.
• (c) Company may also impose limits on certain features and Services or restrict User's access to parts or all of the Website, the User's Images and Data without notice or liability.

6. Intellectual Property Rights.

• (a) The Website, Services, and related products and software are or may be protected, in whole or in part, by patent, copyright, trademark, trade secret, or other intellectual property rights under United States or foreign laws, international conventions, and treaties (collectively, "Intellectual Property"). Without limiting the foregoing, Company's/Provider's logos, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
• (b) All materials contained on the Website (the "Content"), excluding any User's Images and other Data, are or may be protected by copyright and are owned or controlled by Company/Provider or the party credited as the provider thereof. User will abide by any and all additional copyright or other Intellectual Property notices, information, or restrictions contained in any Content on the Website.
• (c) User may download and make copies of the Content and other downloadable items displayed on the Website for User's use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than User's use is expressly prohibited without the prior written consent of the Company/Provider and of the copyright holder identified in the Content's copyright notice. USE OF ANY DOWNLOADED SOFTWARE BY USER MAY ALSO BE SUBJECT TO THE TERMS OF A SEPARATE USER LICENSE AGREEMENT THAT WILL, IF APPLICABLE, BE SUBMITTED TO USER PRIOR TO SUCH DOWNLOAD(S). USER ACKNOWLEDGES AND AGREES THAT USER'S ABILITY TO USE THE SERVICES MAY BE AFFECTED BY OR CONDITIONED UPON USER'S AGREEMENT TO ONE OR MORE SUCH LICENSE AGREEMENTS.
• (d) User hereby waives all rights to any claim against Provider for any alleged or actual infringements of any Intellectual Property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any Images or other Data that may be transmitted by or for User in connection with the Services.
• (e) The Digital Millennium Copyright Act of 1998 The Digital Millennium Copyright Act of 1998 addresses the remedies available to copyright owners and the responsibilities of Internet service providers (ISPs). Under the Act, a copyright owner claiming that unauthorized material is stored on a system or network controlled by an ISP may provide specific notice of such claim to the ISP’s Designated Agent and request that the infringing material be removed or that access to the stored material be blocked.

If you believe in good faith you have such a claim, please promptly notify maxblue wireless’s  Designated Agent:

To be effective under the Act, your notification must be made in writing or by e-mail and must include the following:

• Identification of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit maxblue wireless to locate the page or site holding the material;
• Information reasonably sufficient to permit maxblue wireless to contact you, such as an address, telephone number, and if available, an electronic mail address;
• A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement under penalty of perjury that the information in the notification is accurate and that you are either the owner of an exclusive right that has allegedly been infringed or are authorized to act on behalf of such owner; and,
• Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed, or as a person legally authorized to act on behalf of such owner);
• Before you provide maxblue wireless with notification of a claimed infringement, you should carefully review your claim to ensure that it is accurate and made in good faith. Under the Act, there are substantial penalties for false claims.

If you received a notice from maxblue wireless regarding a claim of infringement, you may take the following steps to resolve the issue in order to prevent further action by maxblue wireless.

8. Immediately locate the material in question, and remove the infringing material yourself; or
9. contact the complaining party to resolve the issue so that he/she withdraws the complaint and notifies maxblue wireless of such in writing.

Please do not send legal arguments to maxblue wireless. maxblue wireless does not determine the validity of copyright complaints; the actions taken by maxblue wireless are specifically prescribed by the DMCA, not the result of a determination by maxblue wireless of the merits of any claim.
If your material is removed and you believe in good faith that such claim has been wrongly made against you by the claiming party, you may submit a counter-notice to maxblue wireless. You should provide your counter-notification to:
Designated Agent:

A counter-notification under the DMCA must contain the following information:

• Physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant

If maxblue wireless receives a valid counter-notification, the DMCA provides that the removed material will be restored (or the account re-activated) after a waiting period of at least 10, and not more than 14, days unless the complaining party obtains injunctive relief stopping the re-posting of the material.
Before you provide us with counter-notification denying a claim of Infringement, you should carefully review your statement to ensure that it is accurate and made in good faith. Challenges to claims of infringement must be substantiated in court to withstand the claims by the copyright owner.
Please note: Do not send any other notices, including notifications of account termination, service complaints or any other communications, to the Designated Agent. The Designated Agent is appointed solely for the purpose of receiving and reviewing claims of online copyright infringement made pursuant to the Digital Millennium Copyright Act of 1998. Further, as noted above, please do not send legal arguments to maxblue wireless or attempt to contest the merits of a particular claim. The DMCA does not appoint ISPs to decide copyright complaints. Non-DMCA notices received by the Designated Agent will be deleted with no further action.
7. User's Covenants. User represents, warrants and covenants:

• (a) that User will not use the Services or permit the Services to be used by any other person in a manner inconsistent with the Intended Use set forth below in Section 19 of this Agreement;
• (b) that User will provide accurate information to Provider concerning the State in which the premises that User is monitoring is located, and that User will promptly notify Provider if User intends to monitor premises in a different State;
• (c) that User shall not upload, post, store, view or transmit to or distribute or otherwise publish through the Website or Services any materials that:
• (i) restrict or inhibit any other user from using and enjoying the Website or Services;
• (ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another's privacy, hateful, tortious or indecent;
• (iii) constitute surreptitious monitoring and/or recording of individuals conducting private activities while rightfully present at the premises being monitored or recorded;
• (iv) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
• (v) violate, plagiarize, or infringe the rights of third parties, including, but not limited to, Intellectual Property rights, rights of privacy or publicity or any other proprietary rights;
• (vi) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• (vii) contain any information, software or other material of a commercial nature;
• (viii) contain advertising of any kind;
• (ix) constitute or contain false or misleading indications of origin or statements of fact; or
• (x) would harm minors in any way.
• (d) User also promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website or any Services offered. User may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure (e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not disclose to or share User's account number or password with any third parties or use the password for any unauthorized purposes.
• (e) User further promises to use the Services, the Website and all related products and software (i) for legal purposes only and (ii) consistent with the Intended Use set forth in Section 19 below, and any failure of User to abide by such promise shall give Company the immediate right to terminate this Agreement and shall immediately and automatically render void all rights of User and obligations of Provider under this Agreement to the fullest extent permissible by law.
• (f) User will keep confidential all passwords and usernames issued to User, and User is solely responsible for any liability or damages resulting from any failure to maintain that confidentiality. User is also solely and fully responsible and liable for all activities that occur under User's password or username, or any password or username issued to User. User agrees to do all of the following: (i) immediately notify Company if User suspects any breach of security such as loss, theft, or unauthorized disclosure or use of any password or username, (ii) ensure that User exits from User's account at the end of each session, and (iii) periodically change all passwords.
• (g) User will not violate, plagiarize, or infringe any of Provider's rights, including Intellectual Property rights, in connection with the Website or the Services.

8. User's Acknowledgments.

• (a) User acknowledges that Provider may encrypt any Images or Data that are sent or stored in connection with User's use of the Services. Furthermore, while Provider generally maintains commercially reasonable Internet security devices, User acknowledges there is no way to achieve a predictable level of security over the Internet. Accordingly, User further acknowledges that any transmissions to and from the Website could potentially be read or intercepted by third parties not affiliated with Provider.
• (b) User acknowledges that any reliance upon any Services offered, or related products or software, or any material on the Website or any of its links shall be at User's own risk.
• (c) User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of Services.
• (d) User acknowledges that by using the Website or the Services, User may be exposed to information or material that may be offensive, indecent, objectionable or otherwise inappropriate and that in no way will Provider be liable or held responsible for any such material.
• (e) User acknowledges that User is responsible for maintaining the confidentiality of User's password and account information and that User is fully liable for all activities that occur under User's password or account. Additionally, User acknowledges that he or she will notify Company immediately if there has been any unauthorized use of User's password or account.
• (f) User acknowledges that Provider does not attempt to review, edit, modify, regulate or control the content of any sites that are listed on or otherwise linked to the Website, (individually or collectively, a "Third Party Site") and that Provider shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any Third Party Site or for any goods or services purchased from such site.

(g) User acknowledges that use of the Services is subject to Company's AUP, and that violations of Company's AUP may also be considered a material breach of this Agreement and may result in suspension or termination of the Services. Company's AUP may be reviewed at: www.maxbluewireless.com/AUP
9. Disclaimers.

• (a) By using the Website and Services, User may have access to Third Party Sites, as well as resources and sponsors of the Website. Access and links to and from any Third Party Site do not constitute an endorsement by Provider or any of its subsidiaries or affiliates of any Third Party Site, or the resources or content available on those sites. Provider makes no guarantees as to Third Party Sites and information found on the Internet which User may access through use of the Website.
• (b) Provider does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
• (c) Provider is not an author or editor of materials posted to the Website by users, and Provider is not responsible for any such materials posted thereby.
• (d) Provider disclaims any and all responsibility for content contained in any third party materials provided through links on the Website.
• (e) User understands that all User's Images and Data ("User's Content") is User's sole responsibility, as the person from whom such User's Content originated. This means that User, and not Provider, its affiliates, partners or suppliers, is entirely responsible for all User's Content that User uploads, downloads, posts, transmits, or otherwise backs-up or stores via the Services. User expressly agrees that Provider does not control the User's Content that User posts via the Services, and Provider and its affiliates, partners and suppliers do not guarantee the accuracy, integrity, quality, or completeness of such User's Content. There is a risk that others may attempt to access User's computer or User's Content through the Internet or connected networks. User acknowledges this risk as inherent to the nature of the Services and the related products and software, and User agrees to take full responsibility for any unauthorized access to or loss of User's Content. Under no circumstances will Provider nor its affiliates, partners or suppliers be liable in any way for any loss or damage of any kind incurred as a result of the use, loss, or damage of any User's Content uploaded, downloaded, posted, transmitted or otherwise backed-up or stored via the Services.
• (f) While the Website may provide links to retailers and other vendors (collectively, "Merchants") who sell their products on-line, Provider does not endorse or control these independent Merchants. Accordingly, Provider does not provide any warranty or guarantee of any kind that User will be satisfied with the products or services offered by Merchants and Provider disclaims any and all responsibility for any such products or services purchased or otherwise used or obtained by User.

10. Disclaimer of Warranty.
THE SERVICES AND THIS WEBSITE AND ANY RELATED PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE". USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE SERVICES AND THE WEBSITE AND ALL ITS CONTENTS AND ALL RELATED PRODUCTS AND SOFTWARE IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR (i) ANY BODILY INJURY OR DEATH TO USER OR ANY THIRD PARTY THAT RESULTS FROM THE USE, DESIGN, MALFUNCTION, OR FAILURE OF THE WEBSITE OR SERVICES OR ANY RELATED PRODUCTS OR SOFTWARE OR (ii) ANY DAMAGE OR LOSS TO USER'S PROPERTY OR ANY THIRD PARTY'S PROPERTY THAT RESULTS FROM THE USE, DESIGN, MALFUNCTION, OR FAILURE OF THE WEBSITE OR SERVICES OR ANY RELATED PRODUCTS OR SOFTWARE.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND PROVIDER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE WEBSITE, SERVICES OR RELATED PRODUCTS OR SOFTWARE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, OR RELATED PRODUCTS OR SOFTWARE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, ANY GOODS OR SERVICES OFFERED, PURCHASED OR OBTAINED THROUGH THE WEBSITE, ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR THAT THE WEBSITE OR RELATED SOFTWARE WILL MEET USER'S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
PROVIDER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF USER OR ANY OTHER USER. IF USER IS DISSATISFIED WITH THE WEBSITE, SERVICES, RELATED PRODUCTS OR SOFTWARE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES.
THE WEBSITE MAY CONTAIN LINKS AND POINTERS TO OTHER INTERNET SITES, AS WELL AS TO RESOURCES AND SPONSORS OF THE WEBSITE. LINKS TO AND FROM THE WEBSITE TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
ADVICE OR INFORMATION OBTAINED BY USER, EITHER ORALLY OR IN WRITING, FROM THE WEBSITE OR THROUGH THE SERVICES SHALL NOT CREATE ANY WARRANTY OF ANY KIND.
11. Liquidated Damages and Provider's Limited Liability.

• (a) It is understood and agreed by the parties hereto that the payments provided for herein are based solely on the value of the Services as described herein and are unrelated to the value of any property located on User's premises; that Provider is not liable for losses which may occur in cases of malfunction or non function of any Services, the Website or any related products or services; THAT PROVIDER IS NOT LIABLE FOR BODILY INJURY, DEATH, OR PROPERTY LOSSES WHICH MAY ACTUALLY OR ALLEGEDLY OCCUR AS A RESULT OF THE MONITORING, SIGNAL HANDLING, OR OTHER ASPECTS OF THE WEBSITE OR THE SERVICES OR THE FAILURE OF RELATED PRODUCTS OR SOFTWARE, EVEN IF DUE TO PROVIDER'S SOLE OR PARTIAL NEGLIGENCE; that Provider is not an insurer; and, if User desires insurance coverage for personal injury, property loss, damage to and on User's premises, such insurance must be separately obtained and/or maintained by User. User expressly understands and acknowledges that Provider offers several different levels of Services and that both the system and Services and related products and software have been chosen by User after considering and balancing performance of the various systems and the related costs.
• (b) IT IS AGREED THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF PROVIDER'S WEBSITE, PRODUCTS, SOFTWARE AND/OR SERVICES, DUE TO THE UNCERTAIN VALUE OF USER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES FOR WHICH PROVIDER'S WEBSITE, PRODUCTS, SOFTWARE OR SERVICES MAY BE USED BY USER TO MONITOR, THE UNCERTAIN CAUSE OF ANY FAILURE, AND ESTABLISHING A CAUSAL CONNECTION BETWEEN ANY FAILURE AND USER'S POSSIBLE LOSS. THEREFORE IF SECTION 11(a) OF THIS AGREEMENT IS JUDICIALLY DETERMINED TO BE INVALID OR UNENFORCEABLE AND ANY LIABILITY IS JUDICIALLY IMPOSED ON PROVIDER, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS FOR PROPERTY DAMAGE OR PERSONAL INJURY, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY USER TO PROVIDER FOR ANY PRODUCTS AND SOFTWARE LICENSES AND ANY MONTHLY SERVICE CHARGE FOR THE MONTH IN WHICH ANY SUCH DAMAGE OR INJURY OCCURRED OR $500.00, WHICHEVER IS LESS. THIS SUM SHALL BE PAID AND RECEIVED EITHER (i) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, OR (ii) AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES. THE PAYMENT OF THIS AMOUNT SHALL BE PROVIDER'S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF PROVIDER, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST PROVIDER MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREOF.
• (c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU, the USER.

12. Indemnification.

• (a) User agrees to indemnify, defend and hold harmless Provider, its affiliates, officers, directors, employees, consultants, agents, representatives, and contractors from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with User's use of the Services, the Website or any related products or software, User's breach of the terms of this Agreement, or User's infringement, or infringement by any other person using User's account, of any Intellectual Property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Provider's successors, assigns and licensees.
• (b) The Services, the Website and all related products and software are designed for legal uses only. It is User's responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website and all related products and software. User shall indemnify and hold harmless Provider, its affiliates, officers, directors, employees, consultants, agents, representatives, and contractors from any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with User's use of the Services, the Website and all related products and software.
• (c) SINCE THE PARTIES AGREE THAT USER RETAINS THE SOLE RESPONSIBILITY FOR THE LIFE AND SAFETY OF ALL PERSONS ON USER'S PREMISES, AND FOR PROTECTING AGAINST LOSSES TO HIS/HER OWN PROPERTY OR THE PROPERTY OF OTHERS ON USER'S PREMISES, USER AGREES TO INDEMNIFY AND HOLD HARMLESS PROVIDER AND ITS EMPLOYEES, ASSIGNS, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LAWSUITS AND LOSSES, BY PERSONS NOT A PARTY TO THIS AGREEMENT, ALLEGED TO BE CAUSED BY THE WEBSITE OR THE SERVICES OR RELATED PRODUCTS OR SOFTWARE, WHETHER DUE TO MALFUNCTIONING OR NONFUNCTIONING OF THE WEBSITE, SERVICES, OR RELATED PRODUCTS OR SOFTWARE OR THE NEGLIGENT DESIGN, PERFORMANCE OR NONPERFORMANCE OF THE WEBSITE, SERVICES OR RELATED PRODUCTS OR SOFTWARE BY PROVIDER OR ITS EMPLOYEES, ASSIGNS, AGENTS, OR CONTRACTORS, WHETHER INTENTIONAL, WILLFUL, OR INADVERTENT.
• (d) User covenants to cooperate fully in the defense of any claim.
• (e) Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of the Provider.

13. Notices.
Except as explicitly stated otherwise, any notices shall be given by e-mail to help@maxblueworeless.com (in the case of Company) or to the e-mail address User provided to Company during User's use of the Website (in the case of User), or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notwithstanding anything in this Agreement to the contrary, Company shall have no obligation to notify User if User does not maintain and provide a valid email or other address for notification purposes.
14. Prices and Payments.
Some of the Content and/or Services may be offered to User conditioned on User's purchase of a subscription. User may purchase a subscription on either a month-to-month basis, or for a (1) one year term. User may also select a service plan based on the number of  physical locations User wishes to monitor. User may upgrade service plans during the term of their subscription without penalty, and the applicable monthly service charge will change to reflect the new service plan with the next months billing cycle. If User agrees to subscribe, User further warrants and agrees that all information that User submits to Provider (or a third-party credit card processing service engaged by Provider) is true and accurate (including without limitation, User's credit card number and expiration date), and User shall pay all charges or fees to User's account, including all applicable taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Company reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website or Services and to institute new charges or fees upon reasonable notice to User. User must provide Company with valid credit card information.

• (a) Unless prior notice is received by Provider, User's subscription will be renewed automatically. The renewal price will be the same as the original price User agreed to pay, unless User is notified in advance by Company.
• (b) If User's credit card is not valid, or if User's credit card can not be processed at the time of the renewal charge, Company reserves the right to immediately terminate or suspend User's access to the Website and Services, in the case of termination thereby terminating this Agreement and all of Company's obligations hereunder.
• (c) Billing for the Services commences when Provider has activated the Services. Activation of the Services by Provider takes place upon registration of the controller by User, or, thirty (30) days following receipt of the controller by User if User does not register the controller within that thirty (30) day period. Upon commencement of billing, User will be billed for the first thirty (30) days of Services. Recurring charges for each month's Services will then be billed one (1) month in arrears. If User terminates Services within thirty (30) days of service activation, the charge to User will not be pro-rated. If User terminates after the first thirty (30) days, User will be charged for the full month. If User purchases a one (1) year subscription, User will receive a fifty ($50.00) dollar discount on the purchase of equipment and User will be billed the monthly service rate elected by User at time of purchase for twelve (12) concurrent monthly billing cycles. If User terminates the one (1) year subscription after the first thirty (30) days of the (1) one year term, User will be charged a fifty ($50.00) dollar early termination fee. If User returns all video camera(s) and related products received from Provider (User to pay all shipping costs) within thirty (30) days of ordering the video camera(s) and related equipment, Provider will refund the amount paid by User for the video camera(s) and related equipment.
• (d) Fees for the Services can only be paid by a charge card or other credit card. By authorizing Provider to charge a charge or other credit card, User is authorizing Provider or a designated representative or agent to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs Provider of such new replacement card account), financial account, or billing account for all fees and charges associated with the Website, Services and any related products and software.
• (e) Provider reserves the right to stop accepting credit cards from one or more issuers. User hereby authorizes Provider (or a third-party credit card processing service engaged by Provider) to charge and/or place a hold on User's credit card with respect to any unpaid charges for the Website, Services or any related equipment or software. User authorizes the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and User agrees that this Agreement is to be accepted as authorization to the issuer of the credit card to pay all such amounts. User authorizes Provider and/or a third-party credit card processing service engaged by Provider to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to User's credit card until such amounts are paid in full. User agrees to provide Provider with updated credit card information upon Provider's request and any time the information User previously provided is no longer valid. User acknowledges and agrees that neither Provider nor any third-party credit card processing service engaged by Provider will have any liability whatsoever for any non-sufficient funds or other charges incurred by User as a result of such attempts to charge, and/or place holds on, User's credit card. If User mistakenly provides a debit card number, instead of a credit card number, User authorizes all charges described herein to be applied to such debit card unless and until User provides a credit card number. In the event User is enrolled, or later enrolls, in an automatic payment or electronic funds transfer plan, User agrees that all sums described herein may be charged, at Provider's option, to the account number provided for such automatic payment or electronic funds transfer plan.
• (f) If User believes User has been billed in error in connection with the Website, Services or any related products or software, User must notify Provider within 60 days of the billing date by contacting Customer Service about the error. Customer Service can be reached at customerservice@maxbluewireless.com. Company will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.

15. Term; Termination.
The term of this Agreement shall commence when the User first visits the Website and uses the Services and shall apply to all of User's subsequent visits and uses. The Company may, with or without cause, immediately terminate this Agreement, and deny User access to the Website and Services. Without limiting the foregoing, Company has the right to immediately terminate any passwords or accounts created by User in the event that User fails to pay for the Services in a timely manner or otherwise breaches this Agreement or engages in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, User will no longer be authorized to access any areas of the Website or use the Services, and any User Images or Data being stored by Provider will be subject to deletion (without backup) at any time. In the event of termination, the following terms of this Agreement shall survive: Sections 4 (Provider's Control over the Website), 6 (Intellectual Property Rights), 7 (User's Covenants), 8 (User's Acknowledgements), 9 (Disclaimers), 10 (Disclaimers of Warranty), 11 (Liquidated Damages and Provider's Limited Liability), 12 (Indemnification), 14 (Prices and Payments), 15 (Term; Termination), 17 (Governing Law and Mandatory, Binding Arbitration), 18 (Enforceability), and 20 (Miscellaneous). Company shall have no obligation to retain any of User's Images or other Data upon termination of this Agreement for any reason.
16. Breach.
Company may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate User's account if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. Company's failure to act with respect to a breach by User or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has, User understands and acknowledges that Company, in its sole discretion, may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement.
17. Governing Law and Mandatory, Binding Arbitration.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. IT IS IMPORTANT THAT YOU, THE USER, READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU, THE USER, CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. THE ARBITRATION PROVISIONS OF THIS SECTION DO NOT APPLY TO RESIDENTS OF CALIFORNIA.

• (a) Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ¡ì¡ì 1 -16. User has the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement or the Website, Services or any related products or software (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any website, service, product, software, or advertising having a connection with this Agreement, any dispute not finally resolved by a small claims court, and any dispute with any independent contractor(s) engaged by Company to provide some or all of the Website, Services or related products or software. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Section 17 is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. You, the User, have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. USER AND PROVIDER BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
• (b) Arbitration Information and Filing Procedures. Before User takes a dispute to arbitration or to small claims court, User must first contact Company's customer account representatives at the following customer service number: 866-571-8021, or write to Company c/o Brad Bridges, AVP Corporate Planning, AT&T Internet Services, 175 E. Houston Street, San Antonio, TX78205-2233, and give the parties an opportunity to resolve the dispute. Similarly, before Company takes a dispute to arbitration, Company must first attempt to resolve it by contacting User. If the dispute cannot be satisfactorily resolved within sixty days from the date User or Company is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. General information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at http://www.adr.org/. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of User's primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying Company within twenty days after commencing an arbitration proceeding, User may elect to relieve both parties to the arbitration of confidentiality obligations.
• (c) Fees and Expenses of Arbitration. User must pay the applicable AAA filing fee when User submits a written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for a document arbitration will be allocated according to the AAA's Rules, except as stated herein. For claims of less than $10,000, User will only be obligated to pay a filing fee of $20 and Company will pay all of the AAA's other costs and fees. For claims between $10,000 and $75,000, User will pay a fee to the AAA of no more than $375, and Company will pay all of the AAA's other costs and fees. If User elects an arbitration process other than a document ("desk") or telephone arbitration, User must pay User's allocated share of any higher administrative fees and costs for the process User selects. If User requests such an alternative process, or for claims of $10,000 or greater, the Company will also consider, upon receiving User's request and on a case-by-case basis, paying some or all of the AAA's fees and expenses that User would otherwise be allocated under the AAA's rules. User also may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's web site, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If User prevails before the arbitrator, however, User may seek to recover the AAA's fees and the expenses of the arbitrator from Company (or Company's independent contractor). If Company (or Company's independent contractor) prevails before the arbitrator, and if it is shown that User acted in bad faith in bringing the claim, then Company (or Company's independent contractor) may seek to recover the AAA's fees and expenses of the arbitrator from User.

18. Enforceability.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
19. Intended Use.

• (a) User acknowledges and agrees that the Services and the Website are designed and provided as a non-essential convenience and have not been designed as, and are not intended to function as, a security system. User acknowledges and agrees that the Services and the Website are not a substitute for a security system or for appropriate, in-person adult supervision of children, the elderly, or others in need of such supervision. User understands that Provider does not monitor any Images or other Data generated by User's use of the Website, Services, or any related products or software, except as set forth in Section 4 of this Agreement to ensure compliance or exercise related rights under this Agreement, and that Provider does not make any representation or guarantee with respect to the availability or reliability of any such Images or Data, the Website, Services or any related products or software.
• (b) User agrees that he/she will not use the Services and related products as, or to replace, safety or security devices. Instead, User will use professional security services and appropriate devices such as smoke and carbon monoxide detectors and professional security alarms.
• (c) User agrees not to use the Website, Services and related products and software in a manner that infringes upon or contravenes any privacy rights or any international or domestic Intellectual Property laws or regulations. User understands that the viewing, recording or copying of images from performances, exhibitions, or neighboring properties, or video-taping someone without their consent, may contravene copyright, privacy, or other legal rights even if the images were obtained for personal use. The Website, Services and related products and software are not intended to be used for the unauthorized monitoring of persons who are rightfully present at the premises being viewed or recorded, and User agrees not to use the Services or the Website or any related products or software in such a manner.
• (d) User agrees that he/she will only use the Services and the Website and any related products and software for the purposes as stated herein. Without limiting the foregoing, User will not use the Services or the Website or any related products or software to view or record any images of tenants or visitors at rental properties, or to monitor areas outside of User's premises.
• (e) User agrees that he/she will not use the Services or the Website or any related products or software in any manner that (i) constitutes, fosters, or promotes child pornography; (ii) violates a person's privacy; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, or interferes with an investigation by law enforcement; (iv) is illegal under laws applicable to User or Provider; (v) may result in retaliation against Provider by offended persons or entities; or (vi) in any manner that violates any of the provisions of this Agreement.
• (f) By registering to use the Services, User acknowledges that in using the Services, User will be causing images, data, and perhaps communications to be sent through computer networks of Company/Provider and other companies, portions of which are located in Texas and other locations in the United States. As a result, use of the Services may result in the transmission of interstate data and/or communications regardless of where User is physically located at the time of transmission. Accordingly, by agreeing to these Services, User acknowledges that use of the Services results in interstate data transmissions.

20. Miscellaneous.
This Agreement, as well as any software licensing agreements entered into between Company and User, constitutes the entire understanding between the parties with respect to User's use of the Website or Services. Any cause of action User may have with respect to the use of the Website, Services or related products or software must be commenced within one (1) year after the claim or cause of action accrues. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. User may not assign any of User's rights, interests, or obligations under this Agreement. Company may assign this Agreement without any prior notice to User. The parties agree that a printed version of this Agreement and of any message, notice or any information given in electronic form shall be admissible in judicial or administrative proceedings based on, arising out of or relating to this Agreement to the same extent and subject to the same conditions as any business documents and records originally created and maintained in printed form.

By clicking the "I Agree" button below, you are acknowledging, just as if you signed a written contract, that

(1) you expressly agree to do business with Company electronically for the services covered by this Agreement and

(2) you have read this Agreement in its entirety and agree to abide by the terms and conditions herein.