Rinkor Terms & Conditions

1. Work to be performed during Rinkor’s normal business hours. Monday-Friday, 7-4.
2. Cancellations on confirmed appointments will result in mobilization charges without 24 hours notice
3. This quote is contingent upon all current/existing infrastructure and hardware being in working condition
4. The customer is responsible for power and network required to commission the system
5. Patching/painting is NOT included in our proposal
6. Payment terms are NET 30 with auto assessing finance fees on past due invoices
7. Recurring charges are billed annually in advance on the first day of your term
8. Subscription changes as a result of service or install will be prorated to your renewal
9. Rinkor may use substitute products and/or services that meet the requirements of this agreement without communication or notice in an effort to complete in a timely manner
10. TERM OF AGREEMENT / RENEWAL: The term of this agreement shall be for a period of one year and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof RINKOR shall be permitted from time to time to increase all charges by an amount not to exceed nine percent each year and Subscriber agrees to pay such increase.
11. MONITORING CENTER SERVICES: Upon receipt of an alarm signal, video or audio transmission, from Subscriber’s security system, RINKOR or its designee Monitoring Center shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department [First Responders] depending upon the type of signal received. Not all signals or transmissions will require notification to the authorities and Subscriber may obtain a written response policy from RINKOR. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber’s premises directly to municipal police or fire departments are not monitored by personnel of RINKOR or RINKOR’s designee Monitoring Center and RINKOR does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals and transmissions are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication, and pass through communication networks wholly beyond the control of RINKOR and are not maintained by RINKOR except RINKOR may own the radio network, and RINKOR shall not be responsible for any failure which prevents transmission signals from reaching the Monitoring Center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish RINKOR with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. Unless otherwise provided in the Call List, RINKOR will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with RINKOR’s notification obligation. All changes and revisions shall be supplied to RINKOR in writing. Subscriber authorizes RINKOR to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting Monitoring Center to monitor video or sound then upon receipt of an alarm signal, Monitoring Center shall monitor video or sound for so long as Monitoring Center, in its sole discretion, deems appropriate to confirm an alarm or emergency condition. If Subscriber requests RINKOR to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay RINKOR for remote support as incurred. RINKOR may, without prior notice, suspend or terminate its services, in RINKOR’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event Monitoring Center facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms or runaway signals. Monitoring Center is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by RINKOR.
12. REPAIR SERVICE: RINKOR shall service upon Subscriber’s request the security system installed in Subscriber’s premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber’s premises, or caused by unauthorized intrusion, water, insects, vermin, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connected with the security system as originally installed without RINKOR’s written consent.
13. SUBSCRIBER REMOTE ACCESS: If Remote Access is included in the Schedule of Equipment and Services to be installed and services provided by RINKOR, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service from remote device supplied by RINKOR or Subscriber’s Internet or wireless connection device which is compatible with RINKOR’s remote services. RINKOR will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed or, when system design permits, connect the system to the Internet, over which RINKOR has no control. The remote services server is provided either by RINKOR or a third party. RINKOR shall install the equipment in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. RINKOR shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise and shall not monitor or view the camera data. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology [NSIT] or any other established criteria for encryption and RINKOR shall have no liability for access to the alarm system by others.
14. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high-speed Internet access and/or wireless services at Subscriber’s premises. RINKOR does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system, RINKOR will authorize Subscriber access. RINKOR is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber’s security system can be compromised if the codes or devices used for access are lost or accessed by others and RINKOR shall have no liability for such third party unauthorized access. RINKOR is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock out codes. RINKOR is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. If Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service.
15. ACCESS CONTROL SYSTEM OPERATION AND LIMITATIONS / ACCESS CONTROL ADMINISTRATION: If Access Control is selected as a service to be provided and included in the Schedule of Equipment and Services, Access Control equipment shall be connected to a computer supplied by the Subscriber and connected to Subscriber’s computer network. If data storage or backup is a selected service RINKOR or its designee shall store and/or backup data received from Subscriber’s system for a period of one year. RINKOR shall have no liability for data corruption or inability to retrieve data even if caused by RINKOR’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Internet access is not provided by RINKOR and RINKOR has no responsibility for such access or IP address service. RINKOR shall have no liability for unauthorized access to the system through the Internet or other communication networks or data corruption or loss for any reason whatsoever. If Access Control Administration is selected as a service to be provided RINKOR will maintain the data base for the operation of the Access Control System. Subscriber will advise RINKOR of all change in personnel and/or changes in access levels of authorization and restrictions, providing access card serial numbers or biometric data and such information that Subscriber deems necessary to identify personnel. All communication by Subscriber to RINKOR regarding personnel access must be in writing via email or fax to addresses designated by RINKOR. RINKOR shall have remote Internet access to the Subscriber’s designated access control computer to program and make data base updates to the system. Subscriber is responsible for maintaining its computer and computer network and Internet access.
16. AUDIO / VIDEO SYSTEM OPERATION AND LIMITATIONS: If Audio / Video System is selected as a service to be provided and included in the Schedule of Equipment and Services, and if video equipment is attached to a recorder, it shall not be used for any other purpose. RINKOR shall be permitted to access and make changes to the system’s operation on site and over the internet. If data storage is selected service, RINKOR shall store data received from Subscriber’s system for one year. RINKOR shall have no liability for data corruption or inability to retrieve data even if caused by RINKOR’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Telephone or internet access is not provided by RINKOR and RINKOR has no responsibility for such access or IP address service. If system has remote access RINKOR is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock outs. RINKOR shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever. If audio or video devices are installed, Subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. RINKOR has made no representations and has provided no advice regarding the use of audio or video devices, and it is Subscriber’s sole responsibility to use the camera and audio devices lawfully.

LIMITED WARRANTY ON SALE

1. In the event that any part of the security equipment becomes defective, RINKOR agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of one year from the date of installation. RINKOR reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life. RINKOR is not the manufacturer of the equipment and other than RINKOR’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, RINKOR makes no express warranties as to any matter whatsoever, including, without limitation to, unless prohibited by law, the condition of the equipment, its merchantability, or its fitness for any particular purpose and RINKOR shall not be liable for consequential damages. RINKOR does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed. RINKOR expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than RINKOR. Subscriber acknowledges that any affirmation of fact or promise made by RINKOR shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on RINKOR’s skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that RINKOR has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber’s exclusive remedy for RINKOR’s breach of this agreement or negligence to any degree under this agreement is to require RINKOR to repair or replace, at RINKOR’s option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to other service contracted in this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, RINKOR will procure all permits required by local law and will provide a Certificate of Workman’s Compensation prior to starting work.

GENERAL PROVISIONS

1. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: RINKOR shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including RINKOR’s negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of RINKOR, RINKOR shall have such additional time for performance as may be reasonably necessary under the circumstances. Subscriber agrees to pay RINKOR the sum of $1,000 per day for each business day the work is re-scheduled or delayed by Subscriber or others engaged by Subscriber through no fault of RINKOR on less than 24 hour notice to RINKOR. If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of RINKOR, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk of loss of material once delivered to the job site. Should RINKOR 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 Subscriber agrees to pay RINKOR for such service or material.
2. TESTING OF SECURITY SYSTEM: The parties hereto agree that the security equipment, 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 security equipment and to notify RINKOR if any equipment is in need of repair. Service, if provided, is pursuant to paragraphs 4 and 7. RINKOR shall not be required to service the security equipment unless it has received notice from Subscriber, and upon such notice, RINKOR shall, during the warranty or repair service plan period, service the security equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Subscriber agrees to test and inspect the security equipment and to advise RINKOR of any defect, error or omission in the security equipment. In the event Subscriber complies with the terms of this agreement and RINKOR fails to repair the security equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the security equipment is in need of repair to RINKOR, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the security equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the security equipment is in issue, the Subscriber shall be precluded from raising the issue that the security equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by RINKOR, evidencing that warranty service was requested by Subscriber.
3. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber’s premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life, are not included in warranty or service under paragraph 4(b) (ii) and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connected with the security system as originally installed without RINKOR’s written consent.
4. ALTERATION OF PREMISES FOR INSTALLATION: RINKOR is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in RINKOR’s sole discretion for the installation and service of the security system, and RINKOR shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement.
5. SUBSCRIBER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, Internet connection, high-speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by RINKOR.
6. LIEN LAW: RINKOR or any subcontractor engaged by RINKOR to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
7. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless RINKOR, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys’ fees and losses, asserted against and alleged to be caused by RINKOR’s performance, negligence or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third-party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against RINKOR or RINKOR’s subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of RINKOR, which shall not unreasonably be withheld. RINKOR shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations herein upon such assignment.
8. EXCULPATORY CLAUSE: RINKOR and Subscriber agree that RINKOR is not an insurer and no insurance coverage is offered herein. The security system, equipment, and RINKOR’s services are designed to detect and reduce certain risks of loss, though RINKOR does not guarantee that no loss or damage will occur. RINKOR is not assuming liability, and, therefore, shall not be liable to Subscriber or any other third party for any loss, economic or non-economic, in contract or tort, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of equipment failure, human error, burglary, theft, hold-up, fire, smoke, water or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by RINKOR’s breach of contract, negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty, except for intentional willful misconduct.
9. INSURANCE / ALLOCATION OF RISK: Subscriber shall maintain a policy of Comprehensive General Liability and Property Insurance for liability, casualty, fire, theft, and property damage under which Subscriber is named as insured and RINKOR is named as additional insured and which shall cover any loss or damage RINKOR’s services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Subscriber assume all potential risk and damage that may arise by reason of failure of the equipment, system or RINKOR’s services and that Subscriber will look to its own insurance carrier for any loss or assume the risk of loss. RINKOR shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Subscriber from insurance covering such loss or damage or for such loss or damage against which Subscriber is indemnified or insured. Subscriber and all those claiming rights under Subscriber waive all rights against RINKOR and its subcontractors for loss or damages caused by perils intended to be detected by RINKOR’s services or covered by insurance to be obtained by Subscriber, except such rights as Subscriber or others may have to the proceeds of insurance.
10. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF RINKOR AS A RESULT OF RINKOR’S BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF RINKOR’S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, WHETHER ECONOMIC OR NON-ECONOMIC, IN CONTRACT OR IN TORT, THAT RINKOR’S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE RINKOR’S AMOUNT OF LIMITATION OF LIABILITY, SUBSCRIBER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH RINKOR’S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE.
11. SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS EXCULPATORY CLAUSE, INDEMNITY, INSURANCE, ALLOCATION OF RISK AND LIMITATION OF LIABILITY PROVISIONS.
12. LEGAL ACTION / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING ARBITRATION: The parties agree that due to the nature of the services to be provided by RINKOR, the payments to be made by the Subscriber for the term of this agreement form an integral part of RINKOR’s anticipated profits; that in the event of Subscriber’s default it would be difficult if not impossible to fix RINKOR’s actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to RINKOR, Subscriber shall be immediately liable for any unpaid installation and invoiced charges plus 80% of the balance of all payments for the entire term of this agreement as LIQUIDATED DAMAGES and RINKOR shall be permitted to terminate all its services, including but not limited to terminating monitoring service, under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein.
13. SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.
14. RINKOR’S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that RINKOR is authorized and permitted to subcontract any services to be provided by RINKOR to third parties who may be independent of RINKOR, and that RINKOR shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber appoints RINKOR to act as Subscriber’s agent with respect to such third parties, except that RINKOR shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to RINKOR’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of RINKOR.
15. MOLD, OBSTACLES AND HAZARDOUS CONDITIONS: Subscriber shall notify RINKOR in writing of any undisclosed, concealed or hidden conditions in any area where installation is planned, and Subscriber shall be responsible for removal of such conditions. In the event RINKOR discovers the presence of suspected asbestos or other hazardous material, RINKOR shall stop all work immediately and notify Subscriber. It shall be Subscriber’s sole obligation to remove such conditions from the premises, and if the work is delayed due to the discovery of suspected asbestos or other hazardous material or conditions then an extension of time to perform the work shall be allowed and Subscriber agrees to compensate RINKOR for any additional expenses caused by the delay but not less than $1000.00 per day until work can resume. If RINKOR, in its sole discretion, determines that continuing the work poses a risk to RINKOR or its employees or agents, RINKOR may elect to terminate this agreement on 3 day notice to Subscriber and Subscriber shall compensate RINKOR for all services rendered and material provided to date of termination. RINKOR shall be entitled to remove all its equipment and uninstalled equipment and material from the job site. Under no circumstances shall RINKOR be liable to Subscriber for any damage caused by mold or hazardous conditions or remediation thereof.
16. NON-SOLICITATION: To the extent not prohibited by California Business and Professions Code Section 16600, Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of RINKOR assigned by RINKOR to perform any service for or on behalf of Subscriber. In the event of Subscriber’s violation of this provision, in addition to injunctive relief, RINKOR shall recover from Subscriber an amount equal to such employee’s salary based on the average three months preceding employee’s termination of employment with RINKOR, times twelve, together with RINKOR’s counsel and expert witness fees.
17. FALSE ALARMS / PERMIT FEES / WITNESS FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse RINKOR for any fees or fines relating to permits or false alarms. RINKOR shall have no liability for permit fees, false alarms, false alarm fines, the manner in which police or fire department responds, or the refusal of the police or fire department to respond. In the event of termination of police or fire department response this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. In the event Subscriber or any third party subpoenas or summons RINKOR requiring any services or appearances, Subscriber agrees to pay RINKOR $175 per hour for such services and appearances. Subscriber shall reimburse RINKOR for any Monitoring Center charges for excessive, run-a-way or false alarm signals.
18. SECURITY INTEREST / COLLATERAL: To secure Subscriber’s obligations under this agreement Subscriber grants RINKOR a security interest in the security equipment installed by RINKOR and RINKOR is authorized to file a financing statement.
19. CREDIT INVESTIGATION: Subscriber and any guarantor authorize RINKOR to conduct credit investigations from time to time to determine Subscriber’s and guarantor’s credit worthiness.
20. FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitute the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern. This agreement shall run concurrently with and shall not terminate or supersede any existing agreement between the parties unless specified herein. Should any provision of this agreement be deemed void, the remaining parts shall be enforceable.
21. The prevailing party in any litigation or arbitration is entitled to recover its reasonable legal fees from the other party. In any action commenced by RINKOR against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. SUBSCRIBER AGREES THAT SUBSCRIBER MAY BRING CLAIMS AGAINST RINKOR ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., ITS SUCCESSORS OR ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM AND THE FEDERAL ARBITRATION ACT, EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement and is authorized to conduct proceedings by telephone, video, submission of papers or in-person hearing. By agreeing to this arbitration provision you are waiving your right to a trial before a judge or jury, waiving your right to appeal the arbitration award and waiving your right to participate in a class action. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service. The parties submit to the jurisdiction and laws of California, except for arbitration which is governed by the FAA and agree that any litigation or arbitration between the parties may be commenced and maintained in the county where RINKOR’s principal place of business is located, Sonoma County CA USA. The parties waive trial by jury in any action between them unless prohibited by law. Any action between the parties must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings by either party must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against RINKOR 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.

SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT SUBSCRIBER IS WAIVING SUBSCRIBER’S RIGHT TO TRIAL IN A COURT OF LAW AND OTHER RIGHTS.