By purchasing a product or service from IotSystems (MallardAlarm.com) or signing up for our text message service,
you acknowledge that you have read this agreement, that you understand its terms and conditions, and that you agree
to be bound legally by it. Review the following agreement carefully. Installation of our products or services
is contingent upon your acceptance of this agreement.
This Agreement is by and between You (“End-User”) and IotSystems, Inc., a NY Company (“Seller”).
Whereas, Seller offers for sale products namely alarms with text notification capability (“Product”).
Whereas, when end user signs up for the seller's Text Message Service ("Service"), the alarm product will
send text notifications to purchaser (“Notifications”).
Whereas, end-user has purchased a Product and Service from Seller and in accordance with this Agreement desires to
use such Product and Service or have such service activated.
Now therefore, in consideration of the mutual covenants contained in this Agreement and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and agreed to by both End-User and
Seller, the Parties agree as follows:
1. Entire Agreement.This Agreement constitutes the entire and only agreement between End-User and Seller and
supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the
subject matter hereof.
2. Effective Date. This Agreement is effective as of the date of purchase of a product
or the signing up for a service. The text messaging service set forth herein is a month to month service and may be
terminated by either party upon 30 days notice to the other party.
3. Products Cost, and Intended Use. The product (MallardAlarm), shall be provided by IotSystems, Inc.,
at an advertised price. The alarm product is intended to be used as described on the website herein. Any use
beyond or against the intended use are at the End-User’s own risk, and Seller does not warrant or make any
representations whatsoever regarding the use of the Product for any unintended use. Seller”s alarm product and it's
service are convenience items and are not intended to be a substitute for normal maintenance and proper upkeep of
the equipment that the alarm product is monitoring.
4. Service Cost, Text Messaging Service. Regardless of whether the Text Messaging Service was provided for
free, the text messaging service is a month to month service. The cost of the service is the advertised price at
the time of signing up. At the beginning of each month, regardless of the date the service was activated, a charge
at the advertised price will be automatically charged to the end user until the service is terminated pursuant to
this agreement.
5. WiFi Product. The product (MallardAlarm) and it's service are WiFi Network and Internet Service Provider
Dependent. End-User is responsible for providing the WiFi Network and Internet Service for the product to connect and send
data. End user is responsible for maintaining and providing a cell phone number that can
accept text messages for the service to work. The Service is not guaranteed, and Seller cannot and does not
guarantee or represent that text messages will be received by end user. It is End-User’s responsibility
to maintain the accounts associated with the device that the text messages are sent. In the event
the product is unable to connect to the end-users WiFi network because it is out of range, the end user is
responsible for providing a WiFi repeater so the connection can be made. End user also agrees to provide the WiFi
security password for the product to connect. Seller is not liable for any causes of action, losses or damages
of any kind whatsoever arising out of mistakes, omissions, interruptions, errors, or defects in the end user's WiFi
Network or Internet Service Provider. Further, End-User expressly understands and agrees that Seller has no
contractual relationship whatsoever with the underlying internet service provider or its affiliates or
contractors and that Seller is not a third-party beneficiary of any agreement between end user and the underlying
internet service provider.
6. Limitation of Liability. End-User and Seller agree that Seller is not an insurer and no insurance
coverage is offered by Seller. Payments to Seller are solely for Product and Service and Seller makes no
representation that Product and Service will reduce any risk of property loss or personal injury or prolong the
life of any equipment or other property; or that Product and Service will in all cases provide adequate warning and
protection. End-User understands that Product and Service if properly installed and maintained may only reduce the
risk of property loss or other loss but Product and Service are not an insurance or a guarantee that there will
be no property loss or other loss as a result. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PROPERTY DAMAGE,
PERSONAL INJURY OR OTHER LOSS BASED ON A CLAIM THE PRODUCT AND SERVICE FAILED TO GIVE WARNING. Moreover, End-User
expressly absolves and releases Seller from any claim of harm resulting from a cause beyond Seller’s control,
including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone,
cellular network, or other connection problems, computer viruses, unauthorized access to End-User’s account,
theft, operator errors, failure to use Product or Service per Seller’s Guidelines, severe weather, earthquakes,
or natural disasters, strikes, or other labor problems, wars or governmental restrictions. MOREOVER, IN NO EVENT
SHALL SELLER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCT AND SERVICE, WITH THE DELAY OR INABILITY TO USE THE PRODUCT
AND SERVICE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIAL AVAILABLE THROUGH MALLARDALARM.COM,
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL
LIABILITY OF SELLER FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT OR TO USE OF THE PRODUCT AND SERVICE
SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY END-USER TO SELLER FOR PRODUCT AND SERVICE.
7. Indemnity. End-User agrees to defend, indemnify, and hold harmless Seller and its parent, affiliates,
subsidiaries, employees, agents, directors, officers, managers, members, shareholders, successors and assigns
from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys’ fees and court costs) relating to or arising from any breach by End-User of this
Agreement.
8. Alarm Limited Warranty. Seller warrants to End-User that Product (MallardAlarm) will be free
from defects in materials and workmanship under normal use and service for three (3) years from the purchase date.
A claim under this warranty must be presented during the warranty period and within thirty (30) days after any
covered condition has occurred. If Seller determines that the claim is covered by this warranty, Seller will either,
in its sole discretion, repair or replace the Product and/or part. Replacement Products may be new or reconditioned.
Any damages not covered under this warranty will not be repaired until a written purchase order is received. The
warranty period shall not be extended by the replacement or repair of Product or parts under this warranty but the
remaining warranty period shall continue in effect and be applicable to the replaced or repaired Product or parts
under conditions of the warranty. Payment for the Text Message Service in no way extends any portion of this
warranty. Upon expiration of the warranty period, all liability of Seller shall be terminated. This limited warranty
does not apply in the following cases: failure to follow seller’s direction, misuse, alteration, abuse, accident or
tampering, and repair by anyone other than Seller.THIS LIMITED WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN NO CASE SHALL IOTSYSTEMS INC., BE LIABLE
TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS WARRANTY OR ANY OTHER WARRANTIES WHATSOEVER.
This warranty gives specific legal rights. End-User may have other rights, which vary from state to state. Some states
do not allow the exclusion or limitation of incidental or consequential damages, so that the above limitation of
exclusion may not apply to you.
9. Right to Refuse. Seller reserves the right to refuse any order End-User may place with Seller, regardless
of reason. Seller also reserves the right to limit or prohibit sales to dealers, resellers or distributors.
10. Term and Termination. Seller may terminate this Agreement without prior notice and without liability
whatsoever to End-User in the event of the following: a) Seller’s facility is destroyed or damaged so that it is
impractical to abide by this Agreement; b) End-User’s account is past-due or End-User does not make payment;
or c) End-User breaches this Agreement including but not limited to misuse of Product and Service, d) End users
cell phone carrier no longer offers it's free email to text service.
11. Consent to Text and/or Email. By signing up for the text messaging service, End-User is expressly
acknowledging that the Product and Service End-User purchased is a device that sends text messages to the
mobile device that the End-User entered when signing up. User expressly consents to receiving such text
messages in conjunction with the use of the Product and Service. Further still, End-User expressly consents to
Seller’s use of the mobile device number or email account End-User provided in connection with the use of the
Product and Service, in order to contact End-User regarding the Product and Service, such as, but not limited to,
contacting End-User regarding renewal of Service. End-User understands that Seller may send mobile text messages or
emails usingng automated technology.
12. Price of the Text Message Service, Automatic Payment, and Non-Payment. The price for the Text Messaging
Service is the advertised monthly price at the time of signing up for the service. The Service permits the alarm
product to send End-User a text message in certain situations, including in the event of power outage, internet outage
, or the detection of high water. On the first of each month, Seller will automatically bill the credit-card number
that End-User provided when signing up for the Text Message Service. This will occur until the service is terminated pursuant to this agreement.
If the service is terminated the product will cease to send notifications to End-User. If the automatic bill payment
fails or the service is not paid, the end user will have ten (10) days to cure the default after being notified via
email or text message. At the end of the ten (10) day period after being duly notified the service will be terminated
by seller and the end user will no longer receive notifications and the alarm will not work properly (although the alarm
can be converted to operate as high water audible alarm only with a firmware downgrade - see FAQ).
13. Product Concerns or Questions. IN THE EVENT OF AN ISSUE OR PROBLEM WITH PRODUCT AND SERVICE, End-User
MUST contact Seller advising seller of the issue.
14. Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in
any jurisdiction that provision shall be ineffective in that jurisdiction without affecting the validity or
enforceability of the remaining provisions of this Agreement.
15. No Waiver.The failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
16. Modification. This Agreement may be modified by Seller without prior notice. Seller will use reasonable
efforts to provide End-User with changes to this Agreement via the method specified in Paragraph - NOTICES
.
17. Notices. Any notices to Seller pursuant to this Agreement or otherwise can be sent to Seller via the
contact information for Seller posted at mallardalarm.com. Any notices to End-User pursuant to this Agreement or
otherwise shall be sent to End-User via End-User’s email address as provided by End-User. End-User must update Seller
if his email address changes.
18. Governing Law and Venue. This Agreement shall be governed by and construed according to the laws of the
State of New York, without regard to conflict of laws. In the event of a dispute relating to this Agreement that
the Parties are unable to resolve through negotiations, the Parties hereby agree to the exclusive jurisdiction
of the state and federal courts of the State of New York. Each party irrevocably consents to the jurisdiction of
those courts and to service of process.
19. Survival. Any provision of this Agreement that would be expected to survive expiration or termination of
this Agreement shall in fact survive such expiration or termination, including but not limited to, limitations of
liability, indemnification, disclaimers, governing law and venue.
20. Acceptance. By purchasing a product or service from IotSystems, Inc., End-User acknowledges that
End-User has read this agreement, that End-User understands its terms and conditions, and that End-User agrees to
be bound legally by it. If End-user does not agree with this Agreement, do not purchase a Product or Service. If End-User
chooses not to sign up for the text message service, the alarm product will ONLY sound an audible alert when a high water
condition exists (with the proper firmware), and the end user will not receive any notifications.
