Anonymous Information. We may collect two types of information through this Site: anonymous information and personally identifiable information (“PII”). We collect certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Site. The anonymous data we collect can include information such as the type of browser you are using, IP address, the pages you view, and the length of your visit to the Site.
Personally Identifiable Information. We may also ask you to provide personally identifiable information on the Site, which may include your name, address, telephone number, fax number, company name, e-mail address and relevant details about the product or service that interests you. These details may include whether the location is a business or residence, whether the site is pre-wired for security, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when you complete the specific web page registration form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Site may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the PII requested.
My Account. In order to provide some of the services on the Site, we ask you to provide additional personal information regarding your customer account with AWN. This additional information may include existing account numbers, payment or credit card details, service preferences and so forth. We will use this information only to support your customer relationship with AWN. This includes responding to your requests, customizing your experience on the Site, communicating with you about your account, and providing you choices about how to view and manage the services that you receive from AWN.
Customer Service Correspondence. We and our third party service providers may also collect personal information related to customer service correspondence. This information may include e-mails, internet chats, faxes, or telephone calls directed to our customer service centers. We process this information to provide you with Provider’s services, handle your complaints or disputes, measure and improve our customer services, and to detect and prevent fraud or violations of our legal obligations. We will only retain customer information as long as is reasonably required to carry out our business purposes or to comply with applicable legal obligations.
Testimonials. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at customersupport@AWatchfulNeighbor.com.
Online Activity and Tracking. Like many websites, the Site employs technologies such as cookies and web beacons (also known as clear GIFs) to automatically receive and store certain information about your use of the Site. We use this information to permit the Site to function properly, to evaluate how you use the Site, to determine where you are located, and to support website analytics and our marketing efforts.
(b) Use of Web Beacons. Web beacons are tiny graphics embedded on a website that allow the website to transfer or collect information through a graphic image request. We may use web beacons to collect information about the Customer’s web browsing activities to help us determine if a particular webpage on the Site has been visited, and, if so, how many times. This information permits us or third parties to deliver interest-based advertisements, measure the overall effectiveness of our online advertising, and to customize the services offered to the Site’s users. We do not tie the information gathered by web beacons to customers’ personally identifiable information.
On certain of Provider’s Site pages where Customer has submitted detailed information concerning potential products or services, Provider will use this information only for the purposes of contacting Customer and determining which product or services may be most relevant to Customer. Provider will not share this information with any third party for their own marketing purposes without Customer’s prior consent.
Provider will retain Customer’s information for as long as Customer’s account is active or as needed to provide Customer services. If you wish to cancel your account or request that Provider no longer use your information to provide you services contact Provider at customersupport@AWatchfulNeighbor.com. Provider may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. Provider may also provide such personally identifiable information in response to a law enforcement agency’s request or as otherwise required by law.
Provider may provide your personally identifiable information to a third party if Provider files for bankruptcy, or there is a transfer of the assets or ownership in connection with proposed or consummated corporate reorganizations, such as mergers, acquisitions, or sales of business units.
(a) Uses by Third-Parties. We may also provide your personally identifiable information to third party service providers that help us to provide you with products and services. These third party service providers have access to such information on a confidential basis and only to the extent necessary to perform their requested functions.
We do not provide your personally identifiable information to any third party for their own marketing purposes without your prior request or consent. Sometimes these businesses make special offers available to Site customers. If you request to receive information about these offers, we will share your personal information with these companies so that they can send you details about their special offers. You should know in advance that each of these companies has its own policies with respect to the collection and use of personal information and that we are not responsible for their use of your information.
Information Security and Secured Transactions. We have implemented various security measures for the purpose of protecting your personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against any other unlawful forms of processing. When you register and log in to a secure portion of our Site, your personal information benefits from the protections of Secure Sockets Layer (“SSL”) technology. Our web servers have been enabled with SSL technology to automatically encrypt your information and help prevent unauthorized parties from viewing your account or payment information during a secure session.
However, the transmission of data over the internet by its nature entails the use of systems under the control of third parties, and as a result AWN will work to prevent any violation of the security systems but cannot ensure total control of the security of such systems.
Children. AWN understands the importance of protecting children’s privacy in the interactive online world. The Site covered by this policy is not designed for or intentionally targeted at children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.
The entire www.AWatchfulNeighbor.com website is secured by Comodo under a Positive SSL certificate. This is evident by the url address beginning with “https”.
MASTER SERVICE AGREEMENT
This Master Service Agreement (hereinafter the “Agreement”) between A WATCHFUL NEIGHBOR, LLC., (hereinafter the “Provider” or “AWN”) designated on this Master Service Agreement (hereinafter the “Agreement”) for the materials and services designated herein and YOU (hereinafter the “Customer”). Provider and Customer are hereinafter referred to collectively as the “Parties.”
A. Provider is engaged in the business of providing services involving notification systems in regard to the Customer’s personal property and security.
B. Customer wishes to obtain services from Provider to provide a notification service as a means for protection and security of their real property and/or personal property.
TERMS AND CONDITIONS
In consideration of the foregoing and the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Provider and Customer, intending to be legally bound, do hereby agree as follows:
1. Provision of Services
(a) Provider agrees to provide services to Customer in accordance with and subject to the terms and conditions of this Agreement.
(b) All charges will be payable in advance of Service.
(c) The initial term of this Contract will be for twelve (12) months and will begin upon the delivery of the Customer’s Materials from the Provider. This Contract will not automatically renew and may only be renewed upon agreement by the Customer and payment in full of the Provider’s charges.
(d) Provider’s obligation to provide the services described in this Contract is expressly conditioned upon the following:
(i) Provider’s receipt from Customer of payment in full of all charges by the Provider, for services to be provided and materials to be furnished; and
(ii) Customer’s execution of this Contract confirming acceptance of information contained within said Contract.
(e) Early Termination. Customer agrees that the charges due under this Contract are based upon Customer’s Agreement to receive and pay for the Services of Provider for a full twelve (12) month term and that Provider has relied upon this agreement and has incurred costs in deciding to enter into this Contract. There will be no refunds if Customer cancels Service or otherwise terminates this Contract during the Initial Term. Said amount is a Contract Termination Charge and is not a penalty. No Contract Termination Charges will be due if Customer terminates, or if Provider Cancels during the thirty (30) day renewal period.
(f) Increase in Charges. Provider has the right to increase the annual service charge at any time after the first twelve (12) month term. If Customer objects, in writing, to the increase within thirty (30) days of receiving notice of the increase and if the Provider does not waive the increase, then the Customer may terminate this Contract effective within thirty (30) days after Provider’s receipt of the Customer’s written notice of termination.
2. Customer Representations and Warranties Customer hereby represents and warrants that it is under no legal restraint, order, agreement, directive, or other limitation or constraint that would prevent Customer from entering into this Agreement or using the services to be provided by Provider pursuant to this Agreement, in compliance with local State and Federal law.
3. Provider Representations and Warranties Provider hereby represents and warrants that Provider will manage the provisions of materials and services in a safe manner in compliance with all valid and applicable federal, state and local laws, ordinances, rules, regulations, permits and orders. Except as otherwise expressly provided herein, Provider makes no other representations and warranties and hereby disclaims any other representation or warranty, whether express or implied.
4. Limitation of Liability
(a) Insurance; Waiver of Subrogation. Customer agrees that Provider is not an insurer and that Provider is not providing Customer with Insurance of any type. The amounts paid to Provider are not insurance premiums and are not related to the value of Customer’s Property, any other person’s property located in Customer’s Premises or any risk of loss at the Customer’s Premises. The amounts Provider charges Customer are based solely upon the value of the equipment, materials, and services provided to the Customer and upon the limited liability Provider assumes under this Contract. It is the Customer’s responsibility to obtain insurance to protect against the risk of loss at Customer’s premises; in the event of any loss, damage or injury, Customer will look exclusively to Customer’s insurer and not to Provider to compensate Customer or anyone else. Customer explicitly agrees to release and waive for Customer and Customer’s insurer all subrogation and other rights to recover against Provider arising as a result of the payment of any claim for loss, damage or injury.
(b) No Guarantee; No Liability. Provider’s equipment and services do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, including but not limited to, fires, floods, burglaries, robberies and medical problems. Provider makes no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the equipment and services provided will detect or avert such incidents or their consequences. Provider does not undertake any risk that Customer or Customer’s property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with the Customer, not the Provider. Customer releases, waives, discharges and promises not to sue or bring any claim of any type against Provider for loss, damage, or injury relating in any way to the equipment or services provided.
i. SERVICES PROVIDED BY AWN ARE NOT MEANT TO PREVENT OR AVERT EMERGENCY SITUATIONS. AWN IS NOT MEANT TO BE A SUBSTITUTE PROVIDER FOR EMERGENCY SERVICES. IT IS NECESSARY TO CONTACT A “911” OPERATOR FIRST, IN THE EVENT OF AN EMERGENCY.
(c) Exclusive Remedy. It is impracticable and extremely difficult to determine the actual damages, if any, that may result from a failure by Provider to perform any of its obligations. Under no circumstances will Customer attempt to hold Provider liable for any consequential or incidental damages, including without limitation, damages for personal injury or damages to property, if, notwithstanding the provisions of this paragraph 4, Provider is found to be liable for loss, damage, or injury under any legal theory relating in any way to the services and/or equipment provided, Provider’s liability to Customer shall be limited to a sum equal to ten percent (10%) of the Annual Service Charge. This agreed-upon amount is not a penalty; rather, it is Customer’s sole remedy.
(d) Application. The provisions of this Paragraph 4 apply no matter how the loss, damage, injury or other consequence occurs, even if due to the performance or nonperformance by Provider of its obligations under this Contract or from Negligence (active or otherwise), strict liability or alleged fault on the part of Provider, its agents or its employees.
(e) Indemnity. If any other person, including a subrogating insurer, makes any claim or files any lawsuit against Provider in any way related to the equipment or services provided to Customer, Customer agrees to indemnify, defend and hold Provider harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys’ fees. Customer’s duty to defend is separate and distinct from Customer’s duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against Provider and regardless whether Provider has been found liable or whether Provider has incurred any expense.
(f) Time Period for Suit or Claim. No suit or action shall be brought against Provider more than one (1) year after the date of incident that resulted in the loss, injury or damage, or the shortest duration permitted under applicable law if greater than one (1) year.
(g) Neither party shall be liable to the other for special, consequential, incidental or punitive damages arising out of the non-performance of this Agreement.
5. Charges and Payments
(a) Customer agrees to pay for the services performed pursuant to this Agreement in accordance with the terms set forth herein, unless such terms are specifically modified in writing by both parties.
(b) Payment for services performed pursuant to this Agreement shall be made within thirty (30) days of the date of invoice by Provider. Failure to make payment within the thirty (30) day period shall cause service to the Customer to be terminated and all customer information will be removed from the AWN database. Failure of Customer to make payments when due shall entitle Provider to pursue any other remedies available to Provider under law, equity or hereunder. Customer shall also be responsible for all costs of collection including, without limitation court costs, attorney fees and lien fees.
(c) Failure to Pay Charges. If the Customer fails to make any payment when due or to honor any other term or condition of this Agreement, Provider may stop any/all services and repossess any/all materials, furnished to the Customer, without notice to the Customer. Customer will grant Provider access to Customer’s premises and allow Provider to repossess any/all equipment provided to Customer. Provider is not required to redecorate or repair Customer’s premises as a result of repossessing Provider’s equipment. In addition to these remedies, Provider does not waive, and retains the right to exercise, any other legal remedy, including the right to charge Customer a late fee for each month that a payment is not received and/or interest on the unpaid balance, in accordance with subsection (b) above, and the right to report Customer to one or more consumer reporting agencies if I become delinquent on my account (more than 30 days without a payment).
6. Jurisdiction Any and all suits, actions, or proceeding against any party to this Agreement arising out of or relating to this Agreement or any of the service provided herein shall be brought in any state or federal court in Bergen County, New Jersey and each party submits to and accepts the jurisdiction of such courts for the purpose of any such suit, action or proceeding and agrees not to assert any claim that any such court is an inconvenient forum. Each party also agrees not to bring any suit, action or proceeding arising out of or related to this Agreement or any of the services contemplated hereunder in any other court, except Provider may bring suit in any court having jurisdiction over the parties to such suit on account of any breach or threatened breach of any of the terms hereof by Customer.
7. Independent Provider Provider is and shall perform under this Agreement as an independent Provider. The employees, agents, methods, equipment and facilities of Provider shall at all times be under Provider’s exclusive direction and control. Nothing in this Agreement shall be construed or interpreted so as to cause Customer or any of its employees, agents, officers or directors to be deemed an agent for, joint venture of, employee of or partner of Provider.
8. Assignment and Termination Neither Party hereto may assign or delegate the performance of any portion of this Agreement without the prior express written consent of the other, which consent shall not be unreasonably withheld, delayed or conditioned; provided however, Provider may assign this Agreement to an affiliate of Provider or an entity under the control or common control of Provider, without the written consent of Customer. In the event of the filing of a petition by or against the Customer under any bankruptcy, insolvency or reorganization laws, or the appointment of a receiver or trustee or an assignment for the benefit of creditors, then Provider, at its option, and in addition to any other remedies at law, in equity or hereunder, may forthwith terminate this Agreement without further obligation or liability by Provider to Customer.
9. Force Majeure Provider shall not be liable for any failure to provide services pursuant to this Agreement if such failure is caused directly or indirectly by acts of God; acts of war (including acts of terrorism); weather conditions; labor disputes or strikes; accidents; fires; explosions; floods; sabotage; fuel shortages; equipment malfunctions or failures;, orders, filings, directives, laws, rules, regulations, ordinances, actions or inactions of any federal, state, or local governmental agency, department, court or body having jurisdiction over the activities of Customer or Provider; changes in laws, inability to obtain the requisite licenses, approvals or permits or any other matters beyond the reasonable control of Provider.
10. Electronic Media; Personal Information. Provider may scan, image or otherwise convert this Contract into an electronic format of any nature. A copy of this Contract produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. Provider’s receipt of the Contract signed by fax or electronically from Customer legally binds Customer and such fax and/or electronic copy is legally equivalent to the original for any and all purposes, including litigation. The personal information about Customer and third parties that Customer provided to Provider is true and complete. Customer will notify Provider without delay of any change to this information. Customer consents to Provider’s use of Customer’s personal information and that of third parties provided by me for the purpose of monitoring, setting up and administering Customer’s services. Customer has obtained the consent of third parties, whose personal information Customer provided to Provider, to use such personal information for the administration of Customer’s account with Provider and as provided in this Contract. Provider may collect use, disclose and transfer Customer’s personal information, and that of third parties provided by Customer, to Provider’s parents, affiliates, subsidiaries and successor corporations, any subcontractor or assignee of this Contract or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit or similar programs.
(a) Except as otherwise specified in this Agreement, all notices pursuant to this Agreement shall be in writing, shall be directed to the attention of the respective representatives of the Provider or Customer listed below, and shall be deemed to have been sufficiently given (i) when delivered personally, (ii) when sent by verified facsimile (with confirmation copy sent by overnight courier), (iii) when sent by overnight courier, or (iv) when sent by certified mail, return receipt requested to the respective representatives of the Provider and Customer at the addresses listed below:
A Watchful Neighbor, LLC.
38 E. Ridgewood Avenue #200
Ridgewood, NJ 07450
Will Use Address as Provided for Services
(b) Notices pursuant to this Paragraph shall be deemed effective upon receipt.
(c) Either Party may designate a new representative to receive notices under this Agreement by notifying the other Party in writing of the name, address, telephone number, email address and facsimile number of the new representative.
12. Entire Agreement This Agreement, including any Exhibits attached hereto which are made a part hereof, supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to this matter. Any previous warranties, representations, agreements, understandings, covenants, discussions, drafts and writings are specifically replaced and superseded by the terms and conditions contained in this Agreement. Each Party further agrees and acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party or anyone acting on behalf of any Party, which are not embodied herein and that no other agreement, statement, or promise not contained herein shall be valid or binding. It is specifically agreed between the Parties that no pre-printed language on any purchase order, work order or other similar instrument from either Party hereto shall alter, change, modify or amend the terms and conditions contained in this Agreement, and in particular, it is agreed that any such pre-printed language shall be deemed null and void. Any modification or amendment to this Agreement must be in writing and signed by both Parties.
13. Binding Agreement This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their heirs, executors, administrators, successors, and assigns. If any term, covenant or condition of this Agreement is determined to be illegal, invalid, void or unenforceable, such finding shall not affect the other provisions of this Agreement.
(a) In the event of a dispute under this Agreement, the prevailing party shall be entitled to recover reasonable fees and court costs, including attorney’s fees, associated with interpreting or enforcing this Agreement. In the event Customer fails to pay Provider all amounts due hereunder, Provider shall be entitled to collect all reasonable collection costs or expenses, including reasonable attorneys’ fees, other costs or handling fees for returned checks or fraudulent/unauthorized use of credit cards by/from Customer.
(b) The validity, interpretation and performance of this Agreement shall be construed in accordance with the laws of the State of New Jersey.
(c) Customer’s payment obligation for services, the representations and warranties and indemnity obligations set forth herein made by each Party shall survive termination of this Agreement.
(d) This Agreement may be executed in multiple, identical counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument.
(e) Telecopy signatures or pdf signatures transmitted by e-mail shall be deemed valid and binding to the same extent as the originals.
(f) The Provider and Customer, respectively, certify that they are authorized to execute this Agreement on behalf of Provider or Customer, as the case may be and by clicking on the box below you have affirmatively represented that you have read the terms of this Client Agreement, in full, and agree to be bound by same.
Permission to use certain photographs on this website has been granted by:Sadiya Durrani (Neon Sign) MadMaven/ T.S. Heisele (Sinking Sailboat)
Frank Iacobelli (Neighborhood Flood) Cathy King (Edisto Island, SC) Bev Lloyd-Roberts (Dog Walking Along Path)
Rippas Family (Fallen Tree on House) Pam Roth (Country Store) Linda Schmall (Storefront) Margan Zajdowicz (Houses at Sunset-Cityscape of townhouses at sunset)