Use of this website is subject to this agreement between The Monitoring Center USA, Inc. ("TMC" or the "Company") and any person accessing this website (the "User"). Unless otherwise noted, all content, descriptions, images, photos and illustrations on this website (collectively, the "Content") is the sole and proprietary property of TMC, which Content is hereby being made available to the User on the following terms and conditions:
ACKNOWLEDGEMENT & AGREEMENT. The User hereby agrees that its use of this website constitutes the User's acknowledgement and agreement to the terms and conditions contained herein.
LIMITATION OF USE. The User is hereby notified that reproduction or distribution of the Content, in part or in whole, is strictly prohibited. Any unauthorized use of the Content may be prosecuted under the law.
INTELLECTUAL PROPERTY. The Content is the sole property of The Monitoring Center USA, Inc. All Content is Copyright (c) 2003 The Monitoring Center USA, Inc. All rights reserved. The Monitoring Center, TMC, Security + Savings, Security plus Savings, Security & Savings, and Security and Savings are either registered trademarks or trademarks of The Monitoring Center USA, Inc.
WEBSITE LINKS. This website contains hyperlinks to websites operated by third parties. Such hyperlinks are provided for information purposes only. Nothing herein shall be construed to express or imply the Company's endorsement of the content on any other website.
REFERENCES. This website makes references to certain industry facts. For simplicity, no references have been citied for industry facts on this website. However, you may e-mail to request a copy of any citations used. This website also references various product providers whose products TMC regularly installs. However, The Monitoring Center has not sought endorsement from any product provider nor is any product provider directly affiliated with The Monitoring Center. This website further makes numerous references to The Monitoring Center's Central Call Station. The Central Call Station is operated on an exclusive basis for The Monitoring Center by its sister company, Energy Savings Corporation, which is based in Oakville, Ontario. The Central Call Station is listed with the Underwriters Laboratories of Canada. For simplicity, this website uses the terms "Underwriters Laboratories," "UL-Certified," and "Industry Certified." In all such cases, the user should interpret such abbreviations as "Listed with the Underwriters Laboratories of Canada."
REPRESENTATIONS & WARRANTIES. The Company is offering the Content on an "as is" basis. Such Content is not represented or warranted to be complete or accurate and is subject to change without notice. The User hereby represents and warrants that it is entering into this Agreement freely and no other agreements or understanding with any third party prohibits or infringes on the User's ability to fulfill its terms and obligations as set forth in this Agreement.
TERM. This Agreement shall remain in full force and effect at all times and shall endure indefinitely.
SEVERABILITY. If any term, provision, covenant, right or restriction of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining terms, provisions, covenants, rights or restrictions shall continue to be valid and enforceable. If such court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Florida provided that both parties retain all rights arising under federal law. Any legal action or proceeding with respect to this Agreement may be brought in the courts of Broward County in the state of Florida and by execution and delivery of this Agreement, each of the parties consents to the jurisdiction of those courts. Each of the parties irrevocably waives any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, which they may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Agreement or any document related hereto. Both the Company and the User agree that a final judgment in any such suit, action or proceeding brought in any court shall be conclusive and binding upon the parties. The prevailing party in any suit, action or proceeding arising out of or relating to this Agreement shall be entitled to recover from the non-prevailing party all of the attorney fees and other expenses the prevailing party may incur related to such suit.