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THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND SIMPLISAFE EACH HEREBY
IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING (“SUIT”) ARISING OUT OF OR IN CONNECTION WITH OR
DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND SIMPLISAFE MUST BE RESOLVED EXCLUSIVELY
BY A STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS; YOU AND SIMPLISAFE EACH CONSENT TO THE EXCLUSIVE
JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVE ANY OBJECTION THAT YOU OR SIMPLISAFE
MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; YOU AND SIMPLISAFE EACH CONSENT TO SERVICE OF PROCESS IN
ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT; AND YOU AND SIMPLISAFE EACH HEREBY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY SUCH SUIT.
Other Terms and Conditions
You understand and agree that sales made by SimpliSafe-authorized distributors, resellers or retailers (including, but not limited to
Amazon, Best Buy, BJs Wholesale, Costco, HSN, Lowe’s, Sam’s Club, Target, Touch of Modern, QVC, Walmart, Woot, and QVC, and many
of their respective online e-commerce stores) shall be subject to these Terms of Sale, notwithstanding that the ultimate sale may have
been made by authorized distributors, resellers or retailers. Moreover, the initial sales made to you by such SimpliSafe-authorized
distributors, resellers or retailers shall be deemed an “initial sale” for the purpose of the Limited Warranty specified herein, and as
such the Limited Warranty specified herein shall similarly apply to products sold to you in this manner.
Returns of Systems purchased at retail, or through other third-party resellers, are subject to the respective retailers’ or resellers’
policies and terms. Unless otherwise agreed by the retailer or reseller, return policies or terms for purchases made direct from
SimpliSafe will not apply. Check with your retailer or reseller to confirm its applicable return policies and terms.
These Terms of Sale and all transactions on the SimpliSafe website are governed by Massachusetts law without reference to its
conflicts of law rules. The interpretation of the Terms of Sale shall not be construed against the drafter.
SimpliSafe will not be liable for any failure to discharge its obligations under the Terms of Sale due to strikes, accidents, fires, or
shutdowns of its manufacturing plant or plants supplying it or other contingencies beyond the control of SimpliSafe, including those
arising out of or in connection with, due to, or caused in whole or in part by emergency conditions.
All claims, actions or proceedings against SimpliSafe must be commenced in court within one (1) year after the cause of action has
accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be
complied with strictly.
Unless otherwise expressly provided herein, (i) all notices required to be given to SimpliSafe shall be deemed to have been duly given
if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to
SimpliSafe’s then current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have
been duly given if in writing and sent to the e-mail address Subscriber provided to SimpliSafe.
Should any provision of the Terms of Sale (or portion of the Terms of Sale), or its application to any circumstances, be held illegal,
invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and the Terms of Sale, or of
such provisions as applied to any other circumstances, shall not be aected thereby, and shall remain in full force and eect as valid,
binding and continuing. When used in these Terms of Sale, the word “including” shall mean “including, but not limited to.”
Smart Lock Specifications
The Smart Lock and Smart Lock Pin Pad shall only be used under the following temperature and environmental conditions:
Smart Lock:
• Temperature: -10° to 60° (each ±3°), which translates to 14°F to 140°F (each ±5.4°F)
Smart Lock Pin Pad:
• Temperature: -20° to 60° (each ±3°), which translates to -4°F to 140°F (each ±5.4°F)
• IP Rating: 54, which means rated to be resistant against dust and water spray
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