SALE
Innovate "Security For Life" Inc.
(hereinafter referred to as “INNOVATE”) agrees to sell, and Buyer, sometimes referred to as YOU or YOUR agrees to purchase a self-installed
security/home automation/integration system (hereinafter referred to as "SYSTEM" or "DEVICE" consisting of the equipment listed on your invoice.
SMOKE AND CARBON MONOXIDE DETECTORS / BATTERY-POWERED DEVICES:
YOU agree that YOU are responsible for compliance with any law, code, and requirements that apply to installation or service of smoke or carbon
monoxide detectors. The installation of such devices do not necessarily constitute a fire alarm system as may be required by local code or described
in NFPA 72; such devices require electricity and batteries for proper operation and it is YOUR responsibility to regularly test such devices and replace
batteries and the device as recommended by the device manufacturer. YOU are solely responsible for checking and replacing batteries that are low or dead.
1.
INSTALLATION AND ACTIVATION OF MONITORING SERVICES:
:
The System will be installed by Buyer or installer selected by Buyer. INNOVATE does not install the system but will provide telephone assistance to
Buyer to assist Buyer with the installation. INNOVATE has no liability for the installation. Once installed it is Buyer’s responsibility to communicate,
via telephone, with INNOVATE to activate the monitoring services. Until Buyer receives confirmation that the monitoring services are activated no monitoring
services will be provided.
2.
SYSTEM REMAINS BUYERS PERSONAL PROPERTY:
System, consisting of an alarm panel and devices connected to the alarm panel, installed by Buyer, is the personal property of Buyer and shall not be considered a fixture,
or an addition to, alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty. Buyer may attach other devices not furnished
by INNOVATE but such devices, or any damage caused to INNOVATE equipment by adding any device, shall not be included in any warranty or service provided for herein.
3.
DESCRIPTION OF SERVICES:
Life Safety and Security Monitoring at $32.00 per month.
INNOVATE contracts with Criticom Monitoring Services to provide Life Safety and Intrusion Monitoring, 2-Way Voice Communication through your panel, Cellular Integration with Alarm.com,
Technical Support, and Personal Security Assistance.
4.
MONITORING AND CELLULAR COMMUNICATION SERVICES Billing
:
SERVICES AND CHARGES. All recurring charges are billed monthly in
advance.
Buyer agrees to pay INNOVATE a total of $ 32.00 per month in advance, for monitoring of the System. During the term of this agreement.
INNOVATE will automatically deduct the indicated amount on the 1st of each month. Your first month of Monitoring is prorated for the
actual days of monitoring. Buyer also agrees to pay INNOVATE a one-time Activation fee of 30.00. This fee is deducted with the first months Monitoring fee.
5
. TERM OF AGREEMENT / RENEWAL INCREASE:
THE TERM OF THIS AGREEMENT SHALL BE FOR 12 MONTHS, OR FOR THE LENGTH OF THE FINANCING TERM, AND SHALL THEREAFTER RENEW MONTH TO MONTH 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. NOTICE MAY BE BY EMAIL TO: INNOVATE "SECURITY FOR LIFE" INC.,
at customerservice@innovatesfl.com OR MAY BE SENT TO INNOVATE AT 17 NW IRVING AVE, BEND, OR 97703. INNOVATE SHALL BE PERMITTED AFTER THE FIRST YEAR OF THE TERM, FROM TIME TO
TIME, TO INCREASE THE MONITORING CHARGE BY AN AMOUNT NOT TO EXCEED NINE PERCENT EACH YEAR AND BUYER AGREES TO PAY SUCH INCREASE AS INVOICED. BUYER ACKNOWLEDGES THAT THIS AGREEMENT
CONTINUES TO RENEW UNTIL BUYER OR INNOVATE CANCELS THE AGREEMENT PRIOR TO A RENEWAL PERIOD.
6. MONITORING CENTER MONITORING:
Upon receipt of an alarm signal, video or audio transmission, from Buyer's System, INNOVATE or its designee Monitoring Center shall make every reasonable effort to notify Buyer and the
appropriate municipal police or fire department [First Responders] depending upon the type of signal received. Fire alarms are reported to the fire department unless operator is informed
that no fire condition exists at the premises. Once dispatched, fire department response cannot be recalled. Not all signals or transmissions will require notification to the authorities
and Buyer may obtain a written response policy from INNOVATE. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Buyer acknowledges
that signals transmitted from Buyer's premises directly to municipal police or fire departments are not monitored by personnel of INNOVATE or INNOVATE's designee Monitoring Center and INNOVATE
does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Buyer acknowledges that signals and transmissions are transmitted
over cellular radio communicators and pass through communication networks wholly beyond the control of INNOVATE. They are not maintained by INNOVATE, and INNOVATE
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 Buyer’s computers
if connected to the alarm communication equipment. Buyer agrees to furnish INNOVATE with a Call List of names and telephone numbers of those persons Buyer wishes to receive notification of Buyer’s alarm signals.
Unless otherwise provided in the Call List INNOVATE 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 INNOVATE's notification obligation. All changes and revisions shall be supplied to INNOVATE in writing. 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 only for so long as Monitoring Center in its sole discretion deems appropriate to confirm
an alarm or emergency condition. If Subscriber requests INNOVATE to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions.
INNOVATE may charge for time and service. INNOVATE may, without prior notice, suspend or terminate its services, in INNOVATE's sole discretion, in event of
Buyer's default in performance of this agreement or in the event Monitoring Center's facility or communication network is nonoperational or Buyer'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 Buyer information and data shall
be maintained confidentially by INNOVATE.
7.
BUYER
REMOTE ACCESS
:
INNOVATE provides Remote Access to the Buyer’s server through Alarm.com Services. The equipment will transmit data via Buyer’s various telecommunication pathways and/or Alarm.com cellular communicator.
Remote communication equipment is included with the system and is installed in the security panel. With remote access the Buyer can monitor their system, access the system to arm, disarm, and bypass sensors.
Also control other remote automation devices that may be installed at Buyer’s discretion or, when system design permits, connect the system to the Internet. Innovate has no control over the Buyer’s remote
access. INNOVATE shall have no liability for access to the security system by others.
Buyer is required to install camera’s in a permissible, legal location in Buyer’s premises, for Buyer viewing. Remote viewing is enabled through manufacturer’s software and INNOVATE shall have no
responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise. INNOVATE shall not monitor or view the camera data. INNOVATE does it’s best to use encrypted
components when available, however every component 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 or any other established criteria for encryption. INNOVATE shall have no liability for access to the camera system by others.
8.
WIRELESS AND INTERNET OR CELLULAR SERVICE ACCESS CAPABILITIES
:
Buyer is responsible for supplying telecommunication pathways at Buyer’s premises. INNOVATE has no responsibility for telecommunication pathways. In consideration of Buyer making their monthly
payments which include remote access to the system, INNOVATE will authorize Buyer’s remote access. INNOVATE is not responsible for any of Buyer’s telecommunication pathways or any down time of
remote access due to telecommunication failure. INNOVATE’s priority is to use encrypted components available from the manufacturer, and acknowledges that Buyer's security system can be compromised
if the codes or devices used for access are lost or accessed by others. INNOVATE shall have no liability for such third-party access. INNOVATE 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 Buyer's responsibility to secure access to the system with complex pass codes and lock out codes.
INNOVATE is not responsible for access to wireless networks or devices that may not be supported by communication carriers. Necessary upgrades to Buyer’s system will be at Buyer’s expense.
9. LIMITED WARRANTY / REPAIR AND REPLACEMENT
: In the event that any part of the security equipment becomes defective, INNOVATE agrees to make all repairs and replacement of parts without cost to the Buyer for a period of
one (1) year from the date of purchase. INNOVATE 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. INNOVATE is not the manufacturer of the equipment and other than
INNOVATE’s limited warranty Buyer 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,
INNOVATE makes no express warranties as to any matter whatsoever, including but not limited to, unless prohibited by law, the condition of the equipment, its merchantability, or its
fitness for any particular purpose, and INNOVATE shall not be liable for consequential damages. INNOVATE does not represent nor warrant that the system may not be
compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, fire or otherwise or that the system will in all cases provide the protection for which it is installed.
INNOVATE 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 INNOVATE. Buyer acknowledges
that any affirmation of fact or promise made by INNOVATE shall not be deemed to create an express warranty unless included in this agreement in writing; that Buyer is not relying on INNOVATE'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 INNOVATE
has offered additional and more sophisticated equipment for an additional charge which Buyer has declined. Buyer's exclusive remedy for INNOVATE's breach of this agreement
or negligence to any degree under this agreement is to require INNOVATE to repair or replace, at INNOVATE’s option, any equipment which is non-operational.
This Limited Warranty is independent of and in addition to service contracted under paragraph 4(d) of this agreement. This Limited Warranty gives you specific legal rights and you may also have other
rights which vary from state to state.
To receive service or replacement for the Product under warranty or service option, send the defective component of the Product, postage paid, with the original receipt and a brief written description
of the problem to INNOVATE at: INNOVATE "Security for Life" Inc. 17 NW Irving Ave., Bend OR 97703
INNOVATE will not provide reimbursement for repairs made by third parties and any unauthorized, improper, or incorrectly performed maintenance or repair by others voids this Limited Warranty.
10. NO WARRANTIES OR REPRESENTATIONS: BUYER'S EXCLUSIVE REMEDY::
INNOVATE does not represent nor warrant that the security equipment and Monitoring Center monitoring will prevent any loss, damage or injury to person or property,
by reason of burglary, theft, hold-up, fire or other cause, or that the security equipment will in all cases provide the protection for which it is installed or intended.
Buyer acknowledges that INNOVATE is not an insurer, and the Buyer assumes all risk for loss or damage to Buyer's premises, its contents, or persons on the premises.
INNOVATE has made no representations or warranties other than Limited Warranty above, and hereby disclaims any warranty of merchantability or fitness for any particular use.
Buyer's exclusive remedy for INNOVATE's default hereunder is to require INNOVATE to repair or replace, at INNOVATE's option, any equipment
covered by this agreement which is non-operational. Obligations of INNOVATE under this service contract are backed only by the full faith and credit of INNOVATE
and are not guaranteed under a reimbursement insurance policy.
11. TESTING OF SYSTEM:
The parties agree that the DIY System, installed by BUYER, is in the exclusive possession and control of the Buyer, and it is Buyer's sole responsibility to test the operation of the System.
INNOVATE does not inspect or service the alarm system on Buyer’s premises.
12. BUYER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE:
Buyer agrees to furnish, at Buyer's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, cellular service, internet connection,
high speed broadband cable or DSL and IP Address, telephone hook-ups (as needed), RJ31x Block or equivalent, as deemed necessary for INNOVATE Products.
13. FALSE ALARMS / PERMIT FEES / WITNESS FEES:
Buyer is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law.
INNOVATE 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 Buyer shall remain liable for all payments provided for herein. In the event Buyer or any third-party
subpoenas or summons INNOVATE requiring any services or appearances, Buyer agrees to pay INNOVATE $150 per hour for such services and appearances.
14. FIRE ALARM COMPONENTS:
If fire alarm components are included, INNOVATE makes no representation that the fire alarm equipment meets local code requirements or constitutes
a fire alarm system as that term is defined by the Authority Having Jurisdiction [AHJ] over fire alarm systems in Buyer’s premises. INNOVATE
recommends that Buyer have a fire alarm system installed by a licensed alarm professional pursuant to NFPA 72 standards and AHJ recommendations.
15. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS:
BUYER AGREES TO DEFEND, ADVANCE EXPENSES FOR LITIGATION AND ARBITRATION, INCLUDING INVESTIGATION, LEGAL AND EXPERT WITNESS FEES, INDEMNIFY AND HOLD HARMLESS INNOVATE, ITS EMPLOYEES,
AGENTS AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, LAWSUITS, INCLUDING THOSE BROUGHT BY THIRD-PARTIES OR BY BUYER, INCLUDING REASONABLE ATTORNEYS' FEES AND LOSSES, ASSERTED AGAINST
AND ALLEGED TO BE CAUSED BY INNOVATE' 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. BUYER ON ITS BEHALF AND ANY INSURANCE CARRIER WAIVES ANY RIGHT OF SUBROGATION BUYER'S INSURANCE CARRIER MAY OTHERWISE HAVE AGAINST INNOVATE OR INNOVATE'
SUBCONTRACTORS ARISING OUT OF THIS AGREEMENT OR THE RELATION OF THE PARTIES HERETO. BUYER SHALL NOT BE PERMITTED TO ASSIGN THIS AGREEMENT WITHOUT WRITTEN CONSENT OF INNOVATE WHICH SHALL
NOT UNREASONABLY BE WITHHELD. INNOVATE SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT AND SHALL BE RELIEVED OF ANY OBLIGATIONS HEREIN UPON SUCH ASSIGNMENT.
16.
EXCULPATORY CLAUSE
: INNOVATE and Buyer agree that INNOVATE is not an insurer and no insurance coverage is offered herein. The fire alarm, security system, equipment, and
INNOVATE’s services are designed to detect and reduce certain risks of loss, though INNOVATE does not guarantee that no loss or damage will occur.
INNOVATE is not assuming liability, and, therefore, shall not be liable to Buyer 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 Buyer 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 INNOVATE’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.
17. INSURANCE / ALLOCATION OF RISK
: Buyer shall maintain a policy of Homeowners’ Dwelling and Liability Insurance or General Liability and Property Insurance for liability, casualty, fire, theft, and
property damage under which Buyer is named as insured, and Innovate is named as additional insured. The policy shall cover any loss or damage INNOVATE's services are
intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Buyer assume all potential risk and damage that may
arise by reason of failure of the equipment, system or INNOVATE's services and that Buyer will look to its own insurance carrier for any loss or assume the risk of loss.
INNOVATE shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Buyer from insurance covering such loss or damage or for such
loss or damage against which Buyer is indemnified or insured. Buyer and all those claiming rights under Buyer waive all rights against INNOVATE and its subcontractors for
loss or damages caused by perils intended to be detected by INNOVATE's services or covered by insurance to be obtained by Buyer, except such rights as Buyer or others may
have to the proceeds of insurance.
18,
LIMITATION OF LIABILITY:
BUYER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF INNOVATE AS A RESULT OF INNOVATE'S BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF
INNOVATE'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 INNOVATE'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. BUYER ACKNOWLEDGES THAT THIS
AGREEMENT CONTAINS EXCULPATORY CLAUSE, INDEMNITY, INSURANCE, ALLOCATION OF RISK AND LIMITATION OF LIABILITY PROVISIONS.
19.
LEGAL ACTION / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING
ARBITRATION
:
The parties agree that due to the nature of the services to be provided by INNOVATE, the payments to be made by the Buyer for the term of this agreement form an
integral part of INNOVATE’s anticipated profits; that in the event of Buyer's default, including early cancellation, it would be difficult if not impossible to fix
INNOVATE's actual damages. Therefore, in the event Buyer defaults in any payment or charges to be paid to INNOVATE, Buyer shall be immediately liable for any unpaid
and invoiced charges plus $250.00 as LIQUIDATED DAMAGES and INNOVATE 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 Buyer of any obligation herein.
BUYER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.
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 INNOVATE
against Buyer, Buyer shall not be permitted to interpose any counterclaim. BUYER AGREES THAT BUYER MAY BRING CLAIMS AGAINST INNOVATE ONLY IN BUYER’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 ASSIGNEES, 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 or by
submission of papers. By agreeing to this arbitration provision, you are waiving your right to a jury trial, 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 Oregon, 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 Deschutes County where INNOVATE’s principal place of business is located. 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 Buyer may have or bring against INNOVATE 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.
BUYER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT BUYER IS WAIVING BUYER’S RIGHT TO TRIAL IN A
COURT OF LAW AND OTHER RIGHTS.
20
. Innovate RIGHT TO SUBCONTRACT SPECIAL SERVICES:
Buyer agrees that INNOVATE is authorized and permitted to subcontract any services to be provided by INNOVATE to third parties who may be independent of INNOVATE,
and that INNOVATE shall not be liable for any loss or damage sustained by Buyer by reason of intrusion, burglary, theft, hold-up, fire, equipment failure, smoke,
carbon monoxide or any other cause whatsoever caused by the negligence of third parties and that Buyer appoints INNOVATE to act as Buyer’s agent with respect to such
third parties, except that INNOVATE shall not obligate Buyer to make any payments to such third parties. INNOVATE shall be permitted to assign this agreement and upon
such assignment shall have no further obligation hereunder. Buyer acknowledges that this agreement, and particularly those paragraphs relating to INNOVATE’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 assignee,
subcontractors and communication centers of INNOVATE.
21.
NO RISK MONEY BACK GUARANTEE:
If Buyer is dissatisfied with the Product or INNOVATE’s monitoring services, Buyer may, during the 90 days from the date Buyer receives the Product,
return the Product to INNOVATE for a full refund of the equipment purchase price Buyer paid. At Buyer’s request, we will arrange for payment of
shipment. The Product must be returned to: INNOVATE Corporation, 17 NW Irving Ave., Bend OR 97703 in its original container in like new condition,
reasonable wear and tear excepted. This risk-free money back guarantee is in addition to any other warranties provided in this agreement. Upon Buyer’s
return of the Product within the 90-day return period this agreement will be deemed terminated and neither party shall have any obligation or liability
to the other.
22.
EXTRA ORDERS OR CHANGE OF ORDERS:
Buyer acknowledges that INNOVATE is not performing any installation or repairs at Buyer’s premises.
23.
FAIR CREDIT REPORTING ACT: N/A
24.
CONFLICTING DOCUMENTS:
Should there arise any conflict between this agreement and Buyer's purchase
order or other document, this agreement will govern, whether such purchase
order or document is prior to or subsequent to this agreement.
25.
FULL AGREEMENT / SEVERABILITY:
This agreement along with any Rider constitutes the full understanding of the parties and may not be amended, modified or canceled, except in
writing signed by both parties. Buyer acknowledges and represents that Buyer has not relied on any representation, assertion, guarantee, warranty,
collateral agreement or other assurance, except those set forth in this Agreement. Buyer hereby waives all rights and remedies, at law or in equity,
arising, or which may arise, as the result of Buyer’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.
26.
ELECTRONIC CONTRACT REQUIREMENTS
:
Buyer acknowledges that by ordering merchandise from INNOVATE electronically and signing this agreement electronically they have agreed to conduct a transaction
by electronic means. Buyer acknowledges that any laws of the State requiring INNOVATE to provide, send, or deliver information in writing to Buyer are satisfied
upon Buyer’s receipt of the agreement in such a form allowing Buyer to print and/or save the agreement electronically pursuant to Federal Law 15 U.S.C. Chapter 96.
27.
SPECIFIC STATE PROVISIONS:
No additional provisions for Oregon.
CAUTION -- IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE
YOU SIGN IT. READ THIS AGREEMENT CAREFULLY.
