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SLOMIN’S 5-YEAR CONTRACT OF SALE  

 ACCESSIBILITY – IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS CONTRACT OF SALE OR THE SITES (AS DEFINED BELOW), PLEASE CONTACT US TOLL FREE AT 1-800-252-7663, 24 HOURS A DAY, 7 DAYS A WEEK OR VIA OUR CONTACT US [email protected]

NOTICE REGARDING DISPUTE RESOLUTION.  THIS 5-YEAR CONTRACT OF SALE CONTAINS TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE STORE AND E-COMMERCE TRANSACTIONS YOU ENTER INTO ON THE SITES WILL BE RESOLVED. FOR EXAMPLE, SECTION 15 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.  

This 5-Year Contract of Sale (the “Contract of Sale”) contains the terms and conditions that apply to  the purchases you make on this website and any mobile version of this website (collectively, the “Website”), and our mobile application, including without limitation the MyShield application (the “App”) (collectively, the Website and the App are referred to as the “Sites“). The Sites are owned and operated by Slomin’s, Inc. (“Slomin’s,” “we”, “us”, “our”). Your access and use of these Sites is subject to the following terms and conditions, our website Terms of Useand all applicable laws.  Please read this Contract of Sale carefully.    

  1. Acceptance of Contract of Sale.BY COMPLETING YOUR TRANSACTION ON THE SITES AND ACCEPTING THIS CONTRACT OF SALE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS CONTRACT OF SALE.   Your purchase transaction on the Sites will be governed by the Contract of Sale in effect at the time of such transaction. 
  2. Products, Content and Specifications. We may revise, discontinue, or modify products or services at any time without prior notice, and we shall have no liability of any kind if a product or service that has been ordered is unavailable.  Always read labels, warnings, directions or other materials provided with the product before using.  In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged.  If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).We may make changes to information about price, availability or other product attributes without notice, provided that if the amount to be charged to your payment method for Subscription Services (as defined below) varies from the rate set forth at the time of your transaction checkout due to an increase in our current rates as set forth in Section 4 below. 
  3. Placing an Order; Billing.  
    1. Placing an Order.  The prices charged by Slomin’s will be those in effect on the date of receipt of your order.  When placing your order, the checkout page will specify (i) your selected package (which includes a 5-Year initial fixed term commitment (the “Initial 5 Year Commitment”)); (ii) the down payment due on execution and balance due on installation; (iii) any additional monthly services (such as monthly monitoring); and (iv) the total amounts due, including any applicable payment due dates (e.g.for installation payments, if applicable).  For payments not due upon checkout, all invoices are due within ten (10) days of invoicing unless otherwise specified by Slomin’s on the checkout page or as part of any Additional Terms.  ANY EARLY TERMINATION OF THE INITIAL 5-YEAR COMMITMENT SHALL BE SUBJECT TO THE TERMS SET FORTH IN SECTION 5 HEREOF. 
    2. Billing.  You agree to pay Slomin’s for all charges at the prices then in effect for the products/services you or other persons using your account or payment method may purchase, and you authorize Slomin’s or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars.  Posted prices do not include sales tax, which will be charged to you when applicable. Slomin’s reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. All purchases are subject to Slomin’s policies and procedures relating to shipping, delivery, returns and exchanges as set forth in this Contract of Sale or on the Sites (including any Additional Terms (as defined below)). Slomin’s disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases. 
    3. Billing Subscription Services:  You acknowledge and agree that after the Initial 5 Year Commitment (including any initial down payment and installation payments for the Initial 5-Year Commitment as specified at the time of your checkout), your purchase shall include automatically renewing monthly subscription charges for any monthly services you have selected, which may include without limitation, monthly monitoring and remote access services (the “Subscription Services”).  You authorize Slomin’s to charge your chosen payment method on a recurring monthly basis immediately upon the expiration of the Initial 5 Year Commitment (the “Billing Cycle”) until you cancel or Slomin’s suspends, ends or otherwise terminates your access to the Subscription Services, which it may do at any time.  
      Your access to the Subscription Services provides you with the opportunity to use certain benefits and your non-use will not obligate Slomin’s to provide you with any refund, in whole or in part, of your monthly fees.  Your continued use of the Subscription Services reaffirms that Slomin’s is authorized to charge your payment method on the recurring basis to which you agreed at enrollment.  FOR THE AVOIDANCE OF DOUBT, SLOMIN’S MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM  YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION SERVICES OR NOTIFY SLOMIN’S THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION.   To change or cancel your access to Subscription Services at any time, by sending an email to [email protected] or calling 1-800-252-7663.  Your cancellation request must be submitted before the start of the next Billing Cycle. If you cancel your Subscription Services, you may use your benefits until the end of the Billing Cycle and your subscription will not be renewed once that Billing Cycle ends. In such event, you will not be entitled to a prorated refund of any unused portion of the monthly subscription fee. 
    4. General Ordering and Billing Conditions.  We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance, installation and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.   We accept your order only upon verified shipment of the applicable product.  With respect to the shipment of products and services sold through the Sites, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.  You agree to accept responsibility for all purchases and other activities that occur under your name and/or account.  It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from the Sites Products purchased or otherwise provided through the Sites, including samples and gift items, are for personal use only and are not for resale.  You may not order products with the intent to resell them.  Delivery times and installation times quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us.  If you are in arrears on payment, you agree to pay a late fee of 1.25% per month on any outstanding balance from the due date until payment is received. 
    5. Refunds. Except as permitted under Section 4 below, all purchases and charges are non-refundable.  Even if you cancel any Subscription Services during a subscription period, you will not receive a refund for any portion of the charges for the remainder of that subscription period.  In rare circumstances, Slomins may, in its sole discretion or the extent required by applicable law, provide you with a credit, refund, discount or other form of consideration.  
  4. Special Product and Installation Terms. 
    1. FALSE ALARMS / PERMIT FEES / WITNESS FEES:  Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse SLOMIN’S for any fines relating to permits or false alarms.  SLOMIN’S 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 Subscriber shall remain liable for all payments provided for herein.  In the event Subscriber or any third party subpoenas or summons SLOMIN’S requiring any services or appearances Subscriber agrees to pay SLOMIN’S $150 per hour for such services and appearances. Subscriber shall reimburse SLOMIN’S for any Monitoring Center charges for excessive, run-a-way or false alarm signals. 
    2. MONITORING AND SERVICE CHARGES:  Subscriber agrees to pay SLOMIN’S the monthly recurring charge specified in Section C above, plus tax, per month, payable Quarter Annually in advance for the services described above for the term of this agreement commencing on the first day of the next period succeeding the date hereof, and continuing thereafter. Subscriber agrees to pay all invoices within 10 days of invoicing. If subscriber is late in payment, Subscriber agrees to pay a late fee of 1.25% per month on the outstanding balance from due date until payment is received.  SLOMIN’S is permitted to increase the monitoring charge any time after the expiration of one year from the date hereof, which increases shall not exceed 6% each year and Subscriber agrees to pay such increases. SLOMIN’S shall notify Subscriber of any monitoring charge increase through a monitoring charge change in Subscriber’s invoice for upcoming service and Subscriber agrees that such notice is good and sufficient notice. SLOMIN’S may change frequency and method of invoicing Subscriber at any time without notice and Subscriber agrees to pay in accordance with such invoicing terms. 
    3. EARLY TERMINATION FOR MOVE: If Subscriber is moving from the residence where the alarm system has been installed Subscriber shall be relieved of further obligation to perform this Agreement provided Subscriber is not otherwise in default of this agreement, Subscriber complies with all terms of the Early Termination option within 10 days of effective date of Early Termination, and: a)Subscriber and the new occupant of the residence have duly executed and delivered to SLOMIN’S an Assignment and Assumption Agreement, in form provided by SLOMIN’S, in which the new resident of the premises assumes all obligations of this Agreement; or b)Subscriber agrees to have SLOMIN’S install an alarm system consisting three (3) door contacts, one (1) motion detector, and one (1) control panel and keypad in Subscriber’s new residence, provided (a) Subscriber pays SLOMIN’S $395, (b) Subscriber executes and delivers to SLOMIN’S a new SLOMIN’S form Agreement for the monitoring and alarm services specified in this Agreement for a term equal to the term remaining in this Agreement, and (c) the new residence resides within SLOMIN’S’ service area; or c)If Subscriber is moving to a residence within SLOMIN’S’ service area, and Subscriber has a wireless alarm system with no hard wired components, Subscriber pays SLOMIN’S $119 per hour or current rate, whichever is higher, for SLOMIN’S to install Subscriber’s wireless components, described in this Agreement, in the new residence and Subscriber executes and delivers to SLOMIN’S a new SLOMIN’S form Agreement for the monitoring and alarm services specified in this Agreement for a term equal to the term remaining in this Agreement.  It is Subscriber’s responsibility to remove the equipment from the residence described in this Agreement for installation at the new residence.  Subscriber may request SLOMIN’S to remove the equipment from the residence described in this agreement at a rate of $119 per hour or current rate, whichever is higher. 
    4. DISCLAIMER NOTICE / ADDITIONAL EQUIPMENT AND SERVICES AVAILABLE: Subscriber acknowledges that SLOMIN’S has explained how the alarm system operates and that additional equipment, systems, and protection, may be available from SLOMIN’S, for additional charges, and the undersigned has had sufficient opportunity to consider the additional services that may be available, and has decided not to request or contract for such additional equipment, systems, or protection. Subscriber was given option of installing and paying for monitoring through a wireless communicator. 
    5. PASSCODE TO CPU SOFTWARE REMAINS PROPERTY OF SLOMIN’S: Provided Subscriber performs this agreement for the full term, upon termination SLOMIN’S shall at its option provide to Subscriber the passcode to the CPU software or change the passcode to the manufacturer’s default code.  Software programmed by SLOMIN’S is the intellectual property of SLOMIN’S and any unauthorized use of same, including derivative works, is strictly prohibited and may violate Federal Copyright Laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties. The Equipment shall remain Subscriber’s personal property 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, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by SLOMIN’S.  SLOMIN’S signs and decals remain the property of SLOMIN’S and must be removed upon termination of this Agreement. 
    6. TERM OF AGREEMENT / RENEWAL/ EARLY TERMINATION / INCREASE: The term of this agreement shall be for a period as specified in Section C and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof SLOMIN’S shall be permitted from time to time to increase all charges by an amount not to exceed six percent each year and Subscriber agrees to pay such increase.  SLOMIN’S may invoice Subscriber in advance monthly, quarterly, or annually at SLOMIN’S’ option. 
    7. MONITORING CENTER MONITORING: Upon receipt of an alarm signal, video or audio transmission, from Subscriber’s security and or fire alarm system, SLOMIN’S or its designee Monitoring Center shall make every reasonable effort to notify Subscriber 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 believes 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 Subscriber may obtain a written response policy from SLOMIN’S.  No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber’s premises directly to municipal police or fire departments are not monitored by personnel of SLOMIN’S or SLOMIN’S’ designee Monitoring Center and SLOMIN’S does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals.  Subscriber acknowledges that signals and transmissions are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication, and pass through communication networks wholly beyond the control of SLOMIN’S and are not maintained by SLOMIN’S except SLOMIN’S may own the radio network, and SLOMIN’S 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 Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish SLOMIN’S with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals.  Unless otherwise provided in the Call List SLOMIN’S 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 SLOMIN’S’ notification obligation.  All changes and revisions shall be supplied to SLOMIN’S in writing. Subscriber authorizes SLOMIN’S to access the control panel to input or delete data and programming.  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 for so long as Monitoring Center in its sole discretion deems appropriate to confirm an alarm or emergency condition. If Subscriber requests SLOMIN’S to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay SLOMIN’S $90.00 for each such service.  SLOMIN’S may, without prior notice, suspend or terminate its services, in SLOMIN’S’ sole discretion, in event of Subscriber’s default in performance of this agreement or in event Monitoring Center facility or communication network is nonoperational or Subscriber’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 Subscriber information and data shall be maintained confidentially by SLOMIN’S. 
    8. REPAIR SERVICE: Repair service pursuant to this agreement is independent from any Limited Warranty in this agreement and includes all parts and labor, and SLOMIN’S shall service upon Subscriber’s request the security system installed in Subscriber’s premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber’s premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, water, insects, vermin, lightning, damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without SLOMIN’S written consent. Per Call service pursuant to Section C is on a time and material basis and must be paid for at time of service. 
    9. RUNNER SERVICE:  SLOMIN’S does not currently offer Runner Service, but can make arrangement for said service upon subscriber’s written request. 
    10. GUARD RESPONSE: SLOMIN’S does not currently offer Guard Response, but can make arrangement for said service upon subscriber’s written request. 
    11. SUBSCRIBER REMOTE ACCESS: If Remote Access is included in the Schedule of Equipment and Services to be installed and services provided by SLOMIN’S, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service from remote device supplied by SLOMIN’S or Subscriber’s Internet or wireless connection device which is compatible with SLOMIN’S’ remote services. SLOMIN’S will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed or, when system design permits, connect the system to the Internet, over which SLOMIN’S has no control. The remote services server is provided either by SLOMIN’S or a third party.  SLOMIN’S shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. SLOMIN’S shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise and shall not monitor or view the camera data.  Electronic data may not be encrypted and wireless components 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 and SLOMIN’S shall have no liability for access to the alarm system by others. 
    12. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high-speed Internet access and or wireless services at Subscriber’s premises.  SLOMIN’S does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system, SLOMIN’S will authorize Subscriber access. SLOMIN’S is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber’s security system can be compromised if the codes or devices used for access are lost or accessed by others and SLOMIN’S shall have no liability for such third party unauthorized access. SLOMIN’S 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 Subscriber’s responsibility to secure access to the system with pass codes and lock out codes. SLOMIN’S is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. If Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service. 
    13. AUDIO / VIDEO SYSTEM OPERATION AND LIMITATIONS / VIDEO CLIP SERVICE:  If Audio / Video Equipment is included in the description of equipment or if video equipment is attached to a recorder it shall not be used for any other purpose. Subscriber shall be permitted to access and make changes to the system’s operation on site and over the internet.  If data storage is selected service, SLOMIN’S shall store data received from Subscriber’s system for one year.  SLOMIN’S shall have no liability for data corruption or inability to retrieve data even if caused by SLOMIN’S’ negligence.  Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process.  Telephone or internet access is not provided by SLOMIN’S and SLOMIN’S has no responsibility for such access or IP address service. If system has remote access SLOMIN’S is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock outs. SLOMIN’S shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever. If audio or video devices are installed, Subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. SLOMIN’S has made no representations and has provided no advice regarding the use of audio or video devices. If audio or video devices are installed, Subscriber has been advised to independently ascertain that the audio or video devices are used lawfully.  SLOMIN’S has made no representations and has provided no advice regarding the use of audio or video devices and it is Subscriber’s sole responsibility to use the camera and audio devices lawfully. Video Clip service is not intended to be a 24/7 recording solution.  SLOMIN’S does offer other types of video solutions that offer 24/7 recording.  Video clips are stored on SLOMIN’S servers or third party servers authorized by SLOMIN’S. During the term of this agreement SLOMIN’S will authorize Subscriber access to the servers to view the video clips, though SLOMIN’S does not guarantee the quality or the video data, Subscriber’s ability to view the video clips or the duration of storage of the video clips.  Subscriber is aware that even when clips are deleted the clips may still reside on a server provided by the third party and may not be viewable by SLOMIN’S or the Subscriber.  Subscriber is solely responsible for placing cameras in lawful places and using the video clips in a lawful manner. SLOMIN’S has not made any representations or provided any instruction on the lawful placement or use of video clips and Subscriber acknowledges that it is Subscriber’s sole responsibility to ascertain such information. Subscriber agrees to use the cameras and the video clip service in a lawful manner.  SLOMIN’S does not and will not view Subscriber’s video clips but may be required by law to disclose the video clips pursuant to lawful process or court order. SLOMIN’S does not currently use video clips for alarm verification. 
    14. LIMITED WARRANTY ON EQUIPMENT: In the event that any part of the security equipment becomes defective, SLOMIN’S agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of one (1) year from the date of installation, except for cameras and video products, the installation of camera and video products, and the wireless Key Fob, which are warranted for a period of 90 days. SLOMIN’S 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. SLOMIN’S is not the manufacturer of the equipment and other than SLOMIN’S limited warranty Subscriber 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, SLOMIN’S makes no express warranties as to any matter whatsoever, including but not limited to the condition of the equipment, its merchantability, or its fitness for any particular purpose, and SLOMIN’S shall not be liable for consequential damages. SLOMIN’S does not represent nor warrant that the security 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. SLOMIN’S 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 SLOMIN’S. Subscriber acknowledges that any affirmation of fact or promise made by SLOMIN’S shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on SLOMIN’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 SLOMIN’S has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber’s exclusive remedy for SLOMIN’S breach of this agreement or negligence to any degree under this agreement is to require SLOMIN’S to repair or replace, at SLOMIN’S option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to service contracted under Section C of this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, SLOMIN’S will procure all permits required by local law and will provide a Certificate of Workman’s Compensation prior to starting work. 
    15. FIRE ALARMS / SMOKE AND CARBON MONOXIDE DETECTORS / BATTERY-POWERED DEVICES:  Unless the description of fire alarm equipment and services provides for a fire alarm system to code SLOMIN’S 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 Subscriber’s premises. If a fire alarm system to code is specified in the Schedule of Installation then SLOMIN’S will install fire alarm equipment pursuant to AHJ requirements. Subscriber agrees that any equipment required by the AHJ not specified in the Schedule of Installation shall be an extra to this agreement to be paid for by Subscriber at time the additional equipment is requested. Subscriber agrees that Subscriber is 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 electric and batteries for proper operation and it is Subscriber’s responsibility to regularly test such devices and replace batteries and the device as recommended by device manufacturer. Subscriber is solely responsible to check and replace batteries that are low or dead. 
    16. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: SLOMIN’S shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including SLOMIN’S’ negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of SLOMIN’S, SLOMIN’S shall have such additional time for performance as may be reasonably necessary under the circumstances. Subscriber agrees to pay SLOMIN’S the sum of $1,000 per day for each business day the work is rescheduled or delayed by Subscriber or others engaged by Subscriber through no fault of SLOMIN’S on less than 24-hour notice to SLOMIN’S. If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of SLOMIN’S, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation.  Subscriber assumes all risk of loss of material once delivered to the job site. Should SLOMIN’S be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay SLOMIN’S for such service or material. 
    17. TESTING OF SECURITY SYSTEM:  The parties hereto agree that Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber’s sole responsibility to test the operation of the Security System and to notify SLOMIN’S if it is in need of repair. Repair service if provided is pursuant to Monitoring & Service Section and paragraph 8.  SLOMIN’S shall not be required to service the security equipment unless it has received notice from Subscriber, and upon such notice, SLOMIN’S shall, during the warranty or Repair Service Plan period, service the security equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m.  Subscriber agrees to test and inspect the security equipment and to advise SLOMIN’S of any defect, error or omission in the security equipment.  In the event Subscriber complies with the terms of this agreement and SLOMIN’S fails to repair the security equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the security equipment is in need of repair to SLOMIN’S, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the security equipment remains inoperable.  In any lawsuit between the parties in which the condition or operation of the security equipment is in issue, the Subscriber shall be precluded from raising the issue that the security equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by SLOMIN’S, evidencing that warranty or repair service was requested by Subscriber. 
    18. CARE AND SERVICE OF SECURITY SYSTEM:  Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed.   All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber’s premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber.  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, are not included in warranty or service under Section C and will be repaired or replaced at Subscriber’s expense payable at time of service.  No apparatus or device shall be attached to or connect with the security system as originally installed without SLOMIN’S’ written consent. 
    19. ALTERATION OF PREMISES FOR INSTALLATION: SLOMIN’S is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary  in SLOMIN’S’ sole discretion for the installation and service of the security system, and SLOMIN’S shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber,  authorizes the installation of the security system under the terms of this agreement. 
    20. SUBSCRIBER’S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber’s expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, internet connection, high-speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by SLOMIN’S. Telephone service not required if SLOMIN’S chooses to provide a third party cellular network radio. Subscriber represents that they are the Subscriber and regular user of the phone number(s) provided in this agreement on Page 1 and Subscriber is obligated to notify SLOMIN’S if they change their number(s) or cancel service on the number(s).  Subscriber can opt out of receiving promotional calls by contacting SLOMIN’S via phone at 516-932-7000 or via email correspondence to [email protected]. 
    21. LIEN LAW:  SLOMIN’S or any subcontractor engaged by SLOMIN’S to perform the work or furnish material who is not paid may have a claim against Subscriber or the owner of the premises if other than the Subscriber which may be enforced against the property in accordance with the applicable lien laws. 
    22. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS:  Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless SLOMIN’S, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys’ fees and losses, asserted against and alleged to be caused by SLOMIN’S’ 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.  Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against SLOMIN’S or SLOMIN’S’ subcontractors arising out of this agreement or the relation of the parties hereto.  Subscriber shall not be permitted to assign this agreement without written consent of SLOMIN’S, which shall not unreasonably be withheld.  SLOMIN’S shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations herein upon such assignment.  
    23. EXCULPATORY CLAUSE: SLOMIN’S AND SUBSCRIBER AGREE THAT SLOMIN’S IS NOT AN INSURER AND NO INSURANCE COVERAGE IS OFFERED HEREIN. THE FIRE ALARM, SECURITY SYSTEM, EQUIPMENT, AND SLOMIN’S SERVICES ARE DESIGNED TO DETECT AND REDUCE CERTAIN RISKS OF LOSS, THOUGH SLOMIN’S DOES NOT GUARANTEE THAT NO LOSS OR DAMAGE WILL OCCUR.  SLOMIN’S IS NOT ASSUMING LIABILITY, AND, THEREFORE, SHALL NOT BE LIABLE TO SUBSCRIBER 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 SUBSCRIBER 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 SLOMIN’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. 
    24. INSURANCE / ALLOCATION OF RISK: Subscriber shall maintain a policy of Homeowner’s Dwelling and Liability Insurance for liability, casualty, fire, theft, and property damage under which Subscriber is named as insured and SLOMIN’S is named as additional insured and which shall on a primary and non-contributing basis cover any loss or damage SLOMIN’S’ services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Subscriber assume all potential risk and damage that may arise by reason of failure of the equipment, system or SLOMIN’S’ services and that Subscriber will look to its own insurance carrier for any loss or assume the risk of loss.  SLOMIN’S shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Subscriber from insurance covering such loss or damage or for such loss or damage against which Subscriber is indemnified or insured. Subscriber and all those claiming rights under Subscriber waive all rights against SLOMIN’S and its subcontractors for loss or damages caused by perils intended to be detected by SLOMIN’S’ services or covered by insurance to be obtained by Subscriber, except such rights as Subscriber or others  may have to the proceeds of insurance. 
    25. SLOMIN’S RIGHT TO SUBCONTRACT SPECIAL SERVICES / NON-SOLICITATION: Subscriber agrees that SLOMIN’S is authorized and permitted to subcontract any services to be provided by SLOMIN’S to third parties who may be independent of SLOMIN’S, and that SLOMIN’S shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties.  Subscriber appoints SLOMIN’S to act as Subscriber’s agent with respect to such third parties, except that SLOMIN’S shall not obligate Subscriber to make any payments to such third parties.  Subscriber acknowledges that this agreement, and particularly those paragraphs relating to SLOMIN’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 assignees, subcontractors, manufacturers, vendors and Monitoring Center of SLOMIN’S. 
    26. MOLD, OBSTACLES AND HAZARDOUS CONDITIONS: Subscriber shall notify SLOMIN’S in writing of any undisclosed, concealed or hidden conditions in any area where installation is planned, and Subscriber shall be responsible for removal of such conditions. In the event SLOMIN’S discovers the presence of suspected asbestos or other hazardous material, SLOMIN’S shall stop all work immediately and notify Subscriber.  It shall be Subscriber’s sole obligation to remove such conditions from the premises, and if the work is delayed due to the discovery of suspected asbestos or other hazardous material or conditions then an extension of time to perform the work shall be allowed and Subscriber agrees to compensate SLOMIN’S for any additional expenses caused by the delay but not less than $1000.00 per day until work can resume. If SLOMIN’S, in its sole discretion, determines that continuing the work poses a risk to SLOMIN’S or its employees or agents, SLOMIN’S may elect to terminate this agreement on three day notice to Subscriber and Subscriber shall compensate SLOMIN’S for all services rendered and material provided to date of termination. SLOMIN’S shall be entitled to remove all its equipment and uninstalled equipment and material from the job site. Under no circumstances shall SLOMIN’S be liable to Subscriber for any damage caused by mold or hazardous conditions or remediation thereof. 
    27. FAIR CREDIT REPORTING ACT:  In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes SLOMIN’S to obtain a consumer credit report.  Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA.  Written request must be given from the Subscriber to SLOMIN’S to request additional credit information.  Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation. 
    28. FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225. 
    29. SLOMIN’S proof of general liability insurance (Declaration of Insurance) is attached hereto.  Telephone number of insurance carrier is (610) 617-7900. 
    30. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF SLOMIN’S AS A RESULT OF SLOMIN’S’ BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF SLOMIN’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 SLOMIN’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. IF SUBSCRIBER WISHES TO INCREASE SLOMIN’S’ AMOUNT OF LIMITATION OF LIABILITY, SUBSCRIBER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH SLOMIN’S’ INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE. 
    31. LEGAL ACTION / EARLY TERMINATION / BREACH / LIQUIDATED DAMAGES / BINDING ARBITRATION:  Subscriber shall have no obligation to pay the waived Purchase Price provided Subscriber completes all payments and other obligations under this agreement.  This agreement has an initial fixed term and if the Subscriber wishes to terminate this agreement early, or breaches this agreement by failing to make payment for the term of this agreement or otherwise fails to comply with the terms of this agreement, the Subscriber agrees that Subscriber shall be liable to SLOMIN’S for i) the waived Purchase Price, which shall be prorated over the initial term of this agreement,  ii) any unpaid installation or accrued service charges, iii) an amount equal to 80% of the remaining balance of all recurring charges for the term of this agreement, which the parties agree is a fair estimate and integral part of SLOMIN’S anticipated profit on the remaining payments, which actual damages would otherwise be difficult if not impossible to fix, and therefore the parties wish to agree to as LIQUIDATED DAMAGES, and iv) SLOMIN’S legal fees.  Upon Subscriber’s early termination or breach of this agreement SLOMIN’S shall be permitted to terminate its services, including but not limited to terminating monitoring service under this agreement and  to remotely re-program or delete any programming ignore signals, and terminate Subscriber’s access to any portals or cloud based services without relieving Subscriber of any obligation herein.  SUBSCRIBER AGREES THAT SUBSCRIBER MAY BRING CLAIMS AGAINST SLOMIN’S ONLY IN ITS 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 ASSIGNS, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM AND THE FEDERAL ARBITRATION ACT, EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. An arbitration award may be enforced in any court of competent jurisdiction.  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. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Postage Pre-paid First-Class Mail delivered by the U.S. Postal Service addressed to: If to SLOMIN’s, SLOMIN’S Inc. c/o Legal Department, 125 Lauman Lane, Hicksville, NY 11801; if to the Subscriber, the Subscriber’s address set forth in this agreement or another address provided by the Subscriber in writing to SLOMIN’S Subscriber submits to the jurisdiction of New York, venue in Nassau County, New York and agrees that this agreement shall be interpreted and enforced in accordance with the laws of New York, except for arbitration which is governed by the FAA. The parties waive trial by jury in any action between them, unless prohibited by law, and in any action commenced by SLOMIN’S against Subscriber, Subscriber shall not be permitted to interpose any counterclaim.  The prevailing party in any litigation or arbitration is entitled to recover its reasonable legal fees from the other party.   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 and any other claim or cause of action that Subscriber may have or bring against SLOMIN’S in respect to other services rendered in connection with or in furtherance of this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and the consent to arbitrate and other provisions of this paragraph shall survive the termination of this agreement. 
  5. Termination of Access and/or AccountThis Contract of Sale shall remain in full force and effect for the Initial 5 Year Commitment and for the duration of any Subscription Services unless earlier terminated in accordance with this Contract of Sale.  In addition to any right or remedy that may be available to us under this Contract of Sale or under applicable law, we may limit, suspend, or terminate your access to any of the Sites (including, without limitation, your account registration), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including your identity, to the proper authorities. See our Privacy Policy for instructions on how to modify or delete your account. All Sections and terms that reasonably may be interpreted as surviving, shall survive any termination of this Contract of Sale. 
  6. Indemnity. You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, agents, partners and employees (the “Slomin’s Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (1) your use of the Sites in violation of this Contract of Sale and/or arising from a breach of this Contract of Sale (including, without limitation, any breach of your representations and warranties set forth herein) (2) your violation of applicable law, and / or (3) your activities or omissions in connection with any transaction you enter into on or via the Sites. 
  7. DISCLAIMER OF WARRANTIES. YOUR USE OF THE SITES IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THIS CONTRACT OF SALE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE SITES.   EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CONTRACT OF SALE, THE SITES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE SITES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SLOMIN’S SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, FIRE, ACCIDENT, ACT OF PUBLIC ENEMY, WAR, REBELLION, INSURRECTION, SABOTAGE, TRANSPORTATION DELAYS, EPIDEMICS, PANDEMICS, PUBLIC HEALTH CRISES, SHORTAGE OF RAW MATERIALS, ENERGY OR MACHINERY, ACTS OF GOD, GOVERNMENT OR THE JUDICIARY.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS CONTRACT OF SALE.  
  8. LIMITATION ON LIABILITY.  Slomin’s is not an insurer and no insurance coverage is offered herein. The fire alarm, security system, equipment, and any other products offered by Slomin’s are designed to detect and reduce certain risks of loss, though Slomin’s does not guarantee that no loss or damage will occur.  Slomin’s is not assuming liability, and, therefore, shall not be liable to you 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 you or any customer 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 Slomin’s breach of contract, negligent performance to any degree in furtherance of this Contract of Sale, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this Contract of Sale or any other legal duty. FOR THE AVOIDANCE OF DOUBT, WITHOUT LIMTING THE FOREGOING, IN NO EVENT SHALL THE SLOMIN’S PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE SITES, YOUR INABILITY TO USE THE SITES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES, EVEN IF THE SLOMIN’S PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SLOMIN’S PARTIES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR TEN UNITED STATES DOLLARS. 
  9. Third Party Transactions. Through your use of the Sites, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Slomin’s shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Sites. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US. 
  10. Other Sources of Terms and Conditions; Promotions and Coupons. Certain provisions of the Contract of Sale may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Sites, including on any checkout page.  In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Sites (“Offer(s)”), you may be required to agree to additional or different terms and conditions (“Additional Terms”). Certain merchandise, shipping methods, costs or membership programs, and/or delivery or installation times may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between this Contract of Sale and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in this Contract of Sale will continue to apply. For the sake of clarity, silence with respect to a particular term in either this Contract of Sale or any Additional Terms does not constitute a conflict. 
  11. U.S. Export Controls. Software made available to you by the Sites (the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 
  12. Privacy Policy. You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy (“Privacy Policy”). All provisions of the Privacy Policy are incorporated by reference herein. 
  13. Governing Law.  This Contract of Sale and your use of the Sites will be governed by federal and New York law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Sites. 
  14. Miscellaneous. We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Sites or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of this Contract of Sale shall not operate as a waiver of such right or provision. The section titles in this Contract of Sale are for convenience only and have no legal or contractual effect. This Contract of Sale and your account on the Sites are personal to you and may not be transferred or assigned. Our performance under this Contract of Sale is subject to existing laws and legal process, and nothing contained in this Contract of Sale is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. If any part of this Contract of Sale is deemed to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Contract of Sale shall be unaffected and shall continue to be fully valid, binding, and enforceable.  These Contract of Sale, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy, our Terms of Use, Additional Terms and/or other additional terms applicable to various parts of the Sites), constitute the entire understanding between you and us. For the avoidance of doubt, this Contract of Sale applies solely to the extent permitted by law. 
  15. Contact Information.  Slomin’s, Inc., 125 Lauman Lane, Hicksville, NY 11801. 
  16. FULL AGREEMENT / SEVERABILITY: This agreement constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement.  Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’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.