We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy http://www.brinkshome.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website and the resources it offers.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

By registering, you also consent to receive electronic communications from the Company (e.g., via email or by posting notices to the Website). These communications may include notices about your account (e.g., authorizations, confirmations and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Website.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, in our sole discretion, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Nothing contained in the Website shall be construed as granting, by implication or otherwise, any license or right to use any such trademarks without the prior written permission of the Company or such third party that may own such trademark.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Website.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings. IF YOU CHOOSE TO SUBMIT TO THE COMPANY, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION AVAILABLE TO THE COMPANY, YOU DO SO AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR. You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy http://www.brinkshome.com/privacy-policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on this Website is subject to our Privacy Policy http://www.brinkshome.com/privacy-policy By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Additional terms and conditions may also apply to specific portions, services or features, including the purchase of Nest products. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send e-mails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

By clicking accept, and by posting and uploading User Generated Content (collectively, “User Generated Content” or “UGC”) on any social media platform with the hashtag #MyBrinksStory, #MyBrinksHomeStory, or any other Brinks Home brand hashtags, you grant Brinks Home (collectively, “Brinks Home”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Brinks Home-tagged UGC in any manner to be determined in Brinks Home’s sole discretion, including but not limited to on its webpages, social media pages operated by Brinks Home, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known.

You hereby represent and warrant that you:

• (i) own all rights in and to your UGC

• (ii) have permission from all person(s) appearing in your UGC to grant the rights granted herein;

• (iii) are at least 18 years of age or, if you are under 18 years of age or the age of majority in your jurisdiction, your parent or legal guardian has read these terms and conditions and you have the consent of your parent or legal guardian to grant Brinks Home the rights granted herein

• (iv) the Licensed Parties' use of your UGC as described herein will not violate the rights of any third party or any law

You are solely responsible for all of the UGC that you post. Brinks Home is not responsible for the UGC nor does it endorse any opinion contained in the UGC. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST BRINKS HOME RELATED TO THE CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD BRINKS HOME HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Any disputes or claims arising out of or in connection with the granting of the license discussed herein are subject to the laws of the state of Texas, United States of America, without regard to choice or conflicts of law principles.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Texas although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and, our Privacy Policy, Terms and Conditions constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Notwithstanding anything contained in these Terms of Use, the Company reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Website at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

This website is operated by BH Security, LLC dba Brinks Home, 1990 Wittington Place, Farmers Branch, Texas 75234. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]

The Federal Communications Commission (FCC) established a National Do Not Call registry for consumers who want to avoid unwanted sales calls. You may register your number on the National Do Not Call registry. To do so free of charge, go to the Federal Do Not Call website or call 888-382-1222 (TTY 866-290-4236) from the number you wish to register. Both the call and registration are free.

If you do not want to receive special promotions or other sales calls from us, you may ask to list your number on our own Do Not Call list by calling us at 888.758.5900 or emailing us at [email protected]. We'll update our list within 1 business day of your request. We'll maintain your request for five years unless you ask to be removed from the list. If your name or number changes, you'll need to provide us your new information so that we won't unknowingly call you. We and our representatives won't call you for sales promotions or other campaigns if you register on our own Do Not Call list. We may still continue to contact you for non-telemarketing purposes such as customer service surveys or other service matters if you remain a customer.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is: Attn: Legal 1990 Wittington Place Farmers Branch, TX 75234 [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.

• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to: Attn: Legal 1990 Wittington Place Farmers Branch, TX 75234 [email protected] The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

This fee recovers costs incurred in the provision and maintenance of hardware, firmware and software to connect customer’s homes and businesses security systems to alarm monitoring networks, including costs for the replacement of customer premises security system radio equipment utilizing legacy cellular networks.

Starting 4/1/2022, the fee attached to a paper statement is increasing to $5.99 per bill. This fee covers costs associated with mailing statements, such as postage and increasing prices of materials. To avoid this charge, sign into your Brinks Home™ account and follow the steps to enroll in Paperless Billing.

**Link “Paperless Billing” to How to Enroll and Manage Paperless Billing for Brinks Home™

Rates from 0% APR. For example, a $1,500 purchase might cost $41.67/mo over 36 months at 0% APR. Payment options through Affirm are subject to an eligibility check, may not be available in all states, and are provided by these lending partners: affirm.com/lenders. Options depend on your purchase amount, and a down payment may be required. CA residents: Loans by Affirm Loan Services, LLC are made or arranged pursuant to a California Finance Lenders Law license.

When you engage Brinks Home’s virtual tech support, Brinks Home will send you a text message to join the session. By joining the session, you agree to the following terms. These terms apply only to your interactions with Brinks Home. You are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Brinks Home is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider. You should be aware that as part of the virtual tech service that you and your surroundings may be seen and heard by the technician. Brinks Home may record a portion or all of your session including, but not limited to audio, video, and/or still images, for purposes which may include providing service to you, customer experience, quality, and/or other purposes relating to operations and provision of virtual tech support services. If you do not want to be recorded, do not join the session. Recordings may be stored on a third-party’s network and/or systems. You acknowledge that Brinks Home uses a third-party platform, called TechSee, to connect with you via your phone’s camera. These terms do not apply to the third-party platform(s) used by Brinks Home to provide this service to you. Use of this platform is governed by TechSee’s Terms of Use, which you can review here: https://techsee.me/terms-and-conditions/

Brinks Home uses third-party artificial intelligence technologies to enhance customer service through its Help Center Assistant. The Help Center Assistant is intended as a supplementary tool to assist with general inquiries. By interacting with the Help Center Assistant, you acknowledge and agree to the following:

• Limitations of the Help Center Assistant: Responses from the Help Center Assistant may not always be accurate, complete, or up-to-date due to the inherent limitations of artificial intelligence technologies. Brinks Home cannot and does not guarantee the accuracy or reliability of the responses and information provided by the Help Center Assistant.

• User Responsibility: You should not rely solely on the Help Center Assistant. You are responsible for verifying the information provided by the Help Center Assistant with Brinks Home, particularly when making decisions or taking action based on that information.

• Right to Modify or Correct Information: Brinks Home reserves the right to, and in its sole discretion may, modify, correct, or override any information or response provided by the Help Center Assistant, at any time. The information and responses provided by the Help Center Assistant are subject to human review and revision.

By providing us with your mobile number at the time of account creation, you gave Brinks Home permission to send you account-related text messages, like payment reminders and notifications, in conjunction with the services you have requested. The number of messages will vary by account.  By providing us with your mobile number, you agree you have ownership rights or permission to use the number given to us. Message and data rates may apply. To opt-out, text STOP to any text message we send you. To request support, email us at [email protected] If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages. Wireless carriers are not liable for undelivered or delayed messages.

Limited time offer.  Limit one (1) smart panel, three (3) door or window sensors, and (1) one motion or glass break sensor per customer.  Valid only on in-stock items, while supplies last.  Additional equipment may be purchased at standard, retail pricing.  Offer valid for new residential customers in select locations only. Requires acceptance of standard contract terms and obligations with a minimum 36-month initial term, a monitoring plan of $54.99/month, and a one-time activation fee of $99.00. Additional taxes and fees may apply.  This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases.  Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Offer may be modified or discontinued at any time without notice.  Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

Limited time offer. Offer valid for new residential customers only. With an equipment purchase of $300 or more, customer will receive twenty percent (20%) off of the total equipment purchase price, before taxes and fees, up to a $500 discount. Requires acceptance of a minimum 36-month monitoring contract starting at $49.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Additional taxes and fees may apply. Offer not valid in conjunction with any financing option. Offer not valid on online orders. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Returns may result in forfeiture of discounts and you may be responsible for paying any such adjustments. Offer may be modified or discontinued at any time without notice. Installation work performed by licensed personnel where required by applicable law. Installation work performed by personnel licensed where required by applicable law. License information is available at Licensing Information | Brinks Home™ .

Limited time offer. Limit one (1) free video doorbell per customer. Valid only on in-stock doorbell cameras, while supplies last. Offer valid for new residential customers only with the purchase of a new security system with a minimum equipment purchase of $500 or more. Certain markets excluded. Requires acceptance of a minimum 36-month monitoring contract starting at $54.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Additional taxes and fees may apply. System must be activated within thirty (30) days of purchase. Offer not valid in conjunction with any financing option. Offer not valid on online orders. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Offer may be modified or discontinued at any time without notice. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Returns may result in forfeiture of discounts and you may be responsible for paying any such adjustments. Offer may be modified or discontinued at any time without notice. Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

Limited time offer

Limit one (1) smart panel, (1) video doorbell, three (3) door or window sensors, and (1) one motion or glass break sensor per customer. Valid only on in-stock items, while supplies last. Additional equipment may be purchased at standard, retail pricing. Offer valid for new residential customers in select locations only. Requires acceptance of standard contract terms and obligations with a minimum 36-month initial term, a monitoring plan of $54.99/month, and a one-time activation fee of $99.00. Additional taxes and fees may apply. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Offer may be modified or discontinued at any time without notice. Installation work performed by personnel licensed where required by applicable law. 

Limited time offer. Offer valid for new residential customers only. Certain markets excluded. Customer will receive $500 off of the purchase of one (1) IQ4 panel, two (2) door/window sensors, and one (1) motion sensor. Requires acceptance of a minimum 36-month monitoring contract terms starting at $39.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Additional taxes and fees may apply. Additional products and add-ons subject to standard equipment and installation pricing. Offer not valid in conjunction with any financing option. Offer not valid on online orders. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Returns may result in forfeiture of discounts and you may be responsible for paying any such adjustments. Offer may be modified or discontinued at any time without notice. Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

Limited time offer. Offer valid for new residential customers only. With an equipment purchase of $300 or more, customer will receive ten percent (10%) off of the total equipment purchase price, before taxes and fees, up to a $500 discount. Additional taxes and fees may apply. Requires acceptance of a minimum 36-month monitoring contract starting at $49.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Offer not valid on online orders. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Offer is non-transferable and may not be resold. Returns may result in forfeiture of discounts and you will be responsible for paying any such adjustments. Offer may be modified or discontinued at any time without notice. Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

Limited time offer. Offer valid for new residential customers only with a minimum equipment purchase of $500. With purchase of two qualifying indoor or outdoor cameras in the same transaction, customer will receive fifty percent (50%) off the second indoor or outdoor camera. Discount will be applied to the camera of equal or lesser value. Valid only on in-stock indoor and outdoor cameras, while supplies last. Requires acceptance of a minimum 36-month monitoring contract starting at $54.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Additionally taxes and fees may apply. Offer not valid on online orders. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Offer may be modified or discontinued at any time without notice. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Returns may be result in forfeiture of discounts and you will be responsible for paying any such adjustments. Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

Offer valid for new residential customers only. Monitoring plans start at $39.99 per month with a minimum equipment purchase of $500. Standard equipment and installation pricing applies. Requires acceptance of standard contract terms and conditions with a minimum 36-month initial term. Additionally taxes and fees may apply. Offer not valid on online orders. Offer is non-transferrable and may not be resold. Offer may be modified or discontinued at any time without notice. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

Limited time offer. Offer valid for new residential customers only with the purchase of a new security system with a minimum equipment purchase of $500, before taxes and fees. Requires acceptance of a minimum 36-month monitoring contract starting at $49.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Additionally taxes and fees may apply. Offer not valid on online orders. Offer is non-transferable and may not be resold. Offer may be modified or discontinued at any time without notice. Standard equipment pricing applies. This offer is not redeemable for cash or cash equivalents, and is not valid for past or pre-ordered installations. Installation work performed by personnel licensed where required by applicable law. License information is available at BrinksHome.com/licenses.

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. To participate, you must be an Instagram user, at least 18 years of age, a legal resident of the United States (including D.C.). Brinks Home employees and their immediate family members, including any individuals with whom they reside, are not eligible to participate. By participating, you are agreeing to be bound by these terms and conditions and to accept the decisions of BH Security, LLC dba Brinks Home (“Brinks Home”) as final and binding in all respects. You also agree that Brinks Home may contact you, if selected as the winner, via direct message on Instagram for the purposes of administering and fulfilling this giveaway, and any winner who submitted an entry via the alternative method will be notified via e-mail. As such, you must adjust your Instagram account setting accordingly to allow for receipt of messages from Brinks Home. Failure or inability to receive message(s) from Brinks Home for any reason shall be deemed a failure to comply with these terms and conditions.

How to Enter: To enter, eligible participants must (i) follow instagram.com/brinkshome and (ii) like one (1) of the two (2) giveaway posts on the page by 9/24/2024 at 11:59pm CT. Submissions received before the giveaway period begins or after the giveaway period ends will be disqualified.

Alternative Method of Entry: You may also enter by sending an e-mail containing your full name and address to [email protected] with the subject line “Smart Plug Giveaway” within the giveaway period.

One (1) winner will be randomly selected from all eligible entries. The odds of winning depend upon the number of eligible entries received. Brinks Home will notify the winner by private message after the contest has ended with instructions for claiming the prize. Winner must respond to Brinks Home within forty-eight (48) hours thereafter. If a potential winner cannot be contacted, is disqualified, the prize or prize notification is rejected or returned as undeliverable, or fails to respond to Brinks Home within the specified time, Brinks Home, in its sole discretion, may choose to select an alternative winner from among the remaining eligible entries. The winner will receive five (5) smart plugs (model no. QZ2101. Total estimated retail value is $[200.00]. Winner is solely responsible for reporting and paying any and all applicable federal, state and/or local taxes, fees, surcharges, and expenses attributable to any prize. Prize is subject to verification of eligibility and compliance with these terms and conditions. There is a limit of one (1) entry per person, regardless of method of entry. Entries in excess of the stated limitation will be void. Upon prize forfeiture, no compensation will be given.

Except where prohibited by law, each participant irrevocably grants to Brinks Home the royalty-free right and permission to unconditionally reproduce, store, transmit, publish, display, use, or reuse the participant’s name and any other information or materials arising out of participating in this giveaway for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known, in any language, throughout the world, and in any manner without further review, notice, approval, consideration or compensation to the participant. Unless prohibited by law, each participant waives any right of privacy, right of publicity, intellectual property right, and other right that may preclude Brinks Home from using or disclosing all or any part of an entry in any manner and for any purpose. This includes, but is not limited to Brinks Home identifying the potential winner’s name on Instagram as a potential or actual winner of this giveaway (including with respect to potential winners who use the alternative method of entry).

BRINKS HOME DOES NOT MAKE OR PROVIDE ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRIZE AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE PRIZE. BRINKS HOME DOES NOT WARRANT THAT THE PRIZE IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. Brinks Home shall not be responsible or liable for, and is hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in this giveaway or any related activity, or from the winner’s acceptance, receipt, possession and/or use or misuse of any prize. The winner agrees to indemnify and hold Brinks Home harmless from any and all losses, damages, rights, claims, and actions of any kind arising in connection with or as a result of participating in this giveaway or acceptance or use of the reward. All decisions of Brinks Home concerning these Rules or otherwise relating to this giveaway are final and binding. Brinks Home reserves the right to terminate this giveaway, or make such other decisions regarding the outcome as Brinks Home deems appropriate. This giveaway, including any and all disputes, claims and causes of action arising out of or in connection therewith, shall be governed by and construed in accordance with the laws of the State of Texas, both as to interpretation and performance, without regard to any conflict of laws principles. By participating in this giveaway, you agree that any and all disputes, claims, and causes of action arising out of or connected with the incentive program, or any reward awarded, shall be resolved individually, without resort to any form of class action. This giveaway is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law.

Privacy: Any personal information of a participant collected by Brinks Home during the giveaway will be used by Brinks Home for purposes of the proper administration and fulfillment of the giveaway as described in these terms or as otherwise permitted and in accordance with Brinks Home’s Privacy Policy, available at brinkshome.com/privacy-policy.

This giveaway is in no way sponsored, endorsed, administered or associated with Instagram or any other social network.

Limited time offer. Offer valid for new residential customers only. With an equipment purchase of $599 or more before taxes and fees, customer may choose two (2) products. Valid on certain, in-stock products only. See list of available products below. Retail value of the selected products cannot exceed $600. Requires acceptance of a minimum 36-month monitoring contract starting at $54.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment in the system. Additional taxes and fees may apply. Offer not valid in conjunction with any financing option. Offer not valid on online orders. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Offer may be modified or discontinued at any time without notice. Installation work performed by licensed personnel where required by applicable law. License information is available at Licensing Information | Brinks Home™ .

Products include outdoor camera (model no. ADC-724); indoor camera (model no. ADC-523); video doorbell (model no. ADC-VDB770); Kwikset 620 Deadbolt, smart thermostat (model no. ADC-T2000); flood detector (model no. QS5536-840); smoke detector (model no. QS5110-840); carbon monoxide detector (QS5210-840); door/window sensor (model no. QS1135-840); motion sensor (model no. QS1231-840); glassbreak sensor (model no. QS1431-840); garage door controller (model no. GD00Z-8-GC).

Limited time offer. Offer valid for new residential customers only. Valid on select, in-stock equipment only. Package: (1) IQ4 panel (model no. IQP4088), three (3) door/window sensors (model no. QS1135-840), one (1) motion sensor (model no. QS1231-840), and one (1) doorbell camera (model no. ADC-VDB770). Requires acceptance of a minimum 36-month monitoring contract starting at $49.99/month. Additional taxes and fees may apply. Upgrades, additional equipment, and add-ons subject to standard equipment, monitoring, and installation pricing. Offer not valid on online orders. Offer is non-transferable and may not be resold. Offer may be modified or discontinued at any time without notice. This offer is not redeemable for cash or cash equivalents, and is not valid for past or pre-ordered installations. Installation work performed by personnel licensed where required by applicable law. License information is available at Licensing Information | Brinks Home™.

Approximate retail value before discounts or promotions. Package consists of: (1) IQ4 panel (model no. IQP4 series), three (3) door/window sensors (model no. QS1135-840), one (1) motion sensor (model no. QS1231-840), one (1) doorbell camera (model no. ADC-VDB770) and 6-months free monitoring. Limited time offer. Offer valid for residential customers in select locations only. Comparable equipment may be substituted. Additional taxes and fees may apply. Upgrades, additional equipment, and add-ons subject to standard equipment, monitoring, and installation pricing. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Offer may be modified or discontinued at any time without notice. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Installation work performed by personnel licensed where required by applicable law. License information is available at https://brinkshome.com/about-us/licensing.

Limited time offer. Offer valid for new residential customers only. With an equipment purchase of $599 or more, customer will receive thirty percent (30%) off of the total equipment purchase price, before taxes and fees, up to a $500 discount. Requires acceptance of a minimum 36-month monitoring contract starting at $49.99/month, and acceptance of the Brinks Home Plus service plan for an additional monthly fee based on the retail value of all equipment. Additional taxes and fees may apply. Offer not valid in conjunction with any financing option. Offer not valid on online orders. This offer is not redeemable for cash or cash equivalents, and is not valid on past or pre-ordered purchases. Offer is non-transferable, may not be resold, and may not be combined with other offers or discounts. Returns may result in forfeiture of discounts and you may be responsible for paying any such adjustments. Offer may be modified or discontinued at any time without notice. Installation work performed by licensed personnel where required by applicable law. Installation work performed by personnel licensed where required by applicable law. License information is available at Licensing Information | Brinks Home™.

1. Overview. These Brinks Home Plus Extended Service Plan (the “Extended Service Plan”) Terms (“Terms”) govern and describe the hardware maintenance services (“Services”) Brinks Home™ will provide to you for certain qualifying device(s) from manufacturers authorized by Brinks Home (“Covered Devices”). See Exhibit A for a list of the current device categories. Covered device categories and manufacturers are subject to change. References to “you” and “your” are references to the person(s) named as the customer as identified on the alarm monitoring agreement to which these Terms relate. References to “we,” “our,” “us,” and “Brinks Home” refer to BH Security, LLC dba Brinks Home and/or its employees or third party service providers, as the case may be.  

2. Eligibility for Extended Service Plan. You must be a current residential customer and up to date on all payments to Brinks Home to receive Services under your Extended Service Plan. The Extended Service Plan does not extend to any subsequent owner or other transferee of the equipment or alarm monitoring services. Other eligibility requirements, including geographic limitations, may apply. Please contact Brinks Home with eligibility questions.

3. Service Fees. The monthly fee for the Extended Service Plan is based on the retail value of all equipment in your System, not including any promotions or discounts, as determined by Brinks Home in its reasonable discretion, and is subject to change in the event additional equipment is subsequently added to your System. After the Initial Term, Brinks Home may increase the monthly fee of your Extended Service Plan not more than once per year (on a rolling twelve (12) month basis) to the then-current monthly fee offered by Brinks Home. You will be required to pay a trip fee for each request for Services you make under your Extended Service Plan that requires a technician be dispatched to your premises to perform Services. This trip fee covers the cost of the initial on-site diagnosis and testing in order to determine what repair/replacement may be needed, as well as the additional time the technician is on-site performing repairs/replacements. Service outside of regular business hours will be charged at a higher rate. Regular business hours are Monday through Friday, 8:00 a.m. to 5 p.m., excluding holidays. All charges are due upon completion of the Service visit.

4. When Your Extended Service Plan Begins and Ends. Your Extended Service Plan begins on the date you purchase the Extended Service Plan (a) in conjunction with an alarm monitoring agreement, or (b) on a standalone basis as a current alarm monitoring customer of Brinks Home. This Extended Service Plan supersedes and replaces any prior service or maintenance plan you may have from Brinks Home. The initial term of your Extended Service Plan shall be twelve (12) months (the “Initial Term”) and thereafter automatically renew yearly (each a “Renewal Term”). You authorize Brinks Home to charge the payment method you authorized in conjunction with your alarm monitoring services, as may be updated by you from time to time, until your Extended Service Plan is terminated or cancelled. After the Initial Term, you may cancel your Extended Service Plan by calling Brinks Home and completing Brinks Home’s then-current cancellation procedures. If cancelled, your Extended Service Plan will terminate at the end of the then-current billing period. Extended Service Plan fees and payments are non-refundable.

Brinks Home reserves the right to terminate your Extended Service Plan if you are no longer a customer in good standing with Brinks Home, if you fail to make any payment when due, or if you fail to comply with your obligations set forth Section 10 below. Brinks Home may change the availability and/or terms of this Extended Service Plan at its discretion (and where allowed by law). Any such changes will not apply to service visits under your Extended Service Plan to the extent those service visits were scheduled prior to the changes taking effect.

5. Early Termination. You agree that the fees and charges due under these Terms are based on your agreement to receive and pay for the Services during the Initial Term and that Brinks Home has relied upon this agreement in deciding to provide the Services to you. If you cancel your Extended Service Plan or you otherwise breach these Terms during the Initial Term, you will pay an amount equal to one hundred (100%) percent of the remaining payments owed during the Initial Term. This amount is a termination charge and not a penalty. All amounts are due immediately without presentment, demand, protest or further notice, all of which you expressly waive. No contract termination charges are due if you cancel your Extended Service Plan during the Initial Term but have not received Services or if you cancel your Extended Service Plan during any Renewal Term. 

6. What the Extended Service Plan Covers. During the term of your Extended Service Plan, with respect to any Covered Device that is deemed inoperable by Brinks Home due to normal wear and tear or product malfunction, Brinks Home will, in its sole discretion: (a) ship a replacement product for the defective part; (b) credit you the current retail price of such product; or (c) provide for on-site repair or replacement of the defective part. Your Extended Service Plan covers damage that naturally and inevitably occurs as a result of normal wear and tear, and failure of the product(s) to function in its intended manner, as confirmed by Brinks Home, for Covered Devices installed or sold by Brinks Home or a Brinks Home authorized dealer or otherwise monitored by Brinks Home pursuant to a current and valid alarm monitoring agreement, during the term of the Extended Service Plan. Brinks Home, in its sole discretion, will determine whether the Covered Device will be repaired, replaced, or have its current retail value credited. Services may not be available on all equipment in all geographical locations, and additional charges, terms and conditions may apply in certain locations.  

7. What the Extended Service Plan Does Not Cover. The Extended Service Plan does not cover any damage or issues due to or caused by:

a. any products or devices not covered by a current alarm monitoring agreement with Brinks Home or otherwise connected to a Brinks Home monitoring station;

b. any products or devices purchased from a third party, other than a Brinks Home authorized dealer, after activation of this Extended Service Plan;

c. Transmission System communication issues including, but not limited to, Wi-Fi connectivity issues;

d. damage related to naturally occurring weather events (“acts of God”); 

e. costs associated with on-site visits outside of regular business hours (“emergency service”);

f. theft of devices;

g. repair needed due to abuse/misuse; 

h. changes in telephone service;

i. unauthorized removal or tampering of devices by non-Brinks Home personnel or unauthorized service providers;

j. vandalism;

k. construction, including remodeling and other repairs or maintenance to the premises;

l. cosmetic damage (e.g., scratches, dents, tears) that does not otherwise affect or impede functionality or materially impair use;

m. faulty installation, repair, or maintenance by anyone other than Brinks Home or a Brinks Home authorized representative;

n. damage caused by uses outside of the permitted or intended uses described by the manufacturer; 

o. damage caused by extreme environmental conditions (including extreme temperature or humidity); 

p. on-site labor and trip costs associated with replacement of lightbulbs; 

q. on-site labor costs and trip fees associated with any additional service performed during on-site visits for repairs not associated with Covered Devices;

r. replacement of any devices due to incompatibility.

8. Manufacturer’s Warranty or Installation Warranty. Your Extended Service Plan provides you with benefits that may supplement and/or be concurrent with a manufacturer’s warranty or installation warranty. If the service you request from Brinks Home is covered by a manufacturer’s warranty or installation warranty, Brinks Home, at its discretion, will either assist you in processing your service request under the applicable manufacturer’s warranty or installation warranty, or treat your service request as being covered under your Extended Service Plan.

9. End of Service Life. Brinks Home is committed to providing professional, around-the-clock alarm monitoring services. To ensure continued improvement and alignment with current and developing technologies, Brinks Home may periodically elect to discontinue providing maintenance services on specific products (“End of Service Life”). Reasons for discontinuing maintenance service vary but common scenarios include: (i) advancements within the industry that make the product or its components obsolete; (ii) the product has reached the end of its technology lifecycle; (iii) the product manufacturer no longer supports the device; and/or (iv) replacement components are no longer available. In most circumstances, Brinks Home will provide maintenance services through the later of (i) five (5) years from the initial purchase of the product if purchased directly from Brinks Home or a Brinks Home authorized dealer; and (ii) market release of two subsequent editions/generations. Your Extended Service Plan will continue to cover Covered Devices up through the End of Service Life of each Covered Device. Brinks Home has no obligation to provide maintenance services for any products after such products reach the End of Service Life. Contact Brinks Home by calling 469.391.4024 or by texting 469.513.8685 for possible upgrade/update options or offers related to any equipment that has reached its End of Service Life.  

10. Your Responsibilities. You agree to comply with each of the terms listed below:

a. Provide full cooperation with our customer service agents and authorized service providers;

b. Provide adequate access to your alarm system during normal business hours;

c. Provide a non-threatening and safe environment for servicing. Services may be denied if the environment is deemed unsafe or inaccessible at the sole discretion of Brinks Home;

d. Not mislead, defraud, or make any misrepresentation to customer service agents and authorized service providers of Brinks Home;

e. Not falsify any related documents or records.

11. How to Obtain Service Under Your Extended Service Plan. To obtain Services during the term of your Extended Service Plan, you must contact our contact center by calling 469.391.4024 or by texting 469.513.8685 to perform preliminary diagnosis of the condition of Covered Devices. No Services will be provided without a confirmed preliminary diagnosis. You will need to explain the condition of the Covered Device to enable Brinks Home to perform preliminary diagnosis. If Brinks Home determines that repair, replacement, or credit is required, you will be provided with a job number (if applicable), or have credit processed against your account. If on-site service is required, an on-site service call with be scheduled at the time of diagnosis.

12. Replacing your Device. If Brinks Home provides a replacement device, you may be required to return your original device to Brinks Home. If you have any questions about returning your original device, contact Brinks Home by calling 469.391.4024 or by texting 469.513.8685. You are responsible for any shipping costs incurred, and must return all components of the Covered Device. In the event that we do not receive your original device within thirty (30) days of sending or installing your replacement, you hereby agree that we have the right to charge you for the full purchase price of the replacement device and/or request that the shipped device be returned. Replacement parts may be new or reconditioned, at the sole discretion of Brinks Home.

13. Availability of Service. While Brinks Home tries to provide Services as quickly as possible, we are not responsible for delays caused by factors beyond our control including, but not limited to, manufacturer delays, parts availability, pandemics, shipping delays, Acts of God, or other external causes. Brinks Home may refuse to provide Services if, in its reasonable opinion, providing the Services would create an unreasonable risk or burden to Brinks Home or is beyond the scope of the Services. You acknowledge that Brinks Home may not be able to remedy your particular problem to your complete satisfaction.

14. Default. You will be in default and breach of these Terms if you: (i) fail to pay any fees or charges when due; (ii) use abusive, derogatory, insulting, threatening, harassing, vulgar or similarly unreasonable language or behavior directed at any of Brinks Home’s employees, representatives or contractors whether it be in person, over the phone, or in writing; or (iii) fail to perform other obligations set forth in these Terms. In the event of a default, Brinks Home may, upon notice to you, suspend or terminate the Services. You will remain responsible for all charges incurred prior to the effective date of the suspension or termination.

15. Limitation of Liability. You acknowledge and agree that, given the nature of the Services, the Services are provided “as-is” and Brinks Home makes no warranties regarding the Services or the results of the Services, whether express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Other than the obligations set forth expressly in these Terms, Brinks Home disclaims all warranties, express or implied, as to the Services provided hereunder. We shall not be responsible for any consequential, incidental, special, or punitive damages or losses, whether direct, or indirect. Our total liability shall under no circumstances exceed, in the aggregate, one hundred and fifty dollars ($150). 

These Terms give you specific legal rights and you may also have other rights, which vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. Disputes. The following dispute resolution procedure is available to you if you believe that we have not performed our obligations under this Extended Service Plan.

BINDING ARBITRATION/WAIVER OF JURY OR BENCH TRIAL/WAIVER OF CLASS ACTION/WAIVER OF PUNITIVE DAMAGES: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL OR BENCH TRIAL AND, INSTEAD, AGREE TO RESOLVE THROUGH BINDING ARBITRATION ALL CLAIMS, DISPUTES, OR LAWSUITS (COLLECTIVELY “CLAIMS”), REGARDLESS OF THEIR NATURE, ARISING OUT OF OR RELATED TO THIS EXTENDED SERVICE PLAN, THE SYSTEM OR ANY OTHER BUSINESS RELATIONSHIP BETWEEN THE PARTIES. THIS BINDING ARBITRATION IS MANDATORY, NOT PERMISSIVE. The parties agree that arbitration shall be conducted in accordance with the commercial rules of the Federal Arbitration Act (FAA). Arbitration or any related litigation will take place in the state and county where you reside, unless both parties agree to a different location. The arbitration shall be conducted by an attorney who is knowledgeable about the security industry. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER BY WAY OF A CLASS ACTION LAWSUIT, CLASS WIDE ARBITRATION OR PRIVATE ATTORNEY GENERAL ACTION. FURTHER, UNLESS BRINKS HOME AND YOU OTHERWISE AGREE IN WRITING, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. FURTHER, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU BOTH GIVE UP ANY RIGHT TO MAKE A CLAIM FOR PUNITIVE DAMAGES OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. The arbitration proceedings, including decisions and awards, shall be held in confidence by both parties.

17. Laws. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Texas, both as to interpretation and performance, without regard its conflict of laws or principles.

18. Entire Agreement. These Terms constitute the entire agreement between you and Brinks Home with respect to the services and benefits provided to you under your Extended Service Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression.  

Exhibit A

Covered Device Categories

• Alarm Panels

• Batteries

• Cameras (including doorbell cameras)

• Carbon Monoxide Detectors

• Cell Units

• Door Locks

• Door/Window Contacts

• Flood Sensors

• Garage Door Control Systems

• Glassbreak Detectors

• Heat Sensors

• Holdup Buttons

• Image Sensors

• Keyfobs/Pendants

• Keypads

• Light Modules

• Motion Detectors

• Sirens

• Smoke Detectors

• Temperature Sensors

• Thermostats

• Transformers

• Zone Expanders

1. Overview. These Brinks Home Plus Extended Service Plan (the “Extended Service Plan”) Terms (“Terms”) govern and describe the hardware maintenance services Brinks Home™ will provide to you for certainqualifying device(s) (“Covered Devices”). See Exhibit A for a list of Covered Devices. These Terms give you specific legal rights and you may also have other rights, which vary from state to state. References to “you” and “your” are references to the person(s) who are named as the home/business owner of the premises as identified on the alarm monitoring agreement to which these Terms relate. References to “we,” “our,” “us,” and “Brinks Home” refer to BH Security, LLC. dba Brinks Home and/or its employees or third party service providers, as the case may be.  

2. Eligibility for Extended Service Plan. You must be a current customer and up to date on all payments to Brinks Home to receive service under your Extended Service Plan. The Extended Service Plan does not extend to any subsequent owner or other transferee of the equipment or alarm monitoring services. Other eligibility requirements may apply. Please contact Brinks Home with eligibility questions.

3. When Your Extended Service Plan Begins and Ends. Your Extended Service Plan begins on the date you purchase the Extended Service Plan (a) in conjunction with an alarm monitoring agreement, or (b) on a standalone basis as a current alarm monitoring customer of Brinks Home. This Extended Service Plan supersedes and replaces any prior service or maintenance plan you may have from Brinks Home. The initial term of your Extended Service Plan shall be twelve (12) months (the “Initial Term”) and thereafter automatically renew yearly. You authorize Brinks Home to charge the payment method you authorized in conjunction with your alarm monitoring services, as may be updated by you from time to time, until your Extended Service Plan is terminated or cancelled. After the Initial Term, you many cancel your Extended Service Plan by calling Brinks Home. Your Extended Service Plan will end on the last day of that billing cycle. Extended Service Plan fees and payments are non‐refundable.

Brinks Home reserves the right to terminate your Extended Service Plan if you are no longer a customer in good standing with Brinks Home, due to non‐payment or failure to comply with your obligations set forth Section 9 below. Brinks Home may change the availability, terms, trip fees and/or monthly price of this Extended Service Plan at its discretion (and where allowed by law). Any such changes will not apply to service visits under your Extended Service Plan to the extent those service visits were scheduled prior to the changes taking effect.

4. Service Fees. You will pay the monthly fee quoted to you at the time of enrollment during the Initial Term. Upon any renewal, the monthly price of your Extended Service Plan may be adjusted to the then‐current monthly price offered by Brinks Home. You will be required to pay a $75 trip fee for each service request you make under your Extended Service Plan that requires on‐site diagnostics. This trip fee covers the cost of the initial on‐site diagnosis and testing in order to determine what repair/replacement may be needed, as well as the additional time the technician is on‐site performing repairs/replacements. Service outside of regular business hours will be charged at a higher rate. Regular business hours are Monday through Friday, 8:00 a.m. to 5 p.m., excluding holidays. All charges are due and payable upon completion of the service call. Your monthly Extended Service Plan fee is based on the total retail value of all Covered Devices and is subject to change in the event you add additional Covered Devices.

5. What the Extended Service Plan Covers. During the term of your Extended Service Plan, with respect to any Covered Device that is deemed inoperable by Brinks Home due to normal wear and tear or product malfunction, Brinks Home will, in its sole discretion: (a) ship a replacement product for the defective part; (b) credit you the current retail price of such product; or (c) provide for on‐site repair or replacement of the defective part. Your Extended Service Plan covers damage that naturally and inevitably occurs as a result of aging (e.g., normal wear and tear), and failure of the product(s) to function in its intended manner, as confirmed by Brinks Home, for Covered Devices installed or sold by Brinks Home or a Brinks Home authorized dealer or otherwise monitored by Brinks Home pursuant to a current and valid alarm monitoring agreement, during the term of the Extended Service Plan. In the event that a Covered Device has been discontinued by a product manufacturer, or cannot be obtained, a like device or credit of current retail value of the device may be offered. Brinks Home, in its sole discretion, will determine whether the Covered Device will be repaired, replaced, or have its current retail value credited.  

6. What the Extended Service Plan Does Not Cover. The Extended Service Plan does not cover any damage or issues due to or caused by:

a. any products or devices not covered by a current alarm monitoring agreement with Brinks Home or otherwise connected to a Brinks Home monitoring station;

b. any products or devices purchased from a third party, other than a Brinks Home authorized dealer, after activation of this Extended Service Plan;

c. Wi‐Fi connectivity issues;

d. damage related to naturally occurring weather events (“acts of God”); 

e. costs associated with on‐site visits outside of regular business  hours (“emergency service”);

f. theft of devices;

g. repair needed due to abuse/misuse; 

h. changes in telephone service;

i. unauthorized tampering of devices by non‐Brinks Home personnel or unauthorized service providers;

j. vandalism;

k. construction, including remodeling and other repairs or maintenance to the premises;

l. cosmetic damage (e.g., scratches, dents, tears) that does not otherwise affect or impede functionality or materially impair use;

m. faulty installation, repair, or maintenance by anyone other than Brinks Home or a Brinks Home authorized representative;

n. damage caused by uses outside of the permitted or intended uses described by the manufacturer; 

o. damage caused by extreme environmental conditions (including extreme temperature or humidity); 

p. on‐site labor and trip costs associated with replacement of lightbulbs; 

q. any additional service performed during on‐site visits for repairs not associated with Covered Devices;

r. replacement of any devices due to incompatibility.

7. Manufacturer’s Warranty or Installation Warranty. Your Extended Service Plan provides you with benefits that may supplement and/or be concurrent with a manufacturer’s warranty or installation warranty. If the service you request from Brinks Home is covered by a manufacturer’s warranty or installation warranty, Brinks Home, at its discretion, will either assist you in processing your service request under the applicable manufacturer’s warranty or installation warranty, or treat your service request as being covered under your Extended Service Plan.

8. End of Service Life. Brinks Home is committed to providing professional, around‐the‐clock alarm monitoring services. To ensure continued improvement and alignment with current and developing technologies, Brinks Home may periodically elect to discontinue providing maintenance services on specific products (“End of Service Life”). Reasons for discontinuing maintenance service vary but common scenarios include: (i) advancements within the industry that make the product or its components obsolete; (ii) the product has reached the end of its technology lifecycle; (iii) the product manufacturer no longer supports the device and/or replacement components are no longer available. In most circumstances, Brinks Home will provide maintenance servicesthrough the later of (i) five (5) yearsfrom the initial purchase of the product if purchased directly from Brinks Home or a Brinks Home authorized dealer; and (ii) market release of two subsequent editions/generations. Your Extended Service Plan will continue to cover Covered Devices up through the End of Service Life of each Covered Device. Brinks Home has no obligation to provide maintenance servicesfor any products after such products reach the End of Service Life. Contact Brinks Home by calling 469.391.4024 or by texting 469.513.8685 for possible upgrade/update options or offers related to any equipment that has reached its End of Service Life.  

9. Your Responsibilities. You agree to comply with each of the terms listed below:

a. Provide full cooperation with our customer service agents and authorized service providers;

b. Provide adequate access to your alarm system during normal business hours;

c. Provide a non‐threatening and safe environment for servicing. Service may be denied if the environment is deemed unsafe or inaccessible at the sole discretion of Brinks Home;

d. Not mislead, defraud, or make any misrepresentation to our customer service agents and authorized service providers;

e. Not falsify any related documents or records.

10. How to Obtain Service Under Your Extended Service Plan. To obtain service during the term of your Extended Service Plan, you must contact our contact center by calling 469.391.4024 or by texting 469.513.8685 to perform preliminary diagnosis of the condition of Covered Devices. No service will be provided without a confirmed preliminary diagnosis. You will need to explain the condition of the Covered Device to enable Brinks Home to perform preliminary diagnosis. If Brinks Home determines that repair, replacement, or credit is required, you will be provided with a job number (if applicable), or have credit processed against your account. If on‐site service is required, an on‐site service call with be scheduled with contact center at time of diagnosis.  

11. Replacing your Device. If Brinks Home provides a replacement device, you may be required to return your original device to Brinks Home. You are responsible for any shipping costs incurred, and must return all components of the Covered Device. In the event that we do not receive your original device within thirty (30) days of sending or installing your replacement, you hereby agree that we have the right to charge you for the full purchase price of the replacement device and/or request that the shipped device be returned. Replacement parts may be new or reconditioned, at the sole discretion of Brinks Home.

Mail Returned Devices To: Brinks Home, Attn: Parts Return, 616 W. Bertrand Ave, St. Marys, KS 66536

12. Availability of Service. While Brinks Home tries to complete service as quickly as possible, we are not responsible for delays caused by factors beyond our control including, but not limited to, manufacturer delays, parts availability, pandemics, shipping delays, Acts of God, or other external causes.

13. Limitation of Liability. Other than the obligations set forth expressly in these Terms, we disclaim all warranties, express or implied. We shall not be responsible for any consequential, incidental, special, or punitive damages or losses, whether direct, or indirect. Our total liability shall under no circumstances exceed, in the aggregate, one hundred and fifty dollars ($150).  

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14. Disputes. The following dispute resolution procedure is available to you if you believe that we have not performed our obligations under this Extended Service Plan.

BINDING ARBITRATION/WAIVER OF JURY OR BENCH TRIAL/WAIVER OF CLASS ACTION/WAIVER OF PUNITIVE DAMAGES: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL OR BENCH TRIAL AND, INSTEAD, AGREE TO RESOLVE THROUGH BINDING ARBITRATION ALL CLAIMS, DISPUTES, OR LAWSUITS (COLLECTIVELY “CLAIMS”), REGARDLESS OF THEIR NATURE, ARISING OUT OF OR RELATED TO THIS EXTENDED SERVICE PLAN, THE SYSTEM OR ANY OTHER BUSINESS RELATIONSHIP BETWEEN THE PARTIES. THIS BINDING ARBITRATION IS MANDATORY, NOT PERMISSIVE. The parties agree that arbitration shall be conducted in accordance with the commercial rules of the Federal Arbitration Act (FAA). Arbitration or any related litigation will take place in the state and county where you reside, unless both parties agree to a different location. The arbitration shall be conducted by an attorney who is knowledgeable about the security industry. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER BY WAY OF A CLASS ACTION LAWSUIT, CLASS WIDE ARBITRATION OR PRIVATE ATTORNEY GENERAL ACTION. FURTHER, UNLESS BRINKS HOME AND YOU OTHERWISE AGREE IN WRITING, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. FURTHER, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU BOTH GIVE UP ANY RIGHT TO MAKE A CLAIM FOR PUNITIVE DAMAGES OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. The arbitration proceedings, including decisions and awards, shall be held in confidence by both parties.

15. Laws. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Texas, both as to interpretation and performance, without regard its conflict of laws or principles.

16. Entire Agreement. These Terms constitute the entire agreement between you and Brinks Home with respect to the services and benefits provided to you under your Extended Service Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression.  

Exhibit A

To qualify, devices must be functioning properly at time of activation. Any device added by the customer after activation would not be covered under this Extended Service Plan. In addition, coverage is limited to devices that fall into the device categories listed below from manufacturers authorized by Brinks Home. Due to ongoing developments in technology, Brinks Home may elect to adjust covered device categories and manufactures to accurately reflect coverage of then‐current device categories and manufacturers.

Covered Device Categories

• Alarm Panels

• Batteries

• Cameras (including doorbell cameras)

• Carbon Monoxide Detectors

• Cell Units

• Door Locks

• Door/Window Contacts

• Flood Sensors

• Garage Door Control Systems

• Glassbreak Detectors

• Heat Sensors

• Holdup Buttons

• Image Sensors

• Keyfobs/Pendants

• Keypads

• Light Modules

• Motion Detectors

• Sirens

• Smoke Detectors

• Temperature Sensors

• Thermostats

• Transformers

• Zone Expanders

Brinks Home Plus (Prior to October 25, 2022) Limited Warranty on Home Automation Products

This limited warranty gives you specific legal rights. and you may also have other rights. which vary from state to state.

The limited warranty can also be found online at www.brinkshome.com/terms-conditions, and will be emailed to you at the email address specified upon acceptance of terms and conditions.

Throughout the term of active warranty enrollment, the company will provide on-site repairs/replacements, shipped replacements. or credits for qualifying devices† (see exhibit A) that are deemed inoperable by Brinks Home™ , due to normal wear and tear, and product malfunctions. Shipped replacements will be covered at no charge to you. You are responsible to pay a service charge for application of the warranty in the event it requires on-site repair/replacement of a covered device, to be charged at our then-current service fee. All charges for on-site repair/replacement service are due and payable upon completion of the service call.

We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose to the time period for which a consumer has an active subscription to 24 Hour Monitoring services provided by Brinks Home™ , in addition to an active subscription to the Home Automation Warranty.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Our responsibility for defective goods is limited to repair, replacement, or credit as described below in this warranty statement.

Who may use this warranty?

Brinks Home™, located at 1990 Wittington Place, Dallas, TX 75234, (“we”) extend this limited warranty only to the consumer who originally purchased the product installed or sold by Brinks Home™, or an authorized Brinks Home™ dealer. It does not extend to any subsequent owner or other transferee of the product.

What does the warranty cover?

The limited warranty covers damage that naturally and inevitably occurs as a result of aging (“normal wear and tear”), and failure of the product(s) to function in a normal or satisfactory manner (“product malfunction”), as confirmed by Brinks Home™, for qualifying devices† installed and/or sold by Brinks Home™ or an authorized Brinks Home™ dealer, for the warranty period as defined below. In the event that a qualifying device† has been discontinued by a product manufacturer, or cannot be obtained, a like device or credit of retail value of the device may be offered. Brinks Home™ . in its sole discretion, will determine whether the product will be repaired, replaced, or have its retail value credited.

What does the warranty NOT cover

This limited warranty does not cover any damage or issues due to: (a) WiFi connectivity issues; (b) damage related to naturally occurring weather events (“acts of God”); (c) costs associated with on-site visits outside of normal technician hours (“emergency service”); (d) theft of devices; (e) repair needed due to abuse/misuse; (f) battery replacement; (g) changes in telephone service; (h) unauthorized tampering of devices by non-BRINKS HOME™ personnel; (i) vandalism G) on-site labor and trip costs associated with replacement of lightbulbs (kl any additional service performed during on-site visits for repairs not associated with covered Home Automation devices. This warranty does not cover replacement of any alarm system components or Home Automation devices due to incompatibility.

What is the period of coverage?

This warranty starts immediately upon enrollment, and lasts for a minimum of 12 months, renewing on a monthly basis, until the consumer elects to unsubscribe from the warranty and/or until the consumer cancels their 24 Hour Monitoring subscription with BRINKS HOME™. A consumer subscribing to the warranty may elect to cancel the warranty within the initial 12 month enrollment period only if the warranty has not been used. This warranty may also be terminated due to nonpayment. Brinks Home™ may change the availability of this limited warranty at its discretion, but any changes will not be retroactive. You may cancel this warranty by calling Brinks Home™ at least thirty (30) days before the end of the then current term. If cancelled, this warranty ends on the last day of the then-current term.

What are your remedies under this warranty?

With respect to any defective product during which time the warranty is active. we will. in our sole discretion: (a) ship a replacement product for the defective part free of charge, (b) credit the retail price of such product, or (c) provide for on-site repair/replacement of defective part at our then- current service fee.

How do you obtain warranty service?

To obtain warranty service, you must call or text our contact center at (call) 469.391.4024, or (text) 469.513.8685, during the active warranty enrollment period to diagnose the condition of qualifying devices†. No warranty service will be provided without a confirmed diagnosis.

A. Call or text our contact center (call) 469.391.4024/ (text) 469.513.8685

B. Explain condition of qualifying deceive†, and receive diagnosis on qualifying device†

C. You must be enrolled in this warranty

D. If diagnosis is repair, replace, or credit, receive job number (if applicable), or have credit processed against your account

E. If on-site service is required, schedule with contact center at time of diagnosis

Replacing your Device

If we provide a replacement device, you may be required to return your original device to us. You are responsible for any shipping costs incurred, and must send all components of the covered device. ln the event that we do not receive your original device within 30 days of sending or installing your replacement, you hereby agree that we have the right to charge you for the full purchase price of the replacement device and/or request that the shipped device be returned. Replacement parts may be new or reconditioned, at the sole discretion of Brinks Home™.

Mail Returned Devices To: Brinks Home™ Attn: Parts Return 616 W. Bertrand Ave St. Marys, KS 66536

Limitation of Liability

The remedies described above are your sole and exclusive remedies, and our entire liability for any breach of this limited warranty. Our liability shall under no circumstances exceed the actual amount paid by you for the defective product, nor shall we under any circumstances be liable for any consequential, incidental, special. or punitive damages or losses, whether direct, or indirect.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

What can you do in case of a dispute with us?

The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty.

BINDING ARBITRATION/WAIVER OF JURY OR BENCH TRIAL/WAIVER OF CLASS ACTION/WAIVER OF PUNITIVE DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINKS HOME AND YOU BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL OR BENCH TRIAL AND. INSTEAD. AGREE TO RESOLVE THROUGH BINDING ARBITRATION All CLAIMS, DISPUTES, OR LAWSUITS (COLLECTIVELY “CLAIMS”), REGARDLESS OF THEIR NATURE, ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY THE SYSTEM OR ANY OTHER BUSINESS RELATIONSHIP BETWEEN THE PARTIES. THIS BINDING ARBITRATION IS MANDATORY, NOT PERMISSIVE. The parties agree that arbitration shall be conducted in accordance with the commercial rules of the Federal Arbitration Act (FAA). Arbitration or any related litigation will take place in the state and county where you reside, unless both parties agree to a different location. The arbitration shall be conducted by an attorney who is knowledgeable about the security industry. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BRINKS HOME AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER BY WAY OF A CLASS ACTION LAWSUIT, CLASS WIDE ARBITRATION OR PRIVATE ATTORNEY GENERAL ACTION. FURTHER. UNLESS BRINKS HOME AND YOU OTHERWISE AGREE IN WRITING, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. FURTHER, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BRINKS HOME AND YOU BOTH GIVE UP ANY RIGHT TO MAKE A CLAIM FOR PUNITIVE DAMAGES OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. The arbitration proceedings, including decisions and awards, shall be held in confidence by both parties.

You must use this informal procedure before pursuing any legal remedy in courts.

Exhibit A

To qualify, devices must have been installed or sold by Brinks Home™ or a Brinks Home™ Authorized Dealer. In addition, coverage is limited to devices that fall into both of the following device category and manufacturer groups. Due to ongoing developments in technology, we may elect to adjust qualifying device categories and manufactures to accurately reflect coverage of then-current device categories and manufacturers.

Qualifying Device Categories:

• Door locks

• Cameras (including doorbell cameras)

• Light Modules

• Thermostats

• Garage Door Control Systems

• Image Sensors

Qualifying Device Manufacturers:

• 2GIG

• Alarm.com

• August Home

• Google Honeywell lnterlogix

• Kwikset

• LiftMaster Linear

• Lux

• Nest

• Schlage

• Skybell

• Yale