Terms and Conditions
DRAGONFLY SECURITY SYSTEM™ TERMS AND CONDITIONS
PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
END USER LICENSE AGREEMENT
This End User License Agreement of RSI Video Technologies Incorporated (“RSI” or “Company”) includes:
- A license to software that governs the use of the software by you;
- The terms of service; and
- Strict limits on our financial and other liability related to any losses you may incur arising out of your use of the system and services
This End User License Agreement ("EULA" or "Agreement") governs the use of certain DragonFly Security System products, software and services delivered to you (collectively referred to as the “System”) or for which have registered via certain Sites ("you" or "your") on the one hand and RSI and its corporate affiliates (collectively, "Company", "we," "us") on the other hand (each of Company and you may be referred to herein as a "Party" or, collectively, "Parties"). The "Sites" means the website dragonflysecurity.com and such other mobile applications, websites, domains and sub-domains and services, however accessed and/or used, whether via personal computers, mobile devices or otherwise, as well as mobile applications, interactive features and downloads that the Company owns, operates, and makes available through its websites and mobile applications.
This EULA will continue for so long as you continue to use the System and Services and to otherwise make any required System service payments. RSI may terminate this EULA at any time, if you fail to comply with any of the terms hereof, and your Services may be terminated, if you fail to pay any required services payments. If RSI ceases to provide Services to you due to your failure to pay your service provider any service fees, RSI will have no liability to you and you must look to your service provider for any payment returns or refunds. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the System. You agree that RSI will not be liable to you or to any third party for any modification, suspension or discontinuance of the System.
License Grant and Use Restrictions
The System includes software owned by RSI and software licensed to RSI, and is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. The System is licensed to you, not sold. Subject to the terms of this EULA, RSI grants you a limited, non-exclusive, non-transferable license (without the right to sublicense except as set forth below) to use the System, and its related RSI Software, solely for your personal use with your home or business in the continental United States and Canada. The foregoing license includes the right to install the RSI Software on your personal computer and/or mobile device and to use the RSI Software in conjunction with your licensed use of the System. Unregistered use, reproduction and distribution of the System is not permitted by RSI and is in violation of U.S. and international copyright laws and is subject to civil and criminal penalties. You are specifically prohibited from making or distributing any copies of the System. All rights of any kind in the System and all other rights of RSI, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by RSI (including the software object code and source code). You may not rent, lease, copy, modify, or translate the System, or create derivative works based on the System. You may not alter or remove any of RSI’s copyright or proprietary rights notices or legends appearing on or in the System. You may not reverse engineer, decompile, and attempt to derive the source code of, or disassemble the System. Except as expressly set forth herein, you may not make access to the System available to any third party, nor are you authorized to make the output generated by or the results of any performance or functional evaluation of the System available to any third parties.
You may not use the System in any way that violates applicable law.
The System is intended for use by individuals aged eighteen (18) years and older. If you are under the age of eighteen (18), you are prohibited from using the System.
Complaints or claims with respect to the System should be directed to RSI at the following address: email@example.com.
Apple Device Disclaimer
This Section applies to you only if you use the System on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to you if you do not use the System on an Apple Device. The parties acknowledge that this EULA is concluded solely between RSI and you, and not with Apple, and Apple is not responsible for the System and the content thereof. Any support that may be offered by RSI in connection with the System is solely the responsibility of RSI and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the System. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the System. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the System. The parties acknowledge that Apple is not responsible for addressing product claims, including any claims of any end-user or any third party relating to the System or the end-user’s possession and/or use of that System, including, but not limited to: (i) product liability claims; (ii) any claim that the System fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the System or your possession and use of that System infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Complaints or claims with respect to the System should be directed to RSI at the following address: firstname.lastname@example.org. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Acceptance of Terms
Your (i) access to and use of any of the Sites, or registration thereon, (ii) registration of your DragonFly Security System hardware ("Product(s)"); and/or (iii) signing up for your Product warranty is expressly conditioned on your acceptance in their entirety, without modification, of this EULA (including all documents referenced to this EULA), including, without limitation, the website user terms (the “WUT”), and the Privacy Statement, which are collectively referred to as the "Product Use Terms", and by doing any or all of (i) through (iii) above, you expressly agree to follow, be bound by and adhere to the Product Use Terms in their entirety.
IF YOU DO NOT AGREE TO THE PRODUCT USE/SITE ACCESS TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITES, REGISTER ON ANY OF THE SITES OR TO REGISTER YOUR PRODUCT IN ANY MANNER OR FORM WHATSOEVER.
In the event that any of the terms, conditions, and notices contained herein conflict with other terms and guidelines contained within any particular section of the Sites or with any terms included with any Product or service purchased from us, then this EULA shall control, unless expressly stated.
Account, Password, and Security
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update such information. You must create a username and password to access the System. If you are provided with a temporary username and password you must modify the temporary credentials and create your own username and password. You are responsible for maintaining the confidentiality of your password and account and you are fully responsible for all activities that occur under your password, account or any subaccount, including, without limitation, any use by Followers of your account. You agree to (a) immediately change your password in the event of any breach of security, (b) notify your central station if you have experienced a breach of security, and (c) ensure that you exit from your account at the end of each session. You agree that the terms of this EULA will be binding upon and govern the relationship between RSI and any third party to whom you grant access to your account or permit to maintain a subaccount. You further agree to take any and all action necessary to ensure compliance with, and enforce the terms of, this EULA, and to indemnify RSI for any and all costs, damages, losses or expenses incurred in respect of such third party user. RSI will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that you have the option to add additional parties (Users and Followers) to your account and such parties will have full or partial access to the System, according to your selections, including, but not limited to, the ability to view and change your daily schedule and/or security or home automation settings and programming. You further acknowledge and agree that RSI has no responsibility to you with respect to the actions of such parties. Further, you acknowledge and agree that you have the option to include your dealer’s information in your account information and such party may receive alerts from the System regarding your home along with certain personally-identifiable information in order to be able to identify the source of the alert. Your dealer may contact you in the event it receives such alerts. You acknowledge and agree that RSI has no responsibility with respect to any actions or inactions on the part of such party.
You acknowledge and agree that RSI and its affiliates, service providers, suppliers, and dealers are permitted at any time and without prior notice, to remotely push software and firmware updates, enhancements, changes, modifications, additional functionality or bug fixes to the System. You hereby consent to the foregoing and release RSI and its affiliates, service providers, suppliers, and dealers from any and all liability arising from such action.
If you are dissatisfied with your purchase for any reason, you may return it to RSI within 30 days of the purchase date. Visit support.dragonflysecurity.com for instructions. Shipping and handling fees will be refunded to you after the return is processed. Once we receive and inspect your item(s), we will credit your account. Please allow 30 days for a credit to appear on your account.
One (1) Year Limited Warranty on Hardware
Please register for the Warranty online at dragonflysecurity.com to obtain more efficient warranty service. The Products (defined above as the Security System hardware) are covered by a limited warranty against material defects in materials and workmanship for a period of one (1) year from the date of purchase ("Warranty Period") by the original end user purchaser who registers the Products (the "Warranty"). Except where prohibited by applicable law, the Warranty is nontransferable and is limited to the original purchaser. The Warranty gives you specific legal rights, and you may also have other rights that vary under local laws. The Company reserves the right to clarify, amend, restate or otherwise modify the terms of both the Warranty and the EULA as well as the other Product Use Terms. In the event that there is a conflict related to the terms of the warranty as described in this EULA and the One-Year Warranty Card, the terms of this EULA shall control.
The Warranty does not cover issues or damage resulting from: (1) failure to follow instructions relating to the Product's use or the installation of components set forth on support.dragonflysecurity.com (2) damage caused by abuse, accident, misuse, transport, fire, floods, earthquakes, neglect, or other external causes; (3) use or storage outdoors (other than the Outdoor Motion View or cameras) or in conditions other than typical indoor dwelling conditions or in conditions where ambient temperature or humidity is not maintained within the recommended operating range; (4) unauthorized accessories used in conjunction with a Product; (5) a Product or part that has been modified to alter functionality or capability; (6) items intended to be periodically replaced by the purchaser during the life of the Product, including, but not limited to, batteries, radio frequency, or cables; (7) other causes that are not defects in material and workmanship except where such restriction is prohibited by applicable law; in each case, as determined in the Company's sole discretion.
Software distributed by the Company with the Products, as defined above, (including, but not limited to, the software that interacts with or that is pre-installed in the Product) is not covered under this Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use. You agree to use the software distributed by the Company only as intended by the Company to support the operation of the Product it was distributed with.
This Warranty additionally does not cover Products marked as "sample" or used product which has been resold.
Remedies Under Warranty
If you submit a valid claim within the Warranty Period, the Company will, at its sole discretion either (1) repair the defect at no charge, using new or refurbished parts, or (2) replace the Product with a new Product that is substantially functionally equivalent to the original. Any replacement Product or part will be warranted for the remainder of the original Warranty Period or for any additional period of time that may be applicable in your jurisdiction. Unless prohibited by law, you will be responsible for the Company's costs of processing your Warranty claim and returning your Product(s) to you if you submit a Warranty claim for Product(s) that are not defective.
Service and Technical Support Under Warranty
Visit support.dragonflysecurity.com to obtain technical assistance. To obtain Warranty service you must speak with a Company service agent or open a service request through our website at support.dragonflysecurity.com. Be prepared to describe the problem you are experiencing with the Product in detail so that we may best assist you. In the event that your Product must be returned via mail, or shipped in any way, the Product must be insured during shipping, and securely packaged. Shipping and handling fees will be refunded to you. The addresses and customer service contact information for DragonFly Security System can be found on the Company’s web site at: support.dragonflysecurity.com. Any claim under this Warranty must be submitted to the Company before the end of the Warranty Period.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, WARRANTIES OF WORKMANLIKE EFFORT, WARRANTIES AS TO TITLE AND WARRANTIES OF NON-INFRINGEMENT. ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PRODUCT IS LIMITED IN DURATION TO THE ONE YEAR LIMITED WARRANTY PERIOD ABOVE. IF THE COMPANY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES, INCLUDING ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PRODUCTS, SHALL BE LIMITED IN DURATION TO THE ONE YEAR LIMITED WARRANTY PERIOD.
No Other Warranties
No Company dealer, agent, or employee is authorized to make any modification, extension, or addition to the Warranty or the EULA, and any such modifications, extensions, or additions are the sole responsibility of the third party making such changes.
Consumers in some jurisdictions may have legal rights under applicable national or state legislation governing the sale of consumer goods or the types of services covered by this EULA. These rights are not affected by the Warranty or any contrary provisions of this EULA.
USE OF THE SYSTEM IS AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, TORT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, REVENUE OR DATA (WHETHER DIRECT OR INDIRECT), COMMERCIAL LOSS FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHER LOSS BASED ON A CLAIM RELATED TO THE PRODUCT. UNDER NO CIRCUMSTANCES WILL RSI BE HELD LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SYSTEM, ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF CAUSE OR FORM OF ACTION ASSERTED BY YOU, WHETHER IN CONTACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, OR FORESEEABLE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES DESCRIBED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, EXPRESS, STATUTORY OR IMPLIED.THIS SECTION SHALL NOT RELIEVE FROM LIABILITY FOR DAMAGES THAT RESULT FROM ANY GROSS NEGLIGENCE OR WILLFUL OR TORTIOUS ACT OF THE COMPANY.
RSI WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSS BASED ON A CLAIM THAT THE SYSTEM FAILED TO GIVE WARNING OR ALERT OF ANY TYPE AND YOU HEREBY RELEASE RSI FROM ALL LIABILITY RESULTING THEREFROM. RSI AND ANY THIRD PARTY SERVICE PROVIDERS HAVE NO LIABILITY FOR THE CHOICE OF ALARM DEVICES OR OTHER PRODUCTS INSTALLED AT YOUR PREMISES, THEIR INSTALLATION AND CONNECTION, OR OPERATION OF YOUR CENTRAL STATION OR DEALER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RSI DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SYSTEM; AND (2) THE USE OF OR INABILITY TO USE THE SYSTEM; AND (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (4) BREACHES OF SECURITY; AND (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; AND (6) ANY OTHER FAILURE TO PERFORM BY RSI; AND (7) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE TO PROPERTY.
IN THE EVENT YOU (1) UTILIZE A NON-RSI APPLICATION TO CONTROL YOUR RSI PRODUCT; (2) CONNECT A NON-RSI DEVICE TO YOUR SYSTEM; (3) UTILIZE A THIRD PARTY API; OR (4) BECOME PART OF A THIRD PARTY CONNECTED HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RSI BE RESPONSIBLE FOR THE ACCURACY, FUNCTIONALITY, RELIABILITY, AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION, DEVICE, API, OR ECOSYSTEM, NOR WILL RSI BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD PARTY APPLICATION, DEVICE, API, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE.
YOU ACKNOWLEDGE THAT THE PRODUCT IS A DO-IT-YOURSELF INSTALLATION AND THE COMPANY HAS NO WAY TO VERIFY THAT THE PRODUCT WAS PROPERLY INSTALLED PRIOR TO ANY INCIDENT.
IN THE EVENT THAT YOU CHOOSE TO SELF-MONITOR YOUR PRODUCT OR FORGO MONITORING OF ANY KIND, YOU AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES CAUSED BY YOUR FAILURE TO MONITOR YOUR PRODUCT. ONCE YOU CHOOSE TO HIRE A MONITORING SERVICE, YOU AGREE TO BE BOUND BY ALL PROVISIONS OF YOUR CONTRACT WITH THAT SERVICE PROVIDER.
IF RSI SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), ITS TOTAL MAXIMUM LIABILITY IS LIMITED TO $1000.00 WHICH WILL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST RSI. IN ADDITION, IN NO EVENT WILL RSI OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIALDAMAGES WHATSOEVER RELATING TO THE USE OF THE SYSTEM OR ANY COMPONENT THEREOF OR TO YOUR RELATIONSHIP WITH RSI, EVEN IF RSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU OR ANY OTHER PERSON MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST THE COMPANY OR ANY OF ITS SUBCONTRACTORS IN ANY WAY RELATED TO THE PRODUCT OR SERVICES PURCHASED BY YOU FROM THE COMPANY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS SUBCONTRACTORS HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST THE COMPANY AND REGARDLESS WHETHER THE COMPANY HAS BEEN FOUND LIABLE OR WHETHER THE COMPANY HAS INCURRED ANY EXPENSE. WITHOUT LIMITATION, THIS OBLIGATION INCLUDES AN OBLIGATION FOR YOU TO INDEMNIFY THE COMPANY FOR CLAIMS FROM A THIRD PARTY SERVICE PROVIDER YOU MAY SELECT TO MONITOR ANY PRODUCTS OR THAT YOU MAY ELECT TO USE IN CONNECTION WITH OR IN CONJUNCTION WITH YOUR USE OF ANY PRODUCTS OR SERVICES OF THE COMPANY.
THERE IS NO GUARANTEE THAT THE SYSTEM WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT IT WILL NOT BE COMPROMISED OR CIRCUMVENTED BEFORE IT COMMUNICATES WITH ANY CENTRAL STATION (IF YOUR SECURITY SYSTEM IS CONNECTED TO ONE), OR THAT IT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS CAUSED BY BURGLARY, ROBBERY, FIRE, EXCESSIVE HEAT, COLD OR HUMIDITY OR OTHERWISE.
FURTHER, THERE IS NO GUARANTEE THAT THE SYSTEM OR YOUR MOBILE DEVICE OR COMPUTER WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR TO YOU OR YOUR CONTRACTOR, DEALER OR CENTRAL STATION REGARDING THE SYSTEM SERVICES YOU HAVE SUBSCRIBED TO, INCLUDING, BUT NOT LIMITED TO, SIGNALS REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR SECURITY SYSTEM OR HVAC SYSTEM. YOU ACKNOWLEDGE THAT HAVING A SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL NOT HAVE A BURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE POLICY. YOU ACKNOWLEDGE THAT THE AVAILABILITY OF THE SYSTEM SERVICES IS DEPENDENT ON YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, YOUR INTERNET SERVICE PROVIDER, YOUR SATELLITE PROVIDER IN THE CASE OF GEOLOCATION SERVICES, AND YOUR MOBILE DEVICE CARRIER, AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL FEES ASSOCIATED WITH SUCH USE AND FOR COMPLIANCE WITH ANY AGREEMENTS RELATED TO SUCH USE.
YOU FURTHER ACKNOWLEDGE THAT RSI AND ANY NETWORK SERVICE PROVIDERS CANNOT GUARANTEE THE SECURITY OF ANY WIRELESS TRANSMISSION AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF ANY SERVICE.
RSI MAKES NO GUARANTEE THAT THE SYSTEM WILL BE COMPATIBLE WITH ALL COMPUTERS OR HANDHELD DEVICES.YOU SHOULD FIRST TEST THOSE DEVICES AT HOME FOR COMPATIBILITY BEFORE USING THEM AWAY FROM HOME.
No Use With Industrial or Medical Equipment
THE PRODUCT IS NOT INTENDED FOR CONTROL, WHETHER DIRECT OR INDIRECT, OF OR USE WITH INDUSTRIAL, COMMERCIAL OR MEDICAL EQUIPMENT OF ANY TYPE. THIS WARRANTY WILL NOT APPLY IF THE PRODUCT IS USED IN SUCH A MANNER. ANY SUCH USE IS ENTIRELY AT THE USER'S DISCRETION AND RISK. ANY SUCH USER WILL BE SOLELY RESPONSIBLE FOR (AND THE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM SUCH USE.
You understand that the Product is not connected to the electrical system of your premises and requires batteries to operate. THE PRODUCT WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIES ARE LOW OR DEAD. It is your sole responsibility to maintain and replace the Product's batteries. The Company recommends that you regularly inspect the sensors for dirt and dust and test the sensors frequently to help maintain continued operation. The Company also recommends that you carefully read and follow the Product Guide located at dragonflysecurity.com, along with any instructions and warnings for all Products.
YOU AGREE THAT THE COMPANY IS NOT AN INSURER AND THAT THE COMPANY IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. THE MONTHLY AMOUNTS YOU MAY OR MAY NOT PAY TO YOUR MONITORING COMPANY OR SERVICE PROVIDER/DEALER ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE'S PROPERTY LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS AT OR OF YOUR PREMISES. INSTEAD, THE AMOUNTS CHARGED TO YOU FOR MONITORING SERVICES ARE BASED SOLELY UPON THE VALUE OF SERVICES PROVIDED AND UPON THE LIMITED LIABILITY THE COMPANY ASSUMES UNDER THIS EULA. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU ACKNOWLEDGE THAT YOU WILL HAVE TO PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO THE COMPANY TO COMPENSATE YOU OR ANYONE ELSE. BY USING THE PRODUCT, YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST THE COMPANY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
Fees and Charges
You agree to pay all construction/alarm use permit fees, all directly or indirectly imposed false alarm fines, fees or charges, all telephone or signal transmission company charges, and all other assessments, fees and charges related to the alarm system.
Product Safety, Handling, Disposal, and Recycling
The dragonflysecurity.com Product Guide ("Guide") contains important instructions for using your Product. You agree to review the Guide in its entirety and to follow the instructions contained therein.
Product Use Provisions
The Product Use Terms apply. Without limitation, the provisions of the Website User Terms apply to you and your use of our Products and Services under this EULA.
The failure of the Company to enforce at any time any of the provisions of this EULA will not be construed to be a continuing waiver of any provisions hereunder nor will any such failure prejudice the right of the Company to take any action in the future to enforce any provisions hereunder.
This EULA, including the Privacy Statement, your subscription agreement (if applicable) and RSI’s terms and conditions of sale that accompanied your purchase of any equipment forms the entire agreement between you and the Company and supersedes in their entirety any and all oral or written agreements previously existing between you and the Company with respect to your access to and use of the System and related Services.
Neither this EULA nor any of the rights, interests or obligations provided by this EULA may be transferred or assigned by you without the prior written consent of the Company. The Company may assign this EULA, in whole or in part, in its sole discretion. This EULA will be binding upon the parties and each of their present and future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees, affiliates, family members and guests and authorized users.
The invalidity or unenforceability of any provision of this EULA will not affect any other provision and all such other provisions will remain in full force and effect without change or modification thereof.
Exports and Imports
Software and technical information delivered under this EULA are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations, and you will be solely responsible for obtaining any import, export, re-export approvals and licenses required for such software any technical information, and retaining documentation to support compliance with those laws and regulations.
YOU AGREE THAT YOU WILL NOT RESELL ANY OF THE WIRELESS SERVICES PROVIDED TO YOU AS PART OF THE SYSTEM
Mandatory, Bilateral, and Binding Arbitration
Please read this carefully. It affects your rights. You and the Company agree that any dispute, controversy, or claim arising out of or relating in any way to your use of RSI service, or to any products or services sold or distributed by the Company or through Company websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or the Company’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.
As used in this Section, “Company” means RSI and its parents, subsidiaries, affiliated companies, predecessors in interest, successors, and assigns, and each of their respective officers, directors, employees, and agents. The term “Dispute” shall include any dispute, claim, or controversy between you and the Company regarding or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” also includes, but is not limited to, any and all claims between you and the Company in any way related to or concerning this Agreement, the Company’s services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from the Company and/or a party acting on the Company’s behalf. The term “Dispute” is to be given the broadest possible meaning that will be enforced.
Dispute NoticeBefore initiating an arbitration, you and the Company each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to 1375 Willow Lake Blvd. #103 Vadnais Heights, MN 55110 (the “Notice Address”), (2) emailed at email@example.com, (3) submitted by visiting support.dragonflysecurity.com, or (4) brought to the attention to DragonFly Customer Service at 1-844-581-4241.The Company will provide a Notice of Dispute to you via mailing address or email address associated with your DragonFly account.
Arbitration Process and Procedure
All Disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party. In such case, in-person hearings shall take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. §1-16.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.
The JAMS Rules are available on its website at www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and the Company each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
To commence arbitration, a Demand for Arbitration is required to be executed and served on the Company. Service of the Demand for Arbitration on the Company can be mailed to firstname.lastname@example.org pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. Company will not bear the cost of your initial filing fee.
The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
Class Action Waiver
NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Further, unless both you and the Company expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both the Company and you pursuant to JAMS Rule12.
An arbitrator’s award will consist of a written statement of the disposition of each Dispute and a concise written statement of the essential findings and conclusion on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court having jurisdiction.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. The Company will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Choice of Law
This EULA will be deemed entered into in the State of New York and will be governed by and construed according to the internal laws of the State of New York applicable to agreements executed and to be performed entirely within New York, without regard to conflict of law principles.
You agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed.
Any action against any party to this EULA not covered by the arbitration provision above will be commenced only in the federal or state courts within the State of New York, which courts will have exclusive jurisdiction over such actions and proceedings, and the parties hereby irrevocably consent to personal jurisdiction over them by such courts.
You consent to the exclusive use of the English language in this EULA, as well as in all communications from RSI.
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all other agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter this Agreement by any representations or promises not specifically stated in this Agreement. Any amendment to this EULA must be in writing and signed by duly authorized representatives of the parties.
Last Updated: June 1, 2016
This informational guide contains important instructions on safety, handling, disposal, recycling, regulatory information and the limited hardware warranty for your DragonFly Security System. The latest user instructions and any updates to this informational guide can be found at: support.dragonflysecurity.com/portal/kb.
Important Operating and Safety Instructions
- Read all safety and operating instructions before using your DragonFly Security System hardware to avoid injury. All instructions are available in app or on the support site support.dragonflysecurity.com. Heed all warnings.
- This product is not intended to be used to control or monitor, directly or indirectly, industrial equipment or medical equipment of any kind.
- Do not install your Indoor Motion Viewer Camera outdoors or near water, or expose these devices to any water or liquid of any kind.
- All of DragonFly Security System devices operate on battery power. Battery powered detection sensors and cameras will not operate if the batteries are low or dead. Monitor your systems event log through the app often to ensure proper operation.
- Use a dry cloth to clean your DragonFly Security Devices. Do not use liquids of any kind. Exposure to liquids, detergents, or abrasive cleaners may scratch the device and could affect quality of picture/video and performance.
- Do not install your Hub or Cameras near any heat sources and it could affect detection mechanics, such as Stoves, radiators, registers and other heat producing devices. The cameras will trigger on heat movement and installation in these environments may cause false alarms.
Hub and Indoor Camera: Designed for indoor temperature controlled environments between 14°F and 131°F with non-condensing humidity under 75%.
Outdoor Camera: Designed for outdoor environments between -20°F and 140°F with non-condensing humidity under 95%.
Check your Motion Viewers regularly to ensure they are operating properly.
Recycling and Disposal
This symbol on your DragonFly Security System and the device’s packaging is in accordance with European Union’s Waste and Electronic Equipment (WEEE) Directive. In accordance with WEEE, your DragonFly device should be disposed of or recycled separately from normal household waste. The end user is responsible to dispose of this product by taking it to a WEEE designated facility. Please contact your local environmental office or an electronic waste disposal company for more information about recycling.
DRAGONFLYSECURITY.COM Certifications and Regulatory Compliance
This device has undergone FCC, CE, and PTCRB compliance testing.
FCC Compliance Statement:
FCC Part 15.21 Changes or modifications made to this equipment not expressly approved by RSI Video Technologies may void the FCC authorization to operate this equipment.
FCC Part 15.105 Class B
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer for help.
Warning to the user:
Changes or modifications to the Product not expressly approved by DragonFly Security Systems could void your right to use or operate your product.
Where shielded interface cables or accessories have been provided with the product or specified additional components or accessories defined to be used with the installation of the product, they must be used in order to ensure compliance with FCC limits.
This device and its antennas must not be co-located or operating in conjunction with any other antenna or transmitter except in accordance with FCC Multi-transmitter product procedures.
Canada Compliance Statement
This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: 1) this device may not cause harmful interference, and 2) this device must accept any interference, including interference that may cause undesired operation of the device.
Le présent appareil est conforme aux CNR d'Industrie Canada applicables aux appareils radio exempts de licence. L'exploitation est aurorisee aux deux conditions suivantes: 1) l'appareil ne doit pas produire de brouillage, et 2) l'utilisateur de l'appareil doit accepter toute brouillage radioélectrique subi, meme si le brouillage est susceptible d'en compromettre le fonctionnement.
This device and its antennas(s) must not be co-located or operating in conjunction with any other antenna or transmitter except in accordance with IC multi-transmitter product procedures.
Cet appareil et son antenne (s) ne doit pas être co-localisés ou fonctionnement en association avec une autre antenne ou transmetteur.
IC Radiation Exposure Statement
Radio frequency radiation exposure information according 2.1091 / 2.1093 / OET bulletin 65.
This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with minimum distance of 20 cm between the radiator and your body.
This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.
Cet équipement est conforme aux limites d'exposition aux rayonnements IC établies pour un environnement non contrôlé. Cet équipement doit être installé et utilisé avec un minimum de 20 cm de distance entre la source de rayonnement et votre corps.
Under Industry Canada regulations, this radio transmitter may only operate using an antenna of a type and maximum (or lesser) gain approved for the transmitter by Industry Canada. To reduce potential radio interference to other users, the antenna type and its gain should be so chosen that the equivalent isotropically radiated power (e.i.r.p.) is not more than that necessary for successful communication.
Conformément à la réglementation d'Industrie Canada, le présent émetteur radio peut fonctionner avec une antenne d'un type et d'un gain maximal (ou inférieur) approuvé pour l'émetteur par Industrie Canada. Dans le but de réduire les risques de brouillage radioélectrique à l'intention des autres utilisateurs, il faut choisir le type d'antenne et son gain de sorte que la puissance isotrope rayonnée équivalente (p.i.r.e.) ne dépasse pas l'intensité nécessaire à l'établissement d'une communication satisfaisante.
This radio transmitter (IC:12325A-SCHUB01 / IC:12325A-SCEPD01 / IC:12325A-SCWAD01 / IC: 12325A-SCMOT01) has been approved by Industry Canada to operate with the antenna types listed below with the maximum permissible gain and required antenna impedance for each antenna type indicated. Antenna types not included in this list, having a gain greater than the maximum gain indicated for that type, are strictly prohibited for use with this device.
Le présent émetteur radio (identifier le dispositif par son numéro de certification ou son numéro de modèle s'il fait partie du matériel de catégorie I) a été approuvé par Industrie Canada pour fonctionner avec les types d'antenne énumérés ci-dessous et ayant un gain admissible maximal et l'impédance requise pour chaque type d'antenne. Les types d'antenne non inclus dans cette liste, ou dont le gain est supérieur au gain maximal indiqué, sont strictement interdits pour l'exploitation de l'émetteur.
Service and Support
Except for the battery and external mounting bracket for the Outdoor MotionViewer, your DragonFly Security System devices do not contain any user-serviceable parts. If you need service, contact DragonFly Security Systems at one of the additional contact options below. Helpful information is also available on our support site: support.dragonflysecurity.com.
The hours our customer service representatives are available are M-F 8am-5pm CST.
DragonFly Security Systems Address:
1375 Willow Lake Blvd, Suite 103
Vadnais Heights, MN 55110 USA
Replacement batteries and outdoor camera mounting brackets are available on the Company’s website [www.dragonflysecurity.com]. In order to ensure performance as advertised, DragonFly Security System batteries should be obtained directly from the Company’s website: dragonflysecurity.com.