Terms and Conditions

Terms and Conditions

NATIVE END-USER TERMS OF USE

  1. Native Smart Properties, LLC (and together with its representatives, employees, officers, members, managers, subcontractors, affiliates, agents, successors and assigns, “Native“, “us“, “we” or “our”), has been authorized with respect to your residence (“Community”), to market and provide certain services (“Services“) to you in connection with your security, energy management and/or home automation system (“System”). Community is an independent contractor and not an agent of Native. Sections 1 through 9 herein constitute the terms and conditions of Native’s offering of the Services (“Terms and Conditions“). By using any part of the Services or separately acknowledging agreement to these Terms and Conditions, you acknowledge and agree that (a) you have had the opportunity to read and review these Terms and Conditions, and (b) you accept the Terms and Conditions and agree to be bound by them.
  2. All Services rely on self-monitoring by you. We do not offer any professional monitoring or dispatch services. Accordingly, Native will not dispatch any emergency authority, such as the fire department, police, or ambulance service, under any circumstances.
  3. The Services rely on the availability of cellular network coverage and internet technology to operate properly (“Delivery Systems”). By accepting these Terms and Conditions, you acknowledge the limitations inherent in Delivery Systems, including interruptions or inabilities to connect, and the consequences if the technology does not operate as designed. You understand that Native is not responsible for any interruption of Service due to any cause beyond Native’s control, such as faulty Delivery Systems, Delivery Systems that have been tampered with or any damage or destruction to Native’s equipment or facilities. Native is not required to supply Services in the event of any interruption to the Delivery Systems.
  4. THE SOLE WARRANTY PROVIDED BY NATIVE WITH RESPECT TO THE SERVICES IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS (“LIMITED WARRANTY“). TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATIVE DISCLAIMS (a) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
  5. YOU AGREE THAT NATIVE IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF YOU OR PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT ARE CHARGED FOR THE SERVICES REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY. IF NATIVE IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, THEN NATIVE’S LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL NATIVE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.
  6. If any of your guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Native (individually and collectively, a “Third Party”), attempts to hold Native responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, (b) negligence, (c) improper or careless activity of Native, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss.
  7. You, for yourself and as the authorized agent of any Third Party who is at any time on the premises, hereby consent to Native (including in “Native” its subcontractors) recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication that come into the possession of Native in the normal performance of its duties under these Terms and Conditions to which you, any Third Party or Native are parties for purposes of carrying out Native’s obligations under these Terms and Conditions, offering services to its customers, servicing and administering customer accounts, or as required by court order or legal process. You expressly authorize Native to contact you, including through the use of an automated dialing system, SMS message (texts), email, pre-recorded or artificial voice, and/or facsimile for all purposes related to the Services, these Terms and Conditions, promotions, advertisements and information regarding any of our current or future partners, and/or our partners products or services, whether related to your Native System or not.
  8. You may terminate the Services upon notice to Community in accordance with your agreement with Community. There are no termination fees owed to Native in connection with such termination. Upon termination of the Services, Native shall have no further obligation to you.
  9. These Terms and Conditions shall be governed by the law of the State of Texas, without giving effect to its rules of conflict of laws. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST NATIVE OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.