This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
DocuSign Envelope ID: D03C8C27-BC48-44C8-851D-368459E6CCB2
emergency maintenance, either by Flock or by third-party providers, or because of other causes
beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance
notice in writing or by e-mail of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE
REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE
HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE
SERVICES AND INSTALLATION SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION
7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE
STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION
10.6, BY THE LAW OF THE STATE OF GEORGIA.
7.5 Insurance. Flock and Agency will each maintain commercial general liability policies with
policy limits reasonably commensurate with the magnitude of their business risk. Certificates of
Insurance will be provided upon request.
7.6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in
performance from any cause beyond its control, including, but not limited to acts of God, changes
to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology
providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of
hackers, internet service providers or any other third party or acts or omissions of Agency or any
Authorized End User.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 Limitationof Liability. TO THE EXTENT PERMITTED BY LAW,
NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY
SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT
LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR
LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE
OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S
ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL
ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR
CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC
DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR
CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID
AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS
AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN
EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE
SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THEJump to an indexed page (26 of 26)