TERMS AND CONDITIONS OF SUBSCRIBER AGREEMENT
This agreement (“Agreement”) is made and effective on the lease date, as listed on Subscriber’s payment confirmation email from Acadian, of the personal emergency response system (“PERS”) and monitoring services by and between:
- Acadian Monitoring Services, LLC, or Acadian On Call, LLC, a Louisiana limited liability company whose mailing address is P.O. Box 93088, Lafayette, LA 70509-3088 (“Acadian”);
- The party leasing the PERS (“Subscriber”);
- Each hereinafter referred to individually as a “Party” and collectively as “Parties”.
SUBSCRIBER UNDERSTANDS THAT ALTHOUGH THEY MAY NOT SIGN THIS AGREEMENT THEY ARE STILL AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OPENING THE PERS BOX WITH THE SEAL STATING “PLEASE READ ENCLOSED AGREEMENT PRIOR TO OPENING”, USING THE PERS OR MAKING A PAYMENT AFTER THE “ORDER DATE”.
SUBSCRIBER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING THE PERS. SEE THE NOTICE OF CANCELLATION FORM PROVIDED WITH THE PERS FOR AN ADDITIONAL EXPLANATION OF THIS RIGHT.
The parties hereto agree that:
1. PERS DESCRIPTION: A PERS, described herein, including all necessary devices and PERS, is provided for the duration of this Agreement, with the understanding that the PERS, including all apparatus, PERS, instruments, foil and wire installed or connected with the PERS is and shall always remain the sole personal property of Acadian and shall not be considered a fixture or a part of the realty. All additional accessories purchased from Acadianare property of Subscriber and not to be construed as a part of the PERS.
2. SERVICES: During the term of this Agreement, Acadian will provide seven (7) days a week, twenty-four (24) hours a day monitoring of the PERS in accordance with the provisions set forth herein. This service will include receipt, analysis and response to alarm signals. The PERS is intended to be used only for medical and similar personal emergencies and the appropriate authorities (i.e. police, paramedics, family contacts, etc.) will be notified if a signal is received from the PERS.
3. VALUE OF PERS: The value of the PERS is two hundred and fifty dollars ($250.00).
4. CHARGES: Subscriber agrees to pay Acadian all one-time and reoccurring monthly charges charged by Acadian for its services.
5. CANCELLATION AND REFUND POLICY: Monitoring fees are prepaid monthly and there are no refunds for partial months. If Subscriber cancels this Agreement and the PERS is returned to Acadian prior to the fifth (5th) day of the month following cancellation, the following month's monitoring fees will not be charged.
6. TERMINATION: Acadian may terminate this Agreement immediately upon giving notice of the following: (1) failure to timely pay, (2) utilizing the PERS in a manner not in accordance with the terms and conditions of this Agreement and (3) for any other reason that Acadian deems necessary, in good faith, to protect its personnel or business. Should Subscriber fail to pay any monies when due and payable, Acadian shall have the right, without prejudice to any other remedies, to charge a monthly 1% interest fee on all delinquent amounts and to such rescind or terminate this Agreement after providing Subscriber with at least ten (10) days advance notice of such rescission and termination of service. If, upon termination, the PERS is not returned immediately to Acadian, Subscriber will be charged a two hundred and fifty dollars ($250.00) cost of PERS fee or an additional monthly rental fee not to exceed two hundred and fifty dollars ($250.00).
7. TERM: The initial term of this Agreement shall be for one (1) month beginning on the Effective Date. This Agreement shall renew itself on a month to month basis under the same terms and conditions, unless either party gives written notice to the other party of their intention not to renew the contract at least thirty (30) days prior to the expiration of any term. If Subscriber agrees to a one (1) year term and the Agreement is terminated prior to the one (1) year term for any reason, Subscriber must return in unused condition any products such as lockboxes that they received for signing a one (1) year commitment or they will be charged the full value of the product.
8. SECURITY DEPOSIT: Acadian takes on heightened expenses and liability when Subscribers choose to make payments using a paper billing method (personal check, money order, cash). Due to the costs and risks involved with paper billing methods, Acadian charges Subscriber an upfront security deposit fee as well as a recurring monthly paper billing fee. If Subscriber fails to make a payment to Acadian on, before, or within thirty (30) days after a payment is due, Acadian reserves the right to apply Subscriber's security deposit to all fees related to Acadian’s monitoring services and monitoring equipment, as well as any costs incurred by Acadian in connection with collecting such amounts. Application of Subscriber's security deposit to the delinquent amount owed Acadian is not a settlement of the total delinquent amount owed Acadian. In all cases where Subscriber has a larger amount of delinquent debt than what is in Subscriber's security deposit, Subscriber will still be held liable to Acadian for the remaining balance.
9. AUTOMATIC BANK WITHDRAWAL: If Subscriber pays using an electronic payment method (eCheck, credit card) Subscriber authorizes Acadian, or its designee, successor or assign, to automatically withdraw from Subscriber's bank account or to bill Subscriber's credit card, the full amount of any fees and other sums as due in conjunction with this Agreement. In the event Subscriber fails to make a payment to Acadian on, before, or within thirty (30) days after a payment is due, Subscriber agrees to pay, and authorizes the debit of its bank account or credit card, of all fees related to Acadian’s monitoring services and monitoring equpment, as well as any costs incurred by Acadian in connection with collecting such amounts. This authorization remains in full force and effect for the entire term of this Agreement.
10. INSUFFICIENT/NONSUFFICIENT FUNDS: Acadian reserves the right to charge a twenty-five dollars ($25.00) fee to Subscriber for all charges that are dishonored by the Subscriber's financial institution for any reason including insufficient/nonsufficient funding. Insufficient/nonsufficient funding includes but is not limited to times where Subscriber uses a check or credit card to pay Acadian for its services and the amount written on the check or charged to the credit card exceeds the available balance in Subscriber's account.
11. INCREASE OF MONTHLY CHARGES: Acadian shall be permitted to increase the charges provided for herein at any time upon giving notice to Subscriber, and if Subscriber is unwilling to pay such increased charge, Acadian shall be permitted, at its option, upon written notice to Subscriber, to rescind the increase or to terminate this Agreement as if the term had expired, and Acadian shall be permitted access to Subscriber's premises to remove its PERS or shall be permitted to remotely delete programming, and Subscriber shall be relieved of any obligation to pay any monthly charge after said PERS is removed. Subscriber's failure to object to any such increase within ten (10) days of notification thereof shall be deemed an acceptance of said increase.
12. PRIORITY LIST: Subscriber agrees to furnish Acadian with a written list of names and telephone numbers of those persons/responders that Subscriber wishes to receive notification of alarm signals. The central station will go down the priority list until a responder can be reached for PERS activations. Multiple notifications must be indicated. All changes and revisions shall be supplied to Acadian in writing. In the event that Subscriber ends, whether through termination, cancellation, or by any other means, the services provided by Acadian to Subscriber under this Agreement, Acadian may notify all responders on Subscriber's priority list to inform them that Subscriber will no longer need them as responders for this particular service. Subscriber authorizes Acadian to access the PERS to input or delete data and programming.
13. CARE OF PERS: Other than recharging batteries (applicable to Extended Range PERS and Cellular PERS), changing batteries (applicable to Extended Range PERS) and self-testing the pendant (applicable to all PERS units) in accordance with the instructions shipped with the PERS, Subscriber agrees not to tamper with or otherwise interfere with the PERS. If Subscriber tampers with or interferes with the PERS, Subscriber will incur a service fee of twenty five dollars ($25.00). The PERS shall remain in the same location as installed and Subscriber agrees to bear the cost of repairs, replacement, relocation, or additions to the system made necessary as a result of any painting, alteration, remodeling, or damage, including damage caused by unauthorized intrusion to the premises, lightning or electrical surge. PERS with ordinary wear and tear problems shall be replaced or repaired by Acadian without additional charge. If Acadian sends a new PERS to Subscriber, Subscriber will be responsible for mailing back the damaged PERS that has been replaced by Acadian. If Subscriber does not return the damaged PERS within fifteen (15) days of receiving the replacement PERS, Subscriber will be charged a monthly PERS rental fee not to exceed or accrue over time to an amount over the value of Agreement.
14. BATTERIES: For Extended Range PERS' and Cellular PERS' it shall be the responsibility of Subscriber to recharge the PERS batteries, change the PERS batteries when they are in need of being replaced and self-test the PERS' pendant (applicable to all PERS units) in accordance with the instructions shipped with the PERS.
15. TWO-WAY VOICE THROUGH ACTIVATION: For Extended Range PERS' when Subscriber activates the PERS by pushing the button on the PERS' pendant, Acadian will be notified of the activation and will contact Subscriber through the pendant, in accordance with the terms and conditions of this Agreement, if Subscriber is within the range of the PERS. The range of the PERS varies depending on a number of variables surrounding the PERS so it shall be the responsibility of Subscriber to test the range of the PERS.
16. ALTERATION OF PREMISES: If Acadian installs the PERS, Acadian is authorized to make preparations such as drilling holes, driving nails, making attachments, or doing any other thing necessary in Acadian's sole discretion for the installation and service of the PERS. Acadian shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the PERS. Acadian shall not be responsible for the condition of the premises upon removal of the PERS and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the PERS under the terms of this Agreement.
17. DUTY TO SUPPLY ELECTRICAL AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, (1) all 110 Volt AC power and electrical outlets and receptacles, (2) internet connection, high speed broadband cable, DSL and IP Address, or telephone connection and hook-ups.
18. DELAY IN INSTALLATION: ACADIAN SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS SUSTAINED BY SUBSCRIBER AS A RESULT OF ANY DELAY IN INSTALLATION OF THE PERS, PERS FAILURE, OR FOR INTERRUPTION OF SERVICE DUE TO ELECTRIC FAILURE, PHONE SERVICE OR INTERNET SERVICE FAILURE, STRIKES, WALK-OUTS, WAR, OR ACTS OF GOD, AND SUBSCRIBER SHALL NOT BE RELIEVED FROM PAYMENTS DUE UNDER THIS AGREEMENT FOR SUCH PERIOD.
19. TESTING AND SERVICING: The parties hereto agree that the PERS, once installed, is in the exclusive possession and control of Subscriber, and it is Subscriber's sole responsibility to test the operation of the PERS and to notify Acadian if it is in need of repair. Acadian shall not be required to service the PERS unless it has received notice from Subscriber. Upon such notice, Acadian shall begin servicing the PERS to the best of its ability within forty-eight (48) hours, which does not imply physically replacing or repairing the PERS within that time frame, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 A.M. (CST) and 5 P.M. (CST). In the event Subscriber complies with the terms of this Agreement and Acadian fails to begin to act on repairs of the PERS within forty-eight (48) hours after notice is given, excluding Saturdays, Sundays and legal holidays, Subscriber agrees to send notice that the PERS is in need of repair to Acadian by certified mail and Subscriber shall not be responsible for payments due while the PERS remains inoperable. If Acadian fails to begin repair of the PERS within forty-eight (48) hours after receipt of said written notice, Subscriber shall not be obligated to pay any amount for service from the date said written notice is given, until the PERS is restored to working order.
20. COMMUNICATION NETWORKS: The PERS includes a communicator that sends signals to Acadian over Subscriber's regular telephone service. Subscriber will pay for all telephone charges, including without limitation, any installation fee for a special jack to connect the PERS to Subscriber's telephone service. Acadian recommends the use of an RJ31X or equivalent telephone jack to give the PERS priority over other telephones in Subscriber's premises. If Subscriber's telephone is out of order, placed on vacation status or otherwise not working, signals cannot be transmitted to or received by Acadian and Acadian will not know of the telephone service problem. The use of DSL, VoIP or other broadband telephone service may prevent the PERS from transmitting alarm signals to Acadian and/or interfere with the telephone line-seizure feature of the alarm system. DSL service should be installed on a telephone number that is not used for alarm signal transmission.
21. INSURANCE: Subscriber shall insure Acadian's PERS against fire and casualty and Subscriber agrees to name Acadian in said insurance policy as loss payee to the extent of the value of the PERS as set forth hereinabove.
22. NOTICE OF PRIVACY PRACTICE: By accepting this Agreement, Subscriber acknowledges that they have received a Notice of Privacy Practice as required under Standards for Privacy of Individually Identifiable Health Information; final Rule (45 CFR Parts 160 and 164). Subscriber hereby consents to the use and disclosure of protected health and other information about Subscriber provided both in this Agreement and created in the course of providing the monitoring services as follows:
i. Acadian may disclose protected health information to provide, coordinate and manage its services. Acadian may use and disclose this information to third party health care providers and to other entities that require this information to ensure the provision of Acadian's services to Subscriber;
ii. Subscriber's protected health information may be used or disclosed as needed to obtain payment for Acadian's services or other related health care services;
iii. Subscriber's protected health information may be used or disclosed as needed in order to support the business activities of Acadian or the hospital or healthcare providers who provide services to Subscriber.
23. CONSENT TO DISCLOSURE OF LOCATION: Subscriber understands that Subscriber's physical location will be used in connection with providing the Monitoring Service and that authorized caregivers may request Subscriber's current location via Acadian's secure web portal. Subscriber hereby agrees that Acadian may provide the Responders and any other necessary third parties, as determined by Acadian in Acadian's reasonable discretion, with access to Subscriber's physical location. Subscriber hereby releases Acadian from all liability, which may arise out of Acadian's disclosure of such information to Responders and any other necessary third parties.
24. CONSENT TO DISTRIBUTION OF INFORMATION: Subscriber is providing Acadian with certain medical information for the purposes of providing the Monitoring Service. Subscriber hereby agrees that Acadian may provide the Responders and any other necessary third parties, as determined by Acadian in its reasonable discretion, with access to such medical information along with any information contained in this Agreement or otherwise provided by Subscriber in connection with this Agreement. Subscriber hereby releases Acadian from all liability, which may arise out of Acadian's disclosure of such information to Responders and any other necessary third parties. Subscriber hereby acknowledges that all communications between Subscriber and Acadian may be recorded and Subscriber consents to such recording.
25. LIABILITY FOR ACTIONS OF RESPONDERS: SUBSCRIBER AGREES THAT ACADIAN IS RESPONSIBLE ONLY FOR ENDEAVORING TO NOTIFY THE APPROPRIATE RESPONDERS AND ACADIAN IS NOT RESPONSIBLE FOR THE PROMPTNESS, SUFFICIENCY, OR ADEQUACY OF THE ACTION OF ANY RESPONDER OR ANY THIRD PARTY ACTING AS A RESPONDER. SUBSCRIBER ACKNOWLEDGES THAT IN NO WAY DOES ACADIAN REPRESENT OR GUARANTEE THAT RESPONDERS CAN BE CONTACTED, THAT THEY CAN OR WILL RESPOND, OR THAT ANY RESPONSE WILL BE SAFE OR EFFECTIVE. THE SUBSCRIBER AGREES THAT THE RESPONDERS ARE NOT AGENTS OR OTHER REPRESENTATIVES OF ACADIAN AND ANY ACTION TAKEN BY THE RESPONDERS SHALL IN NO WAY BE IMPUTED TO ACADIAN.
26. ASSIGNMENT: SUBSCRIBER SHALL NOT BE PERMITTED TO ASSIGN THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF ACADIAN. ANY SUCH ASSIGNMENT WITHOUT PRIOR APPROVAL SHALL BE DEEMED A BREACH OF THIS AGREEMENT. ACADIAN SHALL HAVE THE RIGHT TO ASSIGN THIS CONTRACT AND SHALL BE RELIEVED OF ANY OBLIGATIONS CREATED HEREIN UPON SUCH ASSIGNMENT.
27. INDEMNIFICATION: SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS ACADIAN FOR ANY EXPENSES, LOSS, COST, DAMAGE, CLAIM, ACTION, OR LIABILITY PAID, SUFFERED, OR INCURRED AS A RESULT OF ANY BREACH BY SUBSCRIBER, SUBSCRIBER'S AGENTS, SERVANTS, EMPLOYEES OR LICENSEES OF ANY COVENANT OR CONDITION OF THIS AGREEMENT, OR AS A RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF SUBSCRIBER, ITS AGENTS, SERVANTS, EMPLOYEES OR LICENSEES. THIS CLAUSE SPECIFICALLY INCLUDES ANY LIABILITY RESULTING FROM WRONG INFORMATION GIVEN TO ACADIAN BY SUBSCRIBER, SUBSCRIBER'S AGENTS, SERVANTS, EMPLOYEES OR LICENSEES, SUBSCRIBER'S DUTY TO CHANGE ITS BATTERIES, RECHARGE IT BATTERIES AND SELF TEST THE PENDANT, AND THE CELLULAR PERS USE AND/OR RELIANCE UPON A CELLULAR NETWORK.
28. EVENTS BEYOND THE CONTROL OF ACADIAN: Should rendering monitoring service become impossible or impracticable due to strike, riots, flood, fires, vandalism, terrorism, acts of nature, acts of God or any other cause beyond the control of Acadian, Acadian's obligations hereunder shall be suspended, or, at Acadian's option, this Agreement may be rescinded. Acadian agrees to the extent possible, by reasonable means, to immediately give notice to Subscriber of any such suspension of Acadian's services or rescission of this Agreement.
29. REMOVAL OF PERS: Upon termination of this Agreement, Acadian shall be permitted to remotely delete programming and allowed access to Subscriber's premises to remove the PERS. If for any reason caused by Subscriber, or the owner of the premises if other than Subscriber, said PERS is not recovered by Acadian within twenty-four (24) hours of such termination, Acadian shall not be required to service the PERS, and may order the termination of any central station monitoring or other services, and Subscriber shall remain liable for all payments called for herein.
30. ADDITIONAL PAYMENTS: In addition to the payments set forth herein, Subscriber agrees to be liable for and pay to Acadian any excise, sales, property, or other tax, telephone line charges, and any increases thereof, which may be imposed upon Acadian because of this Agreement. Should Acadian be required by existing or here after enacted law to perform any service or furnish any material not specifically covered by the terms of this Agreement, Subscriber agrees to pay Acadian for such service or material.
31. FALSE ALARMS: Subscriber agrees to reimburse Acadian for any fine, penalty, or fee assessed against Acadian by any governmental or municipal agency as a result of false alarms originating from Subscriber's premises. Excessive numbers of false alarms may be deemed by Acadian to be a material breach of this Agreement by the Subscriber and Acadian may, at its option, be excused from performance of obligations under this Agreement upon the giving of ten (10) days advance notice to Subscriber.
32. NO WARRANTIES OR REPRESENTATIONS: ACADIAN DOES NOT REPRESENT NOR WARRANT THAT THE PERS WILL PREVENT ANY LOSS, DAMAGE OR INJURY TO PERSON OR PROPERTY, OR THAT THE PERS WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES THATACADIAN IS NOT AN INSURER, AND THAT SUBSCRIBER ASSUMES ALL RISK FOR LOSS OR INJURY TO SUBSCRIBER'S PROPERTY OR PERSON. ACADIAN HAS MADE NO REPRESENTATION OR WARRANTIES, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE. SUBSCRIBER'S EXCLUSIVE REMEDY FOR ACADIAN’S DEFAULT HEREUNDER IS TO REQUIRE ACADIAN TO REPAIR OR REPLACE, AT ACADIAN’S OPTION, ANY PERS OR PART WHICH IS NON-OPERATIONAL.
33. SUBROGATION: SUBSCRIBER, ON ITS BEHALF AND ON BEHALF OF ANY INSURANCE CARRIER, WAIVES ANY RIGHT OF SUBROGATION SUBSCRIBER'S INSURANCE CARRIER MAY OTHERWISE HAVE AGAINST ACADIAN OR ACADIAN’S SUBCONTRACTORS ARISING OUT OF THIS AGREEMENT. FURTHERMORE, NEITHER SUBSCRIBER NOR SUBSCRIBER'S INSURER SHALL HAVE A RIGHT OF SUBROGATION AGAINST ANY INSURANCE POLICY CARRIED BY ACADIAN AND SUBSCRIBER'S INSURANCE POLICY SHALL BE PRIMARY TO ANY POLICIES CARRIED BY ACADIAN INSURING SUCH LOSSES OR DAMAGES.
34. CONTRIBUTION: SUBSCRIBER RELEASES ACADIAN FROM ANY CLAIMS FOR CONTRIBUTION.
35. LIMITATION OF LIABILITY: THE PARTIES AGREE THAT THE PERS IS NOT DESIGNED OR GUARANTEED TO PREVENT ANY LOSS OR INJURY. IF, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY ON THE PART OF ACADIAN AS A RESULT OF ANY CAUSE WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH LOSS, DAMAGE, OR PERSONAL INJURY WAS CAUSED BY OR CONTRIBUTED TO BY ACADIAN’S NEGLIGENCE TO ANY DEGREE, FAILURE TO PERFORM ANY OBLIGATION, OR STRICT PRODUCTS LIABILITY, SUCH LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL THE SUM OF TWO HUNDRED AND FIFTY DOLLARS ($250.00). THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE.
36. DAMAGES: THE PARTIES AGREE THAT NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY, REGARDLESS OF FAULT, FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES.
37. CONFLICTING DOCUMENTS: Should there arise any conflict between this Agreement and any other document, this Agreement will govern regardless of whether such purchase order, or other document, is prior to or subsequent to this Agreement.
38. FORCED ENTRY: Subscriber understands and agrees that in the event an emergency is received and if responders or emergency authorities are sent, forced entry may be used if necessary to respond appropriately to the emergency. Subscriber shall indemnify, hold harmless and defend any such emergency responder, emergency authority, Acadian, or its agents or employees against all claims, suits, damages and expenses resulting from such forced entry.
39. JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana. Subscriber agrees that any action brought by it against Acadian, including any third party action, which alleges Acadian's failure to perform under this Agreement, Acadian’s breach of this Agreement, or that Acadian committed a tortuous act, must be brought in a court of competent jurisdiction in Lafayette, Louisiana. The parties waive trial by jury in any action between them.
40. NOTICE: Any notice required to be given hereunder by either party shall be in writing sent by U.S. mail addressed to the other party at the address at the head of this Agreement or at such other address as either party shall notify the other party hereof.
41. ATTORNEYS’ FEES: In the event of a dispute arising from this Agreement the prevailing party shall recover reasonable attorneys’ fees.
42. FULL AGREEMENT: This Agreement constitutes the entire agreement between Acadian and Subscriber with respect to its subject matter. In executing this Agreement, the parties agree that any representation, promise, inducement, or warranty, whether express or implied, not included in writing in this Agreement shall be of no force or effect. This Agreement may not be modified except by an instrument in writing executed by the parties hereto.
43. SEVERABILITY: In the event one or more of the provisions contained in this Agreement shall be held, for any reason, to be invalid, void, illegal, or unenforceable in any respect, such invalidity, legality, or unenforceability shall not affect the remaining provisions hereof, and this Agreement shall remain unaffected and shall be construed as if such invalid, void, illegal, or unenforceable provision never had been contained herein.
44. CHANGE IN ADDRESS: Subscriber acknowledges that all changes in their place of residency, specifically including changes where Subscriber moves to a location different from the one originally provided to Acadian must be provided to Acadian prior to the change in their place of residency. SUBSCRIBER AGREES TO EXCULPATE AND HOLD HARMLESS ACADIAN FOR ANY LIABILITY THAT RESULTS, WHETHER DIRECTLY OR INDIRECTLY, FROM SUBSCRIBER NOT PROVIDING ACADIAN WITH NOTICE OF A CHANGE IN THEIR PLACE OF RESIDENCY.