DOWNING SECURITY LLC

PHANTOM X Security System

Camera Tower KITS

TERMS OF SERVICE AND SALES AGREEMENT

- Terms of Service & Sales Agreement

This is a legal document that contains important information about the purchase, use, and limitations of the DOWNING SECURITY LLC PHANTOM X Security System and Camera Tower KITS.

Please read this entire document carefully before installation or use.

1. No Warranty Clause

THIS PRODUCT IS SOLD “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DOWNING SECURITY LLC SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,

INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The only exception is if a separate, limited warranty agreement is provided in writing by DOWNING SECURITY LLC. Any attempt by unauthorized personnel to service, repair, or modify the PHANTOM X Security System or Camera Tower KITS will immediately and permanently void any and all related warranties, contracts, or agreements.

2. Jurisdiction Clause

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.

The parties agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Colorado. By using this product, you consent to the jurisdiction of these courts.

3. Indemnification Clause

You agree to indemnify, defend, and hold harmless DOWNING SECURITY LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the PHANTOM X Security System or Camera Tower KITS. This includes, but is not limited to, any claims arising from your failure to comply with the warnings and instructions in the user manual, or any other misuse of the product.

4. Limitation of Liability Clause

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOWNING SECURITY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, INJURY, OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE PHANTOM X SECURITY SYSTEM or Camera Tower KITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOWNING SECURITY LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that this limitation of liability is an essential part of the agreement and that DOWNING SECURITY LLC would not sell the PHANTOM X security system or Camera Tower KITS without it.

5. Product Safety Notice

The PHANTOM X security system and Camera Tower KITS are built with certified components and has been designed to professional safety standards.

However, the final system as a whole and the Camera Tower KITS are not UL certified.

USE AT YOUR OWN RISK.

6. Intellectual Property Notice

The PHANTOM X Security System and Camera Tower KITS, including their unique design and technology, is/are the intellectual property of DOWNING SECURITY LLC.

The system is currently subject to a patent application. Unauthorized copying, reverse engineering, or reproduction of any part of this system is strictly prohibited.

PATENT PENDING