WE MAY CHANGE, UPDATE, ADD OR REMOVE PROVISIONS OF THIS AGREEMENT AT ANY TIME BY POSTING THOSE CHANGES ON OUR WEBSITE. YOUR CONTINUED USE OF ANY OF THE SERVICE(S) AFTER SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED TERMS YOU MUST STOP USING THE SERVICE(S) AND WEBSITE.
You must be 18 years of age to use the Service(s). By registering for and using the Service(s), you represent and warrant that you are a natural person, are over eighteen (18) years of age, that your use of the Service does not violate applicable laws, and that you agree to the terms of this Agreement.
Depending upon the Service(s) you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit you to be enrolled:
In order to enroll in and receive one or more Service(s), you must provide us with the full and accurate Personal Information that we require for the applicable Service(s), which may include without limitation your name, address, telephone number, email address, date of birth, driver’s license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, “Personal Information”). You agree to keep all Personal Information updated and accurate. In the event we do not receive all the required Personal Information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf. If we are unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Service(s) for which you have enrolled may be limited or unavailable.
Additionally, in order to enroll in and receive one or more Service(s), you must provide us with the full and accurate Company Information we require for the applicable Service(s), which may include, without limitation, the name, entity type, state in which the entity is registered, address, employer identification number, and other information regarding the company as well as financial information such as a credit card number (collectively, “Company Information”) tied to an account issued to the company.
Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Service(s) for which you have enrolled.
We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms and conditions that apply to the features and your use of the Service(s). We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Website. We have no obligation to provide direct notice of any such changes. We reserve the right to define eligibility criteria for the Service(s), and make changes to those criteria at any time.
By continuing to use the Service(s) and Website after any such changes or modifications to the Service(s) become effective, you agree to be bound by the revised terms. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service(s). You can cancel the Service(s) at any time as set forth in Section 8 below.
You are responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Service(s). We also reserve the right to collect any sales taxes applicable to your purchase of and membership to the Service.
You understand and agree that perfect security does not exist anywhere, and that you will protect your Personal Information and Company Information in a reasonable way at all times. You will not recklessly disclose or publish your Personal Information and Company Information to anyone who might reasonably be expected to improperly use or disclose that information, by way of example but in no way limited to: in response to “phishing” scams, unsolicited emails, or pop-up messages seeking disclosure of Personal Information and Company Information. To access the Service(s), Customers must have a valid user name and password, which Customers will receive after enrolling with us for the applicable Service(s). You are responsible for maintaining the confidentiality of any password associated with your use of the Service(s), as well as any activity within the Service(s) using your password(s).
Additionally, you represent that you will read all messages sent to you by Company Alarm in a timely manner. You understand that Company Alarm sends you time sensitive messages and your failure to read and take action in response to receiving a message from Company Alarm may result in Your business being financially damaged.
To ensure that Company Alarm is able to contact you so that Company Alarm may provide you with Service(s), you represent that you will maintain with Company Alarm up to date contact information. You understand that if you do not maintain up to date contact information with Company Alarm, you may not receive messages sent from Company Alarm to you when Company Alarm provides Service(s) to you. You agree to hold Company Alarm harmless should you not receive messages from Company Alarm due to your failure to maintain up to date contact information with Company Alarm.
Additionally, when setting up your membership with Company Alarm, you agree to verify that Company Alarm is able to send messages to you through the communication channels (e.g., telephone number, email address, etc.) that you provide to Company Alarm. You further agree that Company Alarm may, from time to time and at its sole discretion, send you messages to verify that the communication channels you have provided to Company Alarm are still viable. When you receive such messages, you agree to respond to the messages and/or take other action as indicated by the messages to enable Company Alarm to verify that the communication channels you have provided to Company Alarm are still viable.
We reserve the right to terminate the Service(s) and/or Terms of Service upon notice, with or without cause. Unless cancelled and/or terminated, the Service(s) shall automatically continue indefinitely, and you shall pay the applicable then-current prices as published by us. As you authorize during enrollment for the Service(s), we store your payment method, the Service(s) will automatically renew, and you will be billed, until you cancel.
A. Customers Enrolled and Transacted in Service(s) Directly with Us
You may cancel your Service(s) or the automatic renewal of your Service(s) at any time. To terminate and/or cancel your Service(s), you must: You can cancel your subscription anytime via your Company Alarm page or by contacting Customer Support 24/7 toll free 1-800-488-2909 or email firstname.lastname@example.org If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of that month’s billing period..
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period (i.e., 12 calendar month period). At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
B. Members Enrolled in the Service(s) Through a Third Party
If you have enrolled in or obtained your membership to the Service(s) through a third party (e.g., an Affiliate), and you wish to cancel the Service(s) and/or Terms of Service, you must notify the third party of your intent to cancel.
We will terminate the Service(s) and/or Terms of Service upon notice to us provided by such third party. If you are enrolled in any Service(s) through a third party, you may not be entitled to any refund of fees by Company Alarm; we shall have no obligation to, and shall not, refund any fees paid by you to a third party. If we modify or update your Service(s) and you object to such change, your sole remedy shall be to terminate and/or cancel the Service(s).
You agree that we may use your Personal Information and Company Information in accordance with our Privacy Policies, which are available here https://companyalarm.com/privacy-policy/ and are incorporated by reference into this Agreement. You expressly authorize Company Alarm, its agents, and its employees to obtain various information and reports about you and/or companies for which we provide Service(s) as we deem reasonably necessary or desirable in the course of performing the Service(s).
A. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Service(s), our Website (including the Data) as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Service(s) and our Website. For additional information regarding intellectual property rights, refer to the Terms of Service https://companyalarm.com/terms-of-use/.
B. CUSTOMER REVIEWS TERMS
By submitting any content to Us, you represent and warrant that: (i) you are the sole author and owner of the intellectual property rights thereto; (ii) all “moral rights” that you may have in such content have been voluntarily waived by you; (iii) all content that you post is accurate; (iv) you are at least 18 years old; (v) use of the content you supply does not violate these review terms set forth in this Section 10.B (the “Customer Review Terms”) and will not cause injury to any person or entity; (vi) you will not submit any content that is known by you to be false, inaccurate or misleading; (vii) you will not submit any content that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) you will not submit any content that violates any law, statute, ordinance or regulation; (ix) you will not submit any content that is, or may reasonably be considered to be, defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (x) you will not submit any content for which you were compensated or granted any consideration by any third party; (xi) you shall not submit any content that includes any information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for yourself or others; and (xii) you will not submit any content that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant Company Alarm a perpetual, irrevocable, royalty-free, transferable right and nonexclusive license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Company Alarm’s sole discretion. Company Alarm reserves the right to change, condense or delete any content on Company Alarm’s website that Company Alarm deems, in its sole discretion, to violate these Review Terms. Company Alarm does not guarantee that you will have any recourse through Company Alarm to edit or delete any content you have submitted. Company Alarm reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Company Alarm, are responsible for the contents of your submission. Company Alarm may, but is not obligated to, monitor, review, or verify any content submitted.
None of the content that you submit shall be subject to any obligation of confidence on the part of Company Alarm, its agents, parents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
Company Alarm may require you to provide certain information or data in order to submit a review. By submitting a review, you agree and consent to Company Alarm’s promotional use and display (whether online or offline) of all such information or data you provide with, or as part of, your review (including, but not limited to, any name or other identifier you choose to provide).
By submitting your email address in connection with your rating and review, you agree that Company Alarm and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
C. COPYRIGHT INFRINGEMENT CLAIMS
You understand that any content you provide to Us is subject to the provisions of the Digital Millennium Copyright Act notice and takedown provisions, as articulated in our Copyright Infringement Claims Notice. https://companyalarm.com/dmca/
We control and operate the Website and Service(s) from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Website or Service(s) outside the United States of America, you are responsible for following applicable local laws. By using the Website or Service(s), you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
OTHER THAN PURSUANT TO THE [Name of Insured Event] (FOUND HERE) WHICH APPLIES SOLELY TO MEMBERS ENROLLED IN OUR [Add product term], TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ALARM, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE(S), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE GREATER OF (a) TWO HUNDRED U.S. DOLLARS ($200) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICE(S) THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will indemnify and hold Company Alarm (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party.
(a) Company and You agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “Company,” “You,” and “Us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, You and Company are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be addressed to: 4705 S. Durango Drive, Suite 100-125, Las Vegas, NV 89147 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief You seek from Company (“Demand”). If Company and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Company is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After Company receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If You are unable to pay this fee, Company will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and You should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Company and You agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, We agree that You may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Company will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Company agree otherwise, the arbitrator may not consolidate more than one person/entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
(g) Notwithstanding any provision in this Agreement to the contrary, You agree that if Company makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any Service or subsequent to your purchase of any Service, You may reject any such change and require Company to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to Company at the Notice Address above prior to initiating your dispute.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under this Agreement must be in writing, signed by Company Alarm, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Service(s) shall at all times comply with all applicable laws, rules, and regulations. This Agreement, and all documents incorporated into this Agreement by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of the terms of this Agreement is not a waiver of such term or right. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement. This Agreement is solely and exclusively between you and Company Alarm and you acknowledge and agree that (i) no third party, including a third-party partner of Company Alarm is a party to this Agreement, and (ii) no third party, including any third-party partner of Company Alarm has any obligations or duties to you under this Agreement.