Terms and Conditions
By clicking on the Accept button below, you, the customer, acknowledge and agree to the following terms and conditions governing the relationship between you and Alarm One, Inc, an Authorized Dealer of ADT LLC Authorized Dealer agrees to sell and install the security alarm system (the "Equipment") at the Monitored Location chosen by you and to provide Monitoring Services and Limited and Extended Limited Warranty Services, if applicable (collectively, the "Services"), as indicated below and as more fully described herein, to you, and you agree to pay any amounts charged upon and subject to the terms and conditions of this Contract.
1. TERM OF CONTRACT. The initial term of this Contract is for three (3) years. Our alarm monitoring and notification services will begin when the equipment is installed and is operational, and when the necessary communications connection is completed. This Contract will automatically renew for successive thirty (30) day terms unless terminated by either party's written notice at least thirty (30) days before the end of the then-current term. If terminated, this Contract ends on the last day of the then-current term.
2. NOTICE TO CONSUMERS. This is to advise you that Authorized Dealer is an independent Authorized Dealer of ADT LLC The company with which you are now contracting for the installation and/or monitoring of your electronic security system is not an employee or agent of ADT LLC Upon finalization of your contract, it will be submitted to ADT LLC for approval and purchase of the monitoring system. You are hereby advised that ADT LLC reserves the right to reject or otherwise not purchase this contract. If this contract is tendered and rejected or otherwise not purchased, ADT LLC will promptly notify you of that decision so that you may make other arrangements if you so choose. YOU STATE THAT YOU UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS CONTRACT, INCLUDING, BUT NOT LIMITED TO, PARAGRAPHS 7,8,9,10,11 and 12. YOU ARE AWARE OF THE FOLLOWING: NO ALARM SYSTEM CAN GUARANTEE PREVENTION OF LOSS; HUMAN ERROR IS ALWAYS POSSIBLE; ALARM SIGNALS MAY NOT BE RECEIVED IF THE TELEPHONE LINE OR OTHER ALARM TRANSMISSION SYSTEM IS CUT, INTERFERED WITH, OR OTHERWISE DAMAGED.
3. PAYMENTS AND CONSUMER REPORT. A. All charges are payable in advance. B. You authorize us to obtain a NON-INVESTIGATIVE CONSUMER REPORT about you from a consumer reporting agency at any time during the term. You also authorize us or any of our representatives, employees, or assignees to request and obtain credit history from a credit bureau or other agency and that said credit bureau or other agency has your permission to release credit information to us, our assignees, representatives or employees. C. We reserve the right to charge you for incidental costs relating to cache of the Services chosen by you during the initial term and renewal term.
4. EARLY TERMINATION. YOU AGREE THAT THE CHARGES DUE UNDER THIS CONTRACT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND TO PAY FOR THE SERVICES FOR THREE (3) FULL YEARS. ACCORDINGLY, YOU AGREE THAT: IF YOU TERMINATE THIS CONTRACT DURING ITS INTIAL TERM YOU WILL PAY US AN AMOUNT EQUAL TO 75% OF THE CHARGES TO BE PAID BY YOU DURING THE REMAINING INTITIAL THREE (3) YEAR TERM OF THIS CONTRACT. THIS AMOUNT IS AGREED UPON DAMAGES AND IS NOT A PENALTY.
5. INCREASE IN CHARGES. We have the right to increase the annual service charge at any time after the first year. If you give us written objection to the increase within thirty (30) days of your receipt of notice of the increase, and if we do not waive the increase, then you may terminate this Contract effective thirty (30) days after our receipt of your written notice of termination. In this situation, you will not have to pay the early termination charges described in paragraph 2.
6. ADDITIONAL CHARGES AND OFFSET RIGHTS. You agree to pay all directly or indirectly imposed false alarm assessments, taxes, fees or other charges of any police or fire department, or any other governmental body. You agree to pay all telephone or signal transmission company charges for area code, telephone numbering or other changes. You agree to pay us to reprogram the system if necessary to comply with any area code, telephone numbering or other changes. You agree to pay to us any increases in our cost for facilities used for transmitting alarm signals under this Contract. You agree to pay a service charge if our representative responds to a service call or alarm at your premises because you improperly followed operating instructions, failed to properly lock or close a window, door or other protected point or improperly adjusted CCTV Cameras, monitors or accessories. Upon the early termination or the expiration of this Contract, you agree that we have the right to offset against any amounts or credits that we might owe to you (a) service charges for thirty (30) days, if the required written termination notice set forth in the Term of Contract paragraph above is not provided by you, (b) the contract termination charges set forth in paragraph 2 above, and (c) any other additional charges, amounts or deposits that you owe to us. If the amount of the offset equals or exceeds the amount that we owe to you or if we owe you a credit of five dollars ($5.00) or less, you agree that we will not be obligated to refund any amounts to you and you waive your right to receive this refund amount.
7. WE ARE NOT AN INSURER . WE ARE NOT AN INSURER AND YOU WILL OBTAIN FROM AN INSURER ANY INSURANCE YOU DESIRE. THE AMOUNT YOU PAY US IS BASED UPON THE SERVICES WE PERFORM AND THE LIMITED LIABILITY WE ASSUME UNDER THIS CONTRACT AND IS UNRELATED TO THE VALUE OF YOUR PROPERTY OR THE PROPERTY OF OTHERS LOCATED IN YOUR PREMESIS. IN THE EVENT OF ANY LOSS OR INJURY TO ANY PERSONS OR PROPERTY, YOU AGREE TO LOOK EXCLUSIVELY TO YOUR INSURER TO RECOVER DAMAGES. YOU WAVE 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 LOSS OR INJURY TO ANY OTHER PERSON.
8. NO LIABILITY; LIMITED LIABILITY. IT WILL BE EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES THAT MAY RESULT FROM OUR FAILURE TO PERFORM OUR DUTIES UNDER THIS CONTRACT. YOU AGREE THAT WE AND OUR ASSIGNEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES ARE EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES (INCLUDING INTERNET/WEBSITE SERVICES) WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT IF IT IS DETERMINED THAT WE OR ANY OF OUR ASSIGNEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE GREATER OF $500 OR 10% OF THE ANNUAL SERVICE CHARGE YOU PAY UNDER THIS CONTRACT. THESE AGREED UPON DAMAGES ARE NOT A PENALTY. THEY ARE YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT. AT YOUR REQUEST, WE MAY ASSUME ADDITIONAL LIABILITY BY ATTACHING AN AMENDMENT TO THIS CONTRACT STATING THE EXTENT OF OUR ADDITIONAL LIABILITY AND THE ADDITIONAL COST TO YOU. YOU AGREE THAT WE ARE NOT AN INSURER EVEN IF WE ENTER INTO ANY SUCH AMENDMENT.
9. EXCLUSIVE DAMAGES REMEDY. YOUR EXCLUSIVE DAMAGE AND LIABILTIY REMEDIES ARE SET FORTH IN PARAGRAPH 8 ABOVE. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
10. HOLD HARMLESS. IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY ANY OTHER PARTY AGAINST US OR OUR ASSIGNEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES ARISING OUT OF THE SERVICES WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT, YOU AGREE TO BE SOLELY RESPONSIBLE FOR, AND TO INDEMNIFY AND HOLD US COMPLETELY HARMLESS FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING YOUR PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES. THESE OBLIGATIONS WILL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS CONTRACT. THESE OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
11. OTHER PARTY'S LIMITATION. IF YOU PURCHASED OUR SERVICES OR SYSTEMS THROUGH ANOTHER BUSINESS OR PERSON, OR FROM US THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, YOU AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR. SUCH BUSINESS OR PERSON SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE PERFORMANCE OR NONPERFORMANCE OF THE SYSTEM OR SERVICES WE PROVIDE UNDER THIS CONTRACT. WITHOUT LIMITING THE ABOVE, YOU AGREE THAT THE LIABILTY OF SUCH OTHER BUSINESS OR PERSON IS, IN ANY EVENT, LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO PARAGRAPHS 7,8,9,10,11, and 12. YOU AGREE THAT SUCH BUSINESS OR PERSON AND ITS ASSIGNEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES MAY INVOKE ALL OF OUR RIGHTS UNDER THESE PARAGRAPHS.
12. TIME TO FILE LAWSUIT OR OTHER ACTION. YOU AGREE TO FILE ANY LAWSUIT OR OTHER ACTION YOU MAY HAVE AGAINST US OR OUR ASSIGNEES, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILLIATES OR PARENT COMPANIES WITHIN ONE (1) YEAR FROM THE DATE OF THE EVENT THAT CAUSED THE LOSS, DAMAGE OR LIABILITY.
13. INSTALLATION. We will install the equipment listed on the Schedule of Protection attached to this Contract in a workmanlike manner under the following conditions; A. Your premises will be available without interruption during our normal working hours; B. You understand that the installation will require drilling into various parts of your premises; C. You will provide us with 110 AC electrical outlets for our power equipment in locations designated by us; D. You will make arrangements for lifting and replacing carpeting, if required, for our installation of floor mats or wiring; E. You warrant that you (1) requested the equipment and services specified in the Contract for your own use and not for the benefit of any other party, (2) own the premises where the equipment is being installed or that you have the authority to authorize us to install such equipment in the premises, and (3) will comply with all laws, codes and regulations pertaining to the equipment we install and the services we provide under this Contract. Our intent is to conceal wiring in the finished areas of your premises. However, there may be areas where we determine, in our sole discretion, it is impractical to conceal the wiring. In such areas, wiring will be exposed. We shall not be liable for loss for water intrusion, mold, fungi, wet or dry rot or bacteria. The yard signs and window stickers shall remain the property of and may be removed by dealer or its assignee. Your right to display them on your property during the term of this Contract is not transferable.
14. LIMITED WARRANTY. During the first three (3) months after installation, we will repair or, at our option, replace any defective part of the system, including wiring and batteries, and will make any needed mechanical adjustments, all at no charge to you. We will use new or functionally operative parts for replacements. This limited warranty is for your benefit only, and may not be enforced by any other person. This limited warranty gives you specific legal rights. The laws of the state where this Contract was signed may also give you additional rights. For service call 800-662-5378.
15. EXTENDED LIMITED WARRANTY (Quality Service Plan). If you purchased our Extended Limited Warranty, we will repair or, at our option, replace any part of the System requiring such repair or replacement due to ordinary wear and tear or malfunction of the System not due to external causes. We will use new or functionally operative parts for replacements. The Extended Limited Warranty and the billing for it will commence as of the date the System is installed, operational, and the necessary communications connection is completed and will continue for the term of this Contract, except, you will after the three (3) month Limited Warranty Period, be charged a $25 trip charge for each service call during the Extended Warranty period. The Extended Limited Warranty will automatically renew for successive thirty (30) day terms at our then-current Extended Limited Warranty rate unless terminated by either parties written notice at least thirty (30) days before the end of the then-current term. If you purchase the Extended Limited Warranty after the initial system installation, your system must be in good working condition at the time of the Extended Limited Warranty services, charges for repair services will be billed to you based upon our service rates in effect at the time repair service is rendered. Such service rates are subject to change without notice. You acknowledge that it is your responsibility to make and pay for all repairs and replacements should any part of the Equipment be damaged by lightning, electrical surges, or other acts of God, fire, riot, war, terrorism, negligence, vandalism, or any external cause.
16. WARRANTY EXCLUSIONS. We perform warranty services only during our normal working hours. IF YOU REQUEST US TO PERFORM WARRANTY SERVICES OUTSIDE OUR NORMAL WORKING HOURS, YOU WILL BE REQUIRED TO PAY US FOR THE SERVICES AT OUR THEN APPLICABLE RATES FOR LABOR AND PARTS. THE LIMITED WARRANTY AND, IF PURCHASED, THE EXTENDED LIMITED WARRANTY DO NOT APPLY IF WE DETERMINE UPON INSPECTION THAT ANY OF THE FOLLOWING CONDITIONS CAUSED THE NEED FOR SERVICE: A. Damage resulting from accidents, theft, Acts of God, alterations or misuse; B. You fail to properly close or secure a door, window or other point protected by an alarm device; C. You fail to properly follow the operating instructions; D. Trouble in a telephone line, use of nonstandard telephone line or service (including but not limited to DSL, ADSL, VOIP, etc.) or due to interruption of power; E. Repairs needed to window foil, security screens, exterior mounted devices or PROM (Programmable Read Only Memory); F. Ordinary maintenance or wear and tear (not excluded as to Extended Limited Warranty/Quality Service Plan (QSP); G. Alterations to your premises; or II. Alterations to the system made at your request, or made necessary by a change to your premises, damage to your premises or the alarm system, or for any other cause beyond our control. We will not perform warranty services on any device not installed by us. You must furnish the necessary electrical power through your meter at your expense to obtain warranty services. 1. If you fail to test the Equipment at least weekly, we will not be responsible for any warranties or services provided under this Contract. Our obligation to provide replacement or repair service under this Contract shall be conditioned upon the continued availability of the original part or component from the original manufacturer.
17. NO OTHER WARRANTIES. OTHER THAN THE LIMITED WARRANTY AND, IF PURCHASED, THE EXTENDED LIMITED WARRANTY, WE MAKE NO GUARANTY OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES WE PERFORM OR THE SYSTEMS WE PROVIDE UNDER THIS CONTRACT. YOUR EXCLUSIVE WARRANTY REMEDY IS SET FORTH ABOVE. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME STATES MAY NOT ALLOW US TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY OR TO EXCLUDE OR LIMIT INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LAWS OF THE STATE WHERE THIS CONTRACT WAS SIGNED WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
18. REPAIRS AND PARTS REPLACEMENT. At your request we will repair or replace the equipment we provided at our then-prevailing prices after the Limited Warranty and, if purchased, the Extended Limited Warranty expires. At your request we will also repair or replace anything excluded from the Limited Warranty and Extended Limited Warranty at our then-prevailing prices.
19. ALARM MONITORING AND NOTIFICATION SERVICE. We will provide alarm monitoring and notification services and investigator response services if such services are subscribed to by you. If you have elected for us to provide alarm service that requires Police Response, Fire Department Response, Investigator Response service or Two Way Voice monitoring services and such an alarm is received at our alarm monitoring center, we may, at our sole discretion, attempt to contact you and/or anyone on your Emergency Information Schedule by telephone/Two Way Voice to confirm that the alarm is not false. If we fail to contact you and/or someone on your Emergency Information Schedule, or if we question the response we receive upon such contact, we will attempt to notify the appropriate police department or fire department or, if investigator response service is being furnished, we will for an alarm that requires police response, endeavor to dispatch a representative to make an investigation of the exterior of the premises from his vehicle and, upon evidence of an attack, we will attempt to notify the appropriate police department. You agree that we shall have no liability pertaining to any Two Way Voice communications or Internet Video recordings or their publication. If you have elected for us to provide Supervisory Alarm or Trouble Alarm monitoring services and such and alarm is received at our alarm monitoring center, we will attempt to notify the representative you designate. The person(s) identified on your Emergency Information Schedule are authorized to act on your behalf and the checked box persons are authorized to cancel an alarm prior to notification of authorities. You understand that the equipment we provide may not operate with other companies' alarm monitoring equipment. This may prevent you from using such equipment in the event you terminate our services. You understand that local laws, ordinances or policies may restrict our ability to provide the alarm monitoring and notification cervices described in this Contract. You understand that, upon receiving notification that a fire or carbon monoxide signal has been received by us, the police, fire department or other responding authority may forcibly enter your residence. WE WILL NOT ARREST OR DETAIN ANY PERSON. You acknowledge that if the phone service is disconnected in any manner whatsoever, or not working for any reason, alarm signals cannot be transmitted to a central station or to an outside monitoring facility, if applicable. You acknowledge that additional protection was made available to you and declined. We reserve the right to employ outside monitoring facilities and guard response services. You acknowledge that this Contract, particularly those paragraphs relating to disclaimers of warranties, limitation of liability, liquidated damages and indemnification, insure to the benefit of and are applicable to any outside monitoring facilities and guard response services employed by us, as well as ourselves, and that they bind you with respect to the monitoring facility and.or guard response service in the same manner and with the same force and effect that they bind you to us. Monitoring Services are initiated upon activation of the Equipment, receipt of satisfactory signals sent by the central station, and receipt of all necessary fire and police permits from you. We may have the ability to program the equipment from our facilities and you acknowledge that changes in the programming of the Equipment may be made upon request by you, upon default and/or termination of the Monitoring Services, or at our discretion if required to provide Monitoring Services.
20. FAMILIARIZATION PERIOD. UNLESS YOU HAVE REJECTED THE FAMILIARIZATION PERIOD (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), YOU AGREE THAT DURING A SEVEN (7) DAY FAMILIARIZATION PERIOD FOLLOWING COMPLETION OF THE INSTALLATIONS (AND DURING ANY APPLICABLE EXTENSIONS) WE HAVE NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL FROM YOUR PREMISES THAT IS RECEIVED AT OUR ALARM MONITORING CENTER. YOU ALSO AGREE THAT DURING SUCH PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT NOTIFY ANY AUTHORITIES, YOU OR YOUR DESIGNATED REPRESENTATIVE, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN ACTUAL EVERGENCY EVENT.
21. FAILURE TO PAY CHARGES OR HONOR CONTRACT. If you fail to make any payment when due or fail to honor any other term or condition of this Contract, we may stop providing the alarm monitoring and notification services and reprogram or disable the equipment with or without notice. You agree that you will grant us access to your residence to allow us to reprogram or disable the equipment. You agree that we have no liability if we stop providing the alarm monitoring and notification services and reprogram or disable the equipment. You agree that we are not required to redecorate or repair your premises. We do not waive our right to any other legal remedy, including our right to charge you a late fee at the highest legal amount for each month that a payment is not received or interest at the highest legal rate on the unpaid amount, by stopping to provide the monitoring and notification services or reprogramming or disabling the equipment.
22. SMOKE DETECTOR AND OTHER WARNINGS. Our electrical smoke detectors are designed to be connected to an electrical power source. THESE SMOKE DECTORS WILL NOT OPERATE, THE ALARM WILL NOT SOUND, AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED, IF THE ELECTRICITY IS CUT OFF AND THE BACKUP BATTERY , IF PART OF THE SYSTEM, IS LOW OR DEAR. If there is any fire, the electricity may cut off before the alarm can function and the alarm will not sound, and the alarm signal will not be transmitted. Connecting these smoke detectors to a separate dedicated electrical circuit increases their reliability. However, even dedicated circuits can fail. WE RECOMMEND THAT YOU INSTALL A BATTERY POWERED SMOKE DETECTOR AS A BACKUP SYSTEM. YOU SHOULD REGULARLY INSPECT YOUR SMOKE DETECTORS FOR DIRT AND DUST BUILD-UP AND TEST THEM WEEKLY TO MAINTAIN CONTINUED OPERATION. Smoke detectors can significantly help to reduce loss, injury and death. However, no matter how good any detection device is, nothing works perfectly under every circumstance. WE WARN YOU THAT A SMOKE DETECTOR WILL NOT ENSURE THAT YOU WILL NEVER SUFFER DAMAGE OR INJURY. Our battery-powered motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors, if installed under this Contract, are not connected to the electrical system of your premises. Such detections sensors require batteries to operate. THESE BATTERY POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE BATTERIEDS ARE LOW OR DEAD. You are responsible for maintaining the batteries. You should regularly inspect such sensors for dirt and dust buildup and test them weekly to help maintain continued operation. WE STRONGLY RECOMMEND THAT YOU CAREFULLY READ THE OWNER'S MANUAL FOR ALL EQUIPMENT. THE OWNER'S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATION INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE PROCEDURES. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.
23. COMMUNICATION FACILITIES. A. AUTHORIZATION. You authorize us, on your behalf, to request services, orders or equipment from a telephone company or other company providing signal transmission services or facilities under this Contract (referred to as "Telephone Company"). B. DIGITAL COMMUNICATOR. You understand that a digital communicator, if installed under this Contract, uses standard telephone lines for sending signals which eliminates the need for a dedicated telephone line and the costs associated with such dedicated lines. YOU ALSO UNDERSTAND THAT WE WILL NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH OR IS OTHERWISE DAMAGED, OR WHEN ANY NON-STANDARD TELEPHONE LINE OR SERVICE (INCLUDING BUT NOT LIMITED TO DSL, ADSL, VOIP, ETC.) IS BEING USED. C. DERIVED LOCAL CHANNEL. The Telephone Company's services provided to you in connection with our services may include Derived Local Channel service. Such service may be provided under the Telephone Company's service marks or service names. These services include providing lines, signal paths, scanning and transmission. You agree that the Telephone Company's liability is limited to the same extent our liability is limited in Paragraphs 5, 6, 7, 8, 9 and 10 of this Contract. D. RADIO AND INTERNET INTERFACE. You understand that if your alarm system is connected to our alarm monitoring center by radio frequency or internet connection method there may be times when the system is unable to acquire, transmit or maintain an alarm signal. Such radio frequency and internet methods include cellular or private radio or through an internet communication facility or internet service provider(s). If a radio frequency or internet connection is utilized, we recommend you also use an additional method of communication to connect to our alarm monitoring center.
24. CANCELLATION. We may, at any time, cancel this Contract at our option if : A. Our alarm monitoring center is destroyed or damaged so that it is impractical for us to continue service; B. We cannot acquire or retain the transmission connections or authorization to transmit signals between your premises and our alarm monitoring center or the applicable fire or police department or other agency, or between our alarm monitoring center and the applicable fire or police department or other agency; C. You fail to follow our recommendations to repair or replace any defective parts of the system not covered under the Limited Warranty or Extended Limited Warranty, if purchased; D. You fail to follow our operating instructions for the system; or E. We determine that it is impractical to continue service due to the modification or alteration of your premises after installation. If we cancel for any of the reasons stated immediately above, we will refund any advance payments made for services to be supplied after the date of such termination, less any amounts still due for the installation of the equipment, for services already rendered, and for any other charges due, but we will not be liable for damages or subject to penalty as a result of such termination. We may cancel this Contract with or without notice at our option if: A. You fail to pay any monies when due under this Contract; B. You fail to comply with any other term or condition of this Contract; or C. You fail to maintain your premises in a safe and sanitary condition. If we cancel for any of the reasons stated immediately above, we will not be liable for damages or subject to penalty as a result of such termination. In the event of a default and/or termination of the Contract, we have the right under this Contract to reprogram or disconnect your Equipment so that it no longer communicates with the central station, without notice to you. In the event that we must make a service call to the Monitored Location to terminate the transmission of signals to our central station, you shall pay $50 to us as a disconnect fee. In the event you do not permit us to reprogram or disconnect the Equipment so that it no longer communicates with our central station, you will be responsible for the Monitoring Services charges under the Contract as long as the Equipment is sending signals to our central station.
25. ASSIGNMENT. THIS CONTRACT IS NOT ASSIGNABLE BY YOU EXCEPT UPON OUR WRITTEN CONSENT. WE SHALL HAVE THE RIGHT TO ASSIGN THIS CONTRACT TO ANY OTHER PERSON, FIRM, OR CORPORATION WITHOUT NOTICE TO YOU. WE SHALL HAVE THE FURTHER RIGHT TO SUBCONTRACT ANY INSTALLATION AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, MONITORING SERVICES AND/OR LIMITED WARRANTY/EXTENDED LIMITED WARRANTY SERVICES WITH WHICH WE MAY PERFORM. YOU ACKNOWLEDGE THAT THIS CONTRACT AND PARTICULARLY THOSE PARAGRAPHS RELATING TO OUR LIMITED LIABILITY, DISCLAIMER OF WARRANTIESE, AND THIRD PARTY INDEMNIFICATION INURE TO THE BENEFIT OF AND ARE APPLICABLE TO ANY ASSIGNEES AND/OR SUBCONTRACTORS WITH THE SAME FORCE AND EFFECT AS THEY BIND YOU TO US. YOU FURTHER ACKNOWLEDGE THAT AN ASSIGNEE OF THIS CONTRACT SHALL NOT BE RESPONSIBLE FOR CLAIMS, LIABILITIES, OR DAMAGES WHICH ACCRUED PRIOR TO THE DATE OF SUCH ASSIGNMENT.
26. DELAYS. WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON FOR DELAYS IN THE INSTALLATION OR REPAIR OF THE SYSTEM OR THE PERFORMANCE OF OUR SERVICES, REGARDLESS OF THE REASON, OR FOR ANY RESULTING CONSEQUENCES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE, OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, OR ANY OTHER CAUSE BEYOND OUR CONTROL. DURING ANY SUCH SERVICE INTERRUPTION, WE HAVE NO OBLIGATION TO SUPPLY YOU SUBSTITUTE SERVICES.
27. ELECTRONIC MEDIA. You agree that we may scan, image or otherwise convert this Contract into an electronic format of any nature. You also agree that a copy of this Contract produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. Likewise, you agree that ADT's receipt by fax of the Contract signed by you legally binds you and such fax copy is legally equivalent to the original for any and all purposes, including litigation.
28. MEDICAL " You understand and accept that we specifically disclaim any responsibility for Services associated with the notification or dispatching of paramedics, doctors, and other medical personnel and/or ambulance services and if there are any charges incurred as a result of said notification, said charges shall be your responsibility, whether requested or not and whether such entities were correctly or incorrectly notified by us.
29. TESTING: It is your responsibility to test the Equipment weekly.
30. THIRD PARTY INSTALLATIONS: In the event your Equipment was not installed by us or our subcontractor, we make no warranty or representation that the equipment will function properly and we reserve the right to terminate our obligations under this Contract at any time with written notice to you. You acknowledge that if the Equipment was installed by a third party, that the relationship between us and the third party is that of principal and independent contractor, and not of an employer and employee.
31. NOTICES AND GENERAL LEGAL MATTERS: A. Unless otherwise provided in the Contract, all notices under this Contract are to be signed and dated, in writing, and are to be sent by US Mail, postage prepaid, addressed to us or you at the address shown on the front of this Contract. We will notify each other in writing of any change of address for the purpose of giving notice under this Contract. Notices are effective five (5) days after the date sent. B. If a court determines that any provision of this Contract is invalid or unenforceable, that provisions shall be deemed amended and enforced to the maximum permitted by state law, however, each and every other provision of this Contract shall continue to be valid and enforceable. C. The accompanying Emergency Information Schedule, Schedule of Protection, and any applicable riders or addendums are incorporated into and made part of this Contract.
32. INSPECTION SERVICE: Where Inspection Service is provided under this Contract, we will perform periodic inspections of the Equipment in the manner and frequency indicated on the front side of this Contract. You authorize us to make any repairs necessitated by damaged or malfunctioning Equipment noted during such an inspection. You further agree to pay us for service and equipment charges in connection with those repairs at the then current rates charged by us unless you purchased Extended Limited Warranty Service under the terms listed in this Contract.
33. INVESTIGATOR RESPONSE SERVICE: Where Investigator Response Service is provided under this Contract, we have entered into a separate agreement with an Investigator Response Service to provide investigator response at your option. Neither we nor the Investigator Response Service will be liable for our or Investigator Response Service's failure to perform hereunder due to acts of God, fire, strikes, work stoppages, difference with workmen, restrictions imposed by government agencies, war, riot, or any cause beyond our or the Investigator Response Service's control as the case may be. Investigator Response Service may be terminated or substituted at anytime at our option.
34. ENTIRE CONTRACT. THIS CONTRACT AND THE ACCOMPANYING SCHEDULE OF PROTECTION AND EMERGENCY INFORMATION SCHEDULE CONSTITUTE OUR ENTIRE CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY OUR AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT SHALL GOVERN EVEN IF YOU SUBMITTED A PURCHASE ORDER OR OTHER DOCUMENT WITH INCONSISTENT OR ADITIONAL TERMS AND CONDITIONS.
35. LICENSE INFORMATION: AL Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., PMB 292, Montgomery, AL 36116 (334) 264-9388: AR Regulated by Arkansas Bd. Of Private Investigators & Private Security Agencies, #1 State Police Plz. Dr., Little Rock, AR 72209 (501) 618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814. Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act: NM The Construction Industries Licensing Act does not protect the consumer if the contractor defaults,; NY licensed by NYS Dept of State: NC Alarm Systems Lie'g Bd., 1621 Midtown Pl., Ste. 104, Raleigh, NC 27609 (919) 875-3611: TX Texas Commission on Private Security, 5805 N. Lamar Blvd., Austin, TX 78752-4422, (512) 424-7710.
*Activation Fees may apply
Effective as of October 1, 2007
How We Collect Your informaion.
Information We Collect
We collect various types of Customer Information. A summary of the types of information that we collect is set forth below:
-Customer Contact Information. Your Customer Contact Information is any information needed to contact you and fulfill your orders and requests such as your name, address, phone number, fax number, and email address.
-Private Customer Information. Private Customer Information is that information that may be necessary to check credit and process payments. Such information includes your Social Security Number, credit card information, and banking and wiring information.
-Customer Order Information. Customer Order Information is that information necessary to complete your orders and requests for information. Such information may include your Customer Contact Information, programming and packaging selections, your billing and shipping information, as well as other details pertaining to your order of products and services through us.
-Demographical Information. Demographical Information is publicly available information that we may learn about you regarding such things as your age, income, home ownership, household size, etc. that helps us to provide you with better offers for products and services.
-Website Usage Information. Website Usage Information is information that we collect that tells us about the way you use and navigate through our websites.
Clear Link Technologies, LLC has implemented a variety of encryption and security technologies and procedures to protect information stored in our computer systems from unauthorized access. We also maintain procedural safeguards that restrict access to your Customer Information to employees (or people working on our behalf and under confidentiality agreements) who need to know your Customer Information in order to provide the products and services that you request.
Use and sharing of customer information
All of your Customer Information is used in an effort to process your orders and requests and to provide you with the products and services you desire. We may share your Customer Information with third parties in order to complete your purchases of products and services as described below. In addition, your Customer Information may be used and shared in an effort to present to you other special offers and promotions that may become available. The extent to which we use and share your Customer Information depends upon the nature of and purpose for which we use and share it. A summary of how we share your Customer Information with third parties is set forth as follows:
-With Third Party Product and Service Providers. We share your Customer Information, as needed, to the third parties who actually provide the products and services you request. We frequently act as a third party marketer and seller of various brand name products and services, and we provide these companies with the information necessary to carry out your orders. How these companies use your Customer Information, once we have passed it on to them, is governed by their respective privacy policies and procedures.
-With Third Party Advertisers. Although we never share your Private Customer Information with any third parties, except with the Third Party Product and Service Providers described above, we may share other types of your Customer Information with third party advertisers who are able to use that information to provide you with special offers or promotions. The ways in which such advertisers may subsequently use your Customer Information is governed by their own privacy policies and procedures. You may opt out from having us share your Customer Information with Third Party Advertisers by following the steps in the next section.
To opt out from receiving further communications from us regarding other offers and promotions, or to opt out from having your information shared with any Third Party Advertisers, you may email us at email@example.com or write to Clear Link Technologies, LLC, Privacy Department, 5202 W. Douglas Corrigan Way, STE 300, Salt Lake City, Utah 84116. Additionally, you may opt-out by visiting the website at http://clear-link.com/unsubscribe.
IMPORTANT - PLEASE READ: By providing your contact information, including your telephone number, on this Web site, you are expressly granting us permission to contact you even though you may have previously chosen to have your telephone number added to any Do-Not-Call List including lists maintained by us, or any local, state or federal government agency. In addition, your state may have laws that prevent us from calling you on your mobile/cellular telephone. If you use a mobile/cellular telephone as your primary means of communication, please call us toll-free in the U.S. and Canada at 1-800-580-5494.
Access to information
Should you have any questions about the Customer Information we have about you or to access your information that we have on file, you may email us at firstname.lastname@example.org or write to Clear Link Technologies, LLC, Privacy Department, 5202 W. Douglas Corrigan Way, STE 300, Salt Lake City, Utah 84116. We may ask you to pay an administrative fee for accessing or copying your information, but will inform you of the anticipated charges and confirm that you want us to proceed before processing your request. If you believe that the Customer Information about you that we have collected is incomplete or inaccurate, Clear Link Technologies will correct the information upon verification of the omission or error and that the person requesting the change is the person about whom the Customer Information relates.
If You Are a Resident of California
If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your Customer Information with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information:
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such requests is email@example.com.