ADT may change these Terms by notifying you of such changes by any reasonable means, including by posting revised Terms through this Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your use of this Site following any changes to these Terms will constitute your acceptance of such changes. You agree to review these Terms periodically to be aware of any changes. The “LAST UPDATED” legend above indicates when these Terms were last changed.
These Terms govern use of this Site. If you do not comply with these Terms, ADT may, in its sole discretion and without notice, block, or restrict your access to this Site and/or pursue legal action against you.
If you are an individual, you must be an adult of at least 18 years of age to use this Site or any of its features. By accepting these Terms, you confirm that you are an adult of at least 18 years of age. If you are an entity, by accepting these Terms, you confirm (through your authorized representative) that your authorized representative is an adult of at least 18 years of age.
INDEMNITY AND LIMITATIONS OF DAMAGES
You agree to indemnify, defend, and hold harmless ADT, its affiliates, parents, and subsidiaries, and each of their officers, directors, shareholders, employees, agents, licensors, suppliers, and third-party information providers, against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, incurred in relation to or arising from (a) your use of this Site or any of its features, (b) your breach of these Terms or any other ADT Contract, (c) your violation of any applicable law, regulation, or any third party’s rights, or (d) any of your Submissions, as defined below.
IN NO EVENT SHALL ADT, ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, OR EMPLOYEES, BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA ON YOUR INFORMATION PROCESSING DEVICE (“IPD”) THAT ARE RELATED TO USING OR THE INABILITY TO USE, THE CONTENT, MATERIALS, FUNCTIONS, OR SERVICES OF THIS SITE OR ANY OF ITS FEATURES, EVEN IF ADT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADT is not considered to have defaulted if, due to any of the following, it is unable to perform any of its duties or obligations: acts of God; acts of government; fire; war; civil unrest; accidents; power fluctuations or outages; outages, delays, failure, or degradation in telecommunications, ISP, or ASP services; hostile attacks by a third party against computer systems or networks, public network, or Internet congestion; mechanical defects; or other similar events beyond the control of ADT or any of its affiliates.
YOU ARE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE OR ANY OF ITS FEATURES.
LINKING TO THIS SITE
YOU ARE CONSIDERED TO HAVE AGREED TO THESE TERMS BY LINKING TO THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT LINK TO THIS SITE.
If you link to this Site, you are also considered to have agreed that you:
This Site contains features (each such feature, an “Online Payment Service”) that permit you to access the ADT accounts you (a) register on this Site, and (b) with respect to any Recurring Payment (as hereinafter defined), for which you have provided an Authorization (as hereinafter defined) (individually and collectively, “Account”), and to make one-time or recurring payments on the Account electronically using automated clearing house (“ACH”) payments from your checking/savings account or credit/debit card (American Express, Discover, MasterCard or Visa). ADT may add additional online services to this Site in the future. ADT reserves the right at its sole discretion and without notice to (a) modify or discontinue any features of this Site at any time, (b) offer specific features of this Site only to specific customers meeting applicable qualifications, or (c) change any fee that may be required to use or to commence charging a fee to use this Site or any of its features.
By registering a user name, a password and an Account on this Site, and/or by using any features of this Site, you represent that you are the ADT customer of record, or have legal authority to act on that person's behalf, for the Account you enrolled on this Site.
As a condition of using this Site or any of its features, you must comply with all applicable federal, state, and/or local laws, rules, and regulations. You are solely responsible for being informed about any such laws, rules, and regulations. If ADT has any reason to suspect that you are violating any applicable law, rule, or regulation, ADT may investigate the suspicion and determine in its sole discretion whether to notify the proper authorities, terminate your access to this Site, any of its features, or seek any other remedy available under these Terms, any other ADT Contract or applicable law. You agree that ADT may, without notice to you, disclose any of your electronic communications of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect ADT’s rights or property or the rights or property of any third party.
RULES OF CONDUCT
In connection with this Site, you must not:
You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed to use this Site.
ADT EASYPAY SERVICE
If you signed up for the ADT “EasyPay Service” by submitting an authorization (the “Authorization”) allowing ADT to initiate monthly payments (“Recurring Payments”) of amounts due on the Account specified in such Authorization via (i) ACH debit entries to the checking or savings account (“Bank Account”), or (ii) charges to the American Express, VISA, MasterCard, or Discover credit/debit card (“Credit/Debit Card”), in either case, as specified in such Authorization, you have agreed that your use of the EasyPay Service is governed by these Terms. The Terms contained in this Section entitled “ADT EASYPAY SERVICE” govern the EasyPay Service only.
Each monthly Recurring Payment debited/charged to the specified Bank Account/Credit/Debit Card will be in the full amount then due on the applicable Account including, without limitation, amounts due for monthly standard service charges, optional and additional services, equipment purchased from ADT and all applicable taxes, fees, and surcharges thereon, in each case as reflected on your monthly ADT bill (“ADT Bill”) for such Account. You also authorize ADT to debit/credit/charge the specified Bank Account/Credit/Debit Card for any refunds or other billing adjustments owed to or by you on the specified Account. ADT will automatically debit/charge the specified Bank Account/Credit/Debit Card for Recurring Payments until you terminate the Authorization in the manner described in these Terms.
It may take up to thirty (30) days after you have signed up for the EasyPay Service before ADT begins debiting/charging the specified Bank Account/Credit/Debit Card to pay the specified Account (the “Transition Period”). You should contact your Bank Account/Credit/Debit Card provider to determine when those debits/charges have begun. You are responsible for (a) using another method to pay the specified Account during the Transition Period, and (b) late charges, interest, termination of service, and other penalties that you may incur as a result of your failure to pay the specified Account when due during the Transition Period.
Debits/charges to the Bank Account/Credit/Debit Card may be rejected by (a) the financial institution where the specified Bank Account is maintained (“Financial Institution”), or (b) the issuer of the specified Credit/Debit Card (“Credit/Debit Card Issuer”) for any reason. You authorize and direct the Financial Institution/Credit/Debit Card Issuer to honor all debits/charges to the specified Bank Account/Credit/Debit Card initiated by ADT under the EasyPay Service. If ADT is unable to debit/charge the specified Bank Account/Credit/Debit Card to pay your ADT Bill for any reason, you shall immediately pay such ADT Bill using another payment method. If any debit/charge to the specified Bank Account/Credit/Debit Card is returned unpaid by the Financial Institution/Credit/Debit Card Issuer for any reason, ADT may charge, and you agree to pay, a returned payment fee permitted under applicable law. ADT may re-process returned debits/charges for a period of thirty (30) days after they were rejected. ADT retains the right to exercise any other legal remedy, including, but not limited to, the right to impose a late fee and interest and the right to report you to one or more consumer reporting agencies should you become delinquent on your Account (more than 90 days without a payment), all consistent with the terms and conditions of your ADT Contract. Subsequently scheduled Recurring Payments may also be canceled. Notwithstanding that you have subscribed to use the EasyPay Service to pay your ADT Bill, (a) you continue to be responsible under your ADT Contract to pay all amounts due under the ADT Contract on or before the date they are due, and (b) ADT may seek all remedies available to it under the ADT Contract, these Terms, or applicable law if you fail to pay amounts due under your ADT Contract on or before their due date for any reason.
You represent and warrant to ADT that (a) you are the owner or the authorized agent for the owner of the Bank Account/Credit/Debit Card, and (b) debits/charges to the specified Bank Account/Credit/Debit Card in accordance with the terms above will not be disputed. You acknowledge that the origination of debits/credits/charges to your Bank Account/Credit/Debit Card must comply with the provisions of U.S. law.
ADT will debit/charge the specified Bank Account/Credit/Debit Card for the amount necessary to pay each of your ADT Bills. Your ADT Bills contain an itemized list of charges to your Account during the applicable billing period and notify you of increases or decreases in the Recurring Payments to be debited/charged to the specified Bank Account/Credit/Debit Card. ADT will deliver your ADT Bill to you at least ten (10) days prior to debiting/charging the specified Bank Account/Credit/Debit Card.
Recurring Payments will be debited/charged to the specified Bank Account/Credit/Debit Card to pay your ADT Bill no earlier than three (3) business days prior to the due date set forth on that bill. You shall promptly review each of your ADT Bills and give ADT written notice of any errors or disputed charges therein within thirty (30) days of receiving such ADT Bill. If you inform ADT that an error exists or that you dispute a charge on your ADT Bill, ADT will attempt to correct that error or rectify that dispute prior to sending your next ADT Bill to you. ADT BEARS NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF (A) INSUFFICIENT FUNDS AVAILABLE AT THE TIME ADT DEBITS/CHARGES THE SPECIFIED BANK ACCOUNT/CREDIT/DEBIT CARD TO PAY YOUR ACCOUNT, (B) AN ERRONEOUS ADT BILL OR STATEMENT, (C) ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR BANK ACCOUNT/CREDIT/DEBIT CARD IS DEBITED/CHARGED, OR (D) YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID INFORMATION.
ADT may terminate the EasyPay Service at any time by giving you written notice at least thirty (30) days prior to such termination. You may revoke the Authorization at any time by contacting ADT at 1-800-238-2727, an account representative will be happy to assist you. In order to terminate the Authorization for the next payment on your Account using the EasyPay Service, ADT must receive such termination request at least ten (10) days prior to next date on which ADT is scheduled to debit/charge the specified Bank Account/Credit/Debit Card.
If at any time you change the specified Bank Account/Credit/Debit Card information used to make Recurring Payments, the Authorization will apply to the new Bank Account/Credit/Debit Card then specified as your payment source in this Site.
To use any ADT Online Payment Service, you must have an Account, be properly enrolled on this Site, have access to the Internet, use a compatible Internet browser and have an email address that is on file for your Account (“Your Email Address”). ADT reserves the unqualified right to accept or decline to accept an application to enroll in any ADT Online Payment Service.
You must use a username and password (“Password”) to access this Site and certain features available on this Site. In order to use certain features available on this Site, you may be required to maintain a Password that is different from the Password used to access this Site. Your Password has the same effect as your written signature and can be used to access your Account information. Anyone with knowledge of your Password can gain access to your Account information. You must keep your Password and access to your Account information confidential at all times. You should not provide your Password or access to your Account to any other party. You are responsible for keeping your Password confidential and protecting it against improper and unauthorized use. No one from ADT will be authorized to provide your Password to you, but administrators of the Online Payment Services may provide a temporary password to you after you have provided information sufficient to validate your Account. You are also solely responsible for restricting access to any IPD you use to access this Site. You are solely responsible for any and all transactions, entries, or instructions initiated by or through the use of your Password, and any and all claims, losses, damages, expenses, and costs incurred by the improper or unauthorized use of your Password and/or the use of your Password by others. You must notify ADT immediately if you believe that your Password has been lost or stolen, that someone has improperly accessed your Account without your permission, or that the security of your Password has been compromised in any way. In such event, you can reset or change your Password online by using the Forgot Password functionality at myadt.com, use the Contact ADT forms at http://www.adt.com/home-security/contact-adt, or call 1-800-238-2727. If you have forgotten your username and/or Password, online reminder capabilities are available to assist you in resetting your username and Password by using the forgotten username and forgotten Password functionality and being asked your security question. ADT reserves the right to reset your Password.
You acknowledge that this Site and your Account information contain ADT proprietary trade secrets and you hereby agree to maintain the confidentiality of this Site and your Account information using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to communicate these Terms to all persons who will have access to your Password and your Account Information, and to require such persons to be bound by similar confidentiality obligations.
You have no ownership rights in the Account or your Account information. Rather, you have a license to use this Site and access your Account information as long as these Terms remain in force and effect. You understand and agree that ADT may revoke your use of this Site or your Account information at any time in ADT’s sole discretion. Ownership of this Site and your Account information, and all intellectual property rights therein shall remain at all times with ADT and its licensors. ADT expressly reserves all rights not granted to you herein. You may not remove any proprietary notices from your Account information. Any other use of this Site and your Account information by any person, business, corporation, government organization, or any other entity other than the uses permitted under these Terms is strictly forbidden.
Site visitors may make available certain materials (each, a “Submission”) through or in connection with this Site, including on profile pages or on this Site’s interactive services, such as message boards and other forums, and chatting, commenting, and other messaging functionality (each, a "Forum"). ADT has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK.
ADT may (but has no obligation to) monitor, evaluate, or remove Submissions before or after they appear on this Site. ADT may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.
LICENSE TO SUBMISSIONS
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to ADT a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to ADT any ideas, proposals, suggestions or other materials (“Feedback”), whether related to this Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place ADT under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with this Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
EMAILS FROM ADT
If any feature of this Site provides capability of receiving only paperless bills from ADT and you have signed up for that feature, or if you have signed up for the ADT EasyPay Service, you will automatically receive email notifications when ADT issues your bill. These notifications will be sent to Your Email Address. Additionally, ADT will deliver all other written notices it provides to you about your ADT Contract or your Account to Your Email Address including, without limitation, payment reminders, default notices, late payment notices and termination notices. If you have signed up for any of these services, you may not “opt-out” of receiving these email communications.
You hereby represent and warrant to ADT that you are the owner of Your Email Address and that you are the only person who views emails delivered to Your Email Address. ADT cannot and does not warrant, assure, or guarantee the integrity, accuracy, confidentiality, or security of any emails delivered to Your Email Address of or from any unauthorized or unexpected use, disclosure, corruption, interception, or other improper act (collectively, "Security Risks"). You hereby release and discharge ADT of and from all Security Risks and any and all loss, damage, and liability caused by the Security Risks. You further agree, upon demand by ADT, to indemnify, defend, and hold harmless ADT from any, and all claims from third parties arising from any loss, damage, and liability caused by the Security Risks.
You shall immediately provide ADT with written notice of any changes to Your Email Address by (a) using the applicable Account edit functions on this Site, or (b) calling ADT at or 1-800-238-2727 or using the Contact ADT forms at http://www.adt.com/home-security/contact-adt.
ADT will endeavor to update Account balance and activity information daily. However, ADT shall not be liable to you or any third party for (a) your inability to receive electronic messages, access this Site, or any of its features, or (b) any delay or failure to update any Account information.
PAYMENT OF ADT BILLS
It is your sole responsibility to pay your Account on time to avoid late fees, collection activities or discontinuation of service. ADT is not liable for your failure to pay your Account on time for any reason including, without limitation, due to unavailability of this Site or any of its features.
If you pay your Account using any ADT Online Payment Service (whether such is a onetime payment feature or the EasyPay Service), you have inputted savings/checking account or credit/debit card information to make such payments (“Your Payment Source”). It is your responsibility to ensure that you are entering valid savings/checking account or credit/debit card information as Your Payment Source. If you use an ADT Online Payment Service that allows you to schedule recurring payments of your Account from Your Payment Source and (a) Your Payment Source changes for any reason, or (b) you desire to change the savings/checking account or credit/debit card information used as Your Payment Source, you must promptly notify ADT of those changes by either (a) using the applicable edit functions found on his Site, or (b) calling ADT at or 1-800-238-2727 or using the Contact ADT forms at http://www.adt.com/home-security/contact-adt. Payments initiated under any ADT Online Payment Service will continue to be processed against Your Payment Source until that information is changed as provided herein. If you fail to timely notify ADT of such changes, you shall be responsible for all late charges, interest, termination of service and other penalties that may be caused by the resulting failure to pay your Account on a timely basis. ADT bears no liability or responsibility for such failure. ADT’s only responsibility is to promptly make appropriate changes in the information you provide after ADT has received notice of same in the manner described above. Any changes you make in the specified information used as Your Payment Source will become effective within thirty (30) days after ADT receives notice of same in the manner specified above. Note that ADT may receive updated credit/debit card account information directly from your credit/debit card issuer.
If ADT receives any Account payment through any Online Payment Service by 2:00 pm (EST) on any recognized banking business day in Florida, ADT will post that payment to that Account as of the same day. If ADT receives any Account payment through any Online Payment Service after 2:00 p.m. (EST) or on any non-banking business day in Florida, ADT will post that payment to that Account as of the next Florida banking business day. However, it may take several days for ADT to process these payments after they are received and several more days for those payments to display.
As a user of this Site and any of its features, you are responsible for ensuring that your contact and other required information, such as your name and email address, is current, accurate, and updated promptly. Changes to your contact information can be made by you (a) using the applicable Account edit functions on this Site, or (b) calling ADT at or 1-800-238-2727 or using the Contact ADT forms at http://www.adt.com/home-security/contact-adt.
If you want ADT to send notices, invoices and other communications to an authorized legal representative, you must provide ADT with written authorization signed by you providing such instruction to ADT.
Currently, ADT does not charge fees for using this Site or any of its features. ADT reserves the right to, after the date hereof, charge fees for using this Site or any of its features without providing any prior notice to you. You are bound by any rules and responsible for any fees of any third party such as your checking/savings account provider, credit/debit card issuer, Internet service provider, email service, and any other fees charged by third parties related to your use of this Site or any of its features. Check with your financial institution and/or the credit/debit card issuer to determine if you will be charged any fees by it for using any pre-authorized payment option available on this Site.
You are solely responsible for the accuracy of the information you input into this Site or any of its features and any charges, interest, or fees imposed by Your Payment Source as a result of your participation in any Online Payment Service. In addition, if your payment is ever rejected, you will be responsible for paying any fees, charges, and/or interest assessed against and/or by ADT by reason of such rejection.
You may choose to cancel the Recurring Payment Authorization at any time in the manner set forth above. You may choose to cancel your use of any other Online Payment Service at any time without fee by (a) selecting that option on the screen providing such Online Payment Service (b) using the applicable Account edit functions on this Site, (c) calling ADT at or 1-800-238-2727 or (d) using the Contact ADT forms at http://www.adt.com/home-security/contact-adt. Within ten (10) days after ADT’s receipt of your cancellation request, such cancellation will become effective.
You may contact or send notices to ADT using the applicable phone numbers, and/or email addresses found in the “Contact Us” section of this Site. Notices to you (including notices of changes to these Terms) may be made via posting to this Site or by e-mail (including in each case via links), or by regular mail.
Subject to your compliance with these Terms, and solely for so long as you are permitted to do so by ADT (a) ADT grants to you a non-exclusive, non-transferable, revocable, non-sublicensable, limited right to access and use this Site, its features, and the materials thereon, solely for your personal, non-commercial purposes, and (b) ADT grants to you a non-exclusive, non-transferable, revocable, non-sublicensable, limited right to install the App on a mobile device that you own or control. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease accessing or using this Site, and remove (that is, uninstall and delete) the App from your mobile device.
Except as expressly provided herein, ADT does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
Please direct any inquiries relating to a proposed use of the information and other content on this Site to:
ADT LLC, Inc.
Law Department — Copyright Permission Requests
One Town Center Road
Boca Raton, FL 33486
Please provide a cover letter explaining your proposed use.
ADT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.
THE MATERIALS AND INFORMATION AVAILABLE THROUGH THIS SITE (INCLUDING THIRD PARTY MATERIALS, AS DEFINED BELOW) MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. ADT DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH MATERIALS OR INFORMATION, OR ANY ADVICE, OPINION, STATEMENT, OR MEMORANDUM AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIALS, INFORMATION, ADVICE, OPINION, STATEMENT, OR MEMORANDUM SHALL BE AT YOUR SOLE RISK. ADT RESERVES THE RIGHT (BUT DOES NOT HAVE THE OBLIGATION), IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. ADT MAY MAKE ANY OTHER CHANGES TO THIS SITE AND ITS SERVICES AND FEATURES, AND THE MATERIALS, INFORMATION, PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) PROVIDED OR DESCRIBED ON, OR OTHERWISE AVAILABLE THROUGH, THIS SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND ITS SERVICES AND FEATURES, AND THE MATERIALS AND INFORMATION AVAILABLE THROUGH THIS SITE, ARE PROVIDED “AS IS” AND ADT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION THEREWITH, AND ADT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH SERVICES, FEATURES, MATERIALS, OR INFORMATION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You may use this Site and each of its features at your sole risk. Although ADT attempts to create a secure and reliable service, the confidentiality and security of any communication transmitted or accessible over the Internet (including in connection with this Site) cannot be guaranteed.
THIRD PARTY MATERIALS; LINKS
Certain Site functionality may make available access to materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing ADT to access, route, and transmit to you the applicable Third Party Materials.
ADT neither controls nor endorses, nor is ADT responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by ADT with respect to any Third Party Materials. ADT has no obligation to monitor Third Party Materials, and ADT may block or disable access to any Third Party Materials (in whole or part) through this Site at any time. In addition, the availability of any Third Party Materials through this Site does not imply ADT’s endorsement of, or ADT’s affiliation with, any provider of such Third Party Materials, or that ADT or the provider of any Third Party Materials is authorized to use any trademark, service mark or trade name of the other party, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
This Site and each of its features are operated and administered from within the United States of America (“U.S.”). Use of this Site and each of its features shall be governed by all applicable federal laws of the U.S. and the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Florida, for the resolution of all disputes arising from or related to these Terms and/or your use of this Site or any of its features.
These Terms, any other terms you may have to agree to in order to use any features available on this Site (“Other Website Terms”), any Authorization you may have given and your ADT Contract constitute the entire agreement between ADT and you (the “Agreement”) with respect to your use of this Site and any of its features. If any provision of these Terms conflict with the Other Website Terms, any Authorization or your ADT Contract, the more stringent provision, as determined by ADT in its sole discretion, shall take precedence and control. Any cause of action you may have with respect to your use of this Site or any of its features must be commenced within one (1) year after the claim or cause of action arises or the shortest duration permitted under applicable law if greater than one (1) year. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent permissible in that jurisdiction so as to effect the intent of the Agreement, the remainder of these Terms shall continue in full force and effect in that jurisdiction and the entire Agreement shall continue in full force in effect in all other jurisdictions.
Please print or otherwise retain a copy of these Terms for your files. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The trademarks, trade names, logos, service marks, trade dress, and products (collectively the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of ADT and others. The Trademarks in this Site are protected in the United States and internationally.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of ADT or such third party that may own such Trademark. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that ADT may aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to, ADT. All content of this Site is owned or controlled by ADT. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content of this Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used, except as provided herein, unless you obtain the prior written consent of ADT’s Law Department.
ADT maintains this Site for your personal information, education, and communication. Please feel free to browse this Site in accordance with these Terms. You may download material displayed on this Site for personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the materials.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Site infringe your copyright, you (or your agent) may send to ADT a written notice by mail, e-mail or fax, requesting that ADT remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to ADT a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to ADT as follows: by mail to ADT Law Department, Intellectual Property, ADT LLC, 1501 Yamato Road, Boca Raton, Florida 33431, by e-mail to firstname.lastname@example.org, or by telephone at (800)-ADT-ASAP ((800)238-2727).
ADT suggests that you consult your legal advisor before filing a DMCA notice or counter-notice.
You are responsible for complying with U.S. export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
ADT hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that ADT does not endorse any of the products or services listed on such sites.
INFORMATION OR COMPLAINTS
If you have a question or complaint regarding this Site, please send an e-mail to email@example.com. You may also contact us by writing to Privacy, ADT LLC, 1501 Yamato Road, Boca Raton, Florida 33431 or by calling us at (800)-ADT-ASAP ((800)238-2727). Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ADT. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without ADT’s express prior written consent. ADT may assign, transfer, or sublicense any or all of its rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”
TERMS APPLICABLE TO iOS APP
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to ADT in accordance with the “Information or Complaints” section above. The license you have been granted herein to the App is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, ADT’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
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