Terms of Use – App
Valarm™ Terms of Use
These Terms of Use govern your use of the Valarm™ location tracking products and/or applications and services (the “Services”). Please also read the Terms of Use located on http://www.valarm.net/tos-web (the “Valarm™ Website”), which govern your use of the Valarm™ Website.
1. Agreement to Terms.
You agree to these Terms of Use in consideration of, and as a condition to, being allowed to use the Valarm™ Service (defined below). Establishing a Valarm™ account to access the Valarm™ Service constitutes and indicates your acceptances of these Terms of Use.
2. Definitions.
The following definitions apply to these Terms of Use:
- “Valarm™” means Valarm, LLC. and its subsidiaries.
- “Valarm™ Site” means www.valarm.net, tools.valarm.net, and all Valarm™ related web sites.
- “Valarm™ Service(s) or “Services” means the Valarm™ mobile application that allows you to among other things gather, use and disclose information regarding your and your devices location through the Valarm™ Site.
- ” Valarm™ Account” means your Valarm™ Site account that you establish in order to use the Valarm™ Service.
3. Registration; Valarm Account.
In order to use the Valarm™ Service you will be required to register and create a Valarm™ Account. You must be at least 18 years old to establish and maintain a Valarm™ Account. As part of the registration process, you will select a user name and password. You are responsible for maintaining the confidentiality and security of your user name and password and you will be responsible for all uses of your user name and password, whether or not authorized by you. You must notify Valarm of any known or suspected unauthorized use of your Valarm™ Account, or known or suspected theft of your user name and password. All personal information you provide to Valarm™ during the registration process, such as your name, mobile phone number and email address, will be collected, used and disclosed by Valarm™ in accordance with its Privacy Policy, which can be found here: www.valarm.net/privacy[E1] .
4. Use of Valarm™ Service.
The Services may only be used to track the location of (i) personal/business property; or (ii) a minor or other person on whose behalf you have the legal authority to provide consent[E2] . You must inform any person whose location you wish to track in accordance with these Terms of Use, and you warrant to Valarm™ that you can lawfully and do provide consent for such use on behalf of any such person. Any other uses of the Services are not authorized by Valarm™ and are undertaken at your own risk. If Valarm™ has a reasonable belief that you use the Services for purposes other than those listed above, Valarm™ reserves the right to terminate your access to the Services immediately. Without limiting the generality of the foregoing, you must not use the Services to stalk, harass, harm or threaten to harm, or to invade the privacy of, any person.
Your wireless data service plan is provided by a third party wireless service carrier.
Depending on your mobile plan and your mobile carrier ADDITIONAL FEES, COSTS,
and CHARGES may apply from the use of Valarm™. For example the device can be set
to send thousands (or more) of text messages in a short period of time. If your subscription
does not provide for unlimited text, or if you exceed a threshold in your contract with your
provider, you may be liable for ADDITIONAL FEES, COSTS and CHARGES. Valarm™
is in no way responsible for any such additional charges and you agree to hold Valarm™ harmless and indemnify Valarm™ for any claims brought based on such charges.
Valarm™ and the third party wireless service carrier reserve the right to deny, disconnect, modify and/or terminate the Services, without notice, to anyone it believes is using the Services or wireless data service in any manner prohibited. In addition, the use of content or information may be blocked, temporarily or otherwise, due to measures taken by mobile network operators in order to prevent the (further) dissemination of information that constitutes a criminal offense, may be unlawful in relation to third parties or violates any terms and conditions of use.
By using the Valarm™ Service, you agree that Valarm™ will gather, use and disclose information regarding your location and environment. The Valarm™ Service allows the Valarm™ account owners to track your real-time geographic location information collected from your mobile device. You control when your location is disclosed by managing the settings from within the Valarm™ application on the mobile device. Valarm™ assumes no responsibility for the gathering, use or disclosure of any of your information on the Valarm™ Site, and you agree that you will not seek to hold Valarm™ responsible for any gathering, use or disclosure of any of your information by the Valarm™ Site. Valarm™ does not guarantee the accuracy of any location information displayed through the Valarm™ Service.
You understand and hereby further agree that you will not:
(a) use the Valarm™ Service to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store personal information about other users without their consent;
(b) use the Valarm™ Service if you are under the age of 18 years old;
(c) use the Valarm™ Service for any illegal purpose, or in violation of any local, state, federal, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
(d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Valarm™ Service accounts of others without permission; engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
(e) share Valarm™-issued passwords with any third party or encourage any other user to do so;
(f) misrepresent the source, identity or content of information transmitted via the Valarm™ Service;
(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Valarm™ Service, features that prevent or restrict use or copying of any content accessible through the Valarm™ Service, or features that enforce limitations on use of the Valarm™ Service;
(h) intentionally interfere with or damage operation of the Valarm™ Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; or
(i) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
5. Privacy.
Use of the Valarm™ Service is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference and can be found here: www.valarm.net/privacy.
6. Compliance with laws and regulations.
You agree that your use of the Services and the wireless data service plan will comply with applicable laws and regulations in your area regarding the use of location tracking products and services. Valarm™ and the third party wireless service carrier will not be responsible for your use of the Services or the wireless data service plan in violation of any laws or regulations.
7. Disclaimers.
THE VALARM™ SERVICE IS PROVIDED “AS-IS” AND VALARM™ EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VALARM™ DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE VALARM™ SERVICE.
Any use of the Services and the wireless data service plan is at your own risk. Valarm™ and the third party wireless service carrier make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Services or about the results to be obtained from using the Services.
YOU UNDERSTAND AND AGREE THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS OF USE, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF THE SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE MONTH OF THE DATE THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VALARM™ AND THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THESE TERMS OF USE OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE SERVICE EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE.
YOU UNDERSTAND THAT VALARM™ AND THE WIRELESS CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES. THE SERVICES ARE FOR YOUR USE ONLY AND YOU MAY NOT RESELL THE SERVICES TO ANY OTHER PARTY.
IN NO EVENT WILL VALARM™ OR THE THIRD PARTY WIRELESS SERVICE CARRIER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VALARM™ OR THE THIRD PARTY WIRELESS SERVICE CARRIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
8. Limitation on Liability.
IN NO EVENT WILL VALARM™ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE VALARM™ SERVICES, EVEN IF VALARM™ HAS BEEN ADVISED OF THE POSSIBIILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VALARM’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VALARM™ FOR THE VALARM™ SERVICES.
9. Term.
These Terms of Use shall continue for as long as you use the Valarm™ Services [E3] provided; however, your use will terminate automatically without notice from Valarm™ if you fail to comply with any of these terms and conditions. Valarm™ also reserves the right to discontinue offering any data or services provided by a third party if such supplier ceases to supply such data or services to Valarm™ or Valarm’s contract with such supplier terminates for any reason.
10. Disputes.
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Valarm™ Service will be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California without respect to its conflict of laws principles. You agree to be bound to Valarm’s dispute resolution policies in regard to any dispute you may have with Valarm™. (See the section entitled “How Do I Resolve Disputes With Valarm”) By using the Valarm™ Service, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Valarm™ Service is the United States District Court for the Central District of California, or any California State court sitting in Los Angeles County[E4] . You hereby irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
11. Indemnity.
You agree to defend, indemnify, and hold harmless Valarm™, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Valarm™ Service or the networks or applications of the Third Party Wireless Service Carriers or your breach of these Terms of Use.
12. Other.
- Valarm™ reserves the right to change, modify, suspend or discontinue any aspect of the Valarm™ Service at any time, without notice or liability. Valarm™ may also impose limits on certain features or restrict your access to parts or all of the Valarm™ Service at any time without notice or liability.
- Valarm™ reserves the right to modify, amend, delete or make additions to these Terms of Use from time to time. Notice of any such modification, amendment, deletion or addition will be posted on www.valarm.net. Your continued use of the Valarm™ Service after any such notice has been posted will constitute your agreement to the modified Terms of Use.
- You acknowledge that Valarm™ reserves the right to charge for any portion of the Valarm™ Service and to change its fees (if any) from time to time in its discretion.
HOW DO I RESOLVE DISPUTES WITH VALARM?
Dispute Resolution By Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department ten.mralavnull@ecivresremotsuc.
In the unlikely event that Valarm’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Valarm™ has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through the notification provisions binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement
(1) Valarm™ and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, 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.
References to “Valarm™,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Valarm™ are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
2) 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 Valarm™ should be addressed to: Office for Dispute Resolution, VALARM™ ADDRESS (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Valarm™ and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Valarm™ may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Valarm™ or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Valarm™ is entitled. You may download a copy of the form Notice and a form to initiate arbitration at valarm.net/arbitrationforms.
3) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. Th asdf The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Valarm™ and you agree otherwise, any arbitration hearings will take place in Los Angeles County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(4) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(5) The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs.
(6) The arbitrator may award declaratory or 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. YOU AND VALARM™ 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 Valarm™ agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if Valarm™ makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Valarm™ — Notice of Dispute
Valarm™ LLC (“Valarm™”) is committed to resolving its customers’ disputes in a fair and efficient manner. If you are unsatisfied with the resolution that a customer service representative offers for a problem that you are experiencing, you may notify us of your dispute by sending this form to Valarm™’s legal department.
Please complete this form in its entirety (printing legibly). Retain a copy for your records and send the completed form by certified U.S. mail to:
General Counsel, Valarm™ LLC
718 Via Colinas, Westlake Village CA 91362 USA
A Valarm™ representative will respond within 30 days of receiving this form. If the dispute is not resolved to your satisfaction, you may begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association. We provide further details on our web site (at http://www.valarm.net/disputeresolution), as well as a Demand for Arbitration form.
____________________________
Name of account holder
____________________________
Account number
____________________________
Additional number at which you may be reached during business hours
Your email address: ____________________________________________________
Your fax number: ____________________________________________________ Your billing address: ____________________________________________________
____________________________________________________
If you are an authorized representative of the account holder, please print your name, your relationship to the account holder, your address, and a phone number at which you may best be reached during business hours:
Please briefly describe the nature of your dispute and attach any supporting documents that you wish.
If necessary, please use the reverse side.
Please briefly describe the relief that you would like from Valarm™.
___________ ____________________________________
Date Signature
Valarm™ Consumer Demand for Arbitration before the
American Arbitration Association
AMERICAN ARBITRATION ASSOCIATION SUPPLEMENTARY PROCEDURES FOR
CONSUMER-RELATED DISPUTES
Instructions on filing a claim:
- Please fill out this form and retain one copy for your records.
- Mail two copies of this form and your check, money order or credit card statement to the American Arbitration Association Case Management Center nearest to you. Please consult Section C-8 of the Supplementary Procedures for Consumer-Related Disputes for the appropriate fee. Information regarding the nearest Case Management Center and the appropriate fee is available at www.adr.org or by calling AAA Customer Service at (800) 778-7879. Please make your check or money order payable to the American Arbitration Association.
- Send a copy of this form and of your check or money order to:
Valarm™ LLC, General Counsel
718 Via Colinas, Westlake Village CA 91362 USA
- Please also include the attached copy of Valarm™’s arbitration provision with each copy of this form.
Your Personal Information:
Name: ______________________
Address: ___________________________
City/State/Zip: __________________________________________________
Tel: ____________________
Fax: __________________________________
If an in-person hearing is held, the arbitration will take place in the county of your billing address. Please tell us the county and state to which your bills are sent: ___________________
Your Attorney’s Information (Please leave blank if you are representing yourself):
Attorney’s Name: ____________________
Firm: _______________________
Address: _____________________
City/State/Zip: ______________________
Tel: ____________________
Fax:___________________________________
Briefly explain the nature of your dispute. You may use additional pages:
How much money do you believe you are owed? If none, leave blank:
Do you desire any non-monetary outcome? If no, leave blank:
Date: ________________________________
Signature: _________________________␣