Valarm™ Terms of Use – Web

Introduction

Welcome to the Internet Sites of Valarm, LLC.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY VALARM™ SITE. By using any Valarm™ Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Valarm™ Sites.

Note that special terms might apply to some services or features offered on certain Valarm™ Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use. Note also that Valarm partners with third party providers your use of their services are governed by the third party providers terms of use and the Valarm’s terms of use wherever they overlap.

Valarm™ may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on Valarm™ Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Valarm™ or by third parties that have licensed their Content to Valarm™. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Valarm™ Site is configured to enable the download of particular Content, you may download the Content, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Valarm™, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands without our express written permission.

Under no circumstances will Valarm™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

As a Valarm™ account holder you may submit Content to the Service.  You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Valarm™ all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Use.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Valarm™, you hereby grant Valarm™  a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Valarm™’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You may not, without the prior written permission of Valarm™, “mirror” on any other server any material contained on any Valarm™ Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Valarm™. The trademarks, logos and service marks (the “Marks“) displayed on the Valarm™ Sites are owned by Valarm™ or third parties. You are prohibited from use of those Marks without the express, written permission of Valarm™ or such third party. If you would like information about obtaining Valarm’s permission to use the Content on your Web site, e-mail info@valarm.net

In the event that we offer downloads of software on a Valarm™ Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) have their own terms of use, and/or terms of service which you will be bound by. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, VALARM™ HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

VALARM™ SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, VALARM’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Accounts

Some services on the Valarm™ Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data“). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s user name, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at privacy@valarm.net of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Valarm™ Site.

We may suspend or terminate your account and your ability to use any Valarm™ Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Valarm’s Liability

Valarm™ makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Valarm™ Sites and the Content. Any use of the Valarm™ Sites and the Content is at your own risk. Changes are periodically made to Valarm™ Sites and may be made at any time. Some Content on the Valarm™ Sites may be provided by third parties and Valarm™ will not be held responsible for any such Content provided by third parties.

VALARM™ DOES NOT WARRANT THAT THE VALARM™ SITES WILL OPERATE ERROR-FREE OR THAT THE VALARM™ SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE VALARM™ SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, VALARM™ WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE VALARM™ SITES AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VALARM™, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

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.

Your use of the Valarm™ Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the Valarm™ Sites or with these Terms of Use, your sole remedy is to discontinue use of the Valarm™ Sites. IN NO EVENT WILL VALARM™ OR ANY THIRD PARTIES MENTIONED AT THE VALARM™ SITES 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 VALARM™ SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VALARM™ 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.

Links to Other Sites

The Valarm™ Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Valarm™ of the contents on such third-party Web sites. Valarm™ is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Indemnity

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Furthermore, 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, alleging or resulting from your breach of these Terms of Use.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Special Notice Regarding the Potential Collection of User Information from Users of Valarm™

If you connect Valarm™ on your mobile device to valarm.net, certain historical and/or environmental information that is stored on your device will upload from your device to Valarm™, including, but not limited to, track logs (a track log consists of a list of spatial points and the times your mobile device was at given spatial points).

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 should review Valarm’s Privacy Statement at www.valarm.net/privacy for more information regarding the ways in which Valarm™ collects, uses and shares information. BY USING THE valarm.net WEB SITE YOU CONSENT TO THE COLLECTION, USE AND SHARING OF INFORMATION IN ACCORDANCE WITH THESE TERMS OF SERVICE, THE VALARM TERMS OF USE AND OUR PRIVACY STATEMENT.

Copyright Policy

Valarm™ respects the intellectual property rights of others. It is Valarm’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Valarm™, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:
copyright@valarm.net

By Mail:
DMCA Designated Agent, Valarm
Attn: Legal Department
718 Via Colinas, Westlake Village CA 91362 USA

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 customerservice@valarm.net.

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:

 

  1. Please fill out this form and retain one copy for your records.
  2. Mail two copies of this form and your check or money order 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.
  3. Send a copy of this form and of your check, money order or credit card statement to:

Valarm™ LLC, General Counsel

718 Via Colinas, Westlake Village CA 91362 USA

  1. 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: _________________________