Valarm® Terms of Use – Valarm and Valarm Pro Android Application.

IMPORTANT: READ THIS AGREEMENT CAREFULLY

These Terms of Use govern your use of the Valarm applications and services (the “Services”). Please also read the Terms of Use located on https://www.valarm.net/tos-web (the “Valarm Website”), which govern your use of the Valarm Website.

1. Definitions.
The following definitions apply to these Terms of Use:

1. “Valarm” means Valarm, LLC. and its subsidiaries.
2. “Valarm Site” means www.valarm.net, tools.valarm.net, and all Valarm related web sites.
3. “Valarm Service(s) or “Services” means the Valarm mobile application (Valarm Pro and Valarm Classic).
4. ” Valarm Account” means your Valarm Site account that you establish in order to use the Valarm Service.
5. “Licensee” / “You” means the person and or entity that purchased a license to use Valarm Services on a single device.

2. Agreement to Terms.

By using your Valarm Application You are agreeing to be bound by the terms of this license. You agree to these Terms of Use in consideration of, and as a condition to, being allowed to use the Valarm Service. By using your Valarm Service(s) and/or Establishing a Valarm Account to access the Valarm Service(s) constitutes and indicates your acceptances of these Terms of Use.

Nonexclusive Nontransferable License to Use

Subject to the terms of this Agreement, by licensing the Valarm Service(s), Valarm grants the licensee a nonexclusive, nontransferable license to use the Valarm Service(s) and any updated versions provided by Valarm on a single device.

This is a license and not a sale. Licensee may not (i) copy or distribute, sublicense, lease, rent or otherwise transfer the Valarm Service(s) to any third party; (ii) modify, adapt, alter, translate, or create derivative works of the Valarm Service(s) except to the extent Valarm may, in certain jurisdictions, be required by law to permit reverse engineering and provided that the provisions of such law may not be waived or conditioned on prior request for information regarding interoperability; (iii) decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive source code, from the Valarm Service(s); or (iv) have any of the foregoing done for You by a third party. The Valarm Service(s) and all intellectual property rights therein are the exclusive property of Valarm. Valarm reserves the right to update the Valarm Service(s) from time to time in its sole discretion, including adding, changing or removing functionalities and features, including but not limited to changing the user interface or the manner in which You are able to access features. All rights in and to the Valarm Service(s) not expressly granted to the Licensee in this Agreement are reserved by Valarm.

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.

4. Use of Valarm Service.
The Services may only be used:

(a) to monitor conditions in your environment, and/or

(b) 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. 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 cellular 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. 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 – Limitation on Liability.

 

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 VALARM AND/OR 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 / LICENSE AGREEMENT, 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.

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 provided; however, Valarm may, at its sole discretion, terminate your use of the services 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.
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. 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 use of Valarm Service or the networks or applications of the third party wireless service carriers or your breach of these Terms of Use.

12. Other.

1. 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.
2. 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.
3. 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 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. 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, (“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.

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. 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. However, in no way does this provision require the arbitrator to award attorneys fees and other costs.

(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.

____________________________

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