ADT Services Agreement
Please read the following terms and conditions of this ADT Services Agreement (“Agreement”) carefully as they govern your rights and obligations when using the ADT Services.
This Agreement is separate from any other agreement with a third party through which you are using the Services.
IMPORTANT - BY USING ADT’S SERVICES YOU ARE ACCEPTING THIS AGREEMENT, AND ANY UPDATES AND CHANGES TO THIS AGREEMENT THAT ADT MAY MAKE FROM TIME TO TIME IN ITS SOLE DISCRETION. THIS AGREEMENT CONTAINS IMPORTANT TERMS LIMITING YOUR LEGAL RIGHTS AND REMEDIES INCLUDING LIMITATIONS OF LIABILITY IN SECTION 4 AND A BINDING ARBITRATION CLAUSE IN SECTION 5.1. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS AGREEMENT IS TO CEASE USING THE SERVICES.
1.1 “Access Provider” means a cellular telephone or data service provider, Wi-Fi or other wired or wireless local area network or broadband connection, or any other form of network using a communication carrier or other service provider.
1.2 “ADT” means ADT LLC dba ADT Security Services and its successors, affiliates, and assigns.
1.3 “Agreement” means this ADT Services Agreement, including any changes and amendments thereto which may occur from time to time.
1.4 “Device(s)” means any hardware that may be used in connection with the Services.
1.5 “Dispute” means any claim or controversy, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims, whether based in contract; tort; fraud; intentional acts; violation of any statute, code or regulation; or other legal theory. The term “Dispute” shall be given the broadest possible meaning and will apply to, without limitation, all claims and controversies arising from this Agreement; sales activities; goods and services; advertisements, promotions and other statements; billing and collection practices; privacy; and any other dispute arising from your interaction or relationship with ADT.
1.6 “Event” means when ADT receives data from your Device or a third party that triggers the Services.
1.7 “Personal Information” means the information you provide us while using the Services or may provide to ADT from time to time including, but not limited to, your personal contact information (name, address, phone number, location, etc.), Device information, and any information you provide to us during the Services arising from an Event.
1.8 “Services” means each of the ADT monitoring services that are available through a third party.
1.9 “Us”, “we”, or “our” means ADT.
1.10 “You” or “your” means any person or entity who accesses or uses the Services.
2. SERVICE ELIGBILITY
2.1 Compliance with Laws/Age. You may use the Services only if you can form a binding contract with ADT, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under the age of 13 (“Children” or “Child”) is strictly prohibited from using the Services, except to the extent allowed by applicable law.
3. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES
3.1 The Services. The Services enable you to communicate with and have your Device(s) monitored by ADT via a third party during an Event. The Services are only available to users that have been authorized by a third party to access the Services and only in the manner specified by ADT in this Agreement. A description of the Safe by ADT branded Service offerings can be found here.
3.2 Non-commercial Services Only. You acknowledge and agree that the Services are only for your personal use. The Services are not for business or commercial use and you hereby waive any claims against ADT arising from your use of the Services for a business or other commercial purposes. You acknowledge and agree that ADT is not a security consultant to you and is not addressing all of your potential security needs. Additional Device(s), equipment, and services in addition to those identified in this Agreement are available and may be purchased from ADT or third parties at an additional cost to you.
3.3 Jurisdiction Restrictions. The Services may not be available in all jurisdictions in the United States. If an Event is triggered from or you move your Device(s) to a Restricted Jurisdiction ADT shall have no obligation to provide the Services to you, and ADT shall have no liability for any failure to provide the Services or respond to an Event. The following are “Restricted Jurisdiction(s)” where the Services may not be available:
Milwaukee, Wisconsin, USA
3.5 System Reliability. No alarm system and/or service can provide complete protection or guarantee prevention of loss or injury. Fires, floods, crimes, tortious activities, medical problems and other incidents are unpredictable and cannot always be detected or prevented. Human error is always possible, and the response time of police, fire, and medical emergency personnel is outside the control of ADT. ADT may not receive Event signals if communications or power is interrupted for any reason. PLEASE CAREFULLY REVIEW SECTION 6 BELOW (YOUR RESPONSIBILITY FOR DEVICE(S) AND CONNECTIVITY).
4. LIMITATIONS ON ADT’S LIABILITY
4.1 NO WARRANTIES. YOU AGREE THAT ADT MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR DEVICE(S) OR TO THE SERVICES ADT PERFORMS. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS SET FORTH IN SECTION 4.4 (EXCLUSIVE REMEDY) BELOW. SOME STATES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY. THE LAWS OF THE STATE WHERE YOU RESIDE WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
4.2 INSURANCE; WAIVER OF SUBROGATION. YOU AGREE THAT ADT IS NOT AN INSURER AND THAT ADT IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS YOU MAY PAY ADT ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY IN YOUR CUSTODY OR LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS OF THE AFFOREMENTIONED. INSTEAD, THE AMOUNTS ADT CHARGES YOU ARE BASED SOLELY UPON THE VALUE SERVICES ADT PROVIDES AND UPON THE LIMITED LIABILITY ADT ASSUMES UNDER THIS AGREEMENT. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO ADT TO COMPENSATE YOU OR ANYONE ELSE FOR SUCH EVENT OR LOSS. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST ADT ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY ARISING OF THIS AGREEMENT.
4.3 NO GUARANTEE; NO LIABILITY. YOUR DEVICE(S), EQUIPMENT, ADT’S SERVICES, AND/OR YOUR USE OF ADT’S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, TORTS, ROBBERIES, OTHER CRIMINAL ACTIVITY, AND MEDICAL PROBLEMS. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT YOUR DEVICE(S), ADT’S SERVICES, AND/OR YOUR USE OF ADT’S SERVICES WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ADT DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT ADT. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST ADT OR ITS THIRD PARTY PROVIDERS FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO THE YOUR DEVICE(S) OR THE SERVICES PROVIDED BY ADT.
4.4 EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY ADT TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD ADT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON ADT’S LIABILITY), ADT IS FOUND LIABLE FOR LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY ADT AND/OR YOUR DEVICE(S), ADT’S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE AMOUNT OF YOUR SERVICE CHARGES OVER LAST THE TWELVE MONTHS OR $500, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS YOUR SOLE REMEDY. UPON YOUR REQUEST, ADT MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS SECTION 4 BY ATTACHING AN AMENDMENT TO THIS AGREEMENT SETTING FORTH THE EXTENT OF ADT’S LIABILITY AND THE ADDITIONAL CHARGES TO YOU.
4.5 APPLIES IN ALL CASES. THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON ADT’S LIABILITY) APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY ADT OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ADT, ITS AGENTS OR ITS EMPLOYEES.
4.6 INDEMNITY BY YOU. IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST ADT IN ANY WAY RELATED TO (1) YOUR DEVICE(S), EQUIPMENT, OR THE SERVICES PROVIDED BY ADT TO YOU, OR (2) ANY INACCURACIES IN ANY PERSONAL INFORMATION, INCLUDING ANY CONTACT INFORMATION, PROVIDED BY YOU TO ADT IN ORDER FOR ADT OR ITS REPRESENTATIVE TO COMMUNICATE WITH YOU FOR ANY REASON (INCLUDING BUT NOT LIMITED TO IN REGARD TO YOUR ADT SERVICE OR ANY NEW ADT OR THIRD PARTY PRODUCTS OR SERVICES), YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST ADT AND REGARDLESS WHETHER ADT HAS BEEN FOUND LIABLE OR WHETHER ADT HAS INCURRED ANY EXPENSE.
4.7 TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT AFTER THE SHORTER OF (1) ONE YEAR AFTER THE DATE OF THE LOSS, OR (2) THE SHORTEST TIME ALLOWED BY APPLICABLE LAW.
4.8 BENEFIT TO OTHERS. THE PROVISIONS OF THIS SECTION 4 (LIMITATIONS ON ADT’S LIABILITY) SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS, THIRD PARTY PROVIDERS OF YOUR DEVICE(S), AND ALL OTHER PARTNERS USED BY ADT IN PROVIDING THE SERVICES TO YOU.
4.9 OTHER PARTIES LIMITATION. If you access the Services through a third party, you agree that such third party is entitled to the same rights as ADT under this Section 4 (LIMITATIONS ON ADT’S LIABILITY) and Section 5 (REQUIREMENTS FOR RESOLVING DISPUTES) below with respect to the Services.
5. REQUIREMENTS FOR RESOLVING DISPUTES
5.1 Binding Arbitration. ADT AND YOU AGREE THAT ANY AND ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE GOVERNED BY BINDING ARBITRATION AS SET FORTH IN THIS SECTION 5 (REQUIREMENTS FOR RESOLVING DISPUTES) (“Arbitration Agreement”). Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court.
5.2 Small Claims Court Allowed. ADT agrees not to elect arbitration if you file a Dispute in a small claims court in your state of residency so long as the Dispute is individual and non-representative in nature and remains exclusively as such in small claims court.
5.3 Advanced Notice Requirement. Before initiating an arbitration or a small claims matter, you and ADT agree to first provide to the other a written “Notice of Dispute” that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to ADT should be sent to: Litigation Department, ADT Security Services, 1501 Yamato Road, Boca Raton, FL 33431. ADT will mail a Notice of Dispute to your current available address.
5.4 Rules for Proceeding. You and ADT agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, ADT or you may commence an arbitration proceeding or small claims action.
5.5 Initiation of Arbitration Proceeding. If either you or ADT elects to arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the national arbitration organization to which the Dispute is referred. ADT or you may refer a Dispute to either the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”). If ADT elects arbitration and chooses one of the organizations to administer, you may object and automatically have the other organization administer the proceedings simply by notifying ADT of your objection in writing within 30 days of your receipt of ADT’s initial selection. To obtain a copy of the procedures, or to file a Dispute, you may contact the organizations at the following: (1) AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los Angeles, CA 92614, www.jamsadr.com.
5.6 Law Governing Disputes. Because your transaction(s) with ADT involves interstate commerce, this Arbitration Agreement and any Dispute arbitrated hereunder shall be governed by the Federal Arbitration Act (“FAA”). The JAMS or AAA code of procedures, as chosen, will govern the arbitration, but if there is a conflict between the applicable code of procedures and this Arbitration Agreement, this Arbitration Agreement shall control to the fullest extent permitted by the FAA. Unless otherwise agreed to by you and ADT, the arbitration will be conducted by a single, neutral arbitrator at a location within the federal judicial district in which you reside. Upon your request, ADT will reimburse you for all filing and administrative fees required for initiating the arbitration. Otherwise, each party is responsible for its own respective costs and fees, including, but not limited to, attorney and expert fees. The arbitrator shall apply applicable substantive law and, upon the request of either you or ADT, issue a written explanation of the basis for the decision.
5.7 Waiver of Litigation. IF EITHER YOU OR ADT ELECTS TO ARBITRATE A DISPUTE, YOU AND ADT WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, YOU AND ADT MAY ALSO WAIVE OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER ADT OR YOU ELECTS TO ARBITRATE A DISPUTE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration will be arbitrated on an individual basis, between ADT and you only, without exception. A Dispute cannot be joined or consolidated with any other claim or action.
5.8 Arbitration is Final. Judgment on the arbitration award may be entered in any court having proper jurisdiction. EXCEPT AS FOLLOWS, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. ADT or you may appeal the arbitrator’s initial award to a three-arbitrator panel administered by the same arbitration organization upon written notice within 30 days of the initial award. The arbitration organization will notify the other party of the appeal. The panel shall consider any aspect of the initial award objected to by the appealing party and issue a decision within 120 days of the date of the notice of appeal. The majority decision by the three-member panel shall be final and binding. Any dispute regarding the applicability, enforcement or interpretation of Section 4 (LIMITATIONS OF ADT’S LIABILITY) or this Section 5 (REQUIREMENTS FOR RESOLVING DISPUTES) shall be resolved by a court having proper jurisdiction. This Arbitration Agreement will not prevent you from bringing a Dispute to the attention of any federal, state, or local government agency. This Arbitration Agreement shall survive termination of this Agreement.
6. YOUR RESPONSIBILITY FOR DEVICE(S) AND CONNECTIVITY
6.1 Services Depend on Your Equipment and Device(s). ADT is providing a monitoring service under this Agreement and will have no liability for the maintenance, operation, non-operation, connectivity, or failure of any of your equipment or Device(s). ADT recommends that you maintain your equipment and Device(s) according to the manufacturer’s guidelines, and that you only use manufacturer approved technicians for any repairs to your equipment and Device(s).
6.2 Requirements for Using the Services. In order for ADT to provide the Services to you under this Agreement, you agree that:
6.2.1 You will pay for and provide compatible network connectivity;
6.2.2 Your equipment and Device(s) comply, and will continue to comply, with all applicable codes, regulations, and laws for the duration of this Agreement;
6.2.3 You are solely responsible for the repair or replacement of any defective part of your equipment and Device(s), including any batteries, wiring, or communications;
6.2.4 You will to follow all manufacturer instructions for using and maintaining all of your equipment and Device(s) including the connectivity of such equipment and Device(s); and
6.2.5 You assume all responsibility and liability related to the installation, maintenance, and use of your equipment and Device(s) and you will indemnify and hold ADT harmless from all liabilities, losses, damages, injuries, death, and damage to or non-operation of your equipment and Device(s), any of your property, or any other claim arising, in each case, from the use of your
6.3 Network Connectivity. You acknowledge and agree that it is your sole obligation to provide network connectivity to maintain service with an Access Provider to transmit signals between your equipment and Device(s) and ADT’s Customer Monitoring Center (“CMC”) and to ensure compatibility with any of your equipment and Device(s). Any Access Provider’s liability is limited to the same extent as ADT’s liability in Section 4 (LIMITATIONS OF ADT’S LIABILITY) of this Agreement. ADT cannot alter the configuration of any non-ADT device or network with which you are using the Services, and ADT is not responsible for the setup, operation, maintenance, or compatibility of any such equipment or network, or any telecommunications or other connectivity charges (including SMS charges) incurred by you from any Access Provider as a result of using the Services. You acknowledge and agree that you shall be solely responsible for all disputes with any Access Provider. ADT is not responsible for performance issues or failures resulting from your network equipment, and Device(s) including, without limitation, Internet latency, local area networks and non-conforming or non-compatible hardware, software, equipment, or Device(s). ADT may transmit, record, store, provide, and receive unencrypted data, images, voice transmissions, e-mails, and text messages via the Internet and your Access Provider(s) in the course providing the Services to you. You will not be able to utilize the Services, automation functions, or receive e-mail or text alerts if your network connection is impaired, disrupted, or unavailable for any reason. ADT does not warrant or guarantee the integrity, accuracy, confidentiality, or security of any such transmission or from any unauthorized or unexpected use, disclosure, corruption, interception, or other improper act.
6.4 Event Communications. YOUR DEVICE WILL NOT BE ABLE TO COMMUNICATE WITH ADT IF YOUR NETWORK IS NOT OPERATING, HAS BEEN DISCONNECTED, INTERRUPTED, OR INTERFERED WITH, OR IS OTHERWISE DAMAGED OR INCOMPATIBLE. If ADT determines in its sole discretion that your communication mode is or later becomes non-compatible, or if you change to another communication mode that is not compatible, then ADT requires that you use an alternate mode of communication acceptable to ADT as the method to connect your Device(s) to ADT’s CMC.
7. ADT’S EVENT MONITORING SERVICES
7.1 Contacting You. ADT may, at its sole discretion, attempt to contact you to confirm that the Event is not false. If ADT does not contact you, or if ADT questions the response it receives upon such contact, then ADT will attempt to notify the appropriate police or other authorities having jurisdiction. If ADT provides supervisory Event monitoring services and ADT’s CMC receives an Event, then ADT may attempt to notify you or your representative. ADT may use an automated calling device to deliver such notification. If medical emergency notification services are provided, you agree that the very nature of such services, regardless of any delay, involves uncertainty, risk, and possible serious injury, disability or death, for which you will not attempt to hold ADT responsible or liable; that your Device(s) for medical emergency notification services is not foolproof and may experience signal transmission failures or delays for any number of reasons; and that the actual time required for medical emergency providers to arrive at your location and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, Device(s) function, and human factors both within and outside of ADT’s control. Local laws, ordinances, or policies may restrict ADT’s ability to provide the Event monitoring and notification services described in this Agreement and/or necessitate modified or additional services with additional charges to you. ADT employs a number of industry-recognized measures to help reduce occurrences of false Events. These measures may include, but are not limited to, implementation or use of default settings on Device(s) and various procedures at ADT’s CMC to determine when and how to respond, if at all, to certain Event events. You consent to ADT’s use of these measures and agree that your Device(s) have not been designed or programmed pursuant to any law, code, or rule that may be applicable to your Services. Upon receiving notification that an Event signal has been received by ADT, the police or other authorities having jurisdiction may forcibly enter your premises. ADT will never arrest or detain any person for any reason. You will comply with all federal, state, and local laws governing the placement, presence, operation, and use of cameras and shall fully and conspicuously notify persons in or around the premises, whether by use of legible signs or other approved communications, that their activities may be recorded. You agree that your Device(s), is not to be used to monitor activity that you alone are responsible for supervising the well-being of any person.
7.2 DELAYS. ADT HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, THIRD PARTY SOFTWARE, SERVICE, OR ACCESS PROVIDER ERRORS, OR ANY OTHER CAUSE WITHIN OR BEYOND ADT’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, ADT HAS NO OBLIGATION TO SUPPLY YOU WITH SUBSTITUTE SERVICES.
8. PRIVACY AND SECURITY
8.1 Personal Information Provided by You. You agree that any Personal Information about you and third parties that can identify you or any third party personal information that you provided to ADT (including but not limited to any information provided about an Event via phone, e-mail, text messages, or other communication method) will be true and accurate, and that you will not intentionally provide any false or misleading information. You consent to ADT’s use of your Personal Information and that of third parties provided by you for the purpose of providing the Services to you. You have obtained the consent of the third parties, whose personal information you provided to ADT, to use such personal information with the Services. ADT may collect (including your consent to record your telephone conversations with ADT’s representatives), use, disclose, and transfer your Personal Information and that of third parties provided by you, to ADT’s parents, affiliates, subsidiaries, and successor corporations, including any subcontractor or assignee of this Agreement or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit, or similar programs.
8.2 Use of Personal Information with the Services. You understand that: (a) ADT may, directly or through third party service providers, transmit, record, store, provide, and receive unencrypted data, including without limitation your voice, geo-location, e-mails, and text messages via the Internet in the course of performing and providing the Services to you, and (b) the Services include the use of interactive applications that transmit such information over the Internet and other networks, including through, and to, third party systems. Some of these transmissions are automatic and are enabled by default. You hereby consent to these transmissions, which may include, among other things, communication of information about your Personal Information. ADT, and its contractors, may access your Personal Information in order to provide you with the Services and features within the Services.
8.3 Use of Audio/Video. IF APPLICABLE TO YOUR SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT MICROPHONES AND CAMERAS THAT RECORD AUDIO, STILL IMAGES, AND/OR LIVE AND ARCHIVED VIDEO RECORDINGS MAY BE USED WITH YOUR SERVICE AND THAT YOU WILL: (I) COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS GOVERNING THE PLACEMENT, PRESENCE, OPERATION, AND USE OF SUCH MICROPHONES AND CAMERAS AND SHALL FULLY, (II) CONSPICUOUSLY NOTIFY PERSONS IN OR AROUND SUCH MICROPHONES AND CAMERAS THAT THEIR ACTIVITIES MAY BE RECORDED PRIOR TO MAKING ANY RECORDING OF THEM, (III) PROVIDE ANY OTHER DISCLOSURE THAT MAY BE REQUIRED BY APPLICABLE LAW, AND (IV) OBTAIN ANY CONSENTS REQUIRED BY APPLICABLE LAW INCLUDING ANY STATE AND/OR FEDERAL WIRETAP LAWS. YOU SHALL INDEMNIFY, AND AT YOUR OWN COST AND EXPENSE, DEFEND, AND HOLD HARMLESS ADT FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, AND COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR BY REASON OF ANY SUCH AUDIO/VIDEO RECORDINGS, THE RELEASE, REPRODUCTION, CIRCULATION, PUBLICATION, OR EMPLOYMENT OF ANY SUCH AUDIO/VIDEO RECORDINGS, ANY VIOLATION OF ANY LAW IN CONNECTION THEREWITH BY ANYONE AND ANY BREACH BY YOU OR ANY USER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CAUSES OF ACTION FOR PERSONAL INJURY, VIOLATION OF PRIVACY, FALSE ARREST OR IMPRISONMENT, AND MALICIOUS PROSECUTION.
9. GENERAL TERMS
9.1 International Use. The Services under this Agreement are not available outside the United Sates and you understand that ADT has no obligations to response to Events triggered outside the United States. Although the Services may be accessible worldwide, we make no representation that materials are appropriate or available for use in locations outside the United States. If you access the Services from other locations outside the United States you do so at your own initiative and at your own risk. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product or Service is void where prohibited.
9.2 Assignment. You may not assign this Agreement without prior written consent from ADT. ADT does have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without your approval and without notice to you.
9.3 Changes and Notice. ADT reserves the right to change this Agreement from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Agreement for modifications. Your continued use of the Services after such modifications will constitute acknowledgement and acceptance of the modified Agreement. Any modifications to this Agreement become effective upon posting a revised version to ADT’s or the website that ADT maintains for the purposes of providing the Services.
9.4 Governing Law. Except where expressly provided in this Agreement or required by applicable law, this Agreement shall be construed, interpreted and governed by the laws of the State of Florida without regard to the conflicts of law provisions thereof, and the exclusive forum for any disputes arising out of or relating to this Agreement shall be brought in an appropriate federal or state court sitting in the State of Florida.
9.5 Entire Agreement. This Agreement constitutes the entire agreement between you and ADT relating to the subject matter hereof. You are not relying on ADT’s advice or advertisements. ADT is not bound by any representation, promise, condition, inducement or warranty, express or implied, that is not included in writing in this Agreement. The terms and conditions of this Agreement shall control and govern even if there are other documents with inconsistent or additional terms and conditions. If a court determines that any provision of this Agreement is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by law. Each and every other provision of this Agreement shall continue to be valid and enforceable. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.