Alarm Lock® Website Terms and Conditions
Thank you for visiting the Alarm Lock® website located at www.alarmlock.com (the "Site"). The Site is an Internet property of Alarm Lock Systems, LLC (a division of Napco Security Technologies, Inc.) ("Alarm Lock®," "we" or "our"). Each end-user visitor to the Site ("User," "you" or "your") agrees to the following Alarm Lock® Website Terms and Conditions ("Terms and Conditions"), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses, downloads and/or views, as applicable, any of the: (i) links to third-party resources and/or consumer information ("Third Party Links"); (ii) informational blog posts ("Blog Posts"); and/or (iii) text, video and other information pertaining to Alarm Lock® products, services, as well as other content featured on the Site as made available by Alarm Lock® (the "Informational Content," and together with the Blog Posts and Third Party Links, the "Content"); (c) enters one of the sweepstakes, promotions and/or contests as made available by Alarm Lock® from time-to-time (collectively, "Promotions"); (d) utilizes the various contact forms made available on the Site as a means to request tech support or to otherwise be contacted by Alarm Lock® ("Contact Services"); and/or (e) utilizes the Site's many interactive features designed to facilitate interaction between you, Alarm Lock® and other Users including, but not limited to, comment sections located below certain Blog Posts and other designated areas of the Site (collectively, the "Interactive Services" and together with the Site, Content, Promotions and Contact Services, the "Alarm Lock® Offerings").
- Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Alarm Lock® with respect to Users' use of the Alarm Lock® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Alarm Lock® may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Alarm Lock® Offerings. By a User's continued use of the Alarm Lock® Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
- Requirements. The Alarm Lock® Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Alarm Lock® Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age); provided, however, that certain Promotions are not intended for use by individuals under twenty-one (21) years of age. If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), or if that user is under twenty-one (21) years of age in the case of certain Promotions that User does not have permission to use and/or access the Alarm Lock® Offerings.
- Contact Services, Comment Registration and/or Termination of Access to the Alarm Lock® Offerings. In order to post a comment via the Interactive Services, Users must either: (a) provide their: (i) name; (ii) email address; and (iii) at the Users' option, website URL (collectively, "Comment Registration Data"); or (b) register to make a comment via their respective Facebook®, Google+®, TypePad® or Twitter® accounts. Where a User attempts to utilize the Contact Services, that User must submit, and Alarm Lock® may collect, some or all of the following information: (i) the User's e-mail address; (ii) the User's full name; (iii) the User's company name; (iv) the User's mailing address; (v) the User's telephone number; (vi) a brief comment, at the User's option; and (vii) any other information collected via the Contact Services form (collectively, "Contact Registering Data"). Upon entering Contact Data and clicking on the applicable submission button on the Site, the applicable User may be contacted by Alarm Lock® regarding that User's request. In order to enter into a Promotion, each User must submit the information requested in connection with that Promotion, as set forth in the applicable Contest Rules ("Promotion Registration Data," and together with the Comment Registration Data and Contact Registration Data, the "Registration Data").
Alarm Lock® may terminate a User's access to the Alarm Lock® Offerings including, without limitation, that User's right to post a comment via the Interactive Services, at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Alarm Lock® believes that such User is: (A) in any way in breach of the Agreement; and/or (B) engaged in any improper conduct in connection with the Alarm Lock® Offerings.
Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). Google+® is a registered trademark of Google, Inc. ("Google"). TypePad® is a registered trademark of Endurance International Group, Inc. ("TypePad"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that Alarm Lock® is not in any way affiliated with Facebook, Google, TypePad or Twitter, nor are the Alarm Lock® Offerings endorsed, administered or sponsored by any of the foregoing entities.
- Content; Blog Posts; Third Party Links. The Site contains Content which includes, but is not limited to, information pertaining to Alarm Lock® products and services, as well as regularly updated Blog Posts and Third Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
- Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow Users to participate in comment sections and other interactive areas of the Site. Each User agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each User shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, "Feedback") posted by and through the Interactive Services. You understand and agree that Alarm Lock® shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Alarm Lock® does not monitor the Feedback submitted by Users, and operates the comment sections of the Site as a neutral host. The Interactive Services contain Feedback that is provided directly by Users. You agree that Alarm Lock® shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Alarm Lock® does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Alarm Lock® reserves the right to remove any Feedback from the Site at any time and for any reason, in Alarm Lock's® sole discretion.
- Feedback Standards. In connection with your Feedback, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene, as defined under applicable law; (d) impersonate any person or entity; (e) "stalk" or otherwise harass any person; (f) engage in advertising to, or commercial solicitation of, Users or other third parties; (g) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (h) express or imply that any statements that you make are endorsed by Alarm Lock®; (i) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Alarm Lock® Offerings or related content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained within the Alarm Lock® Offerings; (m) interfere with or disrupt any of the Alarm Lock® Offerings and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (p) "frame" or "mirror" any part of the Site; (q) use metatags or code or other devices containing any reference to the Alarm Lock® Offerings in order to direct any person to any other website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Alarm Lock® Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited conduct/practices shall be deemed a breach of the Agreement and may result in the immediate termination of access to some or all of the Alarm Lock® Offerings without notice, in the sole discretion of Alarm Lock®. Alarm Lock® reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
- Promotions. From time-to-time, Alarm Lock® offers Promotions by and through the Site. By providing true and accurate Promotion Registration Data in connection with the applicable Promotion registration form(s) and/or mail-in entries, as applicable, and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotion, if any. You understand and agree that Alarm Lock® shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
- User Interactions. Users are solely responsible for their interactions with other Users and individuals. Because Alarm Lock® is not involved in User interactions, in the event that you have a dispute with one or more Users and/or other third-parties, you hereby release Alarm Lock® from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
- Representations and Warranties. Each User hereby represents and warrants to Alarm Lock® as follows: (a) the Agreement constitutes such User's legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Alarm Lock® Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such User's performance under the Agreement, such User's use of the Alarm Lock® Offerings and her/his Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (d) if applicable, such User will be solely responsible for her/his and Feedback.
- Indemnification. Each User agrees to indemnify, defend and hold Alarm Lock®, its employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from or related to: (a) her/his Feedback; (b) any dispute between that User and any other User or third party; (c) User's breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that User (or that User's Feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that User's use of the Alarm Lock® Offerings has violated any applicable law; and/or (f) User's use of the Alarm Lock® Offerings in any manner whatsoever.
- License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Alarm Lock® Offerings. Alarm Lock® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Alarm Lock®, Users may only use the Alarm Lock® Offerings for their own personal, non-commercial use. No part of the Alarm Lock® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Alarm Lock® Offerings except as expressly permitted by Alarm Lock®. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Alarm Lock® Offerings, or any portion thereof. No User or other third party may create any "derivative works" by altering any aspect of the Alarm Lock® Offerings. No User or other third party may use the Alarm Lock® Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Alarm Lock® Offerings for any commercial purposes not expressly permitted by Alarm Lock®. Each User further agrees to indemnify and hold Alarm Lock® harmless for that User's failure to comply with this Section 11. Alarm Lock® reserves any rights not explicitly granted in the Agreement.
- Proprietary Rights. The Alarm Lock® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Alarm Lock® Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Alarm Lock® Offerings. The posting of information or material by and through the Alarm Lock® Offerings does not constitute a waiver of any right in or to such information and/or materials.
- Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Alarm Lock® Offerings is a violation of criminal and civil law and Alarm Lock® will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Disclaimer of Warranties. THE ALARM LOCK® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ALARM LOCK® MAKES NO WARRANTY THAT THE ALARM LOCK® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE. THE ALARM LOCK® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALARM LOCK® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE ALARM LOCK® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ALARM LOCK® OR OTHERWISE THROUGH OR FROM THE ALARM LOCK® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT ALARM LOCK® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALARM LOCK® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE ALARM LOCK® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE ALARM LOCK® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) ANY MATTER RELATING TO ANY FEEDBACK; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER'S REGISTRATION DATA; OR (F) ANY OTHER MATTER RELATING TO THE ALARM LOCK® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES ALARM LOCK® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ALARM LOCK® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE ALARM LOCK® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR ALARM LOCK® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND ALARM LOCK®. ACCESS TO THE ALARM LOCK® OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF ALARM LOCK® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Third Party Websites. The Alarm Lock® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third Party Links. Alarm Lock® does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by Alarm Lock® of the applicable website or any association with the website's operators. Because Alarm Lock® has no control over such websites and/or resources, each User agrees that Alarm Lock® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User's data privacy by third parties. Each User further agrees that Alarm Lock® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
- Editing, Deleting and Modification. Alarm Lock® reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
- Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Alarm Lock® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here http://www.alarmlock.com/Alarm Lock Initial Dispute.pdf. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here http://www.alarmlock.com/Sweepstakes Demand for Arbitration.pdf. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Alarm Lock® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Alarm Lock® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
- Miscellaneous. To the extent that anything in or associated with the Alarm Lock® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence, other than the Contest Rules applicable to the Promotions, which shall govern the Promotions. Alarm Lock's® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Alarm Lock® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Contact Us. If you have any questions about the Agreement, Alarm Lock® Offerings or the practices of Alarm Lock®, or if you require tech support, you can utilize the Contact Services forms made available on the Site and/or call, e-mail or send mail to Alarm Lock® utilizing the Alarm Lock® contact information applicable to your geographical area, as listed on the Site's "Contact Us" page.