By accepting these Terms, You confirm (on behalf of yourself or through Your duly authorized representative if you are an entity) that (a) Your authorized representative is an adult of at least 18 years of age, and (b) You are a corporation, partnership or other legal entity, duly formed (and incorporated if applicable) and in good standing where required to do business with all legal authority and power to accept these Terms, (c) these Terms constitute a valid and binding obligation for You, and (d) You agree to these Terms on behalf of Yourself and all other users of the Smart Alerts Services (You and such other users of the Smart Alerts Services collectively, “Users”).
EVERON RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD, OR REMOVE ANY PORTION OF THIS SITE OR THESE TERMS, IN WHOLE OR IN PART, AT ANY TIME AND FOR ANY REASON. CHANGES TO THESE TERMS OR THIS SITE WILL BE EFFECTIVE WHEN POSTED. YOU AGREE TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF ANY CHANGES. YOUR CONTINUED USE OF THIS SITE AFTER ANY CHANGES TO THE TERMS OR THIS SITE WILL BE CONSIDERED ACCEPTANCE OF THOSE CHANGES. THESE TERMS GOVERN YOUR USE OF THIS SITE. IN THE EVENT THAT YOUR CONTRACT (DEFINED BELOW) TERMINATES FOR ANY REASON OR ANY ALLEGED OR ACTUAL VIOLATION OF THESE TERMS OR GOVERNING LAW OCCURS, EVERON MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, BLOCK OR RESTRICT YOUR ACCESS TO THIS SITE AND/OR PURSUE LEGAL ACTION AGAINST YOU.
- The pages and materials contained on the Site are Our property or are owned by a third party and are used by Us under license. This Site is a secured on-line program that allows You to manage Your use of the Smart Alerts Services. The Smart Alerts Services incorporate software that consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communication features are automatic and are enabled by default. By agreeing to these Terms, You consent to the Smart Alerts Services communication features, which include, among other things, communication of Your Account Information (defined later in these Terms) between the Smart Alerts Equipment and Our servers or the servers of our contractors. Once You use the Smart Alerts Equipment, User information including Your Password (as hereinafter defined) may be sent in communications with Our contractor’s and/or Our servers. This information is used to access Your Account and to provide the Smart Alerts Services. Our contractors and We may match this information to personally identifiable information in order to provide You with the Smart Alerts Services.
- Everon Alerts
- As part of the Smart Alerts Services, you may subscribe to receive Everon Alerts (“Everon Alerts”) on your wireless device or other equipment via short message service, otherwise known as “text messages” (“Text Alerts”) about Your alarm system notifications, Your Account, and other types of alerts We may present and You may select to receive from time to time. Everon Alerts is available through your wireless device or other equipment when it is within operating range of your wireless service provider or a computer having an active connection to the Internet.
- Text Alert Details
- As a condition of Your use of the Smart Alerts Services, You will comply with all applicable Federal, state and/or local laws, rules, and regulations in Your use of the Smart Alerts Services, including without limitation, all applicable laws that limit, condition or prohibit Your usage of video/audio surveillance. You are solely responsible for being informed about any such laws, rules, or regulations. If We have any reason to suspect that You are violating any applicable law, rule, or regulation, We may investigate the suspicion and determine in Our sole discretion whether to notify the proper authorities and/or terminate Your access to the Smart Alerts Services. You agree that We may, without notice to You, disclose any of Your electronic communications of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect Our rights or property or the rights or property of any third party.
- You have no ownership rights in this Site or Your Account Information. Rather, You have a license to use this Site and access Your Account Information as long as these Terms remain in force and effect. You understand and agree that We may revoke Your use of this Site or Your Account Information at any time in Our sole discretion. Ownership of this Site and Your Account Information, and all intellectual property rights therein shall remain at all times with Us and Our licensors. We expressly reserve all rights not granted to You herein. You may not remove any proprietary notices from Your Account Information. Any other use of this Site and Your Account Information by any person, business, corporation, government organization, or any other entity other than the uses permitted under these Terms is strictly forbidden.
- You acknowledge that this Site and Your Account Information contain Our proprietary trade secrets and You hereby agree to maintain the confidentiality of this Site and Your Account Information using at least as great a degree of care as You use to maintain the confidentiality of Your own most confidential information. You agree to communicate these Terms to all persons who will have access to Your Password and Your Account Information, and to require such persons to be bound by similar confidentiality obligations.
- THE SMART ALERTS SERVICES, THIS SITE, EVERON ALERTS AND YOUR ACCOUNT INFORMATION, AGENT INFORMATION AND SUPPLIER INFORMATION ARE PROVIDED FOR YOUR CONVENIENCE ONLY. WE AND OUR AGENTS AND SUBCONTRACTORS PROVIDE THIS SITE AND THE SMART ALERTS SERVICES ‘AS IS’ AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE OR THE SMART ALERTS SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SMART ALERTS SERVICES, THIS SITE, EVERON ALERTS OR YOUR ACCOUNT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SMART ALERTS SERVICES, THIS SITE, OR YOUR ACCOUNT WILL BE CORRECTED. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.
- WE MAKE NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SMART ALERT SERVICES OR EQUIPMENT WILL AVERT OR PREVENT ADVERSE EVENTS OR THE CONSEQUENCES THEREFROM. EVERON EXPRESSLY DISCLAIMS ALL LIABILITY RELATED TO PERSONAL INJURY OR LOSS. IT IS YOUR RESPONSIBILITY TO OBTAIN INSURANCE TO COVER SUCH RISK OF LOSS AND YOU SHALL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO EVERON TO COVER LOSS, DAMAGE OR INJURY ARISING FROM THE SMART ALERT SERVICES. EVERON SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR INJURY DUE DIRECTLY OR INDIRECTLY TO THE SMART ALERTS SERVICES, OR THE CONSEQUENCES THEREFROM AND YOU RELEASE EVERON AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM EVERON ARISING AS A RESULT OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY. IF EVERON IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY DUE TO A FAILURE OF THE SMART ALERT SERVICES OR EQUIPMENT IN ANY RESPECT, OUR LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO $1,000 WHICH REPRESENTS AGREED UPON DAMAGES AND NOT A PENALTY, AS YOUR SOLE REMEDY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THIS SITE AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY THAT YOUR OR ANY OTHER USERS USE OF THIS SITE OR ANY THIRD PARTY SERVICES VIOLATES THESE TERMS, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL WE, OUR SUPPLIERS OR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, MISUSE OF YOUR PASSWORD OR YOUR ACCOUNT INFORMATION BY ANY THIRD PARTY, OR LOSS OF YOUR INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY THIRD PARTY SERVICES, THE SMART ALERTS SERVICES, THIS SITE, EVERON ALERTS OR YOUR ACCOUNT INFORMATION OR FOR ANY CHANGES YOU MAKE TO YOUR ACCOUNT INFORMATION OR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE OR OUR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- The trademarks, trade names, logos, service marks, trade dress and products (collectively the "Trademarks") displayed on this Site are Our registered and unregistered Trademarks and the registered and unregistered Trademarks of others. The Trademarks displayed on this Site are protected in the United States and internationally. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without Our written permission or the written permission of the third party that owns such Trademark. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The materials on this Site are protected by copyright and trademark laws of the United States and other countries and are owned by, or licensed to Us. All content on this Site is owned or controlled by Us. You may download content only for Your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of this Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of Our Legal Department. Copyright in the pages of this Site and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Us and/or Our affiliates, unless otherwise indicated. In addition, the materials contained on this Site may be Our proprietary and/or trade secret information and may not be copied, compiled, or distributed without Our prior written consent. Our names and Our logos are registered marks owned by ADT Commercial LLC d/b/a Everon or Our affiliate. All trademarks not owned by ADT Commercial LLC d/b/a Everon or Our affiliate are the property of their respective owners and are used with permission or allowed under applicable laws.
- Your license to use this Site will immediately and automatically terminate without notice if You fail to comply with any of these Terms or any other Services Agreement, or if Your Account is terminated or for any other reason at Our sole discretion. Upon such termination, Your Password will no longer be valid and You shall no longer have the right to use or access the Smart Alerts Services, this Site, or Your Account Information. All provisions relating to confidentiality, ownership rights, indemnity, limitation of liability, hold harmless and non-disclosure shall survive the termination of these Terms.
- These Terms shall be construed, interpreted and governed by the laws of the State of Florida without regard to the conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to these Terms shall be brought in an appropriate federal or state court sitting in the State of Florida. These Terms, in conjunction with Your obligations under each other Services Agreement, shall constitute the entire Agreement between the parties hereto. If a court of competent jurisdiction finds any part of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as to reasonably enforce the intention of the parties.
- 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.
- For any questions concerning these Terms or this Site, please contact Us by calling 1-844-538-3766.