If You are an individual, You must be an adult of at least 18 years of age to obtain or use any Interactive Solutions Services and by accepting these Terms, You confirm that (a) You are an adult of at least 18 years of age, and (b) You are accepting these Terms on behalf of Yourself and all others in Your household who will use the Interactive Solutions Services (You and such other users of the Interactive Solutions Services collectively, “Users”). If You are an entity, by accepting these Terms, You confirm (through Your duly authorized representative) 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 Interactive Solutions Services (You and such other users of the Interactive Solutions Services collectively, “Users”).
ADT 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, ADT MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, BLOCK OR RESTRICT YOUR ACCESS TO THIS SITE AND/OR PURSUE LEGAL ACTION AGAINST YOU.
If You purchased Interactive Solutions Services under an Alarm Services Contract (“Alarm Services Contract”) with an ADT Authorized Dealer (“Dealer”) and ADT has not purchased such Alarm Services Contract from Dealer, You agree that (a) We provide the Interactive Solutions Services as Dealer’s independent contractor under the terms of an agreement between Dealer and Us, (b) We did not and do not provide any Interactive Solutions Equipment (as hereinafter defined) to You and have no obligation under any warranty for such equipment, (c) You are permitted to use this Site and all Software under a sublicense from Dealer to You, (d) in consideration of ADT providing the Interactive Solutions Services as an independent contractor of Dealer, You are obligated under and bound by these Terms as if You had purchased Interactive Solutions Services directly from ADT including, without limitation, those obligations contained in Paragraphs 2, 3, 5, 6 and 7. below, (e) We have no direct contractual obligations to You as the Dealer is obligated to provide Interactive Solutions Services, Interactive Solutions Equipment and any installation services to You pursuant to Your Alarm Services Contract with Dealer, (f) these Terms are part of Your Alarm Services Contract, (g) as Dealer’s independent contractor, We are an intended third party beneficiary of the Limited Warranty, No Liability, Limited Liability and Hold Harmless clauses contained in the Alarm Services Contract including those contained in Paragraphs 5, 6, 7, 8, 9 and 10 of the Important Terms and Conditions of the Alarm Services Contract or, if the Alarm Services Contract is not Dealer’s current form of Alarm Services Contract, the equivalent paragraphs contained in Your Alarm Services Contract, and (h) Dealer is an independent dealer of ADT and is not an employee or agent of ADT.
1. 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 Interactive Solutions Services. The Interactive Solutions 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 Interactive Solutions Services communication features, which include, among other things, communication of Your Account Information (defined later in these Terms) between the Interactive Solutions Equipment and Our servers or the servers of our contractors. Once You use the Interactive Solutions 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 Interactive Solutions Services. Our contractors and We may match this information to personally identifiable information in order to provide You with the Interactive Solutions Services.
2. Subject to these Terms, We grant You a non-transferable license to use Your Site password (“Password”) to access Your Account on this Site for Your own personal use, and to use the Interactive Solutions Services in accordance with the Services Agreement, solely to facilitate Your business with Us. You agree that You will not permit or allow any third party to use or access Your Password, this Site, or any Personal Information (as defined later in these Terms) contained therein (collectively, the “Account Information”) and that You shall not use any proprietary or confidential information contained in this Site or Your Account Information for any purpose other than to facilitate Your business with Us. You may not publish, display, disclose, modify, distribute, or create derivative works based on this Site, any Software, Your Account Information or any part thereof other than in the regular course of facilitating Your business with Us. You may not reverse engineer, recompile, translate, adapt, or disassemble any Software, this Site or any part thereof. You may not transmit Your Account Information to any third party without Our prior written approval. You agree to comply with all trademark, copyright and other laws worldwide in Your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, We do not grant any express or implied right to You under any patents, trademarks, copyrights, or trade secret information.
3. ADT Pulse Alerts
As part of the Interactive Solution Services, you may subscribe to receive ADT Pulse Alerts (“Pulse Alerts”) on your wireless device or other equipment via short message service, otherwise known as “text messages” (“Text Alerts”) or by E-mail (“Email 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. Pulse 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
ii. Text Alert Details
You understand that your wireless service providers message and data rates may apply to Text Alerts, and may appear on your wireless bill or be deducted from your pre-paid balance. Supported wireless service providers include: AT&T, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless and others. Text Alerts may not be delivered to you if your wireless device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that We and your wireless service provider does not guarantee that Text Alerts will be delivered.
iii. Email Alert Details
In order to sign up and maintain Your Account, it is required that You provide Us with a valid e-mail address to which We may send alarm system alerts you set for Yourself and other notices about Your Account. You will be presented with several categories of alert types other than alarm system alerts, and You must enable each alert type You would like to receive, the frequency and availability of which depend on the alert types you select to receive for Pulse Alerts. The email address you provided to Us during Your Account set-up will be set as your default e-mail address to which you will automatically receive E-mail Alerts unless You choose to provide Us with an alternative email address. An email address will always be required if You sign up for the Interactive Solution Services in order to maintain Your Account. You may adjust, add, or remove Your alert types at any time in the Alerts Tab section of Your Account. In order to change Your e-mail address go to the My Profile section of the System tab of Your Account and add or remove Your e-mail address(es) from the change contact information page.
4. As a condition of Your use of the Interactive Solutions Services, You will comply with all applicable Federal, state and/or local laws, rules, and regulations in Your use of the Interactive Solutions 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 Interactive Solutions 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.
5. 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.
6. 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.
7. THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE, ADT PULSE 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 INTERACTIVE SOLUTIONS 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 INTERACTIVE SOLUTIONS SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE, ADT PULSE ALERTS OR YOUR ACCOUNT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE INTERACTIVE SOLUTIONS 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. Some states do not allow the disclaimer of implied warranties. So, the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may have other legal rights that vary from state to state.
8. IN ADDITION TO THE LIMITATION OF LIABILITY, LIMITED WARRANTY, NO LIABILITY, LIMITED LIABILITY AND HOLD HARMLESS CLAUSES CONTAINED IN THE CONTRACT, 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 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 THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE, ADT PULSE 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.
10. 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 Interactive Solutions 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.
11. 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.
12. 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.
13. For any questions concerning these Terms or this Site, please contact Us by calling 1-800-238-2727 or by writing Us at ADT Pulse Interactive Solutions, 1501 Yamato Rd, Boca Raton, Florida, 33431, Attn: Customer Service.