Website Terms of Use
ADT WEBSITE TERMS AND CONDITIONS OF USE
Last revised: August 30, 2012
These ADT Website Terms and Conditions of Use (the “Terms”)
govern your use any websites that are owned or operated by ADT LLC, d/b/a ADT
Security Services (“ADT,” “we,” “us” or “our”), and which contain a link to the
Terms (collectively, and together with all services available through such
websites, the “Site”). By accessing the Site, you agree to be bound by the
Terms. If you do not agree to the Terms,
please exit the Site immediately and do not access any of the associated pages
or materials. Please consult the ADT Online Privacy Policy
for a description of our privacy practices and policies on the Site.
ADT owns and/or operates the Site, and we reserve the right, in our sole
discretion, to change, modify, add or remove any portion of this Site or the
Terms, whether in whole or in part, at any time and for any reason. Changes to the Terms will be effective when
posted. You agree to review the Terms
periodically to be aware of any changes.
Your continued use of this Site after any changes to the Terms will be
considered acceptance of those changes.
PERMITTED USE
You
agree that you are authorized to visit, view and use the information on the
Site for personal, informational, and non-commercial purposes only. You are prohibited from duplicating, downloading,
publishing, modifying or otherwise distributing, in whole or in part, any
content and materials on the Site (including, without limitation, any text and
images resident on the Site) without ADT’s express written permission. All pages and any material contained on the
Site are the property of ADT, or are owned by a third party and are used by ADT
under license, and are protected by U.S. and international copyright and other
intellectual property laws.
LIMITED LICENSE
ADT
grants you a limited, non-exclusive, revocable and non-transferable license to
utilize and access the Site pursuant to the requirements and restrictions
contained in these Terms. ADT may, in
its sole discretion, change, suspend or discontinue any aspect of the Site at
any time. We may also impose limits on
certain services or restrict access to all or certain portions of the Site,
without notice or liability. ADT does not grant any express or implied right to
you under any patents, trademarks, copyrights or trade secret information; and
you shall have no right, either directly or indirectly, to own, use, loan,
sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt,
improve or create any new or derivative works from, or display, distribute,
perform or in anyway exploit the Site or any of its contents (including
software) in whole or in part. You agree to not disrupt, interrupt or attempt
to interrupt the operation of the Site in anyway, including, without
limitation, changing or deleting any proprietary notice from any materials
downloaded from the Site.
VIOLATIONS OF THE TERMS
You understand and agree that ADT may, in its sole
discretion, with or without prior notice, terminate your access to the Site
and/or exercise any other available remedy if we determine that you have
violated (i) any provision of the Terms; (ii) ADT’s rights; (iii) the rights of
third parties or (iv) any applicable laws or regulations. You acknowledge and
agree that monetary damages may not adequately compensate ADT for your non-compliance
with the Terms, and you therefore consent to injunctive or other equitable
relief in the case of such violations.
You further agree that ADT may release certain information about you if
we are required to do so by applicable laws or a valid subpoena.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless ADT, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the 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
use of the Site violates the Terms, any applicable law or regulation, or the
rights of any third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ADT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
SUBSIDIARIES, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO
THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF
THE SITE OR ANY LINKED WEBSITE, EVEN IF ADT IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE,
SITE-RELATED SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR
THOSE SERVICES.
LINKING TO THE SITE
LINKING
TO THE ADT SITE INDICATES THAT YOU ACCEPT ADT’S TERMS OF USE AND LEGAL
RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT
ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS
SITE.
By linking to the Site, you agree that you will not:
• Replicate any of the Site’s content;
• Frame or otherwise create a browser or border environment
around the Site’s content;
• State or imply that ADT is endorsing you, your company or
business, your website or its contents, your products or your services;
• Misrepresent your or your website's relationship with ADT;
• Present false, misleading or inaccurate information about
ADT, our products or services, any of our affiliates or any of our affiliates’
products or services;
• Disparage ADT, its products or services, any of its
affiliates or any of its affiliates’ products or services;
• Use ADT's trademarks, logos or copyrighted materials without
obtaining express prior written authorization from ADT;
• Include content on your website that is or could reasonably
be construed as illegal, distasteful, offensive or controversial (i.e., you
agree that all content on your website is appropriate for all age groups); or
• Link to an internal page of this Site that is located one or
several levels down from the home page, or bring up or present content of this
Site on another website, without obtaining express prior written authorization
from ADT.
DISCLAIMER OF
WARRANTIES
ADT CANNOT AND DOES 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 THE SITE.
THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL
INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. ADT DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT,
MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ADT RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF
THE SITE. ADT MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE
PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY
TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS”
AND ADT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR
ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH THE SITE AND ADT SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD-PARTY WEBSITES
Please note that the Site may contain links to third-party websites not owned
or operated by ADT. We make no
representations or warranties whatsoever about any other website, or the
contents thereof, that you may access through the Site. When you access a third-party website, please
understand that you are doing so at your own risk and that it is your
responsibility to take all protective measures to guard against viruses or
other destructive elements. ADT has no
control over such third-party websites, and therefore is not responsible for
their contents. Any links to third-party
websites are provided to you for your convenience only, and the inclusion of
such links does not mean that ADT endorses or accepts any responsibility for
the content, or the use, of the linked website.
Including these links does not imply that ADT is affiliated or
associated with, or is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that
any linked third-party website is authorized to use any trademark, trade name,
logo or copyright symbol of ADT or any of its affiliates or subsidiaries.
GOVERNING LAW
This Site is operated and administered from within the United States of America
(“U.S.”). Use of this Site shall be governed by all applicable Federal laws of
the U.S. and the laws of the State of Florida, without giving effect to its
conflict of laws provisions. In the event of any dispute or claim relating to
the Site and/or the Terms, you agree to the resolution of such dispute in the state
or Federal courts located in the State of Florida, in accordance with Florida
law. Any cause of action you may have
with respect to your use of the Site must be commenced within one (1) year
after the claim or cause of action arises.
MISCELLANEOUS
ADT reserves the right, in its sole discretion, to terminate your access to all
or part of the Site, with or without cause, and with or without notice. In the event that any provision of the Terms
are found by a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so as to effect the intent of the Terms, and all remaining
provisions shall otherwise remain in full force and effect. The Terms constitute the entire agreement
between ADT and you pertaining to the subject matter hereof. In its sole discretion, ADT may revise these
Terms from time-to-time by posting an updated version of the Terms to the Site. You should, therefore, periodically visit the
Site to review the current version of the Terms in effect, so that you are
aware of any such revisions to which you are bound.
TRADEMARK, COPYRIGHT AND
PROPRIETARY INFORMATION NOTICE
The trademarks, trade names, logos,
service marks, trade dress and product configurations and packaging displayed
on this, and related, web sites operated by ADT LLC and its affiliates (“ADT
Web Sites”) are registered and unregistered trademarks of ADT U.S. Holdings,
Inc. or its affiliates, unless otherwise indicated.
All of the content on the pages of the
ADT Web Sites, the manner of displaying the pages, and all of the materials
downloadable therefrom are copyright-protected intellectual property owned by,
or licensed to, ADT LLC and/or its affiliates; and may only be used for personal,
informational, non-commercial purposes.
The content and materials contained in the ADT Web Sites may not
otherwise be copied, modified, distributed, reproduced or reused without the
express written permission of ADT. In
particular, any materials contained on the ADT Web Sites that are marked as, or
otherwise appear to be, ADT proprietary and/or trade secret information may not
be copied or distributed in whole or in part in any form without the prior
written consent of ADT.
The trademarks, content, and other
materials on the ADT Web Sites are protected by the intellectual property laws
of the U.S. and other countries. ADT
will protect its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution where warranted.
SOCIAL SECURITY NUMBERS
ADT complies with its legal obligations regarding the use and disclosure of
Social Security numbers. ADT also takes commercially reasonable steps to
minimize the use of Social Security numbers, as well as to reduce the chances
of unauthorized disclosure of Social Security numbers.