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PLEASE
READ THESE TERMS OF USE CAREFULLY. BY USING THE ALARM.COM SAFETY STICKER FEATURE ("FEATURE"),
YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS
OF USE, PLEASE DO NOT USE THE FEATURE.
1.
General.
This Feature is owned and
operated by Alarm.com, Inc. (referred to as "Alarm.com"). Alarm.com has the right at any time to
change or discontinue any aspect of the Feature, including,
without limitation, the content, availability, and equipment
needed for access or use of the Feature.
2.
Restrictions on Use.
A.
You shall use the Feature for lawful purposes only. You shall
not use the Feature on any site that includes any material which violates or
infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, gives rise
to civil liability or otherwise violates any law. You shall not use the
Feature to advertise or
perform any commercial solicitation, including, without limitation, the
solicitation of users to become subscribers of other on-line information
services competitive with the services provided by Alarm.com, including the Feature.
Any conduct by you that in Alarm.com's
discretion restricts or inhibits any other user from using or enjoying
the Feature or Alarm.com services will not be permitted.
B.
The Feature contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound,
and the contents of the Feature are copyrighted under the United States
copyright laws. You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of Alarm.com
and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice
shall be made and no ownership rights shall be transferred.
C.
Subject to Alarm.com's policies
regarding privacy, any e-mails, notes, message/billboard/forum postings,
ideas, suggestions, concepts or other material submitted by third party
end users of the Feature will be treated
as non-confidential and non-proprietary and will become the property of Alarm.com
throughout the universe.
D.
The foregoing provisions of Section 2 are for the benefit of
Alarm.com, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
3.
Disclaimer of Warranty; Limitation of Liability.
A.
YOU EXPRESSLY AGREE THAT USE OF THE FEATURE IS AT YOUR SOLE
RISK. NEITHER ALARM.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT THE FEATURE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FEATURE, OR
FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH
THE FEATURE.
B.
THE FEATURE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE FEATURE.
C.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF THIS FEATURE TO THE FULLEST EXTENT
PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY
NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT ALARM.COM IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ALARM.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS FEATURE. THIS DOES
NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
4.
Indemnification.
You agree
to defend, indemnify and hold harmless Alarm.com and its affiliates and
their respective directors, officers, employees and agents from and
against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys' fees)
arising out of your use of the Feature.
5.
Trademarks.
Alarm.com
and its logos are trademarks of Alarm.com, Inc. All rights reserved. All
other trademarks appearing on the site are the property of their
respective owners.
6.
Third Party Content.
Alarm.com
is not a publisher of content supplied by third parties and users of the
Feature. Accordingly, Alarm.com has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers and users, are those of the respective author(s) or
distributor(s) and not of Alarm.com. In many instances, the content
available through the Feature represents the opinions and judgments of the
respective information provider or user. Alarm.com neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or
statement made through the Feature by anyone other than authorized Alarm.com
employee spokespersons while acting in their official capacities.
7.
Changed Terms.
Alarm.com
has the right at any time to change or modify the terms and conditions
applicable to use of the Feature, or any part thereof, or to impose new
conditions, including, without limitation, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by any
means including, without limitation, electronic or conventional mail, or by any other means. Any use of the
Feature by you after such notice shall be deemed to constitute acceptance of
such changes, modifications, additions or deletions.
8.
Miscellaneous.
These terms
of use constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject matter. These
terms of use shall be construed in accordance with the laws of the State
of Virginia,
without regard to its conflict of laws rules. You hereby consent to the
personal jurisdiction of the State of Virginia, acknowledge that venue is
proper in any state or Federal court in the State of Virginia, agree that
any action related to these terms of use must be brought in a state or
Federal court in the State of Virginia, and waive any objection that may
exist, now or in the future, with respect to any of the foregoing. No
waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be
given any legal import.
9.
The Alarm.com Feature and Web site incorporate links to other Web
sites. Alarm.com does not in any way endorse, nor is it responsible for,
the content on those other Web sites.
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