Alarm The Farm LLC. Terms of Service

 

Alarm the Farm LLC (���Alarm the Farm���) provides: (1) a Alarm the Farm user account website that may be accessed at Alarm.farm, AlarmTheFarm.com, and Greenhouse247.com websites (���Sites���), and (2) services accessible through the Sites (���Web Apps���), all for use in conjunction with Alarm the Farm hardware products (���Products���). The term ���Services��� means the Sites, and Web Apps.

These Terms of Service (���Terms���) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.

AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH EMERGENCIES AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

1.      Overview, Eligibility, Customer Service, Term and Termination

(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services. Your purchase of any Product is governed by the limited warranty provided with that Product (���Limited Warranty���) and may further be governed by the Terms & Conditions of Sale. The software embedded in the Product (and any updates) (���Product Software���) is licensed and governed by the End User Licensing Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules, and the Website Privacy Policy ("Website Privacy Policy"), and the Privacy Statement (���Privacy Statement���), are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.

 

(b) Eligibility. You may use the Services only if you can form a binding contract with Alarm the Farm, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by Alarm the Farm.

(c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Alarm the Farm.

(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Alarm the Farm may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Alarm the Farm in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Alarm the Farm.

(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

(f) Post-Termination Assistance. Unless we terminate your use of the Service Offerings pursuant to Section 1(d)(ii), during the 30 days following termination: (1) we will not erase any of your Raw Data as a result of the termination; (1) you may retrieve your Raw Data from the Services only if you have paid any charges for any post-termination use of the Service Offerings and all other amounts due; and (3) we will provide you with the same post-termination data retrieval assistance that we generally make available to all customers. Any additional post-termination assistance from us is subject to mutual agreement.

2.      Accounts

To use the Services, you must register for a user account (���Account���) and provide certain information about yourself as prompted. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use ���strong��� passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Alarm the Farm of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Alarm the Farm is not liable for any loss or damage arising from your failure to comply with the above requirements.

3.      Access to Services

(a) Access and Use. Subject to these Terms, Alarm the Farm grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Alarm the Farm for your use (the ���Permitted Purpose���).

(b) Automatic Software Updates. Alarm the Farm may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (���Updates���). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Alarm the Farm provides. Your continued use of the Services and the Product is your agreement ��� (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software.

 

(c) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (���Content���). You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Alarm the Farm reserves the right to remove any Content from the Services at any time, for any reason, or for no reason at all.

(d) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Alarm the Farm; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms; (viii) you agree to not upgrade, install software patches, install additional software, remove installed software, change configurations or modify user or machine accounts, change telecommunication settings or data network settings and or providers on the on-site or cloud servers and hardware that comprise the Alarm.Farm systems and services.

(e) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (���GPL���) or other open source licenses (���Open Source Software���). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

(f) Privacy Statement. Please review the Privacy Statement. The Privacy Statement describes practices regarding the information that Alarm the Farm may collect from users of the Products and Services, including any Content or User Submissions.

(g) Security. Alarm the Farm cares about the integrity and security of your personal information. However, Alarm the Farm cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

(h) Modification. Alarm the Farm reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Alarm the Farm will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

(i) Access Outside Certain Countries. Although the Sites are accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Alarm the Farm supports the Product and Services listed here ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and some or all of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, Alarm the Farm accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites or Alarm the Farm Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or use the Services.

(j) Remote Access. Alarm the Farm may at our discretion perform remote access and maintenance on your hardware and sensors. You understand and accept that you are solely responsible for the cyber security of any systems and network attached devices that reside on the same network segments as Alarm the Farm hardware and sensors and you are responsible for performing 3rd party security assessments, vulnerability scanning and penetration testing.

4.      Agreed Usage and Limitations Of Alarm the Farm Services

(a) Intended Use of Alarm the Farm Services. The Services are intended to be accessed and used for non-time-critical information and control of Alarm the Farm products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Alarm the Farm���s control, including wireless communications intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Alarm the Farm is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

(b) No Critical Uses of the Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for critical uses. Alarm the Farm makes no warranty or representation that use of the Products or Services with any third-party product or service will affect or increase any level of assurance.

(c) Reliability of Notifications. You acknowledge that the Services, including remote access and notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY CRITICAL PURPOSES. NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR ALARM THE FARM PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ��� THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

(d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Alarm the Farm does not offer any specific uptime guarantee for the Services.

(e) System Requirements. The Services will not be accessible without: (i) an Account; (ii) other system elements that may be specified by Alarm the Farm. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

(f) The Services provide you information (���Product Information���) regarding the Products at your farm, greenhouses, and home and their connection with other products and services. All Product Information is provided ���as is��� and ���as available���. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information.

(g) You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Alarm the Farm; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Alarm the Farm Account or anyone else���s Account (such as allowing someone else to log in to the Services as you; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or ���spam��� on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services��� infrastructure); or (x) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; (xi) makes any hardware, software or network component of the service a part of or a redirection or transfer agent for any malware, botnet, phishing operation, hacker network, or dark web domain, site or network.

5.      Limitations Of Alarm the Farm Services Due to Third Parties.

(a) General. Alarm the Farm Services rely on or interoperate with third party products and services. These third party products and services are beyond Alarm the Farm���s control, but their operation may impact or be impacted by the use and reliability of the Alarm the Farm Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Alarm the Farm Services operate, and (iii) Alarm the Farm is not responsible for damages and losses due to the operation of these third party products and services.

(b) Third Party Service Providers Used By Alarm the Farm. You acknowledge that Alarm the Farm uses third party service providers to enable some aspects of the Services ��� such as, for example, data storage, synchronization, and communication through Amazon Web Services, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY EMERGENCY OR TIME-CRITICAL PURPOSES.

(c) Third Party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties (���Third Party Sites���) and referrals to third party vendors (���Referred Vendors���). Such Third Party Sites and Referred Vendors are not under our control. Alarm the Farm provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.

(d) Release Regarding Third Parties. Alarm the Farm is not responsible for third parties or their products and services, including, without limitation, Third Party Products and Services and Third Party Sites. Alarm the Farm hereby disclaims and you hereby discharge, waive and release Alarm the Farm and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: ���A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.��� YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

6.      Ownership and Intellectual Property

(a) Alarm the Farm Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Sites and Web Apps) are owned by Alarm the Farm or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Alarm the Farm and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Alarm the Farm. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to User Data, Alarm the Farm retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

(b) Feedback. You may choose to, or Alarm the Farm may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (���Ideas���). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Alarm the Farm under any fiduciary or other obligation. Alarm the Farm may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Alarm the Farm does not waive any rights to use similar or related ideas previously known to Alarm the Farm, developed by its employees, or obtained from other sources.

(c) Data. Your Farm Alarm Sensor transmits environmental, industrial and performance data to our servers.�� You retain all right, title and interest to your non-aggregated, non-anonymized data (���Raw Data���). You grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your Raw Data (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate your Raw Data as necessary to provide you with the Services, and also use the Raw Data in combination with data from other sources to create aggregated data (���Aggregate Data���). Alarm the Farm retains all right, title, and interest in any Aggregate Data and is not subject to any limitations or restrictions with respect to its use or distribution of the Aggregate Data.�� Alarm the Farm will take reasonable steps to anonymize the Aggregate Data prior to sharing it with any third party.

7.      Indemnity

You agree to defend, indemnify and hold Alarm the Farm and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys��� fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any Raw Data or Feedback you provide; or (iv) your violation of any law or the rights of any third party. Alarm the Farm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Alarm the Farm and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Alarm the Farm���s prior written consent. Alarm the Farm will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8.      Warranty Disclaimers

(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE EULA, RESPECTIVELY.

(b) THE SERVICES (I.E., THE SITES, WEB APPS) ARE PROVIDED FOR YOUR CONVENIENCE, ���AS IS��� AND ���AS AVAILABLE��� AND ALARM THE FARM AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

(c) ALARM THE FARM AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALARM THE FARM OR THOUGH THE SERVICES CREATES ANY WARRANTY.

(d) ALARM THE FARM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ALARM THE FARM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

(e) ALARM THE FARM MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND ALARM THE FARM WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. ALARM THE FARM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

9.      Limitation of Liability

Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) ALARM THE FARM BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF ALARM THE FARM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) ALARM THE FARM���S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO ALARM THE FARM FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ALARM THE FARM DISCLAIMS ALL LIABILITY OF ANY KIND OF ALARM THE FARM���S LICENSORS AND SUPPLIERS.

10.   Fees and Payment

Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on the Sites, in connection with such Services selected by you. Alarm the Farm reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on one or both of the Sites. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable. If you have purchased your Product from us, please refer to your Product documentation for returns and warranty information, or contact support.

 

11.   Disputes and Arbitration

(a) Contact Alarm the Farm First. If a dispute arises between you and Alarm the Farm our goal is to learn about and address your concerns. You agree that you will notify Alarm the Farm about any dispute you have regarding these Terms by contacting Alarm the Farm.

(b) Binding Arbitration. You and Alarm the Farm agree, subject to clause 12(c) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to clause 12(c) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

(c) Arbitration Procedures. You must first present any claim or dispute to us by contacting Alarm the Farm to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Alarm the Farm. Alarm the Farm may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 12(f) (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Hanover, New Hampshire, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party���s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Alarm the Farm nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Alarm the Farm. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

(f) YOU MUST CONTACT ALARM THE FARM WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

12.   General

(a) Changes to these Terms. Alarm the Farm reserves the right to make changes to these Terms. We'll post notice of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

(b) Governing Law. You agree that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services is governed by the laws of the State of New Hampshire without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. You agree to submit to the personal jurisdiction of the state and federal courts in or for New Hampshire for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.

(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Alarm the Farm may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Alarm the Farm regarding the use of the Services. Any failure by Alarm the Farm to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

(e) Survivability. The obligations in Sections 4, 6, 7, 8, 9, 11, and 12 survive any expiration or termination of these Terms.

(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Alarm the Farm���s prior written consent. These Terms may be assigned by Alarm the Farm without restriction. These Terms are binding upon any permitted assignee.

(g) Notifications. Alarm the Farm may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on www.Alarm.Farm.com. Alarm the Farm is not responsible for any automatic filtering you or your network provider may apply to email notifications. Alarm the Farm recommends that you add @Alarm.Farm.com email addresses to your email address book to help ensure you receive email notifications from Alarm the Farm.

(h) Disclosures. Please see here for Alarm the Farm���s address.�� If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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(i) Copyright/Trademark Information. Copyright �� 2015, Alarm the Farm LLC, All rights reserved. All trademarks, logos, and service marks (���Marks���) displayed on the Services are the property of Alarm the Farm or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Alarm the Farm or such respective holders. Alarm the Farm reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.