1. A. PAYMENTS; TERM; CONSUMER
REPORT. All charges are payable in advance. The initial term of this
Contract is the term selected by you at checkout. ADT's alarm monitoring and notification
services will begin when the equipment is installed, operational and
communicating with ADT's Customer Monitoring Center ("CMC"). This
Contract will automatically renew for successive thirty (30)-day terms unless
terminated by either party at least thirty (30) days before the end of the
current term. If terminated, this Contract ends on the last day of the
then-current term. I may terminate my service by calling ADT at 800.327.4348. I
authorize ADT to obtain a non-investigative consumer report, commonly referred
to as a credit check or credit report, about me from a consumer reporting
agency at any time during the term.
B. SECURITY DEPOSIT. ADT
may require me to pay a refundable security deposit (i) before installation of
the equipment and commencement of services or (ii) at any time to continue
services if I fail to pay any amounts when they are due. If my ADT services are
terminated or ADT is otherwise required by law to refund my security deposit,
ADT shall within forty-five (45) days or as otherwise specified by applicable
law return my security deposit (without interest) minus any amounts owed by me
to ADT under this Contract (including without limitation, any Unreturned
Equipment Fees, Contract Termination Charges, false alarm fines or unpaid
Service or Installation Charges). ADT may, in its discretion, return all or a
portion of my security deposit to me prior to termination of my ADT service
(without interest).
2.
EARLY TERMINATION OF THIS CONTRACT. I AGREE THAT THE
CHARGES DUE UNDER THIS CONTRACT ARE BASED ON MY AGREEMENT TO RECEIVE AND PAY
FOR THE SERVICES FOR THE TERM SELECTED BY YOU AT CHECKOUT AND THAT ADT HAS
RELIED UPON MY AGREEMENT AND HAS INCURRED COSTS IN DECIDING TO ENTER INTO THIS
CONTRACT. IF I CANCEL SERVICE OR OTHERWISE TERMINATE THIS CONTRACT DURING ITS
INITIAL TERM, OR IF ADT CANCELS THIS CONTRACT DURING ITS INITIAL TERM FOR A
REASON SET FORTH IN PARAGRAPH 20(B) BELOW, I WILL PAY ADT 75% OF THE TOTAL
REMAINING MONTHLY CHARGES AS AN ALTERNATIVE TO ME HAVING TO PAY THE FULL REMAINING
CHARGES. THIS AMOUNT IS A CONTRACT TERMINATION CHARGE AND IS NOT A PENALTY. THE
AMOUNT IS PAYABLE IMMEDIATELY IN FULL. NO CONTRACT TERMINATION CHARGES ARE DUE
IF I TERMINATE, OR IF ADT CANCELS, DURING THE THIRTY (30)DAY RENEWAL PERIOD(S).
3.
INCREASES IN CHARGES. ADT has the right to increase the
annual service charge at any time after the first year. If I object in writing
to the increase within thirty (30) days of receiving notice of the increase,
and if ADT does not waive the increase, then I may terminate this Contract
effective thirty (30) days after ADT's receipt of my written notice of
termination. In this situation, I will not have to pay the contract termination
charges described in Paragraph 2 above.
4.
ALARM PERMITS; ADDITIONAL CHARGES AND OFFSET RIGHTS.
Certain government agencies require me to pay for and maintain alarm use
permits to receive ADT services. I agree to pay all installation and alarm use
permit fees; all directly or indirectly imposed false alarm fines, fees or
charges; all telephone or signal transmission company charges; and all other
assessments, fees and charges related to the alarm system. I agree to pay a
service charge if an ADT representative responds to a service call or alarm at
my premises because I improperly followed operating instructions; failed to
properly lock or close a window, door or other protected point; or improperly
adjusted CCTV cameras, monitors or accessories. If ADT owes me money when this
Contract ends, ADT has the right to deduct from any refund owed me (A) service
charges for thirty (30) days, if I fail to give the required written
termination notice set forth in Paragraph 1 above; (B) any contract termination
charges that I may owe as set forth in Paragraph 2 above; and (C) any other
additional charges, amounts or deposits that I owe ADT. If the amount of the
deduction equals or exceeds the amount that ADT owes me or if ADT owes me a
credit of five dollars ($5.00) or less, ADT will not be obligated to refund any
amounts to me.
5.
LIMITATION OF LIABILITY. This paragraph 5 does not apply
to liability, lawsuits or claims for personal injury or property damage caused
by ADT’s negligence during the installation of ADT equipment.
A.
INSURANCE; WAIVER OF SUBROGATION. I AGREE THAT ADT IS NOT
AN INSURER AND THAT ADT IS NOT PROVIDING ME WITH INSURANCEOF ANY TYPE. THE
AMOUNTS I PAY ADT ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE
OF MY PROPERTY, ANYONE ELSE'S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF
LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS ADT CHARGES ME ARE BASED SOLELY UPON
THE VALUE OF THE EQUIPMENT AND SERVICES ADT PROVIDES AND UPON THE LIMITED
LIABILITY ADT ASSUMES UNDER THIS CONTRACT. IF I WANT INSURANCE TO PROTECT
AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF
ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO
ADT TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY
INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST ADT ARISING AS A
RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
B.
NO GUARANTEE; NO LIABILITY. ADT'S EQUIPMENT AND SERVICES
DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THEEVENTS THEY ARE INTENDED TO
DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES,
ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY AND/OR QUALITY
SERVICE PLAN SET FORTH IN PARAGRAPHS 10, 11 AND 12 BELOW, ADT MAKES NO GUARANTY
OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR
AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ADT DOES NOT UNDERTAKE ANY RISK
THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO
INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS
WITH ME, NOT ADT. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING
ANY CLAIM OF ANY TYPE AGAINST ADT FOR LOSS, DAMAGE OR INJURY RELATING IN ANY
WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY ADT.
C.
EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY
DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAYRESULT FROM A
FAILURE BY ADT TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I
ATTEMPT TO HOLD ADT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO
PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 5, ADT IS FOUND
LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO
THE SERVICES AND/OR EQUIPMENT PROVIDED BY ADT, ADT'S LIABILITY TO ME SHALL BE
LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $500, WHICHEVER
IS GREATER. THIS AGREEDUPON AMOUNT IS NOT A PENALTY. RATHER, IT IS MY SOLE
REMEDY. UPON MY REQUEST, ADT MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS
PROVIDED FOR IN THIS PARAGRAPH 5 BY ATTACHING AN AMENDMENT TO THIS CONTRACT
SETTING FORTH THE EXTENT OF ADT'S LIABILITY AND THE ADDITIONAL CHARGES TO ME.
D.
APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 5 APPLY NO
MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHERCONSEQUENCE OCCURS, EVEN IF DUE TO
THE PERFORMANCE OR NONPERFORMANCE BY ADT OF ITS OBLIGATIONS UNDER THIS CONTRACT
OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY
APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED
FAULT ON THE PART OF ADT, ITS AGENTS OR ITS EMPLOYEES.
E.
INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING
INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINSTADT IN ANY WAY RELATED TO
(1) THE EQUIPMENT OR SERVICES PROVIDED BY ADT TO ME OR (2) ANY INACCURACIES IN
ANY PERSONAL INFORMATION, INCLUDING ANY CONTACT INFORMATION, PROVIDED BY ME TO
ADT IN ORDER FOR ADT OR ITS REPRESENTATIVES TO COMMUNICATE WITH ME FOR ANY
REASON, INCLUDING TELEPHONE CALLS, TEXT MESSAGES OR EMAILS REGARDING MY ADT
SERVICES OR NEW ADT OR THIRD-PARTY PRODUCTS AND SERVICES, THEN I AGREE TO
INDEMNIFY, DEFEND AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND
LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS'
FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND
HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST ADT
AND REGARDLESS WHETHER ADT HAS BEEN FOUND LIABLE OR WHETHER ADT HAS INCURRED
ANY EXPENSE.
F.
TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE
BROUGHT AGAINST ADT AFTER THE SHORTER OF (1) ONE YEAR AFTERTHE DATE OF LOSS OR
(2) THE TIME ALLOWED BY LAW.
G.
BENEFIT TO OTHERS. THE PROVISIONS OF THIS PARAGRAPH 5
SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES,CONTRACTORS,
SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY
MARKETERS AND OTHER PARTNERS.
6.
OTHER PARTY'S LIMITATION. If I purchased equipment or
services from ADT through another business or person, or from ADT through a
referral from another business or person, I agree that such other business or
person acts solely as an independent contractor and has no responsibility or
liability to me for the performance or nonperformance of the equipment or
services provided by ADT. I also agree that any such business or person is
entitled to the same rights as ADT under this Contract, including Paragraph 5.
7. ARBITRATION.
ADT AND I AGREE THAT ANY AND ALL DISPUTES BETWEEN US SHALL BE GOVERNED BY THIS
BINDING ARBITRATION
AGREEMENT. Arbitration is a
dispute-resolution process that does not involve a judge or jury. Instead,
Disputes are decided by a neutral third-party arbitrator in a process that is
less formal than court. As used herein, the term "Dispute" means any
claim or controversy, including, but not limited to, initial claims,
counterclaims, cross-claims and third-party claims, whether based in contract;
tort; fraud; intentional acts; violation of any statute, code or regulation; or
other legal theory. The term "Dispute" shall be given the broadest
possible meaning and will apply to, without limitation, all claims and
controversies arising from this Agreement; sales activities; goods and
services; advertisements, promotions and other statements; billing and collection
practices; privacy; and any other dispute arising from my interaction or
relationship with ADT. ADT agrees not to elect arbitration if I file a Dispute
in a small claims court in my state of residency so long as the Dispute is
individual and non-representative in nature and remains exclusively as such in
small claims court. PreArbitration Notice Requirement. Before initiating an
arbitration or a small claims matter, ADT and I agree to first provide to the
other a written "Notice of Dispute" that will contain: (a) a written
description of the issue and the supporting documents and information, and (b)
a specific request for money or other relief. A Notice of Dispute to ADT should
be sent to: Litigation Department, ADT Security Services, 1501 Yamato Dr., Boca
Raton, FL 33431. ADT will mail a Notice of Dispute to my protected Premises
address. ADT and I agree to make attempts to resolve the Dispute prior to
commencing an arbitration or small claims action. If an agreement cannot be
reached within forty-five (45) days of receipt of the Notice of Dispute, ADT or
I may commence an arbitration proceeding or small claims action. Initiation of
Arbitration Proceeding. If either party elects to arbitrate a Dispute, the
Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement
and the then-current code of proceedings of the national arbitration
organization to which the Dispute is referred. A party may refer a Dispute to
either the American Arbitration Association ("AAA") or the Judicial Arbitration
and Mediation Services ("JAMS"). If ADT elects arbitration and
chooses one of the organizations to administer, I may object and automatically
have the other organization administer the proceedings simply by notifying ADT
of my objection in writing within 30 days of my receipt of ADT's initial
selection. To obtain a copy of the procedures, or to file a Dispute, I may
contact the organizations at the following: (1) AAA, 335 Madison Avenue, New
York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los
Angeles, CA 92614, www.jamsadr.com. IF EITHER PARTY ELECTS TO ARBITRATE A
DISPUTE, ADT AND I WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE
THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, THE PARTIES MAY ALSO WAIVE
OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER
PARTY ELECTS TO ARBITRATE A DISPUTE, I WAIVE MY RIGHT TO PARTICIPATE IN A
REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION
RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration
will be arbitrated on an individual basis, between ADT and me only, without
exception. A Dispute cannot be joined or consolidated with any other claim or
action. Arbitration Proceedings. Because my transaction(s) with ADT involves
interstate commerce, this Arbitration Agreement and any Dispute arbitrated
hereunder shall be governed by the Federal Arbitration Act ("FAA").
The JAMS or AAA code of procedures, as chosen, will govern the arbitration, but
if there is a conflict between the applicable code of procedures and this
Arbitration Agreement, this Arbitration Agreement shall control to the fullest
extent permitted by the FAA. Unless otherwise agreed to by the parties, the
arbitration will be conducted by a single, neutral arbitrator at a location
within the federal judicial district in which I reside. Upon my request, ADT
will reimburse me for all filing and administrative fees required for
initiating the arbitration. Otherwise, each party is responsible for its own
respective costs and fees, including, but not limited to, attorney and expert
fees. The arbitrator shall apply applicable substantive law and, upon the
request of either party, issue a written explanation of the basis for the
decision. Judgment on the arbitration award may be entered in any court having
proper jurisdiction. EXCEPT AS FOLLOWS, THE ARBITRATOR'S DECISION WILL BE FINAL
AND BINDING. A party may appeal the arbitrator's initial award to a
three-arbitrator panel administered by the same arbitration organization upon
written notice within 30 days of the initial award. The arbitration
organization will notify the other party of the appeal. The panel shall
consider any aspect of the initial award objected to by the appealing party and
issue a decision within 120 days of the date of the notice of appeal. The
majority decision by the three-member panel shall be final and binding. Any
dispute regarding the applicability, enforcement or interpretation of Paragraph
5 or this Paragraph 7, shall be resolved by a court having proper jurisdiction.
This Arbitration Agreement will not prevent me from bringing a Dispute to the
attention of any federal, state or local government agency. This Arbitration
Agreement shall survive termination of this Agreement.
8.
OWNERSHIP AND PAYMENT OBLIGATION. All equipment
installed by ADT pursuant to this Contract shall be owned by the Customer
except as otherwise agreed in writing. I agree to purchase the equipment and
pay the installation costs described in Section 2. I UNDERSTAND THAT FINANCING MAY
BE AVAILABLE AND AGREE THAT (A) I MAY NOT BE APPROVED FOR ANY FINANCING FOR
EQUIPMENT AND INSTALLATION COSTS AND (B) I WILL NOT BE NOTIFIED OF WHETHER
FINANCING HAS BEEN APPROVED UNTIL THE DATE THE EQUIPMENT IS INSTALLED. UNLESS I
AM LATER APPROVED FOR FINANCING FROM ADT, I WILL BE REQUIRED TO PAY THE FULL
AMOUNT OF THE TOTAL INSTALLATION CHARGE IN A SINGLE INSTALLMENT ON THE DATE THE
EQUIPMENT IS INSTALLED.
9.
INSTALLATION. The equipment that ADT installs under
this contract may be new or refurbished. In order for ADT to install and
service the equipment listed on this Contract, I agree that: (A) I own the
premises or have authority to authorize ADT to install the alarm equipment at
the premises; (B) I will make the premises available without interruption
during ADT's normal working hours and will maintain the premises in a safe and
sanitary condition suitable for work to be performed by ADT's representatives
without jeopardizing their health or safety; (C) the installation will require
drilling into various walls and other parts of the premises; (D) I will provide
ADT with 110 AC electrical outlets for power equipment in locations designated
by ADT; (E) I will pay for and provide compatible Internet connectivity, if
applicable; (F) I will make arrangements for lifting and replacing carpeting,
if required, for ADT's installation of floor mats or wiring; (G) ADT may not be
able to conceal any or all equipment or wiring; (H) ADT will not be liable for
property damage, personal injury, illness or other loss due to water intrusion,
mold, fungi, wet or dry rot or bacteria that may result from the installation
services; and (I) my premises complies with all applicable codes, regulations
and laws and will continue to comply with all applicable codes, regulations and
laws during the Initial term and any renewal terms of this Contract. If
applicable, ADT will attempt to connect the existing, previously-installed
alarm system to ADT's monitoring center. Prior to connection, ADT has the right
to inspect my system and my premises to determine eligibility for Extended
Limited Warranty/ QSP coverage and may notify me of any required
repair/replacement costs related to the existing alarm system, device(s) or
connection. If I decline to pay such repair/replacement costs, ADT is not
obligated to connect to the existing alarm system and may terminate this
Contract without liability to ADT. If the existing alarm system is connected to
ADT's monitoring center, ADT will have no liability for the maintenance,
operation, non-operation, actuation, non-actuation or erroneous actuation of
the existing alarm system, connection or device(s), and any repairs will be
performed on a time and material basis by ADT, subject to available parts,
except for repairs/replacements covered by Extended Limited Warranty/QSP
coverage if such coverage is provided under this Contract.
10. LIMITED
WARRANTY. During the first 90 days after installation, ADT will repair or,
at its option, replace any defective part of the alarm system, including
wiring, and will make required mechanical adjustments, all at no charge to me.
ADT will use new or functionally operative parts for replacements. This limited
warranty is for my benefit only and may not be enforced by any other person.
This limited warranty gives me specific legal rights. The laws of the state
where this Contract was signed may also give me additional rights. To order
service, call 800.ADT.ASAP (800.238.2727).
11. EXTENDED
LIMITED WARRANTY/QUALITY SERVICE PLAN (QSP). If I purchase ADT's Extended
Limited Warranty, which is called the Quality Service Plan or QSP, ADT will
repair or, at its option, replace any part of the alarm system installed by ADT
that requires repair or replacement due to ordinary wear and tear or
malfunction, excluding batteries. After the initial term of this Contract, I
will be charged a non-refundable trip fee in the amount of $25 for each service
call booking for an ADT technician to attend my premises for QSP service. No
trip fees will be charged if this Contract has been renewed for a term greater
than 1 month. ADT has the right to increase the QSP trip fee at any time upon
notice to me. ADT will use new or functionally operative parts for
replacements. If I require services excluded from the QSP (see Paragraph 12
below for exclusions), then ADT will provide the services at its current labor
rate for each service call. The QSP and the billing for it will commence on the
date the alarm system is installed, operational and communicating with ADT's
CMC and will continue for the term of this Contract. The QSP will automatically
renew for successive thirty (30)-day terms at ADT's then-current QSP rate
unless terminated by either party's written notice at least thirty (30) days
before the end of the then-current term. If I purchase the QSP after the
initial system installation, the alarm system must be in good working condition
at the time I purchase the QSP. To purchase the QSP, call 800.238.7085.
12. WARRANTY
EXCLUSIONS. ADT performs warranty services only during normal working
hours. If I request ADT to perform warranty services outside normal working
hours, I will pay for the services at ADT's then-current rates for labor and
parts. The limited warranty provided under this Contract and, if purchased, the
QSP do not apply if ADT determines upon inspection that any of the following
conditions caused the need for service: (A) damage resulting from accidents,
theft, Acts of God, natural disasters, labor disputes, war, terrorism, civil
strife, electrical surge, alterations or misuse; (B) I fail to properly close
or secure a door, window or other point protected by an alarm device; (C) I
fail to properly follow the operating instructions; (D) trouble in a telephone
line, use of non-traditional telephone line or service (including but not
limited to DSL, ADSL, VoIP, digital phone, internet-based phone, cellular,
radio, etc.) or due to interruption of power; (E) loss or disruption of
Internet connectivity; (F) repairs needed to window foil, security screens,
exterior mounted devices (except for outdoor cameras installed by ADT) or PROM
(Programmable Read Only Memory); (G) ordinary maintenance or wear and tear (not
excluded from QSP); (H) alterations to my premises or failure of my premises to
comply with any applicable codes, regulations or laws; or (I) alterations or
damage to the alarm system caused by me or by a cause beyond ADT's control. The
limited warranty provided under this Contract and, if purchased, the QSP do not
apply to household systems or devices connected to my alarm system for
automation, alert or similar purposes, including but not limited to,
thermostats, heating/air conditioning systems, lighting systems, doors, locks,
garage doors, fans, blinds, shutters or appliances. ADT will not perform
warranty services on any device not installed by ADT. Battery replacement is
excluded from all warranties. THE EQUIPMENT I PURCHASED FROM ADT UNDER THIS
CONTRACT OR OTHERWISE MAY NOT BE COMPATIBLE WITH AND MAY NOT OPERATE IF I USE
THE SERVICES OF ANOTHER ALARM OR HOME AUTOMATION SERVICES PROVIDER.
13. NO
OTHER WARRANTIES. OTHER THAN THE LIMITED WARRANTY PROVIDED UNDER THIS CONTRACT
AND, IF PURCHASED, THE QSP,I AGREE THAT ADT MAKES NO GUARANTEE OR WARRANTY OF
ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES ADT PERFORMS OR THE EQUIPMENT
IT PROVIDES. MY EXCLUSIVE WARRANTY REMEDY IS SET FORTH IN PARAGRAPHS 10, 11 AND
12 ABOVE. SOME STATES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE
LENGTH OF AN IMPLIED WARRANTY. THE LAWS OF THE STATE WHERE THIS CONTRACT WAS
SIGNED WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
14. ALARM
MONITORING AND NOTIFICATION SERVICE. If I purchase service that includes
response by police, fire department, guard, medical emergency notification or two-way
voice monitoring services and such an alarm is received at ADT's CMC, ADT may,
at its sole discretion, attempt to contact me and/ or anyone on my Emergency
Contact List to confirm that the alarm is not false. If ADT does not contact me
and/or someone on my Emergency Contact List, or if ADT questions the response
it receives upon such contact, then (A) ADT will attempt to notify the
appropriate police department or fire department or, (B) if guard response
service is provided and an alarm requires police response, ADT will attempt to
dispatch a representative to make an investigation of the exterior of the
premises from his or her vehicle and, upon evidence of a crime, ADT will
attempt to notify the appropriate police department. If ADT provides supervisory
alarm or trouble alarm monitoring services (or if such services are actively
programmed into the alarm system) and ADT's CMC receives an alarm, then ADT may
attempt to notify my premises and/or the representative I designate. ADT may
use an automated calling device to deliver such notification. If medical
emergency notification services are provided, I agree that the very nature of
such services, regardless of any delay, involves uncertainty, risk and possible
serious injury, disability or death, for which I will not attempt to hold ADT
responsible or liable; that the equipment furnished for medical emergency
notification services is not foolproof and may experience signal transmission
failures or delays for any number of reasons; and that the actual time required
for medical emergency providers to arrive at my premises and/or to transport
any person requiring medical attention is unpredictable with many contributing
factors, including telephone network operation, distance, weather, road and
traffic conditions, alarm equipment function and human factors both within and
outside of ADT's control. The person(s) identified on my Emergency Contact List
are authorized to act on my behalf. Local laws, ordinances or policies may
restrict ADT's ability to provide the alarm monitoring and notification
services described in this Contract and/or necessitate modified or additional
services with additional charges to me. ADT employs a number of
industry-recognized measures to help reduce occurrences of false alarms. These
measures include, but are not limited to, implementation of default settings on
alarm panels and various procedures at ADT's CMC to determine when and how to
respond, if at all, to certain alarm events. I consent to ADT's use of these
measures and agree that the alarm system has not been designed, programmed or
installed pursuant to any law, code or rule that may be applicable to my
particular premises, including, but not limited to, any code provisions of the
National Fire Protection Association or the International Residential Code.
Upon receiving notification that an alarm signal has been received by ADT, the
police department, fire department or other responding authority may forcibly
enter my premises. ADT will never arrest or detain any person for any reason.
If my service includes cameras, I will comply with all federal, state and local
laws governing the placement, presence, operation and use of such cameras and
shall fully and conspicuously notify persons in or around the premises, whether
by use of legible signs or other approved communications, that their activities
may be recorded. I agree that the equipment installed by ADT, including any
outdoor camera, is not to be used to monitor activity in or near any swimming
pool or other body of water and that I alone am responsible for supervising the
well being of any person in or near any swimming pools or other bodies of water
on the premises. Florida law requires alarm verification before ADT can contact
a law enforcement agency for alarm dispatch. Customers both using the protected
premise to store firearms or ammunition and holding a valid federal firearms
license as a manufacturer, importer, or dealer of firearms ammunition may opt
out of the alarm verification process by contacting ADT at 800.238.2727.
15. FAMILIARIZATION
PERIOD. UNLESS I HAVE REJECTED THE FAMILIARIZATION PERIOD BY INITIALING
THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS CONTRACT (EXCEPT WHERE
FAMILIARIZATION IS REQUIRED BY LAW), I AGREE THAT, DURING A SEVEN (7)-DAY
FAMILIARIZATION PERIOD, OR LONGER PERIOD IF REQUIRED BY LAW, THAT FOLLOWS
COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO ADT'S CMC
(AND DURING ANY APPLICABLE EXTENSIONS), ADT HAS NO OBLIGATION TO, AND WILL NOT,
RESPOND TO ANY ALARM SIGNAL FROM MY PREMISES. I ALSO AGREE THAT DURING SUCH
PERIOD ADT HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, ME OR MY
DESIGNATED REPRESENTATIVE OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM
SIGNAL ADT RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY.
16. FAILURE
TO PAY CHARGES OR HONOR CONTRACT. If I fail to make any payment when due
or to honor any other term or condition of this Contract, ADT may terminate
this contract and/or stop providing the alarm monitoring and notification
services and repossess or disable the equipment without notice. ADT has no
liability if it stops providing the alarm monitoring and notification services
and repossesses or disables the equipment. If ADT terminates this Contract due
to my failure to honor any term of this Contract and ADT has incurred costs
before payment in full is received for all Installation Charges, ADT may deduct
its costs from any deposit I provide to ADT, in addition to any other legal
remedy available. ADT is not required to redecorate or repair my premises as a
result of repossessing or disabling the equipment. In addition to these
remedies, ADT does not waive, and retains the right to exercise, any other
legal remedy, including the right to charge me a late fee for each month that a
payment is not received and/or interest on the unpaid amount and the right to
report me to one or more consumer reporting agencies if I become delinquent on
my account (more than 90 days without a payment).
17. SMOKE
AND CARBON MONOXIDE DETECTORS. IF THE ALARM SYSTEM INCLUDES SMOKE AND/OR CARBON
MONOXIDE DETECTORS, I
AGREE THAT: (A) THE NUMBER AND
PLACEMENT OF SUCH DETECTORS MAY NOT FULFILL THE REQUIREMENTS OR RECOMMENDATIONS
IN CODES, LAWS OR STANDARDS THAT APPLY IN MY JURISDICTION, INCLUDING THE CODE
PROVISIONS OF THE NATIONAL FIRE PROTECTION ASSOCIATION AND THE INTERNATIONAL
RESIDENTIAL CODE; (B) I HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL
CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND
MAINTENANCE OF THE ALARM SYSTEM; AND (C) ANY SMOKE AND/OR CARBON MONOXIDE
DETECTORS DESCRIBED IN THIS CONTRACT ARE SUPPLEMENTAL DEVICES ONLY AND ARE NOT
INTENDED TO BE PART OF A PRIMARY FIRE ALARM OR CARBON MONOXIDE DETECTION
SYSTEM. I understand that ADT's electrical smoke and carbon monoxide
detectors, if installed in my premises, are designed to be connected to an
electrical power source. THESE DETECTORS WILL NOT OPERATE, THE ALARM WILL NOT
SOUND AND THE ALARM SIGNAL WILL NOT BE TRANSMITTED WHEN: THE ELECTRICITY IS CUT
OFF; THE BACK-UP BATTERY, IF INCLUDED AS PART OF THE SYSTEM, IS LOW OR DEAD; OR
FIRE CUTS OFF THE ELECTRICITY BEFORE THE ALARM IS ACTIVATED, SOUNDS AND IS
TRANSMITTED. Connecting these detectors to a separate dedicated electrical
circuit may increase their reliability, but even dedicated circuits can fail. I
understand that these detectors all have limited useful lives, after which time
they will not function. It is my sole responsibility to monitor and replace all
detectors before or at the end of their useful lives.
18. BATTERY-POWERED
DEVICES; WIRELESS DEVICES. I understand that all battery-powered motion
detectors, smoke detectors, door and window contact transmitters and other
detection sensors installed under this Contract are not connected to the
electrical system of my premises and require batteries to operate. THESE
BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE ALARM WILL NOT
SOUND, IF THE
BATTERIES ARE LOW OR DEAD. It is my
sole responsibility to maintain and replace these batteries. ADT recommends
that I regularly inspect the sensors for dirt and dust buildup and test the
sensors weekly to help maintain continued operation. ADT also recommends that I
carefully read and follow the owner's manual, instructions and warnings for all
equipment. I understand that wireless devices, including but not limited to
wireless motion detectors, door and window contacts, smoke detectors and other
wireless devices installed by ADT will not communicate with the alarm system
and THE ALARM SYSTEM WILL NOT FUNCTION IF WIRELESS COMMUNICATION FOR THE DEVICES
IS IMPAIRED. THESE WIRELESS DEVICES MAY OR MAY NOT USE ENCRYPTION AND/OR
AUTHENTICATION TECHNOLOGY AND ARE VULNERABLE TO INTENTIONAL OR UNITENTIONAL
INTERRUPTION,
INTERCEPTION, CORRUPTION AND
TAMPERING. It is possible for persons with criminal intent to reduce the
effectiveness of my alarm system, including intercepting or hacking the
wireless signals of my ADT equipment.
19. ALARM
SYSTEM COMMUNICATION. I authorize ADT to request service from a telephone,
wireless or other communication carrier under this Contract (referred to as
"Telephone Company") to transmit signals between my alarm system and
ADT's CMC. The Telephone Company's liability is limited to the same extent as
ADT's liability in Paragraph 5 of this Contract. ADT will not receive alarm
signals when the communication mode is not operating or has been cut,
interfered with or is otherwise damaged, or if the alarm system is unable to
acquire, transmit or maintain an alarm signal over my communication mode for
any reason. If ADT determines in its sole discretion that my communication mode
is or later becomes non-compatible, or if I change to another communication
mode that is not compatible, then ADT requires that I use an alternate mode of
communication acceptable to ADT as the method to connect the alarm system to
ADT's CMC. Transmission of fire alarm signals by means other than a traditional
telephone line may not be in compliance with applicable fire alarm or other
standards or codes, and it is solely my obligation to comply with such standards
and codes. If the alarm system has a line-cut feature, it may not always be
able to detect if my communication line is cut or interrupted. ADT recommends
that I test the alarm system monthly, even though a successful test of the
alarm system does not guarantee that ADT will receive alarm signals from the
system in the future. If my service includes ADT ® interactive
solutions and/or automation features, ADT may directly or through third party
service providers, transmit, record, store, provide and receive unencrypted
data, images, and e-mails and text messages via the Internet in the course
providing those interactive services. I will not be able to utilize those
automation functions or receive e-mail or text alerts if my Internet connection
is impaired, disrupted or unavailable for any reason. ADT does not warrant or
guarantee the integrity, accuracy, confidentiality or security of any such
transmission or from any unauthorized or unexpected use, disclosure,
corruption, interception or other improper act.
20. CANCELLATION.
A.
ADT may, at any time, cancel this Contract at its option if:
(1) ADT's CMC is destroyed or damaged so that it is impractical for ADT to
continue service;(2) ADT cannot acquire or retain the transmission connections
or authorization to transmit signals between my premises and its CMC or the
applicable fire or police department or other agency, or between ADT's CMC and
the applicable fire or police department or other agency; (3) I fail to follow
ADT's recommendations to repair or replace any defective parts of the system
not covered under the Limited Warranty or, if purchased, QSP; (4) I fail to
follow ADT's operating instructions for the alarm system; or (5) ADT determines
that it is impractical to continue service due to the modification or alteration
of my premises after installation. If ADT cancels for any of the reasons stated
immediately above, ADT will refund any advance payments made for services to be
supplied after the date of such termination, less any amounts still due for the
installation of the equipment, for services already rendered and for any other
charges due. Additionally, ADT will not assess contract termination charges, if
any, as described in Paragraph 2 above.
B.
ADT may cancel this Contract upon written notice to me if:
(1) I fail to pay any monies when due under this Contract, (2) I change to a
telephone/communications service not suitable for alarm signal transmission or
(3) I fail to comply with any other term or condition of this Contract. Upon
receipt of written notice from ADT, I will have ten (10) days to correct the
deficiency. If I do not correct the deficiency in a timely manner, and ADT does
cancel this Contract, ADT may assess contract termination charges, if any, as
described in Paragraph 2 above.
21.
ASSIGNMENT. I may not assign this Contract without
prior written consent from ADT. ADT does have the right to assign this Contract
or to subcontract any of its obligations under this Contract without my
approval and without notice to me.
22.
DELAYS. ADT HAS NO RESPONSIBILITY OR LIABILITY TO ME
OR ANY OTHER PERSON FOR DELAYS IN THE INSTALLATION OR REPAIR OF THE SYSTEM,
REGARDLESS OF THE REASON. ADT HAS NO RESPONSIBILITY OR LIABILITY FOR
INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE,
RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD OR ANY OTHER CAUSE WITHIN OR
BEYOND ADT'S CONTROL. IF THERE
ARE SERVICE INTERRUPTIONS, ADT HAS NO OBLIGATION TO SUPPLY ME WITH SUBSTITUTE
SERVICES.
23.
PERSONAL INFORMATION. I consent to ADT's use of my
personal information and that of third parties provided by me for the purpose
of monitoring, setting up and administering my ADT services (including credit
approval, invoicing and collecting) and providing information on new equipment
or services. I consent to ADT recording my telephone conversations with ADT
representatives. I have obtained the consent of the third parties, whose
personal information I provided to ADT, to use such personal information for
the administration of my account with ADT. ADT may collect, use, disclose and
transfer my personal information, and that of third parties provided by me, to
ADT's parents, affiliates, subsidiaries and successor corporations, any
subcontractor or assignee of this Contract or any applicable authority having
jurisdiction that requests such information to administer alarm monitoring
services or alarm system license, permit or similar programs.
24.
PRIVACY POLICY. ADT maintains a privacy policy at
www.ADT.com/privacy that is applicable to the terms, conditions and obligations
of the parties to this Contract.
25.
All software is proprietary to ADT and/or ADT's suppliers and
is licensed or sublicensed to me on a non-exclusive basis. I will not (a)
disclose the software or any source code for the software to any third parties,
(b) duplicate, reproduce, reverse engineer, modify, create derivative works
from or copy all or any part of the software, or (c) use the software on
equipment other than the equipment covered by this Contract. ADT is not
responsible or liable for any damages to or changes in the performance of my
computer following installation of any software or provision of services under
this Contract. I agree to receive any software updates and upgrades that ADT or
its contractors send or remotely download.
26.
ENTIRE AGREEMENT. This Contract constitutes the
entire agreement between the parties. I am not relying on ADT's advice or
advertisements. ADT is not bound by any representation, promise, condition,
inducement or warranty, express or implied, that is not included in writing in
this contract. The terms and conditions of this contract apply as written
without alteration or qualification, unless a change is approved in writing by
an ADT authorized representative. The terms and conditions of this Contract
shall control and govern even if there are other documents with inconsistent or
additional terms and conditions. If a court determines that any provision of
this Contract is invalid or unenforceable, that provision shall be deemed
amended and enforced to the maximum extent permitted by law. Each and every
other provision of this Contract shall continue to be valid and enforceable.
27.
LICENSE INFORMATION: AL Complaints against licensees
may be directed to the Alabama Electronic Security Board of Licensure, 7956
Vaughn Rd., Montgomery 36116, (334) 264-9388; AK 37950, 5520 Lake Otis
Pkwy., Anchorage, AK 99507; AR CMPY.0002133, Regulated by Arkansas Bd.
of Private Investigators & Private Security Agencies, #1 State Police Plaza
Dr., Little Rock, AR 72209, (501) 618-8600; AZ ROC 312217; CA
ACO7155, Public Works Contractor 1000046587, Alarm Company Operators are
licensed and regulated by the Bureau of Security & Investigative Services,
Dept. of Consumer Affairs, Sacramento, CA 95814, The ADT Security Corporation
PPO120288, (310) 619-2250, 974443; CT ELC.0185782-L5, HIC.0647782; DC
DMS902349; FL EF0001121; GA 205326, 205572, 205519, 205939,
205679, 405673, 004349; HI C-32297; ID ELE-SC-2643; IL
124001792; LA F1639, F1654, F1643, F1640; MA 172C; MI
3601207111, 5103229 –1400 E. Avis Dr; Madison Heights, MI 48071; MN
TS650251; NC 7535P2, 7561P2, 7561P2M, 7563P7, 7562P10, 7564P4, Alarm
Systems Licensing Bd., 4901 Glenwood Ave., Ste 200, Raleigh, NC 27612 (919)
788-5320; NJ Burg & Fire Business Lic. #34BF00048300, 200 East Park,
Ste. 200, Mt. Laurel, NJ 08054; NM 17-0040; NV 0077105; 1728; NY
12000305615, Licensed by NYS Dept. of State; OH 53-89-1726; 50-18-0018;
50-25-0023; 50-29-0003; 50-31- 0014; 50-48-0008; 50-76-0006; 50-89-0016;
50-89-1285; OK 1995; OR 196560; PA Pennsylvania Home
Improvement Contractor Registration Number: PA090797; RI 35683, AF-09040
and BF-09040; TN ACC-1688, 1690, 1691, 1692, 1693, 1694, 1695, 1696; TX
B17944 -1817 W. Braker Ln. Ste. 400, Austin 78758; Texas Private Security
Bureau, 5805 N. Lamar Blvd., Austin 78752; 0756553,ECR-2186878; HCR-2186886; UT
8289653-6501; VA 11-7348; 11-7345; 11-7354;11-7351;11-7598; 2705147728
Class A Contractor
Classification ESC and FAS; WA
ADTLLL881DO, 11824 N Creek Pkwy #105, Bothell, WA 98011; WV 049758. MS
15019511