If You are an individual, You must be an adult of at least 18 years of age to obtain or use any Interactive Solutions Services, and by accepting these Terms, You confirm that (a) You are an adult of at least 18 years of age, and (b) You are accepting these Terms on behalf of Yourself and all others in Your household who will use the Interactive Solutions Services (You and such other users of the Interactive Solutions Services, collectively, “Users”). If You are an entity, by accepting these Terms, You confirm (through Your duly authorized representative) that (a) Your authorized representative is an adult of at least 18 years of age, and (b) You are a corporation, partnership or other legal entity, duly formed (and incorporated if applicable) and in good standing where required to do business with all legal authority and power to accept these Terms, (c) these Terms constitute a valid and binding obligation for You, and (d) You agree to these Terms on behalf of Yourself and all other Users of the Interactive Solutions Services.
CONNECT 24 RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THIS SITE OR THESE TERMS, IN WHOLE OR IN PART, AT ANY TIME AND FOR ANY REASON. CHANGES TO THESE TERMS OR THIS SITE WILL BE EFFECTIVE WHEN POSTED. YOU AGREE TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF ANY CHANGES. YOUR CONTINUED USE OF THIS SITE AFTER ANY CHANGES TO THE TERMS OR THIS SITE WILL BE CONSIDERED ACCEPTANCE OF THOSE CHANGES. THESE TERMS GOVERN YOUR USE OF THIS SITE. IN THE EVENT THAT YOUR CONTRACT (DEFINED BELOW) TERMINATES FOR ANY REASON OR ANY ALLEGED OR ACTUAL VIOLATION OF THESE TERMS OR GOVERNING LAW OCCURS, CONNECT 24 MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, BLOCK OR RESTRICT YOUR ACCESS TO THIS SITE AND/OR PURSUE LEGAL ACTION AGAINST YOU.
These Terms are in addition to any agreement (as amended, restated, modified or supplemented and including all exhibits, schedules, riders and other attachments to such agreement, the “Alarm Services Contract”) entered into by and between You and your alarm monitoring service provider or dealer (“Dealer”) under which Connect 24 provides Interactive Solutions Services as an independent contractor.
YOU AGREE THAT CONNECT 24 IS NOT AN ALARM MONITORING COMPANY OR INSURER AND IS NOT PROVIDING YOU WITH ALARM MONITORING SERVICES OR INSURANCE OF ANY TYPE. THE AMOUNTS YOU PAY FOR CONNECT 24 ARE NOT FEES FOR ALARM MONITORING SERVICES OR INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS AT YOUR PREMISES. INSTEAD, THE AMOUNTS YOU PAY ARE BASED SOLELY UPON THE VALUE OF THE SERVICES CONNECT 24 PROVIDES AND UPON THE LIMITED LIABILITY CONNECT 24 ASSUMES UNDER THESE TERMS. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU AGREE TO PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO CONNECT 24 TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST CONNECT ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
CONNECT 24’S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. CONNECT 24 MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. CONNECT 24 DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR 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 YOU, NOT CONNECT 24. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST CONNECT 24 FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY CONNECT 24.
EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY CONNECT 24 TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD CONNECT 24 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, CONNECT 24 IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY CONNECT 24, CONNECT 24’S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO 10% OF YOUR ANNUAL SERVICE CHARGES FOR THE CONNECT 24 INTERACTIVE CONTROL SERVICES OR $500, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS YOUR SOLE REMEDY. UPON YOUR REQUEST, CONNECT 24 MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH BY ENTERING INTO AN AMENDMENT TO THESE TERMS SETTING FORTH THE EXTENT OF CONNECT 24’S LIABILITY AND THE ADDITIONAL CHARGES TO YOU.
THE ABOVE LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDY APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY CONNECT 24 OF ITS OBLIGATIONS UNDER THESE TERMS 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 CONNECT 24, ITS AGENTS OR ITS EMPLOYEES.
IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST CONNECT 24 IN ANY WAY RELATED TO THE SERVICES PROVIDED BY CONNECT 24 TO YOU, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CONNECT 24 HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST CONNECT 24 AND REGARDLESS WHETHER CONNECT 24 HAS BEEN FOUND LIABLE OR WHETHER CONNECT 24 HAS INCURRED ANY EXPENSE.
NO SUIT OR ACTION SHALL BE BROUGHT AGAINST CONNECT 24 MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR.
THESE TERMS SHALL APPLY TO AND BENEFIT CONNECT 24 AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), RESELLERS, SUPPLIERS AND OTHER PARTNERS.
You agree that (a) We provide the Interactive Solutions Services as Dealer’s independent contractor under the terms of an agreement between Dealer and Us, (b) We did not and do not provide any equipment to You and have no obligation under any warranty for such equipment, (c) You are permitted to use this Site and all Software under a sublicense from Dealer to You, (d) in consideration of Connect 24 providing the Interactive Solutions Services as an independent contractor of Dealer, You are obligated under and bound by these Terms as if You had purchased Interactive Solutions Services directly from Connect 24, (e) We have no direct contractual obligations to You as the Dealer is obligated to provide Interactive Solutions Services, Interactive Solutions Equipment and any installation services to You pursuant to Your Alarm Services Contract with Dealer, (f) these Terms are part of Your Alarm Services Contract, (g) as Dealer’s independent contractor, We are an intended third-party beneficiary of the Limited Warranty and Limitation of Liability clauses contained in the Alarm Services Contract, and (h) Dealer is an independent dealer of Connect 24 and is not an employee or agent of Connect 24.
1. You assume full responsibility for: (a) the purchase, selection, placement, relocation, direction and presence of the equipment installed to support the Interactive Solutions Services, including, without limitation, any cameras, other recording devices and other peripheral devices, and used as part of the Interactive Solutions Services at any time (each, a “Device”) in or around your premises for which you have subscribed for Interactive Solutions Services (“Premises”); (b) the recording, transmission, transfer or other use of any images or other data captured by the Interactive Solutions Equipment or any Device; (c) the manner of Your use of the Interactive Solutions Services, any Interactive Solutions Equipment, any Device or any image, or data captured by the Interactive Solutions Equipment or any Device; (d) operating, setting, arming, disarming, viewing, configuring, modifying, reviewing and controlling the Interactive Solutions Services, all Interactive Solutions Equipment, each Device and any thermostat, heating/air conditioning systems, lighting systems, doors, garage doors, fans, blinds, shutters, locks, appliances and other similar household items that are connected to the Interactive Solutions Equipment or any Device (individually and collectively, “Household Equipment/Systems”) as part of the Interactive Solutions Services; (e) complying with all applicable laws, rules, regulations and ordinances in connection with the use and operation of the Interactive Solutions Services, the Interactive Solutions Equipment and any Device; (f) paying for and providing compatible Internet connectivity, if applicable, for Interactive Solutions Equipment in order to utilize the Interactive Solutions Services; (g) paying for and providing web-enabled computers, personal digital assistants, smartphones, tablets and other mobile devices (collectively, “PDA’s”) or other interface devices in order for You and the other Users to utilize the Interactive Solutions Services; and (h) each User’s use of the Interactive Solutions Services and Interactive Solutions Equipment. The Interactive Solutions Services are intended to be used only in conjunction with Your Connect 24 enabled intrusion alarm equipment installed at Your Premises (“Alarm Equipment”) and not as a separate system. You shall, and shall cause the other Users to, fully comply with all federal, state and local laws governing the placement, presence, operation and use of the Interactive Solutions Services, the Interactive Solutions Equipment, each Device and the computer, PDA or other interface devices used to utilize the Interactive Solutions Services. You are solely responsible for being informed about any such laws, rules, or regulations. If We have any reason to suspect that You are violating any applicable law, rule, or regulation, We may investigate the suspicion and determine in Our sole discretion whether to notify the proper authorities and/or terminate Your access to the Interactive Solutions Services. You agree that We may, without notice to You, disclose any of Your electronic communications of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect Our rights or property or the rights or property of any third party.
2. YOU UNDERSTAND THAT THE INTERACTIVE SOLUTIONS EQUIPMENT MAY INCLUDE CAMERAS THAT PRODUCE LIVE AND ARCHIVED VIDEO RECORDINGS. IF YOUR INTERACTIVE SOLUTIONS EQUIPMENT INCLUDES CAMERAS, YOU SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL 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. ADDITIONALLY, YOU SHALL PROVIDE ANY OTHER DISCLOSURE THAT MAY BE REQUIRED BY APPLICABLE LAW. YOU SHALL INDEMNIFY, AND AT YOUR OWN COST AND EXPENSE, SAVE HARMLESS CONNECT 24 FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR BY REASON OF ANY SUCH RECORDINGS, THE RELEASE, REPRODUCTION, CIRCULATION, PUBLICATION OR EMPLOYMENT OF ANY SUCH RECORDINGS, ANY VIOLATION OF ANY LAW IN CONNECTION THEREWITH BY ANYONE AND ANY BREACH BY YOU OR ANY USER OF THESE TERMS, INCLUDING BUT NOT LIMITED TO CAUSES OF ACTION FOR PERSONAL INJURY, VIOLATION OF PRIVACY, FALSE ARREST OR IMPRISONMENT AND MALICIOUS PROSECUTION.
3. You acknowledge that a number of factors in Your Premises that are outside of Our control such as low light conditions, power outages, interference from other electrical appliances, Internet service issues such as download speed or interruptions or failure of Internet service, can affect Your ability to view and record images. You further acknowledge and agree that We make no representations, promises or warranties with regards to and that You have reviewed and found acceptable the placement, image quality, resolution, clarity, color or other viewing attributes of any camera or recording devices.
4. You understand that: (a) We may, directly or through third-party service providers, transmit, record, store, provide and receive unencrypted data, images, e-mails and text messages via the Internet in the course of performing and providing the Interactive Solutions Services (“Transmissions”), including, without limitation, live and recorded pictures and videos of the Premises and persons and other images in and around the Premises, and (b) We cannot and do not warrant, assure, or guarantee the integrity, accuracy, confidentiality or security of any Transmission of or from any unauthorized or unexpected use, disclosure, corruption, interception or other improper act (collectively, “Security Risks”). You hereby assume, release and discharge Connect 24 of and from and shall upon demand indemnify and hold harmless Connect 24 from all Security Risks and any and all loss, damage and liability caused by the Security Risks. If We store any Transmissions, We cannot and do not warrant, assure or guarantee the length of time We will store such Transmissions.
5. You are required to provide broadband or other Internet connectivity at the Premises that is compatible with the Interactive Solutions Equipment in order to utilize certain Interactive Solutions Services. Your Dealer, and not Connect 24, is responsible for configuring the settings on the Interactive Solutions Equipment only to work with Your compatible Internet service provider network (the “Network”) and Your compatible computer or PDA, and neither Connect 24 nor your Dealer shall be responsible for altering Your Network, computer or PDA settings in any way including, without limitation, any firewall settings. We are not responsible for the setup, operation, maintenance or compatibility of Your Network, computer and/or PDA with the Interactive Solutions Equipment or any telecommunications or other connectivity charges (including SMS charges) incurred as a result of using the Interactive Solutions Services. You acknowledge and agree that You shall be solely responsible for all disputes with any telephone/Internet service company related to the same. The speed and quality of remote video viewing is directly dependent upon the speed and quality of Your Network, computer and/or PDA used with the Interactive Solutions Equipment. We are not responsible for performance issues or failures resulting from the Network or any hardware, software or other service provided by You for use with the Interactive Solutions Services including, without limitation, Internet latency, local area networks and non-conforming or non-compatible computer or PDA hardware or software. You are responsible for purchasing, at Your expense, any equipment required to connect the Interactive Solutions Equipment to Your Network including, without limitation, a router and any network switches needed to complete the installation of the Interactive Solutions Equipment and Your utilization of the Interactive Solutions Services.
6. Use of certain Interactive Solutions Services features requires You to: (a) have access to the Internet and an e-mail or text-message address; (b) accept and continue to accept these Terms and any other terms and conditions required for access to and use of the Interactive Solutions Site, as such terms and conditions may change from time to time; and (c) obtain valid User identifications and/or passwords to access the Interactive Solutions Site. You may have the option to remain logged onto the Interactive Solutions Site from Your PDA or other equipment for an extended period. If others obtain Your PDA or access to such other equipment while it is logged onto the Interactive Solutions Site, they may be able to view the images and data contained on or transmitted to the Interactive Solutions Site including personal and private information. You are solely responsible for the security of Your PDA or other equipment used to log onto the Interactive Solutions Site and You release Connect 24 from and shall upon demand indemnify and hold Connect 24 harmless from any loss, damage or other liability arising from any person obtaining access to Your personal and private information through Your PDA or other equipment used to log onto the Interactive Solutions Site.
7. The Interactive Solutions Services may include or be configured by You to provide: (a) supplementary e-mail or text-message notifications (collectively, a “Supplementary Alarm Notice”) of certain alarm signal events received by your Dealer or alarm monitoring company from Your Alarm Equipment (each an “Alarm Event Signal”); and/or (b) e-mail or text-message notifications (collectively, an “Electronic Notice”) of certain non-alarm signal events, such as changes-of-state of Your Equipment, or the occurrence or non-occurrence of certain events capable of detection by Your Equipment (“Non-Alarm Event”). You may configure your Interactive Solutions Services to receive a Supplementary Alarm Notice and/or an Electronic Notice and transmit such notice to a properly entered and applicable e-mail or text-message address (“Electronic Address”) as part of Your configuration of Your Interactive Solutions Services. In order to receive and review a Supplementary Alarm Notice and/or an Electronic Notice, Your e-mail or text-message software must be compatible with the Interactive Solutions Equipment e-mail and text-message system. Any additional or updated software, hardware or service or any adjustments or repairs to Your e-mail, text-message or Internet system, service or devices required to assure such compatibility will be obtained by You at Your expense.
8. CONNECT 24 IS NOT RESPONSIBLE FOR THE OPERATION, MAINTENANCE, REPAIR OR REPLACEMENT OF ANY HOUSEHOLD EQUIPMENT/SYSTEMS AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITIES OF ANY KIND OR NATURE WITH RESPECT TO ANY HOUSEHOLD EQUIPMENT/SYSTEMS THAT ARE CONNECTED TO THE INTERACTIVE SOLUTIONS EQUIPMENT OR ANY DEVICE AS PART OF THE INTERACTIVE SOLUTIONS SERVICES.
9. The pages and materials contained on the Site are Our property or are owned by a third party and are used by Us under license. This Site is a secured online program that allows You to manage Your use of the Interactive Solutions Services. The Interactive Solutions Services incorporate software that consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communication features are automatic and are enabled by default. By agreeing to these Terms, You consent to the Interactive Solutions Services communication features, which include, among other things, communication of Your Account Information (defined later in these Terms) between the Interactive Solutions Equipment and Our servers or the servers of our contractors. Once You use the Interactive Solutions Equipment, User information including Your Password (as hereinafter defined) may be sent in communications with Our contractor’s and/or Our servers. This information is used to access Your Account and to provide the Interactive Solutions Services. Our contractors and We may match this information to personally identifiable information in order to provide You with the Interactive Solutions Services.
10. Subject to these Terms, We grant You a non-transferable license to use Your Site password (“Password”) to access Your Account on this Site for Your own personal use, and to use the Interactive Solutions Services in accordance with the Connect 24 Services Agreement, solely to facilitate Your business with Us. You agree that You will not permit or allow any third party to use or access Your Password, this Site, or any Personal Information (as defined later in these Terms) contained therein (collectively, the “Account Information”) and that You shall not use any proprietary or confidential information contained in this Site or Your Account Information for any purpose other than to facilitate Your business with Us. You may not publish, display, disclose, modify, distribute, or create derivative works based on this Site, any Software, Your Account Information or any part thereof other than in the regular course of facilitating Your business with Us. You may not reverse engineer, recompile, translate, adapt or disassemble any Software, this Site or any part thereof. You may not transmit Your Account Information to any third party without Our prior written approval. You agree to comply with all trademark, copyright and other laws worldwide in Your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, We do not grant any express or implied right to You under any patents, trademarks, copyrights, or trade secret information.
11. You have no ownership rights in this Site or Your Account Information. Rather, You have a license to use this Site and access Your Account Information as long as these Terms remain in force and effect. You understand and agree that We may revoke Your use of this Site or Your Account Information at any time in Our sole discretion. Ownership of this Site and Your Account Information and all intellectual property rights therein shall remain at all times with Us and Our licensors. We expressly reserve all rights not granted to You herein. You may not remove any proprietary notices from Your Account Information. Any other use of this Site and Your Account Information by any person, business, corporation, government organization, or any other entity other than the uses permitted under these Terms is strictly forbidden.
12. You acknowledge that this Site and Your Account Information contain Our proprietary trade secrets and You hereby agree to maintain the confidentiality of this Site and Your Account Information using at least as great a degree of care as You use to maintain the confidentiality of Your own most confidential information. You agree to communicate these Terms to all persons who will have access to Your Password and Your Account Information, and to require such persons to be bound by similar confidentiality obligations.
13. THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE AND YOUR ACCOUNT INFORMATION, AGENT INFORMATION AND SUPPLIER INFORMATION ARE PROVIDED FOR YOUR CONVENIENCE ONLY. WE AND OUR AGENTS AND SUBCONTRACTORS PROVIDE THIS SITE AND THE INTERACTIVE SOLUTIONS SERVICES ‘AS IS’ AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE OR THE INTERACTIVE SOLUTIONS SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE OR YOUR ACCOUNT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE, OR YOUR ACCOUNT WILL BE CORRECTED. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. Some states and provinces do not allow the disclaimer of implied warranties. So, the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may have other legal rights that vary from state to state or from province to province.
14. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS,SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THIS SITE AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY THAT YOUR OR ANY OTHER USER’S USE OF THIS SITE VIOLATES THESE TERMS, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL WE, OUR SUPPLIERS OR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, MISUSE OF YOUR PASSWORD OR YOUR ACCOUNT INFORMATION BY ANY THIRD PARTY, OR LOSS OF YOUR INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE INTERACTIVE SOLUTIONS SERVICES, THIS SITE OR YOUR ACCOUNT INFORMATION OR FOR ANY CHANGES YOU MAKE TO YOUR ACCOUNT INFORMATION OR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE OR OUR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on this Site are Our registered and unregistered Trademarks and the registered and unregistered Trademarks of others. The Trademarks displayed on this Site are protected in the United States, Canada and internationally. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without Our written permission or the written permission of the third party that owns such Trademark. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The materials on this Site are protected by copyright and trademark laws of the United States and other countries and are owned by or licensed to Us. All content on this Site is owned or controlled by Us. You may download content only for Your personal use for non-commercial purposes, but no modification or further reproduction of the content is permitted. The contents of this Site, including any images, text, executable code and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted or otherwise used except as provided herein without the express prior written permission of Our Legal Department.
COPYRIGHT © 2011 Connect 24. ALL RIGHTS RESERVED.
Copyright in the pages of this Site and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Us and/or Our affiliates, unless otherwise indicated. In addition, the materials contained on this Site may be Our proprietary and/or trade secret information and may not be copied, compiled, or distributed without Our prior written consent. Our names and Our logos are registered Trademarks of Connect 24 and are used under license. All other Trademarks are the property of their respective owners.
16. Your license to use this Site will immediately and automatically terminate without notice if You fail to comply with any of these Terms or any other Connect 24 Services Agreement, or if Your Account is terminated or for any other reason at Our sole discretion. Upon such termination, Your Password will no longer be valid, and You shall no longer have the right to use or access the Interactive Solutions Services, this Site, or Your Account Information. All provisions relating to confidentiality, ownership rights, indemnity, limitation of liability, hold harmless and non-disclosure shall survive the termination of these Terms.
17. If Your Premises is located in the United States, then these Terms shall be construed, interpreted and governed by the laws of the State of New York without regard to the conflicts of law provisions thereof, and the exclusive forum for any disputes arising out of or relating to these Terms shall be brought in an appropriate federal or state court sitting in the Southern District of New York. If Your Premises is located in Canada, then these Terms shall be construed, interpreted and governed by the laws of the Province of Ontario without regard to the conflicts of law provisions thereof, and the exclusive forum for any disputes arising out of or relating to these Terms shall be brought in an appropriate federal or provincial court sitting in Toronto, Ontario. These Terms, in conjunction with Your obligations under each other Connect 24 Services Agreement, shall constitute the entire Agreement between the parties hereto. If a court of competent jurisdiction finds any part of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as to reasonably enforce the intention of the parties.
18. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. For any questions concerning these Terms or this Site, please contact Us by calling 1-888-888-7838 or by writing Us at Connect 24 Wireless Services, 3301 Langstaff Rd., Concord Ontario, L4K 4L2, Canada Attn: Customer Service.
20. With reference of these Terms to Connect 24, We, Us, or Our shall mean (i) Connect 24 Wireless Communications, Inc. if your Premises is in the United States and (ii) Tyco Safety Products Canada Ltd. if your Premises is in Canada.
Anonymous Information. We may collect two types of information through this Site: anonymous information and personally identifiable information (“PII”). We collect certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Site. The anonymous data we collect can include information such as the type of browser you are using, IP address, the pages you view, and the length of your visit to the Site.
Personally Identifiable Information. We may also ask you to provide personally identifiable information on the Site, which may include your name, address, telephone number, fax number, company name, e-mail address and relevant details about the product or service that interests you. These details may include whether the location is a business or residence, whether the site is pre-wired for security, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when you complete the specific web page request form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Site may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the PII requested.
My Account. In order to provide some of the services on the Site, we ask you to provide additional personal information regarding your customer account with Connect 24. This additional information may include existing account numbers, payment or credit card details, service preferences and so forth. We will use this information only to support your customer relationship with Connect 24. This includes responding to your requests, customizing your experience on the Site, communicating with you about your account, and providing you choices about how to view and manage the products and services that you receive from Connect 24.
Surveys and Contests. We may occasionally request information from you via surveys or contests. Your participation in these surveys or contests is completely voluntary. The information that we request typically includes your contact details. If you choose to participate, the information that you provide will be shared with the contest/survey sponsors to notify winners and award prizes. Survey information may also be used to monitor and improve the content and performance of the Site.
Tell A Friend. If you choose to use Connect 24’s referral service to inform a friend about our Site, products or services, Connect 24 will ask you for your friend’s name and email address. We will send your friend a one-time email inviting them to visit the Site. We will store this information so that we can send the initial email message and track the success of our referral program. Your friend may contact us at www.connect24.com/c24interactive/ to have their information removed from our database.
COOKIES AND WEB BEACONS
We also use web beacons (also known as clear gifs), which are tiny graphics embedded on a web page to help us measure the effectiveness of particular content. We do not tie the information gathered by web beacons to our customers’ personally identifiable information.
USE AND DISCLOSURE OF INFORMATION
On certain of our Site pages where you have submitted detailed information concerning potential products or services, we will use this information only for the purposes of contacting you and determining which product or services may be most relevant to you. We will not share this information with any third party for their own marketing purposes without your prior consent.
We may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. We may also provide such personally identifiable information in response to a law enforcement agency's request or as otherwise required by law.
We may provide your personally identifiable information to a third party if we file for bankruptcy, or there is a transfer of the assets or ownership in connection with proposed or consummated corporate reorganizations, such as mergers, acquisitions, or sales of business units.
We may provide your personally identifiable information to your Dealer or alarm monitoring company in connection with, and as required by, your use of the Connect 24 Interactive Control Services.
Uses by Third-Parties. We do not provide your personally identifiable information to any third party for their own marketing purposes without your prior request or consent. Connect 24 works closely with certain businesses to provide you with products and services. Sometimes these businesses make special offers available to Site customers. If you request to receive information about these offers, we will share your personal information with these companies so that they can send you details about their special offers. You should know in advance that each of these companies has its own policies with respect to the collection and use of personal information and that we are not responsible for their use of your information.
INFORMATION SECURITY AND SECURE TRANSACTIONS
We have implemented various security measures for the purpose of protecting your personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against any other unlawful forms of processing. When you create a user profile and log in to a secure portion of our Site, your personal information benefits from the protections of Secure Sockets Layer (“SSL”) technology. Our web servers have been enabled with SSL technology to automatically encrypt your information and help prevent unauthorized parties from viewing your account or payment information during a secure session. This is why you must enter your unique user name and password each time you access your account information online or place a purchase order through the Site.
You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your password, whether or not authorized by you. You must inform us immediately of any unauthorized use or your user name or password.
However, the transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Connect 24 will work to prevent any violation of the security systems but cannot ensure total control of the security of such systems.
Please be aware that our Site may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those websites linked to our Site are not covered by this Policy. We are not responsible for the privacy policies of websites to which the Site links. If you provide any information to such third parties, different rules regarding the collection and use of your PII may apply. We strongly suggest you review such third party's privacy policies before providing any data to them. These other sites may send their own cookies or web beacons to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
Connect 24 understands the importance of protecting children’s privacy in the interactive online world. The Site covered by this policy is not designed for or intentionally targeted at children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.
INQUIRIES, CORRECTIONS AND COMPLAINTS
Your data is submitted to Connect 24 Wireless Communications, Inc. (“Connect 24”) and is hosted and stored in a database on servers situated in Ontario Canada by Connect 24 and by third parties on our behalf.
You are responsible for ensuring that the personal information you have submitted or access through the Site is accurate and complete. You may change the information we have on file for you by accessing My Account and entering any new or different details. If you have included payment details or credit card information, you may alter these via the appropriate link on your My Account page. Please contact us immediately if you notice changes to your profile that you did not request or if you notice any suspicious activity concerning your account.
If you have questions or concerns regarding this Privacy Statement or about privacy at our Site, you should first contact Connect 24 at www.connect24.com/c24interactive/ or contact Connect 24 at:
Connect 24 Wireless Services
3301 Langstaff Road
Concord, ON L4K 4L2
If you wish to modify or update any information we have received, please contact www.connect24.com/c24interactive/.
Connect 24's Commitment to Your Privacy and Protecting Your Personal Information
At Connect 24, we respect and are committed to your right to privacy. We believe that you should understand the way in which we collect, use, disclose and protect your personal information. We are responsible for your personal information that we collect, use and disclose.
Personal information is any information that identifies you, or by which your identity could be deduced. It does not include information contained in public records or the name or business address or telephone number of an employee of an organization or similar information that may typically appear on a business card.
Who Are We?
Tyco Safety Products Canada Ltd., operating as Connect 24, is a subsidiary of Tyco International Ltd., a public company listed on the New York Stock Exchange. Established in 1998, Connect 24 started as a service to activate and administer Skyroute cellular back up devices for security alarm dealers in the U.S. and Canada. In 2008, as service providers moved from an analogue service to a digital service, Connect 24 rapidly became the leading reseller of cellular primary and back up services for the security industry in North America. As the demand grew and with the evolution of technology, in 2011, Connect 24 launched its Connect 24 Interactive Control Services offering.
Why Do We Collect Personal Information from You?
In serving your needs, it is important to have accurate information about you. We collect your personal information to:
- Establish your identity
- Understand your needs for, and determine your suitability for, products and services
- Provide services to you and process payments for your account
- Protect you and us from error and fraud, including verifying your identity to:
- Establish your alarm account profile
- Validate an alarm
- Service your security system
- Respond to your requests
- Communicate with you concerning your account
- Notify you of Connect 24 and third party new products and services, special offers, Connect 24 events and general industry information
- Adhere to applicable legal requirements
How Do We Collect Your Personal Information?
We collect your personal information at the time you become a new customer of Connect 24, at the time you acquire additional products and services from us and at other times when we communicate with you to administer your account with us. We may collect your personal information directly from you or from third parties with your consent (if required). We continue to collect and update personal information throughout our relationship with you. For example, we collect your personal information through:
- Our service agreements and written correspondence with you
- Your discussions with our sales representatives, service technicians, customer service centres and central monitoring centres (some of which may be recorded to ensure service quality and to maintain an accurate record of our communications with you)
- Your visits to our websites, including www.connect24.com/c24interactive/ and other related websites
The type of information that we collect is based on our relationship with you.
How Do We Obtain Your Consent for the Collection, Use and Disclosure of Your Personal Information?
Where required, consent for the collection, use and disclosure of personal information may be obtained orally or in writing and may be expressly given or implied. Your express consent may be given in writing, verbally or through electronic means. Your implied consent may be given through an action you have taken, such as supplying your personal information for a specified purpose.
If you prefer that we not use or disclose your information for any of these purposes, you may notify us in writing at any time. If you do not notify us, we will consider you to have consented to our continued use and disclosure of your personal information. A notification that we not use or disclose your personal information for certain purposes may affect our ability to provide you with products and/or services.
There are exceptions where we may collect, use or disclose personal information without consent.
Third Party Services and Transactions. There are certain services supplied to us by third parties in Canada and the United States where the work involved requires the use of some of your personal information by the third party. Frequently but not exclusively, these third parties are our affiliates. For example, our affiliate, Connect 24 Wireless Communications, Inc., which provides Connect 24 branded security services to customers in the United States, currently supplies some data storage services, some marketing services including the notification of new products and services special offers, some customer support services including the enrollment of new customers, processing of customer rebates and responding to customer inquiries and complaints. Third party service providers located in Canada and the United States that are not our affiliates also supply services to us. For example, these unrelated service providers currently supply services regarding our compliance with applicable legal requirements and protection of you and us from fraud. In order to provide some of these services to our customers, personal information is required by Connect 24 and unrelated service providers. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements.
Connect 24 offers its services to end users through a network of dealers and resellers, who, in turn, market Connect 24’s services to alarm monitoring companies and end users. In the ordinary course of using Connect 24 services, an end user may provide personal information that is transmitted or accessible by their alarm dealer, reseller or monitoring company. In addition, personal information may be provided to or accessible by an end user’s alarm dealer, reseller or alarm monitoring company in the course of managing the end user’s account.
In the event that a third party service provider is located in the United States or another foreign country, certain of your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your information through the laws of the foreign country.
In addition, we may be involved, from time to time, in transactions to sell parts of our business or assets or merge with other businesses. Since our customer information may be part of such transactions, we may use or disclose this information to other parties involved in the transaction.
When Required or Permitted by Law. From time to time, we may be compelled by legal action to release information. In certain circumstances, we may also be permitted by law to collect, use or disclose information without the consent of the individual concerned. For example, we may disclose personal information without consent if it is to be used in an emergency that threatens the life, health or security of the individual, or when collecting unpaid amounts owed or owing to us.
We protect your information.
If you think someone is impersonating Connect 24, that there has been a breach of your privacy or you believe that you are the victim of fraud with respect to a Connect 24 matter, please call us as soon as possible at 1-888-888-7838.
Accessing and Keeping Your Personal Information Accurate.
We make every effort to ensure the information in our records is accurate. We also rely on you to provide any updates to your information. You have the right to access your personal information held by us. Whenever you want to review, verify or correct your personal information, write or contact your local Connect 24 office or call us at 1-888-888-7838. Please be as specific as possible with your request. There is no charge for verifying or correcting your information but, depending on the circumstances, there may be a charge if you want hard copies of records. We will let you know at the time of your request if there is a charge.
Resolving your questions and concerns.
Our Web Sites.
Each time you visit our web pages, such as www.connect24.com/c24interactive/, we gather the date, time, browser type, name of the visitor's Internet service provider, the site that referred the visitor to us, any pages that are requested, the navigation history and IP address of the visitor. The foregoing information does not generally contain anything that can identify users personally. If you object to this gathering of information, you should not use or access our web pages. We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use. This information may be shared with third parties in order to provide services to us or to analyze, store or aggregate the information.
To the extent that our web sites contain links to other sites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on third party websites.