Terms and Conditions of MyAlarm.com Alarm Monitoring and Website Usage

This MyAlarm.com User Agreement (the "Agreement") describes the terms and conditions applicable to your use of the MyAlarm.com Online Service and MyAlarm.com Alarm Monitoring Services.

MyAlarm.com may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site, and your continued use of the MyAlarm.com Online Service and MyAlarm.com Alarm Monitoring Services will constitute acceptance of the amended terms. This Agreement may not be otherwise amended except in writing and agreed to by both parties. This Agreement was last revised on September 19, 2011. A User may not amend this Agreement without the express written consent of MyAlarm.com.

This Agreement is by and between MyAlarm.com Internet Services ("MyAlarm.com" or "We" or "Us" or "Our") and the MyAlarm.com Customer using the Services ("User" or "Customer" or "You" or "Your") and contains the complete terms and conditions governing Your use of the MyAlarm.com Online Service, the MyAlarm.com Website (the "Site") and MyAlarm.com Alarm Monitoring Services. This Agreement is effective upon Your acceptance of these Terms of Use. By accepting these Terms of Use, You understand and agree that both you personally, and the MyAlarm.com Customer for which you are acting as agent will be bound to the terms and conditions contained in this Agreement. This Agreement is further subject to and made a part of the terms and conditions of the Central Station Alarm Monitoring Agreement between Customer and MyAlarm.com under which MyAlarm.com provides electronic security services and/or equipment to the Customer. In the event of any conflict or inconsistency that exists between this Agreement and the Central Station Alarm Monitoring Agreement, the more stringent provision, as determined in MyAlarm.com’s sole discretion, shall take precedence and control.

1. Use of MyAlarm.com Online Service

   The MyAlarm.com Online Service (the "Service") is available to all current MyAlarm.com Customers ("Users") who have completed the online enrollment form, agreed to the Terms of Use set forth herein and agreed to pay the associated fees. MyAlarm.com’s Online Services are limited to individuals who can form legally binding contracts under applicable law and are not available to minors. MyAlarm.com’s services are not available to suspended Users or Users who no longer have an active account with MyAlarm.com. If you do not meet these qualifications, you may not use the Service. MyAlarm.com may refuse any of its services, change the qualifications for use of the Services and/or terminate this Agreement with anyone at any time, in MyAlarm.com’s sole discretion.

2. Account Activation

   Before You may participate in and use the Site, You must accept the terms and conditions of this Agreement. Once You have accepted the terms and conditions, MyAlarm.com will provide You access to the Site and access Your Account. If you do not accept the terms and conditions of this Agreement You shall not be permitted access to the Service.

3. Accurate User Information

   You agree to provide true, accurate and complete User information and to maintain and promptly update Customer information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, MyAlarm.com has the right to terminate your use of the Services, and MyAlarm.com shall have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You hereby authorize MyAlarm.com, its agents, suppliers, and subcontractors to make any inquiries they consider necessary to evaluate Your enrollment. This may include ordering a credit report and performing other credit checks.

4. Description of the Service

   The Service is a secure on-line information program that is resident on an MyAlarm.com server (the "Website") that allows Customers to access and administrate certain business information concerning Customer’s account ("Account").

5. Payment for the Service

   Unless otherwise stated, all fees are quoted in Canadian Dollars. Fees will be added to your next monthly invoice. Users are responsible for paying all fees associated with use of the Service and Website, and all applicable taxes. The forgoing fees are subject to change at any time. In the event of an increase in the fees, MyAlarm.com will send you a notice 30 days prior to the scheduled increase. At that time you may opt to continue or discontinue the Service.

6. Rights and Restrictions In Using the Website

   Subject to the terms and conditions of this Agreement, We grant You a non-transferable license to use Your Password to access Your Account on the Website for Your own internal business purposes, and to use, download, and copy such Account information solely to facilitate Your business with Us. You agree that you shall not permit or allow any third party to use or access Your Password, the Website, or Account and that You shall not use any proprietary or confidential information contained in the Website or Your Account for any purpose other than to facilitate Your business with Us and only with those employees or consultants (who are bound by written confidentiality obligations) who have a need to know the information available on the Website. You may not publish, display, disclose, modify, distribute, or create derivative works based on any information contained in the Website or Your Account or any part thereof other than in the regular course of facilitating Your business with MyAlarm.com. You may not reverse engineer, decompile, translate, adapt, or disassemble the Website or any part of the Website. You may not transmit Your Account information to any third party unrelated to the operation of Your business without MyAlarm.com’s prior written approval.

7. Ownership

   You have no ownership rights in the Website or the information available or contained therein. Rather, You have a license to use the Website and access Your Account as long as this Agreement remains in force and effect. Ownership of the Website and Your Account, and all intellectual property rights therein shall remain at all times with MyAlarm.com. MyAlarm.com expressly reserves all rights not granted to You herein. You may not remove any proprietary notices of MyAlarm.com from Your Account or any reports generated or accessed by You through Your use of the Service. Any other use of the Website and Your Account by any person, business, corporation, government organization or any other entity other than the uses permitted under this Agreement is strictly forbidden.

8. Copyrights, Trademarks, Trade Secrets and Patents

   MyAlarm.com will retain all right, title, and interest in and to its copyrights, patents, trade secrets, trademarks, service marks, and trade names (the "IP") worldwide. You may only use MyAlarm.com’s IP with the express permission of MyAlarm.com. You shall not use the IP in any manner that is disparaging or that otherwise portrays MyAlarm.com in a negative light. Under no circumstances may you alter, modify, or change MyAlarm.com’s IP.

9. Confidentiality

   You expressly acknowledge and agree that the Website and Your Account contain proprietary trade secrets of MyAlarm.com Internet Services and you hereby agree to maintain the confidentiality of the Site and Your Account 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 the terms and conditions of this Agreement to those persons employed by you who will have access to Your Password(s) and Your Account, and to require such employees or consultants to be bound by similar confidentiality obligations.

10. No Warranty

    THE WEBSITE AND YOUR ACCOUNT ARE PROVIDED FOR YOUR CONVENIENCE ONLY WE AND OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS PROVIDE THE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MyAlarm.com DOES NOT WARRANT THAT THE WEBSITE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE WEBSITE OR YOUR ACCOUNT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE WEBSITE OR YOUR ACCOUNT WILL BE CORRECTED. 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 also have other legal rights which vary from state to state or province to province.

11. Limitation of Liability

    IN NO EVENT WILL MyAlarm.com, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, OR AFFLIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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(S) OR YOUR ACCOUNT BY ANY THIRD PARTY, EMPLOYEE, OR FORMER EMPLOYEE, OR LOSS OF BUSINESS INFORMATION) HOWEVER ARISING (INCLUDING NEGLIGENCE) OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, ACCESS THE WEBSITE OR YOUR ACCOUNT OR FOR ANY CHANGES YOU MAKE TO YOUR ACCOUNT INFORMATION OR ANY CLAIM BY ANY OTHER PARTY, EVEN IF MyAlarm.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MyAlarm.com’s LIABILITY, AND THE LIABILITY OF MyAlarm.com’S REPRESENTATIVES, PARENTS, SUBSIDIARIES, OR AFFLIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $250.00. Furthermore, YOU AGREE THAT MyAlarm.com IS NOT RESPONSIBLE FOR PERSONAL INJURY OR OTHER LOSSES WHICH ARE ALLEGED TO BE CAUSED BY IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM AND/OR SERVICE, including cases where the system and/or service never functions whether due to defects in the system and/or service or MyAlarm.com's acts or omissions in receiving and responding to alarm signals. Customer further agrees that MyAlarm.com is not an insurer and that insurance, covering personal injury and other losses, shall be obtained by Customer.

12. Subrogation

    You hereby for yourself and other parties claiming under You, release and discharge MyAlarm.com from and against all claims arising from hazards covered by Your insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against MyAlarm.com. This paragraph shall be void if contrary to local law or if Customer's homeowner's insurance policy specifically prohibits this type of waiver.

13. Indemnification

    You agree to indemnify and hold MyAlarm.com, its shareholders, subsidiaries, affiliates, directors, officers, agents, suppliers, subcontractors and employees harmless from any claim or demand, including, but not limited to reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or the Website.

14. Compliance with Laws

    You agree to pay all applicable sales or use taxes and to comply with all applicable laws, including any tax consequences with respect to your transactions, and any regulations regarding the use of our Services.

15. No Agency

    No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

16. Notices

    Except as explicitly stated otherwise, any notices shall be given by email to MyAlarm.com Customer Care (in the case of MyAlarm.com) or to the email address you provide to MyAlarm.com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyAlarm.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

17. Termination

    This Agreement will immediately and automatically terminate without notice if You fail to comply with any term or condition of this Agreement or Your Central Station Alarm Monitoring Agreement or business account with Us 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 Site or Your Account. All provisions relating to confidentiality, ownership rights, and non-disclosure shall survive the termination of this Agreement.

18. General

    MyAlarm.com will retain all right, title, and interest in and to its copyrights, patents, trade secrets, trademarks, service marks, and trade names (the "IP") worldwide. You may only use MyAlarm.com’s IP with the express permission of MyAlarm.com. You shall not use the IP in any manner that is disparaging or that otherwise portrays MyAlarm.com in a negative light. Under no circumstances may you alter, modify, or change MyAlarm.com’s IP. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our agents, suppliers, and subcontractors are not responsible for delays in Service. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire agreement between us with respect to the subject matter hereof.

19. Disclosures

    The services hereunder are offered by MyAlarm.com directly or indirectly through its agents, suppliers, and subcontractors. MyAlarm.com Internet Services maintains its corporate headquarters at 41 - 12880 Railway Avenue, Richmond, BC Canada V7E 6G4. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. For problems with your Account please contact support@MyAlarm.com.

Updated: September 19, 2011