Washington Alarm, Inc.

Website Terms of Use Agreement

Welcome

Welcome to the “Terms of Use” for washingtonalarm.com, (referred to herein as “Washington Websites”).  Washington Alarm, Inc. (referred to herein as ” Washington “), provides website features and other products and services to you when you visit, shop or conduct business at Washington Websites, use Washington products or services, use Washington applications for mobile devices, or use software provided by Washington in connection with any of the foregoing (collectively, “Washington Services” or “Washington Service”).  Washington Service includes Washington Websites, voice sites, and mobile sites (the “User Interface” or “User Interfaces”) and the corresponding email, cellular text and phone notifications.  Washington provides Washington Services and User Interfaces subject to the Washington Terms of Use, Washington Services, Disclaimer, Privacy Policy, and/or Other Policies posted and periodically updated on the Washington Websites.

Acceptance

BY USING WASHINGTON SERVICES, YOU AGREE TO THESE TERMS OF USE.  PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING WASHINGTON SERVICES.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, WASHINGTON PRIVACY POLICY, WASHINGTON SERVICES, DISCLAIMER, AND/OR OTHER POLICIES, PLEASE IMMEDIATELY EXIT AND DO NOT USE THE WASHINGTON WEBSITES, WASHINGTON SERVICES OR USER INTERFACES.

These Terms and Conditions May Change

Washington reserves the right to update, change and/or modify the Terms of Use at any time without prior notice.  Your use of Washington Websites, Washington Services, or User Interfaces following any such update, change and/or modification constitutes your continuing agreement to follow and be bound by this Terms of Use Agreement as changed, updated and/or modified.  For this reason, we encourage you to review this Terms of Use whenever you visit or use Washington Websites, Washington Services, or User Interfaces.

If any of these terms or conditions shall be deemed by a court of competent jurisdiction, invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Copyright Notice

The content of Washington Websites, the website as a whole, are intended solely for use by the customers of Washington Services and/or potential customers of Washington.  You acknowledge and agree that Washington owns all legal right, title and interest to such content and in the websites.  Unless such content relates to or arises out of your financial transactions or directly arises from Washington Services relative to your home or business, you may not download, print and/or store any portion or portions of the content from Washington Websites and/or User Interfaces.

All of the content you see and hear on the Washington Websites, whether partial or otherwise, including, for example, all text, page headers, footers, illustrations, audio clips, video clips, graphics, images, logos, button icons, software (including the structure, organization and code of such software), and/or other Washington content (collectively, “Site Content”), are protected under and subject to both United States copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses held by Washington, one of its affiliates or by third parties who have licensed their materials to Washington.  The compilation (meaning the collection, arrangement and assembly) of all content on Washington Websites is the exclusive property of Washington and is protected by United States copyright, trademark, and other intellectual property laws.

You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Site Content without first obtaining prior written permission from an authorized officer of Washington Alarm, Inc.

Copyright Complaints

Washington respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Washington in writing at:

Washington Alarm, Inc.
2030 Airport Way S
Seattle, WA  98134
Attn.: Legal Department

Trademarks

In addition, graphics, logos, page headers, buttons, icons, scripts, and service names included in or made available through any Washington Service or User Interfaces are trademarks or trade dress of Washington in the United States and other countries.  Washington’s trademarks and trade dress may not be used in connection with any product or service that is not Washington’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Washington.  All other trademarks not owned by Washington that appear in any Washington Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Washington.

Washington Alarm, and the corresponding stylized logo are trademarks of Washington.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Washington or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and to use Washington Services.  This license does not include any resale or commercial use of any Washington Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Washington Service, or its contents; any download or copy of account information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Washington or its licensors, suppliers, publishers, rights holders, or other content providers.  No Washington Service, nor any part of any Washington Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express advance written consent of Washington.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Washington without express advance written consent.  You may not use any Meta elements or Meta tags or any other “hidden text” utilizing Washington’s name or trademarks without the express prior written consent of Washington.  You may not misuse Washington Services.  You may use Washington Services only as permitted by law and these Terms of Use.  The licenses granted by Washington terminate if you do not comply with these Terms of Use, any Service Terms or policies.

Your Account

If you use any Washington Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Washington does sell Washington Services for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.  If you are under 18 years of age, you may use Washington Services only with involvement of an adult parent or guardian.  Washington reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Pricing

Except where noted otherwise, the Price, List Price or Suggested Price displayed for products on any Washington Service represents the full retail price listed on the product or service itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.  The Price, List Price or Suggested Price are a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

With respect to systems, services, and/or Washington Services sold by Washington, we cannot confirm the price of a system, service, or Washington Service until you enter into a formal agreement with Washington.

Submissions

We welcome your comments regarding Washington Websites.  However, any questions, comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Washington are non-confidential and shall be and remain the exclusive property of Washington.

DISCLAIMERS – GENERAL

WASHINGTON WEBSITES ARE OWNED AND OPERATED BY WASHINGTON ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, WASHINGTON DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO WASHINGTON WEBSITES AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, WASHINGTON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS AND/OR WASHINGTON SERVICES OFFERED ON WASHINGTON WEBSITES.

WITHOUT LIMITING THE FOREGOING, WASHINGTON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON WASHINGTON WEBSITES IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT WASHINGTON WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WASHINGTON DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE.  LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY.  YOU MUST MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

WASHINGTON ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, WILL WASHINGTON OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, ASSIGNS, REPRESENTATIVES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OF WASHINGTON WEBSITES AND/OR THE WASHINGTON SERVICES AND/OR PRODUCTS OFFERED HEREIN.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WASHINGTON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH WASHINGTON WEBSITES, WASHINGTON SERVICES OR ANY CONTENT ON WASHINGTON WEBSITES, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USING THE WASHINGTON SERVICES AND WASHINGTON WEBSITES.  YOU ACKNOWLEDGE, BY YOUR USE OF WASHINGTON SERVICES AND/OR WASHINGTON WEBSITES, THAT YOUR USE OF WASHINGTON SERVICES AND/OR WASHINGTON WEBSITES IS AT YOUR SOLE AND EXCLUSIVE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE.  THEREFORE, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WASHINGTON UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE NET MONTHLY SERVICE FEE OF A WASHINGTON SERVICE OR ONE HUNDRED DOLLARS ($100.00), WHICH EVER IS LESS.  YOU AGREE THAT SUCH LIMITATION IS NOT A PENALTY.

ENFORCEMENT OF TERMS OF USE.

BY ACCESSING AND USING WASHINGTON WEBSITES, YOU AGREE THAT YOUR ACCESS TO AND USE OF WASHINGTON WEBSITES AND WASHINGTON SERVICES ARE SUBJECT TO THE TERMS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF WASHINGTON AND THE UNITED STATES OF AMERICA.

Additional Washington Software Terms

1. Use of the Washington Software. You may use Washington Software solely for purposes of enabling you to use and enjoy the Washington Services as provided by Washington, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Washington Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Washington Software or otherwise assign any rights to the Washington Software in whole or in part. You may not use the Washington Software for any illegal purpose.  We may cease providing any Washington Software and we may terminate your right to use any Washington Software at any time.

Your rights to use the Washington Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms.  Additional third party terms contained within or distributed with certain Washington Software that are specifically identified in related documentation may apply to that Washington Software (or software incorporated with the Washington Software) and will govern the use of such software in the event of a conflict with these Terms of Use.  All software used in any Washington Service is the property of Washington or its software suppliers and protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the Washington Software, you may also be using the services of one or more third parties, such as a wireless carrier, a mobile platform provider or interfaces for monitoring and controlling security systems. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Washington Software, whether in whole or in part, or create any derivative works from or of the Washington Software.

4. Updates. In order to keep the Washington Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

5.Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Washington Software. If you are a U.S. Government end user, we are licensing the Washington Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Washington Software are the same as the rights we grant to all others under these Terms of Use.

Violations and Additional Policies

Washington reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address or phone number to the Washington Services or User Interfaces.  Washington may terminate this Agreement and/or your access to the Washington Services or User Interfaces at any time for any reason or no reason.


 
Contact Information

Washington welcomes your comments regarding this Terms of Use Agreement.  Please contact us with any comments, questions, or concerns by e-mail at: sales @ Washingtonalarm.com or by contacting Washington customer service at 800.760.0046.

Washington Alarm, Inc. (Terms of Use) July 2016

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