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Disclaimer of Warranties

The AAS website is provided on an “as is” basis without warranties of any kind, either expressed or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Neither AAS nor its affiliates warrant that any information is complete or accurate, that the AAS website will be uninterrupted or error free, or that any information is free of rogue programming.

Limitation of Damages

Under no circumstances, including negligence, shall AAS or its affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the AAS website, including without limitation use of or reliance on information available on the AAS website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance. AAS specifically disavows legal responsibility for what you may find on websites external to the AAS website, or for personal opinions of individuals posted on this or any website, whether or not sponsored by AAS, established for the purpose of permitting free exchange of personal opinions or discussion.

Website Terms of Use

AAS operates this Site to provide online access to information about American Alarm Systems and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

American Alarm System reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Release and Indemnity

You hereby release and waive any and all claims and/or liability against AAS and/or affiliates arising from or in connection with your use of the AAS website. You also agree to defend, indemnify and hold harmless, AAS and affiliates, from and against, any and all claims or liability, including costs and attorney’s fees, arising from or in connection with your use of the AAS website or failure to abide by applicable law.

Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (the “Content”) solely to learn about American Alarm Systems products and services. No right, title or interest in any Content is transferred to you.  American Alarm Systems reserves full title and intellectual property rights in all Content. You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service unless expressly permitted by in writing by American Alarm Systems.  You agree to use the website for lawful purposes only and you represent and warrant that you will not use or allow the use of the website or any of the information on the website in any manner; (a) that is prohibited by any law or regulation or by AAS policy or any rules identified in this agreement (b) that in any way will disrupt AAS business or any third parties use or enjoyment of the website or that has a negative effect on AAS (c) uses the website in such a manner as to create, transmit, distribute or store material that violates trademark copyright trade secret or other intellectual property laws, violates any individual or entity right to privacy, violates export control or data protection laws or in a manner that may be threatening, abusive or hateful or constitutes or encourages conduct that would constitute a fraud or criminal offense or give rise to civil liability or (d) that attempts to penetrate AAS’s security or (e) said use in any way impacts AAS’s reputation or goodwill.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.  If you learn that a third party is infringing, potentially infringing or misappropriating any of AAS is intellectual property, trademarks, logos or confidential information you agree to promptly notify AAS of said infringement.

Links to Third-Party Web Sites

The AAS website provides links to other websites only for your convenience, and is not responsible for the availability or content of these third party websites, nor does AAS endorse, warrant or guarantee any products, services or information described or offered at such websites. Further, your use of any third party websites is at your own risk and governed by the terms and policies of those websites.

Linking to this Site

Unless specifically authorized by American Alarm Systems, Inc. you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

Downloading Files

American Alarm Systems makes all reasonable efforts to ensure file integrity but cannot and does not guarantee or warrant that files available for downloading through the Site are free of infection by software viruses, malware or other harmful computer code, files or programs.  You expressly agree not to download to the AAS website any software viruses, malware or other harmful computer code, files or programs.

Limitation of Liability

In no event will American Alarm Systems be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of ( I ) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if American Alarm Systems has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, American Alarm Systems liability is limited and warranties are excluded to the greatest extent permitted by law to a maximum of any monies paid by you to AAS in conjunction with your use of this website.

  1. For greater certainty, these disclaimers apply to, among other matters and with respect to the Website, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or authorized access to, alteration of, or use of, whether for breach of contract, tort, negligence or any other cause of action.
  2. To the maximum extent permitted by applicable law, (a) AAS, its subsidiaries, affiliates, partners, employees, directors, contractors and its licensors (such persons, the “providers”) disclaim all warranties and conditions, either express or implied, statutory or otherwise, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the website and the AAS systems and any information or date contained on or in the website, (b) the providers do not promise that the website or the AAS systems or any information or data contained on or in the website, will be error free or that any user’s use will be on an uninterrupted bases, or that any defects will be corrected, or that your use of the website or the AAS systems or any information or data contained on or in the website will provide specific results, and (c) that website and the AAS systems and the data are provided on an “as is” and “as available” basis, and the entire risk arising out of use or performance of the website and the AAS systems remains with you, including its suitability for your intended purpose. The providers cannot ensure that the website or the AAS systems, or any files or any information or data contained on or included with the website or the AAs systems or the data will be free of viruses or contamination or destruction features.  In no event shall the providers be liable for any loss or damage hereunder, including any inaccuracy of data, loss of profits or business information, business interruption, or any indirect, special, incidental or consequential damages arising out of the use of or inability to use the website or the AAS systems or the data, even if such party has been advised of the possibility of such damages in any case, the providers’ maximum entire liability under any provision of this agreement for our any alleges breach or for any alleged wrongful conduct shall be limited to the amount of fees actually paid by you (or on your behalf pursuant to AAS during the six month period immediately preceding the event that gave rise to the claim.
  3. The providers do not guarantee or warranty the accuracy and completeness of any information or data contained on or in the website. The providers do not independently verify the completeness, accuracy or authenticity of the public information or third party information contained in any information contained on or in the website.  The information may be subject to transcription or transmission errors.  Such data is supplied to you as received on an “as is” basis.  Some states do not allow the exclusion or limitation of indirect, special or consequential damages, so the above limitation may not apply to you.  The limitations of this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term.
  4. AAS will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, unusually severe weather conditions, and Internet disturbance) that is beyond its commercially reasonable control.
  5. In no event will AAS be liable for any unauthorized use of misuse of any account number or password it is provided, unless caused by the gross misconduct or willful neglect of AAS or it agents. It is your responsibility to protect the Licensee Data and any and all information provided to AAS.

 

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless American Alarm Systems, its Directors and Officers, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by American Alarm Systems of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. American Alarm Systems therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. American Alarm does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/Choice of Law/Choice of Forum

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, American Alarm Systems Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California with venue for any action to be in Orange County California.

Modification

These Terms may be modified by American Alarm Systems, Inc.  From time to time and any future modifications will be binding on you immediately upon posting.

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