ADT Mobile Monitoring Terms

IMPORTANT - BY USING ADT LLC'S MOBILE MONITORING SERVICES (the "ADT Services"), INCLUDING USE THROUGH A THIRD-PARTY APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE TERMS OF THIS AGREEMENT MAY CHANGE FROM TIME TO TIME, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. BY ACCEPTING THIS AGREEMENT AND CONTINUING TO USE THE ADT SERVICES YOU ARE ACCEPTING THIS AGREEMENT, AND ANY UPDATES AND CHANGES TO THIS AGREEMENT. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT LIMITS YOUR LEGAL RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT PROCEED ANY FURTHER WITH REGISTRATION FOR THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THIS AGREEMENT IS TO CEASE USING THE SERVICES.

1. SIGNAL RESPONSE

Upon receipt of an alarm signal (“Signal”) from you at ADT's central monitoring center, ADT may, at its sole discretion, attempt to contact you and/ or anyone on your emergency contact list (if applicable) using the data provided by Lyft, to confirm that the Signal requires action and is not a false alarm. If ADT does not contact you and/or someone on your emergency contact list (if applicable), or if ADT questions the response it receives upon such contact, then ADT will attempt to notify the appropriate police department, medical response services or fire department if authorized by you and not otherwise prohibited by law.  You agree that the very nature of Signal response, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold ADT responsible or liable; and that the actual time required for first responders to arrive at your premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of ADT's control. The person(s) identified on your emergency contact list (if applicable) are authorized to act on your behalf. Local laws, ordinances or policies may restrict ADT's ability to provide the Signal monitoring and response services described herein. ADT employs a number of industry-recognized measures to help reduce occurrences of false alarms. These measures include, but are not limited to, various procedures at ADT's central monitoring center to determine when and how to respond, if at all, to certain Signals. You consent to ADT's use of these measures.  Upon receiving notification that a Signal has been received by ADT from you, the police department, fire department or other responding authority may forcibly enter your premises or the premises from which your Signal originates.

2. LIMITATIONS ON ADT’S LIABILITY
   1. NO WARRANTIES. YOU AGREE THAT ADT MAKES NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR DEVICE(S) OR TO THE SERVICES ADT PERFORMS. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS SET FORTH IN SECTION 2(d) (EXCLUSIVE REMEDY) BELOW. SOME STATES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY. THE LAWS OF THE STATE WHERE YOU RESIDE WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.
   2. INSURANCE; WAIVER OF SUBROGATION. YOU AGREE THAT ADT IS NOT AN INSURER AND THAT ADT IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS YOU MAY PAY LYFT, ADT OR A THIRD PARTY FOR USE OF THE SERVICES ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY IN YOUR CUSTODY OR LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS OF THE AFFOREMENTIONED. INSTEAD, THE AMOUNTS YOU MAY PAY ARE BASED SOLELY UPON THE VALUE SERVICES ADT PROVIDES AND UPON THE LIMITED LIABILITY ADT ASSUMES UNDER THIS AGREEMENT. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS OF YOUR LIFE, PROPERTY, ANYONE ELSE’S LIFE OR PROPERTY, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO ADT TO COMPENSATE YOU OR ANYONE ELSE FOR SUCH EVENT OR LOSS. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST ADT ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY ARISING OF THIS AGREEMENT.
   3. NO GUARANTEE; NO LIABILITY. YOUR DEVICE(S), EQUIPMENT, ADT’S SERVICES, AND/OR YOUR USE OF ADT’S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT OR FOR WHICH NOTIFICATION IS PROVIDED, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, TORTS, ROBBERIES, ASSAULT, OTHER CRIMINAL ACTIVITY, AND MEDICAL PROBLEMS. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT YOUR DEVICE(S), ADT’S SERVICES, AND/OR YOUR USE OF ADT’S SERVICES WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ADT 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 ADT. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST ADT OR ITS THIRD PARTY PROVIDERS FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO THE YOUR DEVICE(S) OR THE SERVICES PROVIDED BY ADT.
   4. EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY ADT TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD ADT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2 (LIMITATIONS ON ADT’S LIABILITY), ADT IS FOUND LIABLE FOR LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY ADT AND/OR YOUR DEVICE(S), ADT’S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO 10% OF ANY AMOUNTS YOU MAY PAY FOR USE OF THE ADT SERVICES OVER LAST THE TWELVE MONTHS OR $500, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS YOUR SOLE REMEDY. UPON YOUR REQUEST, ADT MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS SECTION 2 BY ATTACHING AN AMENDMENT TO THIS AGREEMENT SETTING FORTH THE EXTENT OF ADT’S LIABILITY AND THE ADDITIONAL CHARGES TO YOU.
   5. APPLIES IN ALL CASES. THE PROVISIONS OF THIS SECTION 2 (LIMITATIONS ON ADT’S LIABILITY) APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY ADT OF ITS OBLIGATIONS OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ADT, ITS AGENTS OR ITS EMPLOYEES.
   6. INDEMNITY BY YOU. IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST ADT IN ANY WAY RELATED TO (1) YOUR DEVICE(S), EQUIPMENT, OR THE SERVICES PROVIDED BY ADT TO YOU, OR (2) ANY INACCURACIES IN ANY PERSONAL INFORMATION, INCLUDING ANY CONTACT INFORMATION, PROVIDED TO ADT IN ORDER FOR ADT OR ITS REPRESENTATIVE TO COMMUNICATE WITH YOU FOR ANY REASON (INCLUDING BUT NOT LIMITED TO IN REGARD TO THE ADT SERVICE), YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES. 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 ADT AND REGARDLESS WHETHER ADT HAS BEEN FOUND LIABLE OR WHETHER ADT HAS INCURRED ANY EXPENSE.
   7. TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT AFTER THE SHORTER OF (1) ONE YEAR AFTER THE DATE OF THE LOSS, OR (2) THE SHORTEST TIME ALLOWED BY APPLICABLE LAW.
   8. BENEFIT TO OTHERS. THE PROVISIONS OF THIS SECTION 2 (LIMITATIONS ON ADT’S LIABILITY) SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS, LYFT, THIRD PARTY PROVIDERS OF YOUR DEVICE(S), AND ALL OTHER PARTNERS USED BY ADT IN PROVIDING THE SERVICES TO YOU.
3. REQUIREMENTS FOR RESOLVING DISPUTES
   1. Binding Arbitration. ADT AND YOU AGREE THAT ANY AND ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE GOVERNED BY BINDING ARBITRATION AS SET FORTH IN THIS SECTION 3 (REQUIREMENTS FOR RESOLVING DISPUTES). Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court.
   2. Small Claims Court Allowed. ADT agrees not to elect arbitration if you file a Dispute in a small claims court in your state of residency so long as the Dispute is individual and non-representative in nature and remains exclusively as such in small claims court.
   3. Advanced Notice Requirement. Before initiating an arbitration or a small claims matter, you and ADT agree to first provide to the other a written “Notice of Dispute” that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to ADT should be sent to: Litigation Department, ADT Security Services, 1501 Yamato Road, Boca Raton, FL 33431. ADT will mail a Notice of Dispute to the current address on your Account.
   4. Rules for Proceeding. You and ADT agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, ADT or you may commence an arbitration proceeding or small claims action.
   5. Initiation of Arbitration Proceeding. If either you or ADT elects to arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the national arbitration organization to which the Dispute is referred. ADT or you may refer a Dispute to either the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”). If ADT elects arbitration and chooses one of the organizations to administer, you may object and automatically have the other organization administer the proceedings simply by notifying ADT of your objection in writing within 30 days of your receipt of ADT’s initial selection. To obtain a copy of the procedures, or to file a Dispute, you may contact the organizations at the following: (1) AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los Angeles, CA 92614, www.jamsadr.com.
   6. Law Governing Disputes. Because your transaction(s) with ADT involves interstate commerce, this Arbitration Agreement and any Dispute arbitrated hereunder shall be governed by the Federal Arbitration Act (“FAA”). The JAMS or AAA code of procedures, as chosen, will govern the arbitration, but if there is a conflict between the applicable code of procedures and this Arbitration Agreement, this Arbitration Agreement shall control to the fullest extent permitted by the FAA. Unless otherwise agreed to by you and ADT, the arbitration will be conducted by a single, neutral arbitrator at a location within the federal judicial district in which you reside. Upon your request, ADT will reimburse you for all filing and administrative fees required for initiating the arbitration. Otherwise, each party is responsible for its own respective costs and fees, including, but not limited to, attorney and expert fees. The arbitrator shall apply applicable substantive law and, upon the request of either you or ADT, issue a written explanation of the basis for the decision.
   7. Waiver of Litigation. IF EITHER YOU OR ADT ELECTS TO ARBITRATE A DISPUTE, YOU AND ADT WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, YOU AND ADT MAY ALSO WAIVE OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER ADT OR YOU ELECTS TO ARBITRATE A DISPUTE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration will be arbitrated on an individual basis, between ADT and you only, without exception. A Dispute cannot be joined or consolidated with any other claim or action.
   8. Arbitration is Final. Judgment on the arbitration award may be entered in any court having proper jurisdiction. EXCEPT AS FOLLOWS, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. ADT or you may appeal the arbitrator’s initial award to a three-arbitrator panel administered by the same arbitration organization upon written notice within 30 days of the initial award. The arbitration organization will notify the other party of the appeal. The panel shall consider any aspect of the initial award objected to by the appealing party and issue a decision within 120 days of the date of the notice of appeal. The majority decision by the three-member panel shall be final and binding. Any dispute regarding the applicability, enforcement or interpretation of Section 2 (LIMITATIONS OF ADT’S LIABILITY) or this Section 3 (REQUIREMENTS FOR RESOLVING DISPUTES) shall be resolved by a court having proper jurisdiction. This Arbitration Agreement will not prevent you from bringing a Dispute to the attention of any federal, state, or local government agency. This Arbitration Agreement shall survive termination of this Agreement.