Terms of Service
Effective Date: December 17, 2014
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
Introduction and Overview
If You Want to Use This Service,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms then posted (subject to Section 15. Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Service available to you.
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”. THESE TERMS ARE IN ADDITION TO, AND NOT IN SUBSTITUTION OF, YOUR SERVICE/INSTALLATION AGREEMENT WITH ACKERMAN WHICH ARE ADDITIONAL TERMS HEREUNDER (“Alarm Service Agreement”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will
These Terms are posted in interactive format to ease your review, especially using smart phones and other devices with small screens. It is important that you read and understand these entire Terms before using the Service. To ease review, each section below includes a brief introductory summary and a link to the full explanation. Please note that the complete provisions, and not the headings or summaries shall govern. You can click on the headings and “More” buttons to be taken to the full explanation. Any capitalized terms that appear, but are not defined in the introduction, have the meanings given to them elsewhere in the Terms.
We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations. More
You grant us a broad license, which we may sublicense, to the content you submit which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. We have the right to manage our Service to keep its content appropriate. More
Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part. More
You may have the opportunity to open, revise and close your Accounts, subject to certain rules. We may offer you the ability to make choices regarding how and to whom some aspects of your Account are used and seen, but these may not be completely effective. More
5. Auto Pay
Certain portions of the Service may allow you to set-up payment authorizations or otherwise pay your bills. More
Click here to contact us for customer service or questions. You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page or by other reasonable means, such as to the e-mail you provided. More
Terms may change and errors may occur. Consult applicable Additional Terms regarding each product. More
You may link to our Service, subject to some basic requirements. More
We are not responsible for third parties or their content, advertisement(s), apps or sites. For instance, our Service may integrate third party mobile applications into it that we do not control. Similarly, we may make ads and third-party content or services available to you on or via our Service, which we also do not control. Use caution when dealing with third parties. More
Wireless carrier charges may apply to use of the Service via wireless networks or Devices for which you will be responsible. More
To the extent permitted by applicable laws, you agree to arbitrate most disputes and waive jury trial and class actions. More
We disclaim most warranties and provide the Service “As Is”. More
Our liability is greatly limited as more fully explained in this section. More
You waive equitable or injunctive relief. More
15. Updates to Terms
These Terms and applicable Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof. More
You agree to various other terms and conditions, which you should read here. More
Full Details of Terms of Service
A. Content. The Service contains a variety of: (i) materials and other items relating to Ackerman and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Ackerman (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Ackerman and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Ackerman or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Ackerman owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
C. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Ackerman grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) and/or print one copy of the Content for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Ackerman’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
D. Reservation of All Rights Not Granted As To Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to Ackerman Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Ackerman and its licensors and other third parties. Any unauthorized use of any Ackerman Content or the Service for any purpose is prohibited.
A. General. Ackerman may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Content included therein, “Submissions”). Ackerman may allow you to do this through blogs, message boards, social networking environments, social communities, contact us tools, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your Submissions and you remain ultimately responsible for it.
C. License to Ackerman of Your Submissions. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your Submissions, you grant Ackerman a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Submissions throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Ackerman's sole discretion and without compensation to you. You represent and warrant that you own or otherwise control all of the rights to your Submissions; that the Submissions are accurate; that use of your Submissions does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Ackerman for all claims resulting from your Submissions.
D. Ackerman’s Exclusive Right to Manage Our Service. Ackerman may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Submissions, and Ackerman may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Submissions without notice or any liability to you or any third party in connection with our operation of Submissions venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.
E. Enforcement. Ackerman has no obligation to monitor or enforce your intellectual property rights to your Submissions, but you grant us the right to protect and enforce our rights to your Submissions, including by bringing and controlling actions in your name and on your behalf (at Ackerman’s cost and expense, to which you hereby consent and irrevocably appoint Ackerman as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
A. Service Use Restrictions. You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Ackerman or its affiliates, use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Ackerman; (iv) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Ackerman, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the Submissions; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Ackerman or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Service and Content. Ackerman may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Ackerman’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to make use of Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Ackerman and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
If you signed up for the automatic payment (“Auto Pay”) by submitting an authorization (the “Authorization”) allowing Ackerman to initiate monthly payments (“Recurring Payments”) of amounts due on the Account specified in such Authorization via (i) ACH debit entries to the checking or savings account (“Bank Account”), or (ii) charges to the American Express, VISA, MasterCard, or Discover Payment card (“Payment Card”) (collectively, with the Bank Account the “Payment Method”), in either case, as specified in such Authorization, you have agreed that your use of the Auto Pay is governed by these Terms. The Terms contained in this Section entitled “Auto Pay” govern the Auto Pay Service only.
Each monthly Recurring Payment debited/charged to the specified Payment Method will be in the full amount then due on the applicable Account including, without limitation, amounts due for monthly standard service charges, optional and additional services, equipment purchased from Ackerman and all applicable taxes, fees, and surcharges thereon, in each case as reflected on your monthly Ackerman bill (“Ackerman Bill”) for such Account. You also authorize Ackerman to debit/credit/charge the specified Payment Method for any refunds or other billing adjustments owed to or by you on the specified Account. Ackerman will automatically debit/charge the specified Payment Method for Recurring Payments until you terminate the Authorization in the manner described in these Terms.
It may take up to thirty (30) days after you have signed up for Auto Pay before Ackerman begins debiting/charging the specified Payment Method to pay the specified Account (the “Transition Period”). You should contact your Payment Method provider to determine when those debits/charges have begun. You are responsible for (a) using another method to pay the specified Account during the Transition Period, and (b) late charges, interest, termination of service, and other penalties that you may incur as a result of your failure to pay the specified Account when due during the Transition Period. We may use the services of one or more third party, hosting providers, processors and/or financial institutions (each a "Processor") to process the Payment Method for the Auto Pay. BY PROVIDING PAYMENT METHOD INFORMATION, YOU EXPRESSLY AUTHORIZE ACKERMAN, ITS AGENTS, SERVICE PROVIDERS AND PROCESSORS TO CHARGE THE PAYMENT METHOD FOR THE SERVICE.
Debits/charges to the Payment Method may be rejected by (a) the financial institution where the specified Bank Account is maintained (“Financial Institution”), or (b) the issuer of the specified Payment Card (“Payment Card Issuer”) for any reason. You authorize and direct the Financial Institution/Payment Card Issuer to honor all debits/charges to the specified Payment Method initiated by Ackerman under Auto Pay. If Ackerman is unable to debit/charge the specified Payment Method to pay your Ackerman Bill for any reason, you shall immediately pay such Ackerman Bill using another payment method. If any debit/charge to the specified Payment Method is returned unpaid by the Financial Institution/Payment Card Issuer for any reason, Ackerman may charge, and you agree to pay, a returned payment fee permitted under applicable law. Ackerman may re-process returned debits/charges for a period of thirty (30) days after they were rejected. Ackerman retains the right to exercise any other legal remedy, including, but not limited to, the right to impose a late fee and interest and the right to report you to one or more consumer reporting agencies should you become delinquent on your Account (more than 90 days without a payment), all consistent with the terms and conditions of your Alarm Service Agreement. Subsequently scheduled Recurring Payments may also be canceled. Notwithstanding that you have subscribed to use Auto Pay to pay your Ackerman Bill, (a) you continue to be responsible under your Alarm Service Agreement to pay all amounts due under the Alarm Service Agreement on or before the date they are due, and (b) Ackerman may seek all remedies available to it under the Alarm Service Agreement, these Terms, or applicable law if you fail to pay amounts due under your Alarm Service Agreement on or before their due date for any reason.
You represent and warrant to Ackerman that (a) you are the owner or the authorized agent for the owner of the Payment Method, and (b) debits/charges to the specified Payment Method in accordance with the terms above will not be disputed. You acknowledge that the origination of debits/credits/charges to your Payment Method must comply with the provisions of U.S. law.
Ackerman will debit/charge the specified Payment Method for the amount necessary to pay each of your Ackerman Bills. Your Ackerman Bills contain an itemized list of charges to your Account during the applicable billing period and notify you of increases or decreases in the Recurring Payments to be debited/charged to the specified Payment Method.
Recurring Payments will be debited/charged to the specified Payment Method to pay your Ackerman Bill no earlier than three (3) business days prior to the due date set forth on that bill. You shall promptly review each of your Ackerman Bills and give Ackerman written notice of any errors or disputed charges therein within thirty (30) days of receiving such Ackerman Bill. If you inform Ackerman that an error exists or that you dispute a charge on your Ackerman Bill, Ackerman will attempt to correct that error or rectify that dispute prior to sending your next Ackerman Bill to you. Ackerman BEARS NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF (A) INSUFFICIENT FUNDS AVAILABLE AT THE TIME ACKERMAN DEBITS/CHARGES THE SPECIFIED PAYMENT METHOD TO PAY YOUR ACCOUNT, (B) AN ERRONEOUS ACKERMAN BILL OR STATEMENT, (C) ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR PAYMENT METHOD IS DEBITED/CHARGED, OR (D) YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID INFORMATION.
Ackerman may terminate Auto Pay at any time by giving you written notice. You may revoke the Authorization at any time by contacting Ackerman at 770-552-1111, an account representative will be happy to assist you. In order to terminate the Authorization for the next payment on your Account using Auto Pay, Ackerman must receive such termination request at least thirty (30) days prior to next date on which Ackerman is scheduled to debit/charge the specified Payment Method.
You agree to keep a valid Payment Method on file with us, and if at any time you change the specified Payment Method information used to make Recurring Payments, the Authorization will apply to the new Payment Method then specified as your payment source in this Site.
We may delay, suspend or refuse to process a Payment Method if we suspect the Payment Method is unauthorized, fraudulent, suspicious or otherwise unusual based on prior transaction activity or other fraud controls, but you are still responsible for the payment(s) due.
Please note that upon notice, prices are subject to change. Depending on your billing address, services may be subject to state and local sales taxes depending. You may change your billing address at any time. Changing your billing address may change your sales tax liability. Any changes will be reflected in your next applicable billing period.
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address. All legal notices to us must be sent to Guardian of Georgia, Inc. d/b/a Ackerman Security, 1346 Oakbrook Drive, Suite 175, Norcross, GA 30093, Attn: Legal Department.
We do our best to describe every product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Ackerman shall have the right to refuse or cancel any orders in its sole discretion. If we charged your Payment Method or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Applicable Additional Terms may apply..
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Ackerman or cause any other confusion, and (c) the links and the content on your website do not portray Ackerman or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Ackerman. Ackerman reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
A. Third-Party Content and Sites; Advertisements. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by Ackerman, and the Service may also include links to third-party ads, tools and/or other content on the Service or otherwise, to or from third-party sites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Ackerman. This may include the ability to register or sign in to our Services using Facebook Connect or other third party tools, and to post content on this party sites and services using their plug-ins made available on our Services. We may also host our content, apps and tools on Third-Party Sites. Ackerman may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Ackerman does not assume any obligation to review any Third-Party Sites. Ackerman does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Ackerman is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, Ackerman will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Ackerman DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Ackerman disclaims all liability in connection therewith.
A. Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features, monitor your security system, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are responsible. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
B. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications via such features or apps to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Ackerman of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Ackerman agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act and/or the New York Convention of 1958. This Section 11 can only be amended by mutual agreement.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your Submissions, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Ackerman’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 11(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section 11(A). Your notice to us must be sent to: Ackerman, Guardian of Georgia, Inc. d/b/a Ackerman Security, 1346 Oakbrook Drive, Suite 175, Norcross, GA 30093 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Ackerman and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Ackerman to resolve the Dispute or Excluded Dispute on terms with respect to which you and Ackerman, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 11(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND Ackerman MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS. The FAA shall govern the arbitrability of all disputes between Ackerman and you regarding these Terms (and any Additional Terms) and the Service, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Ackerman and you agree, however, that Georgia or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Ackerman regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Georgia’s choice of law principles.
A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA with one arbitrator appointed. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Ackerman to pay a greater portion or all of such fees and costs in order for this Section 11 to be enforceable, then Ackerman will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a short, reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.
C. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 11(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
D. Injunctive Relief. The foregoing provisions of this Section 11 will not apply to any legal action taken by Ackerman to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your Submissions and/or Ackerman’s intellectual property rights (including such Ackerman may claim that may be in dispute), Ackerman’s operations, and/or Ackerman’s products or services.
E. No Class Action Matters. YOU AND Ackerman AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 11(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 11(F). Notwithstanding any other provision of this Section 11 or applicable arbitration rules, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Federal and State Courts in Gwinnett County, Georgia. Except to the extent that arbitration is required in Section 11(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or Federal court in Gwinnett County, Georgia. Accordingly, you and Ackerman consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 11(F).
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Guardian of Georgia, Inc. d/b/a Ackerman Security and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Ackerman Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Service (including the Content and the Submissions);
(b) the functions, features, or any other elements on, or made accessible through, the Service;
(c) any products, services, or instructions offered or referenced at or linked through the Service;
(d) security associated with the transmission of your Submissions transmitted to Ackerman or via the Service;
(e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Service will be repaired or corrected;
(h) whether your access to the Service will be uninterrupted;
(i) whether the Service will be available at any particular time or location; and
(j) whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY AN ACKERMAN PARTY, ACKERMAN PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY Ackerman PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, that are directly or indirectly related to:
(a) the Service (including the Content and the Submissions);
(b) your use of or inability to use the Service, or the performance of the Service;
(c) any action taken in connection with an investigation by Ackerman Parties or law enforcement authorities regarding your access to or use of the Service;
(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(e) any errors or omissions in the Service’s technical operation; or
(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Ackerman Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you, and you may have additional rights.
EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACKERMAN PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID ACKERMAN IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY ACKERMAN OR A MANUFACTURER OF A PHYSICAL PRODUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ACKERMAN (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF ACKERMAN.
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE ADDITIONAL TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The applicable Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
A. Ackerman’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Ackerman a right of consent or approval, or permits Ackerman to exercise a right in its “sole discretion,” Ackerman may exercise that right in its sole and absolute discretion. No Ackerman consent or approval may be deemed to have been granted by Ackerman without being in writing and signed by an officer of Ackerman.
B. Applicable Law. These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Georgia, without regard to its conflicts of law provisions, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case the laws of such jurisdiction are to govern.
C. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Ackerman Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Ackerman Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Submissions; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Ackerman Parties’ use of the information that you submit to us (including your Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Ackerman Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Ackerman Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Ackerman Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the Ackerman Party.
D. Operation of Service; Availability of Products and Services; International Issues. Ackerman controls and operates the Service from its U.S.-based offices in the U.S.A., and Ackerman makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.
E. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
F. Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
H. Assignment. Ackerman may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Ackerman.
I. No Waiver. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Ackerman in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
J. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
K. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
©2014 Guardian of Georgia, Inc. d/b/a Ackerman Security. Ackerman Security, Ackerman, Seconds Count, The Sign of Real Security, and their respective logos are trademarks or registered trademarks of Guardian of Georgia, Inc. d/b/a Ackerman Security. All Rights Reserved