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Terms of Use Agreement

Thank you for visiting this website (this “Site”)! This Site is operated by BuyADT.com (“BuyADT”, “we”, “us” or “our”) and allows you to: (a) search for and purchase the products and services available on the site; or (b) simply view this Site. This Terms of Use Agreement (this “Agreement”) governs your use of this Site.

1. Your Use of this Site and Affirmative Representations.
   When you use this Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) you are not violating any applicable law or regulation; and (d) you are 18 years of age or older.
2. Terms Governing Contests, Giveaways and Other Promotions on the Site.
   The additional promotional pricing terms listed on Exhibit A, which is incorporated by reference, apply to your purchase of products and services on the Site. Please carefully review Exhibit A. In the event of a conflict between the terms of Exhibit A and this Agreement, the terms of this Agreement will apply. In addition, special terms may apply to specific contests, giveaways and other promotions we may offer from time to time on the Site. These terms will be listed on the Site, and these terms apply to your participation in the contests, giveaways and other promotions. In the event these special terms conflict with the terms of this Agreement, the terms of this Agreement will apply.
3. Rules Governing Your Use of this Site.
   You are entirely responsible for any harm resulting from your use of this Site. You represent and warrant that:
   1. you will not use this Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications;
   2. you will not access this Site through the use of scripts, bots or other automated means;
   3. you will not access this Site other than through the interface that we provide to you and will not engage in unauthorized framing of, or linking to, this Site unless otherwise specifically authorized by us in a separate written agreement;
   4. you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site;
   5. you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
   6. you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of the Materials (as defined in Section 5 below) or enforce limitations on use of this Site or the Materials on this Site; or
   7. you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of this Site.
4. Grant of License to Us for Contributions.
   We need a license from you so that we can use your feedback, materials, questions, comments, suggestions, ideas, plans, notes or other information about us, this Site and/or the services made available on this Site (“Contributions”) on this Site or elsewhere. By making a Contribution to this Site, you grant to us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, and royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (meaning that we can sublicense its rights to, for example, third party hosted service providers or affiliates who provide you with the services you request) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform publicly display, reproduce and distribute the Contribution for any purpose, commercial or otherwise. You further grant us the right to use the name that you submit in connection with your Contributions. And, you acknowledge that this license does not obligate us to use your name in connection with your Contributions.
5. Our Intellectual Property Rights.
   All of the content on this Site (the “Materials”) and the trademarks, service marks, and logos contained on this Site (“Marks”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted by this Agreement. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the Materials.
6. Survival.
   Even after your use of this site has ended, this Agreement will remain in effect, including in particular sections 1-6 and 8-19.
7. Modifications.
   The Internet and technology are rapidly changing. Accordingly, we may modify this Agreement from time to time. We will contact you if we do so, which is why it is important that you immediately notify us if your email address changes. We will also put any revised versions of this Agreement on this Site with a notice advising of the change. You should therefore regularly check this Site for any announcements about revisions and you must keep your contact information current to ensure you are informed of any changes.
8. Disputes with Us, Choice of Law and Forum, Limitation on the Time to File Actions and Attorney’s Fees.
   8.1 Choice of Law. You and we agree that any disputes between us shall be resolved under the substantive law of the state of Florida (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply.
   8.2 Forum and Venue. You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Fort Lauderdale, Florida.
   8.3 Limitation on the Time to File Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Site or any services we offer must be filed not later than one year after such claim or cause of action arose or such claims will be forever barred.
   8.4 Attorney’s Fees. Each party agrees to reimburse the other party for any and all costs incurred by that party, including but not limited to attorney’s fees, in defending any civil action filed or attempted to be filed by the other party in any jurisdiction other than Fort Lauderdale, Florida.
9. Third Party Sites.
   This Site may contain links to other websites (“Third Party Websites”). We do not own or operate the Third Party Websites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Websites. The availability of links on the Site does not constitute a representation or warranty or imply that we endorse any Third Party Websites or any materials, opinions, goods or services available from these sites. Third party materials accessed through or used by means of the Third Party Websites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY WEBSITES. BEFORE VISITING A THIRD PARTY WEBSITE BY MEANS OF THE SITE OR A LINK LOCATED ON THIS SITE, YOU SHOULD REVIEW THE THIRD PARTY WEBSITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER WEBSITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF SUCH THIRD PARTY WEBSITES.
10. Disclaimers.
    ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limited Liability.
    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, THE MATERIALS OR ANY OTHER CONTENT ON THIS SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU OR BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
12. Indemnity.
    You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, your use of this Site, content on this Site or the Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Entire Agreement.
    This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
14. Independent Contractors.
    Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you.
15. No Third Party Beneficiaries.
    This Agreement is between you and us. There are no third party beneficiaries to this Agreement.
16. Section Titles.
    The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Non-Waiver.
    Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
18. Severability.
    The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
19. Assignment.
    You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.

Exhibit A

Promotional and Prices and Offers

Terms and Conditions

$99.00 Customer Installation Charge. 36-Month Monitoring Agreement required at $35.99 per month ($1,295.64). Form of payment must be by credit card or electronic charge to your checking or savings account. Offer applies to homeowners only. Local permit fees may be required. Satisfactory credit history required. Certain restrictions may apply. Offer valid for new ADT Authorized Dealer customers only and not on purchases from ADT Security Services, Inc. Other rate plans available. Cannot be combined with any other offer.

1. If during the six months following installation we are unable to resolve any installation/service-related concern, ADT will refund the installation charge and/or any monitoring fees paid. See 6-month ADT Money-Back Service Guarantee Certificate for full details and conditions.
2. The customer who presents ADT with the original Theft Protection Certificate will be eligible to receive a reimbursement of up to five hundred dollars ($500.00) of customer’s homeowner’s insurance deductible (if any), if ALL of the following requirements are met to ADT’s reasonable satisfaction. (i) the property loss was the result of a burglary that took place while the customer’s ADT security system was in good working order, connected to ADT’s central station and was “on” and while all the customer’s doors and windows were locked; and (ii) the intruder entered the residence through a door, window or other area equipped with an ADT detection device, and such detection device was not “bypassed”, and (iii) customer is not in any way in default under the ADT Residential Services Contract; and (iv) customer files a written claim with its homeowners’ insurance company, and such claim is not rejected or otherwise contested by the insurer; and (v) customer reports the burglary loss to the appropriate police department and obtains a written police report; and (vi) customer provides ADT with copies of the insurance claim report and the police reports; and (vii) customer certified in writing to ADT (by signing the ORIGINAL CERTIFICATE and presenting it to ADT) that all of the foregoing requirements have been satisfied. Customer understands that presentation of the ORIGINAL CERTIFICATE signed by customer is required and understands that ADT reserves the right to reject any application for reimbursement that does not comply with ALL of the requirements. Photocopies and other reproductions of the certificate will NOT be accepted. By signing the documents, customer certifies to ADT that all of the foregoing requirements have been satisfied. Subject to terms and conditions of the ADT Residential Services Contract between customer and ADT Security Services, Inc.
3. To qualify for the Mover’s Security Guarantee, you must be a current or former ADT customer who has had active ADT contract monitored service for two years (24-months), and your ADT account must be in good standing, or have been in good standing when you left ADT. Offer valid for two (2) years following cancellation of ADT service in your prior home. 36-month monitoring agreement required at the then-prevailing monthly monitoring rate. ADT may substitute a comparable home security system package. Local permit fees may be required. Satisfactory credit history required. Certain restrictions may apply. Additional monitoring fees required for some services.
4. Identity Theft Protection is a service of Equifax Consumer Services, Inc. ADT Security Services Inc., is not affiliated with Equifax and makes no representations or warranties with respects to the Equifax services.

® Copyright 2009. ADT Security Services, Inc. All Rights Reserved. ADT, the ADT logo and SecurityLink are registered trademarks of ADT Services AG and are used under license

Saveology.com® up to $150 Gift Card Promotion: In order to qualify for this promotion, you must be a new subscriber who has ordered ADT service through FirstHomeAlarm.com. Qualifying purchases include ADT Basic, ADT Premium Package or ADT Cellular Package. All service must be ordered during the advertised promotional period. Click the word Rebate at the bottom of the web page and download the Redemption form. Make 2 copies; enclose 1 completed and signed copy along with a copy of your first month’s bill, and mail it to the address on the form. All forms must be postmarked no later than 60 days after service activation. Those who qualify will receive up to $150 Gift Card by mail. Offer may end without notice. Certain restrictions apply. Offer good in the United States only, except where prohibited, taxed, or restricted by law. Promotion period is June 1, 2009 – March 31, 2010. Saveology.com® is solely responsible for this offer.