WWW.AMERICASDEFENSESTORE.COM Terms and Conditions (Hereinafter referred to as “Dealer” with TN license number 2009)
ALL ORDERS WILL BE CONFIRMED WITHIN 24-48 HOURS WITH AN ORDER NUMBER AND EMAIL VERIFICATION. UPGRADED PRODUCTS MAY BE OFFERED OR SUBSTITUTED AT AMERICASDEFENSESTORE.COM'S SOLE DISCRECTION IF A PRODUCT IS NOT AVAILABLE OR IT IS DEEMED NECESSARY TO MAKE THE PRODUCT FUNCTION PROPERLY.
Because of the extreme shortage of certain items and accessories, we cannot guarantee that all products are in stock at the time of purchase. All orders are subject to minimal delays and we encourage all customers to call regarding the availability of individual items that require expedited shipping.
By making your purchase you are accepting the below Terms:
I accept the complete responsibility for the installation and setup of my equipment and services, including but not limited to, monitoring, video surveillance, GPS, access control, self-monitoring, automated services, emergency response services (for example police, fire and medical) and release Americasdefensestore.com, hereinafter referred to as “Dealer”, their partners affiliates, manufacturers and employees of all liability associated with the proper installation and setup of my equipment and monitored services. I understand that if I choose any additional EMS (Emergency and Medical Services) I will be responsible for the proper setup, activation and notifications for all such services. If any programming, activation or setup services are purchased, I understand that I am responsible for all aspects of proper installation and testing.
For direct contact with questions regarding these Terms and Conditions or other’s related to your purchase, please contact:
Fax: 866-208-8790 or Call: 800-604-1102
Our hours of operation are (Central Standard Time): Monday - Friday: 9:00am - 6:00pm and Saturdays hours are optional.
SHIPPING - There are no additional handling or shipping charges other than what is in your cart total at the time of checkout. Whenever possible, we will combine shipping for multiple small accessories on the same order. Shipping insurance is automatically provided on most items. Dealer is not responsible for uninsured items lost or damaged in transit by UPS, FedEx or USPS. Customer is responsible for shipping if the item is not picked up by the recipient in the allotted time required by the carrier, even if the item is returned by the carrier. If you would like to review the total shipping charges for your order, click Checkout to preview the order. You can preview the order, including shipping charges, before you click to Confirm your order. The shipping and handling charge covers the cost of standard shipping. If you require expedited shipping, the shipping fees will be greater. You must contact us for a quote if you require expedited shipping. We do NOT ship to PO Boxes.
FINANCING OPTIONS - Customer understands that any financing options are offered through 3rd party financing institutions and any such agreement, or obligation to such 3rd party financing company is the sole responsibility of the customer. Customer agrees to indemnify and hold harmless Dealer and all of its agents, employees, contractors and suppliers from any seen or unforeseen damages related to any dispute arising from the agreement with any 3rd party financing company.
INDEMNIFICATION - Customer agrees that the responsibility of learning how to properly use or install any and all products purchased from Dealer are the sole responsibility of the Customer and holds harmless Dealer, its employees, its agents, its vendors and contractors for any personal injury or harm that arises from the use or installation of any and all products sold through and by Dealer.
RIGHT OF CANCELLATION - Dealer reserves the right to cancel orders at their own discretion but particularly if the billing and ship to addresses do not match. Customers will be notified VIA email should Dealer consider an order to be a high risk order and determine that risk at their sole discretion. Customers transactions will be voided if not processed and refunded if the funds have already been processed. Customers can cancel their orders without a penalty as long as the equipment has not been shipped and the order is cancelled prior to their order posting through the credit card processing which takes place on or about 10PM Pacific Standard time the same day of the order. Cancellation of orders and refunds to credit cards after the cancellation period has expired will result in a cancellation fee up to twenty percent (20%) of the total value of the item.
EXPORT COMPLIANCE (ITAR) - Buyer agrees that they will not purchase for export nor purchase for resale to export any products to be resold outside of the United States or Canada. Doing so would be a violation of US Export laws and regulations. Buyer agrees to hold Dealer Harmless for any breach of US Export Compliance violations and accepts full responsibility for knowing and understanding such regulations.
RETURN AND REFUND POLICY - Dealer offers a ninety (90) day return for exchange policy with restocking fees of up to twenty (20) percent for non-freighted items only. International orders and large freight items have a "No Return" policy. Buyer may exchange standard products for any other products offered by Dealer. If the product has a manufacturer's defect, the manufacturer's warranty will guarantee replacement for that period of time offered by the manufacturer and will have the option to be returned to the manufacturer for replacement of manufacturer offers replacement or Dealer will replace defective materials and equipment if defects are covered by manufacturer for replacement through the Dealer. Extended warranty programs may be available from the Dealer.
IMPORTANT--READ CAREFULLY: You may have recently agreed to purchase residential or commercial security products and services from an independently owned and operated security services dealer (“Dealer”) that (“Alarm.com”)has authorized the to market and sell to you Alarm.com’s services (“Alarm.comServices”)for your use with certain hardware and other products (“Equipment”) that enable the Alarm.com Services. These Alarm.com Terms (Sections A1 through A10) are part of your legal agreement with the Dealer. These Alarm.com Terms appear here and contain, among other things, important warranty disclaimers (in Section A3)and limitations of liability (in Section A5) applicable to your use of the Alarm.com Services and the Equipment. By accepting these conditions, your agreement with the Dealer, accessing the Alarm.com customer website or using any other part of the Alarm.com Services, you agree to be bound by these Alarm.com Terms. Although these Alarm.com Terms are part of your legal agreement with the Dealer, you acknowledge and agree that they may be enforced byAlarm.com directly.
Alarm.com Monthly Services - If I have purchased monthly services from Dealer related to Alarm.com, GPS or EMS services, including but not limited to Alarm.com and UplinkGPS services, I understand that I will incur monthly charges in the amount stated on my contract that I have accepted by electronic or other signature and will receive debits from my account for those selected services. All services offered by Dealer have a 90 day cancellation policy. If I continue to use and accept services and my credit card or banking information changes, I understand that I am still liabel for those services and will notify Dealer regarding those changes. Unless otherwise selected by services options available to me by Dealer, I am not under any long-term contract. All “Monthly Services,” including GPS and EMS services, including but not limited to UplinkGPS and Alarm.com services are for 90 (ninety) day periods and automatically renew at the end of each 90 (ninety) day period unless I provide a written notice, VIA email, fax or standard USPS mail 30 (thirty days) prior to the expiration of any 90 (ninety) day renewal period.
A1. Pursuant to your agreement with the Dealer, if you have purchased Qolsys equipment, you have agreed to purchase Alarm.com Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that
(a) you have had the opportunity to read and review these Alarm.com Terms before entering into your agreement with the Dealer, (b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com subscriber or if the Alarm.com Services become unavailable at your location for any reason, you will have no right of refund, return or deinstallation with respect to any Alarm.com Services or any Equipment, except if and to the extent otherwise required by law. Alarm.com may modify these Alarm.com Terms from time to time as required to comply with applicable law. (d) Dealer is not the service provider and will be held harmless to any and all indemnification as Customer (Hereinafter also referred to as "You") has assumed the full responsibility for the proper setup and installation of your equipment and services.
A2. The Equipment contains proprietary software of Alarm.com that is embedded in the hardware.Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, “Alarm.com Materials”) and the Alarm.com Services. You agree that you will not (a) use, or cause or permit any other person or entity to use, any Alarm.com Materials or Alarm.com Services to design, build, market, or sell any similar or substitute product or service, or
(b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of any Alarm.com
Materials, (ii) the transferring or purported resale or
sublicensing of any Alarm.com Materials ,or (iii)the removal, delivery, or exportation of any Alarm.com Materials outside
the United States or any other act in violation of any relevant
export laws or regulations.
COMMERCIALLY REASONABLE EFFORTS TO CORRECT OR BYPASS AMATERIAL DEFECT IN THE ALARM.COM SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE ALARM.COM TERMS (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FORYOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO ALARM.COM SERVICES, ALARM.COM SERVICES, ALL EQUIPMENT AND ALLALARM.COM MATERIALS THAT ARE OR MAY BE PROVIDED BY ALARM.COM ARE PROVIDED “ASIS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALARM.COM DISCLAIMS (a) AL LEXPRESS WARRANTIES TO YOU, OTHER THAN THE LIMITED WARRANTY, (b)ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL ALARM.COM SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU. ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES.
A4. The prices we charge for the Alarm.com Services and Equipment reflect the value of the goods and services Alarm.com provides and not the value of your premises or its contents or any losses associated with personal injury or death. You understand and agree that Alarm.com and Dealer are not an insurer of your property or the personal safety of persons in or around your premises. If you feel that you need insurance, you should obtain it from a third party. You understand and agree that (a) the Alarm.com Services and Equipment may not detect or prevent an unauthorized intrusion on to the premises or other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage; (b) it is difficult to determine in advance the value of the property that might be lost, stolen, damaged or destroyed if the Alarm.com Services or Equipment fail to operate properly; (c) it is difficult to determine what portion, if any, of any property loss, personal injury or death would be proximately caused by Alarm.com’s:
(i)breach of these Alarm.com Terms, (ii) failure to perform,
(iii)negligence (including gross negligence), or (iv) any failure of the Alarm.com Services or Equipment.
A5. YOU AGREE THAT ALARM.COM’S LIABILITY TO YOU FOR ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE ALARM.COM SERVICES, AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT ALARM.COM WAS LIABLE FORTHE HARM, DAMAGES, INJURY OR LOSS. YOU FURTHER AGREE THAT THE LIMITATION OF LIABILITY IN THIS SECTION A5 SHALL APPLY (a) EVEN IF IT IS DETERMINED THAT ALARM.COM CAUSED THE HARM, DAMAGES, INJURY OR LOSS TO YOU OR SOMEONE IN OR AROUND YOUR PREMISES (INCLUDING EMPLOYEES AND INVITEES) AND (b) TO ALL HARM, DAMAGES, INJURY OR LOSS INCURRED INCLUDING ACTUAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYINGAN ADDITIONAL FEE TO ALARM.COM. IF YOU ELECT THIS OPTION, ARIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS AN INSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST ALARM.COM OR DEALER THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY.
A6. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived fromyour relationship with Alarm.com, attempts to hold Alarm.com or Dealer responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from (a) a failure of the Alarm.com Services or Equipment, (b) Alarm.com’s negligence (including gross negligence), (c) any other improper or careless activity of Alarm.com, or (d) a claim for indemnification or contribution, you will repay to Alarm.com and/or Dealer (i) any amount which Alarm.com is required to pay or which Alarm.com reasonably agrees to pay in settlement of the claim, and (ii) the amount of Alarm.com’s reasonable attorney’s fees and any other losses and costs that Alarm.com may incur in connection with the harm, damages, injury or loss.
A7. You understand and agree that these Alarm.com Terms, and particularly Sections A5 and A6, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives and affiliates of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors.
A8. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE ALARM.COM SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1)YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY. EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.
A9. These Alarm.com Terms shall be governed by the law of the State of California, without giving effect to its rules of conflict of laws. If you are a resident or business located in the State of California, the following applies to you: If either you or Alarm.com commences a lawsuit for a dispute arising under or related to these Alarm.com Terms or in anyway relating to the Alarm.com Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure section 638 et seq. and 641 through 645.1 or any successor statutes thereto.
A10. If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstances shall be held invalid, illegal, or unenforceable in any respect, such in validity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
Because of the extreme shortage of certain products and the high demand of certain items, we cannot guarantee that all products are in stock at the time of purchase. All orders are subject to delays and we encourage all customers to call regarding the availability of individual items, especially if the products are needed to be expedited.