Please read these Terms of Use (“Terms”) carefully before using this web site.
This web site (“Site”) is provided by American Alarms a division of American Electrical Sales Corporation (“American Alarms”) and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the Terms set forth herein. If you do not agree to abide by these Terms, please do not use or view the Site or download materials from the Site.
Upon our belief that your conduct fails to conform to these Terms, American Alarms, in its sole discretion and without notice, reserves the right to block your access to this Site, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.
Limited License
Subject to the Terms set forth herein, American Alarms grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. American Alarms may revoke this right at any time, with or without notice, for any reason or for no reason. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
American Alarms authorizes you to view and download the information (“Materials”) at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials but only permission to use under the provisions of this Terms of Use and is subject to the following restrictions:
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time without notice, and that you are obligated to review the Terms before any use of the Site. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, American Alarms does not grant any express or implied right to you of any patents, trademarks, copyrights or trade secret information.
Copyrights
All content in the Site (“Content”) is subject to copyright protection and it is either owned or used with permission by American Alarms. American Alarms disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with American Alarms.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, and non-networked viewable use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this Terms of Use agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right, law or statute.
American Alarms respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Site, please send American Alarms a written notice that includes all of the following:
American Alarms will only receive DMCA notices by mail, at the address below:
American Alarms, 1439 Delaware Avenue, Des Moines, Iowa, 50317
American Alarms may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and American Alarms may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. The administrator or owner of an affected site that is the subject of a DMCA Copyright Infringement Notice or the provider of any affected content may make a counter notification pursuant to Section 512 of the Digital Millennium Copyright Act, and after receipt of such has counter notification, American Alarms may reinstate the material or link in question.
Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by American Alarms, or its subsidiaries, affiliates, parent companies, and others (collectively “Trademarks”). All Trademarks not owned by American Alarms are the property of their respective owners, and are used with permission or allowed under applicable laws. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark. You are on notice that any misuse of the Trademarks is strictly prohibited and American Alarms will aggressively enforce its intellectual property rights to the fullest extent of the law, including pursuit of criminal prosecution wherever necessary.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AMERICAN ALARMS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AMERICAN ALARMS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AMERICAN ALARMS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, RELIABITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS. COMPLETENESS NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. AMERICAN ALARMS ASSUMES NO RESPONSIBILTY AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, OR DOWNLOADING ANY INFORMATION FROM THIS SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, American Alarms may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. American Alarms makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that American Alarms or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of American Alarms or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by American Alarms, except that American Alarms consents to links in which:
American Alarms reserves the right to immediately, without prior notice, revoke this consent to link to the Site at any time in its sole discretion.
Information Provided By You
Any personally identifiable information you may provide to American Alarms via this Site is protected by the Privacy Policy associated with this Site. American Alarms does not want you to, and you should not, send any confidential or proprietary information to American Alarms via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to American Alarms will not be considered confidential or proprietary. By providing any such information or materials to American Alarms, you grant to American Alarms an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that American Alarms is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to American Alarms. You further recognize that American Alarms does not want you to, and you warrant that you shall not, provide any information or materials to American Alarms that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Review of Communications
American Alarms reserves the right, but has no obligation, to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive, objectionable or otherwise unacceptable to American Alarms at its sole discretion.
Indemnity and Limitations of Damages
You shall indemnify and hold harmless American Alarms, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding or settling, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.
IN NO EVENT SHALL AMERICAN ALARMS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AMERICAN ALARMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
American Alarms reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, without notice. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.
American Alarms may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. American Alarms may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability. American Alarms may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is operated and administered from within the United States of America. If you access this Site from a location outside of the United States, you are responsible for compliance with all your local laws. These Terms and Conditions of use shall be governed by the laws of the State of Iowa, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Iowa, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Entire Agreement and Causes of Action
These Terms constitute the entire agreement between American Alarms and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.