Abode Terms of Service
ABODE SYSTEMS TERMS AND CONDITIONS
updated September 6 2023
- These terms and conditions (“TERMS”) for Abode Products and Services contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
- These TERMS require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
- These TERMS apply to the website(s) goabode.com and such other mobile applications, websites, domains and sub-domains and the related services, Products (as defined below), however accessed and/or used, whether via personal computers, mobile products, security products made by us or third parties or otherwise, as well as mobile applications, interactive features and downloads that the Company owns, operates, and makes available through its websites and mobile applications (collectively, the “Sites”).
- You may not order or obtain products or services from this website if you (a) do not agree to these TERMS, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with ABODE SYSTEMS, INC., or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.
In addition to your access to the Sites, these TERMS govern your use of and access to content, including, without limitation, any information, text, software, scripts, graphics, photographs, audio and/or visual materials (individually or in combination), features and other materials uploaded, downloaded or appearing on or available through the Sites (collectively, “Content”).
All capitalized TERMS used but not defined in these TERMS shall have the meanings set forth in the ABODE Policies.
“Account” means your online user account established with ABODE and used in connection with the Software to purchase, enable, manage, and access the Services, your Products, and information about the Services and your Products.
“ABODE” means ABODE SYSTEMS, INC. and its successors, affiliates, and assigns.
“Personal Information” means any identifying information you provide to ABODE through the Software or may provide to ABODE from time to time including, but not limited to, your or a third party’s personal contact information (name, address, phone number, etc.), Product information, Emergency Contact List, and any information you provide to us during the Services arising from an Alarm.
“Products” means the ABODE security products including without limitation sensors, cameras, smoke alarms, lighting bulbs, power switches and other security products and any ABODE approved third-party hardware that may be used in connection with the Services.
“Services” means each of the ABODE monitoring services you purchased under the ABODE Service Agreement.
“Software" means the software provided by ABODE and used in connection with the Products and Services together with any materials, information, services available therein, and successor application(s) thereto.
“TERMS” means these ABODE TERMS of Service, including any changes and amendments thereto which may occur from time to time.
“Us, “we”, or “our” means ABODE.
“You” or “your” means any person or entity who accesses or uses the Services through the Software.
2. Ordering, Shipping, Delivery and Pricing
We may make available the ability to purchase or otherwise obtain certain Products and Services through our Sites (a “Transaction”). You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products and/or Services will be used only in a lawful manner.
We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
ABODE reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product or Service; to impose conditions on the acceptance of any coupon, discount or similar promotion; to bar any user from making any Transaction; to change the pricing of any Product or Service with respect to new purchases of Products and new or renewals of Services, and to refuse to provide any user with any Product or Service. Refunds and exchanges will be subject to ABODE’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Software, at the prices in effect when such charges are incurred, including all applicable taxes. While it is our practice to confirm orders by e-mail or other electronics means, the receipt of an electronic order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service.
**3. Handling of your data and submission of personal information. **
Material Provided to the Company
If you submit any materials, feedback, your original content, or other communications (collectively, “Submission”) to the Sites or to the Company, you grant the Company and its designees and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, prepare derivative works from and reformat your Submission, and publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission that you provide and the Company may remove any Submission at any time in its sole discretion. If the Company does post or use any Submission, the Company may remove, modify or cease to use such Submission at any time in the Company's sole discretion.
Storage of Your Content
We may from time to time in our sole discretion offer different storage plans to retain copies of Content captured by Products and other equipment through the use of the Sites. We reserve the right to change these plans at any time. We cannot guarantee that your content will be stored, backed up or retrievable if you have not selected a plan to store your Content. The foregoing is subject to the warranty disclaimer and limitation of liability below with respect to loss of data.
Account, Password, and Security
When you register on the Sites, you will create a password to access certain materials. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for losses incurred by the Company or a third party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder and the Company. By creating an account, you agree that you will provide only true and correct information to us about yourself and that you will not create an account for or on behalf of anyone else and that you will not use any pretext or deception to create an account, not in your own name or that would appear to be the account of another person. You agree that you will not use any pretext or deception to access or attempt to access the account of any other person.
4. Data Usage Allotment
3G Plans are purchased with a data usage allotment of 1 MB per month for a specified period of time as defined herein. The specified period of time begins immediately upon plan activation for one (1) year whether or not you are using the monitoring service. Data usage allotment, in this case 1 MB, renews monthly until the end of the specified period of one (1) year. If you purchase a 3G Plan and you use all of your allotment for the month prior to the automatic allotment renewal beginning at the start of the next month, your access to 3G Cellular-Back up may experience service interruptions and may be suspended temporarily without notice for the remainder of the month. Abode’s obligations under this agreement are waived automatically without notice and Abode is released from for all losses incurred. Any overage incurred during this period will be billed based on the location of your gateway and the prevailing current rates.
4G LTE Plans
4G LTE Plans are purchased with a data usage allotment of 5 MB per month for a specified period of time as defined herein. The specified period of time begins immediately upon plan activation for one (1) year whether or not you are using the monitoring service. Data usage allotment, in this case 5 MB, renews monthly until the end of the specified period of one (1) year. If you purchase a 4G LTE Plan and you use all of your allotment for the month prior to the automatic allotment renewal beginning at the start of the next month, your access to 4G LTE Cellular-Backup may experience service interruptions and may be suspended temporarily without notice for the remainder of the month. Abode’s obligations under this agreement are waived automatically without notice and Abode is released from for all losses incurred. Any overage incurred during this period will be billed based on the location of your gateway and the prevailing current rates.
5. DIY Products
You acknowledge that the Products are a do-it-yourself installation and the Company has no way to verify that the Products are properly installed prior to any incident. In the event you choose to self-monitor on the Sites or forgo monitoring of any kind, you agree that you assume full responsibility for any damages caused by your failure to monitor the Sites. If you choose to hire a monitoring service, you agree to be bound by all conditions that apply to professional monitoring customers.
You understand that the Product may not be connected to the electrical system of your premises and could require batteries to operate. THE PRODUCT WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND IF THE BATTERIES ARE LOW OR DEAD OR, IF APPLICABLE, IT IS NOT CONNECTED TO A POWER SOURCE. It is your sole responsibility to maintain and replace the Product's batteries and ensure it is connected to a power source. The Company recommends that you regularly inspect the sensors for dirt and dust and test the sensors frequently to help maintain continued operation.
You agree to pay all construction/alarm use permit fees, all directly or indirectly imposed false alarm fines, fees or charges, all telephone or signal transmission company charges, and all other assessments, fees and charges related to the alarm system. You also agree to file any legally required notice to the fire department, police or other first responders.
6. ABODE Proprietary Rights
The Software is licensed and not sold to end users (you). Subject to your compliance with this Agreement, and solely for so long as you are permitted by ABODE to use the Software, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access, use, and/or install the Software on a mobile device or computer that you own or control. If you fail to comply with any of the TERMS or conditions of this Agreement, you must immediately cease using the Software and remove (that is, uninstall and delete) the Software from your mobile device. This license does not include any derivative use of the Sites or Content or any use of data mining, robots, or similar data gathering and extraction tools.
Our trade names, trademarks and service marks include ABODE and any associated logos. All trade names, trademarks, service marks, and logos on the Software not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Software should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
You acknowledge that the Sites, Software and your Account contain our proprietary trade secrets and you hereby agree to maintain the confidentiality of the Software, Sites and your Account using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
7. Third Party Materials; Links.
Certain Software functionality may make available access to materials made available by third parties, including their Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by ABODE with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Software at any time. In addition, the availability of any Third Party Materials through the Software does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
8. Rules of Content and Conduct
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your device for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Use the Sites for any purpose that is unlawful, violates the rights of any third party or is otherwise prohibited by these TERMS.
- Use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party's use and enjoyment of the Sites.
You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
You hereby agree to supervise usage by and be responsible for the actions of, any minors who use your computer or mobile device and/or account(s) to ensure compliance herewith. The use by any minor of the Sites from your computer or mobile device and/or account(s) constitutes your agreement to these TERMS.
We reserve the right, in our sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites who violates any provision of these TERMS. You expressly understand and agree that violation of the above may result in termination of your access and/or account without refund of any fees or other amounts paid by you to the Company or others.
9. Disclaimer of Warranties and Limitation of Liability
ABODE PROVIDES ITS PRODUCTS AND SOFTWARE “AS IS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. ABODE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THE WARRANTY SERVICES HEREIN DESCRIBED ARE CONTINGENT UPON PROPER USE OF THE PRODUCTS AND DO NOT COVER PRODUCTS WHICH HAVE BEEN MODIFIED WITHOUT ABODE'S WRITTEN APPROVAL OR WHICH HAVE BEEN SUBJECTED TO UNUSUAL PHYSICAL OR ELECTRICAL STRESS OR ON WHICH THE ORIGINAL IDENTIFICATION MARKS HAVE BEEN REMOVED OR ALTERED.
WHILE WE TRY TO MAINTAIN THE TIMELINESS, INTEGRITY, AND SECURITY OF THE SOFTWARE, WE DO NOT GUARANTEE THAT THE SOFTWARE IS OR WILL REMAIN UPDATED, COMPLETE, CORRECT, SECURE, THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, THAT YOU WILL RECEIVE EMAIL, TEXT MESSAGE, OR OTHER COMMUNICATIONS DELIVERED THROUGH THE SOFTWARE OR THAT THE SOFTWARE WILL TIMELY OR SUCCESSFULLY CONNECT YOU TO ANY POLICE, FIRE DEPARTMENT, PARAMEDICS OR OTHER EMERGENCY RESPONSE ORGANIZATION. THE SOFTWARE MAY INCLUDE INACCURACIES, ERRORS, AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABODE MAKES NO WARRANTY OR GUARANTY THAT THE SOFTWARE OR SERVICES ASSOCIATED WITH THE PRODUCTS WILL DETECT OR AVERT ASSAULTS, ROBBERIES, MEDICAL PROBLEMS, BURGLARIES, FIRES OR OTHER DAMAGE TO PROPERTY OR PERSONS. ABODE DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY, DAMAGE OR LOSS. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH ABODE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.
COMPANY IS NOT AN ISSUER; LIMITATION OF LIABILITY: YOU UNDERSTAND AND AGREE THAT: (A) COMPANY OR THE CENTRAL STATION MONITORING PROVIDER IS NOT AN INSURER OF YOUR PREMISES, PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN YOUR PREMISES; (B) YOU ARE SOLELY RESPONSIBLE TO PROVIDE ANY INSURANCE ON YOUR PREMISES AND ITS CONTENTS; (C) THE AMOUNT YOU PAY TO COMPANY IS BASED ONLY ON THE VALUE OF THE SYSTEM AND SERVICES COMPANY PROVIDES, AND NOT ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS; (D) ALARM SYSTEMS AND THE CENTRAL STATION MONITORING SERVICE MAY NOT ALWAYS OPERATE PROPERLY OR AT ALL FOR VARIOUS REASONS; (E) IT IS DIFFICULT TO DETERMINE IN ADVANCE (I) THE VALUE OF THE PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED OR (II) THE DAMAGES INCURRED RESULTING FROM OR CAUSED BY PERSONAL INJURY OR DEATH TO YOU OR ANY OTHER PERSON IF THE SYSTEM OR OUR SERVICES FAIL TO OPERATE PROPERLY OR AT ALL; (F) IT IS DIFFICULT TO DETERMINE IN ADVANCE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHER EMERGENCY PERSONNEL WOULD RESPOND TO AN ALARM SIGNAL; AND (G) IT IS DIFFICULT TO DETERMINE IN ADVANCE WHAT PORTION, IF ANY, OF THE PROPERTY LOSS, PERSONAL INJURY OR DEATH WOULD BE PROXIMATELY CAUSED BY OUR FAILURE TO PERFORM, OUR NEGLIGENCE, OR A FAILURE OF THE SYSTEM OR THE SERVICES PROVIDED HEREIN. THEREFORE, YOU AGREE: EVEN IF A COURT DECIDED THAT COMPANY’S BREACH OF THIS AGREEMENT, A FAILURE OF THE SYSTEM, OUR NEGLIGENCE, OUR ACTION OR INACTION, OR A FAILURE OF THE MONITORING OR REPAIR SERVICE CAUSED, CONTRIBUTED TO OR ALLOWED ANY HARM OR DAMAGE (WHETHER PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) TO YOU OR ANYONE IN YOUR PREMISES, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO, FIVE HUNDRED DOLLARS ($500) OR 6 MONTHS OF SERVICE FEES, WHICHEVER IS HIGHER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT COMPANY WAS LIABLE FOR THE INJURY OR LOSS.
THESE LIMITATIONS OF LIABILITY EXTEND TO ALL CLAIMS WHETHER OR NOT CLAIMED OR SUSPECTED AND CONSTITUTE A WAIVER OF EACH AND ALL THE PROVISIONS OF THE CALIFORNIA CIVIL CODE, SECTION 1542 (TO THE EXTENT IT WOULD BE APPLICABLE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, UNLESS YOU VOLUNTARILY CHOOSE TO WAIVE THIS RIGHT. HAVING BEEN SO INFORMED, YOU NEVERTHELESS HEREBY VOLUNTARILY ELECT TO, AND DO, WAIVE THE RIGHTS DESCRIBED IN SECTION 1542, AND EVERY OTHER APPLICABLE SIMILAR LAW AND STATUTE (IF ANY) IN EACH OTHER APPLICABLE JURISDICTION, AND ELECT TO ASSUME ALL RISKS FOR CLAIMS THAT NOW EXIST IN YOUR FAVOR, KNOWN OR UNKNOWN, FROM THE SUBJECT OF THIS AGREEMENT.
Except to the extent prohibited by law, you agree to indemnify and hold the Company and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or Products obtained through the Sites and/or from Company.
11. Applicable Law/Agreement to Arbitrate
This Agreement will be interpreted, construed, and enforced in all respects in accordance with the internal laws of the State of California, without reference to its choice of law rules. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Los Angeles County, California in connection with any action arising out of or in connection with this Agreement. The U.N. Convention on Contracts for the International Sale of Products shall not apply to this Agreement.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be San Francisco, California, USA. The language to be used in the arbitral proceedings will be English. Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
12. Export Controls.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) on any of the U.S. government lists of restricted end users.
13. Modification of the TERMS.
We reserve the right to change this TERMS and the TERMS, conditions, and notices concerning your use of the Sites from time to time at our sole discretion. When we post changes, we will revise the “last updated” date at the top of this document. You are responsible for regularly reviewing these TERMS and any other TERMS and Conditions posted on the Sites. We will always post the date that the TERMS and/or the Additional TERMS were last revised. Your continued use of the Sites constitutes your continued agreement to all such TERMS, conditions, and notices.
14. Termination of Access.
The Company reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites, or any portion thereof, at any time without notice.
15. Severability and Waiver.
Any provision of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement. No waiver of any of the TERMS of these TERMS will be valid unless in writing and designated as such. No failure or delay in enforcing a Party's rights shall be construed as a waiver.
It is the express will of the Parties that these TERMS be prepared in English. In the event that these TERMS are translated into another language or otherwise reprinted, this English language version of these TERMS (as amended) shall govern if any inconsistencies from such translation arise.
17. Entire Agreement.
This Agreement is written in the English language which shall be the official language governing any interpretation of the Agreement.
18. Customer Service.
If you have any questions, comments, or concerns, please contact the Company's customer service department, during normal business hours Monday through Friday Central Standard time at or email at support.goabode.com.