Terms of Service

Overview

This website is operated by harbor shop. Throughout the site, the terms "we", "us" and "our" refer to harbor shop. harbor shop offers this website (shop.helloharbor.com and helloharbor.com, referred to as the "site"), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store (shop.helloharbor.com) is hosted on Shopify Inc and our main website (helloharbor.com) is hosted on Webflow. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools through our Services, website, and/or software applications including access to ADT LLC's ("ADT") monitoring services.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.

Any use by you of optional tools, including the ADT Services, offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). By entering into these Terms of Service you agree to ADT's Mobile Monitoring Terms included below, and consent to us sending your information to the ADT as part of the Services and the ADT Services.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall harbor shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless harbor shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at team@helloharbor.com.

Mobile Monitoring Terms

25MP Corp. d/b/a harbor ("Harbor") may use one or more third-party service providers to provide monitoring, communications, signal transmission services or other services. To the extent permitted by law, the limitations of liability and dispute resolution terms and conditions set forth in these Mobile Monitoring Terms ("Agreement") shall apply to the services provided by third-party service providers in connection with this Agreement, and shall apply to them and protect such third-party service provider in the same manner as it applies to and protects Harbor, including ADT LLC, which provides monitoring services (the "ADT Services").

IMPORTANT - BY USING THE ADT SERVICES, INCLUDING USE THROUGH A THIRD-PARTY APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE TERMS OF THIS AGREEMENT MAY CHANGE FROM TIME TO TIME, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. BY ACCEPTING THIS AGREEMENT AND CONTINUING TO USE THE ADT SERVICES YOU ARE ACCEPTING THIS AGREEMENT, AND ANY UPDATES AND CHANGES TO THIS AGREEMENT. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT LIMITS YOUR LEGAL RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT PROCEED ANY FURTHER WITH REGISTRATION FOR THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THIS AGREEMENT IS TO CEASE USING THE SERVICES.

1. Signal Response

Upon receipt of an alarm signal ("Signal") from you at ADT's central monitoring center, ADT may, at its sole discretion, attempt to contact you and/ or anyone on your emergency contact list (if applicable) using the data provided by Harbor, to confirm that the Signal requires action and is not a false alarm. If ADT does not contact you and/or someone on your emergency contact list (if applicable), or if ADT questions the response it receives upon such contact, then ADT will attempt to notify the appropriate police department, medical response services or fire department if authorized by you and not otherwise prohibited by law.  You agree that the very nature of Signal response, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold ADT responsible or liable; and that the actual time required for first responders to arrive at your premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of ADT's control. The person(s) identified on your emergency contact list (if applicable) are authorized to act on your behalf. Local laws, ordinances or policies may restrict ADT's ability to provide the Signal monitoring and response services described herein. ADT employs a number of industry-recognized measures to help reduce occurrences of false alarms. These measures include, but are not limited to, various procedures at ADT's central monitoring center to determine when and how to respond, if at all, to certain Signals. You consent to ADT's use of these measures.  Upon receiving notification that a Signal has been received by ADT from you, the police department, fire department or other responding authority may forcibly enter your premises or the premises from which your signal originates.

2. Limitations on ADT's and Harbor's Liability

(a)

NO WARRANTIES. YOU AGREE THAT ADT AND HARBOR MAKE NO GUARANTEE OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR DEVICE(S) OR TO THE ADT SERVICES OR HARBOR SERVICES. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS SET FORTH IN SECTION 2(d) (EXCLUSIVE REMEDY) BELOW. SOME STATES MAY NOT ALLOW THE PARTIES TO A CONTRACT TO LIMIT THE LENGTH OF AN IMPLIED WARRANTY. THE LAWS OF THE STATE WHERE YOU RESIDE WILL DETERMINE WHETHER THESE LIMITATIONS AND EXCLUSIONS APPLY.

(b)

INSURANCE; WAIVER OF SUBROGATION. YOU AGREE THAT ADT AND HARBOR ARE NOT AN INSURER AND THAT ADT AND HARBOR ARE NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS YOU MAY PAY HARBOR, ADT, OR A THIRD PARTY FOR USE OF THE SERVICES ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR LIFE, PROPERTY, ANYONE ELSE'S LIFE OR PROPERTY IN YOUR CUSTODY OR LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS OF THE AFFOREMENTIONED. INSTEAD, THE AMOUNTS YOU MAY PAY ARE BASED SOLELY UPON THE VALUE SERVICES ADT PROVIDES AND UPON THE LIMITED LIABILITY ADT ASSUMES UNDER THIS AGREEMENT. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS OF YOUR LIFE, PROPERTY, ANYONE ELSE'S LIFE OR PROPERTY, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO ADT TO COMPENSATE YOU OR ANYONE ELSE FOR SUCH EVENT OR LOSS. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST ADT ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY ARISING OF THIS AGREEMENT.

(c)

NO GUARANTEE; NO LIABILITY. YOUR DEVICE(S), EQUIPMENT, ADT'S SERVICES, HARBOR'S SERVICES, AND/OR YOUR USE OF ADT'S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT OR FOR WHICH NOTIFICATION IS PROVIDED, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, TORTS, ROBBERIES, ASSAULT, OTHER CRIMINAL ACTIVITY, AND MEDICAL PROBLEMS. ADT AND HARBOR MAKE NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT YOUR DEVICE(S), ADT'S SERVICES, HARBOR'S SERVICES AND/OR YOUR USE OF ADT'S SERVICES OR HARBOR'S SERVICES WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ADT AND HARBOR DO NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT ADT NOR HARBOR. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST ADT, HARBOR OR THEIR THIRD PARTY PROVIDERS FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO THE YOUR DEVICE(S) OR THE ADT SERVICES OR HARBOR SERVICES.

(d)

EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY ADT OR HARBOR TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD ADT OR HARBOR LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2 (LIMITATIONS ON ADT'S AND HARBOR'S LIABILITY), ADT OR HARBOR IS FOUND LIABLE FOR LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE ADT SERVICES, HARBOR SERVICES AND/OR YOUR DEVICE(S), ADT'S AND HARBOR'S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO 10% OF ANY AMOUNTS YOU MAY PAY FOR USE OF THE ADT SERVICES OVER LAST THE TWELVE MONTHS OR $500, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS YOUR SOLE REMEDY. UPON YOUR REQUEST, ADT MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS SECTION 2 BY ATTACHING AN AMENDMENT TO THIS AGREEMENT SETTING FORTH THE EXTENT OF ADT'S LIABILITY AND THE ADDITIONAL CHARGES TO YOU.

(e)

APPLIES IN ALL CASES. THE PROVISIONS OF THIS SECTION 2 (LIMITATIONS ON ADT’S AND HARBOR'S LIABILITY) APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY ADT OR HARBOR OF THEIR OBLIGATIONS OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ADT, HARBOR, THEIR AGENTS OR EMPLOYEES.

(f)

INDEMNITY BY YOU. IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST ADT OR HARBOR IN ANY WAY RELATED TO (1) YOUR DEVICE(S), EQUIPMENT, THE ADT SERVICES, OR HARBOR SERVICES PROVIDED TO YOU, OR (2) ANY INACCURACIES IN ANY PERSONAL INFORMATION, INCLUDING ANY CONTACT INFORMATION, PROVIDED TO ADT OR HARBOR IN ORDER FOR ADT OR ITS REPRESENTATIVE TO COMMUNICATE WITH YOU FOR ANY REASON (INCLUDING BUT NOT LIMITED TO IN REGARD TO THE ADT SERVICE), YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS' FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST ADT OR HARBOR AND REGARDLESS WHETHER ADT OR HARBOR HAS BEEN FOUND LIABLE OR WHETHER ADT HAS INCURRED ANY EXPENSE.

(g)

TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT AFTER THE SHORTER OF (1) ONE YEAR AFTER THE DATE OF THE LOSS, OR (2) THE SHORTEST TIME ALLOWED BY APPLICABLE LAW.

(h)

BENEFIT TO OTHERS. THE PROVISIONS OF THIS SECTION 2 (LIMITATIONS ON ADT'S AND HARBOR'S LIABILITY) AND SECTION 3 (REQUIREMENTS FOR RESOLVING DISPUTES) SHALL APPLY TO AND BENEFIT ADT, HARBOR AND THEIR AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS, THIRD PARTY PROVIDERS OF YOUR DEVICE(S), AND ALL OTHER PARTNERS USED BY ADT IN PROVIDING THE SERVICES TO YOU.

3. Requirements for Resolving Disputes

(a)

Binding Arbitration. ADT AND YOU AGREE THAT ANY AND ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE GOVERNED BY BINDING ARBITRATION AS SET FORTH IN THIS SECTION 3 (REQUIREMENTS FOR RESOLVING DISPUTES). Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court.

(b)

Small Claims Court Allowed. ADT agrees not to elect arbitration if you file a Dispute in a small claims court in your state of residency so long as the Dispute is individual and non-representative in nature and remains exclusively as such in small claims court.

(c)

Advanced Notice Requirement. Before initiating an arbitration or a small claims matter, you and ADT agree to first provide to the other a written "Notice of Dispute" that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to ADT should be sent to: Litigation Department, ADT Security Services, 1501 Yamato Road, Boca Raton, FL 33431. ADT will mail a Notice of Dispute to the current address on your Account.

(d)

Rules for Proceeding. You and ADT agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, ADT or you may commence an arbitration proceeding or small claims action.

(e)

Initiation of Arbitration Proceeding. If either you or ADT elects to arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the national arbitration organization to which the Dispute is referred. ADT or you may refer a Dispute to either the American Arbitration Association ("AAA") or the Judicial Arbitration and Mediation Services ("JAMS"). If ADT elects arbitration and chooses one of the organizations to administer, you may object and automatically have the other organization administer the proceedings simply by notifying ADT of your objection in writing within 30 days of your receipt of ADT's initial selection. To obtain a copy of the procedures, or to file a Dispute, you may contact the organizations at the following: (1) AAA, 335 Madison Avenue, New York, NY 10017, www.adr.org, and (2) JAMS, 1920 Main Street, Suite 300, Los Angeles, CA 92614, www.jamsadr.com.

(f)

Law Governing Disputes. Because your transaction(s) with ADT involves interstate commerce, this Arbitration Agreement and any Dispute arbitrated hereunder shall be governed by the Federal Arbitration Act ("FAA"). The JAMS or AAA code of procedures, as chosen, will govern the arbitration, but if there is a conflict between the applicable code of procedures and this Arbitration Agreement, this Arbitration Agreement shall control to the fullest extent permitted by the FAA. Unless otherwise agreed to by you and ADT, the arbitration will be conducted by a single, neutral arbitrator at a location within the federal judicial district in which you reside. Upon your request, ADT will reimburse you for all filing and administrative fees required for initiating the arbitration. Otherwise, each party is responsible for its own respective costs and fees, including, but not limited to, attorney and expert fees. The arbitrator shall apply applicable substantive law and, upon the request of either you or ADT, issue a written explanation of the basis for the decision.

(g)

Waiver of Litigation. IF EITHER YOU OR ADT ELECTS TO ARBITRATE A DISPUTE, YOU AND ADT WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, YOU AND ADT MAY ALSO WAIVE OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER ADT OR YOU ELECTS TO ARBITRATE A DISPUTE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration will be arbitrated on an individual basis, between ADT and you only, without exception. A Dispute cannot be joined or consolidated with any other claim or action.

(h)

Arbitration is Final. Judgment on the arbitration award may be entered in any court having proper jurisdiction. EXCEPT AS FOLLOWS, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. ADT or you may appeal the arbitrator's initial award to a three-arbitrator panel administered by the same arbitration organization upon written notice within 30 days of the initial award. The arbitration organization will notify the other party of the appeal. The panel shall consider any aspect of the initial award objected to by the appealing party and issue a decision within 120 days of the date of the notice of appeal. The majority decision by the three-member panel shall be final and binding. Any dispute regarding the applicability, enforcement or interpretation of Section 2 (LIMITATIONS OF ADT'S LIABILITY) or this Section 3 (REQUIREMENTS FOR RESOLVING DISPUTES) shall be resolved by a court having proper jurisdiction. This Arbitration Agreement will not prevent you from bringing a Dispute to the attention of any federal, state, or local government agency. This Arbitration Agreement shall survive termination of this Agreement.

Last Updated January 27, 2021

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