Website Terms and Conditions

Constant Companion Terms and Conditions

 

These Constant Companion Website Terms and Conditions of Use (the “Terms”) govern your use any websites that are owned or operated by Constant Companion, and which contain a link to the Terms (collectively, and together with all services available through such websites, the “Site”). By accessing the Site, you agree to be bound by the Terms.  If you do not agree to the Terms, please exit the Site immediately and do not access any of the associated pages or materials.  Please consult the Constant Companion Online Privacy Policy for a description of our privacy practices and policies on the Site.

Constant Companion owns and/or operates the Site, and we reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Site or the Terms, whether in whole or in part, at any time and for any reason.  Changes to the Terms will be effective when posted.  You agree to review the Terms periodically to be aware of any changes.  Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes.

PERMITTED USE
You agree that you are authorized to visit, view and use the information on the Site for business and informational purposes only.  You are prohibited from duplicating, downloading, publishing, modifying or otherwise distributing, in whole or in part, any content and materials on the Site (including, without limitation, any text and images resident on the Site) without Constant Companion’s express written permission.  All pages and any material contained on the Site are the property of Constant Companion, or are owned by a third party and are used by Constant Companion under license, and are protected by U.S. and international copyright and other intellectual property laws.

LIMITED LICENSE
Constant Companion grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions contained in these Terms.  Constant Companion may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time.  We may also impose limits on certain services or restrict access to all or certain portions of the Site, without notice or liability. Constant Companion does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site or any of its contents (including software) in whole or in part. You agree to not disrupt, interrupt or attempt to interrupt the operation of the Site in anyway, including, without limitation, changing or deleting any proprietary notice from any materials downloaded from the Site.

VIOLATIONS OF THE TERMS
You understand and agree that Constant Companion may, in its sole discretion, with or without prior notice, terminate your access to the Site and/or exercise any other available remedy if we determine that you have violated (i) any provision of the Terms; (ii) Constant Companion’s rights; (iii) the rights of third parties or (iv) any applicable laws or regulations. You acknowledge and agree that monetary damages may not adequately compensate Constant Companion for your non-compliance with the Terms, and you therefore consent to injunctive or other equitable relief in the case of such violations.  You further agree that Constant Companion may release certain information about you if we are required to do so by applicable laws or a valid subpoena.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Constant Companion, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates the Terms, any applicable law or regulation, or the rights of any third party.

LIMITATION OF LIABILITY
IN NO EVENT SHALL CONSTANT COMPANION OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS 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 ADT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

LINKING TO THE SITE
LINKING TO THE ADT SITE INDICATES THAT YOU ACCEPT CONSTANT COMPANION’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.
By linking to the Site, you agree that you will not:

  • Replicate any of the Site’s content;
  • Frame or otherwise create a browser or border environment around the Site’s content;
  • State or imply that Constant Companion is endorsing you, your company or business, your website or its contents, your products or your services;
  • Misrepresent your or your website’s relationship with Constant Companion;
  • Present false, misleading or inaccurate information about Constant Companion, our products or services, any of our affiliates or any of our affiliates’ products or services;
  • Use Constant Companion’s trademarks, logos or copyrighted materials without obtaining express prior written authorization from Constant Companion;
  • Include content on your website that is or could reasonably be construed as illegal, distasteful, offensive or controversial (i.e., you agree that all content on your website is appropriate for all age groups); or
  • Link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this Site on another website, without obtaining express prior written authorization from Constant Companion.

 

DISCLAIMER OF WARRANTIES
CONSTANT COMPANION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CONSTANT COMPANION 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. ADT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CONSTANT COMPANION 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” AND ADT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND ADT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD-PARTY WEBSITES
Please note that the Site may contain links to third-party websites not owned or operated by Constant Companion.  We make no representations or warranties whatsoever about any other website, or the contents thereof, that you may access through the Site.  When you access a third-party website, please understand that you are doing so at your own risk and that it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Constant Companion has no control over such third-party websites, and therefore is not responsible for their contents.  Any links to third-party websites are provided to you for your convenience only, and the inclusion of such links does not mean that Constant Companion endorses or accepts any responsibility for the content, or the use, of the linked website.  Including these links does not imply that Constant Companion 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 third-party website is authorized to use any trademark, trade name, logo or copyright symbol of Constant Companion or any of its affiliates or subsidiaries.

GOVERNING LAW
This Site is operated and administered from within the United States of America (“U.S.”). Use of this Site shall be governed by all applicable Federal laws of the U.S. and the laws of the State of Florida, without giving effect to its conflict of law’s provisions. In the event of any dispute or claim relating to the Site and/or the Terms, you agree to the resolution of such dispute in the state or Federal courts located in the State of Florida, in accordance with Florida law.  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.

MISCELLANEOUS
Constant Companion reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice.  In the event that any provision of the Terms are found by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so as to effect the intent of the Terms, and all remaining provisions shall otherwise remain in full force and effect.  The Terms constitute the entire agreement between Constant Companion and you pertaining to the subject matter hereof.  In its sole discretion, Constant Companion may revise these Terms from time-to-time by posting an updated version of the Terms to the Site.  You should, therefore, periodically visit the Site to review the current version of the Terms in effect, so that you are aware of any such revisions to which you are bound.

TRADEMARK, COPYRIGHT AND PROPRIETARY INFORMATION NOTICE
The trademarks, trade names, logos, service marks, trade dress and product configurations and packaging displayed on this, and related, web sites operated by Constant Companion and its affiliates are registered and unregistered trademarks unless otherwise indicated.All of the content on the pages of the Constant Companion Web Sites, the manner of displaying the pages, and all of the materials downloadable therefrom are copyright-protected intellectual property owned by, or licensed to, Constant Companion and/or its affiliates; and may only be used for personal, informational, non-commercial purposes.  The content and materials contained in the Constant Companion Web Sites may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of Constant Companion.  In particular, any materials contained on the Constant Companion Web Sites that are marked as, or otherwise appear to be, Constant Companion proprietary and/or trade secret information may not be copied or distributed in whole or in part in any form without the prior written consent of Constant Companion.

The trademarks, content, and other materials on the Constant Companion Web Sites are protected by the intellectual property laws of the U.S. and other countries.  Constant Companion will fully protect its intellectual property rights of the law, including the seeking of criminal prosecution where warranted.

SOCIAL SECURITY NUMBERS
Constant Companion complies with its legal obligations regarding the use and disclosure of Social Security numbers. Constant Companion also takes commercially reasonable steps to minimize the use of Social Security numbers, as well as to reduce the chances of unauthorized disclosure of Social Security numbers.

 

Unavailability of Services; Termination; Fraud. We may alter, suspend, or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

 

Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Constant Companion with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Constant Companion with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Constant Companion to act with respect to a breach by you or others does not waive Constant Companion’s right to act with respect to subsequent or similar breaches. Constant Companion’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Constant Companion without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

That for the considerations and covenants hereinafter specified, the parties hereto, their heirs, successors and assigns do mutually covenant and agree as follows:

  1. The Company agrees to furnish and preprogram to Customer a Constant Companion System (System) here in after defined, and to monitor and /or provide check in calls on the terms and conditions herein provided. The parties hereto agree and understand that all equipment shall remain the personal property of the Company.
  2. The monthly monitoring contract will automatically renew unless either party gives written notice of its intent to cancel. Canceled account equipment is returned to Constant Companion once a prepaid return label is furnished to the Customer.  Failure to return a system will result in a charge of $500 to pay for the equipment.
  3. If you have our Constant Companion System, monitoring service and / or check in calls will not begin and Company and the Urgent Response Center will have no obligation to notify emergency personnel or other persons identified as emergency contacts until (1) Company has received the customer’s emergency contact information and (2) you have called to activate the system and white glove testing of a call for help has been completed.. Please note you must have adequate AT&T cellular coverage in the area where system is being used. You are responsible for testing your mobile device everywhere you go.
  4. Customer understands that any changes in address or contact information is their responsibility to communicate to Constant Companion to update the emergency contact information to ensure timely and correct response to a live call for help.
  5. NO WARRANTY OR REPRESENTATION: THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE SYSTEM WILL PREVENT PERSONAL INJURY, LOSS OF LIFE OR PROPERTY, OR DAMAGE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SUBSCRIBER HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY. THE SUBSCRIBER ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE COMPANY OR ITS AGENTS, SERVANTS OR EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS INCLUDED IN THE AGREEMENT IN WRITING.
  6. SUBSCRIBER AGREES AND UNDERSTANDS: THAT COMPANY IS NOT AN INSURER AND THAT INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES SHALL BE OBTAINED BY THE SUBSCRIBER; THAT COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR PURPOSE; THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS AND THAT THE AMOUNTS BEING CHARGED BY COMPANY ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT COMPANY IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE EQUIPMENT, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SYSTEM OR ANY CENTRAL STATION; THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF THE COMPANY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, OR RESULTS FROM THE REMOTE PROGRAMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF THE SYSTEM, EQUIPMENT OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY AND/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR DISTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250.00, AND THIS LIABILITY SHALL BE EXCLUSIVE. IN THE EVENT THAT THE SUBSCRIBER WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUBSCRIBER MAY, AS A MATTER OR RIGHT, OBTAIN FROM COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY AS AN INSURER.

 

  1. Subscriber agrees to indemnify, defend, waive jury trial and hold harmless Company from and against all claims, demands, liabilities, damages, losses, expenses, including attorney fees and lawsuits which may be asserted against or incurred by Company by or due to any person(s) not a party to this Agreement, including Subscriber’s insurance or bonding company, for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording of communications, operation or non-operation of the equipment, System or central station facilities, whether due to the sole, joint or several negligence (including gross negligence) of Company or its agents, servants, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity
  2. Demonstration kits are provided to market and sell Constant Companion services. These demonstration kits remain the property of Constant Companion.  Occasionally, Constant Companion will update the software and hardware of kits and may at any time recall and / or replace them for updated units. Customers understand that demonstration kits are not for real emergency contact services and cannot be used in place of a live programed and designed home kit.