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Audit Alarm Service Terms and Conditions

 

 

 

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Audit Alarm, Inc.


Service Terms and Conditions

 

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THESE SERVICE TERMS (AS DEFINED BELOW) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW).  BY ENTERING THESE SERVICE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH AUDIT ALARM THROUGH SMALL CLAIMS COURTS OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 17 BELOW).  The Audit Alarm Service Terms and Conditions (the "Service Terms") are a legally binding agreement between Audit Alarm, Inc and its successors and assigns.  ("Audit Alarm," "we," "our," or "us") and you ("you," "your," or "yours"), and describe the terms under which you agree to use the Audit Alarm® audit and tax problem protection, tax account monitor programs, including any tax problem and audit alerts, IRS transcript monitoring service (collectively the "Monitoring Services") and any other service or product which may be made available to you by us for which you have registered or enrolled or have been registered or enrolled by an authorized third party (collectively the "Services" and individually a "Service").  In these Service Terms, we may use the term "Member," which refers to a customer that is enrolled in one of our fee-based Services, such as Audit Alarm, the term "Monitor" shall refer to an adult that is 18 or older and is serving to monitor the Audit Alarm account of a Member of Audit Alarm Senior (AKA Audit Alarm SeniorWatch) with that Member's permission or is the parent or legal guardian who is serving to monitor the Audit Alarm account of a Member of Audit Alarm Dependent (AKA DependentWatch), and the term "User" which refers to a customer of our non-fee based Services such as serving as a Monitor for a Member of our Senior (AKA SeniorWatch) Service.  Collectively we will use the term "Customer" when referring to Members, Users, and Monitors.

Both our Privacy Policy and our Website Terms of Use, which apply to our website (our "Site") and your use of our Site, are available here and are incorporated by reference into these Service Terms.  Notwithstanding anything stated otherwise in these Service Terms, the Privacy Policy shall govern with respect to the collection, use, retention, or storage of any information or data provided by you or to which you grant Audit Alarm access.

You acknowledge and agree that you must: (a) provide for your own access to the Internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the Internet, including a computer and modem or other access devices.

By using the Sites, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk.  THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE.  SPECIFICALLY, AUDIT ALARM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  NEITHER AUDIT ALARM, INC. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CO-BRANDING PROVIDERS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH STATES, THE RESPECTIVE LIABILITY OF AUDIT ALARM, INC., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Audit Alarm, Inc. is the owner and/or authorized user of any trademark, registered trademark, and/or service mark appearing on this Site and is the copyright owner or licensee of the content and/or Information on this Site, including but not limited to any screens appearing at the Site.  You may not download, publish, transmit, reproduce, and/or save a copy of any information from the Site, including but not limited to photographs, text, graphics, or screens, except as otherwise provided in these Terms of Service, for any purpose.  However, you may print a copy of the Information on this Site for your personal use or records.  If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties.  Audit Alarm, Inc. does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on this website.

To notify us of a copyright infringement, write to us at:

Audit Alarm, Inc.
Legal Department
3961 E. Chandler Blvd #111-301
Phoenix, AZ 85048

Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  1. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. A description or identification of the copyrighted work you claim has been infringed.
  3. A description of the material that is claimed to be infringing and Information reasonably sufficient to allow us to find it.
  4. Your address, telephone number, and email address.
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement, under penalty of perjury, that the Information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Audit Alarm, Inc. reserves the right to change any information on this website, including but not limited to revising and/or deleting features or other Information, without prior notice.  Clicking on certain links within the Site may take you to other websites for which Audit Alarm, Inc. assumes no responsibility of any kind for the content, availability, or otherwise.  (See "Links from and to our websites" below.) The content presented on the Site may vary depending on your browser limitations.

User Conduct on the Site
While using the Site, you may not:

  1. Restrict or inhibit any other user from using and enjoying the Site; or
  2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Audit Alarm, Inc.) or engage in spamming or flooding; or
  4. Post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful components; or
  5. Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Site for commercial purposes (other than as expressly permitted by the Provider of such Information, software, or other material); or
  6. Upload, post, publish, transmit, reproduce, or distribute in any way Information, software, photographs, or other material obtained through the Site which is protected by copyright, or other proprietary rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
  7. Upload, post, publish, reproduce, transmit, or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.


Audit Alarm, Inc. has no obligation to monitor the Site.  However, you acknowledge and agree that Audit Alarm, Inc. has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests, to operate the Site properly, or to protect itself or its customers.  Audit Alarm, Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law.  Audit Alarm, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you email, post, or otherwise transmit through this website, including data, questions, comments, or suggestions ("your Communications"), will be treated as non-confidential and non-proprietary.  In addition, Audit Alarm, Inc. is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose, including, but not limited to, developing and marketing products using such Information without compensation to you.

User Conduct on the Site
While using the Site, you may not:

  1. Restrict or inhibit any other user from using and enjoying the Site; or
  2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Audit Alarm, Inc.) or engage in spamming or flooding; or
  4. Post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful components; or
  5. Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Site for commercial purposes (other than as expressly permitted by the Provider of such Information, software, or other material); or
  6. Upload, post, publish, transmit, reproduce, or distribute in any way, Information, software, photographs, or other material obtained through the Site which is protected by copyright, or other proprietary rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
  7. Upload, post, publish, reproduce, transmit, or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.


Audit Alarm, Inc. has no obligation to monitor the Site.  However, you acknowledge and agree that Audit Alarm, Inc. has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests, to operate the Site properly, or to protect itself or its customers.  Audit Alarm, Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law.  Audit Alarm, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms of Service.


Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that Audit Alarm, Inc. may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Audit Alarm, Inc., in its sole discretion, believes violate any of the Terms of Service, violate the rights of Audit Alarm, Inc., or is otherwise inappropriate for continued access.

Other Information
Audit Alarm, Inc. is taking reasonable and appropriate measures, including encryption, to ensure that your personal Information is disclosed only to those specified by you.  However, the Internet is an open system, and we cannot and do not guarantee that the personal Information you have entered will not be intercepted by others and decrypted.

If you wish to make purchases through the Site, you may be asked to supply certain Information, including credit card or other payment mechanism information.  You agree that all Information you provide through the Site for purposes of making purchases will be accurate, complete, and current.  You agree not to hold Audit Alarm, Inc. liable for any loss or damage of any sort incurred as a result of any such dealings through the Site.  You agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred.  You also will be responsible for paying any applicable taxes relating to purchases through the Site.

Miscellaneous
The Terms of Service and the relationship between you and Audit Alarm, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of the federal or state courts located in Sacramento, California, United States of America, over any suit, action, or proceeding arising out of these Terms of Service.


 

  1. REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SERVICE TERMS.  EXCEPT IN RELATION TO THE ENROLLMENT OF R MINOR CHILD OR FOR A MEMBER OF AUDIT ALARM SENIOR (AKA SENIORWATCH), AS DESCRIBED BELOW, YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE ENROLLING IN ANY SERVICE(S) ONLY FOR YOURSELF AND NOT ON BEHALF OF ANY OTHER INDIVIDUAL.

FURTHER, IF YOU ENROLL IN OR USE OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, THAT YOU HAVE PROVIDED US WITH YOUR VALID U.S. SOCIAL SECURITY NUMBER, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID U.S. SOCIAL SECURITY NUMBER.

FOR CERTAIN SERVICES, WE MAY ALLOW YOU TO ENROLL, OR PERMIT TO BE ENROLLED, YOUR MINOR CHILD IF YOU ARE THEIR PARENT OR LEGAL GUARDIAN.  WE MAY REQUIRE YOU TO PROVIDE, EITHER DIRECTLY OR INDIRECTLY, DOCUMENTATION TO US AS WE DEEM IT NECESSARY, IN OUR SOLE DISCRETION, TO PROVE YOUR RELATIONSHIP WITH ANY SUCH MINOR CHILD.  YOU ACKNOWLEDGE THAT THESE SERVICE TERMS WILL APPLY TO YOUR MINOR CHILD, AND YOU HEREBY EXPRESSLY ACCEPT THESE SERVICE TERMS ON BEHALF OF YOUR MINOR CHILD.

FOR CERTAIN SERVICES, AN AUTHORIZED MONITOR MAY ENTER THE ENROLLMENT INFORMATION FOR A MEMBER OF AUDIT ALARM SENIOR (AKA SENIORWATCH), PROVIDED, HOWEVER, THE AUDIT ALARM SENIOR (AKA SENIORWATCH) MEMBER IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION AND ASSURING THAT IT IS UP TO DATE.  WE MAY REQUIRE THE MONITOR OR THE AUDIT ALARM SENIOR (AKA SENIORWATCH) MEMBER TO PROVIDE, EITHER DIRECTLY OR INDIRECTLY, DOCUMENTATION TO US AS WE DEEM IT NECESSARY, IN OUR SOLE DISCRETION, TO VERIFY THE PERMISSIONS GRANTED BY THE AUDIT ALARM SENIOR (AKA SENIORWATCH) MEMBER TO THEIR MONITOR.

IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES.

UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME EMAIL OR, IF YOU DO NOT RECEIVE A WELCOME EMAIL BECAUSE YOU DO NOT HAVE AN EMAIL ADDRESS WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME KIT, YOUR ENROLLMENT WILL INCLUDE THE PROVISIONING OF ANY APPLICABLE COVERAGE.

DEPENDING ON YOUR OFFER, YOUR MEMBERSHIP MAY HAVE AN INTRODUCTORY OR SPECIAL OFFER.  AFTER THE INTRODUCTORY OFFER EXPIRES, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE APPLICABLE PRICE SET FORTH HERE (OR SUCCESSOR SITE AS DETERMINED BY AUDIT ALARM), DEPENDING ON YOUR SELECTION (E.G., ANNUAL, MONTHLY, MEMBERSHIP TIER/LEVEL, ETC.) (THE "RENEWAL PRICE") UNTIL CANCELLED BY YOU.  OUR PRICES, INCLUDING ANY RENEWAL PRICE, ARE SUBJECT TO CHANGE.  HOWEVER, WE WILL NOTIFY YOU IN ADVANCE.  PLEASE NOTE THAT FOR ALL SERVICES OR FEATURES WHICH REQUIRE AN EMAIL ADDRESS, INCLUDING BUT NOT LIMITED TO ANY ALERTS DELIVERED VIA EMAIL, YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE FOR PURPOSES OF RECEIVING SUBSCRIPTION NOTIFICATIONS, AND YOU HEREBY WAIVE YOUR TO RIGHT TO RECEIVE SUCH NOTICES IF YOU DO NOT PROVIDE A VALID EMAIL ADDRESS.

IF YOU WISH TO CANCEL OR TERMINATE YOUR SUBSCRIPTION TO THE SERVICES, PROTECTION PROGRAMS, AND/OR CREDIT SERVICES AND TRANSACT DIRECTLY WITH AUDIT ALARM, YOU MUST CALL 1-866-5- AUDIT ALARM (866-5 283-3482) OR CANCEL THROUGH THE MEMBER 1-866-5- AUDIT ALARM (866-5 283-3482) OR TERMINATE IN ANOTHER MANNER AS INSTRUCTED THROUGH THE SERVICE (SUCH AS BY DE-INSTALLING OUR APP ON YOUR MOBILE DEVICE).

IF YOU HAVE TRANSACTED FOR SERVICES VIA A THIRD PARTY (FOR EXAMPLE, YOU HAVE ENROLLED THROUGH YOUR EMPLOYER OR A AUDIT ALARM PARTNER), YOU MUST TERMINATE THE SERVICES DIRECTLY WITH THAT THIRD PARTY IN ACCORDANCE WITH THAT THIRD PARTY'S INSTRUCTIONS.  SOME EXCEPTIONS APPLY; CHECK THE TERMS OF YOUR OFFER.*

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE SERVICE TERMS.  WE MAY MODIFY, UPDATE, ADD, OR REMOVE PROVISIONS OF THESE SERVICE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR SITE.  EXCEPT AS PROVIDED BY SECTION 17(B)(E) BELOW, OR UNLESS YOU HAVE OTHERWISE AFFIRMATIVELY AGREED TO SUCH CHANGES, YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGE(S) TO THESE SERVICE TERMS.  IF YOU DO NOT AGREE WITH ANY OF THE UPDATED SERVICES TERMS, YOU MUST STOP USING THE SERVICES.

1.  Enrolling in Audit Alarm Services - Members

Depending upon the Services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, "enroll"), we may permit you to be enrolled (i) by telephone, (ii) on our Site, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to receive on our behalf or provide your Personal Information to enroll you on your behalf (collectively, the "Enrollment Process").  To enroll in and receive one or more Services, you must provide us with the complete and accurate Personal Information that we require for the applicable Services, which may include, without limitation, your name, address, telephone number, email address, date of birth, driver's license number, Social Security number, and other personal Information to verify your identity, as well as financial Information such as your credit card number (collectively, "Personal Information").  You agree to keep all Personal Information updated and accurate.  If we do not receive all the required Personal Information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf.  If we cannot obtain the necessary Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled may be limited or unavailable.  A Monitor may enter the above Information for a Member of the Audit Alarm Senior (AKA SeniorWatch); however, the Senior (AKA SeniorWatch) Member is responsible for the accuracy of the Information and assuring that it is up to date.

Upon completing the Enrollment Process and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled.

To determine which benefit/service features are included in your plan, please click here or review your offer and applicable features.

YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES.  YOU UNDERSTAND WE MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US.  YOU ACKNOWLEDGE THAT NOT ALL TRANSACTIONS MAY BE MONITORED, INCLUDING THOSE THAT MIGHT INVOLVE THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER'S INFORMATION.  THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE FROM TIME TO TIME.  YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.

2.  Enrolling in Audit Alarm's Services - Users, including Monitors for Audit Alarm Primary Members

We may make certain features and Services available to Users for no fee (the "No Fee Services"), including but not limited to those features or services we make available on or through your mobile phone or device and those we make available to Monitors of Senior (AKA SeniorWatch)'s accounts for our Audit Alarm Senior (AKA SeniorWatch) Service.  No Fee Services may include the ability to receive SMS text messages, email, push notifications, and other notifications from the Services (the "Mobile Alerts") and the ability to access the Services for which you have enrolled or registered through our mobile-enabled application (our "App").

Users of our No Fee Services are not required to enroll as a Member; however, Users may still be required to register with us and may need to provide permission for us to contact them via SMS text messages, email, push notifications, or automated telephone recordings to fulfill the services in the case of our Senior (AKA SeniorWatch) service.  To register for No Fee Services, you must provide us with certain Information, including your name, mobile telephone number, and email address, and must also create a username and password.  Members enrolled by their Monitor for our Senior (AKA SeniorWatch) services will be asked to accept these terms and conditions as well as confirm their Agreement to such terms and conditions.  A Monitor acting on behalf of an Audit Alarm Senior (AKA SeniorWatch) Member or a parent or legal guardian acting on behalf of an Audit Alarm Dependent (AKA DependentWatch) Member is not covered by any Protection Programs arising from the Audit Alarm Senior (AKA SeniorWatch) or Audit Alarm Dependent (AKA DependentWatch) Member's membership because such coverage belongs to the Senior (AKA SeniorWatch) or Dependent (AKA DependentWatch) Member at the levels described in the Audit Alarm Senior (AKA SeniorWatch) or Audit Alarm Dependent (AKA DependentWatch) program(s).  In order for a Monitor or a parent or legal guardian of an Audit Alarm Dependent (AKA DependentWatch) Member to be entitled to services under any Protection Programs, such Monitor or parent or legal guardian must obtain their own membership under a plan which includes the Protection Programs.

A. Mobile App Terms and License

Our App offers functionality that allows Members to access their Audit Alarm mobile portal and membership data.  Other functionality may also be available on the App, such as receiving various promotional offers and benefits.

The App is provided to you under license, and your use of the App and any information or data downloaded by or in connection with the App (the "Data") is subject to and limited by the license terms set forth below.  We grant you a limited, non-exclusive, non-transferable license to use the App and Data subject to the terms and conditions outlined in this Agreement.  You acknowledge that you must be a Member, Monitor, a parent, or legal guardian of an Audit Alarm Dependent (AKA DependentWatch) Member to access the Member or Monitor features of our App.  This license will also govern any software upgrades provided by us that replace and or supplement the original App unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.  We have no obligation to provide you with any updates, maintenance, or support services for the App.

You may not use or permit others to use the App or Data except under the terms expressly listed above.  Without limiting the previous sentence, you shall not and shall not permit anyone else to (a) use the App or Data on any device that you do not own or control, (b) use the App or Data for service bureau time sharing or other similar purposes, (c) modify, translate reverse engineer, decompile, attempt to derive the source code of, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the App or Data, (d) copy the App, including any updates or any part thereof, or Data (except as permitted above), (e) rent, lease, sell, offer to sell, distribute or otherwise transfer rights to the App or Data, (f) develop, sell or distribute applications that integrate with the App or otherwise make use of the Data, (g) remove any proprietary notices or labels on or relating the App or Data, or (h) use the App or Data in any manner that could impair any website that we may own or operate currently or in the future.

The App contains specific third-party software under license to us, including open source software (collectively, the "Third-Party Software").  The Third-Party software is licensed to you under and subject to the terms of the applicable third-party software licenses, which can be found here.  The App may be available via one or more mobile app stores or marketplaces (an "App Store") for use on mobile devices, including App Stores provided by Apple, Inc., Google, Inc., Amazon.com, Inc. and Microsoft, Inc. Apple, Inc., Google, Inc. Amazon.com, Inc., and Microsoft, Inc. are each a "Provider" for the purposes of these Terms with respect to any App downloaded from one of their respective App Stores.  To use the App, you must first download it from an App Store and then register with us by providing your name, email address, and other Information and setting a password.  Your use of our App must comply with the then-current Terms of Service applicable to the App Store(s) from which you downloaded our App, as well as any applicable Audit Alarm terms of service related to the App.

You acknowledge that this Agreement is between you and Audit Alarm only, and not with any Provider.  Audit Alarm, and not Provider, is solely responsible for our App and the services and content available thereon.  You acknowledge that the Provider has no obligation to provide maintenance and support services with respect to our App.  To the maximum extent permitted by applicable law, the Provider will have no warranty obligation whatsoever regarding our App.  We and not the Provider, are responsible for addressing any questions, comments, or claims relating to the App and or your use of the App, including but not limited to any product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim related to our App or your possession and use of our App.  You agree to comply with all applicable third-party terms of Agreement when using our App (e.g., you must not be in violation of your wireless data service terms of Agreement when using the App).  The Provider is a third-party beneficiary of this Agreement.  Upon your acceptance of this Agreement, the Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement with respect to the App.

In the event of a third-party claim that the App or your possession of and/or use of the App infringes a third party's intellectual property rights, we, not the Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Certain features in the App may allow you to make a purchase or request access to additional or different features for which fees may apply.  You can choose whether or not to make these purchases or access these features, and you will not be subject to fees or charges without your consent; however, if you believe you have been assessed a fee or a charge in error or if the feature or item purchased does not perform as described or is not delivered to you, you may dispute the purchase by logging into your mobile application store from which you downloaded the App and lodging your dispute or request for a refund directly with the application store owner.

B. Mobile Alert Service

If you are a Member or a Monitor of the Audit Alarm Senior product and you elect to enroll in our Mobile Alert Service, you acknowledge and agree that we may continue to send you alerts and other notifications via the email address or telephone number you provided to us or through another method as expressly agreed to by us in writing, until you notify us that you no longer wish to receive such Mobile Alerts.  You can choose what types of Mobile Alerts you would like to receive, including, where eligible, Mobile Alerts.  You should note that Mobile Alerts sent to you are not encrypted.  You should take steps to protect your email and/or any devices through which you access or receive such alerts to safeguard against unauthorized access.

THE FREQUENCY OF MOBILE ALERTS WILL VARY BASED ON THE KINDS OF ALERTS AND OTHER NOTIFICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) YOU SIGN UP TO RECEIVE PURSUANT TO YOUR SERVICES.  STANDARD TEXT MESSAGING RATES APPLY (INCLUDING, WHERE APPLICABLE, ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES.  YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.  MOBILE ALERTS ARE PROVIDED AS A COURTESY TO YOU.  WE DO NOT GUARANTEE THE ACTUAL, COMPLETE, OR TIMELY DELIVERY OF ANY MOBILE ALERTS.  WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO, THE FAILURE OF ANY MOBILE ALERT TO BE ACTUALLY, ACCURATELY, FULLY, OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER, INCLUDING THOSE CAUSED BY A TECHNICAL ERROR OR OTHER PROBLEM WITH OUR SYSTEMS, THOSE OF YOUR MOBILE SERVICE PROVIDER, A THIRD PARTY COMPANY OR ISSUES RELATED TO YOUR MOBILE SERVICE ACCOUNT OR MOBILE DEVICE.

3.  Changes to the Services

We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time.  We reserve the right to define eligibility criteria for the Services and make changes to those criteria at any time.  We may also modify the terms and conditions that apply to the features and your use of the Services.  We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site.  We have no obligation to provide direct notice of any such changes.

Except as provided in Section 17(B)(e) below, or unless you have otherwise affirmatively agreed to such changes, by continuing to use the Service(s) and Site after any such changes or modifications to the Service(s) become effective, you agree to be bound by the revised terms.  If you object to such change, your sole remedy shall be to terminate and/or cancel the Service.  You can cancel the Service at any time and may be eligible for a refund, as outlined in our refund policy in Section 8 below.

4.  Payment

With your consent and in accordance with our Privacy Policy, we retain your payment information and payment method. We use your stored payment method and Information to bill and automatically renew the Service(s).  We reserve the right to verify credit/debit card payments prior to acceptance of your order.  We also reserve the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments in order to complete transactions, including but not limited to retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing.

You further acknowledge and agree that subject to our then-current member authentication procedures, another adult member enrolled on your account may authorize changes to the account, including without limitation to the form of payment or to the Services, including termination of membership or changes that may result in additional charges.  In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services.  We also reserve the right to collect any and sales taxes applicable to your purchase of and membership to the Service.

5.  Your Conduct

You understand and agree that perfect security does not exist anywhere and that you will protect your Personal Information in a reasonable way at all times.  Accordingly, you will not recklessly disclose or publish your Social Security Number or any other Personal Information to anyone who might reasonably be expected to improperly use or disclose that Personal Information, by way of example but in no way limited to: in response to "phishing" scams, unsolicited emails, or pop-up messages seeking disclosure of Personal Information.  To access the Services via our App or online member portal, Customers must have a valid username and password, which Customers will receive after enrolling with us for the applicable Service(s).  You are responsible for maintaining the confidentiality of any password and, if applicable, an Alexa PIN associated with your use of the Services and the App, as well as any activity within the App and Services using your password(s).

6.  Term, Termination, and Cancellation

Audit Alarm reserves the right to terminate the Service and/or Service Terms upon notice, with or without cause.  Unless canceled and/or terminated, the Services shall automatically continue indefinitely, and you shall pay the applicable then-current prices as published by us.  As you authorize during enrollment for the Services, we store your payment method, the Services will automatically renew, and you will be billed until you cancel.

A. Customers Enrolled and Transacted in Service(s) Directly with Audit Alarm

You may cancel your Service or the automatic renewal of your Service at any time.  To terminate and/or cancel your Service, you must call 1-866-5- AUDIT ALARM (866-5 283-3482) or cancel by communicating through the portal.  Please review the Audit Alarm Cancellation, Return & Refund Policy for more refund information.  If we modify or update your Service and you object to such change, your sole remedy shall be to terminate and/or cancel the Service.

B. Members Enrolled in the Services Through a Third Party

If you have enrolled in or obtained your membership to the Service(s) through a third party and wish to cancel the Service and/or Service Terms, you must notify the third party of your intent to cancel.

If you are enrolled in any Services through a third party, you may not be entitled to any refund of fees by Audit Alarm; we shall have no obligation to, and shall not, refund any fees paid by you to a third party.  We will terminate the Services and/or Service Terms upon notice to us provided by such third party.  If we modify or update your Service and you object to such change, your sole remedy shall be to terminate and/or cancel the Service.

7.  Privacy

You agree that we may use your Personal Information in accordance with our Privacy Policies, which are available here and are incorporated by reference into these Service Terms.  You expressly authorize Audit Alarm, its agents, and its employees to obtain various Information and reports about you (or any minor child you have enrolled) as we deem reasonably necessary or desirable in the course of performing the Services.  We may share your Personal Information with any other person registered on your Audit Alarm account in accordance with our Privacy Policies.  You, individually or as the parent or legal guardian of a minor child you enroll or cause to be enrolled, expressly authorize Audit Alarm, its agents, and its employees to take any steps necessary to implement the Services, including, but not limited to, completing and executing any documents, communicating with third parties, and acting as a personal representative to the fullest extent permitted by law.

8.  Ownership of Intellectual Property Rights

A. We retain all rights, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services, our App (including the Data), as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services and our App.  Further, your use of or access to our Site and to any content, materials, data, or Information available on or via our Site is subject to the Audit Alarm Intellectual Property Statement, including its applicable provisions on intellectual property, feedback, submissions, and proprietary rights.

B. CUSTOMER REVIEWS TERMS

By submitting any content to Audit Alarm, you represent and warrant that: (i) you are the sole author and owner of the intellectual property rights thereto; (ii) all "moral rights" that you may have in such content have been voluntarily waived by you; (iii) all content that you post is accurate; (iv) you are at least 18 years old; (v) use of the content you supply does not violate these review terms set forth in this Section 10.B (the "Review Terms") and will not cause injury to any person or entity; (vi) you will not submit any content that is known by you to be false, inaccurate or misleading; (vii) you will not submit any content that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) you will not submit any content that violates any law, statute, ordinance or regulation; (ix) you will not submit any content that is, or may reasonably be considered to be, defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (x) you will not submit any content for which you were compensated or granted any consideration by any third party; (xi) you shall not submit any content that includes any information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable Information for yourself or others; and (xii) you will not submit any content that contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Audit Alarm a perpetual, irrevocable, royalty-free, transferable right and nonexclusive license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content you submit may be used at Audit Alarm's sole discretion.  Audit Alarm reserves the right to change, condense or delete any content on Audit Alarm's website that Audit Alarm deems, in its sole discretion, to violate the content guidelines or any other provision of these Review Terms.  Audit Alarm does not guarantee that you will have any recourse through Audit Alarm to edit or delete any content you have submitted.  Audit Alarm reserves the right to remove or refuse to post any submission for any reason.  You acknowledge that you, not Audit Alarm, are responsible for the contents of your submission.  Audit Alarm may, but is not obligated to, monitor, review, or verify any content submitted.

None of the content you submit shall be subject to any obligation of confidence on the part of Audit Alarm, its agents, parents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

Audit Alarm may require you to provide certain Information or data to submit a review.  By submitting a review, you agree and consent to Audit Alarm's promotional use and display (whether online or offline) of all such Information or data you provide with, or as part of, your review (including, but not limited to, any name or other identifier you choose to provide).

By submitting your email address in connection with your rating and review, you agree that Audit Alarm and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.

9.  Local Laws; Export Control

We control and operate the App and Services from our headquarters in the United States of America, and the content and features may not be appropriate or available for use in other locations.  If you use the App or Services outside the United States of America, you are responsible for following applicable local laws.  By using the App or Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or the U.S. Government has designated that as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10.  Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITLY STATED, AUDIT ALARM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WHERE-IS" BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  Audit Alarm DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

11.  Limitation of Liability

OTHER THAN PURSUANT TO THE STOLEN IDENTITY EVENT INSURANCE (FOUND HERE), WHICH APPLIES SOLELY TO MEMBERS ENROLLED IN OUR PROTECTION PROGRAMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AUDIT ALARM, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (a) ONE THOUSAND U.S. DOLLARS ($1,000) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY.  ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.  Jurisdiction

These Service Terms and any Services provided hereunder will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state's laws, and, where applicable, will be governed by the federal laws of the United States.

15.  Indemnification

You will indemnify and hold Audit Alarm (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) 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 Service Terms, or your violation of any law or regulation, or the rights of any third party.

16.  Other Rights

You understand and agree that the Fair Credit Reporting Act allows you to obtain copies of annual credit reports for yourself and for minor children for whom you are the parent or legal guardian without charge.  You also understand and agree that your decision to pay any required payments for the Services and receive the Services under these Service Terms has been made by you as a convenience and is not legally required.  Further, all Customers may request that their name be removed from pre-approved credit card mailing lists; to opt out of pre-approved credit card offers free of charge, log on to www.optoutprescreen.com or call 1-888-5OPTOUT.

17.  Dispute Resolution

Audit Alarm believes that most disagreements can be resolved informally and efficiently by contacting Audit Alarm customer support.

If you are a U.S. customer, and the dispute is not resolved through Audit Alarm customer support, you and Audit Alarm agree that any such dispute, claim, or controversy arising out of or relating in any way to the Services or these Service Terms (a "Claim"), shall be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction, as follows:

A. Small Claims Court: You may elect to litigate your Claim in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute.

You agree to bring a Claim in small claims court in your county of residence or the Superior Court of California, County of  Santa Clara.

B. Arbitration: Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  You agree that, by agreeing to these Service Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and Audit Alarm are each waiving the right to a trial by jury or to participate in a class action.  This arbitration provision shall survive the termination of these Service Terms and/or the termination of your Service.

a. Notice of Claim: If you elect to seek arbitration, you must first send to Audit Alarm, by certified mail, a written Notice of Your Claim ("Notice of Claim").

The Notice of Claim to Audit Alarm should be addressed to General Counsel, Audit Alarm, Inc., 3961 E. Chandler Blvd #111-301, Phoenix, AZ 85048, and should be prominently captioned "NOTICE OF CLAIM."

The Notice of Claim should include both the mailing address and email address you would like Audit Alarm to use to contact you.

If Audit Alarm elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your billing address on file.

a. Notice of Claim, whether sent by you or by Audit Alarm, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought ("Demand"); and (c) whether you reject any subsequent modification of the Dispute Resolution section by Symantec (see Section 17(B)(e)).

b. Arbitration Proceedings: If you and Audit Alarm do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Audit Alarm may commence an arbitration proceeding (or, alternatively, file a claim in small claims court).

You may download or copy a form of notice and a form to initiate arbitration at www.adr.org.  The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by these Service Terms, and will be administered by the AAA.

The AAA Rules and Forms are available online at www.adr.org.  The terms of these Services Terms bind the arbitrator.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.

Unless Audit Alarm and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence or the mailing address you provided in your Notice of Claim.

If your claim is for U.S. $10,000 or less, Audit Alarm agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.

If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

If the arbitrator issues you an award that is greater than the value of Audit Alarm's last written settlement offer made before an arbitrator was selected (or if Audit Alarm did not make a settlement offer before an arbitrator was selected), then Audit Alarm will pay you, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater.

c. Injunctive and Declaratory Relief: Except as outlined in Section 17.A., the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or Audit Alarm and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

To the extent that you or Audit Alarm prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration.

The parties agree that litigation of public injunctive relief issues shall remain pending the outcome of the merits of any individual claims in arbitration.

d. Arbitration Fees: If your claim for damages does not exceed $10,000, Audit Alarm will pay all fees imposed by the AAA to conduct the arbitration, including reimbursement of your initial filing fee, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)).  If your claim for damages exceeds $10,000, standard AAA Rules will govern the payment of all AAA fees, including filing, administration, and arbitrator fees.

e. Class Action Waiver:  YOU AND AUDIT ALARM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, if you have elected arbitration unless both you and Audit Alarm agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

f. Modification of Dispute Resolution Section: Notwithstanding Section 3 or the last paragraph on the opening Section, if Audit Alarm changes this "Dispute Resolution" section after the date you first accepted these Service Terms, and you have not otherwise affirmatively agreed to such changes, you may reject any such change by so stating within your Notice of Claim.

By failing to reject any changes to this Dispute Resolution section in your Notice of Claim, you agree to resolve any Claim between you and Audit Alarm in accordance with the terms of the Dispute Resolution section in effect as of the date of your Notice of Claim.

g. Severability:  With the exception of any of the provisions in Section 17.B.e of this Agreement ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Service Terms is invalid or unenforceable, the other parts of these Service Terms shall still apply.

18.  General

Neither these Service Terms nor any rights hereunder may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission.  Any purported assignment without such permission shall be void.  Any waiver of our rights under these Service Terms must be signed by Audit Alarm in writing, and any such waiver shall not operate as a waiver of any future breach of these Service Terms.  In the event any portion of these Service Terms is found to be illegal or unenforceable, such portion shall be severed from these Service Terms, and the remaining terms shall be separately enforced.  Your use of the Services shall at all times comply with all applicable laws, rules, and regulations.  These Service Terms, and all documents incorporated into these Service Terms by reference, are the entire Agreement between the parties with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto.  Our failure to enforce any of these Service Terms is not a waiver of such term or rights.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Service Terms.  These Service Terms are solely and exclusively between you and Audit Alarm.  You acknowledge and agree that (i) no third party, including a third-party partner of Audit Alarm, is a party to these Service Terms, and (ii) no third party, including any third-party partner of Audit Alarm, has any obligations or duties to you under these Service Terms.

 

 

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Audit Alarm Cancellation, Return, and Refund Policy

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