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AlarMax Terms and Conditions
Last Updated: 9/26/2024
Welcome to the AlarMax Distributors Inc. ("AlarMax", "we", "us", "our", or "Company") e-commerce website located at https://www.alarmax.com/ (the "Site"). This Site is offered to you conditionally upon your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Please read these Terms carefully before using the Site. Your use of the Site constitutes your agreement to all such Terms. If you do not agree to these Terms, please do not use the Site. We reserve the right to change the Terms at any time, and your continued use of the Site following any changes signifies your acceptance of such changes.
1. Privacy
By accessing or using our Site, in addition to the Terms, you agree to be bound by our Privacy Policy which also governs this Site and informs users of our data collection practices. The Privacy Policy is incorporated herein by reference.
2. Electronic Communications
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AlarMax is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
4. Links to Third-Party Sites/Third-Party Services
AlarMax.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
Certain services made available via AlarMax.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the AlarMax.com domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of AlarMax.com users and customers.
5. Products and Services
AlarMax offers a variety of products and services related to electronic fire and security products for residential and commercial settings, including fire alarms, burglar alarms, closed-circuit television (CCTV), access control, intercoms, and structured cabling, as well as peripheral products for new installations and for the maintenance, repair, and enhancement of installed systems. All products and services provided through the Site are subject to availability and may be subject to additional terms and conditions. We reserve the right to limit the quantity of items ordered.
6. Order Acceptance and Payment
All orders placed through our Site are subject to acceptance by AlarMax. We may refuse or cancel any order for reasons including but not limited to product availability, errors in product information or pricing, or issues with payment processing. Payment for all orders must be made through our accepted payment methods.
7. Pricing and Shipping
Prices listed on the Site are subject to change without notice. Shipping and handling charges, as well as any applicable taxes, will be added to the total order amount. Delivery times may vary depending on the shipping method selected and the destination.
8. Return and Refund Policy
Our return and refund policy is detailed separately on the Site and is incorporated herein by reference. Please refer to our Return and Refund Policy for information regarding returns, exchanges, and refunds.
9. Intellectual Property
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AlarMax content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
10. User Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
11. Materials Provided to AlarMax.com or Posted on Any AlarMax Web Page
AlarMax does not claim ownership of the materials you provide to AlarMax.com (including feedback and suggestions) or post, upload, input, or submit to any AlarMax Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting AlarMax, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AlarMax is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AlarMax's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
12. Termination/Access Restriction
AlarMax reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
13. Limitation of Liability
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. AlarMax Distributors, Inc. and/or its suppliers may make improvements and/or changes in the Site at any time.
AlarMax Distributors, Inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. Unless otherwise stated in a written product warranty provided to you by AlarMax Distributors, Inc. or its suppliers, to the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. AlarMax Distributors, Inc. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall AlarMax Distributors, Inc. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if AlarMax Distributors, Inc. or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
14. Indemnification
You agree to indemnify, defend, and hold harmless AlarMax, its officers, directors, employees, agents, affiliates, and third parties, for any claims, losses, damages, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. AlarMax reserves the right, in its sole discretion, at its own cost for representation only, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AlarMax in asserting any available defenses.
15. Severability
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and/or deemed stricken to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. All other provisions of this Agreement shall remain in full force and effect. The parties, in commercial good faith, will attempt to substitute a replacement provision for the offending provision with a similar effect.
16. Miscellaneous
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and AlarMax as a result of this agreement or use of the Site. (b) AlarMax's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of AlarMax's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AlarMax with respect to such use. (c) A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. (d) It is the express wish to the parties that these Terms and all related documents be written in English.
17. Governing Law
The validity, construction, interpretation, performance, and/or enforcement of these Terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to or application of any statutory or common law choice of law rules or principles. The parties agree that the state and federal courts within the Western District of Pennsylvania shall have exclusive jurisdiction to adjudicate any dispute in any way arising out of or relating to the validity, construction, interpretation, performance, and/or enforcement of these Terms. The parties further agree to submit to the personal jurisdiction of such courts and waive any and all claims that the venue in such courts is inconvenient. The parties expressly agree to exclude from this Agreement the United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor thereto.
18. Entire Agreement
Unless otherwise specified herein, these Terms constitute the entire agreement and final understanding of the parties with respect to the subject matter of these Terms and supersedes and terminates any and all prior or contemporaneous negotiations, representations, understandings, discussions, offers, and/or agreements between the parties, whether written or verbal, express or implied, bilateral or unilateral, relating in any way to the subject matter of these Terms.
19. Changes to Terms
AlarMax reserves the right, in its sole discretion, to change the Terms under which AlarMax.com and/or the Site is offered. The most current version of the Terms will supersede all previous versions. AlarMax encourages you to periodically review the Terms to stay informed of our updates.
20. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
AlarMax Distributors Inc.381 Mansfield Ave #205
Pittsburgh, PA 15220
Email: alarmaxb2b@alarmax.com
Phone: 888-432-3232
Thank you for visiting AlarMax.