Terms of Service - V3
Last updated on 04.11.2019
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.
Ring Terms of Service
This website is owned and operated by Ring LLC and its subsidiaries (collectively “Ring,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and Ring hardware products or devices (“Products”). These Terms also govern your legal rights with respect to Third Party Services (defined below).Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or accessing our Products or Services, or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and Ring (this “Agreement”). Please read these Terms closely because they contain important information about automatic renewal , a class action waiver , and an arbitration provision, requiring you to arbitrate any claims you may have against Ring on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
*If you do not agree with these Terms, please do not purchase or use our Products or Services or Third Party Services. *
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and Ring. All rights not expressly granted herein are reserved by Ring.
Specific areas or pages of our websites may include additional or different terms relating to the purchase or use of our Products and Services or Third Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control.
The term “you,” as used in these Terms, includes any person or entity who is the owner of the Product and creates an account associated with the Product (“Owner”), as well as any person or entity authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products, and Services.
You must be at least 13 years old to use the Products and Services. If you are between the ages of 13 and 18, you may use our Products and Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user between the ages of 13 and 18, you are fully responsible for the acts of such user in relation to our Products and Services.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
CHANGES TO THIS AGREEMENT AND SERVICES
Except as set forth in the Dispute Resolution section, Ring is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the ring.com website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use our Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE
All right, title and interest in the Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by Ring, its licensors, or designated third parties. Subject to these Terms, Ring grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the Products and Services Notwithstanding the foregoing, businesses may purchase Products and use the Services for their own internal, lawful business purposes (such as using Products on their business premises or enabling tenants to use the Products); however, this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Ring, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to:
(1) any laws or regulations relating to the recording or sharing of video or audio content,
(2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place),
and/or (3) any laws or regulations requiring (a) that installation of any Product which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and (b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.
If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
- Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Ring account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content; or
- Violates the Ring Neighbors Community guidelines, which are hereby incorporated by reference.
A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
TRADEMARKS AND COPYRIGHTS
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Ring or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Ring is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, Ring, Ring Protect and Ring Neighbors. Ring expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Ring, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
You are solely responsible for all of your Content (including Content you share through the Ring Neighbors feature or application). “Content” means all audio, video, images, text, or other types of content captured by our Products or provided to us (including content posted by you) in connection with the Services. You represent and warrant that:
(a) you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
You hereby grant Ring and its licensees an unlimited, irrevocable, fee free and royalty-free, perpetual, worldwide right to use, distribute, store, delete, translate, copy, modify, display, and create derivative works from such Content that you share through our Services including, without limitation, the Ring Neighbors feature or application, the Ring Community, or via a share link, for any purpose and in any media format. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Ring reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. You agree that you will indemnify Ring for all claims and resulting from Content you share through our Services, including, without limitation, the Ring Neighbors feature or application or Ring Community. If you see Content that you believe violates our Terms, please flag it in our mobile application or report it to us by emailing firstname.lastname@example.org.
RING PROTECT RECORDINGS
When you choose to subscribe to a Ring Protect Subscription Plan (“Ring Protect Plan”), we will automatically receive for storage any video and/or audio Content captured by your Products that are associated with your Ring Protect Plan (“Ring Protect Recordings”). For more information on the Ring Protect Plan, please see Ring Protect Subscription Plans and Privacy.
FREE TRIAL AND SUBSCRIPTIONS
You may enjoy our Ring Protect Plan in the following ways:
Free Trial. When you first set up your Product, you will be automatically enrolled in a free thirty (30) day trial of the Ring Protect Plan. If you do not enter into a paid subscription for a Ring Protect Plan before the end of your trial period, your Ring Protect Recordings will be deleted.
Paid Subscriptions. When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our Ring Protect Plan by enrolling in our monthly or annual subscription plan, which will continue until you or we cancel your subscription. These subscription plans entitle you to access our Ring Protect Plan for each payment period until such subscription is cancelled. Your paid subscription will automatically commence on the first day following the end of your trial period, and will automatically renew on a monthly or annual basis depending on your election when you first set up your Product. By submitting your payment details in conjunction with the trial, you agree to this charge. To avoid this charge, you must cancel your Ring Protect Plan by either contacting us before the end of your trial period or discontinuing the Ring Protect Plan via the Ring website.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, Ring reserves the right to cancel your Ring Protect Plan subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us.
To the extent applicable, if you choose to pay by direct debit, you agree that we may charge you as early as the first day of the applicable subscription period. If you enroll for a paid subscription on or after the expiration of your free trial, we may charge you on the same day as you enroll. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge.
Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, which can be done through your account settings by removing your payment information or by contacting us, any paid Services (for example, your Ring Protect Plan) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or discontinue your paid Services at any time, go to account settings or contact us. If you terminate a paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, except as set forth in the Refund Policy below. Your non-termination or continued use of a paid Service reaffirms that we are authorized to charge your payment method for that paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Service.
RECORDINGS, CONTENT, AND PERMISSION FROM YOU
Ring does not claim ownership of your intellectual property rights in your Content. Other than the rights you grant to us under these Terms, you retain all rights you have in your Content.
However, by purchasing or using our Products and Services, you give Ring the right, without any compensation or obligation to you, to access and use your Content for the limited purposes of providing Services to you, protecting you, improving our Products and Services, developing new Products and Services, and as otherwise set forth in our Privacy Notice.
Additionally, by electing to publicly share your Content via our Services to other users or the general public , in addition to the license granted above, you give Ring the right, without any compensation or obligation to you, to access and use your Content and related location information for the purposes of publicly sharing such recordings and information with current and future users and allowing those users to comment on the Content.
In addition to the rights granted above, you also acknowledge and agree that Ring may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:
(a) comply with applicable law, regulation, legal process or reasonable governmental request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Ring, its users, a third party, or the public as required or permitted by law.
Deleted Content and User Recordings may be stored by Ring in order to comply with certain legal obligations and are not retrievable without a valid court order.
CANCELLATIONS, REFUNDS, AND PAYMENTS
Cancellation of Subscription Services
You may cancel your Ring Protect Plan by contacting us or through your Ring account, at any time, with or without cause. After your cancellation, you will continue to enjoy access to the Ring Protect Plan and your Ring Protect Recordings until the last day of your subscription period. After such subscription period ends, your Ring Protect Recordings will no longer be accessible to you. For more information about canceling your Ring Protect Plan, please see Upgrading, Changing, or Canceling your Ring Protect Plan.
Risk of Loss
All purchases of physical items from Ring are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered.* Ring does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Ring does not take title to the refunded item. For more information about our returns and refunds, please see the Return Policy.
Order Limits / End-User Customers Only
Ring reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. Ring may also require additional qualifying information prior to accepting or processing any order. Ring.com sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
THIRD PARTY SERVICES
You may be allowed to access or acquire third party products, websites, applications, content or services from third parties (“Third Party Services”) through our Services. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Ring of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Ring has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through Ring. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, Ring may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Ring may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Ring is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through our websites or our Services (“communications”), including e-mails to Ring or postings on interactive portions of our websites, shall be deemed and shall remain the property of Ring. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Ring is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through our websites, via e-mail, or by any means, you hereby RELEASE Ring from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to our websites or to Ring, you hereby grant Ring, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software is copyrighted by Ring or its licensor(s), and may be protected by one or more patents owned by Ring or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
NO LIFE AND SAFETY OR CRITICAL USES; BACKUPS
You acknowledge that our Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities to your home in the event of an emergency. Ring makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate response services.
We strongly suggest that you backup any important Content (for example, by downloading and locally saving any such Content). You are solely responsible to backup your Content to another location outside the Services to avoid loss of your Content and other data.
NO REPRESENTATIONS OR WARRANTIES
This website may contain errors and may not be complete or current. Ring therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND RING DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL RING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. RING DISCLAIMS ALL LIABILITY OF ANY KIND OF RING’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL RING BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD RING HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
JURISDICTION AND CHOICE OF LAW
Ring controls and manages the Services from its facilities in the State of California in the United States of America. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in the United States of America. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law.
Mandatory, Bilateral Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AND RING AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or Ring’s right to seek injunctive or other equitable relief in state or federal court in Los Angeles County California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Ring against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Ring, even if the claim arises after you or Ring has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) Ring brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Ring, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Ring; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and Ring each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 1523 26th Street Santa Monica, CA 90404, Attention: Legal Department. We will provide a Notice of Dispute to you via the email address associated with your Ring account. You and Ring agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.
*Arbitration Process and Procedure *
If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within the United States convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and Ring expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND RING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator 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.
The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Ring each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
If your claim does not exceed $10,000 (USD), you and Ring agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Ring submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Ring, or deemed necessary by the arbitrator, you and Ring agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Ring will pay the additional cost. If your claim for damages does not exceed $25,000 (USD) and you follow the dispute notice procedure set forth above, Ring will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
*Small Claims & Government Actions *
As an alternative to arbitration, you or Ring may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Ring on your behalf.
SEVERABILITY AND SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services.
Questions concerning these Terms, requests for cancellation or refund of your Ring Protect Plan subscription, or other requests or questions should be directed to the contact point specified at the end of these Terms.
Ring LLC 1523 26th Street Santa Monica, CA 90404 800.656.1918
Last updated on October 9, 2019
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH IN THIS AGREEMENT.
ALARM PRODUCT AND SERVICES TERMS AND CONDITIONS
I.DEFINITION OF “RING” AND “ALARM PRODUCT" AND “ALARM SERVICES”
“Ring” as used in these Alarm Products and Services Terms and Conditions (the “Alarm Terms and Conditions”) is defined to include Ring LLC, its subsidiary Ring Protect Inc., and their respective, subsidiaries providing the optional Monitoring Service (defined in Section VIII).).
“Alarm Product(s)” as used in these Alarm Terms and Conditions is defined as the Ring Alarm security system, which includes the base station, key pad, door and window sensors, motion detectors, range extenders, and all other parts, components, devices and sensors manufactured by Ring at any time for use with the Ring Alarm security system.
“Alarm Services” as used in these Alarm Terms and Conditions is defined to include Ring software, Ring application, and Ring websites available for use by you with the Alarm Products.
These Alarm Terms and Conditions, along with Ring’s Terms of Service (the “Ring Terms of Service”) found here are collectively referred to herein as the “Agreement.” The Ring Terms of Service contain additional terms and conditions that apply to you, including (except where prohibited by law) DISPUTE RESOLUTION WITH AN ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTIONS AND A CHOICE OF CALIFORNIA STATE LAW. Please thoroughly read and understand these Alarm Terms and Conditions and the Ring Terms of Service before you electronically sign.
The Agreement contains the entire understanding between you and Ring relating to the subject matter hereof and replaces and supersedes any other representations, advertisements, marketing, literature, brochures, proposals, documents or discussions you had with Ring. The Agreement cannot be changed except in accordance with this Agreement, or a writing signed by both you and Ring. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective. In the event of any irreconcilable conflict between the Alarm Terms and Conditions and the Ring Terms of Service, the Alarm Terms and Conditions shall control. YOU UNDERSTAND AND AGREE THAT THE AGREEMENT APPLIES TO YOUR CURRENT PURCHASE AND USE OF THE ALARM PRODUCTS AND ALARM SERVICES, AND YOUR PURCHASE AND USE OF ANY ADDITIONAL ALARM PRODUCTS AND ALARM SERVICES AT ANY TIME IN THE FUTURE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU WILL BE UNABLE TO USE THE ALARM PRODUCTS AND ALARM SERVICES AND YOU MAY RETURN THE ALARM PRODUCTS FOR A FULL REFUND.
III. CONSENT TO ELECTRONIC CONTACT
You may receive emails at the email address you provide Ring for any purpose relating to the Agreement including, without limitation, information relating to the Alarm Product, Alarm Services and Monitoring Service and any notifications from Ring as provided for, or permitted within, this Agreement (“Notification Purpose(s)”). You may also receive such information on your enabled wireless device (such as a smart phone or tablet) through the Ring application, or through a personal computer. Further, you agree that Ring may contact you at the telephone number you provided for any Notification Purpose, and that contact may be made using any method, including telephone calls, automatic telephone dialing systems, or text or email messages sent to your enabled wireless device. When you provide us with a telephone number or an email address for your emergency contacts or any other third party, please ensure that such third parties have agreed to receive service-related text messages, telephone calls, and emails for any Notification Purpose. You will be responsible for any message and data rates that may apply. You agree to notify Ring immediately in the event of any change to any of the email addresses or telephone numbers you provided. You agree to regularly check your voice messages, text and email messages for communications from Ring.
IV. LIMITATION OF LIABILITY OF RING
YOU UNDERSTAND AND AGREE THAT THE ALARM PRODUCT, ALARM SERVICES, AND MONITORING SERVICE ARE DETECTION AND NOTIFICATION PRODUCTS AND SERVICES. THE ALARM PRODUCT, ALARM SERVICES, AND MONITORING SERVICE DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES, AND YOU AGREE NOT TO PURCHASE OR RELY ON THE ALARM PRODUCT, ALARM SERVICES, AND MONITORING SERVICE TO SO ELIMINATE SUCH OCCURRENCES OF EVENTS. FURTHER, YOU UNDERSTAND AND AGREE THAT THE ALARM PRODUCT, ALARM SERVICES, AND MONITORING SERVICE MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, RING MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE ALARM PRODUCT, ALARM SERVICES, OR MONITORING SERVICE WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.
YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF RING OR ITS AFFILIATE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF THE LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE OF RING OR ITS AFFILIATE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF RING OR ITS AFFILIATE IN THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE) ARISING FROM, OR RELATING TO, THIS AGREEMENT, THE ALARM PRODUCT, ALARM SERVICES, OR MONITORING SERVICE, THE MAXIMUM LIABILITY OF RING AND ITS AFFILIATES WILL BE LIMITED TO THE GREATER OF (I) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) USD; OR (II) FIVE (5) TIMES THE TOTAL CHARGES (EXCLUSIVE OF TAXES AND SHIPMENT) FOR THE ALARM PRODUCTS ONLY PURCHASED BY YOU, AND THIS LIABILITY SHALL BE SOLE AND EXCLUSIVE. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER THINGS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, ECONOMIC LOSSES, CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION, AND THE CLAIMS OF THIRD PARTIES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED OR INTERPRETED IN A MANNER WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE.
V. WAIVER OF SUBROGATION FOR RING
You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. To the fullest extent permitted by applicable law and the applicable policy or policies of insurance you obtain and maintain, you release Ring and its affiliates from all liability for any loss, occurrence, event or condition covered by your insurance.
VI. THIRD PARTY INDEMNIFICATION FOR RING
THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD RING AND ITS AFFILIATES HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST RING OR ITS AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT, THE ALARM PRODUCT, ALARM SERVICES, OR MONITORING SERVICE (A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF RING OR ITS AFFILIATES) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY RING OR ITS AFFILIATES RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE OF RING OR ITS AFFILIATES, BREACH OF CONTRACT OR WARRANTY OR CONDITION, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF RING OR ITS AFFILIATES OR GROSS NEGLIGENCE OF RING OR ITS AFFILIATES IN THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE ANY PERSON OR ENTITY WHO DID NOT ELECTRONICALLY SIGN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, A SPOUSE, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY.
VII. LIMITED WARRANTY FOR ALARM PRODUCTS
Alarm product is sold with a limited warranty of one year. You may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion under the Limited Warranty may not apply to you.
VIII. MONITORING SERVICE
a. Available with Certified and Approved Third Party Devices Only.
YOU UNDERSTAND AND AGREE THAT THE MONITORING SERVICE WILL ONLY WORK WITH THE ALARM PRODUCTS AND THIRD-PARTY DEVICES EXPRESSLY CERTIFIED AND APPROVED BY RING TO BE COMPATIBLE WITH THE MONITORING SERVICE. IF YOU HAVE SELECTED THE MONITORING SERVICE, YOU HEREBY RELEASE AND HOLD RING AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ANY THIRD-PARTY DEVICES, EVEN IF SOLD BY RING, THAT ARE NOT EXPRESSLY CERTIFIED AND APPROVED BY RING TO BE COMPATIBLE WITH THE MONITORING SERVICE.
b. Permitted Uses
YOU HEREBY UNDERSTAND AND AGREE THAT MONITORING SERVICE IS INTENDED FOR USE ONLY AT THE LOCATION OF YOUR REGISTERED SINGLE FAMILY RESIDENTIAL ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS (as defined below in Section XX) (EACH REGISTERED SINGLE FAMILY RESIDENTIAL ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS, A “REGISTERED ADDRESS”) WHERE THE ALARM PRODUCT IS INSTALLED AND REGISTERED BY YOU THROUGH RING. THE MONITORING SERVICE WILL NOT FUNCTION IF ANY OF THE ALARM PRODUCTS ARE INSTALLED OR USED AT ANY LOCATION OTHER THAN THE REGISTERED SINGLE FAMILY RESIDENTIAL ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS. YOU ACKNOWLEDGE THAT THE MONITORING SERVICE IS NOT INTENDED FOR USE AT A LOCATION OTHER THAN YOUR REGISTERED SINGLE FAMILY RESIDENTIAL ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS, AND YOU AGREE NOT TO SO USE THE MONITORING SERVICE AT ANY OTHER LOCATION. IF YOU HAVE SELECTED THE MONITORING SERVICE, YOU HEREBY RELEASE AND HOLD RING AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ALARM PRODUCTS AND/OR ALARM SERVICES AT A LOCATION OTHER THAN YOUR REGISTERED SINGLE FAMILY RESIDENTIAL ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS.
YOU MAY ACCESS AND USE MONITORING SERVICE ONLY IN SELECT LOCATIONS. RING MAY RESTRICT ACCESS TO MONITORING SERVICE FROM OTHER LOCATIONS.
c. How the Monitoring Service Works
The “Monitoring Service” consists of the notification of you, and/or your emergency contacts of the receipt of any listed signal codes, as provided for herein. Notification to you and your emergency contacts may be made by one or more means, to include: calls to the telephone numbers (including via automated dialing systems), emails to the email addresses and text messages to the wireless devices you provide Ring for yourself and your emergency contacts.
So that the Monitoring Service can be performed, you must provide Ring with all the information it requests for you and your emergency contacts, and notify Ring immediately with any change to any of that information. You agree that any person that you have designated as an emergency contact is authorized to act on your behalf. You understand and agree that Ring will rely, and are entitled to rely, solely on the contact and other information you provide for yourself and your emergency contacts.
Upon receipt of a listed signal code from the Alarm Product, Ring will make reasonable efforts to notify you or your emergency contacts within a reasonable period of time in accordance with your instructions, the policies and procedures of the Monitoring Service. If you experience a life/safety, property risk, fire, flood, burglary, robbery, medical issue or other emergency event, and if you are able to do so safely, you should immediately contact the police, fire department, 999, 112, 911 or any other appropriate emergency response service.
d. Changes to the Monitoring Service
Ring may from time to time, in response to applicable law or otherwise, revise, replace, change, modify, discontinue or rescind certain policies or procedures relating to the Monitoring Service and the response to listed signal codes. Ring shall endeavor to provide you with notification pursuant to Section III of the Alarm Terms and Conditions of any such revisions, replacements, changes, modifications, discontinuance or rescission within a reasonable period of time either before or after they are effective.
e. False Alarm
In the event a fine, penalty or fee is assessed against you or Ring by any local government as a result of any false, excessive or other alarm condition or non-compliance with any local ordinance or standard intended to reduce false alarms and such condition or non-compliance is not caused by the negligence, breach of this Agreement or other wrongdoing of Ring, you agree to be solely responsible for payment and shall reimburse Ring for any such fines, penalty or fees.
f.Changes to the System Elements
PLEASE BE WARNED THAT IF YOU SWITCH OR CHANGE ANY OF YOUR SYSTEM ELEMENTS (AS DEFINED IN SECTION XI OF THE ALARM TERMS AND CONDITIONS), THIS MAY LEAVE YOUR ALARM PRODUCT UNABLE TO TRANSMIT SIGNALS AND, THEREFORE, THE MONITORING SERVICE WILL NOT WORK. It is your sole duty to assure that your System Elements are at all times compatible with your Alarm Product and Monitoring Service, and properly functioning.
g. Force Majeure
The obligation to provide the Monitoring Services shall immediately be suspended, without prior notice, in the event of any of the following: (i) the telephone lines, network or equipment, other communications equipment, software destroyed, damaged, or inoperable for any reason whatsoever; or (ii) any war whether declared or undeclared, fire, flood, extreme weather, accident, explosion, act of terrorism, governmental orders, regulations, restrictions or priorities, strike, lockout or other labor troubles, or any other cause for the duration of the interrupted service. Ring shall provide you with notice pursuant to Section III of the Alarm Terms and Conditions of such suspension as soon as reasonable following any such Force Majeure event.
IX. MONITORING SERVICE AFTER FREE TRIAL PERIOD.
YOU UNDERSTAND AND AGREE THAT IF YOU DO NOT ENTER INTO A PAID SUBSCRIPTION TO THE RING PROTECT PLUS PLAN BEFORE THE END OF YOUR FREE TRIAL PERIOD, THEN SOME FEATURES OF YOUR MONITORING SERVICE WILL STOP AT THE END OF YOUR FREE TRIAL PERIOD. YOU FURTHER UNDERSTAND THAT WITHOUT THE PAID SUBSCRIPTION, YOU WILL NO LONGER RECEIVE AUTOMATED CALLS AND/OR TEXT MESSAGES TO YOU AND YOUR EMERGENCY CONTACTS.
X. BROADBAND INTERNET ACCESS/BACKUP WIRELESS DATA SERVICE.
The Alarm Services and Monitoring Service will not work or be accessible without: (i) a working wi-fi network at your Registered Address that is positioned to communicate reliably with your Alarm Product; (ii) an active, current and properly completed account with Ring; (iii) an enabled and supported wireless device; and (iv) always-on broadband internet access at your Registered Address with bandwidth sufficient to support your Alarm Product (collectively, the or your “System Elements”). It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with your Alarm Product. You acknowledge that the Alarm Services and Monitoring Service may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with your Alarm Product and Alarm Services. If Ring receives notice that you failed to maintain the required System Elements, Ring may, in its sole discretion, elect to terminate the Alarm Services or Monitoring Service in accordance with Section XII of the Alarm Terms and Conditions. Also, the Monitoring Service only includes a wireless data service that serves as backup during any outage of your broadband internet access (the “Back-Up Wireless Data Service”). For the Back-Up Wireless Data Service to work, your Registered Address must be located within the coverage area of the applicable carrier for the Back-Up Wireless Data Service, and it is your sole responsibility to assure that your Registered Address is so located within the applicable service coverage area. Your Alarm Product may contain a SIM card. You agree not to use the SIM card except in your Alarm Product. Any violation of the restrictions on the use of the SIM card may, in Ring’s sole discretion, result in the termination of the Alarm Services or Monitoring Service in accordance with Section XII hereof.
In addition, if Ring detects unauthorized or excessive use of the Alarm Services or Monitoring Service or SIM card, you agree to reimburse Ring for all the data usage associated with the unauthorized or excessive use. You hereby expressly authorize Ring to charge the payment card associated with your account for all related unauthorized or excessive data charges.
You understand and agree that Ring is not responsible for the operation or non-operation of any of your System Elements or Back-Up Wireless Data Service. You acknowledge and agree that the System Elements and Back-Up Wireless Data Service are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of your Alarm Product to send listed signal codes and, in such event, the Monitoring Service will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the Alarm Service being unreliable or unavailable for the duration of the Service Problem. Neither Ring, nor any wireless data carrier is responsible or liable for any such Service Problems.
SPECIFICALLY, REGARDING THE BACK-UP WIRELESS DATA SERVICE, YOU ACKNOWLEDGE THAT BACK-UP WIRELESS DATA SERVICE IS MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORKS. THE BACK-UP WIRELESS DATA SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, WEAK BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF THE WIRELESS DATA CARRIER’S CONTROL SUCH AS, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; OR (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE. CARRIER PARTNER NETWORKS ARE MADE AVAILABLE AS-IS. RING AND THE WIRELESS DATA CARRIER MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED BY CARRIER PARTNERS AND WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF CARRIER PARTNER NETWORKS.
XI. DUTY TO PROPERLY INSTALL, TEST AND REPLACE BATTERIES FOR YOUR ALARM PRODUCT.
It is your responsibility to install your Alarm Product in strict accordance with the instructions and specifications made available to you. IF YOUR ALARM PRODUCT IS NOT PROPERLY INSTALLED, OR IF YOUR ALARM PRODUCT OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test your Alarm Product once installed, and then regularly test and maintain your Alarm Product after installation. Also, it is your responsibility to replace the batteries for your Alarm Product, when necessary. YOU UNDERSTAND AND AGREE THAT YOUR ALARM PRODUCT MAY NOT FUNCTION OR PROPERLY FUNCTION IF THE BATTERIES NEED REPLACEMENT OR SERVICE; PLEASE CHECK THEM REGULARLY.
XII. THE CUSTOMER’S DEFAULT
If you fail to perform your obligations under this Agreement (monetary or non-monetary), Ring will have the right, in its sole discretion, to terminate the Monitoring Service or Alarm Services. If Ring elects to do so, it will first notify you pursuant to Section III hereof, of your obligation failures and Ring’s intention to terminate the Monitoring Service or Alarm Services (the “Notice of Intention to Terminate”). You will have seventy-two (72) hours from the date the Notice of Intention to Terminate is first sent to you to fully cure your performance failures (the “Cure Period”), time being of the essence. If you fail to timely do so, Ring may then, in its sole discretion, terminate the Monitoring Service or Alarm Services at any time after providing you notification in accordance with Section III hereof (the “Termination Notice”). The termination of the Monitoring Service or Alarm Services will take effect within forty-eight (48) hours after the Termination Notice is first sent to you (the “Termination”). In the event of a Termination, and to the fullest extent permitted by applicable law, you agree to pay Ring, (a) all amounts then due, and (b) Ring’s reasonable collection costs, including attorneys’ fees and costs. In the event of a Termination of the Monitoring Service or Alarm Services, no Monitoring Service or Alarm Services will thereafter be provided. If Ring waives any default or performance failures, Ring is not waiving other defaults. Any waiver by Ring must be in writing, and may not be implied by its actions or inactions. To the fullest extent permitted by applicable law, in the event of a Termination, you hereby expressly authorize Ring to charge the payment card associated with your account the full amount then due and Ring’s reasonable collection costs, including attorneys’ fees and costs, if applicable. Further, Ring reserves the right to terminate the Monitoring Service or Alarm Services, with no further obligation to you (except payment for all amounts then due) in the event of: (i) excessive runaway and/or false signals, (ii) your failure to maintain a broadband internet access service, (iii) your wireless data usage being considered harmful or disruptive, or otherwise interfering with the wireless data carrier’s network or the ability to provide quality service to other customers, or (iv) the reasonable policies and procedures of the Monitoring Station (collectively, the “Other Termination Reasons”). If Ring elects to terminate the Monitoring Service or Alarm Services for Other Termination Reasons, it will send you a Termination Notice pursuant to Section III of the Alarm Terms and Conditions. The termination of the Monitoring Services or Alarm Services will take effect for the Other Termination Reasons within forty-eight (48) hours after the Termination Notice is first sent to you.
XIII. SUBCONTRACTING AND ASSIGNMENTS.
You cannot transfer or assign this Agreement without Ring’s consent; however, Ring can assign this Agreement or subcontract its obligations without your consent, including the Monitoring Service. If Ring does so, anyone to whom Ring assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.
XIV. LIMITATIONS OF THE ALARM PRODUCTS
YOUR ALARM PRODUCT MAY NOT BE INTENDED OR DESIGNED FOR OUTSIDE USE, UNLESS EXPRESSLY SPECIFIED FOR OUTDOOR USE IN THE SPECIFICATIONS FOR YOUR ALARM PRODUCT. PLEASE BE SURE TO READ THE SPECIFICATIONS FOR YOUR ALARM PRODUCT BEFORE USING YOUR ALARM PRODUCT OUTDOORS.
XV. NO THIRD-PARTY BENEFICIARIES
EXCEPT FOR SUBCONTRACTORS AND ASSIGNEES AS PROVIDED FOR OR PERMITTED IN THIS AGREEMENT, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
XVII. MALWARE VULNERABILITY NOTICE AND WAIVER
Equipment that relies on wireless or internet connections or are connected to a network of any kind (such as security systems, communications equipment, cameras, wireless radios, access control, cloud storage, NAS storage, DVRs, NVR and other kinds of networkable security and other devices) may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to arm or disarm your system or related equipment; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk.
RING MAKES NO WARRANTY OR REPRESENTATION THAT THE ALARM PRODUCTS, ALARM SERVICES OR MONITORING SERVICE IS SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. Ring assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold Ring harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of contract or negligence of any kind or degree of Ring (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the LIMITATION OF RING’S LIABILITY in Section IV of the Alarm Terms and Conditions shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.
XVIII. SMART DEVICE STANDARDS/THIRD PARTY DEVICES.
Your Alarm Product may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by Ring, including Z-Wave, Zigbee HA, Wi-Fi, Bluetooth, and IP devices. HOWEVER, SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) MAY NOT WORK WITH YOUR ALARM PRODUCT OR THE ALARM SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION.
RING IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD RING AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES WITH YOUR ALARM PRODUCT OR ALARM SERVICES. FURTHER, RING MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK WITH YOUR ALARM PRODUCT OR THE ALARM SERVICES, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE. In addition, you agree Ring may terminate the Monitoring Service or Alarm Services pursuant to Section XII of the Alarm Terms and Conditions if Ring, in its sole discretion, believes the operation of any Third-Party Device causes or may cause an issue to your Alarm Product, the Alarm Services, the Monitoring Service or with Ring’s liability to you or others.
XIX. SMOKE ALARM AND CARBON MONOXIDE DETECTORS.
RING MAKES NO WARRANTY OR REPRESENTATION THAT ANY SMOKE ALARM OR CARBON MONOXIDE DETECTOR SOLD BY RING CONSTITUTES A FIRE ALARM SYSTEM OR MEETS THE REQUIREMENTS OF ANY STATE/PROVINCIAL OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD, SUCH AS NFPA 72. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE REQUIREMENTS OF ANY APPLICABLE STATE/PROVINCIAL OR LOCAL LAW, CODE, ORDINANCE, AUTHORITY HAVING JURISDICTION OR INDUSTRY STANDARD THAT MAY APPLY TO THE INSTALLATION, USE AND SERVICE OF ANY SMOKE ALARM AND CARBON MONOXIDE DETECTOR SOLD BY RING. UNLESS OTHERWISE PROVIDED BY LAW OR THE MANUFACTURER, SMOKE ALARMS ARE NOT TO REMAIN IN SERVICE LONGER THAN TEN (1O) YEARS FROM THE DATE OF MANUFACTURE AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU MUST REPLACE SMOKE ALARMS EVERY TEN (10) YEARS AT A MINIMUM , AND SOONER AS NEEDED. IF A SMOKE ALARM FAILS TO PROPERLY OPERATE DURING ANY TEST AT ANY TIME, YOU MUST STOP USING THE SMOKE ALARM AND REPLACE IT IMMEDIATELY.
XX.FOR USE AT CURRENT REGISTERED SINGLE FAMILY RESIDENTIAL OR ELIGIBLE COMMERCIAL ADDRESS ONLY.
THE ALARM PRODUCTS AND ALARM SERVICES ARE INTENDED FOR USE ONLY AT YOUR REGISTERED SINGLE FAMILY RESIDENTIAL OR ELIGIBLE COMMERCIAL ADDRESS (as defined below). THE ALARM PRODUCTS ARE NOT CERTIFIED BY UNDERWRITERS LABORATORIES OR ANY SIMILAR OR LIKE CERTIFICATION, THE ALARM PRODUCTS AND ALARM SERVICES MAY NOT FUNCTION, OR PROPERLY FUNCTION, IF ANY OF THE ALARM PRODUCTS ARE INSTALLED OR ANY OF THE ALARM SERVICES ARE USED AT ANY LOCATION OTHER THAN YOUR REGISTERED SINGLE FAMILY RESIDENTIAL OR ELIGIBLE COMMERCIAL ADDRESS. YOU HEREBY AGREE NOT TO INSTALL OR USE YOUR ALARM PRODUCTS OR ALARM SERVICES AT ANY LOCATION OTHER THAN YOUR REGISTERED SINGLE FAMILY RESIDENTIAL OR ELIGIBLE COMMERCIAL ADDRESS, AND NEVER TO INSTALL OR USE THE ALARM PRODUCTS OR ALARM SERVICES AT ANY LOCATION OTHER THAN YOUR REGISTERED SINGLE FAMILY RESIDENTIAL OR ELIGIBLE COMMERCIAL ADDRESS. DO NOT INSTALL OR USE YOUR ALARM PRODUCTS OR ALARM SERVICES AT A MULTI-FAMILY DWELLING, OR A COMMERCIAL ADDRESS THAT IS NOT AN ELIGIBLE COMMERCIAL ADDRESS. YOU HEREBY RELEASE AND HOLD RING AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ALARM PRODUCTS OR ALARM SERVICES AT AN ADDRESS OTHER THAN YOUR REGISTERED SINGLE FAMILY RESIDENTIAL ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS.
“ELIGIBLE COMMERCIAL ADDRESS” IS STRICTLY LIMITED TO THE FOLLOWING: (I) A BUSINESS ESTABLISHMENT THAT IS UTILIZING THE ALARM PRODUCTS OR SERVICES AS AN INTRUSION DETECTION SYSTEM ONLY, AND NOT AS A FLOOD, FREEZE, FIRE, SMOKE OR CARBON MONOXIDE DETECTION SYSTEM; (II) A BUSINESS ESTABLISHMENT THAT HAS INSTALLED AND IS UTILIZING THE ALARM PRODUCTS IN ACCORDANCE WITH THESE ALARM TERMS AND CONDITIONS AND IN ACCORDANCE WITH RING’S DOCUMENTATION AND INSTRUCTIONS CONCERNING INSTALLATION, MAINTENANCE, AND USE OF THE ALARM PRODUCTS, RANGE OF THE ALARM PRODUCTS AND/OR LIMITATIONS OF THE ALARM PRODUCTS; AND (III) A BUSINESS ESTABLISHMENT THAT IS NOT OTHERWISE GOVERNED BY, OR SUBJECT TO, ANY FEDERAL, STATE OR LOCAL CODES, LAWS, ORDINANCES, REGULATIONS, STANDARDS OF PRACTICE, UNDERWRITERS LABORATORIES CERTIFICATION OR OTHER SIMILAR OR LIKE CERTIFICATION, COMPLIANCE REQUIREMENTS, INSURANCE REQUIREMENTS, LEASE REQUIREMENTS OR ANY OTHER AGREEMENTS OR REQUIREMENTS BETWEEN OR AMONG THE CUSTOMER AND ANY THIRD PARTY(S), IN EACH CASE REGARDING THE DESIGN, PURCHASE, INSTALLATION, USE, TESTING, REPAIR, MAINTENANCE, INSPECTION AND/OR MONITORING OR SERVICE OF AN INTRUSION DETECTION SYSTEM OF ANY KIND OR SORT. YOU HEREBY RELEASE AND HOLD RING AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR PURCHASE, INSTALLATION AND/OR USE OF THE ALARM PRODUCTS AND/OR ALARM SERVICES FOR OR AT A LOCATION OTHER THAN A REGISTERED ELIGIBLE COMMERCIAL ADDRESS.
XXI. RING CUSTOMER SERVICE AND SUPPORT.
You understand and agree that any customer service and any customer care and support offered or provided by Ring is not a 999, 112, 911 or any other emergency service or dispatch center, or an emergency service provider or dispatch service. PLEASE DO NOT CONTACT RING CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY RING WITH ANY LIFE/SAFETY, PROPERTY RISK, FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL ISSUES OR OTHER EMERGENCIES. IF YOU HAVE ANY SUCH EMERGENCY. YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 999, 112, 911 OR ANY OTHER APPROPRIATE EMERGENCY RESPONSE SERVICE.