The undersigned customer of BAY ALARM COMPANY (“You” or “Customer”) consents to receive text messages from BAY ALARM COMPANY. As part of this consent, You represent and warrant the following:
(1) The BAY ALARM COMPANY may send text messages in various formats and with various contents, including text messages related to alarm signal notifications.
(2) You are the owner or authorized user of the mobile phone number identified below. You will notify BAY ALARM COMPANY immediately if you are no longer the owner or authorized user of the mobile phone number identified below.
(3) You are solely responsible for any message and data charges associated with such text messages.
(4) You have received, have read, and understand the text messaging terms and conditions provided by BAY ALARM COMPANY. By submitting this opt-in form, You agree to comply with the terms and conditions.
(5) To stop receiving text messages from BAY ALARM COMPANY, text STOP to the ten digit long or short code from which the text messages are being sent. You will then receive confirmation of your opt-out of BAY ALARM COMPANY’s text messaging program. You may also opt out by providing written notice to BAY ALARM COMPANY at 5130 Commercial Circle, Concord CA 94520 or by emailing BAY ALARM COMPANY at firstname.lastname@example.org or calling (800) 610-1000.
(6) By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of BAY ALARM COMPANY services.
(7) BAY ALARM COMPANY does not impose a separate fee for sending BAY ALARM COMPANY text messages under the BAY ALARM COMPANY Program. However, message and data rates may apply to each text message sent or received in connection with the BAY ALARM COMPANY Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information. If you do not wish to receive text messages from BAY ALARM COMPANY or others acting on BAY ALARM COMPANY’s behalf, or do not wish to comply with the terms and conditions, you should NOT submit the opt-in form.
Please read these SMS/Text Messaging Terms & Conditions carefully.
By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing text messages from BAY ALARM COMPANY, including text messages made with an automated service at the mobile phone number(s) you provide.
BAY ALARM COMPANY offers its text messaging program whereby BAY ALARM COMPANY will text message you to provide you with information concerning alarm activity (the “BAY ALARM COMPANY Program”). You agree that you will not use the BAY ALARM COMPANY Program for any illegal or unlawful purposes. No contract terms may be bound or amended via text message.
Under the BAY ALARM COMPANY Program, the number of BAY ALARM COMPANY text messages that you receive may vary depending upon your account activity and your communication with BAY ALARM COMPANY. Excessive SMS activity sent to You, as periodically defined by Bay Alarm, may be grounds to cancel Your use of the BAY ALARM COMPANY program and is subject to general BAY ALARM COMPANY excessive signal / false alarm policies.
Supported Carriers; Interruption
The BAY ALARM COMPANY Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The BAY ALARM COMPANY Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the BAY ALARM COMPANY Program are available on all equipment/mobile devices, or through all wireless carriers. BAY ALARM COMPANY may, from time to time, in its discretion and without notice to you, limit the carriers that support the BAY ALARM COMPANY Program. Certain other carriers may not support the BAY ALARM COMPANY Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The BAY ALARM COMPANY Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of BAY ALARM COMPANY’s control, and BAY ALARM COMPANY is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the BAY ALARM COMPANY Program. If BAY ALARM COMPANY Program is not available within your intended location, you agree that your sole remedy is to cease using the BAY ALARM COMPANY Program.
Changes to SMS/Text Messaging Terms & Conditions
BAY ALARM COMPANY may revise, modify, or amend these BAY ALARM COMPANY SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the BAY ALARM COMPANY website. You agree to review these BAY ALARM COMPANY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive BAY ALARM COMPANY text messages will indicate your acceptance of those changes.
Release; No Warranties; Limitation of Liability
By participating in the BAY ALARM COMPANY Program, you agree to release and hold harmless BAY ALARM COMPANY and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with use of BAY ALARM COMPANY Program, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE BAY ALARM COMPANY PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. BAY ALARM COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall BAY ALARM COMPANY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the BAY ALARM COMPANY Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from BAY ALARM COMPANY Program, or your use thereof, regardless of the theory of recovery, is $10.00.
The law of the State of California, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the BAY ALARM COMPANY Program, or any text messages between you and BAY ALARM COMPANY or anyone acting on your or BAY ALARM COMPANY’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (800)610-1000, by mail at 5130 Commercial Circle, Concord, CA 94520, or by email at email@example.com
Carriers are not liable for delayed or undelivered messages.
You can reply to any SMS with ‘HELP’ for further assistance.