Iris® Terms of Service
Effective Date: March 20, 2017
1. This is a Legal Agreement.
THIS AGREEMENT CONTAINS CERTAIN PROVISIONS, LIMITATIONS, EXCLUSIONS, PROMISES MADE BY YOU, AND NOTICES THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO, GIVING UP YOUR RIGHT TO GO TO COURT TO HAVE A JUDGE OR JURY HEAR A DISPUTE YOU HAVE WITH US (SEE SECTION 7, ARBITRATION), DISCLAIMING ALL WARRANTIES (PROVIDING IRIS TO YOU ON AN “AS-IS” BASIS), LIMITING OUR LIABILITY TO YOU, AND YOUR CONSENT TO OUR RECURRING BILLING TO AND COLLECTION FROM YOUR PAYMENT METHOD FOR PAID SERVICES YOU SELECT AT SIGN-UP (OR LATER) OR UPON EXPIRATION OF A PROMOTIONAL TRIAL.
We reserve the right to change these Terms at any time by updating the relevant page on our website, www.irisbylowes.com, without providing additional notice to you. Your consent to these changed terms by continuing to use Iris.
For the purpose of these Iris Terms of Service:
“Iris” or “Iris System” means all of the Iris Products (for example the Iris Hub); the Iris software platform; compatible devices; your Iris Account; Iris customer service; Iris call centers; the Iris websites, web applications, and mobile application; other user interfaces we may offer; and Iris Services we provide in conjunction with the Iris Products.
“Iris Account” or “Account” means the profile you create on an Iris application or on www.irisbylowes.com in order to use the Iris Products and Services. The Iris Account contains user information and is protected by your password.
“Products” means all of the smart devices that you connect to Iris and includes Iris Products, Certified Products, and Uncertified Devices. “Iris Products” are all of the devices branded with the Iris name and logo, such as the Iris Smart Hub and Iris Smart Plug; “Certified Products” are devices that have both our logo and the phrase “Works with Iris or the “Works with Iris” logo as listed on irisbylowes.com (these are third party items we have tested or that the third party made to a recognized standard that Iris uses); and Uncertified Devices are devices that may work with Iris but that we have not tested and that do not have our logo.
“Iris Services” or “Services” means the options and features, both free and paid, that we provide to Iris users, including the software and technology platforms, that are more fully described at www.irisbylowes.com. The price and scope of the Services are subject to change so you should refer to www.irisbylowes.com for the latest details and for any additional terms or restrictions. Some of these services may require you to purchase or own certain Products to enable their features and functionality.
“You,” and “your” refer to the person accepting these Terms.
3. Your Account
3.1 Account Registration. By using Iris, you represent to us that you are legally allowed to enter into a binding contract with us, are over the age of 18 years or older, and understand your ability to use and access the Iris Service are conditioned on your compliance with this Agreement. Further, you represent and warrant that all information you provide us, including for Iris registration and Account creation, is truthful and accurate and that you will update such information so that it remains truthful and accurate.
3.2 Control of Your Iris Account. If you use Iris, you are responsible for maintaining the confidentiality of your Iris Account and password and for restricting access to your devices with Iris access, and you agree to accept responsibility for all activities that occur under your account or password. Similarly, you are responsible for the actions of any person you give authority to access your Iris System.
3.3 Billing. You are responsible for charges on the date you select Iris Services that have a monthly fee (“Billing Date”) and will continue month-to-month until you cancel your service or we terminate it. We automatically bill your Payment Method each month on the calendar day corresponding to your Billing Date. In the event your Billing Date is a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Iris Service on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary (for reasons that may include promotional offers), and you authorize us to charge your Payment Method for such varying amounts.
FOR ALL PAID SERVICES, WE WILL BILL YOUR CREDIT CARD OR PAYMENT METHOD AUTOMATICALLY ON YOUR BILLING DATE, AND ON A RECURRING BASIS UNTIL YOU CANCEL THE SERVICES REQUIRING PAYMENT. FOR USERS OF A PROMOTIONAL OFFERING FOR PAID SERVICES, YOU SHOULD UPDATE OR CANCEL ANY PAID SERVICES BEFORE YOUR TRIAL ENDS TO AVOID RECURRING BILLING IF YOU DO NOT WISH PAY FOR SERVICES.
3.4 Changes, Cancellations, and Failure to Pay. You may change the Services you purchase in accordance with this Agreement and any other terms posted with the Service. Any request to change your Services will take effect as soon as the Iris System processes the request (the "Effective Date"). This may or may not correspond to your existing Billing Date or the date you requested the change, so you should submit your request in advance of the date you want the Service to change or end to avoid partial billing. In the event the Effective Date and Billing Date do not match, Your service fees will be pro-rated if you select higher priced Services, or a pro-rated refund (credit) may be granted if you select a lower priced or unpaid Services or cancel a Service altogether. Any and all pro-rations or refunds will be based upon the difference between the Effective Date and the Billing Date as solely determined by us and will show up as a respective charge or credit via your Payment Method. You will receive prompt confirmation of any service change either directly from Iris or via email.
TO CHANGE OR CANCEL YOUR SERVICE, LOGIN TO YOUR ACCOUNT AT WWW.IRISBYLOWES.COM AND NAVIGATE TO THE “SUBSCRIPTION” SECTION AND UPDATE YOUR PREFERRED SERVICES OR SUBMIT A CANCELLATION TO CANCEL THE DESIRED SERVICE.
If you cancel the Iris Service altogether by closing Your Account, your cancellation will be effective as of the Effective Date. You will receive a pro-rated refund to the Payment Method on file as described in this Section. Should you have an invalid Payment Method on file, you may not receive your refund. Cancelling your Service won`t affect your ownership of any Products that you have purchased from us or others, or your obligation to pay for them, and we`ll be under no obligation to accept their return, or provide any credit or refund for them relating to cancellation or termination of Iris Service.
If you fail to make any payment when due, or if you breach any part of this Agreement, we may immediately terminate your Iris Service without any notification or compensation or liability to you in addition to any other legal or equitable remedy we may have, such as to pursue balances owed.
3.5 Payment Method. Registration, activation, and use of Iris may require a credit or debit instrument (“Payment Method”) acceptable to us. By submitting your Payment Method to us you represent and warrant that you are authorized to use the Payment Method, including to meet your obligations under this Agreement. We will bill any monthly fees or other charges to the Payment Method you provide to us during registration.
If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging in at www.irisbylowes.com and proceeding to the manage subscription section. If your Payment Method reaches its stated expiration date or otherwise ceases to accept charges and you do not edit your Payment Method information or cancel your User Account and all card services, you authorize us to, at our discretion, (1) continue billing that Payment Method and you remain responsible for any uncollected amounts, (2) contact you for an alternate form of payment, including paying any amounts that remain outstanding or uncollected, or (3) terminate your use of Iris and you will remain responsible for any uncollected amounts. As part of the benefit of your Iris Service, certain Payment Method providers may provide us the ability to subscribe to automatically receive updated Payment Method information, such as if your provider issues you a new credit card to replace a lost, stolen, or compromised credit card.
For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. It is your responsibility to check with the issuer of your Payment Method for details on any interest, fees, or charges associated with your Payment Method.
You authorize us to obtain a non-investigative consumer report, commonly referred to as a credit check or credit report, about you from a consumer reporting agency at any time that you are signed up to receive the Iris Services. You have the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the Fair Credit Reporting Act. You must request any additional credit information in writing. You release us from any liability in connection with such investigation.
3.6 Fees, Charges, Taxes, and Credits. All fees, charges, and taxes, if any, are payable in advance via your Payment Method and billed in accordance with this Agreement. You agree to pay all charges for the level of Service you select and any applicable federal, state, or local taxes.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or through other Iris notifications.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances.
3.7 Promotional Offerings. Your Iris membership may start with a promotional trial of paid Services. This trial will last for as long as we specify during sign-up. You should note that promotional trials may not be combined with any other offers. You must have a current valid accepted Payment Method as indicated during registration for a promotional trial, to use the Iris Service. Certain eligibility restrictions may apply. See www.irisbylowes.com for details.
We will begin billing your Payment Method for selected services at the current price listed on www.irisbylowes.com at the end of the initial promotional offering unless, prior to the end of the free trial period, you cancel the selected service in the manner specified in the offering. To view the specific details of your Iris Services, login to your account at www.irisbylowes.com and navigate to the “subscription” section. Your Payment Method will be authorized for up to approximately one (1) month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made (settled) against the Payment Method unless you do not cancel prior to the end of your initial promotional offering in the manner specified in the offering. You may receive a notice from us that your initial promotional offering has ended or that your paid subscription to your Premium Service has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL IN THE MANNER SPECIFIED IN THE OFFERING, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. TO DO SO, LOGIN TO YOUR ACCOUNT AT WWW.IRISBYLOWES.COM AND NAVIGATE TO THE “SUBSCRIPTION” SECTION AND UPDATE OR CANCEL YOUR SERVICE. We will continue to bill your Payment Method on a monthly basis for any paid Service fee until you either change to a free version (if any) or cancel your service. You may cancel or change your Iris Service at any time.
4. IRIS FEATURES AND REQUIREMENTS
4.1 System Requirements. To use Iris with Products you will need (i) the Products you wish to work with Iris, (ii) broadband internet access for your Products and Iris System and (iii) a supported user interface(s) to install, configure, and use Iris, to create and manage your Iris Account, and control, manage, and communicate with Iris and your Products. Your ability to use Iris and the performance of Iris may be affected by the devices you use, your internet connection, and compatible software. The devices you use to access user interfaces (such as your mobile phone, tablet, laptop, or other device) must meet system and compatibility requirements to access Iris as solely determined by us. We may update and modify system and compatibility requirements in our sole discretion. You acknowledge that system and compatibility requirements updates and modifications may result in your devices no longer being compatible with Iris. You are responsible for continuing to ensure that your devices meet updated or modified system and compatibility requirements.
4.2 Broadband Internet and Power Required for Iris Operation; Iris not responsible for your internet or electricity. The Iris hub system needs to operate over broadband Internet connection or cellular service to send and receive information from your Products, including to use any notification, alarm event, or alert functions, so it is important that you have a reliable and working broadband connection. If Iris loses power your Iris hub may continue to operate in the home on its battery, but your Iris Service may be inoperable or limited unless you have functioning Cellular Service. Your receipt of notifications sent to you by Iris depends on your various devices and service providers (and equipment they supply you to deliver their services). We cannot and do not provide any guarantees for the availability or security of these products and services (including any equipment not provided by us). It is your responsibility to ensure that your Iris hub’s batteries have power.
4.3 Smart Device Standards. Iris may use various open or commonly available standards or means to work with smart, or connected, devices that are also used by other systems or services in relation to smart or connected devices and products, including Z-Wave, Zigbee HA, Wi-Fi, Bluetooth, and IP devices. However, not all smart or connected devices will work with Iris, or may have limited features or functionality, even if designed to operate using these connection methods.
4.4 Uncertified Devices. You agree we are not responsible for any failures as a consequence of attempting to register or use Uncertified Devices with Iris, even if those devices are sold by us. When you attempt to register an uncertified device with Iris, we accept no responsibility for the device’s operation and reserve the right to disconnect it from Iris. In addition, you agree we may terminate your Account without any notification or compensation or liability to you if we, in our sole discretion, believe an Uncertified Device’s operation causes an issue to Iris, your Iris Service, or with our liability to you or others.
4.5 Limitation of Product Warranty. UNLESS WE PROVIDE YOU AN EXPRESS WARRANTY COVERING AN IRIS PRODUCT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR PRODUCTS, AND THAT WE MAKE NO WARRANTY OF ANY KIND AS TO PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR PRODUCTS.
4.6 Product or Service Registration with Others. Some Products or third party services require registration in order to function, work with Iris, or access all the features or uses You may want from those Products or third party services. You understand that your registration with third parties may contain terms, conditions, privacy statements or notices, limitations, and exclusions between you and these third parties. You agree we are not responsible to you for these additional registration requirements and you agree to look solely to these third parties for any issues, concerns, loss, damages, harm, or liability related to the requirement to register your Products and the terms of such registration.
4.7 Smoke and Carbon Monoxide Detectors / Battery-Powered Devices: YOU AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY LAW, CODE AND REQUIREMENTS THAT APPLY TO INSTALLATION OR SERVICE OF SMOKE OR CARBON MONOXIDE DETECTORS. THE INSTALLATION OF SUCH DEVICES DOES NOT NECESSARILY CONSTITUTE A FIRE ALARM SYSTEM AS MAY BE REQUIRED BY LOCAL CODE OR DESCRIBED IN NFPA 72; SUCH DEVICES REQUIRE ELECTRICITY AND BATTERIES FOR PROPER OPERATION AND IT IS YOUR RESPONSIBILITY TO REGULARLY TEST SUCH DEVICES AND REPLACE BATTERIES AND THE DEVICE AS RECOMMENDED BY DEVICE MANUFACTURER. YOU ARE SOLELY RESPONSIBLE TO CHECK AND REPLACE BATTERIES THAT ARE LOW OR DEAD.
We makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by any local authorities over fire alarm systems in your premises. We recommend that you have a fire alarm system installed by a licensed alarm professional pursuant to NFPA 72 standards and your local authorities’ recommendations.
4.8 Restrictions Outside the United States. You may not use Iris or Products outside the United States, or with or on an asset or property outside the United States. You may access, control, and manage Iris from outside of the United States for an Iris hub and associated Products located on an asset or property within the United States. Your access to Iris while outside the United States may incur additional charges from third party providers (such as your cellular service carrier for your mobile phone you use to access Iris) or be limited, disrupted, or prevented due to third-party equipment or service limitations.
5. Privacy and Security.
5.1 Privacy. The Iris Privacy Statement describes how we collect, use, share, and protect information when you visit the www.irisbylowes.com site or use Iris products, services, or applications. It also contains other important privacy disclosures, such as how we may update the Privacy Statement. Please see the Iris Privacy Statement for more information.
5.2 Contacts and Notification. We may provide you the ability to have your Iris notifications sent to people other than you. By choosing these options, you agree you are providing us with the authority to send these contacts certain information about your Iris Service, devices, and account as indicated by the options you choose and how you manage them (such as which device’s alarm events notify a particular contact). You also agree we are not responsible to you for the failure of the contact to receive a notification due to circumstances that are not within our direct control or which we would not be responsible to you if you were the contact set to receive the notification (such as the contact’s use of an unsupported device, data restrictions on the contact’s device, or turning off the ability to receive certain types of notifications, such as push notifications or text messages) or for your contact’s actions or failure to act in response to a notification. You are responsible for ensuring that all of your contact’s information is up to date and accurate.
5.3 Security. We care about the integrity and security of your personal information, your Iris System and Service, devices, user interfaces, computers, networks, product data, and home. However, unauthorized third parties may be able to defeat our security measures or use your personal information, your devices, or the Iris System for improper purposes. You provide your personal information at your own risk. Furthermore, you alone are responsible for protecting your computer hardware, software, network, data, Products, devices (including those you use to access Iris, user interfaces) and home from unauthorized access, and viruses, spyware, and all other types of malicious code. You are responsible for keeping any passwords, PIN numbers, or security question answers used for accessing Iris confidential, and for keeping keyfobs (as applicable) under your control and secure. You must notify us immediately if you believe that the security of your account may have been compromised in any way. You acknowledge that data transmitted between you and us may be intercepted, lost or compromised by others and we accept no liability for the interception, loss or compromise of such data.
5.4 Video and Audio Requirements; Consent; Storage; Retention. If your Iris system captures, records, stores, or sends video or audio, then you agree to (i) inform all persons on your premises that they may be monitored by video; (ii) not use or permit the use of Products that stream or record video or audio installed where any person may have a reasonable expectation of privacy; and (iii) not use the video or audio system for any unlawful activity. You, on behalf of yourself and as the authorized agent of your family, guests, agents, employees, representatives, and any person you permit to access your Iris System (collectively, “Your Group”), hereby consent to us intercepting, recording, storing, retrieving, reviewing, copying, disclosing, and using the contents of all Covered Communications. “Covered Communications” means all telephone, cellular phone, video, wire, oral, electronic, internet, broadband, and other forms of transmissions or communications to which you and/or any individual in Your Group is a participant that are captured by, recorded by, sent from, sent through, or received by any part of the Iris System. Subject to applicable laws and other legal requirements, we may determine in our sole discretion the period during which we will store data we receive from you related to the your Iris System, including, but not limited to, audio and video data transmitted to us from your Iris System. We may delete all or any portion of that data at any time for any reason, or no reason, without providing notice to you. YOU AGREE THAT WE WILL HAVE NO LIABILITY TO YOU ARISING FROM OUR DELETION OF VIDEO OR AUDIO DATA TRANSMITTED TO US FROM YOUR IRIS SYSTEM.
6. Warranties’ Disclaimer, Limitation of Liability, Exclusive Remedy, and Indemnity
6.1 AS-IS; Warranties’ Disclaimer and Releases from You. WE PROVIDE IRIS TO YOU ON AN “AS-IS” BASIS AND MAKE NO WARRANTIES OF ANY KIND AS TO IRIS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY PROVIDED BY US IN WRITING AND SPECIFICALLY REFERENCING THAT SUCH WRITING IS AN EXPRESS WARRANTY OR GUARANTEE, AND THEN ONLY TO THE EXTENT OF SUCH WRITTEN WARRANTY OR GUARANTEE PROVIDED BY US, AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF IRIS. NOTHING IN THIS AGREEMENT IS A WARRANTY OR GUARANTEE OF ANY KIND AS TO IRIS.
FOR CALIFORNIA RESIDENTS, ALL RELEASES IN THIS AGREEMENT ARE MADE BY YOU WITH THE UNDERSTANDING AND ACKNOWLEDGEMENT THAT YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THEM, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6.2 NO GUARANTEE. WE MAKE NO WARRANTY THAT ANY DEFECTS, ISSUES, OR ERRORS RELATING TO IRIS WILL BE CORRECTED OR THAT IRIS WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR HOME NETWORK OR DEVICES YOU WISH TO USE AS YOUR USER INTERFACE WITH IRIS OR YOUR OTHER SERVICE PROVIDERS, BE FREE OF ERRORS OR DEFECTS, OR BE ACCURATE OR RELIABLE OR MEET ANY OTHER PARTICULAR NEEDS YOU MAY HAVE UNLESS WE HAVE PROVIDED YOU WITH A WRITING THAT SPECIFICALLY STATE THAT IT IS AN EXPRESS WARRANTY OR GUARANTEE, AND THEN ONLY TO THE EXTENT OF SUCH WRITTEN WARRANTY OR GUARANTEE.
6.3 Limitation of Liability. We accept no liability for the failure of the system and you should not use the system in applications where any such failure could result in hazards, damage or losses of any kind. You acknowledge that we are not insuring you against any losses that may result from any failure of the Iris services.
6.4 Iris Does Not Eliminate Underlying Events. Iris equipment and services cannot eliminate occurrences of events including, but not limited to, fires, floods, burglaries, robberies, and medical issues. We make no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that Iris will detect, avert or minimize such incidents or their consequences. We do not accept any risk that you or your property, or the person or property of others, may be subject to damage, injury or loss if such an event occurs, and we accept no liability for any such damage, injury or loss. The allocation of such risk remains with you and not with us. In accepting these Terms, you release, waive, discharge and promise not to sue or bring any claim of any type against us for any damage, injury or loss relating or alleged to relate in any way to the equipment or services provided by us.
6.5 Exclusion of Consequential Damages. IN NO EVENT WILL WE BE LIABLE TO YOU (AND IN NO EVENT WILL YOU ATTEMPT TO HOLD US LIABLE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AGGRAVATED, EXEMPLARY OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OPPORTUNITY COSTS AND ANY SUCH DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS) WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RELATED TO YOUR USE OF IRIS OR ANY SERVICE OR PRODUCT UNLESS OTHERWISE EXPRESSLY AGREED TO BY US.
6.6 No Insurance; Subrogation Waiver. You acknowledge that we are not providing insurance of any type. Your payments are not insurance premiums. Our fees for Services and Products are not related to the value of your property, anyone else`s property located in your premises or any risk of loss at your premises. Fees for Services are based solely upon their own inherent value and reflect the limited liability that we assume under this Agreement. You should protect against any risk of loss at your property with the appropriate insurance coverage. In the event of any loss, damage or injury, you must look exclusively to your insurer, and not to us, for compensation. In accepting these Terms, you release and waive for yourself and your insurer all subrogation and other rights to recover against us arising as a result of the payment of any claim for loss, damage or injury
6.7 Liquidated Damages of $500. It is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by us to perform any of our obligations. If, notwithstanding the provisions of Section 6, we are found liable for loss, damage or injury under any legal theory relating in any way to Iris, our liability to you shall be limited to $500. This agreed-upon amount is not a penalty. Rather, it is your sole remedy.
6.8 Regardless of Cause. The provisions of this Section apply no matter how any alleged loss, damage, injury or other consequence occurs, even if due to the performance or non-performance by us of our obligations or from negligence (active or otherwise), strict liability, violation of any applicable law, or any other theory of liability or alleged fault on the part of us, our agents or our employees.
6.9 Indemnity. If any other person or entity, including your subrogating insurer, makes any claim or files any lawsuit against us in any way related to your possession, purchase, use, ownership, receipt of, registration for, Account creation for, or participation in the equipment or services (including the Iris Service) provided by us or on our behalf, you agree to indemnify, defend and hold us harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys` fees. Your duty to defend is separate and distinct from the duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against us and regardless of whether we have been found liable or incurred any expense.
7.1 ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT PROCEEDINGS.
7.2 Binding arbitration. You agree to submit any claim, dispute, action, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this Section. Further you agree arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of Iris. Any dispute or claim made by you against us arising out of or relating to these this Agreement or your use of Iris (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
7.3 Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Care Center at email@example.com or 1-855-469-4747 to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after such notice. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of a nation-wide arbitration organization (such as the American Arbitration Association) as modified by this agreement. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and Lowe`s agree otherwise, any arbitration will take place in Charlotte, North Carolina or another location within 150 miles of your residence which we agree to with you, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party`s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator`s rules. Any arbitration shall be confidential, and neither you nor Lowe`s may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
7.4 Costs of arbitration. All administrative fees and expenses of arbitration will be divided equally between you and Lowe`s. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
8. Time Limit for Claims; Third Party Beneficiaries.
8.1 Time to Bring Claim or Suit. Notwithstanding the Arbitration Section, no arbitration, suit or action can be brought against us more than one (1) year after the date of the incident alleged to have resulted in the loss, injury or damage (or, if greater, the shortest duration permitted under applicable law).
8.2 Benefit to Others. The provisions of Sections 7 and 8 shall apply to and benefit us and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents (both direct and indirect), affinity marketers and other third party suppliers, providers, and partners.
8.3 Other Party`s Limitation. If you purchased equipment or services from us through another entity or person (or based on a referral from another entity or person), you accept that such other entity or person acts solely as an independent contractor and that such other person or entity is entitled to the same rights to which we are entitled under this Agreement, including Sections 7 and 8.
9. Contact Information and Interpreting the Contract.
9.1 Official Contact. Please send any formal notices to us by email at firstname.lastname@example.org (Iris Solutions Center 1377803835565) and confirm them by mail to Iris, PO Box 1000, (Mail Code NB5BD), Mooresville, NC 28115.
9.2 Non-Waiver. Our failure to exercise any of our rights under this Agreement shall not be deemed to be a waiver of such rights or a waiver of any breach of this Agreement. We may assign any of our rights or delegate any of our obligations under this Agreement without Your prior consent. you shall not assign any of Your rights, nor delegate any of your duties, under this Agreement without our prior written consent.
9.3 Severable Agreement. If any term or provision of this Agreement should be held to be invalid, unenforceable, or illegal, such holding will not invalidate or render unenforceable any other provision of this Agreement, and the remaining provisions will be unimpaired.
9.4 Choice of Law. North Carolina law shall govern and guide the interpretation of this Agreement, without regard to the choice of law rules of any state, except that the Federal Arbitration Act governs the Arbitration Section. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action that is not subject to arbitration, if any, relating to this Agreement shall be a federal or state court in Statesville, North Carolina, and you consent to such jurisdiction and venue.
9.5 Complete Agreement. The Agreement is the entire agreement between you and us concerning Iris. The Agreement replaces and supersedes all earlier written agreements and all oral agreements, whether earlier or at the same time as this Agreement, concerning Iris.
9.6 Survival. The provisions in these Terms that, by their nature, do not terminate with the termination of these Terms will survive the termination of these Terms. The surviving provisions include, but are not limited to, Sections 3.4, 3.6, 4.5, 4.7, and 5-13.
10. Term and Termination.
10.1 Term. These Terms will remain in effect so long as you continue to access or use Iris, or until terminated in accordance with the provisions of these Terms. You agree we may, in our sole discretion, suspend or terminate your Iris Services or access to Iris at any time for any reason, including if we believe or suspect in good faith that you have violated, or are alleged by a third party to have violated, any part of this Agreement.
10.2 Effect of Termination. In addition to our termination rights described throughout these Terms, you may terminate the Agreement by cancelling your Account. Upon termination by either you or us, access to your Account and your right to use the Iris Service will end. Termination will not change your liability for charges, fees, subscriptions, and payments until the termination is effective. Termination creates no liability to us for Products and no obligation to accept returns of Products.
11.1 Core Services and Service Availability. The Core Services in section 11.1 are applicable to all Iris Systems regardless of your chosen Iris Services.
11.1.1 Iris Service Availability; No Uptime Guarantee or Warranty; Temporary Suspensions. While we strive to maintain Iris in ways to avoid any interruptions, suspensions, or “down time,” we do not offer any uptime guarantee or a warranty for Iris. Iris Service may be temporarily suspended without notice for security reasons, system failure, maintenance and repair, Upgrades, or circumstances beyond our reasonable control. If you set up your preferences to send your notifications to a working device, if there is a loss of power we will send a notification that your broadband has failed, but that notification will not provide the specific reason or reasons for the failure. You agree that you will not be entitled to any credit, refund, or rebate for suspensions, modifications, limitations, or loss of service. We will not be responsible for, nor provide a credit or refund for, loss or interruption in Iris Service or the benefits of the Iris Service to you caused by third parties, including your internet broadband service provider, cell phone service provider, or utility providers, or any equipment a third party provides to you or you use to access the Iris user interfaces.
11.1.2 Importance of Notifications. Your desired uses of Iris may require you to receive notifications from us and your Iris System. Depending on choices you make and options we make available to you, these notifications may include important email, push notifications, phone calls, videos, text messages, in app notifications, or other forms of communication we may use or develop, relating to alerts, system status and important account updates (not all communication types may be available to you).
11.1.3 Notification Reliability and Compatibility; Charges. Your ability to receive, and your receipt of, notifications depends on your various devices, service providers, and options we make available to you. Also, within Iris, your devices, or the devices you use to interface with Iris (such as your mobile phone using an Iris mobile application), you may have the ability to select whether, when, or how you receive such notifications. Given these factors, we cannot and do not provide any guarantees for your ability to receive notifications we send to you or your contacts. You must test your Iris System to ensure compatibility and reliability of notifications and your ability to receive them. You are responsible for (i) reviewing your plan with your carrier for any charges related to notifications, such as any emails consuming data usage, and checking with your operator and test your system when travelling, particularly outside the United States, including for any additional charges that may apply or issues with use of Iris. We may use push notifications to your push-notification enabled device as the primary method of communication. As such, you are responsible for ensuring that the device you use to receive Iris notifications is a device capable of receiving push notifications and make sure the device’s settings are set to allow push notifications.
11.1.4 Events Beyond Our Control. You acknowledge that the Iris Service and equipment may experience signal transmission failures or delays for any number of reasons. You represent to us that your designated contacts are authorized to act on your behalf. You acknowledge that the Iris system employs a number of measures to help reduce occurrences of false alarms (including, without limitation, the implementation of default, minimum, or maximum settings and various procedures to determine when and how to respond or issue notification, if at all, to certain events captured by one or more devices) and you accept our use of these measures. You acknowledge that the Iris system has not been designed or programmed pursuant to any law, code or rule that may be applicable to your particular premises or jurisdiction, including, but not limited to, any state or local codes, including any requiring permits for security systems, provisions of the National Fire Protection Association, or the International Residential Code (collectively "Codes"). Where Codes require permits, you acknowledge that it is your sole responsibility to comply with the Codes and acquire any such permits.
11.2 Self Monitoring Services.
11.2.1 Generally. You may choose to use Iris to provide self-monitored, alert-based security or protection for your home. You may also choose to use Iris to provide you additional assistance in your efforts to provide care to another, or others in providing care to you. You acknowledge that the self-monitoring part of the Iris System is not an emergency response service and it cannot be connected directly to the police or other public services. It is your responsibility to monitor your system, or have another you trust to monitor your system, and respond appropriately to information and events. It is your responsibility to ensure that the appropriate notifications (including any alarm event messages) can be relayed to you and your designated contacts. It is also your responsibility to determine the appropriate response to all events and you accept that you are entirely responsible for your response and that of your designated contacts and Secondary Users. If a response incurs costs, you accept full liability for those costs. You agree that we will not be responsible for the security or care of you, those you provide care to, your family, your home or place where you use devices connected to Iris, or your possessions. You agree that we will not be responsible for any security breaches or losses under any circumstances. You acknowledge that Iris is not a lifesaving solution for people at risk in the home or your property and it is no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
11.2.2 Not Certified Emergency Response or Medical Monitoring Service; False Alarms. The Iris Service is not a certified service for emergency response and may not be directly linked to any emergency service contact numbers, such as 911 or to your local police or fire department. It is your responsibility to ensure that the appropriate notifications (including any alarm event messages) can be relayed to you and your designated contacts. It is also your responsibility to determine the appropriate response to all events and you accept that, upon receiving a notification, you are entirely responsible for your response and that of your designated contacts. Should such a response incur costs, you accept full liability for those costs.
IF YOU ATTEMPT TO USE IRIS PRODUCTS AND SERVICES FOR MEDICAL EMERGENCY OR EMERGENCY RESPONSE NOTIFICATION, YOU ACCEPT THAT SUCH USE OF THE SERVICES, REGARDLESS OF ANY DELAY, INVOLVES UNCERTAINTY, RISK AND POSSIBLE SERIOUS INJURY, DISABILITY OR DEATH, FOR WHICH YOU WILL NOT ATTEMPT TO HOLD US RESPONSIBLE OR LIABLE.
11.3. Professional Monitoring Service.
11.3.1 Applicability. The terms in this Section 11.3 will apply to customers who receive the Professional Monitoring Service. These terms supplement, and are not in lieu of, the other terms in this Agreement except to the extent that they conflict with those other terms. To the extent that there is a conflict between the terms in this Section 11.3 and the other terms in this Agreement, the terms in this Section 11.3 will control. By using the Professional Monitoring Service, you agree to all the terms in this Section 11.3. You acknowledge that we will not provide the Professional Monitoring Service to you unless you order that Service from us and we agree to provide that Service to you.
11.3.2 Our Performance of Professional Monitoring Services. The “Professional Monitoring Service” consists exclusively of monitoring service personnel (the “Monitors”) responding to alerts from your Iris System by making a reasonable effort to contact you, a public safety agency (the “Responder”) or the person or persons you designate (“PM Contacts”), in accordance with this Section 11.3. With respect to each alert we receive from your Iris System, our obligations under this Section 11.3 will be satisfied completely once a Monitor attempts to contact you, the Responder, or your PM Contact, as applicable in accordance with this Section 11.3.2. You acknowledge that the persons the Monitor will attempt to contact, and the order in which the Monitor will attempt to contact them, will vary based on the type of alert the Monitor receives from your Iris System. Before the Monitor attempts to contact a Responder, the Monitor may, but is not required to, attempt to verify the alert by (i) contacting you or your PM Contact; (ii) reviewing video or audio transmitted from your Iris System; or (iii) taking any other reasonable measures. The Monitor may also attempt to contact the Responder before attempting to contact you or your PM Contact. IF THE MONITOR REASONABLY DETERMINES THAT CONTACTING A RESPONDER IS UNWARRANTED, THEN WE AND THEY WILL HAVE NO OBLIGATION TO DO SO. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY ARISING FROM A RESPONDER’S FAILURE, INTENTIONAL OR OTHERWISE, TO RESPOND TO AN ALERT FOLLOWING NOTIFICATION FROM US.
11.3.3 Your Requirements to Subscribe and Use the Professional Monitoring Service. You represent and warrant to us that you are using the Professional Monitoring Service at a residential address. You acknowledge that the Professional Monitoring Service is not intended for commercial properties. You acknowledge and agree that you must maintain the minimum number of active devices connected to Iris to utilize the Professional Monitoring Service, and it is your sole responsibility to maintain those devices connectivity to Iris. You acknowledge that you must maintain a valid credit card to receive the Professional Monitoring Service.
11.3.4 Service Not Insurance; Release of Subrogation; Release of Insured Losses. YOU ACKNOWLEDGE THAT (I) WE ARE NOT AN INSURER (II) THE PROFESSIONAL MONITORING SERVICE IS NOT A FORM OF INSURANCE; AND (III) THE AMOUNTS YOU PAY US ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY. YOU REPRESENT AND WARRANT THAT YOU CURRENTLY HAVE AND WILL MAINTAIN INSURANCE COVERING ALL LOSSES, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), OR ECONOMIC LOSS, ARISING FROM EVENTS THAT OCCUR ON YOUR PREMISES THROUGHOUT THE TERM (“INSURED LOSSES”). YOU HEREBY RELEASE, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR INSURER, ALL SUBROGATION RIGHTS AND OTHER RIGHTS TO RECOVER FROM US THE PAYMENT OF ANY CLAIM. YOU HEREBY RELEASE, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR INSURER, ALL RIGHTS TO RECOVER INSURED LOSSES FROM US.
11.3.5 Limited Warranty; Limitation of Liability; Time Limit on Claims. EXCEPT AS PROVIDED IN THIS SECTION 11.3, WE ARE OFFERING, AND WILL PROVIDE, THE PROFESSIONAL MONITORING SERVICE TO YOU “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT WE PROVIDE TO YOU AN EXPRESS WARRANTY IN WRITING THAT SPECIFICALLY STATES THAT IT IS AN EXPRESS WARRANTY. YOU HEREBY RELEASE US AND HOLD US HARMLESS FROM LIABILITY FOR ANY LOSSES, DAMAGES, HARM, OR CAUSES OF ACTION ARISING OUT OF, OR RELATING TO THE PROFESSIONAL MONITORING SERVICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES BASED IN CONTRACT, TORT, PRODUCTS LIABILITY, EQUITY, STATUTE, OR REGULATION, ARISING FROM, OR RELATED TO, THE PROFESSIONAL MONITORING SERVICE. YOU FURTHER AGREE THAT OUR LIABILITY TO YOU FOR DIRECT DAMAGES BASED IN CONTRACT, TORT, PRODUCTS LIABILITY, EQUITY, STATUTE, OR REGULATION, ARISING FROM, OR RELATED TO, THE PROFESSIONAL MONITORING SERVICE WILL NOT EXCEED $500.00. YOU UNDERSTAND THAT SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, AND/OR PUNITIVE DAMAGES AND THAT THE EXCLUSION OF THESE DAMAGES IN THIS SECTION MIGHT NOT APPLY TO YOU. IF THE EXCLUSION OF THESE DAMAGES IN THIS SECTION DOES NOT APPLY TO YOU, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES OF EVERY KIND BASED IN CONTRACT, TORT, PRODUCTS LIABILITY, EQUITY, STATUTE, OR REGULATION, ARISING FROM, OR RELATED TO, THE PROFESSIONAL MONITORING SERVICE WILL NOT EXCEED $1,500.00. Notwithstanding the Arbitration Section, no arbitration, suit, or action related to the Professional Monitoring Service can be brought against us more than one (1) year after the date of the incident alleged to have resulted in the loss, injury or damage (or, if greater, the shortest duration permitted under applicable law).
FOR CALIFORNIA RESIDENTS, YOU AGREE THAT YOU ARE PROVIDING ALL RELEASES IN THIS SECTION 11.3 WITH THE UNDERSTANDING AND ACKNOWLEDGEMENT THAT YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THEM, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11.3.6 Indemnity. You agree to indemnify and defend us against any third party losses, damages, or expenses (including reasonable attorneys’ fees) arising from (i) our provision of, of failure to provide, the Professional Monitoring Service; (ii) your or our breach of an obligation or warranty, express or implied, in this Section 11.3; (iii) your or our active or passive, sole or joint, negligence; (iv) product or strict liability; (iv) a claim for subrogation, indemnification, or contribution; (v) a violation of any law prohibiting the interception of oral communications by electronic means; (vi) any third party’s actions or omissions in responding to an alert from your Iris system; or (vii) any claimed violation of a right to privacy, data protection law, or data breach notification law. Some jurisdictions prohibit our indemnification and defense rights in this Section 11.3.5. If you reside in one of those jurisdictions, then this Section will not apply to you.
11.3.7 Test; Start of Service. After you order the Professional Monitoring Service from us, we will test your system (the “Test”) and notify you that your system either did or did not pass the Test. You acknowledge that we will not provide The Professional Monitoring Service TO YOU or otherwise respond to alerts from Your Iris system UNTIL AFTER YOU receive NOTIFICATION that YOUR SYSTEM HAS PASSED THE TEST.
11.3.8 False Alarms. You understand that it is your responsibility to prevent false alarms and that you will be responsible for all fines, fees, costs, expenses, and penalties assessed against you or us by any government agency or court. If we must pay any such finds, fees, costs, or penalties, you agree to reimburse us promptly.
11.3.9 Right to Subcontract. In our sole discretion, we may subcontract the performance of the Professional Monitoring Service to one or more subcontractors (the “Subcontractors”). You acknowledge that those subcontractors will be third party independent contractors and not our employees, partners, or joint venturers. You agree that these Terms will inure to the benefit of, and are applicable to, any subcontractors we engage to provide the Professional Monitoring Service to you, and bind you to those subcontractors with the same force and effect as they bind you to us. You hereby authorize us to act as your agent for the purposes of working with, or providing directions to, any subcontractors we engage to perform the Professional Monitoring Service. You authorize us to share your personal information with those subcontractors.
11.3.10 Automatic Suspension of Service for Events. If any Event occurs, then you agree that our obligations and warranties under this Section 11.3 will be waived automatically without notice and you release us for all resulting losses, liabilities, damages, and expenses. “Event” means (i) the interruption, circumvention, compromise, destruction, damage to, inoperability of, or malfunctioning of a facility, equipment, or service necessary to operate your Iris system, or to provide the Professional Monitoring Service; (ii) a suspension or termination of the agreement between us and a subcontractor we engage to perform the Professional Monitoring Service; or (iii) your system sending excessive alerts to the Monitors; (iv) a Responder requesting that we suspend your Professional Monitoring Service; or (v) your use of the Professional Monitoring Service at a non-residential property.
11.3.11 Consent to Communication. You, on behalf of yourself and as an authorized agent for your PM Contacts, hereby consent to us communicating with you and your PM Contacts through live telephone or cellular phone calls, pre-recorded telephone messages using an auto-dialer, an SMS or other form of text message, email, or any other form of electronic communication. Before you provide us with your PM Contacts’ contact information, You must first (i) notify your PM Contacts that we will communicate with them using the contact information you provide us and (ii) obtain your PM Contacts’ unequivocal permission to us initiating those communications.
11.3.12 Video and Audio Requirements; Consent; Storage; Retention. If your Iris system captures, records, stores, or sends video or audio to the Monitors or Iris, then you agree to (i) inform all persons on your premises that they may be monitored by video; (ii) not use or permit the use of Products that stream or record video or audio installed where any person may have a reasonable expectation of privacy; and (iii) not use the video or audio system for any unlawful activity. You, on behalf of yourself and as the authorized agent of your family, guests, representatives, and your PM Contacts (collectively, “Your PM Group”), hereby consent to us intercepting, recording, storing, retrieving, reviewing, copying, disclosing, and using the contents of all Covered PM Communications. “Covered PM Communications” means all Professional Monitoring Service related telephone, cellular phone, video, wire, oral, electronic, internet, broadband, and other forms of transmissions or communications to which you and/or any individual in Your PM Group is a participant that are captured by, sent from, sent through, or received by the Monitors or any other part of the Iris System. Subject to applicable laws and other legal requirements, we may determine in our sole discretion the period during which we will store data we receive from you related to the Professional Monitoring Services, including, but not limited to, audio and video data transmitted to us from your Iris System. We may delete all or any portion of that data at any time for any reason, or no reason, without providing notice to you. YOU AGREE THAT WE WILL HAVE NO LIABILITY TO YOU ARISING FROM OUR DELETION OF VIDEO OR AUDIO DATA TRANSMITTED TO US FROM YOUR IRIS SYSTEM.
11.3.13 Location Specific Requirements. We are regulated by and maintain the following licensure in the states indicated, (note that not all states require licensure), and complaints against the licensee may be directed to:
Licensed by the Arizona State Board of Technical Registration, 1110 W. Washington Street, Suite 240, Phoenix, AZ 85007 (602) 364-4930, License No.: 63772; Regulated by the Arkansas Board of Private Investigators & Private Security Agencies, #1 State Police Plaza Drive, Little Rock, AR 72209, (501) 618-8600, License No.:CMPY.0002589; Licensed in California by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA 95814,License No.: ACO 7682; Licensed by the Delaware State Police, Detective Licensing, License No.: 16-263; Licensed by the Dept. of Business & Professional Regulation, State of Florida License No.: EF20000607; Licensed by the North Carolina Alarm Systems Licensing Board, (919) 788-5320, 4901 Glenwood Avenue, Suite 200, Raleigh, NC 27612, License No.: SP.FA/LV.27185; Licensed by the Oklahoma State Dept. of Health - Occupational Licensing Services Alarm Division, 1000 NE 10TH Street, Oklahoma City, OK 73117-1299, (405) 271-5217, License No.:AC440620; Licensed by the Tennessee Dept. of Commerce and Insurance, Alarm Systems Contractors Board, 500 James Robertson Pkwy 2nd Floor, Nashville, TN 37243-1168, (615) 741-9771, License No.: 8685-10410610; Complaints in Texas may be directed to the Texas Department of Public Safety, Private Security Bureau, PO Box 4087, Austin, TX 78773-0001, (512) 424-7710, License No.: 00286109; Licensed by the Commonwealth of Virginia, Dept. of Criminal Justice Services, Private Security Services Section, P.O. Box 1300 Richmond, VA 23218, (804) 786-4700, License No.: 11-15313.
In Kansas, the following prevails over any conflicting Terms of Service: Nothing in these terms shall be construed to exclude, modify or limit warranties of merchantability or fitness or any remedy provided by law for breach.
SOME MUNICIPALITIES REQUIRE AN ALARM PERMIT AND MAY NOT DISPATCH EMERGENCY PERSONNEL IF YOU DO NOT HAVE THE PROPER PERMITS. SOME MAY REQUIRE THE PERMIT TO BE ON FILE BEFORE DISPATCHING EMERGENCY PERSONNEL. SOME JURISDICTIONS REQUIRE THAT YOU OBTAIN THE ALARM PERMIT PRIOR TO THE INSTALLATION AND ACTIVATION OF THE EQUIPMENT. YOU ARE REQUIRED TO OBTAIN THE NECESSARY PERMIT(S) FROM THE LAW ENFORCEMENT AUTHORITY. IT IS YOUR SOLE RESPONSIBILITY, TO OBTAIN, PAY FOR, AND MAINTAIN ALL NECESSARY PERMIT(S). You are responsible acquiring and renewing all applicable licenses and permits required by any and all local authorities having jurisdiction while you have Professional Monitoring Services. While you have Professional Monitoring Services you must provide us with updated licenses and permit information if necessary for provision of the Services. IF YOU FAIL TO MAINTAIN ANY REQUIRED LICENSES OR PERMIT(S), WE WILL NOT BE HELD RESPONSIBLE FOR PERFORMING THE PROFESSIONAL MONITORING SERVICES AND MAY TERMINATE THE PROFESSIONAL MONITORING SERVICES WITHOUT NOTICE TO YOU. YOU ACCEPT RESPONSIBILITY, AND WILL INDEMNIFY, DEFEND, PAY AND HOLD HARMLESS US, FOR ANY AND ALL FINES AND PENALTIES ASSOCIATED WITH USING THE SYSTEM WITHOUT THE PROPER PERMITS AND LICENSES. Upon commencement of Professional Monitoring Service, We will thoroughly instruct you in the proper use of the Iris Products. Some municipalities require a third party, other than the law enforcement agency, to respond to alarm activations. We do not provide third-party alarm response service.
11.4 Cellular Services.
11.4.1 Iris Compatible Cellular Services; Available from Third Party Carriers; Iris Certified Device Required to Function. As a Service, we may make available to you one or more Iris compatible cellular data service options that will utilize cellular service to perform the function of your internet broadband connection in the event of temporary outage or unavailability (each such offering is a “Cellular Service” and together the “Cellular Services”). A particular Certified Product in the form of a cellular data modem will be required to access or use Cellular Services (a “Cellular Modem”); uncertified cellular data modems will not work with Cellular Services, or may not function as desired. Some functions and features referenced in the Manufacturer’s manual provided with your Cellular Modem or other Certified Product may not be available with Cellular Services.
11.4.2 Cellular Services and Other Parts of these Terms; Additional Terms. All portions of these Terms that reference “Iris” are deemed to include and apply equally to any Cellular Services used, accessed, or purchased by you or offered by us to you. The definition of “Iris Certified Devices” includes “Cellular Broadband Modem” and all terms relating to Iris Certified Devices apply equally to Cellular Broadband Modems. Additional terms for Cellular Services and Cellular Broadband Modems are set forth below.
11.4.3 Carriers; IP address and Phone Numbers. The wireless telecommunications networks used to transmit calls for Iris are owned and operated by various third-party licensed commercial mobile radio service providers (“Carriers”). Please note that you have no ownership rights to IP address, phone number, or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Iris Service at any time without prior notice to you.
11.4.4 Service Plans. Your Cellular Services will only operate after you have subscribed to one of the Cellular Service options and for so long as you have service days left on your plan’s cycle. Please visit our website at irisbylowes.com/plans for the latest information regarding our service plans for Cellular Services.
11.4.5 Coverage; Availability and Interruptions; Data Speeds. Cellular Services can only be activated where such services are offered and supported by us and by Carriers that support the Cellular Services. We do not guarantee the availability of Cellular Services in your coverage area and reserve the right to modify, suspend, interrupt, discontinue, or permanently cancel Cellular Services, or portions of the Cellular Services, without notice. Cellular Services are not available outside of your coverage area. We provide Cellular Services at our discretion. We are not responsible and will not be liable for any modifications, interruptions, or discontinuation of the Cellular Services. If Cellular Services are modified, interrupted, discontinued, or cancelled, we will not issue any refunds or reimburse you for any unused Cellular Services. Actual data speeds are subject to various factors, including those beyond our control, such as your Cellular Modem’s capabilities, coverage availability in your local area, and existing network conditions. As such, actual availability, coverage, and data speeds may vary.
11.4.6 Authorized Uses; Additional Types of Misuse/Unauthorized Use Applicable to Cellular Services. Cellular Service may ONLY be used for the following purposes: (a) back-up your Iris System and related devices for existing broadband data failure(s) (b) specific transmissions initiated by your broadband failure, and (c) maintaining Iris connectivity during broadband failure. Cellular Service may not be used for unauthorized uses that adversely impact our service. In addition to other unauthorized uses of Iris, examples of unauthorized uses of Cellular Services include, without limitation, the following: (i) uploading, downloading, or streaming of uninterrupted continuous video; or (ii) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (“P2P”) file sharing.
11.4.7 Excessive Cellular Consumption. We may stop providing Cellular Service to you, discontinue your Account, terminate data connections, and/or reduce data throughput speeds for customers whose usage, in our sole judgment: (1) appears likely to generate abnormally high cellular data volumes or data usage and/or abnormally long data usage as compared to the usage of other Iris customers or (2) may be harmful, disruptive, or interfere with the Carrier’s network, Iris, or the ability to provide quality service to other customers. By initiating Cellular Service, you acknowledge and agree to our right to terminate your Cellular Service under these circumstances. We may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this Agreement.
11.4.8 Additional Limitations for Cellular Services; Data Transmission Security. Cellular Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Cellular Service may be temporarily refused, limited, interrupted, or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations, or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. We cannot and do not guarantee that your communications or data transmitted via Cellular Services will be private or secure. Although it is illegal for unauthorized people to intercept your communications, such interceptions can occur. We do not warrant or guarantee availability of the network or of any Services at any specific time or geographic location or that the Cellular Services will be provided without interruption. Neither Iris, nor any Carrier, will be liable for Service failures, outages, or limitations of Service.
11.4.9 Unauthorized Use; Tampering; SIM Card Changes by Carriers, Iris, or Their Service Providers. The Cellular Services are provided exclusively for use by you for your Iris System. The unlocking or resale of your Cellular Modem or its components (including any SIM card) constitutes a violation of this Agreement. You agree not to unlock, reflash, tamper with or alter Cellular Modem or its components (including any SIM card) in any manner that conflicts with this Agreement. Your Cellular Modem may contain a SIM card. The Carriers, Iris, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer, or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. You also agree not to use either your SIM card or your Iris approved Cellular Modem in any device other than the Iris Smart Hub or other Product expressly indicated by us to be authorized for use with the Cellular Modem. Any violation of the restrictions on the use of your SIM card or Cellular Modem that are contained in this Agreement may, in our sole discretion, result in the immediate termination of your Cellular Service, Iris Service, or both without notice. In the event that we detect unauthorized or excessive use, you agree to reimburse us for all of the data usage associated with the unauthorized use of the SIM card, Cellular Modem, or both at the rates and tiers equal to what the particular Carrier for your Cellular Service option normally charges its cellular service customers in your area for exceeding the Carrier’s initial cellular data service allotment or level.
11.5 Third Party Services. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, EVEN IF WE HAVE SPONSORED SUCH SERVICES, AND THAT WE MAKE NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT AS TO THIRD-PARTY SERVICES AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE THIRD-PARTY SERVICES UNLESS OTHERWISE EXPRESSLY STATED BY US.
12. Using the Iris Service; End User License Agreement; Intellectual Property.
12.1 Conditional, Limited Permission to Use the Iris Service. Subject to this Agreement and your acceptance and continued compliance with this Agreement, we grant you a terminable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use Iris for your personal use in a lawful manner that is also otherwise consistent with this Agreement, in connection with, and solely for the purpose of, controlling and monitoring the products owned by you or authorized by the owner for you to use, where such products are installed and used on your property or asset or with the permission of the property or asset owner, and to use the services offered by us that do not require smart devices for your personal, non-commercial use otherwise consistent with this Agreement.
12.2 Our Intellectual Property: You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in or relating to Iris or any component or part of Iris (including but not limited to any websites, web applications, mobile applications, other user interfaces, technology platform, the Iris hub, and any software in any of the foregoing) are owned by us or our licensors. Your possession, access, and use of any part of Iris, and your possession, access, use, ownership of or other rights relating to any Iris Product, including any products compatible with Iris whether supplied or sold by us or others, does not grant or transfer to you any additional rights to Iris, any part of Iris, or any patent, trademark, copyright, trade secret or other intellectual property right except as expressly set forth in this Agreement. In addition, we exclusively own, and grant you no rights in, any intellectual property rights, including any patentable ideas or expressions, trade secrets, or innovations, derived in whole or in part from data associated with Iris or from any devices connected to Iris or from the use of our customer base’s use (including your use) of Iris or any devices connected to Iris.
12.3 Additional Restrictions on Using Iris. The rights granted to you in this Agreement are subject to the following restrictions: (i) you may not use Iris in any manner that violates any laws, ordinances, or regulations (including U.S., state, county, or municipal laws, ordinances, or regulations), for your location, the location of where you use your devices and Iris hub, or applicable to you or your use of Iris; (ii) you agree to the terms for your service level or levels in effect during your use of Iris, including any usage restrictions or limitations we may impose upon you or your User Account; (iii) you may not sell, lease, license, rent, distribute, transfer, assign, host, or otherwise commercially exploit Iris or any portion of Iris or offer to do any of the foregoing to or for others; (iv) you may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of Iris or access Iris to build a similar or competitive service, offering, or one or more components of a such a service or offering; (v) you may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter Iris, any computer network, computer, handheld mobile device, data, product, or any other system, device or property; (vi) you may not interfere with, disrupt, or attempt to gain unauthorized access to the servers, networks, or technology platforms connected to Iris or violate the regulations, policies, or procedures of such networks; (vii) you may not access (or attempt to access) Iris by means other than through the interfaces that are provided for you by us; and (viii) you may not remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) contained or displayed in connection with Iris.
12.4 Promises You Make About Your Use (Code of Conduct). You agree not to contribute any User Submissions or User Content, or otherwise use Iris in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation applicable to you, where you live, where you use Iris, or where you maintain or use your devices; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any of our employees or representatives; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Account or anyone else’s Account; (vii) attempts, in any fraudulent or deceptive manner as determined by us, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or “hacks” or “cracks” any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on Iris or any portion of it, or any processes that otherwise interfere with the proper working of Iris (including by placing an unreasonable load on the Iris infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Iris.
12.5 Usage Limitations and Additional Costs from Carriers. You agree we may impose other reasonable restrictions on your use of Iris, including limiting the number of notifications (emails, texts, alarm events, push notifications, or other communications) you or your contacts receive from Iris or your devices, and particularly any usage by you that we believe in good faith degrades or jeopardizes Iris performance or increases our costs of the providing Iris to you beyond what we have reasonably anticipated in providing Iris to a member of our user base (including the amount of data consumed with an Iris compatible cellular modem). We may restrict messaging, calls, alarm events, and system notifications to any phone numbers or addresses that would levy any form of incremental cost to us for messaging and we accept no responsibility for message delivery or costs to you when you are deemed by your carrier to be roaming nationally or overseas.
12.6 Upgrades and Modifications. You hereby authorize us to access Your hub, devices, or User Account or make changes to all or portions of Iris (including user interfaces), or to issue upgrades, bug fixes, patches, or other modifications to maintain or improve Iris in our discretion ( “Upgrades”). You agree we may make Upgrades without advance notice to you or additional consent from you. Upgrades may temporarily interfere with your Iris, or temporarily or permanently change the features, functionality, benefits, or uses of the Iris and you agree those will be done at our discretion. If you do not want the Upgrades, then you agree that your sole remedy is to terminate your use of Iris altogether and cancel according to this Agreement as you accept the risk that prior versions of Iris may not be supported. Your continued use of Service after any Upgrade(s) will indicate your acceptance of those Upgrades.
13. Content and Submissions
13.1 About Content; User Content; User Submissions; Third Party Submissions. We may display certain information and materials, including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”) as part of or in providing the Iris Services to you or your use of any part of the Iris. You may provide, post, upload, email, transmit, disseminate, or submit text, graphics, articles, photographs, video images, illustrations, or other data (“User Content”). People other than us or you may provide, post, upload, email, transmit, disseminate, or submit feedback, comments, questions, other information or materials (including but not limited to text, graphics, articles, photographs, video images, and illustrations) “Third Party Submissions” in these Terms.
13.2 Content. You agree that we own all Content and that you have no rights to the Content except to use Iris in compliance with this Agreement. You further agree that you have abided by, and will continue to abide by, all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through Iris. You agree not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or Third Party Submissions or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners, (ii) in any way that violates any third party’s rights; or (iii) in any way that is against the law.
13.3 User Content; User Submissions. You are solely responsible for User Content. You represent and warrant that you have all rights necessary to User Content for your use and our use in accordance with this Agreement. You hereby license to us all patent, trademark, trade secret, copyright, and other proprietary rights in and to User Content for publication on and use with or in connection to Iris or our business. If you send us creative suggestions, comments, ideas, drawings, concepts, or other information to improve or otherwise modify any part of Iris (collectively, the "User Submissions"), those User Submissions will be entirely be the property of Lowe’s, including the rights to modify, publish, create derivative works from, redistribute, copy, and use as we determine in our sole discretion, and you forfeit any intellectual property or other rights in the User Submissions. None of the User Submissions will be subject to any obligations of confidentiality and Lowe’s will not be liable for any future use or disclosure of such User Submissions.
13.4 Third-Party Submissions. You understand and agree that the third party or third parties who create, upload, post, submit, transmit, publish, communicate, or otherwise disseminate the Third Party Submission(s) are solely responsible for Third Party Submissions, and not us. You agree not to hold us nor seek to hold us accountable or liable for Third Party Submissions or any damages, liability, harm, or losses that occur in whole or in part due to Third Party Submissions. WE DISCLAIM ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THIRD PARTY SUBMISSIONS.
13.5 Removal. We may remove any Content, User Content, User Submissions, or Third Party Submissions from Iris at any time, for any reason or for no reason at all.
13.6 Digital Millennium Copyright Act Notice; Copyright Agent; Reinstatement Process. If you believe any Content or Third-Party Submissions infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to our designated Copyright Agent (identified below), which sets forth the following information: (i) identification of the copyrighted work you believe to be infringed (please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work); (ii) identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iii) your name, address, telephone number and, if available, e-mail address; (iv) a statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; (v) a statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; (vi) a physical or electronic signature of the copyright holder or authorized representative (all of this is a “DMCA notice”). The Copyright Agent designated by Lowe’s to receive notifications of claimed infringement is: Lowe’s IP Notices; c/o Douglas W. Kenyon, Hunton & Williams LLP; 421 Fayetteville Street, Suite 1400 Raleigh, NC 27601; 919-899-3076; email@example.com. Only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
13.7 Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Lowe’s designated Copyright Agent: (i) your original or electronic signature; (ii) identification of the materials that have been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the materials; (iv) your name, address, telephone number and, if available, email address; (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or if your address is located outside of the United States, for any judicial district in which Lowe’s is located; and (vi) that you will accept service of process from the person who provided the original notification of infringement or an agent of such person. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it within ten (10) business days. Unless Lowe’s Copyright Agent receives notice from the person who submitted the DMCA Notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted, we may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at our sole discretion.