Welcome to alarmsofberkshirecounty.com. This website (the “Site”) is comprised of various web pages operated by Alarms of Berkshire County (“ABC”). This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
This Site is a residential and commercial security website. We offer residential and commercial security options. Account holders can pay their bills online.
Visiting this Site or sending emails to ABC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site. satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
ABC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this website only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ABC and ABC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABC of the site or any association with its operators.
Certain services made available via this Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the alarmsofberkshirecounty.com domain, you hereby acknowledge and consent that ABC may share such information and data with any third party with whom ABC has a contractual relationship to provide the requested product, service or functionality.
No Unlawful or Prohibited Use / Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof and any software used on the Site, is the property of ABC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ABC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ABC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content, we do not grant you any licenses, express or implied, to the intellectual property of ABC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by ABC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ABC Content accessed through www.alarmsofberkshirecounty.com in any country or in any manner prohibited.
You agree to indemnify, defend and bold harmless ABC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees} relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ABC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ABC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative collective actions are not permitted. The PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and ABC 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALARMS OF BERKSHIRE COUNTY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES TO THE SITE AT ANY TIME.
Returns and Warranties
RETURNS ARE IN ACCORDANCE WITH YOUR SIGNED AGREEMENT FOR SERVICES. PLEASE REVIEW YOUR AGREEMENT FOR SPECIFIC INFORMATION RELATING TO RETURNS AND WARRANTIES.