Website Terms of Use

IMPORTANT NOTICE: THESE WEBSITE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

 
Acceptance of the Terms of Use

These terms of use are entered into by and between you and Vivint, Inc. (“Vivint”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of http://www.vivint.com/https://shop.vivint.com/, https://buy.vivint.com,  and any subdomains hosted thereunder (collectively, the “Websites”), including any content, functionality and services offered on or through the Websites, whether you access them as a guest or a registered user.

Please read the Terms of Use carefully before you start using the Website). By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.vivint.com/legal/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites. Similarly, you may not order or obtain products or services from the Websites if you do not agree to these Terms of Use.

The Websites are offered and available to users who are 18 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with Vivint and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

 

Compliance with Laws; Prohibited Activities

You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Websites. Without limiting the foregoing, you shall not use the Websites to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to this Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Websitesor computer systems or networks connected to the Websitesthrough password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Websites. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Websites, or to intercept any system, data or personal information from the Websites, nor will you take any action that imposes an unreasonable or disproportionately large load on the Websites’ infrastructure.

 

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Vivint’s Websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;

  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  3. attempt to decompile or reverse engineer any software contained on Vivint, Inc. or Vivint Louisiana LLC.'s Websites;

  4. remove any copyright or other proprietary notations from the materials; or

  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Vivint at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Disclaimer

The materials on Vivint's Websites are provided "as is." Vivint makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Vivint does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

Limitations

In no event shall Vivint or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Vivint's Internet site, even if Vivint or a Vivint authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Revisions and Errata

The materials appearing on Vivint’s Websites could include technical, typographical, or photographic errors. Vivint does not warrant that any of the materials on its Websites are accurate, complete, or current. Vivint may make changes to the materials contained on its Websites at any time, without notice. Vivint does not, however, make any commitment to update the materials.

 

Googe Maps and Other Links

Usage of Google Maps within the Vivint.SmartHome mobile app binds users by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

Vivint has not reviewed all of the sites linked to its Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vivint of the site. Use of any such linked website is at the user's own risk.

 

Site Terms of Use Modifications

Vivint may revise these terms of use for its Websites at any time without notice. By using these Websites you are agreeing to be bound by the then0current version of these Terms of Use.

 

Governing Law

Any claim relating to Vivint's Websites shall be governed by the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.

Any claim relating to Vivint Louisiana LLC's Websites shall be governed by the laws of the State of Louisiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Louisiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Louisiana.

 
Privacy Policy

Vivint respects your right to privacy. You can view our privacy policy here.

 

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

By agreeing to these Terms, you agree to resolve any and all disputes with Vivint as follows:

Binding Arbitration: All claims or disputes arising out of or relating to the Websites or these Terms (including your use of, interaction with, or access to the Websites, the Terms’ or Privacy Policy’s formation, performance, and breach, the parties’ relationship with each other, and/or your use of our Website(s) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and (c) send one copy of the Demand for Arbitration to Vivint at Vivint, Inc., 4931 N. 300 W., Provo, UT 84604, Attention: Legal Department.

Class Action Waiver: you and Vivint (collectively, the “parties”) agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND VIVINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, COLLECTIVE ACTION, PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR VIVINT ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND VIVINT FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, VIVINT, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEEDING.