1. Introduction
Welcome to AO Backflow and Fire, LLC (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern all use of www.aobackflowandfire.com, and similar subdomain websites as applicable, which is owned and operated by AO Backflow and Fire, LLC.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.aobackflowandfire.com/privacy-policy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at rob@aobackflowandfire.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
You acknowledge that when you create an Account, or otherwise participate in our services, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our services using the contact information you provided to us, In addition, you acknowledge and agree that we may share your contact information, business details, content interest information or other activity data, and any other information (including Personal Data) that is collected in the course of these activities with our sponsors, partners, business purposes, including but not limited to, carrying out our business, joint marketing efforts, etc. You also attest that you have the legal authority over any contact information or Personal Data that you provide to us and are able to provide us, our sponsors, partners, and other attendees with the authorization to contact you.
3. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AO Backflow and Fire, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting AO Backflow and Fire, LLC customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide AO Backflow and Fire, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AO Backflow and Fire, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, AO Backflow and Fire, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
6. Free Trial
AO Backflow and Fire, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by AO Backflow and Fire, LLC until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, AO Backflow and Fire, LLC reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
AO Backflow and Fire, LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
AO Backflow and Fire, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
8. Refunds
Except when required by law, paid Subscription fees are non-refundable.
9. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use any device, software, or routine that interferes with the proper working of Service.
(b) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(c) Take any action that may damage or falsify Company rating.
(d) Otherwise attempt to interfere with the proper working of Service.
10. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
11. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of AO Backflow and Fire, LLC and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AO Backflow and Fire, LLC.
12. Error Reporting and Feedback
You may contact us directly at rob@aobackflowandfire.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
13. Disclaimer Of Warranty
If Customer has purchased the System from Contractor, Contactor warrants that the equipment of the System will be free from defects in material and workmanship for a period of 90 days from the date the System be placed into operation. If, during
the 90-day period, any equipment proves to be defective, it will be repaired or replaced, at Contractor ‘s sole option, free of charge. This warranty does not apply (a) to any defect caused by damage (other than damage resulting hmm a defect) that occurred while the System was in possession of Customer, including damage resulting from accidents, acts of God, alteration, misuse, tampering, or abuse; (b)to detects resulting from Customer’s failure to follow operating instructions properly; (c) to adjustment necessitated by misalignment of cameras, improper adjustment of monitor brightness and contrast tuning controls or insufficient light on an area viewed by camera and (d) to problems due to electrical power or telephone service outage. If Customer calls for service under this limited warranty and upon inspection by Contractors representative it Is found that one or more of the conditions described in the clause (a) through (d) led to the inoperability or apparent inoperability of the System, a charge will be made for the service call whether or not Contactor's representative actually works on the System, Should it be necessary to make actual repairs to the System due to conditions or circumstances not covered by this limited warranty, a charge will be made for such repairs at Contractor‘s then applicable rates for labor and material. Warranty service will be furnished by Contractor during its normal business hours, 8:00a.m. to 5:00 p.m. local time, Monday through Friday, holidays excluded.
THIS LIMITED EQUIPMENT WARRANTY DOES NOT APPLY TO ANY SECURITY SYSTEM OR EQUIPMENT LEASED BY CUSTOMER FROM CONTRACTOR. THE FORE GOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING CONTRACTOR’S NEGLIGENCE, SHALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. CONTRACTOR SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY CONTRACTOR, NEGLIGENCE OF CONTRACTOR OR OTHERWISE.
14. Limitation Of Liability
IN NO EVENT SHALL AO BACKFLOW AND FIRE, LLC , ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OF AO BACKFLOW AND FIRE, LLC. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AO BACKFLOW AND FIRE, LLC , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE AMOUNT CLIENT PAID FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, CLIENT ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES OR AO BACKFLOW AND FIRE, LLC BILLING PLATFORM TO TRANSMIT, PROCESS OR STORE “HIGH RISK PERSONAL INFORMATION” (AS DEFINED BELOW) IS UNNECESSARY FOR USE OF THE SERVICES AND THEREFORE AO BACKFLOW AND FIRE, LLC SHALL HAVE NO INDEMNIFICATION OBLIGATION OR OTHER LIABILITY UNDER THIS AGREEMENT FOR ANY SUCH USE OF THE SERVICES BY CLIENT, ITS AFFILIATES OR REPRESENTATIVES. “HIGH RISK PERSONAL INFORMATION” SHALL BE DEFINED AS (A) SOCIAL SECURITY NUMBERS, PASSPORT NUMBERS OR OTHER GOVERNMENT ISSUED ID NUMBERS, AND DATE OF BIRTH; (B) HEALTH OR MEDICAL INFORMATION (OTHER THAN DIETARY PREFERENCES OR MEDICAL CONTACT INFORMATION, WHICH SHALL NOT BE DEEMED HIGH RISK PERSONAL INFORMATION); (C) FINANCIAL ACCOUNT INFORMATION (OTHER THAN PAYMENT INFORMATION ENTERED SECURELY USING AO BACKFLOW AND FIRE, LLC’S THIRD PARTY ONLINE PAYMENT SYSTEM, WHICH SHALL NOT BE DEEMED HIGH RISK PERSONAL INFORMATION); AND (D) OTHER INFORMATION WHICH A REASONABLE PERSON WOULD RECOGNIZE AS BEING HIGHLY SENSITIVE (BUT EXCLUDING, FOR AVOIDANCE OF DOUBT, CONTACT INFORMATION SUCH AS NAME, TITLE, COMPANY NAME, MAILING ADDRESS, EMAIL ADDRESS, AND PHONE NUMBER, NONE OF WHICH SHALL BE DEEMED HIGH RISK PERSONAL INFORMATION).
THESE LIMITATIONS OF LIABILITY WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SET FORTH IN THIS AGREEMENT.
It is understood that Contractor is not an insurer; that insurance, if any, is to be obtained by Customer independent of Contractor and this Agreement; and that the amounts payable to the Contractor hereunder are based upon the value of the System and the Services and upon the scope of liability as herein set forth and are unrelated to the value of Customer's property or the property of others located at Customer's premises. Contractor can give no assurance and makes No guarantee or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the System or Services supplied will avert or prevent burglary, fire, or other occurrences, or their related consequences, that the System Services are designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from failure on the part of the Contractor to perform any of its obligations hereunder. Customer does not desire this Agreement to provide for full liability of Contractor and agrees that Contractor shall be exempt from liability for loss, damage, or Injury due directly to occurrences, or their related consequences, that the System or Services are designed to detect; that if Contractor should be found liable for loss, damage, or injury due to failure of service or equipment In any respect, its liability shall be limited to a sum equal to 10% of the annual charge for Services provided to the Premises or $250.00 (whichever is greater) as the agreed upon damages and not as a penalty as the exclusive remedy; and that the provisions of this paragraph shall apply if loss, damage, or injury regardless of cause or origin, results indirectly to person or property from the performance or nonperformance of obligations imposed by this Agreement or from negligence, active or otherwise, of Contractor, its agents or employees. No suit or action shall be brought against Contractor more than one year after the accrual of the cause of action thereof. It is further agreed that the limitations of liability expressed herein shall inure to the benefit of and apply to all shareholder, patents, and subsidiaries of Contractor and all other companies or persons affiliated with Contractor hereunder by assignment. If this Agreement provides for a direct connection to a municipal police or fire department or other organization, that department or other organization may involve the provisions hereof against any claim by Customer due to any failure such department or organization.
IF CUSTOMER WISHES CONTRACTOR TO ASSUME GREATER LIABILITY HEREUNDER THAN SPECIFIED ABOVE, CUSTOMER SHALL NOTIFY CONTRACTOR OF THAT FACT AND CONTRACTOR SHALL AMEND THIS AGREEMENT BY
ATTACHING A RIDER SETTING FORTH THE MAXIMUM AMOUNT OF ADDITIONAL LIABILITY ASSUMED AND THE ADDITIONAL AMOUNT PAYABLE BY CUSTOMER FOR THE ASSUMPTION BY CONTRACTOR OF SUCH GREATER MAXIMUM AMOUNT OF LIABILITY. SUCH RIDER AND ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED AS MAKING CONTRACTOR AN INSURER.
15. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
(a) Contractor may terminate this Agreement immediately upon written notice in the following circumstances:
(i) if Customer defaults in the performance of any of the terms and conditions of this Agreement, including the failure to make any payment as agreed herein, in which case the balance of the monies due for the unexpired term of this Agreement shall become immediately due and payable.
(ii) if Contractor’s Central station, the telephone line wires, or Contractor’s equipment at Customer's premises are destroyed or so substantially damaged that is commercially impractical to continue service to Customer's premises.
(iii) if Customer falls to follow recommendations made by Contractor for repair or replacement of defective parts of the System not covered under the limited warranty or maintenance service provided for therein, or if Customer's failure to follow operating instructions properly results in an undue number of false alarms, or if the premises in which the System is installed are so modified or altered after installation of the system as to render continuation of service impractical;
(iv) as provided in paragraph 9 relating to assignment.
(b) Customer may terminate this Agreement, in the following circumstances; (i) immediately upon written notice, if Customer‘s Premises are, by any cause beyond the control of Customer, destroyed or so substantially damaged that it is commercially impractical for Customer to continue any operations at such Premises; (ii) as provided on the front page relating to expiration; or (iii) as provided on the front page relating to price increases.
(c) Should Customer default in the payment of his account, Customer shall be responsible for the payment of all fees, including reasonable attorney fees incurred by Contractor in the collection of Customer’s accounts. If there is no agreement or provision of law for a different rate, the interest on money shall be at the rate of eight percent per annum, compounded annually.
(d) Upon termination of this Agreement, Customer shall permit Contractor access to Customer’s premises in order to deactivate any telephone line signaling device.
(e) For those Premises where AES Radio equipment is provided, Customer acknowledges that the AES Radio equipment remains the property of Contractor. Customer shall permit Contractor access to the premises in order to take possession of the AES Radio equipment or return the AES Radio equipment to Contractor in working order upon cancelation. If Customer does not return the AES Radio equipment in working condition or allow Contractor access to
the premises in order to take possession of the AES Radio equipment within a reasonable timeframe, Customer agrees to pay Contractor a non-refundable equipment charge in the amount of $1,200.00 per security system AES
Radio and $1,200.00 per fire system AES Radio.
(f) For those Premises where Telguard equipment is provided, Customer acknowledges that the Telguard equipment remains the property of Contractor, unless the equipment has been purchased and is listed as a paid Item at the time of Installation. Customer shall permit Contractor access to the premises in order to take possession of the Telguard equipment or return the Telguard equipment to Contractor In working order upon cancelation. If Customer does not return the Telguard equipment in working condition or allow Contractor access to the premises in order to take possession of the Telguard equipment within a reasonable timeframe,
Customer agrees to pay Contractor a non-refundable equipment charge in the amount of $520.00 per Telguard unit.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of State of Colorado without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
17. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
18. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the SERVICES means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical support:
By email: rob@aobackflowandfire.com.
By visiting this page on our website: www.aobackflowandfire.com
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