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Last updated on October 6, 2008.
LEGAL NOTICE
IMPORTANT: READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing or browsing the Brink's Home Security Holdings, Inc. websites: www.BrinksHomeSecurityHoldings.com and/or www.investor.brinkshomesecurity.com (collectively, the "Holdings Websites"), or by downloading any materials from the Holdings Websites, you agree to be bound by the Terms and Conditions set forth below. If, at any time, you do not wish to be bound by these Terms and Conditions, you should not access or use the Holdings Websites. If you visit any other website maintained by Brink's Home Security Holdings, Inc. ("Holdings") or any of its subsidiaries or affiliates, please be sure to refer to the website terms and conditions posted on that site.
TERMS AND CONDITIONS
COPYRIGHT. The information on the Holdings Websites, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by Holdings or used under license from the copyright owner. Unless otherwise specified or agreed to by Holdings, you may print, copy and download any information or portion of the Holdings Websites for your personal use only. You may not modify, copy, reproduce, transmit, display, perform, distribute, transfer, rent, sublicense, publish, frame, store for subsequent use, create derivative works from, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, products or services obtained from the Holdings Websites, except for the purposes expressly provided herein, without Holdings prior written consent. If you copy or download any information from the Holdings Websites, you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. Holdings neither warrants nor represents that your use of materials displayed on the Holdings Websites will not infringe rights of third parties not owned by or affiliated with Holdings. Any unauthorized use of any materials on the Holdings Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Holdings will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that you claim has been infringed;
- Identification of the allegedly infringing material, and a description of where that material is located on the Holdings Websites;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512, Holdings has designated the following agent to receive notices of claimed copyright infringement:
Brink's Home Security Holdings, Inc.
Attn: Copyright Agent
8880 Esters Boulevard
Irving, Texas 75063
copyrightagent@brinks.com
Please note, any other matters or inquiries (i.e., non-copyright related matters or inquiries) directed to the Copyright Agent will not be addressed or responded to.NO WARRANTIES. The information contained on the Holdings Websites is provided without any warranties or representations as to the accuracy, completeness or timeliness of such information. Holdings assumes no liability or responsibility for any errors or omissions in the content of the Holdings Websites. The reports filed by Holdings with the Securities and Exchange Commission and listed on the Holdings Websites, and any other materials that may be accessed on the Holdings Websites, speak only as of the particular date or dates indicated in those documents. The contents of those documents can become out-of-date.Holdings reserves the right to add, modify or delete the information contained in the Holdings Websites without notice, and makes no commitment, and hereby disclaims any duty, to update the information contained in the Holdings Websites. Without limiting the foregoing, everything on the Holdings Websites is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. Holdings assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer system or other property as a result of your access to, use of, or browsing of the Holdings Websites or downloading of any information, materials, data, text or images from the Holdings Websites.
LIMITATION OF LIABILITY. IN NO EVENT WILL HOLDINGS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE HOLDINGS WEBSITES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HOLDINGS OR ITS AFFILIATES HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION SENT TO HOLDINGS. Any communication or material you transmit, post or communicate to the Holdings Websites, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like ("Submitted Information"), is, and will be treated as, non-confidential and nonproprietary. Submitted Information shall become the property of Holdings or its affiliates and may be used for any purpose.
TRADEMARKS. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Holdings Website are trademarks of Holdings and its affiliates, or are used by Holdings under license. Nothing contained on the Website should be construed as granting any license or right to use any Trademark displayed on the Website for any purpose whatsoever, including but not limited to, use of the Trademarks as metatags on other websites, without obtaining the prior written permission of Holdings. Unauthorized use of the Trademarks displayed on the Website, or any other content on the Website, is strictly prohibited. You are also advised that Holdings will aggressively enforce its intellectual property rights to the fullest extent of the law.
LINKED WEBSITES OF THIRD PARTIES. The Holdings Websites may contain links to other websites. Such links are meant solely for the user's convenience. Holdings has no control over, and is not responsible for the content found on external websites. Links to such third party websites do not constitute sponsorship, endorsement or approval of such websites or the contents thereof. Accordingly, Holdings does not make any representations concerning the privacy practices or terms of use of such websites, nor does Holdings control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such websites. If you decide to access any third party website linked to the Holdings Websites, you do so entirely at your own risk.
LINKING TO THE HOLDINGS WEBSITES. You may establish links to the Holdings Websites provided (i) you do not remove or obscure the copyright notice or other notices on the Holdings Websites, and (ii) you give Holdings prior notice of such link by sending an e-mail to invrelations@brinks.com. You agree to discontinue providing a link to the Holdings Websites immediately if so requested by Holdings or its affiliates. Under no circumstances may you "frame" the Holdings Websites or any of its content or copy portions of the Website to a server. Each page of the Holdings Websites must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Holdings Website.
FORWARD-LOOKING STATEMENTS. Materials posted on the Holdings Websites contain forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. Words such as "anticipates," "estimates," "expects," "projects," "intends," "plans," "believes," "may," "should" and similar expressions may identify forward-looking information. Such statements are based on management's current expectations, estimates and projections in effect on the date the statements were made. These statements are not a guarantee of future performance and are subject to a number of uncertainties, assumptions and risks that are difficult to predict and could cause actual results to differ materially from those described in the forward-looking statements. Factors that may cause such a difference include, but are not limited to, those described in Holding's Form 10, Annual Reports, Forms 10-K, Forms 10-Q and Forms 8-K.
INFORMATION COLLECTED FROM WEBSITE VISITORS. The web servers of Holdings and its affiliates may collect the IP addresses of visitors to the Holdings Websites. The Holdings Websites may also contain an electronic file called a Web Beacon or an Action Tag, which allows Brinks' or its contractors to count users who have visited that page or to access certain "cookies" (described below0. This information may be aggregated to measure the number of visits, average time of visit, pages viewed, etc., in order to measure the use of the Holdings Websites and improve content as may be necessary. Holdings does not obtain any personal information from your IP address or from any Web Beacon or Action Tag on the Holdings Websites. In addition, when you view certain parts of the Holdings Websites, information may be stored on your computer. This information will be in the form of a "cookie" or similar file and will permit tailoring of the Holdings Websites to better match your interests and preferences. Cookies are primarily used to enhance your online experience by aiding navigation and functionality of the Holdings Websites. Holdings does not obtain any personal information from the cookies placed on your computer.
INDEMNIFICATION. As a condition of your use of the Holdings Websites, you agree to indemnify and hold Holdings and its affiliates harmless from and against all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys' fees) arising from your use of the Holdings Websites, or from your violation of these Terms and Conditions.
SEVERABILITY. If a court of competent jurisdiction deems any provision of these Terms and Conditions unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
PROTECTING CHILDRENS' PRIVACY ONLINE. Holdings understands the importance of protecting children's privacy online. The Holdings Websites are not intentionally designed for or directed at children under the age of thirteen (13) years. It is our policy never to knowingly collect or maintain information about anyone under the age of thirteen (13).
GOVERNING LAW AND JURISDICTION. The laws of the State of Texas will apply to all matters relating to the use of this site and you agree to submit to the exclusive personal jurisdiction and venue of the courts of the State of Texas located in Dallas County and to the United States District Court for the Northern District of Texas, Dallas Division.
VIOLATIONS OF THE TERMS AND CONDITIONS. Holdings reserves the right to seek any and all remedies available at law or in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Holdings Websites.
CHANGES. Holdings may at any time revise these Terms and Conditions, without prior notice; however, the most current version of the Terms and Conditions will always be available to you by clicking on the link at the bottom of the Holdings Websites. You are encouraged to regularly review these Terms and Conditions to ensure that you are aware of any changes. By continuing to access or use the Holdings Websites after changes in the Terms and Conditions have been posted on the Holdings Websites, you agree to be bound by the most recent version of these Terms and Conditions. These Terms and Conditions are in addition to any other agreements that may exist between you and Holdings and its affiliates, including but not limited to any agreements that govern your use of products, services, content, tools and/or information available on the Holdings Websites.
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