zoominfo

Terms of Use

  1. General

Brivo Systems LLC and its subsidiaries (“Brivo”) welcome you to the Brivo websites that link to these Terms of Use (each a “Brivo Site” and collectively, the “Brivo Sites”). In these Terms of Use, the term “Brivo Sites” refers to each of these websites and the services offered on those Brivo Sites.  The Brivo Sites may include websites that require you to register and create an account (as applicable, a “Brivo Account”) to obtain access to such websites, including the Brivo University and Brivo Dealer Portal websites. Please read these Terms of Use carefully because they are a binding agreement between you and Brivo.

  1. User’s Acceptance of Terms of Use:

These Terms of Use govern your access, visits and use of the Brivo Sites. By accessing the Brivo Sites or by registering for a Brivo Account, you are subject to the Terms of Use. If you do not agree to all of the Terms of Use, you should not access, visit or participate in the Brivo Sites. There may be certain Brivo Sites or portions thereof where access and/or use is subject to eligibility requirements and/or include specific or supplemental terms of use, in addition to those set forth here (“Supplemental Terms of Use”). These include, but are not limited to, the applicable terms of use that apply to Brivo products and services sold by Brivo and, if you are an authorized Brivo reseller, the terms and conditions of your reseller agreement with Brivo. If there is a conflict between these Terms of Use and any Supplemental Terms of Use, then the Supplemental Terms of Use will govern your use and access of that particular Brivo Site or portion thereof. If you breach any of the applicable Terms of Use, your authorization to use the Brivo Site automatically terminates. Brivo reserves the right to modify, suspend or terminate the Brivo Sites or any portions thereof, and/or these Terms of Use, from time to time at its sole discretion and without notice. Brivo will post any modified Terms of Use on the Brivo Sites. Brivo may also impose limits on certain features and services or restrict your access to parts of the Brivo Sites without notice or liability. You should periodically check the Terms of Use for such changes. Brivo may, but is not obligated to notify you of such changes. Your continued use of any of the Brivo Sites after Brivo posts such changes to the Terms of Use (regardless of whether Brivo has separately notified you of such changes) will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use. Brivo will not be liable to you or any third-party for any claims or actions arising or resulting from your access, use, visit, or participation in the Brivo Sites or for any modification, suspension, or termination of the Brivo Sites or portions thereof, or suspension or termination of your access to your Brivo Account.

  1. Registration and Eligibility:

You must be at least eighteen (18) years old to have a Brivo Account which makes you eligible to access certain of the Brivo Sites. If you wish to have a Brivo Account, you must provide current, accurate, and complete information about yourself during the account registration process. By obtaining a Brivo Account, you expressly agree to be bound by these Terms of Use as entered into by and between Brivo and you. You are responsible for maintaining the confidentiality of your Brivo Account password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. No one under the age of 13 is permitted to use the Brivo Sites or register for a Brivo Account. Parental consent is required for a person between the ages of 13 -18 to register for a Brivo Account or use the Brivo Sites.

You must maintain and promptly update any account information provided to Brivo in order to keep such information up to date, accurate and complete. Brivo reserves the right to refuse access to certain Brivo Sites or portions thereof to anyone, at any time, without notice, and for any reason. If you have a Brivo Account, you agree that Brivo, or third parties acting on Brivo’s behalf, may send you important information and notices regarding the Brivo Sites by email, text messaging or other means based on the information you have provided to Brivo. These Terms of Use are void where prohibited by law and the right to access the Brivo Sites is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Brivo Sites.

  1. Conduct:

You may not use the Brivo Sites in a way that violates any laws, infringes on anyone’s rights, is offensive or interferes with any of the Brivo Sites or their features.  If Brivo (in its sole discretion) determines that you have acted inappropriately, Brivo reserves the right to remove your Contributions, terminate or suspend your Brivo Account, terminate or suspend your use of the Brivo Sites, and take any appropriate legal actions. You are responsible and liable for all your activities while participating on the Brivo Sites, including anything you contribute. You are also responsible for any actions you may take based on information or advice you receive through the Brivo Sites (including Brivo University). As with any communication service, use your own good judgment when evaluating or acting upon information provided through the Brivo Sites.

  1. Contributions:

There may be opportunities for you as a Brivo Account holder to actively participate by creating, providing, sharing and uploading information to the Brivo Sites such as comments, ideas or suggestions for new or improved software products, services, technologies, features, product names, data, articles, documents, discussion forum threads, blog entries, computer code, or other data, material or information (individually and collectively “Contributions”).

  1. Contributions Ownership, Rights and Responsibilities:

Brivo does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Brivo Sites. However, by providing Contributions, you grant to Brivo and its employees, agents, users, licensees and assigns under all intellectual, industrial and proprietary rights a perpetual, worldwide, non-exclusive, sublicensable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, make, have made, modify, adapt, translate, distribute, display, publish, perform, create derivative works of and otherwise fully exploit such Contributions for any and all purposes. You represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions and that your Contributions do not violate any intellectual, industrial or other proprietary rights of others. By uploading Contributions to the Brivo Sites, you represent and warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. You acknowledge and agree that all Contributions are provided on a non-confidential basis notwithstanding any designation or notation of confidentiality. All Contributions are subject to these Terms of Use, and Brivo reserves the right to remove at any time, without notice, any Contribution in violation thereof. For clarity, however, Brivo has no obligation to monitor or remove Contributions, and Brivo assumes no responsibility or liability for Contributions shared among users.

  1. Third-Party Web Sites, Content, Products and Services:

The Brivo Sites may contain links to web sites and access to content (including opinions, advice, statements and advertisements), products and services from third parties (collectively “Third-Party Content”). These links are available through the Brivo Sites merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Brivo is not responsible for the availability of, any such Third-Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third-Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Brivo is not responsible for: (a) the quality of third-party products or services; or (b) fulfilling any of the terms of your agreement with any third-party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Brivo is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

  1. Disclaimer:

BRIVO HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE BRIVO SITES AND ALL BRIVO SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIVO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRIVO AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT THE BRIVO SITES OR BRIVO SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRIVO SITES OR ANY BRIVO SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THE QUALITY OF ANY BRIVO SITE CONTENT OBTAINED BY YOU THROUGH THE BRIVO SITES WILL MEET YOUR EXPECTATIONS. ANY BRIVO SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRIVO SITES IS DONE AT YOUR OWN DISCRETION AND RISK. BRIVO AND ITS LICENSORS AND SUPPLIERS WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES.

  1. Limitation of Liability:

IN NO EVENT WILL BRIVO OR ANY OF ITS LICENSORS, SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE BRIVO SITES OR ANY BRIVO SITE CONTENT; (B) YOUR RELIANCE UPON ANY OF THE BRIVO SITE CONTENT, (C) BRIVO’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF ANY BRIVO SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF BRIVO, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIVO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRIVO’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BRIVO SITES, ANY BRIVO SITE CONTENT OR YOUR USE OF CONTRIBUTIONS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT BRIVO MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF BRIVO’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

  1. Indemnification:

If Brivo and its affiliates and any of their respective owners, directors, managers, officers, agents, and employees (collectively, “Brivo Parties”) should incur any liability to a third party arising out of or in any way related to (a) your breach of these Terms of Use (or any Supplemental Terms of Use), (b) your use of any Brivo Site, or (c) your Contributions or anything you upload or make accessible through any Brivo Site, you agree to indemnify and hold such Brivo Parties free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees and expenses.

  1. Privacy and Security Policy:

For a description of Brivo’s privacy practices in relation to its general business practices and the use of the Brivo Sites, please see the Brivo Privacy and Security Policy.

  1. Applicable Law; Jurisdiction:

These Terms of Use are governed by and construed in accordance with the laws of the State of Maryland, USA (excluding the U.N. Convention on Contracts for the International Sale of Goods), without regard to the conflicts of laws rules thereof they may result in the application of the laws of any jurisdiction other than the State of Maryland, USA. Any dispute, controversy or claim arising out of or in any way relating to these Terms of Use or the breach, termination or invalidity thereof, will be brought exclusively in the state or federal courts sitting in the State of Maryland, and you hereby irrevocably consent to the exclusive jurisdiction of such courts for the purposes of any such dispute, controversy or claim, and waive any objection thereto.

  1. Copyright Policy/Digital Millennium Copyright Act:

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Brivo may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; a description of the copyrighted work or other work that you claim has been infringed; a description of where the material that you claim is infringing is located on our sites, networks or other repositories; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Designated Agent for notice of claims of copyright infringement can be reached as follows:

Brivo Systems LLC
770 Old Georgetown Road
Suite 300
Bethesda, Maryland 20814
USA
[email protected]
Attn: Chief Operating Officer, DMCA Complaint.

If the disputed materials were posted by a third party identifiable through reasonable efforts, Brivo will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Brivo will provide you with a copy so that you may take any other steps you may consider appropriate.

Copyright © 2020 Brivo Systems LLC. All rights reserved. These Terms of Use were last updated July 1st, 2020.