Vivint Internet is absolutely committed to protecting the information and privacy of all our customers and networks. We know that our customers want to know how their personal information is collected, stored, and shared, and we take that seriously.
As needed, Vivint Internet reserves the right to modify this agreement from time-to-time without notice. We will post any new revisions to this policy at the top of the policy for added convenience and clarity. Further use of our service after a posting of any updates, constitutes full acceptance by the user of such changes.
What information do we collect?
Vivint Internet will collect data from website traffic, IP addresses, domain servers, browser types, cookies, personal contact and account information, and data usage. We use this data to improve our network performance, improve products, maintain our network, marketing, and to protect and secure our sites and assets. Additionally, we use the communication and inquiry data and website traffic data, for marketing and improved customer experience purposes.
How we use your information, and who we share that with.
Choices you have with your own information.
Customers may opt out of any involuntary email, texting, or phone calls by requesting to stop such practices at any time.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Vivint Wireless, Inc.’s (“Vivint”) website 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: • modify or copy the materials; • use the materials for any commercial purpose, or for any public display (commercial or non-commercial); • attempt to decompile or reverse engineer any software contained on Vivint Wireless, Inc.’s website; • remove any copyright or other proprietary notations from the materials; or • 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.
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.
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 website could include technical, typographical, or photographic errors. Vivint does not warrant that any of the materials on its website are accurate, complete, or current. Vivint may make changes to the materials contained on its website at any time, without notice. Vivint does not, however, make any commitment to update the materials.
Vivint has not reviewed all of the sites linked to its website 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.
Any claim relating to Vivint Wireless, Inc.'s website shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.
Additional Terms For Customers of the Vivint Wireless Service
Limitation of Liability
To the extent permitted by law, you agree that Vivint will not be liable to you or any third party for any direct, indirect, special, incidental, or consequential damages, including, without limitation, loss of profits, loss of use, computer failure or malfunction, interruption of business, loss of goodwill, work stoppage, title, or any other damage or losses of any kind whether under this agreement or otherwise arising out of or related to the agreement or your use of or inability to use Vivint services, even if you are advised of the possibility of such damages. Under no circumstances will Vivint be liable to you or any third party for any loss or damage caused by reliance on data or information available from or on Vivint services and systems. Our aggregate liability under this Agreement will in no event exceed the service charges with respect to the affected time period. In no event shall Vivint’s aggregate liability under or arising out of this Agreement exceed the amounts paid by you for the Services in the twelve (12) months prior to the incident giving rise to a claim.
IF YOU FAIL TO MAKE ANY PAYMENT WHEN DUE, WE MAY, BY GIVING YOU WRITTEN NOTICE, DISCONTINUE INSTALLATION, SERVICE, AND REPAIR SERVICE, TERMINATE THIS AGREEMENT AND RECOVER ALL DAMAGES TO WHICH WE ARE ENTITLED, INCLUDING THE VALUE OF THE WORK PERFORMED AND OUR LOSS OF PROFIT. IN ADDITION, WE MAY IMPOSE A LATE CHARGE ON ALL PAYMENTS MORE THAN TEN (10) DAYS PAST DUE IN THE MAXIMUM AMOUNT PERMITTED BY STATE LAW.
You may access and use the Service only in accordance with applicable local, state, federal, and international laws, orders, and regulations. You may not use the Service for any unlawful activity, You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content.
You may not resell or otherwise charge others to use the Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, IP address translation or similar facilities intended to provide additional access.
You are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access to or misuse the Service.
The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. You agrees not to export, import, or re-export (including, without limitation, by way of electronic transmission) any technology transmitted through Vivint Services without first obtaining any required export license or governmental approval. You agree it will not directly or indirectly export or re-export such technology to any of those countries listed from time to time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y, or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time and you agree to update the lists as appropriate.
Vivint will cooperate fully with legal authorities in the investigation of suspected crimes, copyright infringement, or service abuses. You agree to indemnify and hold harmless Vivint, and Vivint’s agents and representatives, from any and all claims, costs, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees, for any reason whatsoever, including, without limitation, any harm, injury, loss, or damage incurred by Vivint, or any other party, arising out of your breach of this Acceptable Use provision.
Inappropriate Use of Service
Inappropriate use or abuse of Vivint Services by you, as determined in the sole discretion of Vivint, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of Services by others can be traced, documented, reported to appropriate authorities, and may be prosecuted to the fullest extent of the law. In the event of termination, you are still responsible to pay any fees that are still owed to Vivint. The balance of any prepaid fees, after deducting all applicable charges and fees will be refunded to you on a pro-rated basis. Any penalties for criminal action will be deducted from amounts owed before refunds are provided.
Vivint Maintains Ownership of Rented Equipment
All equipment rented by you from Vivint is the property of Vivint. If you have chosen the option to rent the equipment used to provide Service, you agree to all of the following: (i) To keep equipment in good working condition; (ii) To pay Vivint an amount equivalent to the full purchase price or the cost to repair, whichever is less, for any damaged equipment; (iii) To allow Vivint to recover all equipment rented by you from Vivint even after Service cancellation or termination; (iv) To pay equivalent to the full purchase price plus the cost to recover for any equipment not returned to Vivint; and (v) To authorize Vivint to access your premises and remove equipment. You agree to refrain from tampering with any equipment provided by Vivint that may affect the service, i.e. communication radio, whether it is rented or owned by you. Required Equipment: It is your responsibility to ensure computer systems meet the current minimum system requirements stated by Vivint as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access the Service. In such event, your sole remedy will be to upgrade computer equipment or terminate Service. Lesser equipment may perform adequately, but Vivint cannot ensure acceptable system use.
Termination and Cancellation Policy
You may terminate Service at any time, with or without cause, upon notice to Vivint. If such termination occurs after the right of rescission period specified herein, you shall be responsible for all charges that have been incurred prior to your notice of termination and for any applicable Service cancellation fees. The Service cancellation fees shall be $300 if this Agreement is terminated within the first and twelfth month of Term, or $150 if this Agreement is terminated within the thirteenth and twentyfourth month Term. Vivint may terminate or suspend your Service at any time, with or without cause, with or without notice to you. Termination of Service does not affect your obligations under this Agreement, including your obligation to pay all fees for Services rendered prior to termination and any termination, processing, and administration fees incurred as a result of such termination. Vivint accounts must be paid in full before a cancellation will be considered complete. If you choose to cancel an order for Service at any point after the order is placed, but before the Service has been activated, you must contact Vivint one day prior to the scheduled day of installation or you may be subject to a $49 processing fee. If all Equipment provided by Vivint is not returned within 30 days of cancellation of Service, you agree to pay Vivint the greater of $300 or the current replacement cost of the Equipment provided. You authorize Vivint and its agents to charge the Equipment replacement charge to the credit card on file with Vivint. If Vivint is unable to obtain a charge authorization for the full amount due, you agree to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due.
Vivint will make every reasonable effort to ensure the highest possible quality of service is always delivered, but Vivint does not guarantee the throughput speeds or guarantee Service availability at all times. Vivint reserves the right to interrupt Service if necessary for Equipment and network upgrades, reasonable network management, and network maintenance. Vivint will do its best to inform you ahead of time of any planned interruptions. You acknowledge and agree that Internet access is limited to normal usage patterns and that Vivint may take action to limit usage of Internet access if your usage is deemed to be excessive, which action may include limiting the amount of data transfer or termination of service.
Vivint assumes no liability whatsoever for any claims, damages, losses, or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, for any reason, even where such unavailability occurs after installation of the Service.
Communications Assistance for Law Enforcement Act
Grantor understands that Grantee, as an internet service provider, is subject to the Communications Assistance for Law Enforcement Act (“CALEA”). CALEA requires that Grantee provide certain information about Grantor upon Government request, which includes but is not limited to, a subpoena, warrant or court order. In response to such Government request, Grantee may be required to disclose to law enforcement agencies the content of and records relating to telephone calls, email messages (including attachments), Internet usage and data. Grantee is not required to provide notice to Grantor of law enforcement demands for information.
COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF EQUIPMENT, FIRMWARE OR SOFTWARE
Nothing in this Agreement grants you the right or license to use any of Vivint’s trademarks. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You shall not change the electronic serial number or identifier of the Equipment or perform a factory reset of the Equipment without Vivint’s prior written consent. You shall notify Vivint immediately, in writing or by calling our support line, if the Equipment is stolen or if you become aware at any time that Service is being stolen, fraudulently used, or otherwise used in an unauthorized manner. Until such time as Vivint receives notice of the theft, fraudulent use, or unauthorized use, you will be liable for all use of the Service using any Equipment stolen from you and any and all stolen, fraudulent, or unauthorized use of the Service.
Warranty/Limitation of Liability/Disclaimer of Liability
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SERVICES AND PRODUCTS TO ACHIEVE ITS INTENDED PURPOSE. THE SERVICES AND ANY EQUIPMENT AND SOFTWARE PROVIDED TO YOU BY VIVINT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. VIVINT WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL, AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER YOUR ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. VIVINT WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME.
VIVINT AND ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/ OR INFORMATION AVAILABLE ON ITS SYSTEMS, OR RESIDING ON OR PASSING THROUGH ITS NETWORKS, OR THAT VIVINT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. USE OF INFORMATION OBTAINED FROM OR THROUGH VIVINT IS AT YOU’S OWN RISK. EXCEPT FOR THE PAYMENT OF FEES DUE BY YOU HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT, OR GOVERNMENT.
IN NO EVENT WILL VIVINT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABLITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATON MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
YOU SHALL BE SOLELY RESPONSIBLE FOR INDEPENDENT BACKUP OF ANY DATA FILES RESIDING ON VIVINT COMPUTERS OR NETWORKS. VIVINT RESERVES THE RIGHT TO REMOVE/DELETE ANY PERSONAL FILES AFTER AN ACCOUNT IS TERMINATED OR ASSOCIATED WITH PROHIBITED ACTIVITIES.
You agree to defend, indemnify, and hold harmless Vivint, its officers, directors, agents, and employees from any claims, losses, and damages, including attorneys’ fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto Vivint servers or through its network, or from any and all use of your account, with or without your knowledge or consent, and from all claims, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys’ fees) related to any action taken by Vivint as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to your use of or inability to use Vivint Services, Equipment, or software.
You hereby acknowledge that Vivint and its affiliates may retain and use any information, comments, or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service. Vivint may open and maintain a subscriber file. You agree to notify Vivint upon a change of contact information, including telephone number, property, billing and email address.
Vivint Internet is a leading Internet Service Provider (ISP) and technology developer, and Vivint Internet’s technology can be found in proprietary network solutions.
This page is intended to serve as notice under 35 U.S.C. § 287(a).
Radio. Patent No. D856,962