Freedom Forever and Vivint Smart Home Promotion Terms and Conditions
Revised and published as of: 10/9/2023
NOTICE: Customers who opted in for the Vivint Smart Home Promotion on or before August 3, 2023, are subject to the terms and conditions of an archived version of the Vivint Smart Home Promotion, which can be accessed here.
PROMOTIONAL TERMS AND CONDITIONS
Promo Offer #1
The following shall govern the unique terms and conditions set forth for Promo Offer #1.
Eligibility: Promo Offer #1 is open to individuals who meet all the following qualifications (hereinafter, the “Eligible Participant(s)”):
- Personally receive an offer from Freedom, Vivint, Sunrun Inc. (“Sunrun”), EverBright, LLC (“EverBright”), or their respective authorized dealers to participate in Promo Offer #1.
- Sign and maintain a valid: (a) Solar System Purchase Agreement with Freedom Forever; (b) Power Purchase Agreement or Lease Agreement with Sunrun, with Freedom Forever as the photovoltaic system (“PV System”) installer (each referred to as a “Solar Contract”); or (c) Power Purchase Agreement or Lease Agreement with EverBright, with Freedom Forever as the PV System installer (each also referred to as a “Solar Contract”).
- Sign and maintain a valid System Purchase and Service Agreement with Vivint (hereinafter, the “Vivint Contract”).
Individuals with existing, valid Vivint Contracts cannot qualify for Promo Offer #1 but may qualify for Promo Offer #2.
Promotional Period: The promotional period for Promo Offer #1 shall run from August 4, 2023, and shall expire at a date and time to be determined in Freedom Forever and Vivint’s sole discretion, at which point no further participation in Promo Offer #1 will be possible. Freedom Forever and Vivint reserve the right, in their sole discretion and without prior notice, to (i) suspend or cancel Promo Offer #1, (ii) alter the Rules and/or cancel or substitute any of the Rules for any reason or no reason, including but not limited to, unforeseeable or uncontrollable events that may affect the administration of Promo Offer #1, and (iii) determine whether an individual meets Eligible Participant status.
How to Participate: Participation in Promo Offer #1 is voluntary. To participate in Promo Offer #1, please refer to the communication provided by Freedom Forever, Vivint, Sunrun, and/or EverBright, including, without limitation, the promotion cover page provided with your Solar Contract and the Vivint Contract respectively.
Promo Offer #1 Details: Through Promo Offer #1, Eligible Participants will be qualified to receive a Vivint Smart Home System Basics Package which consists of the following Vivint products: one (1) a Doorbell Camera Pro with professional installation; (1) one Smart Hub lite; three (3) door/window sensors; (1) motion sensor; and a credit for a twelve (12) month subscription to Vivint’s monitoring service (collectively, the “Basics Package”). Subject to availability, the products in the Basics Package may be replaced with other products of equal or lesser value based on then-current MSRP for such products. An Eligible Participant may also be offered the option of upgrading the Basics Package to an Essential Package, Premium package, Premium PLUS package, or by adding other products. These upgrades will be available at a special promotional price that will be determined at the time of entering the contract with Vivint and based on the additional upgraded products or package selected by the Eligible Participant. After the twelve (12) month subscription expires, an Eligible Participant may cancel the Vivint monitoring service or pay for continued monitoring starting at the then-current monthly monitoring fee. Taxes and local permit fees may apply, prices are subject to change.
Equipment Fee: In the event that an Eligible Participant redeems Promo Offer #1 and subsequently cancels, requests, and/or causes cancellation of the Solar Contract, the Eligible Participant shall pay to Freedom Forever a non-refundable equipment fee based on the Vivint Smart Home System package chosen by Eligible Participant, as outlined in the following schedule (individually and collectively, the “Equipment Fee”):
|Smart Home System Package||Equipment Fee|
|Essential Package Upgrade||$3,000.00|
|Premium Package Upgrade||$4,000.00|
|Premium PLUS Package Upgrade||$5,000.00|
Eligible Participants will be sent a bill for the Equipment Fee, payment of which shall be required within thirty (30) days of the date of the bill, unless otherwise agreed upon by Freedom Forever in writing. If Eligible Participant has a payment method on file with Freedom Forever, the Equipment Fee shall be auto-billed from such payment method. Freedom Forever shall not be liable for any fees, including but not limited to, credit card fees, overdraft fees and non-sufficient funds fees, that may be incurred by Eligible Participant as a result of such auto-billing. Freedom Forever reserves the right to pursue any remedies available at law or as provided herein to collect payment of the Equipment Fee and shall be entitled to reimbursement from Eligible Participants for Freedom Forever’s costs of collection, including attorney fees, legal fees and costs and disbursements. For purposes of the Promotional Terms and Conditions, Promo Offer #1 is considered redeemed at the time a Vivint Smart Home System is installed. Cancellation of the Solar Contract may subject Eligible Participant to additional fees under Vivint’s terms and conditions.
Mechanics Lien: Freedom Forever is a materials supplier of the Smart Home System Package. As such, Freedom Forever may choose to send a preliminary lien notice to preserve its rights in the equipment it supplied. In the event Eligible Participant fails to pay the Equipment Fee, Freedom Forever shall have the right to file and/or perfect a mechanics lien on the property where such Smart Home System Package was installed and/or sold. Freedom Forever may file any required document to protect its rights hereunder and Eligible Participant agrees to execute any necessary further document(s) to assist Freedom Forever in preserving its lien rights in the equipment supplied.
Promo Offer #2
The following shall govern the unique terms and conditions set forth for Promo Offer #2.
Eligibility: Promo Offer #2 is open to individuals who meet all the following qualifications (hereinafter, the “Eligible Participant(s)”):
- Personally receive an offer from Freedom, Vivint, Sunrun, EverBright, or their authorized dealers to participate in Promo Offer #2.
- Sign and maintain a valid Solar Contract.
- Have an existing, valid Vivint Contract.
Promotional Period: The promotional period for Promo Offer #2 shall run from June 9, 2022 and shall expire at a date and time to be determined in Freedom Forever and Vivint’s sole discretion, at which point no further participation in Promo Offer #2 will be possible. Freedom Forever and Vivint reserve the right, in their sole discretion and without prior notice, to (i) suspend or cancel Promo Offer #2, (ii) alter the rules and/or cancel or substitute any of the Rules for any reason or no reason, including but not limited to, unforeseeable or uncontrollable events that may affect the administration of Promo Offer #2, and (iii) determine whether an individual meets Eligible Participant status.
How to Participate: Participation in Promo Offer #2 is voluntary. To participate in Promo Offer #2, please refer to the communication provided by Freedom Forever, Vivint, Sunrun, and/or EverBright, including, without limitation, the promotion cover page provided with your Solar Contract and the Vivint Contract respectively.
Promo Offer #2 Details: Through Promo Offer #2, Eligible Participants with an existing, valid Vivint Contract who executes a new Solar Contract will be qualified to receive a credit on their Vivint Smart Home monitoring bill of up to $25 per month, but not more than would lower that bill below $14.99 per month (the “Discount Credit”) so long as the customer resides at the address associated with their Vivint Smart Home and Vivint Energy services and remains current on all payments associated with each. Discount Credit will take effect within eight (8) days following execution of the Solar Contract and will be applied to the following full month’s invoice. Discount Credit will be removed if (i) Solar Agreement is canceled, (ii) if after sixty (60) days no permit for the PV System has been issued, or (iii) if the PV System has not been completely installed within sixty (60) days from issuance of the installation permit. However, an Eligible Participant who loses their Discount Credit under subpart (i) or (ii) may once again become eligible for the Discount Credit once the installation for the PV System is completed.
General Terms and Conditions for Promo Offer #1 and Promo Offer #2
Non-Transferrable: Unless otherwise indicated, the offer to participate in either Promo Offer is solely made to the Eligible Participant and cannot be transferred and/or assigned. Freedom Forever and Vivint will not accept invitations to participate from third parties and such recipients are not eligible for either Promo Offer.
Promo Offers Cannot be Combined: The Promo Offers may not be combined with one another or any other promotion issued by Freedom Forever, Vivint, Sunrun, and/or EverBright. The Promo Offers are not available to: (1) prior Sunrun customers; (2) prior EverBright customers; and/or (3) prior Freedom Forever customers, unless such customers are installing a PV System at a new residential address. The Promo Offers are available for new installations only. Notwithstanding the foregoing, the Promo Offers are only available in regions where Vivint’s services are provided, subject to availability, and at participating locations only. Effective dates of these Promo Offers may vary by location.
Limitations on Liability and Release: By participating in either Promo Offer, each Eligible Participant releases and agrees to hold harmless Freedom Forever and Vivint, and all their respective parties and affiliates, from any liability whatsoever for any claims, costs, losses, or damages of any kind including, without limitation, those related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation, intellectual property rights, arising out of or in connection with accepting either Promo Offer.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
To the extent permissible by law, in no event shall Freedom Forever or Vivint be liable to Eligible Participants and/or any third party for any special, punitive, indirect, incidental, or consequential damages arising under contract, tort, or any other theory of liability even if advised of the possibility of such damages. Freedom Forever accepts no liability in relation to Eligible Participant’s participation (or inability to participate) in either Promo Offer.
Freedom Forever and Vivint shall not be liable for any failure of or delay in relation to either Promo Offer for the period that such failure or delay is due to causes beyond their reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, epidemic, quarantine, and/or any other force majeure event.
Freedom Forever and Vivint make no representations or warranties of any kind, express or implied, regarding either Promo Offer or Eligible Participant’s participation in either Promo Offer including, without limitation, any implied warranties of merchantability and fitness for a particular purpose. Freedom Forever, Vivint, and any of their respective officers, directors, employees, agents, or affiliates shall not be responsible or liable for any loss, damage, cost, or injury that arises from or relates to participation in either Promo Offer. Eligible Participants may be subjected to additional limitations on liabilities under Vivint’s terms and conditions.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY. THEREFORE, CERTAIN PROVISIONS OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
Arbitration: By participating in either Promo Offer, Eligible Participant agrees to resolve any disputes arising from either Promo Offer or related to these Rules through binding arbitration governed by the Federal Arbitration Act. The arbitration will be conducted under the rules of the American Arbitration Association (“AAA”) that are in effect at the time of the commencement of each respective Promo Offer. If there is a conflict between the applicable AAA rules and the Rules, the Rules will govern. THE ARBITRATION WILL BE DECIDED BY A SINGLE NEUTRAL ARBITRATOR AGREED ON BY THE PARTIES. Unless the arbitrator orders otherwise for good cause shown, any arbitration will be conducted via documents-only (desk) submissions. EITHER PARTY MAY INITIATE THE ARBITRATION PROCESS BY FILING THE NECESSARY FORMS WITH AAA. The decision of the arbitrator shall be final, conclusive, and binding upon the Parties hereto, and shall be enforceable in any court of competent jurisdiction. The prevailing party in any arbitration or court proceeding shall be entitled to its reasonable attorneys’ fees and all related costs and expenses as permitted by applicable state law.
ARBITRATION MEANS THAT ELIGIBLE PARTICIPANT WAIVES HIS OR HER RIGHT TO HAVE THE DISPUTE LITIGATED IN COURT OR A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. ELIGIBLE PARTICIPANT FURTHER WAIVES HIS OR HER RIGHT TO (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER SIMILAR PROCEEDING; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Choice of Law: The laws of the State of California govern these Promotional Terms and Conditions. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
Publicity and Intellectual Property: By participating in either Promo Offer, Eligible Participants may be selected by Freedom Forever and/or Vivint to participate in certain advertising, marketing and/or publicity materials and activities (“Promotional Activities”). If the selected Eligible Participants agree to participate in the Promotional Activities, the Eligible Participant shall assign to Freedom Forever and Vivint the perpetual and unrestricted right to use their likeness in connection with the Promotional Activities.
Entire Agreement: The Promotional Terms and Conditions and the terms set forth in the Solar Contract and Vivint Contract constitute the entire understanding and agreement between Freedom Forever, Vivint, and the Eligible Participant, and supersedes and extinguishes any and all previous drafts, agreements, arrangements and understandings between the parties, whether written or oral, relating to this subject matter. Freedom Forever and/or Vivint reserves the right, in its sole discretion and without prior notice, and for any or no reason to (a) disqualify any Eligible Participant; and (b) alter, discontinue, suspend or terminate either Promo Offer, or any aspect or portion of it, and/or substitute either offer. The Rules may be modified by Freedom Forever and Vivint at any time by amending the Promotional Terms and Conditions. Freedom Forever and Vivint recommend that you revisit these Promotional Terms and Conditions regularly. By your continued participation in either Promo Offer, you accept any such modified terms. Any such modified terms shall supersede all previous versions. If any provision of these Promotional Terms and Conditions is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.