Revised: September 3, 2016
This website (the „Site“) is provided by Johnson Controls International plc and its affiliated companies (the „Company“).
BY USING THE SITE OR DOWNLOADING MATERIALS FROM THE SITE, YOU AGREE TO ABIDE BY THESE TERMS AND THE ASSOCIATED PRIVACY AND COOKIE POLICIES, BOTH OF WHICH MAY BE DOWNLOADED BY CLICKING HERE.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT USE OR VIEW THE SITE OR DOWNLOAD ANY SITE CONTENT.
The Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms, the Site, and/or Contents in whole or in part, at any time, without notice. Changes will be effective when such change is posted. Your continued use of the Site after any changes to the Terms are posted will be acceptance of those changes.
INTERNATIONAL USERS AND CHOICE OF LAW
THIS SITE IS OPERATED AND ADMINISTERED FROM WITHIN THE UNITED STATES OF AMERICA (“USA”). IF YOU ACCESS THIS SITE FROM A LOCATION OUTSIDE OF THE USA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS LOCATED IN THE STATE OF NEW YORK, FOR THE RESOLUTION OF ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS AND/OR YOUR USE OF THE SITE.
These Terms, which incorporate the associated Privacy and Cookie policies, constitute the entire agreement between the Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any portion or provision of the Terms to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to affect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.
Upon the Company’s belief that your conduct fails to conform with these Terms, the Company may, in its sole discretion and without notice to you, block your access to this Site, terminate your limited license to use the Site and/or Content, to investigate, involve and cooperate with law enforcement authorities, and pursue civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.
Upon Tyco’s belief that your conduct fails to conform with these terms, Tyco, in its sole discretion and without notice, reserves the right to block your access to this site, to terminate the limited license, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this site. In addition, misuse of this site may result in disciplinary action up to and including termination of employment.
The Site contains trademarks, service marks, copyrighted materials, and/or other content owned, licensed, or used/hosted with permission by the Company (“Content”).
As between you and the Company, the Company is the sole owner of all rights and title to the Content, including all copyrights, trademarks and other intellectual property rights. You may not download, copy, or save any Content or any portion of it, for any purpose, except as set forth in these Terms or as otherwise approved for use by Johnson Controls. You may download and/or print a copy of the Content solely for your personal, non-commercial, informational use or records, provided that any logos, marks or other legends that appear on the Content remain and are not removed from your copy of the Content. You may not modify, copy, distribute, perform, reproduce, publish, license, display, create derivatives works from, transfer, transmit, adapt, sell, or in any way exploit, the Content without the prior written permission of the Company. The Company reserves the right to change any Content on this Site at any time without notice.
THIS SITE IS NOT INTENDED FOR PERSONS UNDER 13 YEARS OF AGE. WE DO NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION FROM OR ABOUT CHILDREN, AND WE DO NOT KNOWINGLY MARKET OUR PRODUCTS OR SERVICES TO CHILDREN.
PRIVACY AND COOKIE POLICIES
We encourage you to read our Privacy and Cookie Policies, which are incorporated by reference into these Terms.
INFORMATION COLLECTED WHEN YOU VISIT THE SITE
Our servers may collect the domain names, email addresses, and first and last names of visitors. In addition, there are portions of this Site where we may need to collect personal information from you for a specific purpose, such as to provide you with the information you request, and/or to provide services to you.
To receive Content or information from the Company, or to access Company services, you may be asked to submit information to us such as your name, your email address, password, and information about your business. By submitting such information, you represent and warrant that you have the right to (1) disclose all such information to the Company, (2) permit the Company to collect (including consent to record telephone conversations with the Company), use, disclose, and transfer such information; and (3) expressly authorize the Company to use such information to administer the relationship and provide services, by (a) contacting you at the telephone numbers and/or email addresses provided: (b) using SMS, text, prerecorded messages, or automated calling devices to deliver messages; and/or (c) to provide information or offers about products and services of interest to you. You acknowledge and agree that the Company may share all such information with its affiliated companies or any subcontractor or assignee, within and outside the country in which you are located and thereby subject such information to the laws of such countries.
USE OF COLLECTED INFORMATION
Information that we collect is used to measure and administer the number of registered users and viewer statistics, such as the number of viewers that visit the Site, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the usability of our Site.
The Company will make commercially reasonable efforts to let you know at the time of collection how this information will be used. If you have contracted with Company to receive Company services, the services agreement between yourself and Company may include additional information on how your information is used by the Company to facilitate provision of the services.
SECURITY OF COLLECTED INFORMATION
The Company maintains physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. The Company restricts access to information about you to Company personnel who need to know the information to respond to your inquiry or request.
ACCESS TO COLLECTED INFORMATION
You may review and update the information that you provide to the Company through this Site by contacting us at webmaster@JCI.com.
The Company welcomes your questions and suggestions about these terms and conditions. If you have any questions, please contact us at webmaster@JCI.com.
You may not transmit User Content on or through the Site that: (1) infringes any proprietary rights of any party or person; (2) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (3) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (4) contains unsolicited or unauthorized advertising, promotional materials, „spam,“ „chain letters,“ or any other form of solicitation; or (5) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (c) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements or policies of networks connected to the Site; (d) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site; (e) collect or store information about the Users of the Site or the User Content posted by others on the Site or use such information for any purpose inconsistent with the purpose of the Site; or (f) violate any applicable local, state, national or international law or regulation.
DISCLAIMER OF WARRANTIES
THE SITE AND/OR CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE OR CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AND CONTENT AND TO MAKE ANY OTHER CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED THEREIN, IN ALL INSTANCES AT ANY TIME AND WITHOUT NOTICE.
THIS SITE AND THE CONTENT ARE PROVIDED „AS IS“ AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WHILE THE COMPANY ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE, CONTENT, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INDEMNITY AND LIMITATIONS OF LIABILITY
To the extent permitted by law, you shall indemnify and hold harmless the Company, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys‘ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or any Content violates any applicable law or regulation, or the rights of any third party.
IN NO EVENT SHALL THE COPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISIING OUT OF OR RELATED TO THE USE OF THIS SITE EXCEED $10.00 OR THE COMPENSATION YOU PAID THE COMPANY, WHICHEVER IS LESS.
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