Intro
This Web
site, including any sub-site accessible
through the homepage, is operated by UTC
Climate, Controls & Security ("CCS"), its
subsidiaries, affiliates and/or related
entities (collectively, the “Site”). CCS
offers this Site, including all information,
tools and services available from this Site,
to you, the user, conditioned upon your
acceptance of all the terms, conditions,
policies and notices stated here. BY USING
THIS SITE, YOU AGREE TO THESE TERMS OF USE;
IF YOU DO NOT AGREE, DO NOT USE THIS SITE.
CCS reserves
the right, at its sole discretion, to
change, modify, add or remove portions of
these Terms of Use, at any time. It is your
responsibility to check these Terms of Use
periodically for changes. Your continued use
of the Site following the posting of changes
will mean that you accept and agree to the
changes. As long as you comply with these
Terms of Use, CCS grants you a personal,
non-exclusive, non-transferable, limited
privilege to enter and use the Site.
No obligation
CCS is not
responsible if information made available on
this Site is not accurate, complete or
current. The material on this Site is
provided for general information only and
should not be relied upon or used as the
sole basis for making decisions without
consulting primary, more accurate, more
complete or more timely sources of
information. Any reliance on the material on
this Site is at your own risk. This Site may
contain certain historical information.
Historical information is not necessarily
current and is provided for your reference
only. CCS reserves the right to modify the
content of this Site at any time, but has no
obligation to update any information on the
Site. You agree that it is your
responsibility to monitor changes to the
Site.
Use of Site
All content
on this Site including, without limitation,
documents, text, design, graphics, logos,
icons, images, audio clips, downloads,
interfaces, code and software, as well as
the selection and arrangement thereof (the
“Content”) is the exclusive property of and
owned by CCS, its licensors or its content
providers and is protected by copyright,
trademark and other applicable laws. You may
access, copy, download and print the
material contained on the Site for your
personal and non-commercial use, provided
you do not modify or delete any copyright,
trademark or other proprietary notice that
appears on the material you access, copy,
download or print. Any other use of Content
on the Site, including but not limited to
the modification, distribution,
transmission, performance, broadcast,
publication, uploading, licensing, reverse
engineering, transfer or sale of, or the
creation of derivative works from, any
material, information, software, products or
services obtained from the Site, or use of
the Site for purposes competitive to CCS, is
expressly prohibited. You agree to abide by
all additional restrictions displayed on the
Site as it may be updated from time to time.
CCS reserves the right to refuse or cancel
any person's registration for this Site,
remove any person from this Site or prohibit
any person from using this Site for any
reason whatsoever. CCS, or its licensors or
content providers, retain full and complete
title to the material provided on the Site,
including all associated intellectual
property rights, and provide this material
to you under a license that is revocable at
any time in CCS's sole discretion. CCS
neither warrants nor represents that your
use of materials on this Site will not
infringe rights of third parties not
affiliated with CCS.
You may not
use any device, program, algorithm or
methodology, or any similar or equivalent
manual process, to access, acquire, copy or
monitor any portion of the Site or any
Content, or in any way reproduce or
circumvent the navigational structure or
presentation of the Site or any Content, to
obtain or attempt to obtain any materials,
documents or information through any means
not purposely made available through the
Site.
You may not attempt to gain
unauthorized access to any portion or
feature of the Site, or any other systems or
networks connected to the Site or to any CCS
server, or to any of the services offered on
or through the Site, by hacking, password
“mining” or any other illegitimate means.
You may not
probe, scan or test the vulnerability of the
Site or any network connected to the Site,
nor breach the security or authentication
measures on the Site or any network
connected to the Site. You may not reverse
look-up, trace or seek to trace any
information on any other user of or visitor
to the Site, or any other customer of CCS,
including any CCS account not owned by you,
to its source, or exploit the Site or any
service or information made available or
offered by or through the Site, in any way
where the purpose is to reveal any
information, including but not limited to
personal identification or information,
other than your own information, as provided
for by the Site.
You agree that you will not take any
action that imposes an unreasonable or
disproportionately large load on the
infrastructure of the Site or CCS’s systems
or networks, or any systems or networks
connected to the Site or to CCS.
You agree not to use any device,
software or routine to interfere or attempt
to interfere with the proper working of the
Site or any transaction being conducted on
the Site, or with any other person’s use of
the Site.
You may not forge headers or
otherwise manipulate identifiers in order to
disguise the origin of any message or
transmittal you send to CCS on or through
the Site or any service offered on or
through the Site. You may not pretend that
you are, or that you represent, someone
else, or impersonate any other individual or
entity.
You may not
use the Site or any Content for any purpose
that is unlawful or prohibited by these
Terms of Use, or to solicit the performance
of any illegal activity or other activity
which infringes the rights of CCS or others.
You may not
use contact information provided on the Site
for unauthorized purposes, including
marketing. You may not use any hardware or
software intended to damage or interfere
with the proper working of the Site or to
surreptitiously intercept any system, data
or personal information from the Site. You
agree not to interrupt or attempt to
interrupt the operation of the Site in any
way. CCS reserves the right, in its sole
discretion, to limit or terminate your
access to or use of the Site at any time
without notice. Termination of your access
or use will not waive or affect any other
right or relief to which CCS may be entitled
at law or in equity.
Trademarks
Trademarks,
logos and service marks displayed on this
Site are registered and unregistered
trademarks of CCS, its subsidiaries,
affiliates, licensors or content providers,
or other third parties. All of these
trademarks, logos and service marks are the
property of their respective owners. Nothing
on this Site shall be construed as granting,
by implication, estoppel, or otherwise, any
license or right to use any trademark, logo
or service mark displayed on the Site
without the owner's prior written
permission, except as otherwise described
herein. CCS reserves all rights not
expressly granted in and to the Site and its
Content.
User Supplied
Material
You
acknowledge that you are responsible for any
material you may submit via the Site,
including the legality, reliability,
appropriateness, originality and copyright
of any such material. You may not upload to,
distribute or otherwise publish through this
Site any Content that (i) is confidential,
proprietary, false, fraudulent, libelous,
defamatory, obscene, threatening, invasive
of privacy or publicity rights, infringing
on intellectual property rights, abusive,
illegal or otherwise objectionable; (ii) may
constitute or encourage a criminal offense,
violate the rights of any party or otherwise
give rise to liability or violate any law;
or (iii) may contain software viruses,
political campaigning, chain letters, mass
mailings, or any form of "spam." You may not
use a false email address or other
identifying information, impersonate any
person or entity or otherwise mislead as to
the origin of any Content. You may not
upload commercial content onto the Site.
If you do
submit material, and unless we indicate
otherwise, you grant CCS and its affiliates
an unrestricted, nonexclusive, royalty-free,
perpetual, irrevocable and fully
sublicensable right to use, reproduce,
modify, adapt, publish, translate, create
derivative works from, distribute and
display such material throughout the world
in any media. You further agree that CCS is
free to use any ideas, concepts or know-how
that you or individuals acting on your
behalf provide to CCS. You grant CCS and its
affiliates the right to use the name you
submit in connection with such material, if
they so choose. All personal information
provided via this Site will be handled in
accordance with the Site's online Privacy
Policy. You represent and warrant that you
own or otherwise control all the rights to
the content you post; that the content is
accurate; that use of the content you supply
does not violate any provision herein and
will not cause injury to any person or
entity; and that you will indemnify CCS for
all claims resulting from content you
supply.
CCS is under
no obligation to post, forward, transmit,
distribute or otherwise provide any material
available on this Site, including material
you provide to us, and so we have an
absolute right to remove any material from
the Site in our sole discretion at any time.
3rd
Party Links
This Site may
contain links to other websites, some of
which are operated by CCS or its affiliates
and others of which are operated by third
parties. These links are provided as a
convenience to you and as an additional
avenue of access to the information
contained therein. CCS is not responsible
for the content of those or any other
websites or any products or services that
may be offered through those or any other
websites. Links from this Site to any other
website do not mean that CCS approves of,
endorses, or recommends that website.
Different
terms and conditions may apply to your use
of any linked websites. CCS is not
responsible for any losses, damages or other
liabilities incurred as a result of your use
of any linked websites.
Warranties/
Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK. THE SIRE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. CCS RESERVES THE RIGHT
TO RESTRICT OR TERMINATE YOUR ACCESS TO THE
SITE OR ANY FEATURE OR PART THEREOF AT ANY
TIME. CCS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND. WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND ANY WARRANTIES
THAT MATERIALS ON THE SITE ARE
NONINFRINGING, AS WELL AS WARRANTIES IMPLIED
FROM A COURSE OF PERFORMANCE OR COURSE OF
DEALING; THAT ACCESS TO THE SIRE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT THE SITE
WILL BE SECURE; THA TTHE SITE OR THE SERVER
THAT MAKES THE SITE AVAILABLE WILL BE
VIRUS-FREE; OR THAT INFORMATION ON THE SITE
WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU
DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU
DO SO AT YOUR OWN DISCRETION AND RISK. YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIALS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM CCS OR
THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY OF ANY KIND. CCS DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE
USE OF THE MATERIALS ON THIS SITE IN TERMS
OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. IN CERTAIN
JURISDICTIONS, THE LAW MAY NOT PERMIT THE
DISCLAIMER OF WARRANTIES, SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOU
ASSUME FULL RESPONSIBILITY FOR YOUR USE OF
THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY
INFORMATION YOU SEND OR RECEIVE DURING YOUR
USE OF THE SITE MAY NOT BE SECURE AND MAY BE
INTERCEPTED BY UNAUTHORIZED PARTIES. YOU
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
SITE IS AT YOUR OWN RISK AND THAT THE SITE
IS MADE AVAILABLE TO YOU AT NO CHARGE.
RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE
THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABE LAW. NEITHER CCS NOR ITS
AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT
PROVIDERS WILL BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
SPECIAL, CONSQENTIAL OR OTHER DAMPAGES
ARISING OUT OF OR IN ANY WAY RELATED TO THE
SITE OR ANY OTHER SITE YOU ACCESS THROUGH A
LINK FROM THIS SITE OR FROM ANY ACTIONS WE
TAKE OR FAIL TO TAKE AS A RESULT OF
COMMUNICATIONS YOU SEND TO US, OR THE DELAY
OR INABILITY TO USE THE SITE, OR FOR ANY
INFORMATION, PRODUCTS OR SERVICES ADVERTISED
IN OR OBTAINED THROUGH THE SUTE. REMOVAL OR
DELETION OF ANY MATERIALS SUBMITTED OR
POSTED ON ITS SITE, OR OTEHRWISE ARISING OUT
OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR
OTEHRWISE, EVEN IF CCS, ITS AFFILIATES OR
ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER
APPLIE, WITHOUT LIMITATION, TO ANY DAMAGES
OR INJURY ARISING FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUSES, FILE
CORRUPTION, COMMUNICATION-LINE FAILURE,
NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF
PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERNATION OF, LOSS OR USE OF
ANY RECORD OR DATA, AND ANY OTHER TANGIBLE
OR INTANGIBLE LOSS, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NEITHER CCS NOR
ITS SUPPLIERS SHALL BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
ANY USER OF THE SITE. YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS
OR ANY DISPUTE WITH CCS IS TO DISCONTINUE
YOUR USE OF THE SITE. YOU AND CCS AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SITE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES
OR THE CAUSE OF ACTION IS PERMANENTLY
BARRED.
Indemnification
You agree to
indemnify, defend and hold harmless CCS and
its affiliates and their officers,
directors, employees, contractors, agents,
licensors, service providers, subcontractors
and suppliers from and against any and all
losses, liabilities, expenses, damages and
costs, including reasonable attorneys' fees
and court costs, arising or resulting from
your use of the Site and any violation of
these Terms of Use. If you cause a technical
disruption of the Site or the systems
transmitting the Site to you or others, you
agree to be responsible for any and all
losses, liabilities, expenses, damages and
costs, including reasonable attorneys' fees
and court costs, arising or resulting from
that disruption. CCS reserves the right, at
its own expense, to assume exclusive defense
and control of any matter otherwise subject
to indemnification by you and, in such case,
you agree to cooperate with CCS in the
defense of such matter.
Jurisdiction
The laws of
the State of Connecticut, United States
govern these Terms of Use and your use of
the Site, and you irrevocably consent to the
jurisdiction of the courts located in the
State of Connecticut for any action arising
out of or relating to these Terms of Use.
CCS recognizes that it is possible for you
to obtain access to this Site from any
jurisdiction in the world, but we have no
practical ability to prevent such access.
This Site has been designed to comply with
the laws of the State of Connecticut and of
the United States. If any material on this
Site, or your use of the Site, is contrary
to the laws of the place where you are when
you access it, the Site is not intended for
you, and we ask you not to use the Site. You
are responsible for informing yourself of
the laws of your jurisdiction and complying
with them.
Changes to
Terms
CCS may add
to, change, or remove any part of these
Terms of Use at any time, without notice.
Any changes to these Terms of Use or any
terms posted on this Site apply as soon as
they are posted. By continuing to use this
Site after any changes are posted, you are
indicating your acceptance of those changes.
CCS may add, change, discontinue, remove, or
suspend any other Content posted on this
Site, including features and specifications
of products described or depicted on the
Site, temporarily or permanently, at any
time, without notice and without liability.
Entire
Agreement
This
agreement and any policies or operating
rules posted on this Site constitute the
entire agreement and understanding between
you and CCS with respect to the subject
matter thereof and supersede all prior or
contemporaneous communications and
proposals, whether oral or written, between
the parties with respect to such subject
matter. A printed version of these Terms of
Use shall be admissible in judicial or
administrative proceedings based on or
relating to use of the Site to the same
extent and subject to the same conditions as
other business documents and records
originally generated and maintained in
printed form.
Any cause of action you may have with
respect to your use of this Site must be
commenced within one (1) year after the
claim or cause of action arises.
If any provision of this agreement is
unlawful, void or unenforceable, the
remaining provisions of the agreement will
remain in place.
Other
Some features
that may be available on this Site require
registration. By registering at and in
consideration of your use of the Site you
agree to provide true, accurate, current and
complete information about yourself.
Some features on this Site require
use of a password. You are responsible for
protecting your password. You agree that you
will be responsible for any and all
statements made, and acts or omissions that
occur, through the use of your password. If
you have any reason to believe or become
aware of any loss, theft or unauthorized use
of your password, notify CCS immediately.
CCS may assume that any communications CCS
receives under your password have been made
by you unless CCS receives notice otherwise.
If any of the
provisions of these Terms of Use are held by
a court or other tribunal of competent
jurisdiction to be void or unenforceable,
such provisions shall be limited or
eliminated to the minimum extent necessary
and replaced with a valid provision that
best embodies the intent of these Terms of
Use, so that these Terms of Use shall remain
in full force and effect. These Terms of Use
constitute the entire agreement between you
and CCS with regard to your use of the Site,
and any and all other written or oral
agreements or understandings previously
existing between you and CCS with respect to
such use are hereby superseded and
cancelled. Other than as provided in a
purchase agreement you enter into with CCS,
CCS will not accept any counter-offers to
these Terms of Use, and all such offers are
hereby categorically rejected. CCS’s failure
to insist on or enforce strict performance
of these Terms of Use shall not be construed
as a waiver by CCS of any provision or any
right it has to enforce these Terms of Use,
nor shall any course of conduct between CCS
and you or any other party be deemed to
modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted
or construed to confer any rights or
remedies on any third parties.
Thank you for
visiting our Site.
Updated by
the CCS Intellectual Property Department on
June 8, 2012
Copyright ©
United Technologies Corporation 2012. All
rights reserved.
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