Terms of Use
INTRO
This Web site, including any sub-site accessible through the
homepage, is operated by UTC Building & Industrial Systems
("BIS"), its subsidiaries, affiliates and/or related entities
(collectively, the "Site"). BIS 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.
BIS 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, BIS grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site.
NO OBLIGATION
BIS 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. BIS
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 BIS, 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 BIS, is expressly prohibited. You agree to abide
by all additional restrictions displayed on the Site as it may
be updated from time to time. BIS 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. BIS, 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 BIS's sole discretion.
BIS neither warrants nor represents that your use of materials
on this Site will not infringe rights of third parties not
affiliated with BIS.
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 BIS 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 BIS, including any BIS 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 BIS's systems or networks, or any
systems or networks connected to the Site or to BIS. 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 BIS 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 BIS 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. BIS 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 BIS may be
entitled at law or in equity.
TRADEMARKS
Trademarks, logos and service marks displayed on this Site are
registered and unregistered trademarks of BIS, 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. BIS
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 BIS 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 BIS is free to use any ideas, concepts or know-how that you
or individuals acting on your behalf provide to BIS. You grant
BIS 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 BIS for all claims resulting from content you supply.
BIS 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 BIS 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. BIS 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 BIS approves of, endorses, or recommends that website.
Different terms and conditions may apply to your use of any
linked websites. BIS 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 SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIS RESERVES THE RIGHT
TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE
OR PART THEREOF AT ANY TIME. BIS 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 SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE
SITE WILL BE SECURE; THAT THE 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 BIS OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY OF ANY KIND. BIS 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 APPLICABLE LAW, NEITHER BIS NOR ITS
AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES 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 SITE,
REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
BIS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, 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, ALTERATION OF, LOSS OR USE OF ANY RECORD
OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BIS 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 BIS IS TO
DISCONTINUE YOUR USE OF THE SITE. YOU AND BIS 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 BIS 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. BIS
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 BIS 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. BIS 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
BIS 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. BIS
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 BIS 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 BIS immediately. BIS may assume that
any communications BIS receives under your password have been
made by you unless BIS 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 BIS
with regard to your use of the Site, and any and all other
written or oral agreements or understandings previously existing
between you and BIS with respect to such use are hereby
superseded and cancelled. Other than as provided in a purchase
agreement you enter into with BIS, BIS will not accept any
counter-offers to these Terms of Use, and all such offers are
hereby categorically rejected. BIS's failure to insist on or
enforce strict performance of these Terms of Use shall not be
construed as a waiver by BIS of any provision or any right it
has to enforce these Terms of Use, nor shall any course of
conduct between BIS 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 BIS Intellectual Property Department on December
11, 2013