Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE. THE USE OF OUR SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.

Purpose of Agreement

Our Services are made available to you by DtiCorp subject to the following Terms of Service. DtiCorp may also offer other services that are governed by a different Terms of Service. DtiCorp provides the services only to persons who are above 13 years of age. By using the services you represent that you are 13 years or older.

Description of Service

DtiCorp provides users with access to an array of services for online collaboration and management. You may connect to the service using any Internet browser. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services. You may create, edit, publish and share the contents of your Accounts. You are responsible for the contents of your Account and Account information and DtiCorp shall not be responsible for deletion, failure to store or unauthorized access to the contents of your Account. The contents of the Accounts are created by persons over whom DtiCorp does not exercise any control and DtiCorp does not assume responsibility for the same.

Subscription to Beta Service

DtiCorp may offer certain services as closed or open beta services (the "Beta Service") for the purpose of testing and evaluation. DtiCorp shall have the sole authority and discretion to determine the period of time for testing and evaluation of the Beta Service. DtiCorp shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Service as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to the Beta Service. DtiCorp reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Beta Service (or any part thereof) with or without notice. You agree that DtiCorp shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Beta Service for any reason.

Modification of Terms of Service

DtiCorp may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://Honeywell-Thermostats.com. In the event DtiCorp modifies these Terms of Service, you may terminate your use of any or all of the Services. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.

Member Registration Obligations

In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if DtiCorp has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, DtiCorp has the right to terminate your Membership and refuse current or future use of any or all of the Services.

Personal Information and Privacy

Personal information you provide to DtiCorp through the Service is governed by the Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify DtiCorp immediately of any unauthorized Account use at accounts@DtiCorp.com. DtiCorp is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Member Account.

Communications from DtiCorp

The Service may include certain communications from DtiCorp, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.

Fees and Payments

DtiCorp reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time DtiCorp requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by DtiCorp, DtiCorp shall have the right to cease providing the Service to you.

Restriction of use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the services; (ii) provide any service based on the services; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v) use the services for spamming and illegal purposes.

Spamming and illegal activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. DtiCorp reserves the right to terminate the services if DtiCorp believes that you have used the services for any illegal or unauthorized activities.

Trademark

Honeywell, Honeywell logo, DtiCorp, DtiCorp logo, the names of different Services and their logos are trademarks and you agree not to display or use, in any manner, these trademarks, without prior permission.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. DTICORP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DTICORP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM DTICORP, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DTICORP BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DTICORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DTICORP RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.

Indemnification

You agree to indemnify and hold harmless DtiCorp, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Services.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, DtiCorp may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Termination

You agree that DtiCorp may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms of Service or the Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your DtiCorp Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at legal@Honeywell-Thermostats.com