Terms of Use
Last Modified: October 1, 2015
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Acceptance of the
Terms of Use
Welcome to the portal website of Nortek Security & Control, (the “Nortek Control”, “we” or “us”), owned
and operated by our third party agent, Web Services US, LLC. The following
terms and conditions, together with any documents they expressly
incorporate by reference (collectively, these “Terms of Use”),
govern your access to and use of https://registration.nortekcontrol.com,
including any content, functionality and services offered on or through
such website (the “Website”), whether as a guest or a
registered user.
Please read the Terms of Use carefully before you start to use the
Website. By using the Website or by clicking to accept or agree
to the Terms of Use when this option is made available to you, you
accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, incorporated herein by reference, and that you have the
authority to be bound by these Terms of Use, on your and/or the company
for which you are an employee or agent. If you do not want to
agree to these Terms of Use or the Privacy Policy, you are prohibited from
accessing or using the Website. This Website is offered and available to
users who are 18 years of age or older. By using this Website, you
represent and warrant that you are of legal age to form a binding contract
with Nortek Security & Control.
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Changes to the Terms
of Use
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and
apply to all access to and use of the Website thereafter. However, any
changes to the dispute resolution provisions set forth in Governing Law
and Jurisdiction will not apply to any disputes for which the parties have
actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms
of Use means that you accept and agree to the changes. You are expected to
check this page each time you access this Website so you are aware of any
changes, as they are binding on you. We may also provide notice to you of
revised Terms of Use upon entry to the Website as prominently displayed or
via other communications (e.g., electronic mail, dealer agreements, etc.).
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Accessing the
Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or
material we provide on the Website, in our sole discretion without notice.
We will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to
users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website
(e.g., use of your browser and computer).
Ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked
to provide certain registration details or other information. It is a
condition of your use of the Website that all the information you provide
on the Website is correct, current and complete. You agree that all
information you provide to register with this Website or otherwise,
including but not limited to through the use of any interactive features
on the Website, is governed by our Privacy Policy, and you
consent to all actions we take with respect to your information consistent
with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other
piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to this
Website or portions of it using your user name, password or other security
information. You agree to notify us immediately of any unauthorized access
to or use of your user name or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of
each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to
view or record your password or other personal information.
We have the right to disable any user name, password or other identifier,
whether chosen by you or provided by us, at any time, including without
limitation if you have violated any provision of these Terms of Use.
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Intellectual
Property Rights
The Website and its entire contents, features and functionality (including
but not limited to all information, software, text, displays, images,
video and audio, and the design, selection and arrangement thereof), are
owned by Nortek Security & Control, its licensors or other providers of such material
and are protected by United States and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights
laws.
These Terms of Use permit you to use the Website for your personal,
non-commercial use only; provided, however, if you are an authorized
distributor, dealer or reseller of Nortek Security & Control, you are permitted to
access the Website and your portal accounts for purposes set forth in the
applicable agreements between you and Nortek Security & Control. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our
Website, except as follows:
Your computer may temporarily store copies of such materials in memory
incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for
display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the
Website for your own personal, non-commercial use and not for further
reproduction, publication or distribution, except as may be set forth in
the distribution, dealer or reseller agreement (if applicable).
If we provide desktop, mobile or other applications for download, you may
download a single copy to your computer or mobile device solely for your
own personal, non-commercial use, provided you agree to be bound by our
end user license agreement for such applications.
If we provide social media features with certain content, you make take
such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any
graphics separately from the accompanying text, except with prior written
consent of Nortek Security & Control.
Delete or alter any copyright, trademark or other proprietary rights
notices from copies of materials from this site.
Except as permitted by prior written agreement by Nortek Security & Control, you must
not access or use for any commercial purposes any part of the Website or
any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set
out in this section, please address your request to: NSCBrands@nortekcontrol.com.
If you print, copy, modify, download or otherwise use or provide any other
person with access to any part of the Website in breach of the Terms of
Use, your right to use the Website will cease immediately and you must, at
our option, return or destroy any copies of the materials you have made.
No right, title or interest in or to the Website or any content on the
Website is transferred to you, and all rights not expressly granted are
reserved by Nortek Security & Control. Any use of the Website not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark and other laws.
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Trademarks
The Nortek Security & Control name, the terms ‘NORTEK SECURITY & CONTROL’ and all related names,
logos, product and service names, designs and slogans are trademarks of
Nortek Security & Control or its affiliates or licensors. You must not use such marks
without the prior written permission of Nortek Security & Control. All other names,
logos, product and service names, designs and slogans on this Website are
the trademarks of their respective owners.
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Prohibited Uses
You may use the Website only for lawful purposes and in accordance with
these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
For the purpose of exploiting, harming or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional
material without our prior written consent, including any “junk mail”,
“chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Nortek Security & Control, a Nortek Security & Control
employee, another user or any other person or entity (including, without
limitation, by using e-mail addresses associated with any of the
foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm Nortek Security & Control or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party’s use of the Website,
including their ability to engage in real time activities through the
Website.
Use any robot, spider or other automatic device, process or means to
access the Website for any purpose, including monitoring or copying any of
the material on the Website.
Use any manual process to monitor or copy any of the material on the
Website or for any other unauthorized purpose without our prior written
consent.
Use any device, software or routine that interferes with the proper
working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt
any parts of the Website, the server on which the Website is stored, or
any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
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Monitoring and
Enforcement; Termination
We have the right to:
Disclose your identity or other information about you to any third party
who claims that material posted by you violates their rights, including
their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to
law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or
no reason, including without limitation, any violation of these Terms of
Use.
Without limiting the foregoing, we have the right to fully cooperate with
any law enforcement authorities or court order requesting or directing us
to disclose the identity or other information of anyone posting any
materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Nortek Security & Control AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY NORTEK SECURITY & CONTROL/ANY OF THE FOREGOING
PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NORTEK SECURITY & CONTROL/SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on
the Website, and cannot ensure prompt removal of objectionable material
after it has been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications or content
provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the
activities described in this section.
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Copyright
Infringement
If you believe that the Website content violates or infringes upon yours
or a third party’s intellectual property rights pursuant to Title 17,
United States Code, Section 512(c)(2), please notify us immediately at NSCBrands@nortekcontrol.com with all specifics
necessary for us to consider and respond to your complaint. You may be
asked to provide additional information and follow additional procedures
for us to act on your complaint.
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Reliance on
Information Posted
The information presented on or through the Website is made available
solely for general information purposes. We do not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on
such information is strictly at your own risk. We disclaim all liability
and responsibility arising from any reliance placed on such materials by
you or any other visitor to the Website, or by anyone who may be informed
of any of its contents.
This Website includes content provided by third parties, including
materials provided by other users and third-party licensors. All
statements and/or opinions expressed in these materials, and all articles
and responses to questions and other content, other than the content
provided by Nortek Security & Control, are solely the opinions and the responsibility of
the person or entity providing those materials. These materials do not
necessarily reflect the opinion of Nortek Security & Control. We are not responsible, or
liable to you or any third party, for the content or accuracy of any
materials provided by any third parties.
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Changes to the
Website
We may update the content on this Website from time to time, but its
content is not necessarily complete or up-to-date. Any of the material on
the Website may be out of date at any given time, and we are under no
obligation to update such material.
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Information About
You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy
Policy. By using the Website, you consent to all actions taken by us with
respect to your information in compliance with the Privacy Policy.
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Other Terms and
Conditions
Additional terms and conditions may also apply to specific portions,
services or features of the Website. All such additional terms and
conditions are hereby incorporated by this reference into these Terms of
Use.
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Linking to the
Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part without our express
written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on
this Website.
Send e-mails or other communications with certain content, or links to
certain content, on this Website.
Cause limited portions of content on this Website to be displayed or
appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with
respect to the content they are displayed with and otherwise in accordance
with any additional terms and conditions we provide with respect to such
features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be
displayed by, for example, framing, deep linking or in-line linking, on
any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website
that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or
linking immediately to cease. We reserve the right to withdraw linking
permission without notice.
We may disable all or any social media features and any links at any time
without notice in our discretion.
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Links from the
Website
If the Website contains links to other sites and resources provided by
third parties (other than our portals, which are partially provided by a
third-party service providers and content is partially provided by Nortek Security & Control and authorized users of such portals), these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control
over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your
use of them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk and subject to
the terms and conditions of use for such websites.
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Geographic
Restrictions
The owner of the Website is incorporated in the state of Delaware in the
United States of America. We provide this Website for use by persons
located in North America. We make no claims that the Website or any of its
content is accessible or appropriate outside of North America. Access to
the Website may not be legal by certain persons or in certain countries.
If you access the Website from outside North America, you do so on your
own initiative and are responsible for compliance with local laws.
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Disclaimer of
Warranties
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and
output, and for maintaining a means external to our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO
IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER Nortek Security & Control NOR ANY PERSON ASSOCIATED WITH
Nortek Security & Control MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF
THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Nortek Security & Control NOR
ANYONE ASSOCIATED WITH Nortek Security & Control REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
Nortek Security & Control HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
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Limitation on
Liability
IN NO EVENT WILL NORTEK SECURITY & CONTROL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES
OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
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Indemnification
You agree to defend, indemnify and hold harmless Nortek Security & Control, its
affiliates, licensors and service providers, and its and their respective
officers, directors, employees, contractors, agents, licensors, suppliers,
successors and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable
attorneys’ fees) arising out of or relating to your violation of these
Terms of Use or your use of the Website, including, but not limited to any
use of the Website’s content, services and products other than as
expressly authorized in these Terms of Use or your use of any information
obtained from the Website.
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Governing Law and
Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute
or claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of Delaware without giving
effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these
Terms of Use or the Website shall be instituted exclusively in the federal
courts of the United States or the courts of the State of California in
each case located in the City of San Francisco and County of San Francisco
although we retain the right to bring any suit, action or proceeding
against you for breach of these Terms of Use in your country of residence
or any other relevant country. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such
courts.
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Limitation on Time
to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
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Waiver and
Severability
No waiver of by Nortek Security & Control of any term or condition set forth in these
Terms of Use shall be deemed a further or continuing waiver of such term
or condition or a waiver of any other term or condition, and any failure
of Nortek Security & Control to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable
for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
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Entire Agreement
The Terms of Use and our Privacy Policy, and with respect to the portals,
any dealer, reseller or distribution agreements that are active by and
between you and Nortek Security & Control, constitute the sole and entire agreement
between you and Nortek Security & Control with respect to the Website and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Website.
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Your Comments and
Concerns
This website is operated by Nortek Security & Control located at: 5919 Sea Otter Pl. Carlsbad, CA 92010 800-421-1587.
All notices of copyright infringement claims should be sent to the email
address designated in Section 8 above, or Nortek Security & Control’ physical address in
this Section 23.
All other feedback, comments, requests for technical support and other
communications relating to the Website should be directed to: NSCBrands@nortekcontrol.com.