Terms of Use

TERMS OF USE

Last updated June 1st, 2021

AGREEMENT TO TERMS

These Terms of Use, together with and including any other documents referred to or incorporated within them, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Viessmann Manufacturing Co. (U.S.), Inc. (“Company”, “we”, “us”, or “our”), concerning your access to and use of the ViCare, Vitoguide or ViPlan applications as well as any other media form, media channel, mobile website, or other mobile application related, linked, or otherwise connected thereto or that is operated by us (collectively “the Site”).   If you are the owner or operator of installed Viessmann appliances (“Hardware”), you are subject to any specific terms regarding “Homeowners”. If you are a professional who provides services relating to Hardware (such as installation, maintenance, or design), you are subject to any specific terms regarding “Professionals”.   The Site may offer goods or services for sale (“Marketplace Offerings”) to Homeowners as well as invoice and ordering functionality to Professionals.   You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.   IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

Supplemental terms and conditions or documents that we may provide to you in connection with your orders or purchases, or that may be posted on the Site from time to time, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.   We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.   It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The Site is intended for users in the United States only.   The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the law or regulations or which would subject us to any registration requirement within such jurisdiction or country.   Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with the local laws and regulations, if and to the extent local laws and regulations are applicable.  

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.  

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.   The Content and the Marks are provided on the Site “AS IS” for your information and authorized use only.   Except as expressly provided in these Terms of Use, no part of the Site and no Content  or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.  

The Site contains components that are licensed as open source software (hereinafter referred to as "Open Source Components"). You can view the Open Source Components and the relevant license text in the menu of the Site as follows:

Vitoguide:

a) For end devices with Android operating system, within the App settings under the menu item "Open Source License Terms".  
b) For end devices with iOS operating system, within the iOS settings of the end device in the menu item "Vitoguide" -> "Open Source License Terms".  
c) For the web application (monitoring and service function), within the Burger menu in the item “Legal information”.

ViCare:

a) For end devices with Android operating system, within the App settings menu item "Legal notes" -> "Open Source Licenses".
b)For end devices with iOS operating system, within the iOS settings of the end device in the menu "ViCare" -> "Open Source Licenses".

ViPlan

For the web application, within the Burger menu in the item “Legal information”.

You may read the copyright notices, license text, disclaimers/liability exclusions and any other notices in accordance with the applicable open source licenses in the aforementioned menu items of the Site.   You are also entitled to use the Open Source Components of the Site to the extent described in these Terms for the respective component of the Site.   The authors of the Open Source Components exclude their liability for the software they provide free of charge to a very wide extent. We are obliged to clearly indicate this disclaimer at this point. You can find the exact text of the respective disclaimers in the license texts in the menu item described above. You may acquire further rights of use to the Open Source Components from the respective rights holders by negotiating license agreements with them under the terms of the respective open source licenses. In that case, your use of the Open Source Components is not covered by these Terms of Use, but is governed solely by the respective applicable open source licenses.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for (a) your personal, non-commercial use as a Homeowner or (b) your commercial Professional endeavors that are specifically authorized by us.   We reserve all rights not expressly granted to you in and to the Site,  the Content, and the Marks.  

USER REPRESENTATIONS

By using the Site, you represent and warrant that:   (1) all registration information you submit will be true, accurate, current, and complete ;   (2) you will maintain the accuracy of such information and promptly update such registration information as necessary ; (3) you have the legal capacity to form a binding contract for yourself or your employer and you agree to comply with these Terms of Use ; (4) you are not a minor in the jurisdiction in which you reside ; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise ; (6) you will not use the Site for any illegal or unauthorized purpose ; and (7) your use of the Site will not violate any applicable law or regulation.  

If you provide any information that is untrue, inaccurate,   not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  

USER REGISTRATION

You may be required to register with the Site in order to use all or some of its functions. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable for any reason.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for any and all products are subject to change.

PURCHASES AND PAYMENT

Depending on your order or purchase, we may accept payment via Visa and Mastercard and via bank transfer (ACH).

All payment processing services are provided by a third party service provider and are subject to that provider’s Terms of Use and Privacy Policy.

You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, bank account information or payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time, and without prior notice. All payments shall be in U.S. Dollars (USD).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider or initiate transfer for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method or debiting the account you have given us on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order or revoke authorization using the information located below under Contact Us. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested and/or received payment. If you have authorized payment via funds transfer, we also reserve the right to credit your account for any erroneous debits, and you agree that we may do so without contacting you first.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per customer, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

All orders are subject to our Terms and Conditions of Sale, Delivery and Payment, which are found here and are expressly incorporated into these Terms of Use. Other terms and conditions may apply, depending on your order or purchase.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically authorized by us.

As a user of this Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written authorization from us.
2. Make any unauthorized use of the Site, including collecting or using any Personal Data (as that is defined in our Privacy Policy) of Homeowners except to provide authorized services to them, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with security-related features on the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Use the Site to advertise or offer to sell goods and services other than those authorized by us.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
10. Attempt to impersonate another user or person or use the username of another user.
11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or any services to you.
15. Delete the copyright or other proprietary rights notice from any Content.
16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or any other code.
17. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
18. Disparate, tarnish, or otherwise harm, in our opinion, and in our sole discretion, us and/or the Site.
19. Use the Site in any manner inconsistent with any applicable laws or regulations.
20. Trade, sell, transfer, or otherwise assign your account and/or profile to another person and/or user.
    

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and/or other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”).   Contributions may be viewable by other users of the Site and the marketplace offerings and through third-party websites.   As such, any Contributions you transmit are not Confidential Information.   When you create or make available any Contributions, you thereby represent and warrant that:  

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us, in our sole discretion).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health and/or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap, or any other legally recognized protected class of person or people.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law, regulation, or rule.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the marketplace offerings.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including , without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.  

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name as applicable, and any of the trademarks, service marks, trade names, logos, and personal commercial images you provide.   You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.  

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area, in any manner, on the Site.   You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any all responsibility or liability regarding your Contributions, and to refrain from any legal action against us, regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to modify, edit, redact, or otherwise change any Contributions; (2) to combine Contributions with any other material from any source whatsoever; (3) to create derivative works from Contributions; (4) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (5) to pre-screen or delete any Contributions at any time and for any reason, without notice.   Notwithstanding any other provision in these Terms of Use, we have no obligation to monitor, use, or consider using your Contributions.  

MOBILE APPLICATION LICENSE

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Site application on wireless electronic devices owned or controlled by you, and to access and use the Site on such devices strictly in accordance with the terms and conditions of this Site - license contained   in these Terms of Use.   You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Site; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Site; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of   the Site; (5) use the Site for any revenue generating activities or endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Site available over a network or other environment permitting access or use by multiple users or devices at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Site; (8) use the Site to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Site.  

Apple and Android Devices

The following terms apply when you obtain the Site from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our Site is limited to a non-transferable license to use the Site on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributors’ terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Site as specified in the terms and conditions of these license provisions contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Site; (3) in the event of any failure of the Site to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Site, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Site; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Site, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Site; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in these license provisions contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in these license provisions contained in these Terms of Use against you as a third-party beneficiary thereof.  

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property.   We will not return any Submission to you.   We own all rights, including all intellectual property rights in all Submissions.   As such, we may use and disseminate these Submissions, without restriction, for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.   You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.   You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.  Notwithstanding any other provision in these Terms of Use, we have no obligation to use or consider using any Submission,    

CONFIDENTIAL INFORMATION

“Confidential Information” means (i) Personal Data (as that is defined in our Privacy Policy) relating to Homeowners and (ii) non-public information about the operation, status, installation, maintenance, and usage of and otherwise relating to Hardware.   You agree to keep all Confidential Information confidential, not to disclose it to any third party without our authorization, and not to use it other than as expressly authorized by us in these Terms of Use or a separate binding agreement between us.    

  SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates   the law or these Terms of Use, including without limitation, reporting such user and/or violations to law enforcement authorities or other regulatory bodies and/or entities ; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights an property and to facilitate the proper functioning of the Site and the Marketplace Offerings.  

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please be advised the Site and the Marketplace Offerings may be hosted on servers inside or outside the United States. Other countries or regions may have laws or other requirements that treat the collection, use, or disclosure of personal data differently from laws of the United States. Through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States in accordance with the laws of the United States, and with these Terms of Use including the Privacy Policy.  

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others.   If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).   A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to United States federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that the material located on or linked to by the Site infringes on your copyright, you should consider first contacting an attorney prior to Notification.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work or material claimed to have been infringed, or, if multiple copyrighted works or materials on the Site are covered by the Notification, a representative list of such works or materials on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.  

Counter Notification

If you believe that your own copyright material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).   To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the work or material in question was removed or disabled as a result of a mistake or misidentification of the work or material to be removed or disabled; and (6) your physical or electronic signature.  

Filing a false Counter Notification constitutes perjury.  

Designated Copyright Agent:
Legal Department
Attn: Copyright agent
45 Access Road
Warwick, RI 02886
United States
info@viessmann-us.com

TERM AND TERMINATION

Unless earlier terminated by us, these Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE THE ACCOUNT OF OR DENY ACCESS TO OR USE OF THE SITE OR THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) BY, ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION.   WITHOUT LIMITING THE FOREGOING, WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR OTHER INFORMATION THAT YOU SUBMIT OR MAKE AVAILABLE TO US AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, a pseudonym, or the name of any third party, even if you may be acting on behalf of the third party.   In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  

MODIFICATIONS, REMOVALS, AND INTERRUPTIONS

We reserve the right to change, modify, discontinue, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.   We also reserve the right to modify or discontinue all or part of the Marketplace Offerings and without notice at any time.   We will not be liable to you or any third party for any availability, unavailability, modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.  

We cannot guarantee that the Site and the Marketplace Offerings will be available at all times.   We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.   We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you.   You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings.   Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.  

GOVERNING LAW

These Terms of Use and your use of the Site and Marketplace Offerings are governed by and construed in accordance with the laws of the State of Rhode Island applicable to agreements made and to be entirely performed within the State of Rhode Island, without regard to its conflict of law principles.  

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties”, and individually “a Party”) shall be commenced or prosecuted in the state and federal courts located in Providence County, Rhode Island, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.   Application of the United Nations Convention on Contracts for the International Sale of Goods and Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.   In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than (1) year after the cause of action arose.

DISCLAIMER

THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.   WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AN DUSE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.   WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.   AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGE ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE SITE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.   CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.   Notwithstanding the foregoing, we reserve the right at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.   We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  

USER DATA

We will maintain certain data that you or your Hardware transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.   Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.   You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.  

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO USE THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.   YOU AGREE THAT ELECTRONIC SIGNATURES ARE VALID AND BINDING AND THAT YOUR ELECTRONIC SIGNATURE INDICATES YOUR AFFIRMATIVE INTENT TO CREATE A LEGALLY BINDING COMMITMENT.   You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by means other than electronic means.  

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.   Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.   These Terms of use operate to the fullest extent permissible by law.   We may assign any or all of our rights and obligations to others at any time, and for any reason, in our sole and absolute discretion. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.   If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.   You agree that these Terms of Use will not be construed against us by virtue of having drafted them.   You hereby waive any and all defense you may have based on the electronic form of these Terms of Use and the lack of signing by any parties hereto to execute these Terms of Use.  

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Viessmann Manufacturing Co. (U.S.), Inc.  
45 Access Road
Warwick, RI 027886
United States
Phone: (401) 732-0667
Fax: (401)-732-05990
Email: info@viessmann-us.com

  

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