1. Introduction and Scope
Control4 sells hardware products (the "Hardware") and software, either embedded in the Hardware or distributed separately (the "Software" and together with the Hardware, the "Control4 System"), through its global network of authorized Control4 dealers and distributors (each a "Dealer"). Control4 owns and operates this micro-website in conjunction with one such Dealer ("Micro-Website"), as well as the websites located at www.control4.com, my.control4.com and other related Control4 web pages (collectively the "Website"), and provides access to certain content related to the use and operation of Control4 Systems (collectively the "Content"). Some of the Content provided on this Micro-Website is provided by the associated Dealer, and the accuracy of any such Content is not independently verified by Control4.
These Terms form a binding legal agreement between you and Control4 (the "Agreement") that sets forth the terms and conditions under which Control4 agrees to make the Micro-Website available to you and which govern your use of the Micro-Website.
Control4 may, in its sole discretion and without prior notice to you, add, delete or otherwise change the provisions of these Terms by posting on the Micro-Website a version of these Terms containing such changes. You should periodically check the Micro-Website for the most current version of these Terms. If you are dissatisfied with any such changes to these Terms, your sole recourse will be to cease use of the Micro-Website.
2. Certain of Your Representations and Warranties to Control4
You represent and warrant to Control4 that: (a) you are at least eighteen (18) years of age and are competent, and have the authority, to enter into this Agreement; and (b) you will not use the Micro-Website in violation of any applicable laws, regulations, or ordinances or for any illegal or unauthorized activities.
3. Dealers Are Independent Contractors, Not Agents of Control4
You are required to purchase your Control4 System from an authorized Control4 Dealer in your area of your choice. While such Dealers receive training regarding Control4 Systems, Dealers are independent contractors and service providers, and not employees or agents of Control4. Accordingly, (i) Control4 makes no representations or warranties with respect to Dealers or their services and is in no way responsible for their acts or omissions, and (ii) Dealers have no right to bind Control4 legally or otherwise make commitments on behalf of Control4. You are solely responsible to select a competent Dealer that meets your expectations. Such Dealer may offer additional installation, configuration or ongoing maintenance services. Any disputes that may arise between you and your Dealer are to be resolved between you and your Dealer. Further, the Dealer may add Content or otherwise change this Micro-Website, and Control4 specifically disclaims any and all liability related to any such Content or changes.
4. Term and Termination
These Terms will remain in full force and effect so long as you continue to use or access the Website, or until terminated by either party. Either party may terminate this Agreement or the use or availability of the Micro-Website at any time and for any reason.
5. Your Indemnification of Control4
You agree to defend, indemnify and hold harmless Control4, and its officers, directors, employees, consultants, agents, and other representatives, from and against any and all suits, claims, actions, proceedings, damages, demands, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), arising from or related to: (a) your negligence or willful misconduct; (b) your use of the Micro-Website; and (c) your breach of any of your representations, warranties, obligations, or covenants in this Agreement.
6. Warranty Disclaimers
(a) THE MICRO-WEBSITE IS PROVIDED FOR YOUR CONVENIENCE, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, AND CONTROL4 AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM, TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTROL4 AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS OR CONTENT WILL BE CORRECTED OR THAT THE MICRO-WEBSITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONTROL4, ANY DEALER OR THROUGH THE MICRO-WEBSITE SHALL CREATE ANY WARRANTY WITH RESPECT TO THE WEBSITE. FURTHER, CONTROL4 DOES NOT WARRANT THAT THE WEBSITE OR THE CONTROL4 SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE MICRO-WEBSITE. FURTHERMORE, CONTROL4 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROFESSIONAL SERVICES PERFORMED BY ANY CONTROL4 DEALERS.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL CONTROL4 OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATED TO CONTROL4'S PERFORMANCE OR FAILURE TO PERFORM IN ACCORDANCE WITH THIS AGREEMENT, OR YOUR USE OF THE MICRO-WEBSITE, OR THE OPERATION OR USE YOUR CONTROL4 SYSTEM, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF DATA, PROGRAMMING OR THIRD PARTY CONTENT, LOSS OF REVENUE OR PROFITS, OR FOR BUSINESS INTERRUPTION; (B) FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, OR CLAIMS AGAINST YOU BY ANY THIRD PERSON; (C) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY CONTROL4 TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND CONTROL4'S REASONABLE CONTROL; OR (D) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST CONTROL4 MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CONTROL4'S AND ITS SUPPLIERS' TOTAL, CUMULATIVE LIABILITY (INCLUDING ANY LEGAL FEES OR COSTS) ARISING FROM OR RELATED TO YOUR USE OF THE MICRO-WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $100. YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 APPLY WHETHER A CLAIM IS ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES, FORM A MATERIAL PART OF THIS AGREEMENT, AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY LIMITED REMEDY PROVIDED TO YOU FAILS IN ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
9. Forward-Looking Statements
This website contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management's plans, objectives, and strategies. These statements are neither promises nor guarantees, and are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, the risks and uncertainties include, among other things: changing market conditions, the introduction of new competitive products, challenges related to changing technologies, supply chain disruptions, unanticipated defects or deficiencies in the hardware, software or related services or changes in governmental regulations or requirements. Control4 assumes no obligation to update any forward-looking statements contained on this Micro-Website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
Control4 and the applicable Dealer may make improvements and/or changes to this Micro-Website at any time. Although we attempt to periodically update information on this Micro-Website, the Content, information, materials and services provided on or through this Micro-Website may occasionally be inaccurate, incomplete or out of date. Control4 disclaims any duty to update the Content, information, materials and services contained in this Micro-Website, and Control4 will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this Micro-Website, and we undertake no obligation to update or revise the information contained on this Micro-Website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Micro-Website before relying upon it.
11. Governing Law and Jurisdiction; Waiver of Jury Trial
This Agreement and any claims arising hereunder will be governed by the laws of the State of Utah, excluding principles of conflict or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. To the extent permitted by applicable law, you and Control4 hereby irrevocably submit to the jurisdiction of any Utah state court or United States federal court, in either case sitting in Utah over any suit, action or other proceeding brought by you, a third party, or Control4 arising out of or relating to these Terms, and you and Control4 hereby irrevocably agree that all claims with respect to any such suit, action or other proceeding shall be heard and determined in such courts. THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED AMONG THEM. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims). THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT, AND RELATED DOCUMENTS, OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THIS TRANSACTION OR ANY RELATED TRANSACTION. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.
This Agreement represents the entire agreement between you and Control4 with respect to your use, and Control4's provision, of the Micro-Website, and its terms supersede and replace any prior or contemporaneous written or oral statements by Control4 or its representatives, dealers, or resellers. If any provision of this Agreement is held by a court to be invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable, and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language, and this Agreement will not be construed against the drafting party. You may not amend this Agreement except in a writing signed by Control4. You may not assign, sublicense or transfer any of your rights and obligations under this Agreement to a third party without Control4's prior written consent. Any attempted assignment, sublicense, or transfer without the prior written consent of Control4 shall be null and void. Control4's failure to enforce any of the terms of the terms and conditions of this Agreement shall not constitute a waiver or relinquishment of Control4's right to do so at any time. Sections 4- 12 shall survive any termination or expiration of this Agreement.
Copyright 2003-2017 Control4® Corporation. All rights reserved. All trademarks, logos, trade names and service marks ("Marks") displayed on the Website or the Services are the property of Control4 or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Control4 or such respective holders. Control4 reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
Last updated: August 20, 2013