Collection: Carrier Corporation and its affiliates (collectively, “Carrier”), as well as its licensors, suppliers, and service providers (collectively, “Carrier Suppliers”) collect your information at carrier.com and carrier.com sub-domains (each, a “Site”) in several ways.
Purchase and Log-In Information: If you pre-order or purchase Carrier products from our Site, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. If you create a Carrier account, your name, billing and shipping address and the last four digits of your credit card information can be stored. We do not collect or store your full credit card information. Our credit card processing service provider will collect and store full payment card information from you, even as a guest user, when an order is placed, until when it ships. If you create a Carrier account and elect to have payment card information saved, our credit card processing service provider will store your payment information.
Mailing List Information: You may choose to submit your email address via a submission form located on our Site. Your email address may be used to send you news about Carrier-related services, products or promotions. We may use one or more service providers to administer these messages or perform other tasks for us, and we will share your email address with those third party service providers as necessary to provide services to you. You may later choose to stop receiving news about Carrier-related services, products or promotions via the Unsubscribe form also located on our Site.
Device Usage information: If you are logged into your Carrier account, we record the IP address from which you visit our website, and if you have an internet connected type of thermostat or device, we or one of our third-party service providers, record adjustments you make to the product through the website interface. We store this data along with your email address, information about your Carrier device, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of Carrier products and services.
Website Use Information: Like many websites, we and our third party service providers analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit our website, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with our Site’s webpages and with third party links, traffic and usage trends on the service, etc. We use session cookies to keep you logged in while you use features of our web application; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Site. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website, to diagnose and fix technology problems, and otherwise enhance our services. In some of our email messages, we use a “click-through URL” linked to content on the Site. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third party analytics tools to assist us with analyzing and improving our service. Most Internet browsers automatically accept cookies, but you may be able to change the settings to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our Site may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.
Online Tracking and Your Choices:
California Minors: If you are a California resident who is under 18 and a registered user of our Site (e.g., created a Carrier account on our Site), this section applies to you. Carrier may provide registered users the functionality of posting information on our Site. If and to the extent CA Bus. & Prof. § 22581 applies, you may request and obtain removal of content or information posted by you (as a Carrier account holder) subject to the exceptions provided in this “California Minors” section. If you can accomplish removal on your own by following the instructions on our Site, then follow those instructions. If that won’t work, contact us by using the contact information provided in the “Contact Us” section below by specifying the information or content and each location of it in enough detail so that we reasonably can find it and meet your request in the ordinary course of our business. CA Bus. & Prof. § 22581 provides exceptions to your ability to request and obtain removal of content or information posted by you on our Site. Those exceptions in CA Bus. & Prof. § 22581 are: (1) federal or state laws requiring us or a third party to maintain the content or information; (2) the content or information isn’t covered by the law (e.g., someone other than you posted it or your posting is stored, republished, or reposted by a third party); (3) we turned your content or information into anonymized data (such as, aggregated data or the like) and thereby disabling the ability to identify your content and information among other users’ content or information; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. If any one of the above exceptions applies, we are not required to remove your content or information from our Site.
REMOVAL OF YOUR POSTED CONTENT OR INFORMATION FROM OUR SITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION. The law does not require us to actually eliminate the information posted by you; the law is satisfied if we keep it but render it invisible to other users and the public. Also, some information will already be beyond our control (e.g., a user or other third party might have already copied it). Law enforcement may obtain the content or information pursuant to certain court orders.
Data Sharing: Under no circumstance do we share your contact information for any commercial or marketing purpose unrelated to the delivery of Carrier products and services without asking you first. Period. We do not rent or sell our customer lists.
Our service technicians, Carrier Supplier employees and other Carrier employees have supervised access to your information so they can answer your questions if you contact us for help and so they can monitor our servers for technical problems.
We share your information with Carrier Suppliers, our service providers, vendors, or consultants that perform services on our behalf in connection with delivering or improving Carrier products and services, which could include identifying and serving targeted advertisements, content or service fulfillment, billing, or providing analytics services. Our service providers will be given access to your information as is reasonably necessary to provide the service under reasonable confidentiality terms.
Business Transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
Security: Carrier takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to transmit and store your data securely including HTTPS, SSL, and at least 128bit encryption using internal or cloud based storage services hosted in the United States or Canada. However, Carrier cannot guarantee that unauthorized third parties will never be able to defeat our or our service provider’s security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
International Visitors: The Carrier websites are hosted in the United States and Canada and are intended for United States and Canadian visitors. If you are accessing the site from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and/or Canada by providing your personal data you consent to that transfer.
California Shine the Light Law. California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed your personal information as defined under that statute, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request you may contact us by using the contact information in the “Contact Us” section below.
If you have any questions, please contact us at:
UTC Building & Industrial Systems
One Carrier Place
Farmington, CT 06032
Copyright © 2014, Carrier Corporation. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Carrier or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Carrier or such respective holders. Carrier 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: June 2014.
Terms of Service
Carrier Corporation and its affiliates (collectively, “Carrier”), and its licensors, suppliers, and service providers (collectively, “Carrier Suppliers”) provide: (1) a Carrier user account website that may be accessed at “carrier.com/homecomfort” and “Myhome.carrier.com ” (“collectively the “Site”), (2) services accessible through the Site (“Web App”), and (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), all for use in conjunction with Carrier hardware products (“Products”) and any underlying software necessary to support the Products. The term “Services” means the Site, Web App, and Mobile Apps.
These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1. Overview, Eligibility, Customer Service, Term and Termination, Suspension of Services
(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services. Your purchase of any Product is governed by the limited warranty provided with that Product (“Limited Warranty”) and may further be governed by that Product’s Terms and Conditions of Sale. The software embedded in that Product (and any updates thereto) (“Product Software”) is licensed and governed by that Product’s End User License Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules, and the Privacy Statement set forth below (“Privacy Statement”), are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.
(b) Eligibility. You may use the Services only if you can form a binding contract with Carrier, and if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by Carrier.
(c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Carrier at:
UTC Building & Industrial Systems
One Carrier Place
Farmington, CT 06032
(d) Term; No Transfer. These Terms will remain in full force and effect so long as you continue to access or use the Services. At any time, Carrier may suspend or terminate your rights to access or use the Services, for any reason, including, but not limited to situations in which Carrier in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Carrier.
(e) Effect of Termination. Upon Carrier’s termination of your rights to access or use the Services, your Account will terminate immediately.
To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without the express permission of the account holder. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Carrier of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Carrier is not liable for any loss or damage arising from your failure to comply with the above requirements.
3. Access to Services
(a) Access and Use. Subject to these Terms, Carrier grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web App in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Carrier for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.
(b) Automatic Software Updates. Carrier may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Carrier provides. Your continued use of the Services and the Product is your agreement (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Product Software.
(c) Interface to Third Party Products and Services. Over time, Carrier may provide the opportunity for you to interface the Products and Services to one or more third party products and services, through and using the Services (“Third Party Products and Services”). You will decide whether and with which Third Party Products and Services you want to interface. Your explicit consent and authorization will be required for this interface, and will be revocable by you at any time. Once your consent is given for a particular Third Party Product and Service, you agree that Carrier may exchange information and control data regarding you and your products, including your personally identifiable information, in order to enable the interface you have authorized. This information will be secured and subject to the Privacy Statement.
(d) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Carrier; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(e) Open Source. Certain items of independent, third party code may be included in the Web App and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
(g) Security. Carrier cares about the integrity and security of your personal information. However, Carrier cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(h) Modification, Suspension or Discontinuance of Any Service. Carrier reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Carrier will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(i) Access Outside Certain Countries. Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are not available to all persons or in all countries. If you choose to access the Site from outside a country in which Carrier supports the Product and Services (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, Carrier accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.
4. Agreed Usage and Limitations of Carrier Services
(a) Intended Use of Carrier Services. The Services are intended to be accessed and used for non-time-critical information and control of Carrier products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Carrier’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Carrier is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(b) No Life-Safety or Critical Uses of the Services. You acknowledge that the Products and Services are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – CARRIER DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, Carrier customer service and support contacts are not intended to be and cannot be considered to be a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
(c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR CARRIER PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by Carrier on what to do in an emergency is based on authoritative safety sources, but there is no way for Carrier to provide specific information relating to a situation in your home. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
(d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Carrier does not offer any specific uptime guarantee for the Services.
(e) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Carrier. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
(f) Energy Savings and other Benefits. Unless explicitly promising a “guarantee,” Carrier does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond Carrier’s control or knowledge. From time to time, Carrier may use the Services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Carrier if your savings differ.
(g) The Services provide you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.
5. Limitations of Carrier Services Due to Third Parties.
(a) General. Carrier Services rely on or interoperate with third party products and services. These third party products and services are beyond Carrier’s control, but their operation may impact or be impacted by the use and reliability of the Carrier Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Carrier Services operate, and (iii) Carrier is not responsible for damages and losses due to the operation of these third party products and services.
(b) Third Party Service Providers Used By Carrier. You acknowledge that Carrier uses Carrier Suppliers and/or third party services providers to enable some aspects of the Services – such as, for example, data storage, synchronization, communication, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.
(d) Third Party Products and Services that Work With Carrier Services. Carrier may provide the opportunity for you to interface to Third Party Products and Services. These Third Party Products and Services are not Carrier products and services and you agree that Carrier is not responsible for damages or loss that may be caused by them.
(e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., an “App Store” or “App Market” (each an “App Store”). You acknowledge that these Terms are between you and Carrier and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(f) Third Party Website Links and Referrals. The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Carrier provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites and/or Referred Vendors is at your own risk.
(g) Release Regarding Third Parties. Carrier is not responsible for third parties or their products and services, including the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and MDCs. You hereby release Carrier and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. Ownership and Intellectual Property
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Site, Web App, and Mobile Apps) are owned by Carrier or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Carrier and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you make copies or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Carrier. You must have a license from us before you can post or redistribute any portion of the Services. Carrier retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
You may choose to, or Carrier may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Carrier under any fiduciary or other obligation. Carrier may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Carrier does not waive any rights to use similar or related ideas previously known to Carrier, developed by its employees, or obtained from other sources.
You agree to indemnify and hold Carrier and Carrier Suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms. Carrier reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Carrier and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Carrier’s prior written consent. Carrier will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Warranty Disclaimers
(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE END USER LICENSE AGREEMENT, RESPECTIVELY.
(b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND CARRIER AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) CARRIER AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, 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 CARRIER OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
9. Limitation of Liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CARRIER, OR CARRIER SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF CARRIER OR CARRIER SUPPLIERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CARRIER’S OR CARRIER’S SUPPLIERS TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO CARRIER OR CARRIER’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CARRIER DISCLAIMS ALL LIABILITY OF ANY KIND OF CARRIER’S LICENSORS AND SUPPLIERS.
(a) Contact Carrier First. If a dispute arises between you and Carrier, our goal is to learn about and address your concerns. You agree that you will notify Carrier about any dispute you have with Carrier regarding these Terms by contacting Carrier.
(b) Jurisdiction. The laws of the State of Connecticut, United States govern these Terms and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the State of Connecticut for any action arising out of or relating to these Terms.
(a) Changes to these Terms. Carrier reserves the right to make changes to these Terms. You should ensure that you have read and agree with our most recent terms of service when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Carrier may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(c) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Carrier regarding the use of the Services. Any failure by Carrier to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(d) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Carrier’s prior written consent. These Terms may be assigned by Carrier without restriction. These Terms are binding upon any permitted assignee.
(e) Notifications. Carrier may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. Carrier is not responsible for any automatic filtering you or your network provider may apply to email notifications. Carrier recommends that you add: @carrier.com and @myhome.carrier.com URLs to your email address book to help ensure you receive email notifications from Carrier.
(f) Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
(g) Copyright/Trademark Information. Copyright © 2014, Carrier Corporation. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Carrier or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Carrier or such respective holders. Carrier 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: June 2014.