Customer Terms of Service
Last Updated: September 21, 2019
Thanks for using Alegion! These terms of service govern your access to and use of Alegion technology and services, so please read everything carefully. This page explains the terms by which you may use our website, Alegion.com and any of our technology, services, and other mobile or web applications that we make generally available to our customers (collectively with the Alegion Site and platform, “Alegion”), and that you have read, understood, and agree to be bound by these Terms of Service and other forms and policies (collectively the “Terms” or the “Agreement”).
As a customer of Alegion, you and any entity that you represent (collectively, “Client”, “Customer,” or “you”) agree to be bound by and are becoming a party to this agreement between you and Alegion, Inc. and its affiliates (“Alegion” or “us”). You may have completed either an Alegion Platform Order Form or a Platform Access Order Form (an “Order Form”). In addition to the Order Form you may have completed, this agreement includes and incorporates by reference the Alegion Customer Terms of Service or Terms Of Service (collectively, the “Agreement”). By accepting these terms, you unconditionally agree to ALL of these terms and policies.
These Terms of Service are a contract between you and Alegion, Inc. Alegion operates Alegion.com (“Alegion Site”). By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
Access And Use
Alegion hereby grants you a non-exclusive, non-transferable right to access and use Alegion website and platform properties (“Alegion”), solely with supported browsers through the Internet for your own internal purposes, subject to this Terms of Service and the Order Form. You may not permit Alegion to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use Alegion. All rights not expressly granted to you are reserved by Alegion and its licensors. You shall not (i) modify or make derivative works based upon Alegion; (ii) reverse engineer or access Alegion in order to (a) build a competitive product or service, (b) build a product using similar features, functions, or graphics of Alegion, or (c) copy any features, functions, or graphics of Alegion. You further acknowledge and agree that, as between the parties, Alegion owns all right, title, and interest in and to Alegion, including all intellectual property rights therein.
The materials on Alegion’s website are provided “as is”. Alegion makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Alegion does not warrant or make any representations concerning the accuracy, likely results, or reliability of the user of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Alegion or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials with the Alegion Internet site or platform, even if Alegion or an Alegion authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions And Errata
The materials that appear on the Alegion website could include technical, typographical, or photographic errors. Alegion does not warrant that any of the materials on its website are accurate, complete, or current. Alegion may make changes to the materials contained on its website at any time without notice. Alegion does not, however, make any commitment to update the materials.
You agree to defend, hold harmless and indemnify Alegion from and against any and all losses, costs, expenses, damages or other liabilities incurred by Alegion arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Alegion: (a) in connection with your use of Alegion including any payment obligations incurred through use of Alegion; or (b) resulting from: (i) your use of Alegion; (ii) your decision to supply profile or payment information via Alegion; (iii) any breach of contract or other claims made by Alegion with which you conducted business through Alegion; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through Alegion; (viii) any act or omission of yours with respect to the payment of fees to any Alegion; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to Alegion. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Limitations Of Liability
In no event will we or our 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 profits, lost revenue, loss of data, or other damages arising from your use of the site or platform, 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. Certain state 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.
Terms Of Services Modifications
Alegion may revise these Terms and Conditions of Use at any time without notice; provided that, if we make any material changes to these Terms and Conditions of Use, we will use commercially reasonable efforts to notify you. By continuing to use and access Alegion, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to the Alegion web site and platform shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
These Terms of Service and any policies or operating rules posted 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 Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. 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 Services is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Services 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 Services or use of the Site. You agree that these Terms of Services will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Services and the lack of signing by the parties hereto to execute these Terms of Services.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
501 Pedernales St. 1a Austin, TX 78702