Terms of Service

 

These terms and conditions are entered into by and between you and Baxi N.A. and its affiliates (“Baxi N.A.”, “we”, “our”, “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of Baxi N.A. websites, room thermostat services, systems, and software, whether as a guest or a registered user.

Please read these Terms of Service carefully before you start to use the Baxi N.A. websites, products or services. By using the Baxi N.A. websites, products or services (or by clicking to accept or agree to the Terms of Service when this option is made available to you), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Baxi N.A. websites, products or services.

Baxi N.A. websites, products and services are offered and available to users who are 18 years of age or older, and reside in the United States, Canada, or any of their territories or possessions. By using Baxi N.A. websites, products and services, you represent and warrant that you are of legal age to form a binding contract with Baxi N.A. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Baxi N.A. websites, products or services.

Modifications of these Terms of Service

Baxi N.A. reserves the right to revise and update these Terms of Service at any time and from time to time without specific notice to you. The latest Terms of Service will be posted on this website and all changes will be effective immediately when we post them.

Your continued use of the Baxi N.A. websites, products and services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing Baxi N.A. Websites

We reserve the right to withdraw or amend our websites, and any service or material we provide on our websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Baxi N.A. websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Websites, or entire domains, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to our websites.
  • Ensuring that all persons who access our websites through your internet connection are aware of these Terms of Service and comply with them.

To access Baxi N.A. websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our websites that all the information you provide on our websites is correct, current, and complete. You agree that all information you provide to register with our websites or otherwise, including, but not limited to, through the use of any interactive features on our websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our websites using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights

Baxi N.A. websites and software applications, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Baxi N.A., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless otherwise specified, neither the Baxi N.A. websites nor any portion thereof may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by Baxi N.A. Baxi N.A. websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Baxi N.A. websites, applications, products or services without the express written permission of Baxi N.A.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications, as set forth herein.

Permission is granted to electronically copy and print hard copy portions of Baxi N.A. websites for the sole purpose of placing an order with Baxi N.A. or purchasing products sold by Baxi N.A. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of our websites solely for your own non-commercial use and to register or to place an order with Baxi N.A. to purchase products sold by Baxi N.A. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of Baxi N.A. websites is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from Baxi N.A. websites or applications or to modify such materials in any way.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our websites in breach of the Terms of Service, your right to use our websites, applications, products and services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our websites or any content on our websites is transferred to you, and all rights not expressly granted are reserved by Baxi N.A. Any use of our websites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

The Baxi N.A. name, logo, taglines and all related names, logos, product and service names, designs, and slogans are trademarks of Baxi N.A. or its affiliates or licensors. You must not use such marks without the prior written permission of Baxi N.A. All other names, logos, product and service names, designs, and slogans on Baxi N.A. websites, applications or products are the trademarks of their respective owners.

The Baxi N.A. websites and software applications may contain materials licensed by third-parties to Baxi N.A. You acknowledge and agree that Baxi N.A. has no responsibility for, and makes no representations or warranties regarding, such third-party software, data or other materials or your use of such third-party software, data or other materials.

Typographical Errors and Reliance on Information Posted

The information regarding Baxi N.A. products and services included in or available through our websites or applications may include inaccuracies or typographical errors. If a product is listed at an incorrect price due to typographical error, Baxi N.A. shall have the right to cancel or refuse any orders placed for such product listed at the incorrect price. Baxi N.A. and/or its respective suppliers may make improvements and/or changes to the information in our websites or applications at any time. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Baxi N.A. websites, or by anyone who may be informed of any of its contents.

Warranty Disclaimer

BAXI N.A. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE BAXI N.A. WEBSITES OR INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BAXI N.A. WEBSITES FOR ANY PURPOSE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE. BAXI N.A. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITES OR THE SERVER(S) WHICH MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAXI N.A. WEBSITES AND ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BAXI N.A. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE BAXI N.A. WEBSITES AND SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ACCORDANCE WITH APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL BAXI N.A., ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING OR DISTRIBUTING THESE WEBSITES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BAXI N.A. WEBSITES, WITH ANY DELAY OR INABILITY TO USE OUR WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BAXI N.A. WEBSITES, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAXI N.A. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

User Submissions

Generally, any communication which you post to or through Baxi N.A. websites is considered to be non-confidential. If particular Baxi N.A. website pages permit the submission of communications which will be treated by Baxi N.A. as confidential, that fact will be stated on those pages. By posting communications to our websites, you automatically grant Baxi N.A. a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Baxi N.A. does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users of our websites or endorse any opinions expressed by such users. You acknowledge that any reliance on material posted by other users of our websites will be at your own risk.

Baxi N.A. does not screen communications in advance and is not responsible for screening or monitoring material posted by other users of our websites. If notified by a user of communications which allegedly do not conform to these Terms of Service, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the communication. Baxi N.A. has no liability or responsibility to users of our websites for performance or nonperformance of such activities. Baxi N.A. reserves the right to remove communications which are abusive, illegal, or disruptive.

Links to Other Sites

Baxi N.A. websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Baxi N.A. and Baxi N.A. is not responsible for the content of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Baxi N.A. is not responsible for webcasting or any other form of transmission received from any Linked Site. Baxi N.A. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Baxi N.A. of the Linked Site or any association with its operators. Linked Sites have separate terms of use and other policies. Baxi N.A. has no responsibility or liability for policies or actions on Linked Sites or for privacy concerns or content of Linked Sites, and you access them at your own risk.

Should any link on an Baxi N.A. website or any Linked Site be found objectionable for any reason, a request that the link be removed from the Baxi N.A. website should be sent to customerservice@baxiboilers.com. Baxi N.A. will consider all such requests but shall have no obligation to remove any links or respond.

If you would like Baxi N.A. to link to your website, send a request to customerservice@baxiboilers.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site and a list of any URLs from which Baxi N.A. may link to. All requests will be decided on a case-by-case basis in the sole discretion of Baxi N.A. and all decisions shall be final. Baxi N.A. will use reasonable efforts to contact you upon deciding to link to your website, but failure to do so will not result in any liability or other obligation to you. Baxi N.A. has no obligation to notify you of any negative decision. It is generally the policy of Baxi N.A. to give preference to links to educational and governmental resource materials.

Linking to Baxi N.A.’s Websites

Baxi N.A. permits third party websites to link to the Baxi N.A.’s websites pursuant to these Terms of Service. If you are interested in linking to any of our websites, you must notify us by sending an e-mail to customerservice@baxiboilers.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your website and a list of any URLs from which you intend to link to Baxi N.A.’s websites.

Links may be text-based using the words: "Baxi N.A.", or "BaxiBoilers.com." You may not use the Baxi N.A. logo or any other trademark of the Baxi N.A. family in a link to any of Baxi N.A.’s websites. You may link to the home page or any other page of the public area of the Baxi N.A. websites. You may not link to any non-public pages of Baxi N.A.’s websites from your website.

By linking, you acknowledge and agree that, other than as set forth herein, all rights to Baxi N.A.’s trademarks, service marks or other intellectual property, including, without limitation, the content appearing on the Baxi N.A. websites and the design of Baxi N.A.’s websites belong solely to Baxi N.A.

You may not create frames around Baxi N.A.’s web pages or use other techniques that alter in any way the visual presentation or appearance of Baxi N.A.’s websites.

You must not misrepresent your relationship with Baxi N.A. or present false or misleading impressions about Baxi N.A. No links to Baxi N.A. websites may be used in a manner that implies or suggests that Baxi N.A. approves or endorses you, your website or your goods and services, except as Baxi N.A. may have agreed separately with you in writing.

Baxi N.A. shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Baxi N.A. against any and all claims arising out of or based upon your website.

No link(s) to Baxi N.A. websites may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Baxi N.A. reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to any Baxi N.A. website from your website and you agree that you will immediately remove such link(s) upon Baxi N.A.’s request.

By linking to any Baxi N.A. website page, you hereby agree to be bound by the terms and conditions set forth in these Terms of Service.

Indemnification

You agree to indemnify, defend, and hold harmless Baxi N.A., its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your use of the Baxi N.A. websites, applications, products or services (including negligent or wrongful conduct) by you or any other person accessing Baxi N.A. websites, applications, products or services using your computer or internet account.

Termination and Access Restriction

Baxi N.A. reserves the right, in its sole discretion, to terminate or refuse your access to the Baxi N.A. websites and the related services or any portion thereof, or to terminate your accounts and/or cancel orders at any time, without notice, if Baxi N.A. believes that your conduct violates these Terms of Service or applicable law or is harmful to the interests of Baxi N.A. or its other customers. The provisions of these Terms of Service relating to intellectual property, disclaimers, limitations of liability, and indemnification shall survive termination.

Export Control

The United States of America controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any information (including software) to countries or persons prohibited under the export control laws. By downloading any Baxi N.A. materials (including software and product specifications), you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export products and information obtained from or through Baxi N.A. websites or applications.

Miscellaneous

Your use of the Baxi N.A. websites and applications shall be governed in all respects by the laws of the State of New York of the United States of America without regard to conflicts of law principles, and not in any way by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Baxi N.A. websites and applications (including but not limited to the purchase of products sold by Baxi N.A.) shall be in the state or federal courts located in Oneida County, New York (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to the Baxi N.A. websites and applications (including but not limited to the purchase of products sold by Baxi N.A.) must be commenced within one (1) year after the claim or cause of action arises. Baxi N.A.’s failure to insist upon or enforce strict performance of any provisions of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. Baxi N.A. may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

Use of the Baxi N.A. websites and applications is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Baxi N.A. as a result of your use of the Baxi N.A. websites and applications. Baxi N.A.’s performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of Baxi N.A.’s right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of the Baxi N.A. websites and applications or information provided to or gathered by Baxi N.A. with respect to such use. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. Unless otherwise specified herein, the Terms of Service specified herein constitute the entire agreement between you and Baxi N.A. with respect to the Baxi N.A. websites and applications and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Baxi N.A. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Mobile Application End User License Agreement

This mobile application end user license agreement (“EULA”) is incorporated into the Baxi N.A. Terms of Service, and governs your use of certain Baxi N.A. room thermostat services, systems, and software. In the event of any conflict between these EULA terms and any corresponding provisions within the Terms of Service, these EULA terms shall control.

Summary. This EULA includes a license to software that governs the use of the software by you, the terms of service, and strict limits on our financial and other liability related to any losses you may incur arising out of your use of the Baxi N.A. room thermostat services, systems, and software. If you have questions about this, please refer to the full text version of the EULA below.

If you have any additional questions or feedback regarding this EULA, contact us at:

Baxi N.A.
PO Box 4729 Utica, NY 13504
Phone: (844) 422-9462
Fax: (315) 797-3762
Email: customerservice@baxiboilers.com

General. This EULA is for the use of certain Baxi N.A. products and services, including Baxi N.A. software for use on certain Baxi N.A. products and communications networks, Baxi N.A. software allowing web-based interface and underlying functionality and access to Baxi N.A. services, Baxi N.A. web and mobile device applications software, and any Baxi N.A. networks related to any of the foregoing (collectively, the “Services”) and the licensure of software products identified above, which includes computer and application software and may include associated media, printed materials, and electronic documentation, and any future versions, releases, updates, patches, error fixes and bug fixes of the above software ("Baxi N.A. Software"). For convenience, we refer to the combination of products, software, and services we provide to you as the “System.” You agree that you are the end-user of the System and you represent that you are of legal age and are authorized to enter into this EULA on behalf of yourself and any party to whom you grant access to the System. If you do not agree to this EULA, do not use any portion of the System.

License. The System is licensed to you, not sold. Baxi N.A. and its licensors retain all right, title, and interest in and to the System, including all patents, copyrights, trademarks and design rights, trade secrets, and other intellectual property rights incorporated therein. Subject to the terms of this EULA, Baxi N.A. grants you a limited, non-exclusive, non-transferable license (without the right to sublicense) to use the System, and its related Baxi N.A. Software, solely for your use in the continental United States and Canada. The foregoing license includes the right to install the Baxi N.A. Software on your computer and/or mobile device and to use the Baxi N.A. Software in conjunction with your licensed use of the System.

Restrictions. Unregistered use, reproduction and distribution of the System is not permitted by Baxi N.A. and is in violation of U.S. and international copyright laws and is subject to civil and criminal penalties. You are specifically prohibited from making or distributing any copies of the System. All rights of any kind in the System and all other rights of Baxi N.A., which are not expressly granted in this EULA, are entirely and exclusively reserved to and by Baxi N.A. (including the software object code and source code). You may not rent, lease, copy, modify, or translate the System, or create derivative works based on the System. You may not alter or remove any of Baxi N.A.’s copyright or proprietary rights notices or legends appearing on or in the System. You may not reverse engineer, decompile or disassemble the System. Except as expressly set forth herein, you may not make access to the System available to any third party, nor are you authorized to make the output generated by or the results of any performance or functional evaluation of the System available to any third parties, nor are you permitted to allow any third party to engage in any activity that you are expressly prohibited from engaging in herein.

Violations. Baxi N.A. has the right to deny access to, and to suspend or terminate your access to, the System, or to any features or portions of the System at any time and for any reason, including for any violation by you of this EULA.

User Account. Before you can use the full functionality of the Baxi N.A. Software and Services you must create a user account. During the registration process you are requested to provide certain data. You represent that all information you provide to us will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your user account and password confidential. You are also responsible for all activities that occur in your user account.

Baxi N.A. Software and Services. You can install the Baxi N.A. Software on your internet capable mobile device, such as your smartphone or tablet. The Baxi N.A. Software and Services can be used to control your Baxi N.A. heating appliances and to monitor energy consumption. Baxi N.A. may make modifications to the Baxi N.A. Software and Services without prior notice. It is your responsibility to secure all existing data on your mobile device before installing the Baxi N.A. Software. Baxi N.A. may provide software and/or firmware updates to the Baxi N.A. Software and your heating appliances. It is essential that you download these updates to ensure that you can enjoy the latest functionalities and that the Baxi N.A. Software and your heating appliances contain the latest security patches and bug fixes. Baxi N.A. is under no obligation to keep and maintain any data entered or submitted by you to the Services. Baxi N.A. is not obliged to make back-ups of data submitted by you.

Privacy. Baxi N.A. and its group company BDR Thermea Group B.V. collect and use your personal data in connection with your use of the System in accordance with our Privacy Policy.

Term and Termination. This EULA is effective on the day you first use the System and will continue for so long as you continue to use the System and Services. Baxi N.A. may terminate this EULA at any time if you fail to comply with any of the terms hereof, effective immediately. You may incur additional fees from third party providers in connection with your use of this System, an independent handheld device, or the internet, for data transmission, video clip or still image transmission, internet usage, SMS, short code or other transmission fees, charges or taxes. Depending on the Services contracted or subscribed to by you, Baxi N.A. may also suspend or terminate a user account because of user inactivity or excessive activity. You may terminate this EULA upon written notice to Baxi N.A., or by deleting the Baxi N.A. Software from you device(s). Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the System immediately. Baxi N.A. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the System (or any part thereof) with or without notice. You agree that Baxi N.A. will not be liable to you or to any third party for any modification, suspension or discontinuance of the System. You understand and agree that if you move you will delete your account and no longer access the Baxi N.A. System with respect to your prior address.

Disclaimer. THE SYSTEM IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND BAXI N.A. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE SYSTEM REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, BAXI N.A. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAXI N.A. DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SYSTEM; AND (2) THE USE OF OR INABILITY TO USE THE SYSTEM; AND (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND (4) BREACHES OF SECURITY; AND (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; AND (6) ANY OTHER FAILURE TO PERFORM BY BAXI N.A.; AND (7) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE TO PROPERTY.

Limitation of Liability. IN NO EVENT SHALL BAXI N.A. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAXI N.A. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Apple Device Terms. This Section applies to you only if you use the System on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); this section does not apply to you if you do not use the System on an Apple Device. The parties acknowledge that this EULA is concluded solely between Baxi N.A. and you, and not with Apple, and Apple is not responsible for the System and the content thereof. Any support that may be offered by Baxi N.A. in connection with the System is solely the responsibility of Baxi N.A. and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the System. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the System. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the System. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the System or the end-user’s possession and/or use of that System, including, but not limited to: (i) product liability claims; (ii) any claim that the System fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the System or your possession and use of that System infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

Copyright © 2003-2019 Baxi N.A. All Rights Reserved.