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Bosch Service Portal Terms of Service
Last modified: January 9, 2018
Overview of Bosch Service Portal
Eligibility, System Requirements
Access; Restrictions; Termination
Third Party Provider Disclaimer
Ownership and Intellectual Property
Disclaimer and Limitation of Liability
Copyright Claims and Designated Agent
Governing Law and Exclusive Venue
Entire Agreement; Severability; No Waiver
By accessing or using the Bosch Service Portal, the User (defined in Section 2 below) and the individual or the entity the User represents accepts and acknowledges that the Bosch Service Portal Terms of Service ("Terms") forms a legal agreement between the User and Bosch which governs the User's use of the Bosch Service Portal. IF YOU, THE USER, DO NOT AGREE TO THESE TERMS, DO NOT SIGN THIS AGREEMENT OR ACCESS OR OTHERWISE USE THE BOSCH SERVICE PORTAL.
Overview of Bosch Service Portal.
Bosch Security Systems, Inc. ("Bosch") provides the website located at www.serviceportal.boschsecurity.com (and any successor websites) (the "Bosch Service Portal"). The Bosch Service Portal provides access to certain data services provided to Users by Bosch, including cellular and cloud-based services ("Data Services"). The terms and conditions of the Data Services are contained in a separate written agreement between the User and Bosch ("Data Services Agreement"). The Bosch Service Portal provides an easy-to-use platform for authorized installers and dealers of Bosch security and home automation products ("Authorized Resellers") to attain and pay for services and connectivity for the Bosch intrusions products,.
By accessing or using the Bosch Service Portal, whether as a guest or registered user, Users agree to these Terms, as well as the Privacy Statement of Bosch, available at Privacy Statement:https://serviceportal.boschsecurity.com/Home/Privacy, which is incorporated herein by reference ("Privacy Statement"). Prior to accessing any Data Services through the Bosch Security Portal, the User and Bosch will execute a Data Services Agreement. To the extent there may be a conflict between these Terms and the Data Services Agreement, the Data Services Agreement shall control.
Eligibility; Territory; System Requirements.
Eligibility. Any persons or entities 18 years of age or older who access or use the Bosch Security Portal who are Authorized Resellers of Bosch products, or who are using the Bosch Service Portal for administrative functions on behalf of Bosch or its third party service providers (each, a "User" collectively, "Users") are eligible to use the Bosch Service Portal. Users must create an Account in order to use the Bosch Service Portal (see Section 3 below).
Territory. The Bosch Service Portal is only intended for Users located in the United States, its territories and possessions and Canada (the "Territory"). The Site may not be appropriate or available for use in some jurisdictions outside of the United States and Canada. To the extent that the Bosch Service Portal is accessed from outside of the Territory, Users do so at their own risk and must adhere to local usage, data privacy and other applicable laws and regulations. Bosch may limit the Bosch Service Portal's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in Bosch's sole discretion.
System Requirements. The Bosch Service Portal (and the Data Services accessible therein) will not be accessible without: (i) an Account; (ii) mobile or desktop devices such as smartphone, tablet or PC ("Devices"); and (iii) other system elements that may be specified by Bosch. It is the User's responsibility to ensure that: (1) the User has all required system elements, and (2) they are compatible and properly configured. The User acknowledges that the Bosch Service Portal may not work as described when the requirements and compatibility have not been met.
To use the Bosch Service Portal, Users must register for a User account ("Account") and provide certain information about the User and the entity the User represents as prompted by the applicable registration form. Users represent and warrant that: (a) all required registration information Users submit is truthful and accurate; (b) Users will maintain the accuracy of such information; (c) Users' use of the Bosch Service Portal does not violate any U.S. or other applicable law or regulation; and (d) the primary facility(ies) from where Users access the Bosch Service Portal is (are) in the U.S. and/or Canada. Each User is entirely responsible for maintaining the confidentiality of each User's Account login information and for all activities that occur under the User's Account. Each User agrees to immediately notify Bosch of any unauthorized use, or suspected unauthorized use, of the User's Account or any other breach of security. Bosch is not liable for any loss or damage arising from any User's failure to comply with the above requirements.
Access; Restrictions; Termination.
Access and Use. Subject to these Terms, Bosch grants the User a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Bosch Service Portal in connection with, and solely for the purpose of accessing Data Services.
Restrictions. The rights granted to the User in these Terms are subject to the restrictions in this Section. User warrants, represents and agrees that User will not contribute any Content or otherwise use the Bosch Service Portal in the following manner: (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Bosch Service Portal; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Bosch Service Portal; (iii) access the Bosch Service Portal in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute republish, download, post, display or transmit any part of the Bosch Service Portal; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, computer, handheld device, mobile device, data, the Bosch Service Portal, the Products, or any other system, device or property; (vi) access (or attempt to access) any of the Bosch Service Portal by means other than through the interface that is provided by Bosch; (viii) access or use the Bosch Service Portal in a way intended to avoid incurring fees; (ix) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices); (x) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (xi) violate any law, statute, ordinance or regulation; (xii) post Content that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (xiii) impersonate any person or entity, including without limitation any employee or representative of Bosch; (xiv) jeopardizes the security of a User's Account or anyone else's Account; (xv) attempt, in any manner, to obtain the password, account, or other security information from any other user; or (xvi) runs Maillist, Listserv, or any form of auto-responder or "spam" on the Bosch Service Portal, or any processes that otherwise interfere with the proper working of the Bosch Service Portal (including by placing an unreasonable load on the Bosch Service Portal's infrastructure).
Termination, Suspension. These Terms will remain in full force and effect so long as the User continue to access or use the Bosch Service Portal, or until terminated in accordance with the provisions of these Terms. Bosch reserves the right, at any time, to modify, suspend, or discontinue the Bosch Service Portal or any part thereof with or without notice. The User agrees that Bosch will not be liable to User or to any third party for any modification, suspension, or discontinuance of the Bosch Service Portal or any part thereof. User agrees that User will not be entitled to any refund or rebate for such suspensions. Bosch does not offer any specific uptime guarantee for the Bosch Service Portal.
Each User's use of the Bosch Service Portal includes the ability to enter into agreements and/or to make transactions electronically. EACH USER ACKNOWLEDGES THAT THE USER'S ELECTRONIC SUBMISSIONS CONSTITUTE THE USER'S AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND SERVICES. EACH USER'S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS USER ENTERS INTO FOR THE BOSCH SERVICE PORTAL, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain each User's electronic records, the User may be required to have certain hardware and software, which are the User's sole responsibility.
Third-Party Provider Disclaimer.
Disclaimer. EACH USER ACKNOWLEDGES AND AGREES THAT: (I) THE USE AND AVAILABILITY OF THE BOSCH SERVICE PORTAL IS DEPENDENT ON THIRD PARTY PRODUCTS AND SERVICES, (II) THESE THIRD PARTY PRODUCTS AND SERVICES MAY NOT OPERATE IN A RELIABLE MANNER AND THEY MAY IMPACT THE WAY THAT THE BOSCH SERVICE PORTAL OPERATES, (III) BOSCH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS OR SERVICES OR THE BOSCH SERVICE PORTAL, AND (IV) BOSCH IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OR USE OF THESE THIRD PARTY PRODUCTS OR SERVICES OR THE BOSCH SERVICE PORTAL, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, INTERRUPTION OF SERVICE, DOWNTIME, DATA LOSS, OR OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE OF THE BOSCH SERVICE PORTAL.
You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Bosch Service Portal, you do so at your own risk. The main function of the Bosch Service Portal is to allow Users to select, pay for, and otherwise manage the Data Services. To this end, Bosch requires Users to provide certain information to Bosch. Bosch will collect certain personal data from Users to enable Data Services, which may include name, addresses, phone numbers, the kinds of services requested by the User and other related information. Bosch will share this personal data with the third party service providers that Bosch uses to help it provide the Data Services. Your submission of information through the Bosch Service Portal is governed by our Privacy Statement, which is located at (the "Privacy Statement"), which Users can access here: https://serviceportal.boschsecurity.com/Home/Privacy.
Ownership and Intellectual Property.
Bosch Property. Users acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Bosch Service Portal (i.e., the Bosch Service Portal) are owned by Bosch or its affiliates or our licensors. Users' possession, access, and use of the Bosch Service Portal do not transfer to Users or any third party any rights, title, or interest in or to such intellectual property rights. Bosch and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Bosch Service Portal is licensed to Users, not sold, under these Terms. Users may not use the content of the Bosch Service Portal in any other public or commercial way nor may Users copy or incorporate any of the content of the Bosch Service Portal into any other work, without the written consent of Bosch. Users must have a license from us before Users can post or redistribute any portion of the Bosch Service Portal.
Feedback. User may choose to, or Bosch may invite User to submit comments, suggestions, or ideas about the Data Services, any Bosch products used by end users with the Data Services or the Bosch Service Portal, including how to improve them ("Ideas"). By submitting any Ideas, User agrees that User's submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Bosch under any fiduciary or other obligation. Bosch may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to User. User also agrees that Bosch does not waive any rights to use similar or related ideas previously known to Bosch, developed by its employees, or obtained from other sources.
Each User agrees to defend, indemnify and hold Bosch and its affiliates, licensors and 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 (i) User's use of the Bosch Service Portal, (ii) your violation of these Terms, (iii) Content or Ideas the User provides; or (iv) User's violation of any law or the rights of any third party. Bosch reserves the right, at the User's expense, to assume the exclusive defense and control of any matter for which the User is are required to indemnify Bosch and the User agrees to cooperate with our defense of such claims. The User agrees not to settle any such claim without Bosch's prior written consent. Bosch will use reasonable efforts to notify any User of any such claim, action or proceeding upon becoming aware of it.
Disclaimers of Warranties and Limitations of Liability.
Disclaimers of Warranties.
THE BOSCH SERVICE PORTAL AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH SERVICE PORTAL ARE PROVIDED BY BOSCH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOSCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BOSCH SERVICE PORTAL, OR THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH SERVICE PORTAL, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOSCH SERVICE PORTAL IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOSCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOSCH DOES NOT WARRANT THAT THE BOSCH SERVICE PORTAL, OR ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH SERVICE PORTAL, BOSCH'S OR ITS THIRD PARTY PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability. BOSCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BOSCH SERVICE PORTAL, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH SERVICE PORTAL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MIGHT HAVE ADDITIONAL RIGHTS.
Copyright Claims and Designated Agent.
It is the policy of Bosch to respond to claims of intellectual property infringement. Bosch will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(3) DMCA and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Bosch Service Portal: Alissa Cleland 38000 Hills Tech Dr.; Farmington Hills, MI 48331; Phone: +1(248)876-1587.
To be effective, the notification must be written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Designated Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Southfield, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Bosch may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bosch's sole discretion
Governing Law and Exclusive Venue.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of laws provisions.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by User without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by User will be null and void.
Any delay in the availability of the Service or non-performance of any Service Request shall not be deemed a breach of these Terms of Service if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its Service Providers.
Entire Agreement; Severability; No Waiver.
These Terms, together with our Privacy Statement and any and all other policies or legal notices published by Bosch regarding the Bosch Service Portal ("Agreement"), constitute the entire agreement between User and Bosch concerning User's use of the Service Portal. If any provision of this Agreement is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bosch's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.