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Bosch Installer Services Portal Terms of Use


Last Modified: April 6, 2020


1.    Definitions.
2.    Overview of the Bosch Installer Services Portal
3.    Eligibility, Territory, System Requirements.
4.    Account, Access and Use.
5.    Electronic Contracting
6.    Customer Responsibilities.
7.    Ownership and Use of Data.
8.    Third-Party Products and Services.
9.    Confidential Information
10.    Ownership and Intellectual Property.
11.    Indemnification
12.    Disclaimers of Warranties and Limitations of Liability.
13.    Copyright Claims and Designated Agent.
14.    Governing Law and Exclusive Venue
15.    Arbitration
16.    No Assignment
17.    Force Majeure
18.    Notices
19.    Entire Agreement; Severability; No Waiver

 

These Bosch Installer Services Portal Terms of Use (“Terms”) form a binding contract between you (“Customer”, “you”, or “your”) and Bosch Security Systems LLC. (“Bosch”, “we”, or “us”). These Terms govern your access to and use of the Bosch Installer Services Portal via our mobile application and/or our website. 


BY CLICKING THE “AGREE” BUTTON OR BY ACCESSING OR USING THE BOSCH INSTALLER SERVICES PORTAL YOU ARE ACCEPTING THESE TERMS. BY CLICKING ON THE “AGREE” BUTTON BELOW OR BY ACCESSING OR USING THE BOSCH INSTALLER SERVICES PORTAL YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ACCEPT THESE TERMS AND, IF YOU ARE ACCEPTING THESE TERMS FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. 


IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THESE TERMS OR ACCESS OR OTHERWISE USE THE BOSCH INSTALLER SERVICES PORTAL. 

 

1.    Definitions. 
(a)    “Account” means the authorization to access the Bosch Installer Services Portal.
(b)    “Authorized Reseller” means a Customer, who is an authorized dealer or installer of Bosch Products.
(c)    “Authorized User” means any Authorized Reseller, and their respective employees and agents, who are authorized by Customer to access and use the Bosch Installer Services Portal under the rights granted to Customer pursuant to these Terms.
(d)    “Bosch IP” means all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Bosch Installer Services Portal. For the avoidance of doubt, Bosch IP includes Aggregated Statistics and any information, data, or other content derived from Bosch’s monitoring of Customer's access to or use of the Bosch Installer Services Portal, but does not include Customer Data.
(e)    “Bosch Products” means Bosch intrusion products.
(f)    “Bosch Installer Services Portal” means the website located at https://serviceportal.boschsecurity.com/us or https://serviceportal.boschsecurity.com/ca and any services provided by Bosch in connection with the Bosch Installer Services Portal.
(g)    “Customer Data” means all data, information, content or material submitted by Customer or on behalf of Customer in connection with use of the Bosch Installer Services Portal, storage space and/or the Account. Customer Data also includes access and registration data.  
(h)    “Personal Data”. Personal Data means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity. For the avoidance of doubt, Personal Data includes personally identifiable information.
(i)    “Territory” means the United States, its territories and possessions, and/ or Canada.
 

2.    Overview of the Bosch Installer Services Portal.
The Bosch Installer Services Portal provides access to certain data services provided to Customer 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 Customer and Bosch (“Data Services Agreement”). The Bosch Installer Services Portal provides an easy-to-use platform for Authorized Resellers to obtain and pay for services and connectivity for the Bosch Products. Prior to accessing any Data Services through the Bosch Security Portal, Customer and Bosch must execute a Data Services Agreement.  In the event of a conflict between these Terms and the Data Services Agreement, the Data Services Agreement shall control.  
 

3.    Eligibility, Territory, System Requirements. 
(a)    Eligibility.  The use and access of the Bosch Installer Services Portal is restricted to any person or individual who is an Authorized User, and age 18 years or older.  By using the Services, you represent and warrant that you are an Authorized User and at least 18 years old and otherwise have the capacity to contract.  
(b)    Territory. The Bosch Installer Services Portal is only intended for use and access by Authorized Users residing or using the Bosch Installer Services Portal in the Territory.  If you use or access, or attempt to use or access the Bosch Installer Services Portal from outside of the Territory, you do so at your risk and must comply with all applicable laws (including data privacy laws and regulations) in these other countries. Bosch may limit the Bosch Installer Services 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.
(c)    System Requirements.  The Bosch Installer Services Portal (and the Data Services accessible therein) will not be accessible without: (i) an Account; (ii) a mobile or desktop device such as a smartphone, tablet or PC (“Device”); and (iii) other system elements that may be specified by Bosch. It is the Customer’s responsibility to ensure that: (1) Customer has all required system elements, and (2) they are compatible and properly configured. Customer acknowledges that the Bosch Installer Services Portal may not work as described when the requirements and compatibility have not been met.

 

4.    Account, Access and Use.  
(a)    Your Account. To use the Bosch Installer Services Portal, you must first create an Account and provide certain information about yourself and the entity you represent, as prompted by the applicable registration form. You hereby represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your or your Authorized Users’ use of the Bosch Installer Services Portal does not violate any U.S. or other applicable law or regulation; and (d) the primary facility(ies) from where you or your Authorized Users access the Bosch Installer Services Portal is (are) in the Territory.  
(b)    Provision of Access. Subject to and conditioned on your and your Authorized Users’ compliance with these Terms, Bosch hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Bosch Installer Services Portal during the term of these Terms, solely for the purposes of (i) obtaining and paying for services and connectivity for Bosch Products, (ii) accessing and utilizing the Data Services, (iii) managing Bosch Intrusion products and users utilizing the Data Services, and (iv) submitting service tickets and information for resolution of issues related to the Data Services or use of the Bosch Installer Services Portal. The rights set forth in this paragraph are the complete grant of rights to you.
(c)    Use Restrictions. You shall not, and shall not permit any Authorized Users to, use the Bosch Installer Services Portal or any software component of the Bosch Installer Services Portal, for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Bosch Installer Services Portal, or any software component of the Bosch Installer Services Portal, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Bosch Installer Services Portal, except as expressly permitted under this Agreement; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Bosch Installer Services Portal, in whole or in part; (iv) remove any proprietary notices from the Bosch Installer Services 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 Installer Services Portal, the Bosch Products, or any other system, device or property; (vi) access (or attempt to access) any of the Bosch Installer Services Portal by means other than through the interface that is provided by Bosch; (viii) access or use the Bosch Installer Services Portal in a way intended to avoid incurring fees (if any); (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 any 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 your Account or anyone else’s Account; (xv) attempt, in any manner, to obtain the password, account, or other security information from any other user; (xvi) access the Bosch Installer Services Portal in order to build a similar or competitive service; or (xvii) runs Mail-list, Listserv, or any form of auto-responder or “spam” on the Bosch Installer Services Portal, or any processes that otherwise interfere with the proper working of the Bosch Installer Services Portal (including by placing an unreasonable load on the Bosch Installer Services Portal’s infrastructure).
(d)    Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Bosch may monitor Customer's and the Authorized Users’ use of the Bosch Installer Services Portal and collect and compile data and information related to Customer’s and the Authorized Users’ use of the Bosch Installer Services Portal to be used by Bosch in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Bosch Installer Services Portal (“Aggregated Statistics”). As between Bosch and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Bosch. You acknowledge that Bosch may compile Aggregated Statistics based on Customer Data input into the Bosch Installer Services Portal.  
(e)    Reservation of Rights. Bosch reserves all rights not expressly granted to Customer in these Terms. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Bosch IP.
(f)    Termination/Suspension. These Terms will remain in full force and effect so long as you continue to access or use the Bosch Installer Services 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 Installer Services Portal or any part thereof with or without notice. You agree that Bosch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Bosch Installer Services Portal or any part thereof.  Access and use of the Bosch Installer Services Portal may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.  Bosch does not offer any specific uptime guarantee for the Bosch Installer Services Portal.


5.    Electronic Contracting.
Customer’s use of the Bosch Installer Services Portal includes the ability to enter into agreements and/or to make transactions electronically. CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER’S OR ITS AUTHORIZED USER(S)’ ELECTRONIC SUBMISSIONS CONSTITUTE THE CUSTOMER’S AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND SERVICES. CUSTOMER’S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS CUSTOMER OR ITS AUTHORIZED USER(S) ENTERS INTO FOR THE BOSCH INSTALLER SERVICES PORTAL, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Customer’s electronic records, Customer may be required to have certain hardware and software, which are Customer’s sole responsibility.


6.    Customer Responsibilities.
(a)    Account Use. You are responsible and liable for all uses of the Bosch Installer Services Portal resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if committed by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of these Terms’ provisions as applicable to such Authorized User’s use of the Bosch Installer Services Portal, and you shall cause Authorized Users to comply with such provisions. 
(b)    Passwords and Access Credentials. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” 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 Bosch of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Bosch is not liable for any loss or damage arising from your failure to comply with the above requirements.
 

7.    Ownership and Use of Data.
(a)    Customer hereby grants to Bosch a limited, non-exclusive right to use the Customer Data solely as reasonably necessary for Bosch to provide the Bosch Installer Services Portal and related services, including without limitation troubleshooting and addressing Customer complaints. You hereby warrant that (i) you hold all rights to the Customer Data; and (ii) the Customer Data or Bosch’s use thereof does not violate these Terms or applicable laws and does not infringe the intellectual property of a third party. 
(b)    To the extent that Customer Data contains Personal Data and/or Bosch has access to, collects, or otherwise processes such Personal Data in connection with its provision of the Bosch Installer Services Portal, Bosch will process such Personal Data in accordance with its Privacy Policy https://serviceportal.boschsecurity.com/us/termsAndConditions/policies or https://serviceportal.boschsecurity.com/ca/termsAndConditions/policies (each a “Privacy Policy”).  Both Customer and Bosch will comply in all material respects with the applicable Privacy Policy, and will provide such help and cooperation as is reasonably necessary or requested to the other to comply with the same. For the avoidance of doubt, Customer is responsible for obtaining any legally required consents to process Personal Data, or to process and transfer data in compliance with any other legally permitted conditions for processing Personal Data.
 

8.    Third-Party Products and Services. 
(a)    General.   The Bosch Installer Services Portal relies on or interoperate with third party products and services (“Third Party Technology”). The Third Party Technology may include data storage, synchronization, and communication through Microsoft Azure or other alternative providers.   
(b)    Release Regarding Third Parties.  Bosch is not responsible for Third Party Technology, including Third Party Technology app sites, third party sites and referred vendors, if any (collectively, “Third Party Products and Services”). Bosch hereby disclaims and you hereby discharge, waive and release Bosch 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 Third Party Products and Services. 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.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
(c)    Disclaimer.  YOU ACKNOWLEDGE AND AGREE THAT: (I) THE USE AND AVAILABILITY OF THE BOSCH INSTALLER SERVICES PORTAL IS DEPENDENT ON THIRD PARTY PRODUCTS AND SERVICES; (II) THE THIRD PARTY PRODUCTS AND SERVICES MAY NOT OPERATE IN A RELIABLE MANNER AND THEY MAY IMPACT THE WAY THAT THE BOSCH INSTALLER SERVICES PORTAL OPERATES; (III) BOSCH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES; AND (IV) BOSCH IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OF THE THIRD PARTY PRODUCTS AND SERVICES OR THE BOSCH INSTALLER SERVICES PORTAL, INCLUDING ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE (INCLUDING TO YOUR HOME OR FACILITY), INTERRUPTION OF THE BOSCH INSTALLER SERVICES PORTAL, DOWNTIME, DATA LOSS, OR ANY OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE OF THE BOSCH INSTALLER SERVICES PORTAL OR THIRD PARTY PRODUCTS AND SERVICES.
 

9.    Confidential Information.
Each party receiving Confidential Information hereunder (“Recipient”) agrees that:
(a)    it will treat all Confidential Information of the other party with the same degree of care as such Recipient accords to its own Confidential Information, but in no case less than reasonable care; and 
(b)    it will not use, disseminate, or disclose to third parties any Confidential Information of the disclosing party (“Discloser”), except for the purpose of providing the Services, and for any other purpose Discloser may authorize.
(c)    For purposes of these Terms, “Confidential Information” means any information, regardless of form, proprietary to or maintained in confidence by either party, including, without limitation, any Customer Data, information, technical data or know-how relating to discoveries, ideas, inventions, software, designs, specifications, processes, systems, diagrams, research, development, business plans, strategies or opportunities, and information related to finances, costs, prices, suppliers, vendors, customers and employees which is disclosed by either party or on its behalf whether directly or indirectly, orally, visually, or in writing, to the other party or any of its employees or agents. 
(d)    Recipient will have no obligation with respect to any portion of the Confidential Information which: 
(i)    is now, or hereafter becomes, through no act or failure to act on the part of Recipient, generally known or available to the public; 
(ii)    was acquired by Recipient before receiving such information from Discloser and without restriction as to use or disclosure; 
(iii)    is hereafter rightfully furnished to Recipient by a third party, without restriction as to use or disclosure; 
(iv)    is information that was independently developed by Recipient without reference to Confidential Information received hereunder; or 
(v)    is disclosed with the prior written consent of Discloser.
(e)    Recipient may disclose Confidential Information pursuant to the requirements of a governmental agency or operation of law, provided that it gives Discloser reasonable advance notice sufficient to contest such requirement of disclosure, unless it is prevented from providing such notice by the government agency or operation of law.
 

10.    Ownership and Intellectual Property.
(a)    Bosch Property. Customer acknowledge that all Bosch IP is owned by Bosch or its affiliates or our licensors. Customer’s possession, access, and use of the Bosch Installer Services Portal do not transfer to Customer or any third party any rights, title, or interest in or to such Bosch IP. Bosch and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Bosch Installer Services Portal is licensed to Customer, not sold, under these Terms. Customer may not use the content of the Bosch Installer Services Portal in any other public or commercial way nor may Customer copy or incorporate any of the content of the Bosch Installer Services Portal into any other work, without the written consent of Bosch. Customer must have a license from us before Authorized Users can post or redistribute any portion of the Bosch Installer Services Portal.
(b)    Feedback. Customer may choose to, or Bosch may invite Customer to submit comments, suggestions, or ideas about the Data Services, any Bosch products used by end Customers with the Data Services or the Bosch Installer Services Portal, including how to improve them (“Ideas”). By submitting any Ideas, Customer agrees that Customer’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 Customer. Customer 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.
 

11.    Indemnification.
Customer 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) Customer’s and/or any Authorized User’s use of the Bosch Installer Services Portal, (ii) your or the Authorized Users’ violation of these Terms, (iii)  content or Ideas the Customer or its Authorized Users provide; or (iv) Customer’s or its Authorized Users’ violation of any law or the rights of any third party. Bosch reserves the right, at the Customer’s expense, to assume the exclusive defense and control of any matter for which the Customer is are required to indemnify Bosch and the Customer agrees to cooperate with our defense of such claims. The Customer agrees not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify any Customer of any such claim, action or proceeding upon becoming aware of it.

12.    Disclaimers of Warranties and Limitations of Liability.
(a)    Disclaimers of Warranties.
(i)    THE BOSCH INSTALLER SERVICES PORTAL AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH INSTALLER SERVICES 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 INSTALLER SERVICES PORTAL, OR THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH INSTALLER SERVICES PORTAL, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOSCH INSTALLER SERVICES PORTAL IS AT YOUR SOLE RISK.
(ii)    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 INSTALLER SERVICES PORTAL, OR ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH INSTALLER SERVICES PORTAL, BOSCH'S OR ITS THIRD PARTY PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b)    Limitations on Liability. BOSCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BOSCH INSTALLER SERVICES PORTAL, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSCH INSTALLER SERVICES PORTAL, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
(c)    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 CUSTOMER, AND SUCH CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS.
 

13.    Copyright Claims and Designated Agent.
(a)    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 law.
(b)    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 Installer Services Portal: Alissa Cleland 38000 Hills Tech Dr.; Farmington Hills, MI 48331; Phone: +1(248)876-1587.
(c)    To be effective, the notification must be written communication that includes the following:
(i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii)    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;
(iii)    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;
(iv)    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;
(v)    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;
(vi)    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.
(d)    You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid.
(e)    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:
(i)    Your physical or electronic signature;
(ii)    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;
(iii)    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
(iv)    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
(f)    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
 

14.    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.
 

15.    Arbitration. 
CUSTOMER AND BOSCH AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF Use, THE PRIVACY POLICY, AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.
Customer and Bosch agree to submit all disputes between Customer and Bosch arising out of or relating to the Service, these Terms or the Privacy Policy or the alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent Bosch from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration,  three (3) arbitrators shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”). The arbitration will be held in Southfield, Michigan, and will be conducted according to the Rules of the AAA. These Terms, the Privacy Policy and the arbitration agreement shall be governed by the laws of the State of Michigan, without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law, shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.
 

16.    No Assignment.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by Customer without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by Customer will be null and void.
 

17.    Force Majeure.
Any delay in the availability of the Bosch Installer Services Portal or non-performance of any related services shall not be deemed a breach of these Terms 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.
 

18.    Notices.
You agree that we may provide notices to you of changes to these Terms of Use and/or our Privacy Policy, in one or more of the following ways: [(a) a pop-up notice, web banner, push notification or other notification on or through the portal or Services, or (b) an email or mail sent to an address you provided].
 

19.    Entire Agreement; Severability; No Waiver.
These Terms, together with our Privacy Policy and any and all other policies or legal notices published by Bosch regarding the Bosch Installer Services Portal (“Agreement”), constitute the entire agreement between Customer and Bosch concerning Customer’s use of the Installer Services 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.
 

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