Terms of Use

1. Applicability and Acceptance

The following Terms of Use (the "Terms") apply to anyone accessing and using the Johnson Controls Inc. ("JCI") Community Forums (the "Site"), or any part of it. Please note that if you choose other services from JCI once you have registered with us then you may be asked to accept other applicable terms and conditions.

 

2. Acceptance of Terms of Use

By using the Site you agree to be bound by these Terms. JCI may modify these Terms from time to time and you are therefore advised to keep up to date with any changes by regularly reviewing these Terms.

 

3. Eligibility

3.1 The Site is available to you for your personal use which may include posting your views or responding to the views of other users of the Site. Use of the Site for your direct commercial gain is prohibited.

3.2 You must be sixteen years of age or over in order to use the Site. By using the Site, you confirm you are age sixteen or over.

 

4. Access, Account Security and Registration

4.1 When you use the Site you may be able to set up a personal profile where you can create threads/posts, contact other users using private messaging facility, perform searches and comment on other members' threads/posts. It is your responsibility to ensure that you have an appropriate web browser or any other technical requirements in place in order to access and make use of the Site.

4.2    In using this Site, you agree to:

a)    provide us with accurate, current and complete information about you upon registration to the Site;

b)    maintain and promptly update any information you provide to us including registration information, where it may have changed, keeping it accurate, current and complete; and

c)    be fully responsible for all use of your account and for any actions that take place using your account.

 

5. Ownership of Content that We Provide

5.1 Content provided by JCI on the Site is protected by copyright, trademark and other intellectual property rights, as applicable, and is owned by JCI or licensed to JCI by third parties; including information, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files, and their selection and presentation ("Our Content").

5.2 You must not, without JCI's prior written consent, copy, publish, download, de-compile or modify Our Content or use any or part Our Content, unless otherwise agreed in writing by JCI.

5.3 You may download or print a copy of any part of Our Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademarks, logos or other proprietary notices intact. JCI reserves the right to withdraw its consent at any time.

 

6. Content You Post on the Site

6.1 You are responsible for all content (including information, text, pictures, photographs, messages, reviews, notes, videos software, your name or company name and other files or material) that you upload or post on the Site or communicate to other users through the Site. If you did not create content that you post or otherwise make available to the Site, it is your responsibility to ensure that you have the necessary consent from the owner of the content to use it on the Site. You are responsible at your own cost for creating backup copies and replacing any content that you upload or post on the Site or provide to us.

6.2 So that others may access and benefit from your content, JCI needs to ensure that it has your permission to make your content available. You therefore agree to give JCI (as providers of the Site), a non-exclusive, transferable, royalty-free, worldwide license to use any content that you upload, post or otherwise make available on the Site.

6.3 You must not upload, post, or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data, or other information) that you do not own, do not have the right to post, or that includes any of the following inappropriate content:

a)    any personal information belonging either to the poster or another person, such as full name, address, phone number, personal email address, and JCI reference numbers;

b)    spam, such as advertisements for other web sites and services, or other commercial solicitation; chain letters, or pyramid schemes, polls or petitions;

c)    flooding the forum boards with excessive posting or padding posts;

d)    profanity; material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, racist, sexist, abusive, offensive, threatening, hateful, or otherwise objectionable;

e)    discussion of illegal activities or providing links to other websites containing such information;

f)    discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company or product;

g)    repetitive or continuous complaints about JCI policy including allegations of abuse of privacy, use of third party suppliers or any other policy for any purpose;

h)    discussions of moderator actions on the boards. If you need to comment on a moderator action, please private message any administrator/moderator;

i)    posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;

j)    posting a link directing users to any information or content that, if posted on the Site would constitute a violation of the JCI Acceptable Use Policy or these Terms of Use.

k)    "bombing" the Site or individual threads with repetitive or meaningless postings, postings unrelated to the purpose of the JCI Site; excessive cross-posting;

l)    attacks, including "Flaming" another user or entity in such a way as to incite or perpetuate an argument or conflict; creating usernames to attack other users' identities; impersonating other individuals or falsely representing one's identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant's privacy by including name, address, phone, email address, or any other identifying information.

m)    evading bans or suspensions or otherwise disregarding directions from moderators or administrators.

6.4 You agree to indemnify JCI against all claims and proceedings arising from infringement of any third party's intellectual property rights as a result of content that you have posted on or made available on the Site.  JCI can withdraw your content at anytime without notice.

 

7. User Conduct

7.1 You agree not to use the Site (or any part of it) to:

a)    act in any way that is unlawful or defamatory, in contravention of any license, third party rights, or in contravention of any guidance that JCI may give to you, and you agree to comply with JOHNSON CONTROLS INC.'s Acceptable Use Policy which can be found at www.Johnson Controls Inc..com/acceptableuse and which may be amended by us from time to time;

b)    damage, disable, overload or affect the operation of the Site;

c)    collect email addresses or other contact information of other users from the Site by any means for the purposes of sending unsolicited emails or other unsolicited communications;

d)    solicit personal information, passwords or other personally identifying information for commercial or unlawful purposes;

e)    solicit participation in public discussion, debate, comment or activity outside this Site;

f)     register yourself for more than one account, or register on behalf of another individual or group without our written consent;

g)    provide false or misleading information about yourself or your business, or create a false identity; or

h)    use or attempt to use another's account, service or system without JCI's prior written authorization.

7.2 JCI takes any misuse of the Site very seriously.  You agree to take all necessary steps to make sure that you do not misuse the Site. If JCI reasonably believes that you have misused the Site (or any part of it) in any way, then JCI may terminate your registration, remove your content, and/or suspend or terminate your access to the Site without notice. JCI will be under no obligation whatsoever to reinstate your registration.

7.3 You agree to indemnify JCI and any affected third party against all legal fees, damages and other expenses that we may reasonably incur as a result of your misuse of any part of the Site.

7.4 If you believe that any content displayed or made available on the Site includes any of the above offenses, then please let JCI know through our contact page which is displayed on the Site.

7.5 JCI reserves the right to manage the postings on the JCI Community to provide an orderly presentation of this information. To effectively manage the site, JCI may designate employees or others to act as moderators and administrators for the site ("Moderators"). These Moderators are the only representatives of JCI authorized to manage the JCI Community. Moderators are distinguished by the rank of "Moderator" and/or an official JCI logo as an Avatar.

 

8. Security

8.1 You are responsible for the security and proper use of any user IDs, PIN numbers and passwords required for registration on the Site, and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.

8.2 Although we provide security measures to prevent access by unauthorized users to the Site, we do not guarantee that such security measures are fault free. You acknowledge that the site could be accessed by unauthorized users should they be able to break through or bypass our security measures.

 

9. Liability

9.1 JCI does not guarantee that the Site will be fault-free.

9.2 JCI shall not be liable to you in contract, tort (including negligence), breach of statutory duty, or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other direct loss.

9.3 JCI shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any damages, whether direct, indirect, consequential, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, loss of or damage to physical property, business interruption or for any other type of indirect or consequential loss or punitive damages.

9.4 JCI disclaims all liability of any kind (including negligence) in respect of any third party product, application, services, content, or other material made available on, or which can be accessed using, the Site or the validity of the provider of such product, services, content or other materials.

9.4 Each part of this clause operates separately. If any part of a clause is held by a court of competent jurisdiction to be unreasonable or inapplicable, the rest of the clause shall continue to apply.

 

10. Disclaimer of Warranties and Representations

10.1 JCI excludes any and all warranties or representations whether express or implied, including without limitation any warranties or representations for merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or the accuracy or completeness of any JCI or other third party products, services, content or any other material made available on, or which can be accessed using, the Site, to the fullest extent permitted by law.

 

11. Suspension, Withdrawal and Termination

11.1 JCI reserves the right to suspend or withdraw the Site at any time without notice.

11.2 JCI reserves the right to suspend or terminate any member's registration and use of the Site.

 

12. Personal Data

In addition to our commitments under our Privacy Policy, JCI collects information from visitors to the Site to help us to make improvements to the forums and to the services we make available. We may keep any data that you disclose to compile statistics on community forums usage.  We know, for instance, how many visitors there are to the forums, when they visited, for how long and to which areas of the forums they went.  This information is used for trend analysis purposes and we do not use this information to identify individuals visiting the Site.  It is your responsibility to ensure that you have the necessary consents if you pass on a third partyӳ email address to JCI.  You are not permitted to post any personal data to any portion of the Site.  We are not responsible for the security of any personal data that you chose to post on the Site.

In respect of any personal information which you may upload, post or transfer to any third party on the Site, whether your own or that of any third party in contravention of clause 6.3 a) above, you agree that you are acting as the data controller and that JCI and any third party supplier to JCI are acting as data processors. You agree to indemnify JCI and any relevant third party supplier against all claims and proceedings arising as a result of personal data you have posted or made available on the Site.

You accept that by using this Site that the storage of personal data, including any information your post, will be carried out using facilities in the United States of America. The storage of Customer Data by JCI will be in accordance with the EEA Safe Harbor Principles.

YOU CONSENT TO THE TRANSMISSION OF CUSTOMER DATA AND TO THE STORAGE OF CUSTOMER DATA ON SERVERS LOCATED IN THE UNITED STATES.

 

13. Changes to the Site

JCI reserves the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, without notice, the Site (or any part of it) and/or the information, content, videos, materials, products and/or services (or any part of them) available through the Site at any time.

 

14. Disputes

You are solely responsible for your interactions with other Site users. JCI reserves the right to (but has no obligation to) monitor disputes between you and other users.