1. Definitions. Vera Control, Ltd.’s business is to provide a flexible and easy to use platform for all home and business control solutions, which are extremely energy-efficient and eco-friendly.
2. General. This Agreement sets forth all of the terms and conditions that the end user must comply with. By using this site, the end user agrees to follow all of the terms and conditions listed in this agreement. Vera Control, Ltd. will make its best effort to protect its end user’s privacy and confidentiality to unknown sources, but it is ultimately the end user’s responsibility to protect the end user’s private data such as, but not limited to, passwords, emails, credit card numbers, and other personal information. The end user acknowledges that the internet is not always secure and that any lost or stolen information, while on the internet, is not at the fault of Vera Control, Ltd. and thereby does not hold Vera Control, Ltd. responsible.
Vera Control, Ltd. reserves the right to make our site unavailable, without prior warning, at any time. Whether it be due to repair, server overload, maintenance, business termination, or any other unforeseen reason, the end user accepts that Vera Control, Ltd. and its affiliated websites have the right to delay or shut down its website at any time. Furthermore, Vera Control, Ltd. reserves the right to change or alter any feature on its site without prior warning to the end user.
3. Modified Terms. Vera Control, Ltd. reserves the right to change or alter the terms of service, as listed in this agreement, at any time without prior or subsequent notification. All changes are immediately effective, once it is published on this site and the end user agrees to the terms of agreement by using Vera Control, Ltd. and its current features.
4. Equipment. Vera Control, Ltd. is not responsible for any damage to any of the end user’s equipment from accessing this site.
5. End User Conduct. Vera Control, Ltd. reserves the right to deny or block access to any end user that it deems harmful to the site and its customers or partners. The end user is not allowed to post or transmit any content on Vera Control, Ltd. that violates, in any way, the rights of others, which includes material that is, but not limited to, defamatory, prejudicial, threatening, abusive, unlawful, profane, invades privacy, encouraging of unlawful acts, or which, without Vera Control, Ltd.’ prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct that the end user carries out, which Vera Control, Ltd. deems restrictive or invasive towards other end users and their enjoyment of the site and/or the company, is strictly prohibited. End-users are restricted from using Vera Control, Ltd. and the Vera Control, Ltd. website to promote anything unrelated to Vera Control, Ltd. such as, but not limited to, commercial, non-commercial, religious, political material without the permission of Vera Control, Ltd. . End users are also restricted from soliciting other end users to use other commercial or non-commercial websites that are deemed “competitors” of Vera Control, Ltd..
This provision applies to all of Vera Control, Ltd., its subsidiaries, and partners. If any end user is deemed to have violated this clause, then that end user is liable for any damages caused and may lose all privileges to use this site.
6. Copyright and Trademarks. Everything located on this site is exclusively the property of Vera Control, Ltd. or used with the permission of the copyright or trademark owner. It is strictly prohibited for any end user or any other entity to copy, distribute, alter, link, deep link, or transmit any content that is located on this site, without the permission of Vera Control, Ltd. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
The end user shall not at any time post, upload, or make available copyrighted or trademarked material on the Vera Control, Ltd. website, without the express permission of the copyright or trademark owner as well as Vera Control, Ltd.. Vera Control, Ltd. holds no responsibility in helping to indicate or determine if any material is copyrighted or trademarked. If the material is in question or the end user is unsure if the material is copyrighted or trademarked, the end user is advised to not post it on the Vera Control, Ltd. website. The end user is held completely responsible, legally and financially, for any copyrighted or trademarked material that the end user uploads or makes available on the Vera Control, Ltd. website. Any material that is uploaded or made available on the Vera Control, Ltd. website by the end user is assumed to have acquired the permission of the holder of the copyright and/or trademark and that Vera Control, Ltd. has the permission to post the image on the site royalty-free and for as long as the site deems necessary. The end user also agrees that Vera Control, Ltd. has the permission to copy, change, alter, and/or distribute any material that is made public on the Vera Control, Ltd. website. Along with Vera Control, Ltd., the end user gives permission for any other end user to copy, change, alter, and/or distribute any content that the first end user made public on the site. Any and all end users are held strictly and solely responsible and liable for any material they post on the Vera Control, Ltd. website.
7. Disclaimer of Warranty; Limitation of Liability. END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. None of Vera Control, Ltd., its affiliates, partners, or sponsors guarantee that the use of this site will go uninterrupted or error free. Nor is Vera Control, Ltd. or any of its affiliates, partners, or sponsors held responsible for the accuracy or reliability of the content, merchandise, or services that are posted on this site.
This site is operated on an “as is basis” and thereby does not offer any forms of warranty, unless dictated differently for specific content or those mandated by applicable laws. This disclaimer of liability applies to any damage or injury caused through the use of this website which includes, but not limited to, interruptions, errors, viruses, failures of performance, deletions, delays, violations and/or any forms of transgression. The end user acknowledges that Vera Control, Ltd. is not held responsible or liable for any expected or unexpected damages, which includes physical, mental, psychological, or financial harm that resulted from the use of this site. Vera Control, Ltd. is not to be held responsible or liable for any content that one end user, subscriber, or unauthorized user deems defamatory, crude, untrue, unwelcoming, or harmful. Vera Control, Ltd. is entitled to its opinions and its right to express them. Furthermore any content posted on this site, by Vera Control, Ltd. or any end-user, can be copied, altered, deleted, or distributed by Vera Control, Ltd. at any time. Again, Vera Control, Ltd. is not responsible or liable for any damages caused by the posting of any content on this site.
8. Monitoring. Vera Control, Ltd. reserves the right to monitor any content that is posted or any interactions taking place on its site in order to make certain that all content satisfies the terms set forth by Vera Control, Ltd. in this agreement. Vera Control, Ltd. has the right, but not the obligation, to monitor any or all activity that takes place on its site in order to guarantee that all end users are secure, compliant with these terms as well as applicable laws, and enjoy their experience with the site.
10. License Grant. Any content that the end user posts on the Vera Control, Ltd. website can be reproduced, copied, edited, altered, translated, and distributed through any medium including, but not limited to, computers, internet, print, television, radio. Furthermore, the end user grants us royalty-free, perpetual, irrevocable, and non-exclusive use of any content that the end user posts on the site.
11. Indemnification. End User agrees to defend, indemnify and hold harmless Vera Control, Ltd., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site by End User.
12. Termination. Vera Control, Ltd. reserves the right to terminate this agreement at any time. Furthermore Vera Control, Ltd. reserves the right to terminate or halt any user accounts or block access to, from any end user that Vera Control, Ltd., at its sole discretion, deems unfit to use the Vera Control, Ltd. website. Any or all clauses proposed in this agreement may survive the termination of this agreement at the sole discretion of Vera Control, Ltd.
What information do we collect?
• We collect information from you when you register on our site or place an order.
• When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
How do we use your information?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
End User License Agreement
This agreement applies to the software and applications associated with certain products provided by Vera Controls, Ltd. ( Vera). By using the software that is embedded on any Vera product (“Product”), downloaded from Vera, or any other Vera software or application (collectively the “Software”), you agree to the terms of this End User License Agreement (“AGREEMENT”) between you and Vera. If you are entering into this agreement on behalf of an organization, you represent and warrant that you have the authority to enter into this AGREEMENT on behalf of the organization, and that the organization agrees to be bound by all of the terms of this AGREEMENT. You also represent that you are of sufficient legal age in your jurisdiction or area of residence to use or access the software and to enter into this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE THE LEGAL CAPACITY FOR YOURSELF OR AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ORGANIZATION, YOU MAY NOT USE THE PRODUCT SOFTWARE.
2. Grant of License
Provided that you comply with all terms and conditions of this AGREEMENT and pay all applicable fees, Vera grants you a non-exclusive, non-transferable, internal, limited license to use the applicable Software hereby licensed to you, in executable object code form only, solely for use on the applicable device that you own or control and solely for use in conjunction with the applicable Products. All rights of every kind that are not expressly granted to you in this AGREEMENT are entirely and exclusively reserved to and by Vera. You may use this Software only as expressly provided in this AGREEMENT. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product or Software, nor assist or permit anyone else to do so. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software,
3. Vera and Third-party Intellectual Property
The Software and associated documentation and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Vera and its licensors. Vera and its licensors reserve all rights in and to the Software not expressly granted to you in this AGREEMENT. The Software is licensed to you, not sold, under this AGREEMENT. There are no implied licenses in this AGREEMENT. Certain items of independent, third-party code may be included in the Software that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this AGREEMENT limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in this AGREEMENT restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the applicable license. If required by any license for particular Open Source Software, Vera makes such Open Source Software, and Veras modifications to that Open Source Software, available by written request to Vera at the email or mailing address listed below. Any feedback, comments, ideas or suggestions you provide with respect to the Products, Software or related services are the property of Vera and may be used, published or incorporated into Vera Products without further need for permission from you.
Vera may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software (“Updates”). You acknowledge that you may be required to install Updates to use the Software and you agree to promptly install any Updates Vera provides. In addition, you acknowledge that Vera may update the Software without requiring any additional consent or action from you, and you consent to Vera updating the Software, as described above by connecting to the Vera server. If you do not want such Updates, your remedy is to stop using the applicable Internet services in conjunction with the Software or stop using the Software altogether.
This AGREEMENT and the license granted hereunder are effective on the date you first use the Software or Product and shall continue for as long as you own the Product, unless this AGREEMENT is terminated earlier as provided herein. Vera may terminate this AGREEMENT at any time if you fail to comply with any term(s) hereof or fail to pay any fees when due to Vera. You may terminate this AGREEMENT upon written notice to Vera. In the event of any termination of this AGREEMENT or your rights hereunder, all provisions of this AGREEMENT except your rights under the grant of license shall survive such termination and you agree to continue to be bound by these terms. Upon termination, you may no longer use the Software.
6. Disclaimer of Warranty
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERA PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND UNLESS EXPRESSLY STATED OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERA FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERA OR A VERA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. VERA MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
7. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY BUT SUBJECT TO THE LAST SENTENCE OF THIS SECTION, (A) VERA WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF VERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) VERA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SOFTWARE AND THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE THE PORTION OF THE PAID FEES APPLICABLE TO THE PRODUCTS OR SERVICES RELATING TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY OR REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED IN VERA’S SOLE DISCRETION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. VERA DISCLAIMS ALL LIABILITY OF ANY KIND OF VERA’S SUPPLIERS, DISTRIBUTORS AND DEALERS. VERA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND VERA DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS AGREEMENT MAY NOT BE APPLICABLE.
8. Restrictions and Export Controls
You agree to comply with all export and import laws and restrictions and regulations of any applicable United States or foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Vera, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. government, or any applicable foreign governmental authority, unless properly authorized. As applicable, you and Vera each shall obtain and bear all expenses and responsibility relating to any necessary AGREEMENTs and/or exemptions with respect to its own export or re-export of the Software. The information regarding export laws set forth herein is not necessarily complete, and you should refer to the relevant governmental authority for more information.
The Software is commercial in nature, and is a “Commercial Item,” as that term is defined in 48 C.F.R.2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. 252.227-7014(a)(5) and 48 C.F.R. 252.227-7014(a)(1), and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. 12.212, 48 C.F.R.252.227-7015, 48 C.F.R. 227.7202 through 227.7202-4, 48 C.F.R. 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software and all related publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users, if at all, with only those rights as granted to all other end users, according to the terms and conditions contained in this AGREEMENT.
9. Miscellaneous Legal
(a) This AGREEMENT constitutes the entire agreement between you and Vera concerning the subject matter hereof, and may only be modified by a written amendment signed by you and an authorized executive of Vera. (b) Except to the extent that applicable law (if any) provides otherwise, this AGREEMENT shall be governed by the laws of the State of California, excluding its conflict of law provisions. (c) You expressly agree that jurisdiction for any claim or dispute arising from the use of the Software resides in the federal and state courts of the State of California and you consent to the personal jurisdiction thereof. (d) This AGREEMENT shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) YOU AND VERA EACH HEREBY UNCONDITIONALLY WAIVE YOUR AND ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED BETWEEN YOU AND VERA. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims). THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT, AND RELATED DOCUMENTS, OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THIS TRANSACTION OR ANY RELATED TRANSACTION. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court. (f) If any part of this AGREEMENT is held invalid or unenforceable, that part shall be construed to reflect the parties’ original intent, and the remaining portions remain in full force and effect, or Vera may at its option instead terminate this AGREEMENT. (g) The controlling language of this AGREEMENT is English. If you have received a translation into another language, it has been provided for your convenience only. (h) A waiver by either party of any term or condition of this AGREEMENT or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (i) You may not assign or otherwise transfer by operation of law or otherwise this AGREEMENT or any rights or obligations herein. Vera may assign this AGREEMENT to any entity at its sole discretion. (j) This AGREEMENT shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
Last updated January 21, 2016 ▾ UI7 ▾ Version 7.0.13 (1.7.760/1.7.1707/1.7.1754)