These Terms and Conditions apply to your use of the telliCare service and its associated website, app, and proprietary products and services (including any product software or firmware) (the “Services”). If you do not accept the Terms and Conditions, do not use the telliCare Services. By using the Services, you are indicating your acceptance to be bound by the terms of these Terms and Conditions and to abide by all applicable laws, rules and regulations (“Applicable Law”). Intellihot Inc. (the “Company”), the owner of the Services, may revise these Terms and Conditions at any time and you should visit this page periodically to review the Terms and Conditions. Your continued use of the Services is subject to your continued compliance with these Terms and Conditions. You may be asked to provide the Company with certain information including, without limitation, personal information such as a valid e-mail address, telephone phone number and other contact and personal information (your “Personal Information”). Please review the Privacy Policy found at www.Intellihot.com to understand how the Company uses your Personal Information. By agreeing to these Terms and Conditions, you acknowledge that your use of the Services is subject to the Company Privacy Policy in effect at the time of your use.

The Services may be used only for lawful purposes, specifically monitoring and alert services related to Intellihot products enrolled in telliCare.  Subject to and conditioned upon user’s strict compliance with these Terms and Conditions, the Company hereby grants to you a non-exclusive, non-sublicensable, limited license during the possession of the Company’s products to use the software or firmware, solely as set forth herein and subject to all conditions and limitations set forth elsewhere in these Terms and Conditions. This license grants you the right to use and run the software or firmware as properly installed including necessary updates as pushed to your device from time to time (which updates you agree to accept) in accordance with these Terms and Conditions and any relevant Intellihot documentation, product manuals or other technical support instructions. rights in and to the software and firmware not expressly granted to you in these Terms and Conditions are expressly reserved for the Company.

Nothing contained on this Site should be construed as granting you, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of Company or such third party that may own the Intellectual Property displayed on this Site. Your use or misuse of the Intellectual Property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes downloading, copying, reproducing, transmitting, publicly performing, distributing, commercially exploiting, adapting, translating, or modifying any content of this Site for any purpose other than your own personal use. You are advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Users may not use or reference the Company’s Services in order to transmit, distribute, store or destroy material (a) in violation of Applicable Law; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of the Company or others or violate the privacy, publicity or other personal rights of the Company others; or (c) that is defamatory, obscene, discriminatory, threatening, abusive or hateful.  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The marks, copyrights, logos, trade dress, text, data, graphics, images, icons, software and firmware code, and other content (the “Content”), are protected under United States and foreign copyright, trademark and other laws. All Content is the exclusive and proprietary property of the Company as individual elements and as a compilation. Unauthorized use of the Content may violate copyright, trademark and other laws and you may not remove any copyright, trademark, or other proprietary notices contained in the original Content on any copy (permitted or not permitted) you make of any of the Company’s Content. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Services, you agree not to use the Services to infringe the intellectual property rights of others in any way.

If you elect to receive alert text messages from us for monitoring, alerts, maintenance, technical support, monthly reports or other maintenance services, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring text messages from us (each, a “Text Message”) sent through an automatic messaging system. Only high priority “No hot water” text alerts will be sent after hours.. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us. Your mobile provider’s message and data rates may apply. If your carrier does not permit SMS messages, you may not receive the Text Messages. Company will not be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account, and any new phone number(s) you attach to your account may receive our Text Messages unless you also unsubscribe.

You agree that you will not use the Site or the Services for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. You may not use the Site or the Services  in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that Company shall decide, in its sole discretion, if your conduct violates any aspect of these Terms and Conditions and that Company may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site and/or cancellation of any services.

Users are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) unauthorized collection of any data of Company or any user; or (f) reverse engineering or copying any firmware. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Furthermore, users of the Services are prohibited from the following: 

1. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services.
2. Taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
3. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars and intelligent agents) to navigate or search the Services other than the search engine and search agents available from the Company on the Services as well as generally available third-party Web browsers, such as Internet Explorer, Microsoft Edge, Bing and Google Chrome.
4. Attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Services.
5. Aggregating, copying or duplicating in any manner any of the content, data or information available from the Services.
6. Providing false information of any kind. 

It is your responsibility to use virus checking software on any download from this Site and to ensure the compatibility of such software with our equipment.

Company makes no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Services.

EXCEPT AS MAY BE PROVIDED IN ANY EXPRESS PRODUCT WARRANTY PROVIDED BY INTELLIHOT INC., THE SERVICES, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND THE COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SERVICES, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE SERVICES, OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES, WHETHER ONLINE OR OFFLINE.

Although COMPANY has attempted to provide accurate information (including any products, graphics, software, recommendations or other materials) on the Site, we assume no responsibility for the completeness, reliability or accuracy of the information. The information on this Site could include technical inaccuracies or typographical errors. COMPANY undertakes no obligation to verify or maintain the currency of such information. COMPANY may change the programs or products mentioned at any time without notice. Mention of non-COMPANY products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ANY COMPANYPRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THIS SITE, EXCEED IN THE AGGREGATE US $100.00.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM, COMPATIBLE DEVICE OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES, DAMAGES RESULTING FROM LOST DATA, AND BUSINESS INTERRUPTION ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES. 

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE COMPANY SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You hereby agree to hold harmless and indemnify COMPANY, and its affiliates, subsidiaries, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and costs (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, or demand brought against COMPANY arising out of (a) any breach of or violation of these Terms and Conditions; (b) any information you submit, share, or upload on or to the Site; (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party; and/or (d) your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure. You shall cooperate fully in the defense of any claim. COMPANY reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY. 

The Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third-party, not with the Company. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. The Company is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement of the Third-Party Service. The Company is not responsible for the content or practices of any websites other than the Services that link to the Terms and Conditions, even if the website links to the Services and even if it is operated by the Company or a company otherwise connected with the Company. By using the Services, you acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Services. When you access Third-Party Services, you do so at your own risk.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies (such as terminating use and/or license to use any of the programs) upon any breach by a User of these Terms and Conditions or if the Company is unable to verify or authenticate any information a User submits to the Services.  The Company, in its sole discretion, reserves the right to refuse fulfillment of your order, or to delete your assigned user name and password if you breach any of the terms of this agreement.  

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that the Company may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately after posting of the revised Agreement or change to the service(s) on the Company’s Services. You agree to periodically review our Services, including the current version of this Agreement available on our Services, to be aware of any such revisions. By continuing to use the Company’s services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes. The Company is not bound by nor should you rely on any representation by information posted on our Services of a general informational nature. No employee, contractor, agent or representative of the Company is authorized to alter or amend the terms and conditions of this Agreement.  

By using the Services, providing us your phone number, or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email, phone call, SMS text message, or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are not required to provide this consent and this consent is not a condition to purchasing any property, goods, or services.  If you do not provide this consent to be contacted via the methods above, please do not use the Services or provide a phone number or e-mail address to Company. 

You understand that it is not possible to guarantee that any transfer of information over text messaging or e-mail is 100% timely, complete, accurate, private or secure. As a result, we cannot guarantee the timeliness, completeness, accuracy, privacy or security of your information when it is sent via a text message or e-mail. By asking us to transmit information to you through text messaging or e-mail, you accept all risks associated with the transmission.

These Terms and Conditions are governed by the internal substantive laws of the State of New York. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within New York County, and all parties submit to the jurisdiction of the venue of these courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Services, such as a particular legal notice or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the Services. No changes to these Terms and Conditions shall be made except by a revised posting on this page. These Services are controlled, operated and administered by the Company from its offices within the United States of America.

The Services are subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including without limitation, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software or technical data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions will not operate as a waiver of such right or provision. If we fail to act in response to a violation of the Terms and Conditions, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of the Terms and Conditions with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, the Company’s decision to delay exercising or enforcing any right or remedy under the Terms and Conditions shall not constitute a waiver of such right or remedy. Even if the Company acts in a way that appears to you to be inconsistent with the Terms and Conditions, the Company’s action shall not be deemed a waiver or constructive amendment of the Terms and Conditions.

The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. The Terms and Conditions operate to the fullest extent permissible by Applicable Law. Except as otherwise expressly provided herein, if any provision of the Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from the Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

The Company, including its affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and the Company, regarding any aspect of your relationship with the Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and the Company agrees to give up the right to sue in court. Each of you and the Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and the Company. Any arbitration between you and the Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules. Regardless of how the arbitration proceeds, each of you and the Company shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions. Each of you and the Company may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). You and the Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and the Company agree that an order confirming award is only necessary if the obligations of the award have not been performed.