Terms of Use

Last amended: November 5, 2021

The boschprohvac.com is operated by Bosch Thermotechnology Corp. (“Bosch”). By visiting the boschprohvac.com or by using any of the services provided on boschprohvac.com (collectively, the “Website”), you hereby agree to be bound by all of the terms and conditions in these Terms of Use (these “Terms”), as well as Bosch’s Privacy Policy which is located at www.boschheatingcooling.com/prohvacprivacypolicy and which is incorporated herein by reference (“Privacy Policy”). If you do not agree to be bound by these Terms of Use each time you use the Website, or you do not have the authority or capacity to agree to or accept these Terms of Use (either for yourself if you are using as an individual, or on behalf of your company if you are using on behalf of a company), you may not use the Website and you should cease any further use of any materials you may have obtained from the Website.

General. The Website allows you (the product owner or contractor) to register the Bosch product and to submit warranty claims (if you are a wholesaler or distributor) (collectively, “Services”).

Access. Subject to these Terms, we grant you permission to access and use, on a non-exclusive, non-transferable, limited license, the Website and the Services provided that with respect to any materials obtained from the Website or through the Services, you may not:

• modify, translate, copy, reproduce or otherwise create derivate works or improvements, whether or not patentable, of the Website or any such materials, except as explicitly provided;
• distribute or transmit the materials except as explicitly permitted;
• publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
• create derivate works from, transfer, or sell any materials;
• attempt to decompile, disassemble, decode, reverse engineer or otherwise attempt to derive or gain access to the source code of any software or database contained in or accessed through the Website; or
• remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Website, including any copy thereof or other proprietary notations,

without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to refer to the Website through email, social media, or other similar methods, provided that you do not imply any affiliation between you and us, or you and the Website, or portray us or the Website in a false, misleading, derogatory or otherwise defamatory manner.

Changes. These Terms may change from time to time. When accessing the Website or through other means of notice as provided in the Notices section, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.

Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website. Bosch reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to blocking or canceling your access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Third Party Website Links and Referrals.

the Website may (i) contain links to other web sites that are operated by third parties; (ii) integrate or be provided in connection with third-party services or content; and (iii) contain referrals to third party vendors (collectively “Third-Party Services or Content”). Bosch does not control such Third-Party Services and Content, and Bosch includes or provides these Third-Party Services or Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Services or Content. Your use of these Third-Party Services or Content is at your own risk. You should read the terms of use agreements and privacy policies, if any, that apply to such Third-Party Services or Content.

Disclosure of Information.

Submissions. You may voluntarily choose to, or Bosch may invite you to submit feedback, information, data, text, software, messages, or other materials, including but not limited to reviews of Bosch products and services (each, a “Submission”). You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted after submission. Any Submissions by you through this Website of your personal information will be governed by our Privacy Policy. Please do not submit any other confidential or proprietary information unless you have a written agreement with Bosch related to the sharing and protection of such information. Any information that Bosch receives through this Website, other than your personal information, will be deemed to be non-confidential. By transmitting information to Bosch through this Website or through other electronic means, without a written agreement with Bosch relating to such information, you understand and agree that Bosch may use such information for any legal purpose whatsoever, without obligation to you. Bosch may use, copy, modify, publish, or redistribute the Submissions and its contents for any purpose and in any way without any compensation or attribution.

By submitting any Submission, you represent and warrant that:

• You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
• Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights”, “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
• Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
• Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
• Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
• Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
• Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a Submission, you grant to Bosch and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen Submissions or monitor any area of the Website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure

Account.

You are required to create an account and specify a password in order to use the Services or features on the Website. When you create an account, you may be asked to provide certain information which will be subject to our Privacy Policy. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself and/or your employer. You represent and warrant that all required account information you submit is truthful and accurate, and that such information does not include any personal information regarding any individual other than you, or in case of a contractor, any personal information other than the product owner’s information. If you, as the contractor submit the personal information of a product owner, you herby represent and warrant that you have obtained the appropriate consent of such product owner. If your information changes at any time, please update your account to reflect those changes.

Your account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Website. Moreover, your administrator may be able to access or disable your account without our involvement.

You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.

You acknowledge and agree that Bosch will assume that any activity taken through your account or using your account credentials is authorized and directed by you. You are legally responsible for all activities that occur under, through or with respect to your account, even if a person gained access to your account without your permission. We are not liable for any loss or damage arising from unauthorized access to your account and have no obligation to investigate the authorization or source of any access or use of the Website and Services that purports to be you, such as activity through your account.

Ownership and Intellectual Property.

Bosch Property. You acknowledge that all right, title and interest in, to and associated with intellectual property rights, including without limitation registered and unregistered copyrights, patents, trademarks, and trade secrets, in the Website and Services, including any Content (as defined below) forming any part of the Website or Services, are owned by Bosch or its affiliates or licensors. Your possession, access, and use of the Website and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Bosch and its affiliates and licensors reserve all rights not explicitly granted in these Terms. You may not use the Content of the Website and/or the Services in any other public or commercial way, nor may you copy or incorporate any of the Content of the Website into any other work, unless written authorization is provided to you by Bosch.

For the purposes of this section, the term “Content” means all materials and content including designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, as well as source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of the Website. The Website may link to or otherwise make available Content from third parties (collectively, “Third Party Content”). That Third Party Content is theirs and not yours, and may be governed by terms and conditions applicable to Third Party Content. Nothing in your use of the Website or these Terms grants you any right, title or interest in, or ownership of Third Party Content except for the limited right to use the Website as set out herein.

Trademarks. Unless otherwise specified, all trademarks on the Website, as well as all other Bosch websites, are protected under trademark law. This applies to all Bosch trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. Bosch websites may also contain other product, service and/or company names which may be the trademarks of their respective owners.

Copyright– The Website and all our Content is owned and copyrighted by Bosch and/or its licensors, and is licensed to you in accordance with these Terms only.

Other intellectual property rights. Please note that any Content, product or processor technology described

in the materials on this Website may be the subject of other intellectual property rights reserved by Bosch

and are not licensed hereunder. Trademarks of third parties are identified wherever possible and Bosch acknowledges their rights.

You may not reproduce, sell, publish, distribute, modify, display, or make any part of this Website or the Marks available to any third party, including as part of another website whether by hyperlink framing on the internet or otherwise without the express written consent of Bosch. Bosch will not be held liable in any way to you or to any third party or to any other person who may receive Content from the Website for any delays, inaccuracies, errors or omissions in such Content or in the transmission or failure to transmit all or any part thereof or for any damages arising from any of the foregoing.

This Website and its Content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party, or to distribute any database containing all or a part of this Website or the Content.

Indemnification.

You agree to defend, indemnify and hold Bosch and its 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) your use of the Website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Warranties, Disclaimers and Limitation of Liability.

SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN

Disclaimers of Warranties.

THE WEBSITE, INCLUDING ALL SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THESE TERMS, INCLUDING WITH RESPECT TO THE WEBSITE.

Limitations on Liability.

         IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY injury, death, property damage; (v) ANY interruption, DELAY, FAILURE, DISRUPTION, downtime, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF SERVICES; OR (vi) ANY third party SERVICES OR CONTENT.

        BOSCH’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.

Governing Law and Exclusive Venue.

These Terms and all disputes between you and Bosch arising out of or relating to the Website or the Services shall be governed by and construed in accordance with the laws of the State of Michigan, except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply.

No Assignment.

These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by you will be null and void.

Force Majeure.

Any delay in the availability of the Website or non-performance of the Website 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.

Governing Law/Arbitration.

These Terms and all disputes between the parties arising out of or related thereto shall be governed by the laws of the State of Illinois except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. Provider and Customer acknowledge that this contract evidences a transaction involving interstate commerce. Provider and Customer shall first endeavor to resolve through good faith negotiations any dispute arising under or related to these Terms or with respect to the Services. If a dispute cannot be resolved through good faith negotiations within a reasonable time, either party may request non-binding mediation by a mediator approved by both parties. If mediation fails to resolve the dispute within thirty (30) days after the first mediation session, then, upon notice by either party to the other, any and all disputes, controversies, differences, or claims arising out of or relating to these Terms (including the formation, existence, validity, interpretation (including of this Arbitration clause), breach or termination thereof) or the Services shall be resolved exclusively through binding arbitration, except that either party shall have the right, at its option, to seek injunctive relief, under seal to maintain confidentiality to the extent permitted by law, in either (i) Circuit Court of Cook County, Illinois, or the United States Court for the Northern District of Illinois, or (ii) pursuant to the American Arbitration Association Optional Rules for Emergency Measures of Protection. A request by a party to a court of competent jurisdiction for such interim measures shall not be deemed incompatible with, or a waiver of, this agreement to arbitrate. The parties agree that any ruling by the arbitration tribunal on interim measures shall be deemed to be a final award for purposes of enforcement. The arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the AAA including application of the Optional Rules for Emergency Measures of Protection as amended from time to time, except as modified by this clause or by mutual agreement of the parties, and shall be governed by the United States Federal Arbitration Act. Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be conducted in Cook County, Illinois, and the language of the arbitration shall be English. The arbitrators’ award shall be final and binding. The arbitrators shall issue a written opinion setting forth the basis for the arbitrators’ decision. The written opinion may be issued separately from the award by the arbitrators where necessary to preserve confidentiality, in the arbitrators’ discretion. Each party shall bear its own fees and costs, and each party shall bear one half the cost of the arbitration hearing fees, and the cost of the arbitrator, unless the arbitrators find the claims to have been frivolous or harassing, which may include an award of legal fees and costs. Either party may apply to have the arbitration award confirmed and a court judgment entered upon it. Venue for confirmation of or any challenge to the Arbitration Award shall be in either the Circuit Court of Cook County, Illinois, or the United States Court for the Northern District of Illinois and shall be done under seal to maintain confidentiality to the maximum extent permitted by law. The arbitrators shall have no authority to award punitive damages or any other damages excluded herein, to the maximum extent permitted by law. Except as may be required by law, neither a party, its counsel, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties

Notices.

You agree that we may provide notices to you of changes to these Terms 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 Website; or (b) an email or regular mail sent to an address you provide.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 1-800-283-3783 or email us at privacy.policy@us.bosch.com

© Copyright 2021 Bosch Thermotechnology Corp.

All Rights Reserved.