PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

This website is operated by Savant Systems, Inc. (“Savant”, “we”, “our” or “us”).These terms and conditions are entered into by and between you and Savant, and together with our Privacy Policy, found at https://www.savant.com/privacy-policy, and any documents incorporated by reference (collectively, these “Terms of Use”) govern your access to and use of the “Website”, including all information, tools and services available through the use of the Website. If you do not agree to these Terms of Use, you must not access or use the Website.

Changes to These Terms of Use

Savant reserves the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Website after any changes to the Terms of Use including policies referenced therein means you accept and agree to the changes.

Reliance on Information Posted

The material on this Website is provided solely for general information purposes only. Savant does not warrant the accuracy, completeness or usefulness of this information and is not responsible if information made available on this Website is not accurate, complete or current. Any reliance you place on the material on this Website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Intellectual Property Rights and Use of Materials on the Website

The Website and its entire contents, features and functionality (including, without limitation all information, text, graphics, logos, icons, displays, images, video and audio clips, downloads, interfaces, code and software, as well as the design, selection and arrangement thereof), are the exclusive property of and owned by Savant, its licensors or its content providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Savant and Savant’s name, Savant Home System, or Savant’s logo and all related names, logos, product and service names, designs and slogans displayed on this Website are the registered and unregistered trademarks, logos and service marks of Savant, its licensors, content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission. Savant reserves all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. These Terms of Use permit you to use the Website for your personal and non-commercial use. Any use of content on the Website, including but not limited to the modification, distribution, reproduction, storage, transmission, performance, broadcast, publication, public display, public performance, republication, download, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. Savant reserves the right to refuse or cancel any person's registration for this Website, remove any person from this Website or prohibit any person from using this Website for breach of these Terms of Use or any reason whatsoever. No right, title or interest in or to any downloadable materials, Website, or any content on the Website is transferred to you. Savant, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Savant's sole discretion. Savant neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with Savant. You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

Materials You Submit

You agree and acknowledge that you are responsible for any material you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such material. If you do submit material, including but not limited to, questions, comments, suggestions, ideas, plans, notes drawings, original or creative materials, or other information (collectively “Contributions”), provided by you in the form of e-mail or submissions to Savant, or postings on this Website, such Contributions are non-confidential and Savant shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any Contributions to Savant including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of attribution and integrity. You grant Savant and its affiliates the right to use the name you submit in connection with such materials and the use of such name and all other personal information provided via this Website will be handled in accordance with the Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the Contributions; that the content of the Contributions is accurate; that use of the Contributions you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Savant for all claims resulting from the Contributions you supply.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
(i) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or otherwise give rise to liability.
(ii) To upload, distribute or otherwise publish through this Website any content that is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable.
(iii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(iv) To constitute or encourage a criminal offense or violate the rights of any party to these Terms of Use or third party.
(v) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Savant or users of the Website or expose them to liability.
(vi) In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
(vii) With any robot, spider or other automatic device, process or means, or any manual process, to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(viii) With any device, software or routine that interferes with the proper working of the Website, or introduces any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful, including but not limited to, chain letters, mass mailings or any form of “spam”.
(ix) To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(x) By using a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
(xi) To upload commercial content onto the Website.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our legal department at:
Savant Systems, Inc.
Attn: Legal Department
45 Perseverance Way
Hyannis, MA 02601

To be effective, your notification must (i) be in writing, (ii) be provided to our legal department, and (iii) include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• 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;
• 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; and,
• 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.

Savant is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Website, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. Unless we have otherwise specifically agreed, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. Some features that may be available on this Website require registration. By registering at and in consideration of your use of the Website you agree to provide true, accurate, current and complete information about yourself. You agree that all information You provide to register with this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Some features on this Website may require use of a password. You are responsible for protecting your password. If you are provided with a username, password or any other piece of information as part of our security procedures, you must treat your website access information as confidential, and you must not disclose it to any other person or entity. You agree not to share or provide website access or access information, including your username, password or other website security information, with any other person or entity. You agree to notify us immediately if there is or you believe there is any unauthorized access to or use of your username or password, theft of your password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any website access, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Savant may assume that any communications Savant receives under your password have been made by you unless Savant receives notice otherwise. You or third parties acting on your behalf are not allowed to frame this Website or use our proprietary marks, or our Licensor’s proprietary marks, as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without Savant’s express written consent. Further, you may not utilize any Website content in any meta tags or any other "hidden text" techniques or technologies without Savant's express written consent.

Third Party Content

The Website may provide links to other web sites and content of third parties (the "Third Party Content") as a convenience to those interested in this information. Savant does not monitor nor does it have any control over any Third Party Content or third party websites or the privacy policies of such websites. Savant does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. All statements and/or opinions expressed in any Third Party Content, and all articles and responses to questions and other content, other than the content provided by Savant, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Savant. Savant does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. You may only use these links and Third Party Content contained therein at your own risk.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DISCLAIMERS

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT ANY WARRANTIES OF ANY KIND BY SAVANT OR ANYONE ASSOCIATED WITH SAVANT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, ERROR-FREE, UNINTERRUPTED, RELIABLE, OR TIMELY; THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVANT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SAVANT NOR ITS AFFILIATES, SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT OR INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE OR ANY LINK TO THE SITE, SAVANT’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SAVANT, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,YOUR LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, LOSS OF GOODWILL AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SAVANT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SAVANT IS TO DISCONTINUE YOUR USE OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU AND SAVANT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Savant, its affiliates, licensors and service providers and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, suppliers, successors and assigns from and against any and all claims, losses, liabilities, expenses, damages, judgments, awards, costs and fees, including reasonable attorneys' fees and court costs, arising out of, relating to or resulting from your use of the Website and any violation of these Terms of Use, including, but not limited to, any use of the Website’s content, services and products other than expressly authorized in these Terms of Use or your use of any information obtained from the Website. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or resulting from that disruption. Savant reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Savant in the defense of such matter.

Jurisdiction and Applicable Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, and you irrevocably consent to the jurisdiction of the federal and state courts located in Wilmington, Delaware for any action arising out of or relating to these Terms of Use, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of the State of Delaware and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for your use, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Waiver and Severability

No waiver of by Savant of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Savant to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Savant with respect to your use of the Website and supersede all prior or contemporaneous understandings, representations and warranties, whether oral or written, between the parties with respect to the Website. These Terms of Use apply exclusively to your access, and use of, this Website and they will not alter any terms or conditions of any other agreement you may enter into with Savant, unless there is a conflict of provisions, in which case, the other agreement you enter into with Savant shall govern with respect to the specific provision.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Website, please contact us by:

• Emailing us at: support@savant.com
• Calling us at: 1-508-683-2500 or
• Writing us at:
  Savant Systems, Inc.
  Attn: General Counsel
  45 Perseverance Way
  Hyannis, MA 02601