These GLAS Sales Terms were last updated December 20, 2017.
Thanks for shopping at the GLAS Store (“Store”) operated by Johnson Controls, Inc. (“JCI”). Please read the GLAS Sales Terms carefully as they form a contract between you and JCI that governs your purchase of products (“Products”) from the Store. By using the Store or by acquiring Products from the Store, you accept and agree to these GLAS Sales Terms, along with our GLAS Terms of Service, Privacy Notice, and applicable terms, conditions, and disclaimers found in the Store or referenced in these GLAS Sales Terms (collectively, “Store Terms”). YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE STORE TERMS.
JCI may change Store Terms at any time so you should review them each time before placing an order from the Store. Each time you place an order with the Store, the Store Terms then in place will apply.
No Warranties and Limited Liability; Arbitration: These Store Terms provide you with certain legal rights, but you may have other, additional legal rights, which vary from jurisdiction to jurisdiction. Please note that JCI doesn’t provide warranties for the Store, and these Store Terms limits our liability to you. Please see Sections 16 and 17 for details. Some jurisdictions do not permit the exclusion of implied warranties or the exclusion or limitation of certain damages or other rights, so those provisions of these Store Terms may not apply to you. These Store Terms require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 18 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
TERMS RELATING TO YOUR USE OF THE STORE
1. No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to JCI that you will not use the Store for any purpose that is unlawful or prohibited by the Store Terms. You will not: (a) use the Store in any manner that could damage, disable, overburden, or impair any JCI server, or the network(s) connected to any JCI server, or interfere with any other Store user’s use of the Store; (b) attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any JCI server or to the Store, through hacking, password mining or any other means; (c) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store; (d) use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including JCI; and (e) commercially distribute, offer for sale or sell any Products obtained from the Store.
2. Feedback. Any suggestions, information or feedback provided by you to JCI regarding the Store or Products (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Store or Products or any ratings or reviews of the Store or Products) (“Feedback”) is voluntary and you hereby grant to JCI a world-wide, royalty free, irrevocable, transferrable, perpetual license to use (and authorize others to use) any Feedback without restriction.
3. Links to Third Party Websites. The Store may include links to third party websites that let you leave the Store. JCI is not responsible for the contents of any linked site or any link contained in a linked site. JCI provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by JCI of the linked site. Your use of the third party website may be subject to that third party’s terms and conditions.
TERMS RELATING TO THE PURCHASE OF PRODUCTS
5. Consumers Only. The Store sells and ships Products to end-user customers only. JCI reserves the right to refuse or cancel your order if JCI suspects you are purchasing products for resale.
6. Additional Product Terms. The purchase and use of the Products are subject to the GLAS limited warranty and the GLAS End User License Agreement.
7. Prices & Payment.
7.1 JCI reserves the right to change prices for Products displayed on the Store at any time. All prices are shown in U.S. dollars. Unless stated otherwise, prices shown in the Store exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
7.2 JCI accepts credit and certain debit cards as payment methods for Product orders placed through the Store. If you are paying with an international payment card, the purchase price may fluctuate with exchange rates and your payment card issuer may also charge you foreign conversion charges and fees. By providing JCI with a payment method, you: (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (b) authorize JCI to charge you for any Products purchased using your payment method.
7.3 When you place an order, JCI will contact your payment card’s issuing financial institution to confirm the validity of the account and will request preauthorization for the full purchase amount. Your payment card will be charged when the Product has shipped. If you cancel your order before the Products are billed, any authorizations in place on your payment card account may take several days to expire. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem JCI encounters in order to proceed with your order.
8. Order Acceptance & Confirmation. JCI may, in its sole discretion, refuse or cancel any order and limit order quantity. JCI may also require additional qualifying information prior to accepting or processing any order. Once your order is received, JCI will provide you with an email order confirmation. The order confirmation does not operate at JCI’s acceptance of your order, nor does it constitute confirmation of JCI’s offer to sell; instead, the email confirmation is merely a confirmation that JCI received your order. JCI reserves the right at any time after receiving your order to accept or decline your order for any reason. If JCI cancels an order after you have already been billed, JCI will refund the billed amount.
9. Geographic Availability. Available Products may vary depending on your region. In addition, there may be limits on where JCI can ship Products. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.
10. Shipping & Delivery. Prices for the Products do not include shipping costs, though the Store may offer free shipping. Applicable delivery charges and methods are as described on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to us and it may take up to 45 days for the returned items to be identified as refused and processed for a refund.
11. Product Availability & Limitations. JCI reserves the right to change Product quantities available at any time, even after you place an order. There may be times when JCI confirms your order but subsequently learns that it is unable to supply the ordered Product; in the event JCI cannot supply a Product you ordered, JCI will cancel the order and refund your purchase price in full.
12. Return Policy.
12.1 For any undamaged Product purchased from the Store, you may return it (with its included accessories and packaging) along with the original receipt within 90 days of the date of purchase (“Return Period”), and JCI will exchange it or offer a refund based upon the original payment method used to purchase the returned Product. To initiate a return of an undamaged Product, please contact GLAS Customer Support at 1-833-297-4527 within the Return Period. To receive a refund, you must return your Product within the 14 days following the day on which you contact GLAS Customer Support to initiate the return. JCI will refund the price you paid for the Product plus original delivery cost within 30 days after JCI’s receipt of the returned Product.
12.2 If you purchased the Product from somewhere other than the Store, please contact that reseller to obtain a refund.
12.3 Please refer to the GLAS limited warranty for details regarding the return of damaged Products.
13. Age Limitations. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Store Terms. Age limits may apply to your use of the Store, including purchases.
15. Termination of Use or Access. JCI may terminate your use of the Store at any time for any reason, including if you are in breach of any of the Store Terms. By using the Store, you will be responsible (in accordance with these Store Terms) for any orders you make or charges you incur prior to such termination. JCI may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
16. Warranty Disclaimers; Additional Use Limitations. Some jurisdictions do not permit the exclusion or limitation of certain warranties, so the following provisions may not apply to you.
16.1 Warranty Disclaimers. THE STORE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE STORE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL PRODUCTS PURCHASED THROUGH THE STORE ARE PROVIDED ON AN “AS-IS” BASIS UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY INCLUDED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCI AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTY THAT (I) THE STORE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE OR (II) ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE USE OF THE STORE WILL BE ACCURATE, TIMELY OR ERROR-FREE, (B) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE STORE AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE STORE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND JCI DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE STORE AND ANY DATA INFORMATION OR RESULTS OBTAINED THROUGH THE STORE, INCLUDING TO YOUR COMPUTER, MOBILE DEVICE, HOME, ANY ITEM CONNECTED TO THE PRODUCT, HVAC SYSTEM, PLUMBING, AND ALL OTHER ITEMS IN YOUR HOME.
16.2 Use Limitations.
(a) No life-safety use of the device. THE PRODUCT IS NOT A SMOKE ALARM, CARBON MONOXIDE ALARM OR AN EMERGENCY DEVICE. The Product is not a substitute for installing and maintaining appropriate smoke alarms and carbon monoxide alarms in your home. You acknowledge and agree that this Product is not certified for emergency response. JCI makes no warranty or representation that use of the Product will guarantee any increase in health or safety. You understand that this Product is not a third-party monitored emergency notification system and that JCI will not dispatch emergency authorities to your home in the event of an emergency.
(b) Sole Risk and Indemnity. If you use the Product for use in any of the prohibited applications identified in Section 16.2(a): (i) you acknowledge that such use is at your sole risk, (ii) you agree JCI and the manufacturer(s) of the Product are not liable, in whole or in part, for any claim or damage arising from such use, and (iii) you will indemnify, defend and hold JCI and the manufacturer(s) of the Product harmless from and against any and all claims, damages, fines, sanctions, losses, costs, expenses and liabilities arising out of or in connection with such use.
(c) No Guarantee of energy savings or Other Benefits. Unless explicitly made in writing by JCI, JCI makes no promise or other guarantee that you will achieve any specific energy savings or other monetary benefit through use of the Product. JCI may provide you with information regarding your energy use and suggestions for implementing certain Product features to help achieve energy and cost savings; however, you acknowledge and agree that any such information or suggestions provided by JCI to you are not guarantees of actual energy or monetary savings.
(d) Air quality, health, and other benefits. JCI does not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the Product. Actual air quality may vary with factors beyond JCI’s control or knowledge. The indoor air quality information measured and displayed by the Product is for informational purposes only. An indication of “Good” or “Poor” air quality does not mean that levels are safe or harmful. JCI’s goal is to provide you with information to help you improve your health and wellness by monitoring and improving air quality. JCI, to the extent permissible by law, accepts no liability regarding the information measured and displayed by the Product and makes no warranties and representation about the applicability of such information or guidance to your specific needs. THE PRODUCT IS NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE OR ACTION IN ORDER TO CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE. Please seek the advice of your qualified heath care professional with any questions or concerns you may have regarding your individual needs, any medical conditions, or any health questions, including any regarding indoor air quality.
(e) Not for workplace safety use. The Product is not designed to measure compliance with Occupational Safety and Health Administration (OSHA) air contaminant levels and should not be used for that purpose.
(f) Not a metrology device. THE PRODUCT IS NOT A METROLOGY DEVICE. JCI makes no guarantee, representation, warranty, or endorsement of any kind about any information that is measured or displayed by or via the Product. JCI, to the extent permissible by law, accepts no liability for the accuracy, reliability, effectiveness, or proper use of information received through the Product. When you rely on such information or take action, you do so solely at your own risk. You acknowledge these limitations and agree that JCI is not responsible for any health problems or damages that may result from any failure or delay of, or any information displayed by the Product or your actions as a result of the information displayed.
(g) Notifications. Some features of the Product provide notifications. Such notifications are not intended to be entirely reliable, and JCI makes no guarantee or warranty regarding the reliability of such notifications. Any notifications provided through the Product are made entirely for informational purposes only and are not intended to be used as an emergency notification system.
17. Limits on Liability. Some jurisdictions do not permit the exclusion or limitation of certain damages or other rights, so the following provisions may not apply to you.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL (A) JCI (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM THE STORE TERMS, THE STORE OR PRODUCTS, OR THE USE OF, MISUSE OF, OR INABILITY TO USE THE STORE OR PRODUCTS, EVEN IF YOU OR JCI (AND JCI’S ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES), AND (B) JCI’S (AND ITS AFFILIATES’ AND ITS AND THEIR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, CONTRACTORS’, SUPPLIERS’, AND LICENSORS’) LIABILITY IN CONNECTION WITH THESE STORE TERMS, THE STORE OR THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY YOU.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION DO NOT APPLY TO LIABILITIES THAT ARISE FROM THE UNAUTHORIZED USE OF INTELLECTUAL PROPERTY OR THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY ARISING SOLELY FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE STORE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
18. Disputes and Arbitration.
18.1 Any dispute or claim relating in any way to these Store Terms or your access or use of the Store will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Store Terms as a court would.
18.2 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to JCI, Attention: Legal Department at 507 E Michigan Street, Milwaukee, WI 53202. Your notice to JCI must (a) provide your name, mailing address, and email address, (b) describe the dispute, and (c) state the relief you are requesting. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. JCI will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. JCI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or the state (or province) in which you purchased the Product.
18.3 WAIVER OF CLASS ACTIONS. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. JCI and you also both agree that you or JCI may bring suit in a state or federal court in Milwaukee County, Wisconsin to enjoin infringement or other misuse of intellectual property rights.
18.4 OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 18, you must notify JCI in writing within 30 days of the date that you first accept these Store Terms (unless a longer period is required by applicable law). You must mail your written notification to JCI, Attention: Legal Department to the address in Section 18.2. Subject to Section 18.5, if you do not notify JCI as outlined in this Section 18.4, you agree to be bound by the arbitration and class-action waiver provisions herein, including such provisions in any Store Terms revised after the date of your first acceptance.
18.5 You may reject any change JCI makes to Section 18 (except address changes) by sending JCI written notice within 30 days of the change by mail to the address in Section 18.2. If you do, the most recent version of Section 18 before the change you rejected will apply. It is not necessary to send JCI a rejection of a future change to the this Section 18 if you had properly opted out of the arbitration and class-action waiver provisions in this Section 18 within the first 30 days after you first accepted these Store Terms.
19. General Legal Terms and Contact Information.
19.1 Governing Law. You agree that these Store Terms, and any claim, dispute, action, or issue arising out of or relating to these Store Terms or your use of the Products and Stores is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Wisconsin without reference to conflict of laws principles. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal jurisdiction of the state and federal courts in or for Milwaukee County, Wisconsin for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, JCI may seek injunctive or other equitable relief to protect its (or its licensors or service providers’) confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
19.2 Force Majeure. JCI is not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond JCI’s reasonable control, including acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 Notice. JCI may need to communicate with you from time to time regarding these Store Terms or the Store. JCI may provide such notice to you via email to the email address you provided to JCI or on online Store. If you have questions regarding these Store Terms or need to contact JCI, please see https://www.johnsoncontrols.com/contact-us for JCI’s contact information.
19.4 Entire Agreement. The Store Terms are the complete and entire understanding and agreement between JCI and you regarding the Store and Products, and supersedes all previous or contemporaneous written and oral agreements and communications relating to the subject matter of the Store Terms, all of which are merged into the Store Terms. The Store Terms may not be modified or amended except in a writing signed by JCI and you.
19.5 No Waiver. All waivers by JCI will be effective only if provided in writing. Any failure or delay by JCI to strictly enforce any provision of these Store Terms will not operate as a waiver of that provision, any other provision, or any subsequent breach of that or any other provision.
19.6 Severability. Each provision in these Store Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from these Store Terms; and, all the remaining provisions of these Store Terms will continue in full force and effect.
19.7 Assignment. These Store Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without JCI’s prior written consent. These Store Terms may be assigned by JCI without restriction. These Store Terms are binding upon any permitted assignee.
19.8 Proprietary Rights. Copyright © 2017 Johnson Controls, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Store are the property of JCI or of their respective owners. You are not permitted to use any of the Marks without the applicable prior written consent of JCI or such respective owners.