Terms and Conditions:
Control Centric has posted these Terms and Conditions for your benefit. These Terms and Conditions (“Terms”) govern the use of this website as well as the relationship between Control Centric (“Control Centric” or “Us”) and its customers (“you”). These Terms are binding on you and your use of the website and/or purchase of goods/services constitutes acceptance of these terms. If you do not accept these terms you must immediately leave this website or cancel your purchase of goods and/or services per the paragraph titled “Cancellation”. Control Centric reserves the right to change, modify, update or revise these terms from time to time with our without notice to you. Please refer back to this page periodically to ensure you are up to date on the most current terms.
Third Party Terms:
The use of Control Centric website as well as any products or services may include the use of or access to third party services, data, websites, tools, products, etc (“third party offerings”). The use of those third party offerings is governed by the terms of those providers in addition to the terms of Control Centric unless otherwise noted. Those third party terms where applicable are included in this agreement by reference.
You may not use the service(s) and/or product(s) for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner inconsistent with these Terms. You agree to use the service(s) and/or product(s) solely for your own business or personal use, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity unless agreed to in writing by an authorized representative of Control Centric.
Additionally, the content, logos and other information provided on our website is copyrighted material. As such, it may be viewed, copied, printed or otherwise used only for personal, non-commercial purposes. You may not use, modify, edit, copy, print, display, reproduce, alter, distribute or publish any information or content from this site without express written permission of Control Centric.
If Control Centric suspects or has proof that your information is untrue, inaccurate, not current or incomplete, then Control Centric reserves the right to suspend or terminate your account and refuse any and all use of the site as well as cancel any purchases both now and in the future.
You agree that any dispute, claim or controversy arising out of or relating to these terms, any purchase or to the provision of any service, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association (“AAA”). The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The decision of the arbitrator shall be binding upon both parties. These Terms and the performance hereunder will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Duval, Florida.
This agreement to arbitrate also requires you to arbitrate claims against other parties relating to products and/or services provided or billed to you, including third party suppliers of products, services, data and as applicable our retail dealers, if you also assert claims against us in the same proceeding.
Before filing for arbitration, you agree to provide Control Centric with an opportunity to resolve your claim or dispute by contacting us in writing with a description of your claim or dispute to the following address: Control Centric, 14286-19 Beach Blvd. #326, Jacksonville, Florida 32250. Further you agree to negotiate with us in good faith regarding your claim or dispute. If we are unable to resolve your claim or dispute within 30 days after receipt of your written notice, then you or Control Centric may initiate arbitration in lieu of suing in court. You must serve our Claims Department at the address listed above in order to begin arbitration proceedings. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees and administrative expenses ("Fees and Expenses") You and Control Centric agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to arbitrate, you and Control Centric agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement.
As part of your agreement to arbitration you waive any right to a class action whether in court or through arbitration. You and Control Centric may only initiate a claim or dispute in an individual manner and not as a class member, representative or other similar capacity. The foregoing not withstanding, if a court or arbitrator decides in the course of a claim or dispute that the wavier of class action or status is invalid or unenforceable under applicable law, then the arbitration agreement is considered void and you and Control Centric agree that such claim or dispute will be subjectto a court of appropriate jurisdiction. Regardless, no claim or dispute may be brought to small claims court.
You and Control Centric agree that should any claim or dispute be filed whether in arbitration or court (as provided above) that all parties waive their right to a jury trial to resolve the claim or dispute.
Our Right to Cancel:
Control Centric reserves the right to cancel your web account, subscription, and/or ongoing service(s), at any time, for any or no reason and without notice and assumes no liability to you upon such cancellation, other than to provide you with a refund for prepaid, unused monthly fees for subscriptions and/or service(s), if cancellation is done without cause. In no event will Control Centric be obligated to provide a refund if cancellation was for cause.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONTROL CENTRIC, ITS LICENSORS AND SUPPLIERS, OR AGENTS OR EMPLOYEES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY THE WEBSITE, CONTENT, SERVICE(S), PRODUCTS AND/OR THE SOFTWARE. THE ENTIRE RISK ARISING FROM YOUR USE OF OR YOUR RELIANCE ON THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S), SOFTWARE REMAINS WITH YOU.
EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED BY CONTROL CENTRIC, THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE ARE PROVIDED TO YOU "AS IS." CONTROL CENTRIC AND ITS LICENSORS AND SUPPLIERS (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USE OR RESULTS TO BE OBTAINED FROM THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE, OR THAT USE OF THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Temporary interruptions of the website and/or service(s) may occur from time to time. Control Centric, while exercising reasonable efforts to prevent such occurrences will in no event be liable for any financial or other damages due to such interruptions. Some States do not allow certain warranty exclusions, so to that extent the above exclusions may not apply.
Limitation of Liability:
Subject to your compliance with these Terms and any additional agreement we may require, Control Centrichereby grants to you a personal, non-exclusive, non-transferable license: (i) to download or otherwise copy the software purchased from Control Centric onto your home or office Personal Computer (“PC”) and (ii) to use the software on the installed PC in order to access the application and/or use the service(s). The license limits instillation to one (1) PC and one backup copy on storage media. Additional installations require the purchase of additional licenses. This license shall terminate upon any termination of these Terms or any suspension, termination or cancellation of your access to the service(s). Except for the limited license expressly granted herein, Control Centric shall own all right, title and interest in and to the software, including without limitation all intellectual property rights therein. You shall not reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the software, or part thereof, or otherwise attempt to derive the source code, libraries or structure of the software, without the prior express written consent of Control Centric. You shall not remove from the software, or alter, any of Control Centricor its third party suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings. You shall not distribute or otherwise transfer the software.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Control Centricand its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, expert witness fees, etc. arising out of or in connection with your use of the website, service(s), product(s), and/or software or use or possession by you of the third party offerings.
We may assign all or part of our rights or duties under the Agreement with or without notice to you and such assignment will not be considered a change to the Agreement, except to the extent provided by law. We are then released from all liability in regard to the agreement. You may not assign the Agreement without prior written consent of Control Centric. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
Notices and Customer Communications:
Severability and Survivability:
Each section of these terms is considered individual and independent of the others. To the extent that any such section is held invalid or unenforceable then (a) the ruling authority should construe that section to reflect the intentions of parties with regard to that section. (b) the remainder of the sections will continue in full force and effect.
Our ability to collect unpaid amounts and to pursue collections actions in a court of appropriate jurisdiction shall survive the cancellation or termination of this agreement.
Ability to Enter Contracts:
By agreeing to the terms you represent that you are of legal age to enter an agreement in the United States and that you have the legal capacity to be bound by this agreement. If you are agreeing to these terms on behalf of a company then you represent that you have the legal right to obligate the company and all employee users to the terms of this agreement. Furthermore, you agree to be personally liable for all accounts and amounts due under this agreement if it should be determined that you do not have the right to enter into this agreement on behalf of the company you represent.
This agreement is subject to the laws of the State of Florida and specifically excludes the UN Convention on Contracts and/or any foreign law.
If we do not enforce our rights under any section of this agreement it does not constitute a waiver of those rights. Control Centric may choose to enforce those rights at a later time as it determines.