Terms of Service

Last Revision: 8/20/2013

Your Acceptance

By using or visiting the Cennox Extranet website or any services therein (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”) found at https://extranet.cennox.com/tos, and (2) Cennox’ Privacy Policy, found at https://www.cennox.com/privacy-policy and incorporated herein by reference. If you do not agree to any of these terms or the privacy policy please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version posted on the website. Cennox may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

These Terms of Service begin on the date you first use the Service and continues as long as you have an account with us.

User Accounts

Use of this Service requires an account. You agree that are responsible for all activities that occur under your account, and that you will not sell, transfer, or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may be assigned to or selected by you so that others may not access any portion of this Service using your account and/or identity.

Account Deletion/Suspension

You may request your account be deleted at any time by emailing the request to itsupport[at]cennox.com. Accounts may be suspended, disabled, or deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

Termination for Breach

Cennox may suspend, disable, or delete your account (or any part thereof) if Cennox determines that you have violated any provision of these Terms of Service.

General Use of the Service

Cennox may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally. You understand that Cennox uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

Who May Use This Service

You must be a Cennox employee, or the employee of an organization with a current contractual business relationship with Cennox. Termination as an employee from either of the aforementioned groups revokes your permission to use the Service.

Restrictions on Use

Except as expressly permitted by the Terms of Services, you agree not to (nor may you permit anyone else to) do any of the following:

Use the service for any illegal or unauthorized purpose, or in any manner inconsistent with the Terms of Services;
Use, transfer, distribute, or dispose of any information contained in the Service to any entity or organization outside your own without prior written consent of Cennox;
Impersonate any person or entity, including, but not limited to, anyone affiliated with Cennox, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Attempt to reverse engineer, decipher, or decompile the Service or any component, or attempt to create a substitute or similar service through use of, or access to, the Service;
Input or upload to the Service any information which contains viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the Service.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service, including any content, software or information contained with the Service and any related service, is provided on an "as is" and "as available" basis. Cennox, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. Because some jurisdictions may not permit the exclusion of certain warranties, some of these exclusions may not apply to you.

Cennox and its officers, directors, employees, or agents make no warranty that (i) our site will meet your requirements, (ii) materials, software or content available for download from the site are free of infection or viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; (iii) our site will be uninterrupted, timely, secure (including free from unauthorized access), provide continuous storage or access, or error-free, (iv) the results that may be obtained from the use of our site will be accurate, complete or reliable, (v) the quality of any products, services, software, information, or other material purchased or obtained by you through our site will meet your expectations, and (vi) any errors in our site or software will be corrected.

Limitation of Liability

IN NO EVENT SHALL Cennox, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Any claim arising out of or relating to the use of this Service must be notified to Cennox as soon as possible and no later than one (1) year after the occurrence of the event giving rise to such claim.

The service is controlled and offered by Cennox from its facilities in the United States of America. Cennox makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cennox, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

General Provisions

Governing Law

The Service is controlled and operated by Cennox from its offices in Montana, United States of America. The Service shall be deemed a passive website that does not give rise to personal jurisdiction over Cennox, either specific or general, in jurisdictions other than Montana. These Terms of Service shall be governed by the internal substantive laws of the State of Montana, without respect to its conflict of laws principles. Any claim or dispute between you and Cennox that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Missoula County, Montana.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cennox without restriction.

Entire Agreement

These Terms of Service, together with the Privacy Notice and any other legal notices published by Cennox on the Service, shall constitute the entire agreement between you and Cennox concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Cennox' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.