Terms & Conditions
PointCentral provides smart home solutions that enable vacation rental and residential property managers to remotely control energy and access to their properties from their desktop or mobile device. This document sets forth the Terms and Conditions under which you may use the Services. The “Services” include this web site, voice site, and mobile site (the “User Interfaces”), any PointCentral and third party software incorporated into the Services and the corresponding email and phone notifications known as the PointCentral Network (the “PointCentral Network”). Please read this page carefully. By accessing, browsing or using the Services or downloading any content from the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not access, browse or use the Services or download any content from the Services. We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If you violate any of these Terms or Conditions, your permission to use the Services automatically terminates.
Scope of Use
PointCentral grants you a non-exclusive, non-transferable, limited license to access and make personal, non-commercial use of the Services but not to download (other than page caching) or modify it or any portion of it without the express written consent of PointCentral. This license does not include: any resale or commercial use of the Services or any content on the Services; any collection or use of any product listings, descriptions or prices; any derivative use of the Services or any content in the Services; any downloading or copying of these Services or any content in these Services for the benefit of another person or entity; or any use of data mining, robots or similar data gathering or extraction tools. Any use of the Services except as expressly licensed herein is prohibited, and all rights not expressly granted herein are reserved by PointCentral and its licensors. The Services and the content of these Services may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of PointCentral. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, without limitation, images, text, page layouts or forms) of PointCentral or its affiliates, vendors, contractors, agents or content providers without the express written consent of PointCentral. You may not use any meta tags or any other “hidden text” utilizing PointCentral or any of its affiliates’ names or trademarks without the express written consent of PointCentral. You may not attempt to reverse engineer, decompile, adapt, modify, or alter the Services (except to the extent that any of the foregoing restrictions are prohibited by applicable law, and any such lawful decompiling, reverse engineering, alteration, modifications, adaptations, etc., and all copyrights and moral rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of PointCentral and/or its licensors on creation). Any unauthorized use or use in excess of one’s authorized use terminates the limited license granted by PointCentral. In addition, PointCentral may revoke your limited license at any time at its sole and absolute discretion.
Limitation of Liability, Warranty, Dealer Independence
The Services are provided by PointCentral and the PointCentral providers and contractors (including PointCentral’s existing and future subsidiaries, affiliates, members, agents, servants, officers, directors, and licensors, collectively, the “PointCentral Providers”) without warranty and subject to the following limitations of liability: EXCEPT AS LIMITED BY LAW, THE LIABILITY OF THE POINTCENTRAL PROVIDERS FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN THE SERVICES OR TRANSMISSION OF THE SERVICES OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF THE POINTCENTRAL PROVIDERS TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATIONS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES OR $250.00. NONE OF THE POINTCENTRAL PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY MISTAKE, OMISSION, INTERRUPTION OR DEFECT THAT DOES NOT LAST FOR AT LEAST 24 HOURS. NONE OF THE POINTCENTRAL PROVIDERS SHALL BE LIABLE FOR ANY MISTAKE, OMISSION, INTERRUPTION, OR DEFECT IN THE SERVICES CAUSED BY THE NEGLIGENCE OR WILLFUL ACT OF THE DEALER, CONTRACTOR, SUBSCRIBER, PARTIES OTHER THAN THE POINTCENTRAL PROVIDERS, OR WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, PANDEMICS, GOVERNMENT AUTHORITIES, DEFAULT OF SUPPLIER, OR OTHER CAUSES BEYOND THE CONTROL OF THE POINTCENTRAL PROVIDERS, INCLUDING WITHOUT LIMITATION DEFECT IN OR FAILURE OF EQUIPMENT PROVIDED BY YOUR DEALER OR ANY PARTY OTHER THAN THE POINTCENTRAL PROVIDERS.
To the extent permitted by law, you agree that no lawsuit or any other legal proceeding connected with the Services shall be brought or filed by you more than one (1) year after the incident giving rise to the claim occurred. In addition, to the extent permitted by law, any such legal proceeding shall not be heard before a jury, and EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. To the extent permitted by law, you agree that you will not bring any class action lawsuit against THE POINTCENTRAL PROVIDERS or be a representative plaintiff or plaintiff class member in any such lawsuit.
POINTCENTRAL® is a registered service mark of PointCentral. Unauthorized use of any PointCentral trademark or logo, or those of any PointCentral Provider, may be a violation of federal and state trademark laws.
The Services are protected by U.S. and international copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Services, or individual sections of the content, design or layout of the Services or PointCentral logos without our express written permission.
PointCentral reserves the right to modify the Services, and the rules and regulations governing their use, at any time. Modifications will be posted on this web site, and users are deemed to be apprised of and bound by any changes to the Services. PointCentral may make changes in the products and/or services described on or used in the Services at any time.
From time to time, we may post links that will allow you to leave the User Interfaces and, in the future, we may offer links that will allow you to leave the Services. The linked sites are not under the control of PointCentral, and the content available on the sites linked to the Services do not necessarily reflect the opinion of PointCentral. PointCentral is providing these links as a convenience to you, and access to any other sites linked to the Services is at your own risk. PointCentral assumes no responsibility for the content of such linked sites. The inclusion of any link does not imply a recommendation or endorsement by PointCentral of the linked site.
You are responsible for maintaining the confidentiality of your login and password, and you are responsible for all uses of your login, password, and PINS, and any and all related charges, whether or not authorized by you.
The content accessed through the Services is intended to be a general information resource for the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted herein. You are encouraged to confirm the information contained herein with other sources. PointCentral is not engaged in rendering medical, investment, financial, tax, accounting, legal, engineering, or other professional services or advice. If you desire or need such services or advice, you should consult a professional. You should not construe PointCentral’s publication of this content as an endorsement by PointCentral of the views expressed herein, or any warranty or guarantee of any of these views, opinions or recommendations.
Your commercial dealings with advertisers, contractors and/or vendors found on or through the Services (each, a “Vendor”), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Vendor. You agree that PointCentral shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Vendors on the Services.
The Services are operated by PointCentral from its offices in the United States. PointCentral makes no representation that the information located on the Services is appropriate or available for use in other locations, and access to the Services from territories where the content of the Services may be illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on the Services will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding the application of its conflicts of law rules.
Violations and Additional Policies
PointCentral reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or phone number to the Services. PointCentral may terminate this Agreement and/or your access to the Services at any time for any reason or no reason.