TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 12/12/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Control Chief Corporation,
also known as Control Chief, located at 200 Williams Street, 200 Williams Street , Bradford, Pennsylvania
16701 and our subsidiaries and affiliates, in association with the use of the Control Chief website, which
includes www.controlchief.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is information and products which has the following description:
To aid customers and potential customers in the discovery of information that can better help them add the
function of wireless control to their equipment.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Control Chief Corporation. At its discretion, Control Chief Corporation
may offer additional website Services and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. Control Chief Corporation does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as
the end user acknowledge, accept and agree that Control Chief Corporation shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, a#er such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this
Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all
terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must
stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS”
and as such Control Chief Corporation shall not assume any responsibility or obligation for the timeliness, missed
delivery, deletion and/or any failure to store user content, communication or personalization settings.
Every member’s registration data and various other personal information are strictly protected by the
As a member, you herein consent to the collection and use of
the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by Control Chief Corporation and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Control Chief Corporation shall not lay claim to ownership of any content submitted by any visitor or user,
nor make such content available for inclusion on our website Services. Therefore, you hereby grant and
allow for Control Chief Corporation the below listed worldwide, royalty-free and non-exclusive licenses, as
- The content submitted or made available for inclusion on the publicly accessible areas of Control
Chief Corporation’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Control Chief
Corporation’s sites, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Control Chief Corporation’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services are for the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Control Chief Corporation’s sites and shall terminate at such time when you elect to
discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of Control Chief Corporation’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas of Control Chief Corporation’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Control Chief Corporation provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and
- your contributions do not contain any type of confidential or proprietary information;
- Control Chief shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
- Control Chief shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of Control Chief; and
- Control Chief is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
All users herein agree to insure and hold Control Chief Corporation, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Control Chief Services or your connection with these Services, your violations of the
Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Control Chief’s sites.
Control Chief Corporation shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Control Chief
Corporation shall not be held responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Control Chief Corporation or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites
or resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that Control Chief Corporation shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
You do hereby acknowledge and agree that Control Chief Corporation’s Services and any essential software
that may be used in connection with our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by Control Chief Corporation or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on Control Chief Corporation Services (e.g. Content or Software), in whole or part.
Control Chief Corporation herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided by Control Chief
Corporation for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF CONTROL CHIEF CORPORATION SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS” AND/OR “AS AVAILABLE” BASIS. CONTROL CHIEF CORPORATION AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
- CONTROL CHIEF CORPORATION AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
CONTROL CHIEF CORPORATION SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) CONTROL CHIEF CORPORATION SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CONTROL CHIEF
CORPORATION SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF CONTROL CHIEF CORPORATION SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL
BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM CONTROL CHIEF CORPORATION OR BY WAY OF
OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CONTROL CHIEF
CORPORATION AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Control Chief Corporation (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is appropriate. Control Chief
Corporation’s content is provided primarily for informational purposes, and no content that shall be
provided or included in our Services is intended for trading or investing purposes. Control Chief
Corporation and our licensors shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted and/or made available by way of our Services, and shall not be responsible
or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
Control Chief Corporation may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
You herein acknowledge, understand and agree that all of the Control Chief Corporation trademarks,
copyright, trade name, service marks, and other Control Chief Corporation logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of Control
Chief Corporation. You herein agree not to display and/or use in any manner the Control Chief Corporation
logo or marks without obtaining Control Chief Corporation’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Control Chief Corporation will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, Control Chief
Corporation may disable and/or terminate the accounts of any user who violates our TOS and/or infringes
the rights of others. If you feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you
should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Control Chief Corporation Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Control Chief Corporation
Attn: Copyright Agent
200 Williams Street, 200 Williams Street
Bradford, Pennsylvania 16701
BE IT KNOWN, that Control Chief Corporation complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.controlchief.com.
This TOS constitutes the entire agreement between you and Control Chief Corporation and shall govern the
use of our Services, superseding any prior version of this TOS between you and us with respect to Control
Chief Corporation Services. You may also be subject to additional terms and conditions that may apply
when you use or purchase certain other Control Chief Corporation Services, affiliate Services, third-party
content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Control Chief Corporation with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Pennsylvania without regard to
its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Control Chief Corporation, shall be filed within
the courts having jurisdiction within the County of McKean, Pennsylvania or the U.S. District Court
located in said state. You and Control Chief Corporation agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Control Chief Corporation fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within One year(s) after
said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Control Chief Corporation as follows:
Control Chief Corporation
200 Williams Street, 200 Williams Street
Bradford, Pennsylvania 16701