Express Lift Company & Subsidiaries are trading names or wholly owned subsidiaries of Otis Elevator Company
Terms of Use
Introduction
Otis Elevator Company (Otis) offers a wide range of digital
enabled services through our products, maintenance service capabilities,
websites, applications, and social media pages (our “Services”). BY USING OUR
SERVICES YOU AGREE TO THE OTIS TERMS OF USE BELOW. PLEASE READ THEM CAREFULLY.
These Terms of Use shall govern to the extent that you have not otherwise entered into an application specific agreement with Otis Elevator Company that includes terms superseding, contradicting, expanding or limiting the these Terms of Use. In addition to these Terms of Use you shall abide by any policies or requirements made available to you in conjunction with the Services and all applicable local laws and regulations.
Limited License
Through these Terms of Use, Otis grants you a non-exclusive,
non-transferable, personal, limited right to access and use the Services and
attendant materials on your personal computing device or as otherwise agreed.
This authorization is not a transfer of title to the Services or attendant
materials and is subject to the following restrictions: (1) you must not misuse
or misappropriate any intellectual property and you shall respect copyrights
and other proprietary notices; (2) you may not modify the Services in any way
or reproduce or publicly display, perform or distribute or otherwise use the
Services or attendant materials for any public or commercial purpose, unless
specifically agreed in a separate writing; (3) you may not decompile, decipher,
disassemble, reverse engineer or otherwise attempt to access source code of the
Services or any content file, or other work; (4) you may not distribute,
publish, rent, lease, lend, transfer, sublicense, disclose or otherwise provide
the Services to any third party; and (5) you may not modify or create
derivative works of the Service either in whole or in part.
Reservation of Rights and Ownership
Otis, its parent or its suppliers own all right, title and
interest, including all intellectual property rights, in and to the Services
and attendant materials and reserve all right, title and interest, including
all intellectual property rights, in and to the Services and attendant
materials and including all rights not expressly granted to you. The Services
are protected by copyright and other intellectual property laws and treaties.
Disclaimer
Information presented on an Otis website and social media
sites is for informational purposes only. Otis provides content to websites and
social media sites on an "as is" basis and makes no representations
or warranties of any kind with respect to this site or its contents. Otis
disclaims all such representations and warranties, whether express or implied,
including, but not limited to, the warranties of merchantability and fitness
for a particular purpose. In addition, does not represent or warrant that the
information accessible via this site is accurate, complete or current.
Changes
Content in the Services is subject to change without notice.
Otis reserves the right to change or modify these Terms of Use at any time.
Such changes, modifications, additions, or deletions shall be effective
immediately upon notice or posting thereof. Otis may terminate, change, suspend
or discontinue any aspect of the Services, including the availability of any
features of a website, at any time. Otis may also impose limits on certain
features and services or restrict your access to parts of the site without
notice or liability.
Hyperlinks
Certain links provided through the Services may launch internet sites that are not under the control of Otis. Otis provides these outside links solely as a convenience to its Service users and the provision of any such link is not an endorsement by Otis of that site or any of the contents, products, or services contained or offered therein. Accordingly, Otis makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.
When registering for, ordering or purchasing products or services from any party which is linked to this site, you will be entering into an agreement with that third party and not with Otis. In these cases, you should review and understand the terms and conditions posted by such third party and its privacy policy before you register, order or purchase. Except and to the extent specifically stated herein, the privacy policy and terms of use stated by Otis herein will not apply to these third party sites. Otis is committed to linking with companies that share our privacy concerns. However, we cannot and do not control the way these parties use or collect information or operate their businesses.
When you link to another party's site, you should be aware
that those companies may use cookies or other means to collect information
about you and that the terms of Otis Global Privacy Policy will not apply.
Limitation of Liability
IN NO EVENT SHALL OTIS OR ANY OF ITS, PARENT, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, CONTRACTORS, SUPPLIERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY
DAMAGES (BE THEY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR
OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES, UNLESS
OTHERWISE EXPRESSLY AGREED IN WRITING AND PERSUANT TO A SEPARATE WRITTEN
CONTRACT CONCERNING THE PURCHASE BY YOU OF SERVICES CONTEMPLATED HEREIN. THIS
LIMITATION OF LIABILITY INCLUDES LIABILITY FOR, LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR DATA, DATA BREACH, OR LOSS OF GOODWILL,
LOSS OF OR DAMAGE TO PROPERTY, AND ANY CLAIMS MADE BY THIRD PARTIES ARISING OUT
OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THIS SITE OR ITS
CONTENTS OR ANY LINKED WEB SITE, REGARDLESS OF WHETHER OTIS HAS BEEN ADVISED, KNEW,
OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. MOREOVER, YOU SHALL INDEMNIFY
AND DEFEND OTIS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS AND OTHER
REPRESENTATIVES FROM ALL CLAIMS AND EXPENSES THAT ARISE OUT OF OR IN CONNECTION
WITH YOUR USE OF THE THIS SITE IN BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF
ANY LAWS OR REGULATIONS OF THE RIGHTS OF THIRD PARTIES.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE
PROVIDED AS IS WITH ALL FAULTS. OTIS AND ITS PARENT, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, CONTRACTORS, SUPPLIERS AND OTHER REPRESENTATIVES HEREBY DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED OR STATUTORY,
INCLUDING ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF
RESPONSES OR RESULTS WITH REGARD TO THE SERVICES. OTIS AND ITS PARENT,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, CONTRACTORS, SUPPLIERS AND OTHER
REPRESENTATIVES DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE
RISK ARISING OUT OF THE USE OF THE SERVICES REMAINS WITH YOU.
Specific Provisions Required by Mobile App Service Providers.
Apple Computer Mobile Device Users
- Acknowledgement: You acknowledge that these Terms of Use
are concluded between you and Otis only, and not with Apple. Licensor, not
Apple, is solely responsible for the Licensed Application and the content
thereof.
- Scope of License: You acknowledge that the license granted
herein for the Licensed Application is a limited non-transferable license to
use the Application on any iPhone or iPod touch that you own or control and as
permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: Licensor is solely responsible for
providing any maintenance and support services with respect to the Application,
as specified in the Terms of Use, or as required under applicable law. You
acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the Application.
- Warranty: Licensor shall be solely responsible for any
product warranties, whether express or implied by law, to the extent identified
herein and not effectively disclaimed. In the event of any failure of the
Application to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price, if any, for the Application to you. To
the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Licensor’s sole responsibility to
the extent identified herein.
- Product Claims: You acknowledge that Apple, is not
responsible for addressing any claims relating to the Application or the
end-user’s possession and/or use of that Application, including, but not
limited to: (i) product liability claims; (ii) any claim that the Application
fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the
event of any third party claim that the Application or your possession and use
of the Application infringes that third party’s intellectual property rights,
Licensor, not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim
to the extent not otherwise disclaimed herein.
- Legal Compliance: You represent and warrant that (i) you
not located in a country that is subject to a U.S. Government embargo or that
has been designated by the U.S. Government as a “terrorist supporting” country;
and (ii) you are not listed on any U.S., UK or EU Government list of prohibited or
restricted parties.
- Third Party Beneficiary: Licensor and you acknowledge and
agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of
these Terms of Use, and that, upon the your acceptance of the terms and
conditions of these Terms of Use, Apple will have the right (and will be deemed
to have accepted the right) to enforce these Terms of Use against you as a
third party beneficiary thereof.
Applicable Law
The laws of England shall govern the content and use of the Services, without giving effect
to any of the conflict of law principles or rules thereof.
Contact Otis
Otis Elevator Company
1 Carrier Place
Farmington CT
06034
Attn: Office of the
General Counsel