Terms of Use

These Terms of Use were last updated on May 12, 2006.

Acceptance of Terms
The BACnet Comparison Tool (“Tool”) is operated by Delta Controls Inc. (“Delta”). The Tool is provided to you subject to the following terms and conditions (the “Terms of Use”). Please read these Terms of Use carefully and completely as they form an agreement between you and Delta and include important disclaimers that affect your rights.

Changes to these Terms of Use and the Tool
Delta reserves the right to make changes to these Terms of Use, effective when posted, and the right to change any aspect of the Tool including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to you.

Privacy Policy
Delta collects, uses, and discloses your personal information, as defined under applicable laws, as follows. Use of the Tool requires users to give us contact information (such as name and email address) or permit the collection of other information, through the use of cookies and your IP address, that is used by Delta to provide the services offered by this Tool. Delta will not share, disclose or use this information for any purpose other than maintaining this Tool unless legally required to do so. Delta protects against the loss, misuse and alteration of personal information with security measures appropriate to the sensitivity of the information. However, it is possible that any information transmitted via the Internet may be intercepted by unknown third parties.

Delta collects, uses, and discloses your personal information in accordance with the Privacy Policy of Delta (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms of Use and is available at www.deltacontrols.com. By providing information to Delta, you consent to the use of such information in accordance with the Privacy Policy.

Use of the Tool
This Tool is solely for the informational benefit of users authorized by Delta. You may view and print out web pages from the Tool for personal use, provided that you maintain all copyright notices, but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue information or material from the Tool, except as expressly permitted by Delta or these Terms of Use. You may not engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of aggregating, analysing, or republishing any content of the Tool, and you may not use contact information regarding individuals or businesses that is provided on the Tool other than for the purposes for which such information is provided. You may not use the Tool to engage in any unlawful activity or to infringe the rights of Delta, its affiliates or others. You further agree that you will not (i) interfere with the operation of the Tool in any way or (ii) impersonate any person or entity on the Tool or through the Tool. You agree to keep any passwords granted to you by Delta for use of the Tool confidential and to take full responsibility for use of such passwords. You may not permit anyone who is not authorized by Delta to access or use the Tool.

Termination of Access
If you use the Tool in any manner that is prohibited by these Terms of Use, Delta may without notice terminate your use of the Tool or your access to the Tool at any time.

Intellectual Property
The copyright to the Tool, the design and appearance of the Tool, and all of the materials and content on the Tool are owned by or licensed to Delta. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction or distribution of material, including by caching, framing, scraping, or similar means, from the Tool (except as permitted herein) without written permission of Delta is expressly prohibited. Delta and related marks and designs are registered or unregistered trade-marks of Delta or its affiliates or associates. Other service and product marks that appear on the Tool are the trade-marks of their respective owners. The display of any trade-marks on the Tool does not imply that a license has been granted for any further use.

No Endorsement
Any mention of another party or its product or service on the Tool is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services.

No Contract or Offer
No part of the Tool should be taken to constitute an offer or solicitation to buy or sell products or services. Except for your agreement to abide by these Terms of Use, use of the Tool does not create any contract or agreement between you and Delta, nor any obligation of Delta to you.

No Warranties
Information provided on the Tool by Delta is believed to be reliable when posted. HOWEVER, DELTA DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED. INFORMATION CONTAINED ON THE TOOL MAY CONTAIN ERRORS. ACCESS TO THE TOOL IS PROVIDED ON AN "AS IS" BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE TOOL WILL BE ERROR FREE OR THAT THE TOOL WILL OPERATE WITHOUT INTERRUPTION. DELTA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING USE OF THE TOOL OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

No Liability
DELTA IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE TOOL OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE TOOL, INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DELTA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

Indemnity
You hereby agree to indemnify, defend and hold harmless Delta and the partners, members, shareholders, officers, directors, employees, consultants and agents of Delta, from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Tool, your violation of these Terms of Use, or your infringement of any intellectual property or other right of Delta or any person or entity.

Jurisdiction
These Terms of Use and your use of the Tool shall be governed by and interpreted in accordance with the laws of British Columbia, excluding rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of British Columbia shall have the non-exclusive jurisdiction to hear any matter arising in connection with these Terms of Use.

Entire Agreement:
These Terms of Use constitute the entire agreement between the parties with respect to the Tool. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the Tool.




By clicking “Accept” you are accepting and agreeing the BACnet Comparison Tool (“Tool”) is solely for informational benefit of users authorized by Delta. If you use the Tool in any manner that is prohibited by these Terms of Use, Delta may without notice terminate your use of the Tool or your access to the Tool at any time.