Terms & Conditions
LAST UPDATED: JULY 24, 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, OR IN ANY WAY ACCESS OR USE THIS APPLICATION. BY DOWNLOADING, INSTALLING OR ACCESSING AND USING THIS APPLICATION OR ANY PORTION THEREOF, YOU AGREE WITH AND ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS.
This C by GE Mobile Application (the "Application") in conjunction with GE Lighting Connected Home product(s) capable of being supported by the Application (each a "Product") is licensed, not sold, to you or, if applicable, to you on behalf of the organization with whom you are affiliated and who authorized you to view and use the Application ("You"), by Consumer Lighting (U.S.) LLC, doing business as GE Lighting, a Savant company with offices at Nela Park, 1975 Noble Road, East Cleveland, Ohio 44112, Telephone: 1-844-30C-BYGE (1-844-302-2943), E-Mail: GELighting.PR@GE.com ("LIGHTING"). Your use of the Application is subject to the terms of this End User License Agreement (the "EULA"). You agree that You are the end user of the Application and You represent that You are of legal age and are authorized to enter into this EULA on behalf of Yourself and any party to whom You grant access to the Application. LIGHTING hereby reserves all rights not expressly granted to You and no license or right to use any trademark or other intellectual property of LIGHTING or any third party is granted to You in connection with the Product or Application. You do not acquire any intellectual property rights to the Product or Application. You acknowledge that this EULA is concluded between LIGHTING and You only, and not with any other entity, including but not limited to Apple, Amazon, Google, or other third parties whose products or services are integrated with any LIGHTING Product from time to time. The terms of this EULA will govern any upgrades provided by LIGHTING that replace and/or supplement prior versions of the Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In order to use the Application under this EULA in the same manner available to registered users of the Application, You must register and activate Your account from within the Application.
a. Scope of License. Subject to the terms of this EULA and full payment for the Product, during the term of this EULA, LIGHTING grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single compatible iOS or Android-based mobile device that You own or control and as permitted by the usage rules of said iOS or Android-based mobile device for the purposes of using the applicable Product for Your personal or commercial use. This license does not allow You to use the Application on any device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
b. Restrictions on Use. You may not: (i) rent, lease, lend, sell, redistribute, sublicense, transmit, host, outsource, disclose, or otherwise commercially exploit or make available to any third party the Application or any part thereof; (ii) copy, decompile, reverse engineer, disassemble, or attempt to derive or discover the source code, object code, underlying structure, ideas or algorithms of the Application or any documentation pertaining to the Application; (iii) modify, translate or create derivative works of the Application, any updates, or any part thereof; (iv) use the Application in any manner: (1) that violates any applicable laws, regulations or any provision of this EULA; or (2) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; or (v) overburden, disrupt or harm the Application or the systems, servers, or networks of LIGHTING, its affiliates, contractors, agents, subsidiaries, suppliers, or licensors in any unauthorized way. If You breach the restrictions noted in this section, this EULA shall terminate immediately without releasing You of any liability associated with such breach. LIGHTING and its licensors reserve the right to change, suspend, remove, or disable access to the Application, or to any features or portions of the Application at any time, for any reason (including for any violation by You of this EULA) and without notice. LIGHTING may also impose limits on the use of or access to the Application and certain Services (as hereinafter defined), in any case and without notice or liability. In no event will LIGHTING be liable for the removal or disabling of access to, or the limitation on the use of or access to, the Application.
c. Indemnification (applies to commercial use only). If You will be using the Product and the Application for commercial use, You represent, covenant, and warrant that You will use the Product and Application only in compliance with the terms and conditions of this EULA, related agreements, and all applicable laws and regulations (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity or defamation). You agree to indemnify, defend, and hold harmless LIGHTING, its principals, shareholders, officers, employees, affiliates, contractors, agents, subsidiaries, suppliers, and licensors against all claims, damages, losses, liabilities and expenses (including reasonable attorney fees) in connection with any claim or action that arises from a violation of this EULA or otherwise from the use or misuse of the Product or Application in violation of this EULA by You or any other user.
d. Software Updates. Your use of the Application is dependent upon the compatibility of Your personal electronic device, smart phone or tablet and Your download of LIGHTING updates. LIGHTING may update the Application from time to time, and You agree that such updates may be automatically installed without providing any additional notice or receiving any additional consent, and You hereby consent to such automatic updates. You acknowledge and agree that You may also be required to install updates to use the Product and the Application and You agree to promptly install any updates provided by LIGHTING. If You do not want to install any update, Your sole remedy is to stop using the Application. You further acknowledge and agree that LIGHTING may from time to time add new services and applications, and such future services and applications may not be supported by or available on Your Product and require that You purchase a more recent version of the Product.
e. Consent to Use of Data. You agree that LIGHTING may collect and use information associated with Your use of the Application and Products, including but not limited to technical information about Your device, system and application software, and peripherals, and the utilization of those things, that may be gathered periodically to, among other things, facilitate the provision to You of software updates, product support and other services (if any) related to the Application. LIGHTING may use this information in any manner, provided it is in a form that does not personally identify You, including: (i) making aggregate information publicly available, (ii) for creating, improving and modifying LIGHTING's products and services; (iii) for purposes of data gathering, analysis, service enhancement and marketing; and (iv) to the extent and in the manner required by applicable law. To the extent Your device, system or software applications, or peripherals are connected or interconnected to any third-party device, system or software application, or peripheral, the terms and conditions of such third party may apply.
g. Termination. The EULA and the license granted to You hereunder is effective on the date You first use the Application until terminated by You or LIGHTING. Your rights under this EULA will terminate automatically without notice from LIGHTING if You fail to comply with any term(s) or conditions of this End User License Agreement, or any related agreement. In addition, You or LIGHTING may terminate this EULA at any time and for any reason by providing notice to the non-terminating party. Upon termination of this End User License Agreement, You shall immediately: (1) cease all use of the Application; and (2) delete or destroy all copies, full or partial, of the Application.
h. Services; Third Party Materials. The Application may enable access to LIGHTING's and third party services and web sites (collectively, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You acknowledge that acceptance by You of any additional terms of service are Your sole responsibility and at Your sole risk. You are responsible for obtaining and maintaining any equipment, device, Wi-Fi and internet connections, third party software, upgrades and any other services needed to connect to, access or otherwise use the Application and You are responsible for all fees associated with such use and for compliance with any agreements related to such use. LIGHTING makes no guarantee that the Application will be compatible with all computers or handheld devices such as smart phones and tablets, Wi-Fi routers, or internet connections. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third-party web sites. By using the Services, You acknowledge and agree that LIGHTING is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. LIGHTING does not warrant or endorse, does not assume, and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, or property or environmental damage. Neither LIGHTING nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of data displayed by any Services.
i. Proprietary Content and Intellectual Property Rights. You agree that the Application, Services, and all intellectual property rights in and to the foregoing, belong to and are retained solely by LIGHTING (or LIGHTING's licensors, as applicable). You hereby grant to LIGHTING an irrevocable, perpetual, royalty-free, sublicensable, paid-up, worldwide, non-exclusive license to use in an unrestricted manner any and all feedback, suggestions and evaluations in any form provided by You in connection with the Application or Services.
j. NO WARRANTY; DISCLAIMERS. THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED UNDER QUEBEC LAW: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ("APPLICATION SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND LIGHTING HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF DURABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. LIGHTING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION OR ANY APPLICATION SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR ANY APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR ANY APPLICATION SERVICES WILL BE CORRECTED AND UNDER NO CIRCUMSTANCES WILL LIGHTING BE HELD LIABLE FOR ANY HARM RESULTING FROM USING THE APPLICATION OR ANY APPLICATION SERVICES, DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE APPLICATION OR ANY APPLICATION SERVICES, ANY DELAY OR FAILURE IN PERFORMANCE OF THE APPLICATION OR ANY APPLICATION SERVICES RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND LIGHTING'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. LIGHTING FURTHER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE APPLICATION OR ANY APPLICATION SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIGHTING OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR ANY APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
k. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LIGHTING, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, PERSONAL INJURY, DAMAGE TO ANY PERSONAL PROPERTY OR DAMAGE TO REAL PROPERTY ARISING UNDER THIS EULA OR OTHERWISE, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE PRODUCT OR ANY APPLICATION SERVICES, HOWEVER CAUSED REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BY BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE) AND EVEN IF LIGHTING, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIGHTING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST LIGHTING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
l. Updates to the EULA. LIGHTING may modify, update or supplement this EULA from time to time. In the event of a material change to this EULA, LIGHTING will notify you of these changes via the publicly available C by GE Website or the C by GE App and indicate at the top of the EULA or notification when the EULA was most recently updated. By continued use of the Application, You agree to any amended terms and conditions of modifications of this EULA (for Quebec residents, any such amendments will take effect 30 days following such notification by LIGHTING of the amended terms and conditions). In the event of any error, omission or other discrepancies between this EULA, including any amendments thereto, and the EULA made publicly available by LIGHTING on the C by GE Website, the terms of the latter shall prevail. You may not modify this EULA by making or attempting to make any changes to it for any purpose.
m. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern this license and Your use of the Application (except that in the case of use of the Application in Quebec by residents of Quebec, this license and Your use of the Application shall be governed by the laws of Quebec and the applicable federal laws of Canada). Your use of the Application may also be subject to other local, state, municipal, provincial, national, or international laws.
n. Assignment. You may not assign any of Your rights and obligations arising under this EULA, and You hereby acknowledge and agree that LIGHTING may assign any of its rights and obligations arising under this EULA, in whole or in part, in its sole discretion.
o. Severability. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision of this EULA will not affect any other provision and all such other provisions will remain in full force and effect. p. Survival. All sections of this EULA which by their nature should survive termination will survive termination, including, without limitation, restrictions on use, indemnification obligations, warranty disclaimers, and limitations of liability. q. No Waiver. No waiver by LIGHTING of any breach or any provision of this EULA shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of LIGHTING.