Terms
of Use
PLEASE READ CAREFULLY THESE TERMS OF USE, AS THEY CONSTITUTE A
BINDING LEGAL AGREEMENT BETWEEN YOU AND CONTROL4 CORPORATION
("CONTROL4"), AND GOVERN YOUR USE OF THIS WEBSITE AND THE INTERNET
AND APPLICATION SERVICES ACCESSED THROUGH CONTROL4. BY USING THE WEBSITE OR
SUCH SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF
YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU
HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF
OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE WITH THESE TERMS
OF USE, YOU MAY NOT ACCESS, REGISTER FOR OR USE THE WEBSITE OR THE SERVICES
ACCESSED THROUGH THE WEBSITE.
1. Introduction and Scope
Control4 Corporation ("Control4") sells hardware
products (the "Hardware") and software, either embedded in the
Hardware or distributed separately (the "Software" and together with
the Hardware, the "Control4 System"). Control4 also owns and operates
the websites located at www.control4.com, my.control4.com and other related Control4 web pages (the "Website"),
and provides access to certain internet and software application services
related to the use and operation of Control4 Systems (the
"Services").
These Terms of Use, together with the Control4 privacy policy,
located at http://www.control4.com/legal/?show=privacy_policy ("Privacy Policy"), form a binding legal agreement
between you and Control4 (the "Agreement") that sets forth the terms
and conditions under which Control4 agrees to make the Website and the Services
available to you and which govern your use of the Website and the Services
provided to you.
For the avoidance of doubt, the Control4 End User License
Agreement between you and Control4 (the "EULA") sets forth the terms
and conditions that apply to your use of any Software, and the Control4 Limited
Warranty provided with your Hardware (the "Warranty") sets forth the
terms of the limited warranty that applies to the Hardware. A copy of the
Warranty is available at www.control4.com/legal/warranty, and a copy of the EULA is available at www.control4.com/legal/eula.
Control4 may, in its sole discretion and without prior notice to
you, add, delete or otherwise change the provisions of these Terms by posting
on the Website a version of these Terms containing such changes. You should
periodically check the Website for the most current version of these Terms. If
you are dissatisfied with any such changes to these Terms, your sole recourse
will be to cease use of the Website and the Services or any portion thereof, in
accordance with Section 10 below.
2. Services
The features and functions of the Services are described in more
detail in the applicable Control4 user documentation and guidelines available
elsewhere on the Website. The Services include any additional features and
functionality that Control4 may, in its sole discretion and from time to time,
offer to you. Control4 may, in its sole discretion and without notice to you,
add, delete or otherwise change features and functions of the Services at any
time. If you are dissatisfied with any such changes to the Services, you may
immediately cancel your use of such Services as provided in Section 10 below.
3. Eligibility and Registration
You may subscribe to the Services only if you have the legal
capacity to form a binding contract with Control4. In particular, if you are
under eighteen (18) years of age, you may not register to use the Services, and
must have someone in your household who is at least eighteen (18) years of age
register to use the Services. You may not use the Services if Control4 has
previously prohibited you from use of the Website and/or the Services.
You are required to register your Control4 System in order to
use the Services. Use of the Services requires that your Control4 System be
connected to an always-on, broadband Internet connection. During the
registration process you may be asked to provide certain information (the
"User Information") to Control4 such as: (a) your full name; (b) your
mailing address; and (c) your e-mail address. You agree to provide accurate and
complete User Information during the registration process. User Information
shall also include any data collected by Control4 from time to time on the
installation, settings and use of your Control4 System, including information
obtained for use in data analytics or software development and maintenance
services. Control4 respects the privacy of your User Information and will treat
User Information in accordance with the Privacy Policy. You have the right to
update your User Information, or if you would like to withdraw your consent to
the collection, storage and use of your User Information, you may immediately
cancel your use of the Services at any time as provided in Section 10 below.
4. License Rights and Use
Restrictions
(a) Access and Use. Subject to the terms and conditions of this
Agreement, any applicable limitations on the number of devices and payment of
any applicable fees, Control4 grants you a non-transferable, non-exclusive,
right (without the right to sublicense) to access and use the Services as
provided to you by Control4 and solely for the purpose of controlling and
monitoring your Control4 System (the "Permitted Purpose").
(b) Certain Restrictions. Your use of the Services is subject to
the following restrictions: you agree (i) not to license, sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit the
Services; (ii) not to modify, make derivative works of, disassemble, reverse
compile, or reverse engineer any part of the Services; (iii) not to access the
Services in order to build a similar or competitive service, (iv) not to use
the Services for any unlawful purpose, or for any purpose other than the
Permitted Purpose; (v) that no part of the Services may be copied, reproduced,
distributed, republished, downloaded, displayed, posted, or transmitted in any
form or by any means; (vi) not to upload, transmit, or distribute any computer
viruses, worms, or any software intended to damage or alter a computer or
communication network, computer, handheld mobile device, data, the Website, the
Services, the Hardware, the Software, or any other system, device or property;
(vii) not to interfere with, disrupt, or attempt to gain unauthorized access
to, the servers or networks connected to the Website or the Services, or
violate the regulations, policies, or procedures of such networks; (viii) not
to access (or attempt to access) any of the Services by means other than
through the interface that is provided by Control4; and (ix) not to remove,
obscure or alter any proprietary rights notices (including copyrights and
trademark notices) which may be contained in or displayed in connection with
the Website or the Services.
(c) IN ADDITION, IN NO EVENT DOES CONTROL4 AUTHORIZE YOU OR
ANYONE ELSE TO USE THE SERVICES WHERE THE FAILURE OF THE SERVICES TO PERFORM
CAN REASONABLY BE EXPECTED TO RESULT IN SIGNIFICANT PHYSICAL INJURY, OR IN LOSS
OR PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND
YOU AGREE TO INDEMNIFY AND HOLD CONTROL4 HARMLESS FROM ANY AND ALL CLAIMS OR
LOSSES RELATING TO SUCH UNAUTHORIZED USE.
(d) Modification. Control4 reserves the right, at any time, to
modify, suspend, or discontinue the Services or any part thereof, with or
without notice. You agree that Control4 will not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Services
or any part thereof.
5. Third-Party Content
The Services may give you the ability to access content, such as
music or video services, television or other material, controlled or provided
by third parties ("Third-Party Content"). You understand and
acknowledge that: (a) Third-Party Content remains the property of the
applicable third parties, who have the sole right to determine your rights to
use such content; (b) Control4 is not responsible for, and has no editorial
control over, any Third-Party Content, and Control4 does not sponsor or endorse
any such content; and (c) Control4 has no control over the distribution of
Third-Party Content. You agree that Control4 will have no liability to you or
to any third parties, including without limitation to anyone else who uses your
Control4 System, related to or arising out of to any Third-Party Content. You
also agree that neither the Services will not be used to illegally copy,
display or otherwise make use of Third-Party Content without authorization from
the appropriate rights holder or in violation of applicable law. Unauthorized
copying or distribution of copyrighted or trademarks may constitute an
infringement of the copyright or trademark holders' intellectual property
rights. In addition, steps intended to defeat or bypass security measures
designed to prevent infringement of the intellectual property rights of others
may be illegal under U.S. law or comparable foreign laws. Control4 reserves the
right to terminate your right to access and use the Services and delete your
account if Control4 believes in good faith that you have used the Services or
your Control4 System to infringe upon the intellectual property rights of
others.
6. Subscription Fees and Payment;
Taxes
(a) Subscription Fees. Access to the Services is provided on a
subscription basis and requires the payment of a subscription fee
("Subscription Fee"). You agree to pay any applicable Subscription
Fee charged by Control4 in advance. Initial subscriptions are for a period of
one (1) year following the activation of your account. If for any reason you
need to reactivate a subscription, you may be charged a reactivation fee. If
you register for the Services under a promotional Subscription Fee, some
additional restrictions and limitations may apply.
(b) Payment. Access to your account will not be permitted until
Control4 has verified that the credit card information is accurate and that
your credit card account is in good standing. If you choose a subscription
option with recurring payments, you agree that Control4 may automatically
charge the subscription fee to your credit or charge card at the beginning of each
billing period. Control4 reserves the right to suspend or terminate your access
to the Services without notifying you upon rejection of any credit card charges
or if your card issuer (or its agent or affiliate) seeks return of payments
previously made to Control4 for the Services. Such rights are in addition to
and not in lieu of any other legal right or remedies available to Control4.
Control4 reserves the right to refer your account to a third party for
collection in the event of an ongoing default, and you agree to reimburse
Control4 for any costs incurred by Control4 in the collection of amounts that
are past due, including for any reasonable attorneys' fees and court costs.
(c) Changes in Subscription Fees. Control4 may, in its sole
discretion, change fees from time to time and charge additional fees for any
features and functionalities that are not a part of the initial Services
covered by a Subscription Fee. Control4 will use commercially reasonable
efforts to notify you (by email or such other method reasonably selected by
Control4) thirty (30) days in advance of any fee changes or new fees.
(d) Taxes. The amounts payable by you to Control4 hereunder are
exclusive of any applicable sales, use, value added, excise or similar taxes
that may apply to the transactions contemplated hereunder. Any such taxes shall
be your responsibility and you agree to pay to Control4 any such taxes that
Control4 is required to collect under applicable law.
7. Internet Service Provider Charges
Access to and use of the Services requires the use of, and you
are responsible for, an always-on broadband Internet connection. Control4 is
not responsible for and does not make any assurances about the availability or
functionality of any broadband Internet connection. Network protection for your
Internet connection is strongly advised to protect your Control4 System against
viruses and other types of harm. You are responsible for any service charges
for your Internet connection incurred as a result of using or accessing the
Website and/or the Services and acknowledge and agree that you shall be solely
responsible for all disputes with any Internet service provider related to the
same.
8. Certain of Your Representations
and Warranties to Control4
You represent and warrant to Control4 that: (a) you are at least
eighteen (18) years of age and are competent, and have the authority, to enter
into this Agreement; (b) you have provided or will provide Control4 with User
Information that is correct and complete; (c) you will not use the Services in
violation of any applicable laws, regulations, or ordinances or for any illegal
or unauthorized activities; (d) you take full responsibility for the actions of
anyone to whom you disclose your password or login ID or whom you otherwise
allow to access your account; and (e) you will never circumvent, compromise,
nor attempt to circumvent or compromise any Control4 security measures in
connection with the Services.
9. Dealers Are Independent
Contractors, Not Agents of Control4
You are required to purchase your Control4 System from an
authorized Control4 dealer or distributor ("Dealer") in your area of
your choice. While such Dealers receive training regarding Control4 Systems,
Dealers are independent contractors and service providers, and not employees or
agents of Control4. Accordingly, (i) Control4 makes no representations or
warranties with respect to Dealers or their services and is in no way
responsible for their acts or omissions, and (ii) Dealers have no right to bind
Control4 legally or otherwise make commitments on behalf of Control4. You are
solely responsible to select a competent Dealer that meets your expectations.
Such Dealer may offer additional installation, configuration or ongoing
maintenance services. Any disputes, which may arise between you and your
Dealer, are to be resolved between you and your Dealer.
10. Term and Termination
These Terms will remain in full force and effect so long as you
continue to use or access the Website and/or the Services, or until terminated
in accordance with the provisions of this section. You may terminate your
account and your right to use the Services for any reason, at any time. Your
access to the Services and your account will be terminated upon your written or
emailed request and any unused Subscription Fees that you have paid are
nonrefundable. At any time Control4 may suspend or terminate your rights to use
the Services, if Control4 in good faith believes that you have used the
Services in violation of this Agreement. If you transfer or assign your
Control4 System or any portion thereof to a new owner, your right to use the
Services with respect to such products automatically terminates, and the new
owner will have no right to use the Services under your account (as described
below), and will be required to register for a separate account with Control4.
In addition, Control4 reserves the right to terminate your Services account and
this Agreement for any reason or no reason, if Control4 gives you at least
thirty (30) days advance notice of such termination. Upon any such termination
of your account by Control4, you will remain obligated to pay all outstanding
fees and charges relating to your use of the Services prior to termination, but
Control4 will return any unused Subscription Fees that you have paid if Your
account is terminated for any reason other than Your breach of this Agreement.
11. Ownership
You acknowledge that all right title and interest in and to the
Services, including all intellectual property rights therein and thereto,
remain the exclusive property of Control4 and its licensors, and this Agreement
grants to you no right or interest therein other than the limited rights
expressly set forth herein, and Control4 and its licensors and suppliers
reserve all rights not granted in this Agreement.
12. Your Indemnification of Control4
You agree to defend, indemnify and hold harmless Control4, and
its officers, directors, employees, consultants, agents, and other
representatives, from and against any and all suits, claims, actions,
proceedings, damages, demands, injuries, liabilities, losses, costs and
expenses (including reasonable attorneys' fees), arising from or related to:
(a) your negligence or willful misconduct; (b) your use of the Services; (c)
your breach of any of your representations, warranties, obligations, or
covenants in this Agreement; and (d) your use of Third-Party Content.
13. Warranty Disclaimers
(a) THE WEBSITE AND THE SERVICES ARE PROVIDED FOR YOUR
CONVENIENCE, ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT WARRANTY OF ANY KIND, AND CONTROL4 AND ITS LICENSORS AND SUPPLIERS
EXPRESSLY DISCLAIM, TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTROL4
AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED
OR THAT THE WEBSITE OR THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL
BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON
AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE
OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CONTROL4, ANY DEALER OR THROUGH THE WEBSITE OR THE SERVICES SHALL CREATE
ANY WARRANTY WITH RESPECT TO THE WEBSITE OR THE SERVICES. FURTHER, CONTROL4
DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES OR THE CONTROL4 SERVERS THAT
PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ASSUME THE ENTIRE RISK WITH RESPECT TO YOUR USE OF THE
SERVICES. FURTHERMORE, CONTROL4 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY PROFESSIONAL SERVICES PERFORMED BY ANY CONTROL4 DEALERS.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL CONTROL4 OR ANY OF ITS SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY: (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, ARISING FROM OR RELATED TO CONTROL4'S PERFORMANCE OR FAILURE TO
PERFORM IN ACCORDANCE WITH THIS AGREEMENT, OR YOUR USE OF THE WEBSITE AND/OR
THE SERVICES, OR THE OPERATION OR USE OF THE SERVICES OR YOUR CONTROL4 SYSTEM
THROUGH YOUR ACCOUNT BY ANYONE ELSE, INCLUDING WITHOUT LIMITATION DAMAGES
ARISING FROM LOSS OF DATA, PROGRAMMING OR THIRD PARTY CONTENT, LOSS OF REVENUE
OR PROFITS, OR FOR BUSINESS INTERRUPTION; (B) FAILURE TO REALIZE SAVINGS OR
OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD
PERSON; (C) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY
CONTROL4 TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND
CONTROL4'S REASONABLE CONTROL; OR (D) CLAIMS MADE A SUBJECT OF A LEGAL
PROCEEDING AGAINST CONTROL4 MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION
FIRST AROSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CONTROL4'S
AND ITS SUPPLIERS' TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR
USE OF THE WEBSITE AND/OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR
OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO CONTROL4 OR
CONTROL4'S AUTHORIZED RESELLER FOR THE SERVICES GIVING RISE TO LIABILITY IN THE
SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY. YOU
AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS
SECTION 14 APPLY WHETHER A CLAIM IS ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS
CONDUCT, INCLUDING NEGLIGENCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT THE FOREGOING EXCLUSIONS AND
LIMITATIONS OF LIABILITY ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE
PARTIES, FORM A MATERIAL PART OF THIS AGREEMENT, AND WILL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY LIMITED REMEDY PROVIDED TO YOU
FAILS IN ITS ESSENTIAL PURPOSE.
15. Exclusions
Some jurisdictions do not allow the exclusion of implied
warranties or the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you. This
Agreement gives you specific legal rights, and you may also have other rights,
which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and
limitations of liability under this Agreement will not apply to the extent
prohibited by applicable law.
16. Forward-Looking Statements
This website contains express or implied forward-looking
statements, which are based on current expectations of management. These
statements relate to, among other things, our expectations regarding
management's plans, objectives, and strategies. These statements are neither
promises nor guarantees, but are subject to a variety of risks and
uncertainties, many of which are beyond our control, and which could cause
actual results to differ materially from those contemplated in these
forward-looking statements. In particular, the risks and uncertainties include,
among other things: changing market conditions, the introduction of new
competitive products, challenges related to changing technologies, supply chain
disruptions, unanticipated defects or deficiencies in the hardware, software or
related services or changes in governmental regulations or requirements.
Control4 assumes no obligation to update any forward-looking statements
contained on the Website in the event of changing circumstances or otherwise,
and such statements are current only as of the date they are made.
17. Updates
Control4 may make improvements and/or changes to this Website at
any time. Although we attempt to periodically update information on this
website, the information, materials and services provided on or through this
Website may occasionally be inaccurate, incomplete or out of date. Control4
does not have a duty to update information contained in this Website, and
Control4 will not be liable for any failure to update such information. We make
no representation as to the completeness, accuracy or currentness of any
information on this Website, and we undertake no obligation to update or revise
the information contained on this Website, whether as a result of new
information, future events or circumstances or otherwise. It is your
responsibility to verify any information contained in this Website before
relying upon it.
18. Governing Law and Jurisdiction;
Waiver of Jury Trial
This Agreement and any claims arising hereunder will be governed
by the laws of the State of Utah, excluding principles of conflict or choice of
law. The United Nations Convention on Contracts for the International Sale of
Goods does not apply to these Terms. To the extent permitted by applicable law,
you and Control4 hereby irrevocably submit to the jurisdiction of any Utah
state court or United States federal court, in either case sitting in Utah over
any suit, action or other proceeding brought by you, a third party, or Control4
arising out of or relating to these Terms, and you and Control4 hereby
irrevocably agree that all claims with respect to any such suit, action or
other proceeding shall be heard and determined in such courts. THE PARTIES
HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY
CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR
IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, AND/OR
THE RELATIONSHIP THAT IS BEING ESTABLISHED AMONG THEM. The scope of this waiver
is intended to be all encompassing of any and all disputes that may be filed in
any court or other tribunal (including, without limitation, contract claims,
tort claims, breach of duty claims, and all other common law and statutory
claims). THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER
ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS,
RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT, AND RELATED DOCUMENTS,
OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THIS TRANSACTION OR ANY
RELATED TRANSACTION. In the event of litigation, this Agreement may be filed as
a written consent to a trial by the court.
19. Miscellaneous
This Agreement represents the entire agreement between you and
Control4 with respect to your use, and Control4's provision, of the Website and
the Services, and its terms supersede and replace any prior or contemporaneous
written or oral statements by Control4 or its representatives, dealers, or
resellers. If any provision of this Agreement is held by a court to be invalid
or unenforceable under applicable law, such provision will be deemed modified
to the extent necessary to render such provision valid and enforceable, and the
other provisions of this Agreement will remain in full force and effect. The
official text of this Agreement or notice submitted hereunder shall be in
English. In the event of any dispute concerning the construction or meaning of
this Agreement, reference shall be made only to this Agreement as written in
English and not to any translation into another language, and this Agreement
will not be construed against the drafting party. You may not amend this
Agreement except in a writing signed by Control4. You may not assign,
sublicense or transfer any of your rights and obligations under this Agreement
to a third party without Control4's prior written consent. Any attempted
assignment, sublicense, or transfer without the prior written consent of
Control4 shall be null and void. Control4's failure to enforce any of the terms
of the terms and conditions of this Agreement shall not constitute a waiver or
relinquishment of Control4's right to do so at any time. Sections 4(b), 6, 10,
and 12 - 17 shall survive any termination or expiration of this Agreement.
Copyright 2003-2015 Control4 Corporation. All rights reserved.
All trademarks, logos, trade names and service marks ("Marks")
displayed on the Website or the Services are the property of Control4 or of
their respective holders. You are not permitted to use any of the Marks without
the applicable prior written consent of Control4 or such respective holders.
Control4 reserves the right to alter product and services offerings,
specifications, and pricing at any time without notice, and is not responsible
for typographical or graphical errors that may appear in this or in related
documents.
Last updated: February 24, 2015