PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY (and all agreements incorporated herein by reference), as it is a legal agreement between you, the purchaser of ecobee product(s) (“Product” or “Products”) and ecobee Inc. (“ecobee”).
By checking the “I Agree” box and clicking on the “Submit Order” button to complete the purchase of ecobee Product(s), you hereby represent and agree that (i) you have read and agree to these ecobee terms and conditions of sale (“Standard Terms”) and you have full power and authority to execute this Agreement and bind Customer (as hereinafter defined); (ii) you acknowledge and agree that the ecobee web portal service (the “Service”) which will enable you to operate and manage the Product thermostat remotely and create and view energy performance reports, will require you to (a) register with ecobee at www.ecobee.com (the “Site”) and (b) agree to be bound by ecobee’s then current Terms of Service (provided by ecobee during the registration process); (iii) ecobee may, in accordance with the Standard Terms, on electronic receipt of the completed order form (“Order”) pre-authorize the specified charges on the credit card specified in the Order and process the charges to such credit card prior to shipment of the Products specified in the Order; and (iv) the credit card information provided is yours or you have direct and full permission from the cardholder to carry out this transaction. The Order and the Standard Terms, together with all other agreements referred to herein and hereby incorporated by reference, are together referred to as the “Agreement”. The Agreement shall be between ecobee, having its place of business at 250 University Avenue, Suite 400, Toronto, ON, M5H 3E5 Canada (phone contact details are provided below) and the person specified in the Order (“Customer”, “you”), having its principal place of residence or business at the address specified in the Order. The Agreement shall be effective as of the date Customer successfully submits the Order online to ecobee (“Effective Date”) on the Site. No variation of these Standard Terms shall be binding unless agreed in writing between ecobee and Customer. In consideration of the mutual covenants herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: