HVAC Sellutions License and Services Agreement
This Site (the "Site", “Service”, and “HVACSellutions.com”) is provided by HVAC Sellutions. Customer and its agents ("Customer”, “Authorized User” and “you”) are deemed to have agreed to these Terms and Conditions. The Services (as defined below) provided to you through this Site include Services provided on HVACSeelutions.com. You can click here to review the most current version of these Terms and Conditions at any time.
The following are terms of a Legal License and User Agreement ("Agreement") between you (“Customer”) and HVAC Sellutions. Please read these terms and conditions of use carefully. By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
Licenses and Restrictions.
HVAC Sellutions grants a license to Customer to use the Service under the terms and conditions of this Service Agreement. No right or license shall be granted, implied construed as conferring by implication by estoppels or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of HVAC Sellutions or third parties other than the rights and licenses expressly granted in this Agreement. License, Agreement and Rights of Use apply to the Customer and the company he/she represents.
Customer, on behalf of the company you represent at the time you sign up for membership represent that materials from site or services will only used in the sole company that Customer represents as an employee for your exclusive internal company use as long as Customer is a member in good standing with that company during the term of your membership. Should you terminate employment, but continue as a Site member, you are expressly liable for notifying your former employer that their rights to use materials from this site are prohibited.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement shall be construed to constitute a grant, transfer, assignment, or license by HVAC Sellutions to Customer of HVAC Sellutions property, including, without limitation, property interests in HVAC Sellutions trademarks, service marks, trade names, inventions, technology, patents, or copyrights. Unless otherwise agreed by the Parties, Customer agrees to use the Service for its own use only and will not resell the Service to a third party, or allow others to use the Service.
This Agreement contains the terms and conditions that apply to the Customer(s)/Member(s)/Client(s) (known as Customer(s)), user(s) of the HVAC Sellutions, (as defined below) on this Site unless otherwise stated herein. Please read these terms and conditions carefully.
By clicking on the I ACCEPT button, you acknowledge that you have agreed to all of the terms of this Agreement and that you have agreed to become a party to, and legally bound by, this Agreement. If you do not agree to all of the terms of this Agreement, click on the I DECLINE button. You will not be able to use the secured area of the site if you click on the I DECLINE button.
This Agreement describes the terms and conditions applicable to your use of the Service at HVAC Sellutions through our Site. Some terms of this Agreement may be incorporated by reference by way of hyperlink(s) that may be viewed by clicking on respective hyperlink(s). If you have any questions regarding this Agreement, please contact firstname.lastname@example.org. This Agreement was last revised on February 23, 2007.
This site is controlled and operated by HVAC Sellutions from its offices within the United States. HVAC Sellutions makes no representation that materials contained in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so of their own initiative and are responsible for compliance with applicable local laws. User within the United States are solely responsible and liable for ensuring content meets all federal, state and local laws and regulations. Check with your attorney before using any materials from this site or rendered during onsite visits or seminars/events.
These terms of access apply exclusively to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with HVAC Sellutions for products, services or otherwise. Further, if you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
STANDARD TERMS AND CONDITIONS
The following Standard Terms and Conditions apply to and are a part of the Agreement between HVAC Sellutions and Customer. No purchase order or other documentation of Customer pertaining to the Agreement or the Service covered thereby shall modify, contradict or otherwise change these Standard Terms and Conditions or the other provisions of the Agreement.
In the event of any inconsistency, these Standard Terms and Conditions and the other provisions of the Agreement and Site Administrative Documents shall control. When referred to individually, HVAC Sellutions and Customer may each be referred to herein as a "Party" and collectively as the "Parties."
The public areas of the site can be viewed without restriction, registration or membership access.
However, due to the proprietary information contained on this site and the intellectual property rights of HVAC Sellutions and those extended to it by third parties we require all site visitors to register their name, company name and a valid email address to ensure visitor validity and to protect rights of members and site contributors.
Should you wish to access the secured member content you will need to become a paying member, at which time you will be requested to provide more detailed billing information and be required to select a username and password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify HVACSellutions.com in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the HVACSellutions.com Services. HVAC Sellutions is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. Only authorized users are eligible to participate in certain Services offered on the Site.
Scope of the Service:
- Subject to Customer acceptance of the Agreement, HVAC Sellutions agrees to provide the Service to Customer under the terms and conditions of the Agreement.
- Term and Termination.
This Agreement shall commence as of the Effective date or initial purchase and shall continue thereafter unless terminated by either Party on thirty (30) days prior written notice. Notwithstanding the foregoing, either Party may terminate this Agreement immediately in the event of a breach or a threatened breach of this Agreement by the other Party and HVAC Sellutions shall have the right to immediately terminate this Agreement in the event that HVAC Sellutions determines, in its sole discretion, to suspend offering the Service to Customer.
The provisions of the Agreement, and other Site Administrative Documents, that by their nature survive termination will survive, but in all other respects the obligations of the Parties created by the Agreement will cease upon termination of the Agreement. Customer agrees that it will not be entitled to receive any compensation, damages, or indemnification of any sort arising out of termination of the Agreement in accordance with its terms and forfeits rights to use any materials downloaded from the Site via its membership, but maintains full license rights to use those materials in accordance with agreements for which a specific price was paid for a designated product, and for which the Customer has substantiated documentation evidencing such a purchased.
- Access to the System.
In order to access the Service, the customer and any sub-accounts designated use under the primary account shall specify a user name (the Login ID) and password (the Password) for security purposes as part of the sign-on procedure.
Customer shall take such actions as are necessary in order for it to maintain the confidentiality of, and in order to prevent the unauthorized use of, each Logon ID and Password for all accounts. It is Customer's responsibility to ensure that any Logon ID and Password is known only to users authorized by Customer (the "Authorized Users"). Customer agrees to notify HVAC Sellutions immediately in the event that Customer has determined, or has reason to believe, that any other unauthorized party has gained access to a Logon ID or Password.
Customer hereby authorizes HVAC Sellutions and any party claiming through HVAC Sellutions to rely upon any information entered by Customer or its Authorized Users in connection with the use of the Services and/or instructions set forth in any data transmission using the Logon ID or Password, without making further investigation or inquiry, and regardless of the actual identity of the individual transmitting the same, in connection with the use of the Services.
Customer shall indemnify and hold harmless HVAC Sellutions from any and all consequential, incidental, special or indirect damages (including lost revenue, profits, customers, employees, and time) resulting from, arising out of or relating to the use of Customer’s or its Authorized Users Logon ID(s) and Password(s), whether authorized or unauthorized.
Duties and Responsibilities of Customers/Members/Clients (Customers)
- Unless otherwise provided in the Agreement, Customer shall, at its own expense, provide all necessary programs and equipment required to use and comply with HVAC Sellutions Site and specifications for the Service.
- It is fully Customer’s responsibility to safely maintain the Login ID and Password. HVAC Sellutions shall bear no liability for any losses incurred by Customer due to use of the Login ID and Password by other than Authorized Users, by Authorized Users or for any other reason whatsoever.
- Customer shall not, nor shall it permit or assist others to: (1) use the Service for any unlawful purpose or for any purpose other than that for which it is intended; (2) fail to maintain any equipment it provides in accordance with either HVAC Sellutions, or the relevant equipment manufacturer's, specifications; or (3) alter, tamper with, adjust, or repair the Service.
- Customer shall not, nor shall it permit or assist others to, abuse or fraudulently use the Service, including, but not limited to, the following circumstances: (1) obtaining or attempting to obtain Service by any means or device with intent to avoid payment; (2) unauthorized access, misappropriation, alteration, destruction, or any attempt thereof; (3) using the Service so as to interfere with the use of the HVAC Sellutions network by other customers or authorized users, or in violation of the law, or in aid of any unlawful act; or (4) using the Service in a manner which, in the sole opinion of HVAC Sellutions, is not in accordance with the generally accepted rules of Internet or other pertinent conduct and etiquette as may be reasonably adopted and interpreted by HVAC Sellutions.
- Upon the occurrence of any violations of Customer's commitments under this Section, HVAC Sellutions shall be completely released from any liability or obligation (including any warranty or indemnity obligations) to Customer relative to the Service and may suspend its performance and/or terminate the Service Agreement, and Customer shall be liable to HVAC Sellutions for costs or damages incurred by HVAC Sellutions resulting thereof. Further, HVAC Sellutions may, without further notice, and in addition to all other remedies, suspend its performance and/or terminate the Service Agreement with no further obligation to Customer.
- Customer agrees to execute and abide by the terms and conditions of any license agreement (a copy of which resides on the site) designed to protect intellectual property rights in any aspects of the Service or Software as may be required from time to time by HVAC Sellutions or by its licensors. Termination of any of such license agreements by HVAC Sellutions or the licensor in respect of Customer or otherwise may result in immediate termination of the Service Agreement by HVAC Sellutions.
- Customer hereby represents, warrants and covenants to HVAC Sellutions that the encoding, storage, transmission, retransmission, and all copying contemplated by this Agreement or necessary to effectuate these activities, and HVAC Sellutions exercise of any other rights granted by Customer herein, will not violate or infringe any right of privacy or publicity, any copyright, trademark, moral right or other intellectual property right, or any other right of any third party.
- Customer warrants and represents that it has the legal right to possess, use or view any and all electronic data it transmits utilizing the Service.
- Customer agrees to use all data received from HVAC Sellutions, only in strict compliance with all applicable federal, state, and local laws, rules, and regulations, including do not call, do not fax, do not email, spam, Phishing, Spyware, Adware, Virus creation/protection, pirating regulations, etc. Customer agrees that materials used in connection with data provided, will conform to the Direct Marketing Associations' Ethical Guidelines, a copy which can be found at http://www.the-dma.org/guidelines/index.shtml and comply with all federal, state and local laws. Customer acknowledges that it is Customer's sole responsibility to determine the applicability of any such laws, rules and regulations. Customer is solely responsible for the use of the materials, product and data.
Customer agrees to pay HVAC Sellutions all fees and charges (including applied sales taxes) in connection with the Services as set forth within the Site upon order completion, which fees and charges may be changed from time to time in HVAC Sellutions sole discretion through posting of such changes on its Site. All past due invoices shall incur interest at a rate of 1% per month or the maximum lawful rate, whichever is less.
Duties and Responsibilities of HVAC Sellutions
- Subject to the terms of this Agreement, HVAC Sellutions shall provide Customer with the Service.
- Due to the dynamic nature of the Internet, variation in web access, connection speeds, broadband and differing hardware specifications, as well as utility reliability, HVAC Sellutions cannot and does not guarantee that the Service will always be available or uninterrupted or that the viewing quality will be as good as possible. Notwithstanding, HVAC Sellutions will make its best efforts to make the Service available to the extent possible within its reasonable control. Unless otherwise specified in this Service Agreement, HVAC Sellutions is not responsible for providing any connection equipment or other equipment or software to Customer to enable it to receive and utilize the Service and HVAC Sellutions shall not be responsible for equipment of any kind that is not provided by HVAC Sellutions. HVAC Sellutions shall not be responsible for any changes in the Service because equipment or software not provided by HVAC Sellutions become obsolete, require modification or otherwise affect performance of such equipment or software.
Systems Not Provided By HVAC Sellutions.
Unless otherwise agreed to by the Parties in writing, Customer shall be responsible for the selection, use, installation, maintenance, configuration, and compatibility of equipment and software not provided by HVAC Sellutions, notwithstanding any HVAC Sellutions specification or recommendation thereof.
In the event that such equipment or software impairs Customer's use of the Service, Customer shall nonetheless be liable for payment to HVAC Sellutions for provision of the Service. Upon notice from HVAC Sellutions that the equipment or software not provided by HVAC Sellutions is causing, or is likely to cause, a hazard, interference, or obstruction of the Service, Customer shall eliminate such hazard, interference, or Service obstruction. HVAC Sellutions reserves the right to discontinue the Service until such hazard, interference, or obstruction is corrected.
Notice specific to software available on this Site
The materials on HVAC Sellutions Site are provided as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms. If you do not agree to them, do not use the site or download any materials from it.
Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of HVAC Sellutions or any third party. Except as expressly provided within these terms nothing contained herein shall be construed as conferring any license or right under any HVAC Sellutions copyright or trademark.
Notice specific to documents available on this Site
Documents published by HVAC Sellutions on their Site are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HVAC Sellutions shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of OR RELIANCE ON the INFORMATION presented, loss of profits or revenues or costs of replacement goods, even if informed in advance of the possibility of such damages.
Every effort has been made to ensure the accuracy of the information presented. However, HVAC Sellutions assumes no responsibility for the accuracy of the information. Product information is subject to change without notice. Changes, if any, will be incorporated in new editions of these publications. HVAC Sellutions may make improvements and/or changes in the products and/or the programs described in these publications at any time without notice. Mention of non-HVAC Sellutions products or services is for information purposes only and constitutes neither an endorsement nor a recommendation unless so specified. HVAC Sellutions bears no liability for action taken or not taken based on such recommendations.
Any materials that are made available to download from this site, are the copyrighted work of HVAC Sellutions and/or its suppliers, partners and affiliates. If you download materials from this Site, use of the materials is subject to the terms and agreements on this site or in the specific products purchased. You may not utilize materials purchased from this site until you have read and accepted the terms of the applicable agreement. Without limiting the foregoing, copying or reproduction of the materials or transmission electronically to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable license agreements of this site or the products purchased, or the express written consent of HVAC Sellutions in the its products, services and proprietary information or other downloadable materials.
General Practices Regarding Storage
You understand and agree that HVAC Sellutions may from time to time establish and revise practices and limitations concerning your use of the Services. You agree that HVAC Sellutions shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Site or transmitted using the Site or the Services.
Use of services
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). HVAC Sellutions will have no obligations with respect to the Communications. HVAC Sellutions and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law.
HVAC Sellutions may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. HVAC Sellutions, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
HVAC Sellutions now offers or in the future may offer the following services as well as other additional services on HVACSellutions.com:
- Products and services for sale
- Newsletters, catalogs and other publications
- Chat rooms and bulletin boards
- Articles and other information of interest
- Provide contests
- Links to third party sites
As provided by HVAC Sellutions, these functions are collectively referred to as the "Services". HVAC Sellutions may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion. HVAC Sellutions reserves the right to modify, deny or suspend the Services at any time with or without notice to you.
To use the Services, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. Of course, you will also need equipment and a modem or other access device. HVAC Sellutions currently uses Secure Socket Layer 128 bit technology data encryption (SSL) and authentication on our Site to help protect information that passes over the Internet. You must have certain browser capability to take advantage of this encryption technology, which is currently included in versions 6.0 and higher of Microsoft Internet Explorer, Mozilla Firefox 6.0 and Netscape Navigator browsers.
User Content: Forums
Information, data, text, music, sound, photographs, graphics, video, messages and other materials that you may post to the Site or supply to HVAC Sellutions are collectively referred to as "User Content". By posting User Content on or through HVACSellutions.com, you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that you, and not HVAC Sellutions, are entirely responsible for, your User Content.
By submitting or sending User Content to HVACSellutions.com or otherwise making User Content available for display on or through the Site, you grant HVAC Sellutions the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You also warrant that any "moral rights" in User Content have been waived.
HVAC Sellutions does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Site. However, HVAC Sellutions reserves the right (but assumes no obligation) to, in its sole discretion, refuse, edit or remove any User Content that, in HVAC Sellutions's sole discretion, is determined not to comply with these Terms and Conditions, is illegal or is otherwise undesirable, inappropriate, offensive or inaccurate. HVAC Sellutions is not responsible for refusing, editing or removing any User Content or any failure to do so.
You understand and agree that your use of the Services entitles HVAC Sellutions to use, monitor and preserve copies of all User Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that User Content violates the rights of third parties, protection of the personal safety of any person or protection of the property rights of HVAC Sellutions or any other person or entity. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF USER CONTENT.
You understand and agree that all information, data, User Content and other material provided in the Services is the responsibility of the person or entity providing such content. In the event that HVAC Sellutions permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all User Content that you upload, post, email or otherwise transmit using the Services. Likewise, you are responsible to respect third party rights with respect to all content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party rights.
You may not upload, post, email or otherwise use the Site to transmit or store any User Content that: (i) infringes any patent, copyright, trademark, publicity, privacy or other proprietary rights of any party or person (by uploading materials you expressly represent that you have right and permission or are the legal owner of the materials posted to site and vouch for validity of content and assume sole and complete legal responsibility for such content); (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy or hateful; (iii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters" or any other form of solicitation, except in those areas of the Site that are intended and designated for such purpose, provided that even in those areas, your User Content will comply in all respects with the provisions hereof; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or any other similarly destructive activity.
You agree that, in connection with your use of the Site, you will not: (i) "stalk" or harm any other user or any other person or entity in any way; (ii) impersonate any person or entity, including, but not limited to, a HVAC Sellutions officer, director or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Site; (iv) disrupt the normal flow of dialogue in a forum; (v) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (vi) "hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site; (vii) use any data mining tools, robots or similar data gathering or extracting tools in connection with the Site; (viii) harvest, collect or store information about the users of this Site or the User Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site; or (ix) violate any applicable local, state, national or international law or regulation.
Access and Use of Information
Access to this Site is limited to the linked Web pages solely for legitimate business purposes to access the information provided by HVAC Sellutions at this Site. Except as otherwise permitted by HVAC Sellutions herein or in the Agreement, any access or attempt to access other areas of the HVAC Sellutions computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Site other than in connection with a legitimate business purpose.
Links to third party sites
You may be able to link to third parties' Sites ("Linked Sites") from HVACSellutions.com. Web sites linked to by HVAC Sellutions are not under the control of HVAC Sellutions and HVAC Sellutions is not responsible for including without limitation, the content, availability, advertising, products or other materials of such Linked Sites, or any additional links contained therein. These links do not imply HVAC Sellutions endorsement of or association with the Linked Sites. HVAC Sellutions MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: You should be aware that your use of any Linked Site is subject to any terms and conditions, including privacy policies, applicable to that site. HVAC Sellutions reserves the right to terminate any link or linking program at any time. HVAC Sellutions does not endorse companies or products to which it links, unless noted otherwise, and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this solely and entirely at your own risk.
You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray HVAC Sellutions or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any HVAC Sellutions trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without HVAC Sellutions express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. HVAC Sellutions has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including privacy policies or lack thereof. HVAC Sellutions does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that HVAC Sellutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Site Software, Features and Programs
The Service, and underlying software (the Software) (including any images, applets, photographs, video, audio, music, and text incorporated into the Software) is owned or licensed by HVAC Sellutions or its suppliers or licensors and is protected by United States and international copyright laws. Customer must treat the Service and the Software like any other copyrighted material (e.g., a book or musical recording). HVAC Sellutions and its suppliers own and retain all right, title and interest in and to the Service and the Software, including patents, trademarks, copyrights, trade secrets, and other intellectual property rights embodied or contained therein. Customer may not use, copy, or distribute the Service and the Software in any manner inconsistent with the terms of this Service Agreement.
All Site materials, including, without limitation, text, graphics and other files and the selection and arrangement thereof are copyrighted materials of HVAC Sellutions 2007, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. However, you may not distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of HVAC Sellutions. Permission is granted without written approval to download and modify creative templates designated as "downloadable" for the Customer’s exclusive internal company use. You may not "mirror" any material contained on this Site on any other server without prior written permission from HVAC Sellutions. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
No Resale Of Services
Customer agrees to use the Services solely for your own personal or exclusive internal business purposes and not to use or exploit any portion of the Site for commercial purposes and/or financial gain not related to your business on HVACSellutions.com.
Certain products and brand names may be trademarked or registered trademarks of their respective holders with all rights reserved. Products and services may vary from country to country. Please contact your representative for specific information.
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of HVAC Sellutions, its partners, affiliates or vendors of products offered or recommended on this site. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of HVAC Sellutions, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HVAC Sellutions. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of HVAC Sellutions or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppels or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of HVAC Sellutions or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
You agree not to use or display trademarks without the prior written consent of HVAC Sellutios or the owner of such marks.
Visit http://www.uspto.gov for more information regarding trademarks.
The content on this site is copyrighted © 2007 HVAC Sellutions a division of Cameron Consortium, LLC. You must obtain permission by express written consent to copy or transmit any material from this site or be subject to severe copyright penalties with all rights and remedies reserved by HVAC Sellutions and along with any harm or damages suffered by its clients and members stemming from such a breach.
HVAC Sellutions takes matters of copyright extremely seriously. The Federal Bureau of Investigation reviews all reported allegations of copyright and trademark infringement and it is our position that after fair notice is given to the suspected perpetrator, that even the smallest evidence or inclination of such a proprietary breach and infringement will be reported and vigorously pursued according to the full extent of the law.
Site Content; Copyright
This Site contains information, trademarks, service marks, logos, copyrights and other content ("Site Content") beyond the items marked and allowed for download owned by HVAC Sellutions and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used with permission of their respective owners. As between you and HVAC Sellutions, HVAC Sellutions is the sole owner of all Site Content. You may not download, cache or save a copy of the Site Content or any portion thereof, for any purpose, except that you may print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Site Content, without the express prior permission of HVAC Sellutions. Any other modification of Site Content or use of Site Content for any other purpose is a violation of the rights of HVAC Sellutions or third parties. If you believe that any content on the Site has been copied in a way that constitutes copyright infringement, please contact HVAC Sellutions.
We entrust our information with full confidence in your character and its protection is guaranteed by your honor and integrity. If that’s not enough, we will use the law and government since we too pay our taxes.
Visit http://www.uspto.gov for more information regarding copyrights.
The Digital Millennium Copyright Act
On October 12, 1998, the U.S. Congress passed the Digital Millennium Copyright Act, ending many months of turbulent negotiations regarding its provisions. Two weeks later, on October 28th, President Clinton signed the Act into law.
The Act is designed to implement the treaties signed in December 1996 at the World Intellectual Property Organization (WIPO) Geneva conference, but also contains additional provisions addressing related matters.
As was the case with the 'No Electronic Theft' Act (1997), the bill was originally supported by the software and entertainment industries, and opposed by scientists, librarians, and academics.
An Overview of the Act Provisions include:
- Makes it a crime to circumvent anti-piracy measures built into most commercial software.
- Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.
- Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.
- Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances.
- In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.
- Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.
- Limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances -- for copyright infringement by faculty members or graduate students.
- Requires that "webcasters" pay licensing fees to record companies.
- Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."
- States explicitly that "nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..."
Contact HVAC Sellutions for contact information regarding its Agent designated for Digital Millennium Copyright Act information.
See http://www.copyright.gov/legislation/dmca.pdf for complete details.
Customer agrees to defend, indemnify and hold harmless HVAC Sellutions and its officers, directors, employees, agents, parents, subsidiaries, affiliates, licensors, and third-party subcontractors harmless and non-liable from and against any and all losses, claims, damages, liabilities, obligations, penalties, judgments, awards, settlements, costs, expenses, and disbursements, including without limitation, the costs, expenses and disbursements, as and when incurred, of investigating, preparing or defending, including without limitation, reasonable legal and accounting fees, any action, suit, proceeding, or investigation, caused by, relating to, based upon, arising out of or in connection with any breach by Customer of the representations, warranties or agreements made by it under this Agreement or relating to any action arising in any way from your use of the Site or the Services, any violation of these Terms and Conditions by you, or any User Content you post or access on or through the Site. HVAC Sellutions shall provide notice to you promptly of such claim and shall reasonably cooperate with you, at your expense, in your defense of any such claim.
Limitation Of Liability
In no event, under any circumstances, will HVAC Sellutions, its officers, directors, employees, parents, partners, affiliates, successors, assigns, agents, suppliers or other third parties mentioned at or in this Site or as part of this Agreement, be liable to any party for any claims or damages (including, without limitation to exemplary, direct, indirect, special, incidental, punitive, contributory, or consequential damages), damages resulting from lost revenue, lost profits, lost customers, lost programs and/or data (including, but without limitation to unauthorized access to Customer's network or for unauthorized access to or alteration, theft, duplication, or destruction of Customer's data files, programs, procedures, or information through accident; virus, spyware, adware, etc., alleged fraudulent means or devices, or any other cause or method), lost use or business interruption arising out of or relating to the use, reliance on inability to use, or availability of the Site; the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected; any link provided in connection with the services, or; any matter otherwise resulting from or related to Customer’s use of the Site or the services, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether in an action or based on warranty, contracts, tort (including but not limited to, negligence) or any other legal theory, and whether or not HVAC Sellutions or its registered agent has been advised of the possibility of such damages regardless of the form of action and whether or not caused by the intentional acts or omissions or negligence of HVAC Sellutions, its employees or agents. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
HVAC Sellutions shall not be liable for claims or damages resulting from or caused by: (1) Customer’s fault, negligence or failure to perform Customer’s responsibilities; (2) claims against Customer by any other party; (3) any act or omission of any other party; and (4) equipment or services furnished by a third party.
In no event will HVAC Sellutions liability arising out of or relating to the Agreement exceed the amount paid by Customer to HVAC Sellutions for no more than one (1) year of Customer Site membership fees or one (1) month onsite Customer consulting fees to which such liability is claimed. Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply to you and you might have additional rights.
Disclaimer of Warranty
The Service is provided as is without warranties of any kind unless expressly set forth in this Agreement. Customer assumes all risks and responsibilities for the selection of the Service to achieve its intended results. Customer is responsible for the use of the Service. HVAC Sellutions makes no warranty that the Service will be error-free or free from interruption or failure.
Customer hereby acknowledges that the Service may not be or become available due to any number of factors, including, without limitation, periodic system maintenance, scheduled or unscheduled, acts of God, or technical failure of the Software or telecommunications infrastructure. HVAC Sellutions expressly disclaims any express or implied warranty regarding Service availability, accessibility or performance.
Products obtained through your use of the Site are provided with standard product warranties applicable to such products. This Site is provided "as is" and "as available," without warranty of any kind, either express or implied. Without limitation of the foregoing, HVAC Sellutions specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness or otherwise of the Site or Site content; and (ii) any warranties of title, warranty of non-infringement and warranties of merchantability or fitness for a particular purpose.
HVAC Sellutions makes no warranty that the services will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the services will be accurate or reliable. The use of the services is solely at your own risk. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or services is to cease to use the Site or services.
To the maximum extent permitted by law, HVAC Sellutions and its suppliers specifically disclaim all warranties, express or implied, regarding the Service, including any implied warranties of merchantability or fitness for a particular purpose, as well as all warranties of quiet enjoyment, warranties of merchantability for computer programs, implied warranties for informational content, and implied warranties of fitness. HVAC Sellutions does not warrant that the Service and underlying Software is free from bugs, viruses, errors, or other program limitations nor does HVAC Sellutions warrant access to the Internet, or to any other service through the Service.
Some states do not allow the exclusion of implied warranties, so that the above exclusions may not apply to Customer. In that event, any implied warranties are limited in duration to sixty (60) days from the use of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Customer. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
In the case of its third party services, HVAC Sellutions resells products and services data from various sources. HVAC Sellutions cannot and does not assume any liability Customer’s action or failure to act in using resources from such third parties. You purchase third party products and services at your own risk.
The Agreement may not be assigned or otherwise transferred by Customer without the prior written consent of HVAC Sellutions. HVAC Sellutions may subcontract any of its obligations hereunder.
If any term or provision of the Agreement shall to any extent be invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
The headings in the Agreement documents are included only for convenience and shall not control or affect the meaning or construction of the Agreement.
The Agreement forms the entire agreement between the Parties with respect to the Service. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the subject matter hereof and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. Notwithstanding the foregoing, in the event and to the extent that any tariffs have been or are filed respecting Service ordered by Customer, then the terms set forth in the applicable tariff shall apply to such Service including to HVAC Sellutions sale and delivery and Customers purchase and use thereof.
No waiver of any violation or nonperformance of the Agreement in one instance shall be deemed to be a waiver of any subsequent violation or nonperformance. All waivers must be in writing.
All notices given under the Agreement shall be in writing and deemed duly given upon personal delivery (including courier service), overnight mail delivery, or five (5) days after deposit, postage prepaid, in the first class mail of the United States properly addressed to the other party at the address(es) noted on the Agreement, or at any other address(es) as the Party may designate by ten (10) calendar days prior written notice given in accordance with this provision.
Neither Party shall be liable to the other for acts or failures of performance beyond its reasonable control including, but not limited to, acts of God, or public enemy, acts of other parties, governmental laws, regulations or requirements, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, riots, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power or fuel. This provision shall not apply to obligations to pay money.
Unless otherwise agreed to by the Parties, Customer will act at all times as an independent contractor and will have no right or authority to act on behalf of, create any obligation for, or bind HVAC Sellutions in any way. Nothing in the Agreement will be deemed to create a partnership or joint venture between the Parties.
Revisions To This Agreement
HVAC Sellutions may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
Applicable Laws & Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this Agreement shall be in an appropriate state or federal court located in the State of Pennsylvania, County of Chester. Should any part of this Agreement be found to be illegal or otherwise unenforceable, HVAC Sellutions and you shall continue to be bound under the remaining terms of this Agreement.
All questions concerning the validity, operation, interpretation, construction, and enforcement of this Agreement, including these Standard Terms and Conditions, and all other site Administrative Documents and practices will be governed by and determined in accordance with the laws of the State of Pennsylvania, provisions of conflicts of laws notwithstanding. This Agreement will be submitted to binding arbitration in Chester County, Pennsylvania, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. In determining and issuing awards pursuant to any arbitration commenced hereunder the Parties expressly agree and hereby instruct the arbitrator(s) to make determinations that are, to the greatest extent feasible, consistent with these Standard Terms and Conditions. In the case of any award against HVAC Sellutions, the limitations of liability in this Agreement shall apply. The prevailing party in any arbitration or litigation shall be entitled to recover all reasonable expenses thereof, including attorney’s fees in connection with such proceedings or any appeal thereof.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of HVAC Sellutions or other owner's proprietary rights in them.
HVAC Sellutions make no guarantee or promise of results express or implied. HVAC Sellutions must legally state that income references, customer accounts, stories, results realized, etc. cannot be considered typical of all users. Your results may vary as your company may realize more or less of an impact. Results are in accord with your effort and application.
HVAC Sellutions manuals, books, recordings, and other support materials are for "information purposes" only and no liability for any efforts, representations, or claims made is assumed.