Terms and Conditions of Use
IMPORTANT-READ
CAREFULLY: These terms and conditions of use constitute a legal
agreement between you and the Partnership for Air Conditioning, Heating,
Refrigeration Accreditation, a Delaware non-profit corporation ("PAHRA
or "we" or "us" or "our") and govern your access and use of this web
site, including all services rendered in connection with it, and all
servers, mirrors and URLs operated by or for PAHRA.
BY
ACCESSING OR USING ANY AREAS OF OUR WEB SITE, YOU ARE BOUND BY THE TERMS
AND CONDITIONS OF USE SET FORTH BELOW, AS WELL AS THE TERMS OF OUR PRIVACY POLICY.
IF YOU REJECT ANY OF THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED
TO ACCESS THE WEB SITE OR RECEIVE OR USE ANY SERVICES OFFERED THROUGH
THIS WEB SITE.
Permission to Use this Web Site
Subject to the terms and conditions of use set forth on this page, we grant you permission to do the following:
- view
and use solely for your personal purposes and solely for their intended
purposes those portions of this Web site to which we have granted you
access;
- make one complete, unaltered electronic copy and/or one
complete, unaltered paper (i.e. printed) copy of any page on this Web
site to which we have granted you access, provided you retain all
copyright, trademark and other proprietary rights notices and that you
use it solely for personal or internal business purposes and do not
distribute or republish it;
- prior to accessing those portions of
this Web site that require registration, you agree to register to
receive our services, subject to payment of all applicable charges and
agreement to the terms and conditions of any license agreement or other
agreement associated with such products and services; and
- use the services to which you have been granted access in ways that do not violate any of these terms and conditions, our Privacy Policy, and any other applicable agreement to which you are bound.
Any
other use of this Web site or its contents (which may include text,
photographs, graphics, sound recordings, video, software and any other
information or material) is prohibited without first obtaining written
permission from us.
Copyright, Trademarks and Other Proprietary Rights
This
Web site may contain text, data, software, digital photographs,
graphics, videos, music, sounds and other information and material
("content") that is protected by state, national and international law
pertaining to copyrights, trademarks, trade secrets, and other
proprietary rights. Unless indicated otherwise, all of this content and
the proprietary rights protecting it are the property of PAHRA and/or
its licensors or affiliates. PAHRA and its licensors and affiliates
reserve all rights with respect to this Web site's content, including,
without limitation, all rights to copy, display, distribute, transmit,
modify, remove, and create derivative works of it.
PAHRA and the
PAHRA logo are trademarks, trade names, and service marks of PAHRA. You
may not make any use of these trademarks, trade names or service marks
except as expressly authorized in these terms and conditions or except
as expressly agreed to in writing between you and our authorized
representative prior to any such use. Other trademarks, product names,
company names, and logos appearing on this Web site are the property of
their respective owners. You must obtain prior permission from those
owners before copying or using their trademarks, product names, company
names, or logos.
Linking, Framing, and Metatags
You
may make referential links to any of the publicly accessible pages on
this Web site that are not password protected, subject to review and
termination by us at any time and for any reason. Please be aware that
we continually update and revise our Web site. We cannot guarantee that
each page to which you may provide a link will remain available or that
its content will remain the same.
You may not link to our Web site
in any way that might lead others to believe that our Web site or any
of its contents were created or are operated or offered by you or any
party other than PAHRA. Unless you have entered into a separate written
agreement with us permitting you to do so, you may not frame or
otherwise display any portion of our Web site or any of its contents,
nor may you place any text or other content on your Web site that states
or implies that there is any association between you and PAHRA.
You
may not use any of PAHRA's trade names, trademarks, service marks or
any of the textual content of our Web site as metatags in your own Web
site, unless we have granted you a license explicitly permitting you to
do so.
Communication and Submissions via this Web Site By You
You
grant to PAHRA and its successors, assigns, perpetual, irrevocable and
fully sub licensable, a license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display (in
whole or in part) and to incorporate into other works in any format or
medium now known or later developed content you submit, upload or make
available to, via or on the web site.
Whenever you communicate
with us or others using this Web site or its services, your
communications are non-confidential. PAHRA is free to use all
submissions, ideas, and feedback contained in your communications in any
manner that is consistent with our Privacy Policy, including, but not
limited to, incorporating your suggestions into our software and service
offerings without any financial or other obligation to you.
PAHRA
may preserve content and may also disclose content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
these terms and conditions; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of PAHRA, its users and the public.
You
understand that the technical processing and transmission of PAHRA's
services, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. PAHRA and its designees
have the right (but not the obligation), in their sole and absolute
discretion, to remove any content that violates these Terms and
Conditions of Use or is otherwise objectionable. However, you, and not
PAHRA, are entirely responsible for all content that you upload post,
email, transmit, or otherwise make available through PAHRA's services.
PAHRA is not responsible for any loss of data resulting from deletion or
corruption of any content you have communicated, uploaded, or
submitted, by network or system outages, file corruption or any other
reasons.
Third Party Content
You
acknowledge that PAHRA does not pre-screen content posted or uploaded by
others. You agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness, timeliness or usefulness of such content. In this regard,
you acknowledge that you may not rely on any content created by PAHRA or
submitted to PAHRA.
PAHRA does not control the content posted by
others via its services and, as such, does not guarantee the accuracy,
integrity or quality of such content. All content, whether publicly
posted or privately transmitted, are the sole responsibility of the
person from which such content originated. PAHRA is not responsible for
any opinions, advice, or statements made by others. Except as required
by law, we have no obligation to monitor postings to this web site, or
to remove or retain any content, although we reserve the right to do so.
PAHRA
makes no representation or warranty with respect to the quality,
reliability, or non-infringement of any content, service, or material
accessible on or via this web site. Your rights with respect to third
party products, services, or data may be subject to the terms and
conditions of separate agreements with the third parties providing them.
Third Party Web Sites
This
web site may contain links to third party web sites. These links are
provided solely as a convenience to you. Unless explicitly stated
otherwise, they are not intended as a certification or endorsement of
the owner of any third party web site, such web site's content, or any
products or services available on or via such web site. PAHRA does not
control linked web sites, or any web sites (other than our own) that are
linked to them. PAHRA is not responsible for linked web sites, or any
web sites that are linked to them.
Account, Security and Password
If
any of the services available to you on this Web site requires you to
open an account; you must complete the registration process by providing
us with current, complete, and accurate information as prompted by the
applicable registration form. You may be asked to choose a user name
and/or password. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your
account. You agree to notify PAHRA immediately of any unauthorized use
of your account or any other breach of security. PAHRA will not be
liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. You
will be held liable for losses incurred by PAHRA or another party due to
someone else using your account or password, either with or without
your knowledge or permission. You may not use anyone else's account at
any time, without the permission of the account holder.
No Warranties
THIS
WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PAHRA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES,
CONTRACTORS, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS
(COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL
WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE
AVAILABILITY OR QUALITY OF ANY TOOLS, SOFTWARE, PRODUCTS OR SERVICES
AVAILABLE VIA THIS WEB SITE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE
OR OTHER AGREEMENT RELATED TO THOSE TOOLS, SOFTWARE, PRODUCTS OR
SERVICES).
Limitation of Liability
EXCEPT
AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT
BETWEEN YOU AND US PERTAINING TO OUR SOFTWARE, PRODUCTS OR SERVICES,
NEITHER PAHRA NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES
ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY SOFTWARE,
PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE,
WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OR CORRUPTION OF DATA,
DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION,
OR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS
OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF PAHRA
AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES
OR DAMAGES ALLEGEDLY SUFFERED. SOME JURISDICTIONS LIMIT THE EXCLUSION
OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF
DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE
UNDER APPLICABLE LAW, THE LIABILITY OF PAHRA AND ITS AFFILIATES WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW.
Export and Import Restrictions
This
Web site is controlled and operated by PAHRA from its offices within
the United States. PAHRA makes no representation that the software,
products, services, and other materials available through this Web site
are appropriate or available for use in other countries, and access to
them from countries where their contents or use is illegal is
prohibited.
Prohibited Activities
We
reserve the right to remove any content that we find, in our sole
discretion, violates these Terms and Conditions of Use or is otherwise
in violation of the law. You may not:
- Use our services, including our Web site,
- to make unsolicited offers or proposals or to send junk mail to users of our services or our software,
- to
post or transmit or in any way exploit any information, software, or
other material for commercial purposes, or that contains advertising;
- to post or transmit or in any way exploit any information, software, or other material that contains advertising;
- to harass, defame or defraud users of our services;
- to
promote or provide material that is grossly offensive to the online
community, including blatant expressions of bigotry, prejudice, racism,
hatred or profanity;
- to promote or provide material or instructional information about illegal activities; or
- to promote physical harm or injury;
- Knowingly
damage or interfere with the operation of our services, any software
that utilizes them, or any user's enjoyment of them, by any means,
including uploading or otherwise disseminating viruses, worms or other
harmful code;
- Disable, circumvent, avoid, bypass, remove,
deactivate, impair or otherwise interfere with security-related features
of our services, features that enforce restrictions or limitations on
use of our services, or features that prevent or restrict use or copying
of any content or other material accessible through use of our
services;
- Upload, transfer or otherwise make available, files
that contain images, photographs, software or other material protected
by intellectual property laws including without limitation copyright,
trademark, patent, or trade secret laws or by rights of privacy or
publicity, unless you own or control the rights or have received all
necessary consent to do so;
- Upload, transfer or otherwise make
available images, photographs, software or other material that is lewd,
pornographic, obscene or otherwise offensive;
- Download any file
posted by another user that you know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed in this
manner;
- Access or use our software or services in violation of
any local, state, national, or international law, including, without
limitation, laws governing the provision of financial services, data
protection and privacy, obscenity, child pornography or other
pornography and/or export or import control;
- Use any robot,
spider, scrapper or other automated means to access our web site for any
purpose without our express written permission;
- Take any action
that imposes, or may impose in our sole determination an unreasonable
or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our web site;
- Restrict
or inhibit any other user from using and enjoying the web site or the
services of PAHRA offered through this web site; or
- Otherwise
access or use our software, products, services or this web site in
violation of these terms and conditions or any other applicable
agreement.
Consequences of Unacceptable Use
We
reserve the right to take any and all action we deem appropriate if we
become aware of conduct that we believe does not conform to the
requirements of any agreement pursuant to which you use our services or
any software that utilizes them, the Terms and Conditions for use of
this Web site, or applicable law, including without limitation: (a)
terminating your right to use this Web site; (b) terminating any
registration or license you have to use our products, services or this
web site or any portion thereof; (c) banning you from future use of our
products, services or this web site by name, e-mail address, IP address
and/or any other means; or (d) any other action that we deem appropriate
in our sole discretion.
Special Notice Regarding Copyright Infringement
You
may not use our services to infringe copyrights. Although we do not
police any content posted to this web site, we will attempt to terminate
service to anyone who we become aware is repeatedly using our services
in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.
Notification of claimed copyright infringement should be made in
accordance with our Notice and Procedure for Making Claims of Copyright
Infringement. NOTICES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT OR NOT IN CONFORMANCE WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant
to Title 17, United States Code, Section 512(c), all notifications of
claimed copyright infringement using our services should be sent ONLY to
our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS
PROVIDED EXCLUSIVELY FOR NOTIFYING PAHRA THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED
TO ALLEGED INFRINGEMENT OF YOUR COPYRIGHTS TO OUR DESIGNATED AGENT. YOU
WILL NOT RECEIVE A RESPONSE.
Your written notification must be sent to the following Designated Agent:
Service Provider: Partnership for Air Conditioning, Heating, Refrigeration Accreditation
Agent Designated to Receive Notice: Webmaster
Address of Designated Agent: 2800 S Shirlington Road, Suite 300, Arlington, VA 22206
Telephone Number of Designated Agent: (703) 575-4477
Facsimile Number of Designated Agent: (703) 575-9121 fax
E-Mail Address of Designated Agent:
Under
Title 17, United States Code, Section 512(c) (3) (A), your Notification
of Claimed Infringement must include the following:
- An
electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work(s) that you claim have been infringed;
- A
description of the material that you claim is infringing, and the
location where the original of an authorized copy of the copyrighted
work exists (for example, the URL of the page of the web site where it
is lawfully posted; the name, edition and pages of a book from which an
excerpt was copied, etc.);
- Your address, telephone number, and e-mail address;
- A
statement that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
- A
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Miscellaneous Terms and Conditions
The
Terms and Conditions of Use apply generally to your access to and use
of this Web site and our software, products and services. Some of these
terms and conditions may be modified or superseded by expressly
designated legal notices located on other pages of this Web site or by
the terms and conditions of the User Agreements or other agreements
pursuant to which you obtain our software, products, or services. A
specific provision in any of those notices, licenses or agreements that
addresses the same subject matter as a provision on this page overrides
the provision on this page.
No delay or failure to take any action
or exercise any right that PAHRA may take or exercise pursuant to these
terms and conditions or applicable law will constitute a waiver of that
action or right by PAHRA.
Any litigation arising out of or
related to your access to or use of this web site and services provided
by it will be brought only in the United States District Court for the
Eastern District of Virginia, or, if federal subject matter jurisdiction
is lacking, then in any Virginia state District Court located in
Arlington, Virginia. By accessing or using this web site, you submit to
the personal jurisdiction of these courts and waive all objections to
placing venue exclusively before them. The prevailing party in any
litigation will be entitled, in addition to any other relief granted to
it, to recover reasonable attorney's fees, expenses and costs incurred
in connection with the litigation.
The terms and conditions
contained on this page will be governed by and interpreted in accordance
with the laws of the State of Virginia, USA, without regard to any of
its choice of law rules that might lead to application of the law of
another jurisdiction. If any of the terms or conditions page are
determined to be invalid or unenforceable by a court of competent
jurisdiction, then the remaining terms and conditions will remain in
full force and effect, and the invalid or unenforceable term or
condition will be deemed superseded by a valid, enforceable term or
condition that matches the practical effect of the original provision as
closely as possible. These terms and conditions set forth our entire
agreement with you related to your use of this Web site, and they
prevail over any other communications we may have regarding its use,
with the exception of an agreement signed by an authorized
representative of PAHRA that explicitly authorizes a use that is
inconsistent with these terms and conditions.
This agreement is
effective until terminated by PAHRA at any time without notice. However,
the disclaimers and limitations of liabilities set forth in this
agreement will survive.