Last Revised: October 5, 2017
You may contact HVAC Know It All by e-mail at [email protected] with questions about these TOU.
THESE TOU CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, DISCLAIMERS REGARDING HVAC KNOW IT ALL CONTENT, AND LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE TOU ARE EFFECTIVE UPON ACCEPTANCE. WHEN YOU REGISTER FOR AN ACCOUNT WITH HVAC KNOW IT ALL, YOU ACCEPT THESE TOU BY CHECKING THE APPROPRIATE BOX AND ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TOU. IF YOU DO NOT REGISTER AN ACCOUNT WITH HVAC KNOW IT ALL, THEN THESE TOU ARE IS EFFECTIVE THROUGH YOUR ACCESS TO OR USE OF THE WEBSITE (E.G. BY USING OR BROWSING).
IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TOU, YOU MUST NOT USE THE WEBSITE AND MUST CEASE ANY USE OF THE WEBSITE IMMEDIATELY.
HVAC Know It All Content: other than User Content, any Content available on the Website or used to create and operate the Website, as well as the selection and arrangement of such Content, including, without limitation, any HVAC Know It All blog posts.
Content: means any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software, hyperlinks, embedded links, URLs, and other types of content.
User: means any User of the Website.
User Content: means any Content that You, or other Users, upload, submit, post, display or otherwise make available on the Website.
Website: means the website located at hvacknowitall.com (and the webpages within that website), including any User Content, HVAC Know It All Content, platforms, software, digital services, tools, features and functionalities made available on or through the Website.
YOUR AGE AND ELIGIBILITY TO USE THE WEBSITE
The Website are not intended for children under the age of 13 and no person under the age of 13 may use the Website.
Children under 18 years of age but older than 13 years of age may use the Website, subject to the below paragraph.
IN ORDER TO FULLY USE THE WEBSITE YOU MUST SET-UP AN ACCOUNT
HVAC Know It All reserves the right to reject any registration form in HVAC Know It All’s sole discretion.
If You choose to set-up an Account, then You agree to: (i) provide true, accurate, current and complete information; (ii) maintain and promptly update the information You provide to HVAC Know It All; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by HVAC Know It All for such field.
In the event that You provide, or HVAC Know It All reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then HVAC Know It All has the right to suspend or terminate Account and refuse any and all current or future use of the Website.
Upon account set-up pursuant to Section 2, You will be asked to establish certain log-in methods (e.g. username and password) in order to sign-in to Your Account (“Login Methods”).
Your Login Methods are solely for Your use.
You are solely responsible for the confidentiality and security of Your Login Methods. You are responsible for all activities that occur under Your Login Methods and/or Account and may not share Your Login Method details with others. You must immediately notify HVAC Know It All of any actual or suspected loss, theft or unauthorized use of Your Login Methods or Account, or any other security breaches of which You become aware.
HVAC Know It All is not obligated to inquire as to the authority or propriety of any use of, or action taken under, Your Login Methods and/or Account.
HVAC Know It All will not be responsible for any loss to You that arises from any use of Account or Your Login Methods or from Your failure to comply with these provisions.
LIMITED USE; RESERVATION OF RIGHTS
Subject to the terms and conditions of this Agreement, HVAC Know It All may make available to You for Your Use: (i) the portion(s) of the Website available to non-registered Users; and (ii) if You have set-up an Account with HVAC Know It All in accordance with Section 2, the portion(s) of the Website available to registered Users.
HVAC Know It All expressly reserves all rights not expressly granted in these TOU.
ACCEPTABLE USE; COMPLIANCE WITH LAWS
You represent, warrant and covenant to HVAC Know It All that you will abide by and not violate the Acceptable Use Policy, which can be found at Appendix A below.
If you breach the Acceptable Use Policy, or any other provision of these TOU, HVAC Know It All may take whatever steps we deem necessary to protect the Website, HVAC Know It All, HVAC Know It All’s business, HVAC Know It All’s and its supplier’s infrastructure, and HVAC Know It All’s other Users, including, without limitation, suspending Your use of the Website, terminating Your Account, and/or terminating these TOU.
You agree that You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to Your use of the Website.
USER CONTENT; FEEDBACK
In connection with Your use of the Website, you may have occasion to upload, submit, post, display, perform, transmit, communicate, or otherwise make available User Content (“Your User Content”).
If You submit ideas, suggestions, commentary or feedback to HVAC Know It All regarding the Website (or any other product or service offered by HVAC Know It All) (collectively, “Feedback“), through any means whatsoever, then You agree that HVAC Know It All may use the Feedback freely and for any purpose.
You represent, warrant and covenant to HVAC Know It All that Your User Content and Feedback will not violate the Acceptable Use Policy, which can be found at Appendix A below.
You hereby grant HVAC Know It All a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use any of Your User Content and Feedback in the manner in and for the purposes for which the Website and HVAC Know It All from time to time use User Content and Feedback, including, without limitation, for developing and marketing products, services, applications, the Website, other websites, or any Content, without any obligation to You or third parties. HVAC Know It All to provide You with any credit, notice, approval or compensation for any such use.
You waive any and all of Your moral rights in the Feedback and Your User Content.
HVAC Know It All does not endorse any Feedback or User Content.
RESPONSIBILITY FOR CONTENT
Please see Sections 9 and 10 below. UNDER NO CIRCUMSTANCES WILL HVAC KNOW IT ALL BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY HVAC KNOW IT ALL CONTENT OR USER CONTENT.
You are solely responsible for all of Your User Content and for complying with Section 7.
You acknowledge and agree that HVAC Know It All: (i) stores User Content at the direction, request and with the authorization of its Users; (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content; (iv) plays no active role and gives no assistance in the presentation or use of the User Content; and (v) cannot and does not review the User Content created or uploaded by its Users, and does not have any obligation, and may, but does not undertake or assume any duty to, monitor the Website for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or any applicable law, rule or regulation.
USE IS AT YOUR SOLE RISK; DISCLAIMERS
USE OF THE WEBSITE, LISTINGS, HVAC KNOW IT ALL CONTENT AND USER CONTENT IS SOLELY AT YOUR OWN RISK.
THE WEBSITE, HVAC KNOW IT ALL CONTENT AND USER CONTENT ARE MADE AVAILABLE AND PROVIDED “AS IS” WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, GIVEN BY HVAC KNOW IT ALL OR OBTAINED FROM OR ACCESSED ON THE WEBSITE WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HVAC KNOW IT ALL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE WEBSITE, HVAC KNOW IT ALL CONTENT, USER CONTENT AND CONDUCT OF USERS, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY WARRANTY OR CONDITION OF COMPLETENESS, CURRENCY, TIMELINESS, TRUTHFULNESS, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, AVAILABILITY, ACCESSIBILITY, SECURITY, UNINTERRUPTED USE, NON- INFRINGEMENT, OR THAT THE WEBSITE, HVAC KNOW IT ALL CONTENT, USER CONTENT OR CONDUCT OF USERS ARE OR WILL BE ERROR-FREE OR VIRUS-FREE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS.
EXCLUSIONS OF LIABILITY
HVAC KNOW IT ALL’S LIABILITY WITH RESPECT TO THIS AGREEMENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
HVAC KNOW IT ALL WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER TYPES OF DAMAGES) OR FOR ANY LOSSES (INCLUDING LOSS OF SAVINGS, PROFITS, REVENUES, DATA, CONTENT, BUSINESS OR GOODWILL) WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT.
THIS SECTION “EXCLUSIONS OF LIABILITY” WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND INJURY), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF HVAC KNOW IT ALL HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, AND WILL APPLY WHETHER OR NOT ANY DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
INTELLECTUAL PROPERTY OWNERSHIP
Except for the rights granted to You expressly herein, as between HVAC Know It All and You, HVAC Know It All reserves all right, title and interest (including all intellectual property rights) in and to the Website and any HVAC Know It All Content.
You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Website or HVAC Know It All Content.
The Website and HVAC Know It All Content are: (i) protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws; and (ii) not Your property, but the property of their respective owners, whether HVAC Know It All or otherwise.
All trademarks and other indicia of origin appearing on or in the Website or HVAC Know It All Content are the property of HVAC Know It All or HVAC Know It All’s service providers, suppliers or licensors, or the trademark’s property owners, unless otherwise indicated. You may not use any trademark or other indicia of origin appearing on on or in the Website or HVAC Know It All Content.
HVAC Know It All, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
Your User Content is, as between You and HVAC Know It All, Your property.
HVAC Know It All takes claims of intellectual property infringement seriously, including, but not limited to, infringement of copyright and trademark rights. HVAC Know It All reserves the right to remove Content where HVAC Know It All has grounds for suspecting the violation of these TOU.
HVAC Know It All will respond to notices of alleged copyright infringement that comply with applicable laws, including under Canadian laws and under the United States Digital Millennium Copyright Act.
If You believe any Content accessible on or from the Website infringes Your intellectual property rights, then please submit a notice to HVAC Know It All as outlined below. HVAC Know It All reserves the right to share, in accordance with applicable law, such notice. The written notice (the “Infringement Notice“) must include substantially the following information:
Your physical or electronic signature.
Identification of the material(s) (e.g. copyrighted work) You believe to have been infringed. Please include the nature of the alleged infringement (e.g. material is counterfeited, copyright is unlawfully copied, trademark is unlawfully used, etc.) and the region(s) in which the material(s) is (are) registered for intellectual property protection.
Identification of the intellectual property owner.
Identification of the material You believe to be infringing, in a sufficiently precise manner to allow HVAC Know It All to locate that material. In addition, specify (i) the location data (e.g. the web address or Internet address associated with the alleged infringement; and (ii) the date and time of the alleged infringement.
Adequate information by which HVAC Know It All can contact You, including Your name, postal address, telephone number, and email address. Your e-mail address may be shared with the alleged infringer, and so, if you don’t want the foregoing e-mail address to be shared with the alleged infringer, then please send HVAC Know It All an additional e-mail address for sharing with the alleged infringer (and indicate to HVAC Know It All that this additional e-mail address is for sharing).
A statement that You have a good faith belief that use of the material is not authorized by the intellectual property owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that You are the intellectual property owner or are authorized to act on behalf of the owner.
Our designated agent to receive Infringement Notices is: Gary McCreadie HVAC Know It All [email protected]
If You fail to comply with all of these requirements, Your Infringement Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing, You may be held liable for damages (including costs and lawyers’ fees) under applicable laws, rules and regulations.
It is HVAC Know It All’s policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.
HVAC Know It All is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, the Website. If You access any third party website or service through the Website, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, HVAC Know It All.
UPDATES; TOU AMENDMENTS
HVAC Know It All may, in HVAC Know It All’s sole discretion, release fixes, patches or updated versions of the Website or otherwise add or remove Content or features (including modifications to the features, availability or functionality of the Website and/or Content or any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of the Website and will be subject to the terms and conditions of these TOU.
HVAC Know It All may amend these TOU, or any provision thereof, with immediate effect at any time and without notice. Your use of the Website following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOU in effect at the time of such use.
TERMINATION; SUSPENSION AND AFTER TERMINATION
HVAC Know It All reserves the right to reject, suspend or terminate the Website, Your Account or Your use of all or any portion of the Website at any time and for any reason, in HVAC Know It All’s sole discretion. HVAC Know It All has no obligation to provide you with any notice of your breach of these TOU, but HVAC Know It All may choose to provide notice, and an opportunity to cure such breach, in HVAC Know It All’s sole discretion should we so choose.
The terms and conditions in these TOU will continue to apply to Your past use of the Website, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to HVAC Know It All.
You may cancel Your Account at any time via the “Cancel Account” feature of the Website or by sending an email to [email protected]. Please note that if Your Account is cancelled, HVAC Know It All does not have an obligation to delete or return to You any of Your User Content or Feedback.
Upon termination of these TOU or Your Account, any provision hereof that by its nature is intended to survive the termination of these TOU will survive such termination.
You agree to indemnify, defend and hold harmless HVAC Know It All and its affiliates, and their shareholders, directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers’ fees) that arise from or relate to Your breach of these TOU, Your Use of the Website or anu Content on the Website (including without limitation HVAC Know It All Content, Your User Content, or Your interaction with any User.
HVAC Know It All has the right but not the obligation to participate in any defense or settlement.
If HVAC Know It All chooses to participate, then each party must pay for its own lawyers’ fees.
For all purposes, HVAC Know It All and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.
APPLICABLE LAW & JURISDICTION
All matters relating to these TOU will be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada applicable therein, as applicable, without regard to the conflicts of laws principles thereof. You and HVAC Know It All also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, located within the City of Toronto, with respect to any and all matters arising in connection with these TOU. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TOU.
HVAC Know It All may assign or transfer these TOU in whole or in part at any time without Your consent. You may not assign these TOU or assign, transfer or delegate Your Account or any of Your rights or obligations under these TOU. Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
WAIVER OF CLASS ACTIONS
To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Website or these TOU must be individually named. You hereby waive any right you may have for any dispute pertaining to the Website or these TOU to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.
SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOU are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOU shall remain in full force and effect. These TOU constitutes the entire understanding, and supersedes all other understandings, between You and HVAC Know It All concerning the subject matter hereof. No waiver of a right of a party under these TOU will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOU) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOU are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
LANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these TOU and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
APPENDIX A – ACCEPTABLE USE POLICY
NONE OF YOUR USER CONTENT OR FEEDBACK WILL:
(i) infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral right or other intellectual property or proprietary right, or right of publicity, privacy or confidentiality; (ii) violate, or encourages any conduct that would violate, any applicable law, rule or regulation or would give rise to civil or statutory liability; (iii) promote or contain illegal or harmful activities or substances, such as hazardous substances; (iv) be fraudulent, false, misleading or deceptive; (v) be defamatory, libelous, obscene, pornographic, vulgar or offensive; or (vi) be violent or threatening or promote discrimination, bigotry, racism, hatred, abuse, offense, violence, harassment or harm against any individual or actions that are any of the foregoing or;
contain opinions or notices (commercial or otherwise) or chain letters;
contain URLs or links to web sites or Website (to advertise Your company or web site or Website); or
be used by You to impersonate another person, living or dead.
YOU MAY NOT DO, OR ATTEMPT TO DO, ANY OF THE FOLLOWING IN CONNECTION WITH ANY OF THE WEBSITE:
use HVAC Know It All’s name, any HVAC Know It All trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HVAC Know It All’s express written consent;
violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Website;
register for more than one Account or register for an Account on behalf of an individual other than yourself;
use the Website for anything other than Your own personal purposes;
use the Website for any purpose that is illegal or fraudulent;
exploit, use, make available, rent, lend, sell, frame, mirror, perform, display, broadcast, publish, exhibit, transmit, distribute, license, modify, delete, copy, download, post, create adaptations or derivative works of any of the Website;
operate a server in connection with the Website, including, but not limited to, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any HVAC Know It All Content or User Content transmitted through the Website, or otherwise send altered, deceptive or false source-identifying information;
access or ascertain, or disclose, any other User’s password, account, Content, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly;
use the Website to “stalk”, harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any User;
take any action that imposes, or may impose (in HVAC Know It All’s discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes HVAC Know It All’s or the Website’ infrastructure;
interfere or attempt to interfere with the proper working of, or any activities conducted on or in the Website;
replicate the “look and feel” of the Website;
use any of the Website to, or solicit any other User to, build or join a product or service which competes the Website;
decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of the Website;
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter any computer, communication network, device (including Your Mobile Device), data, or the Website, or any other system, device or property;
violate, or attempt to violate, the security of the Website, or any User’s account, in any way through any means or device (e.g. spamming, hacking, crashing, uploading viruses or time bombs); or
systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.