TERMS AND CONDITIONS OF USE
Access to and use of this World Wide Web site is provided by TRANE INC. subject to these terms and conditions. Please read these terms and conditions carefully as use of this site or downloading materials from this site constitutes acceptance of these terms and conditions. . If you disagree with any of the terms and conditions, do not use this website or download materials from this site.
This website is a service operated by TRANE INC. on the World Wide Web of the Internet, consisting of information, resources, services and content provided by TRANE INC., affiliates of TRANE INC. and other third parties and may be used only for informational purposes and only for the benefit of Trane.
(A) This Agreement, which incorporates by reference other provisions applicable to use of this website, including, but not limited to, supplemental terms and conditions set forth herein governing the use of certain specific material contained in this website, sets forth the terms and conditions that apply to use of this website by you. By using this website (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions set forth herein or on this website and agree not to interrupt or attempt to interrupt the operation of this site in any way.
(B) The right to use this website is limited to you and is not transferable to any other person or entity. You are responsible for all use of this website by yourself (under any screen name or password) and for ensuring that all use complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password(s), if any.
(C) In its sole discretion, TRANE INC. shall have the right at any time to limit access to, to change or to discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) Unless otherwise specified, the website and use thereof are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website.
3. Changed Terms.
TRANE INC. shall have the right at any time to change or modify the terms and conditions applicable to your use of this website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting the changed or modified terms and conditions on this website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use or access of this website by you after such notice shall be deemed to constitute acceptance by yourself of such changes, modifications or additions.
You are responsible for obtaining and maintaining all communication equipment, computer hardware and other equipment or services needed for access to and use of this website and all charges related thereto.
5. Your Conduct and Submissions.
(A) You may use this website for lawful purposes only. You may not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which is or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, which might damage, impair or otherwise harm or adversely affect this website or its operation, or which, without TRANE INC.'s express prior approval, contains advertising or any solicitation with respect to products or services. Any such conduct, or any conduct by you that, in TRANE INC.'s sole discretion, restricts or inhibits any other user from using or enjoying this website, will not be permitted. You may not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other websites or services competitive with this website. More specifically : (i) you must use the website solely for the business purposes set forth on this site and agree that no false, misleading or erroneous information will be transmitted to Trane, (ii) you may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person, (iii) you may not post or transmit any message, data, image or program which is indecent, obscene or pornographic, (iv) you may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion, (v) you may not interfere with other user’s use of the website, (vi) you may not use any robot, spider, or other automatic device or process to monitor or copy Trane web pages or any portion of the content contained herein without Trane 's express prior written permission, (vii) you may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features, (viii) you may not post or transmit any message which is harmful, threatening, abusive or hateful, (ix) you may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, (x) you may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients, and (xi) you may not use the facilities and capabilities of the website to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(B) This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the United States copyright laws. TRANE INC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material only for your immediate viewing of this website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TRANE INC. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material or by accessing data available on this website.
(C) You may not upload, post or otherwise make available on this website any material or data protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material or data is not protected by copyright or other proprietary right rests with you. You are solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material or data to this website, including without limitation ideas contained therein for new or improved products and services, you automatically grant, and/or warrant that the owner of such material has expressly granted TRANE INC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, publicly display, publicly perform, and distribute such material or data (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant TRANE INC. the right to edit, copy, publish and distribute any material or data made available on this website by you. You also grant to Trane the right to use your name in connection with any submitted materials as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Trane for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Trane.
(D) The foregoing provisions of Section 5 are for the benefit of TRANE INC., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER TRANE INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
(B) THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) IN NO EVENT WILL TRANE BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TRANE INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL TRANE INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DISTRIBUTING THIS WEBSITE OR THE WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TRANE INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. TRANE INC., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT OR BUSINESS DECISIONS BASED ON ANY INFORMATION PROVIDED AND RECOMMENDS YOU OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONS. NEITHER TRANE INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Trane's liability is limited to the greatest extent permitted by law.
7. Personal Information, Monitoring, Logging and Data Mining.
(B) TRANE INC. shall have the right, but not the obligation, to monitor the content and/or use of this website to determine compliance with this Agreement and any operating rules established by TRANE INC. and to satisfy any law, regulation or authorized government request. TRANE INC. shall have the right in its sole discretion to refuse access or limit access to you, and to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, TRANE INC. shall have the right to remove any material that TRANE INC., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. By use of TRANE INC. websites, servers, processors or networks, you acknowledge and agree to the fact that TRANE INC. shall have the unrestricted right, but not the obligation, to log web addresses and/or mine other information and/or data relating to use of the website (a) to provide better support, websites, services and/or products to users of its website, products and/or services, (b) to verify compliance with the terms of this Agreement, (c) for use by TRANE INC. for statistical or other analysis of the collective characteristics and behavior of its users, (d) to backup website, user and other data or information and/or provide remote support and/or restoration, (e) to provide or undertake: usage analysis, histories or trending; engineering analysis, histories or trending; failure analysis, histories or trending; warranty analysis, histories or trending; energy analysis, histories or trending; predictive analysis, histories or trending; service analysis, histories or trending; product usage analysis, histories or trending; and/or other desirable analysis, histories or trending, and (f) to otherwise understand and respond to the needs of the users of TRANE INC.’s website, products and/or services. Such mining may entail the use of “cookies”, “IP addresses”, or other numeric codes or tracking mechanisms to identify a computer and/or user. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. Users who do not accept cookies may be unable to fully avail themselves of all of TRANE INC.’s websites, products and/or services and may have to reenter certain repetitive data each time that data is needed.
You agree to defend, indemnify and hold harmless TRANE INC., its affiliates and their respective directors, officers, employees and agents from and against all losses, damages, claims and expenses, including attorneys' fees, arising out of the use of this website by you and/or arising out of any violation of this Agreement by you.
Either TRANE INC. or you may terminate this Agreement. Without limiting the foregoing, TRANE INC. shall have the right to immediately terminate, without notice, your use of this website in the event of any conduct by you which TRANE INC., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. You may terminate this Agreement by providing written notice to Trane; if you do so, your access to the website may be terminated immediately. The provisions of Sections 5, 6, 8, 10 and this Section 9, and any other provisions of this Agreement which are intended by their nature to survive termination of this Agreement, shall survive termination of this Agreement.
TRANE INC., TRANE U.S. INC., TRANE INTERNATIONAL INC, and TRANE and each of their logos are trademarks of TRANE INC. All rights reserved. All other trademarks appearing on this website are the property of their respective owners. No license or transfer of rights in these trademarks or in other intellectual property is given unless expressly set forth in a written agreement signed by an authorized representative specifying the licensed or transferred trademark or property and enumerating the compensation therefore.
11. Third Party Content, Third Party Sites, and External Links to this Site.
(A) Neither TRANE INC. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content supplied by third parties, by the users or thru links off from this website, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) Moreover, you understand further that the Internet contains unedited materials some of which potentially be offensive to you. You access such materials at your risk. Trane has no control over and accepts no responsibility whatsoever for such materials.
(B)TRANE INC. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this website by anyone other than authorized TRANE INC. employee spokespersons while acting in their official capacities. UNDER NO CIRCUMSTANCES WILL TRANE INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. It is the responsibility of YOU to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(C) As a convenience to you, TRANE INC. may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. TRANE INC. makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that TRANE INC. or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of TRANE INC. or any of its affiliates or subsidiaries.
(D) All links to this Site must be approved in writing by TRANE INC., except that TRANE INC. consents to links in which: (i) the link is a text-only link containing only the name "TRANE INC.", or “TRANE”; (ii) the link "points" only to www.trane.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TRANE INC. nor be such as to damage or dilute the goodwill associated with the name and trademarks of TRANE INC. or its Affiliates. TRANE INC. reserves the right to revoke this consent to link at any time in its sole discretion.
12. Copyrights and Copyright Agent.
TRANE INC. respects the rights of all copyright holders and in this regard, TRANE INC. has adopted and implemented a policy that provides for the termination in appropriate circumstances of The Users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TRANE INC.'s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act or for web posting, reprint, transcript or licensing requests for TRANE INC. material, please contact:
One Centennial Plaza
Piscataway, NJ 08855-6820
For any questions or requests other than copyright issues or licensing requests, please contact:
One Centennial Plaza
Piscataway, NJ 08855-6820
13. Software or Copyrighted Materials
(A) Any software that is made available to download from the website ("Software") is the copyrighted work of TRANE INC. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms. The Software is made available for download solely for use by you according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
(B) WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TRANE INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(C) FOR YOUR CONVENIENCE, TRANE INC. MAY MAKE AVAILABLE AS PART OF THE WEBSITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. TRANE INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN TRANE INC. PRODUCTS.
14. Restricted Rights Legend.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is TRANE INC., One Centennial Plaza, Piscataway, NJ 08855-6820.
This website is controlled, operated and administered by TRANE INC. from its offices within the United States of America. TRANE INC. makes no representation that materials at this website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the materials from the website in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement and any operating rules for this website established by TRANE INC. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement, this website and the use thereof, and the use of data and materials on this website, shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. You hereby consent to jurisdiction and venue under the laws of the state of New Jersey, USA, and you agree that any legal action or proceeding between Trane and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey. By use of this website and any data or material contained therein, you agree that its use shall conform to all applicable laws and regulations and you shall not violate the rights of any third parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Note: Additional conditions may be required to use certain services or sub websites on this website.