Say Yes to Comfort | Upper Michigan Minnesota North Dakota Utah Southern Idaho Wisconsin Western Wyoming

TERMS AND CONDITIONS OF USE

Access to and use of this World Wide Web site is provided by American Standard Heating & Air Conditioning, a business of Trane U.S. Inc. (“American Standard Heating & Air Conditioning”) 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.

1. Definitions.

This website is a service operated by American Standard Heating & Air Conditioning on the World Wide Web of the Internet, consisting of information, resources, services and content provided by American Standard Heating & Air Conditioning, affiliates of American Standard Heating & Air Conditioning and other third parties and may be used only for informational purposes and only for the benefit of American Standard Heating & Air Conditioning.

2. General.

(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, American Standard Heating & Air Conditioning 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.

American Standard Heating & Air Conditioning 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.

4. Equipment.

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 American Standard Heating & Air Conditioning'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 American Standard Heating & Air Conditioning'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 American Standard Heating & Air Conditioning, (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 American Standard Heating & Air Conditioning web pages or any portion of the content contained herein without American Standard Heating & Air Conditioning'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. American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning the right to edit, copy, publish and distribute any material or data made available on this website by you. You also grant to American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning for any alleged or actual infringement or misappropriation of any proprietary right in your communications to American Standard Heating & Air Conditioning.

(D) The foregoing provisions of Section 5 are for the benefit of American Standard Heating & Air Conditioning, 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 AMERICAN STANDARD HEATING & AIR CONDITIONING, 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 AMERICAN STANDARD HEATING & AIR CONDITIONING 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 AMERICAN STANDARD HEATING & AIR CONDITIONING 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 AMERICAN STANDARD HEATING & AIR CONDITIONING, 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, AMERICAN STANADRD HEATING & AIR CONDITIONING, 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. AMERICAN STANDARD HEATING & AIR CONDITIONING, 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 AMERICAN STANDARD HEATING & AIR CONDITIONING, 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, American Standard Heating & Air Conditioning's liability is limited to the greatest extent permitted by law.

7. Personal Information, Monitoring, Logging and Data Mining.

(A) Any personally identifiable information you may provide to American Standard Heating & Air Conditioning via this website is protected by the Privacy Policy associated with this website. American Standard Heating & Air Conditioning does not want you to, and you should not, send any confidential or proprietary information to American Standard Heating & Air Conditioning via the website. You agree that any information or materials that you or individuals acting on your behalf provide to American Standard Heating & Air Conditioning will not be considered confidential or proprietary. By providing any such information or materials to American Standard Heating & Air Conditioning, you grant to American Standard Heating & Air Conditioning an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that American Standard Heating & Air Conditioning is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to American Standard Heating & Air Conditioning. You further recognize that American Standard Heating & Air Conditioning does not want you to, and you warrant that you shall not, provide any information or materials to American Standard Heating & Air Conditioning that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

(B) American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning and to satisfy any law, regulation or authorized government request. American Standard Heating & Air Conditioning 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, American Standard Heating & Air Conditioning shall have the right to remove any material that American Standard Heating & Air Conditioning, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. By use of American Standard Heating & Air Conditioning websites, servers, processors or networks, you acknowledge and agree to the fact that American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning 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 American Standard Heating & Air Conditioning’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 American Standard Heating & Air Conditioning’s websites, products and/or services and may have to reenter certain repetitive data each time that data is needed.