While the Sites may be accessible worldwide via the internet, they are intended for our customers and end-users in the United States only. Products or services mentioned on the Sites might be unavailable or legally prohibited in your location. If you opt to access the Sites from outside the United State, you do so at your own risk and are solely accountable for complying with all relevant laws in your location.
The Sites are designed for individuals who are 18 (or the equivalent minimum age of majority in your jurisdiction) years of age or older. If you are between the ages of 13 (or the equivalent minimum age in your jurisdiction) and 18 (or the equivalent minimum age of majority in your jurisdiction), you agree you will only use the Sites under the direct supervision of a parent or legal guardian who agrees to be bound by the Terms themselves and on your behalf. If you are younger than 13 years old (or the equivalent minimum age in your jurisdiction), you must not use the Sites, and any such use is an express violation of these Terms.
The Sites are designed for individuals who are 18 (or the equivalent minimum age of majority in your jurisdiction) years of age or older. If you are between the ages of 13 (or the equivalent minimum age in your jurisdiction) and 18 (or the equivalent minimum age of majority in your jurisdiction), you agree you will only use the Sites under the direct supervision of a parent or legal guardian who agrees to be bound by the Terms themselves and on your behalf. If you are younger than 13 years old (or the equivalent minimum age in your jurisdiction), you must not use the Sites, and any such use is an express violation of these Terms.
You agree to follow any policies or guidelines associated with any of the Sites.
- Disclaimers, Limitation of Liability, Class-Action Waiver, and Indemnity: PLEASE CAREFULLY REVIEW THIS SECTION 2, AS IT PERTAINS TO DISCLAIMERS, LIMITATIONS OF LIABILITY, CLASS-ACTION WAIVERS, AND INDEMNITY.
Disclaimers Using the Sites is solely at your own risk, and you acknowledge that we are not responsible in any manner for your access or usage of the Sites.
To the greatest extent permissible under relevant law, the Sites are provided on an AS-IS, AS-AVAILABLE, WITH ALL FAULTS basis, and without any form of warranty—express, implied, statutory, or otherwise—including, but not restricted to, warranties of merchantability, fitness for a specific purpose, title, accuracy, or non-infringement. We expressly disclaim all warranties and representations.
This implies that we do not guarantee (and explicitly disclaim) that the Sites or your usage of the Sites will i) be punctual or uninterrupted, ii) yield any specific outcomes, iii) be devoid of defects, viruses (or other malicious code), corruption, hacking, content losses, errors, or omissions, iv) be precise, comprehensive, up-to-date, or useful, v) be rectified to address any defects, deficiencies, inaccuracies, or errors on the Sites, or vi) be secure. Any reliance on or from the Sites is strictly at your own risk.
You acknowledge that no website, including the Sites and any transmissions to or from it, is ever completely private or secure. You agree that submitting any information to us is at your sole risk, and you hereby release us from all liability relating to such information in any way.
Limitations on Disclaimers: Certain jurisdictions may not permit the exclusion of implied warranties or other warranty disclaimers. To the extent such laws are applicable to you, the aforementioned exclusions of implied warranties or other warranty disclaimers will not apply, only to the extent prohibited by relevant law.
Physical Product Warranties: Nothing in these Terms is intended to affect any individual product warranties for a specific physical product.
Limitations of Liability Nothing in these Terms, including this Limitation of Liability section, restricts or excludes (or will be construed or interpreted to exclude or limit) any liability that cannot be limited or excluded under applicable law.
Under no circumstances shall we (including TopTeam’s officers, agents, directors, affiliates, suppliers, dealers, distributors, contractors, employees, and licensors) be liable to you or any third party for any direct, indirect, incidental, punitive, special, or consequential damages arising from your usage of the Sites, regardless of whether TopTeam was aware or should have been aware or has been advised of such possibilities. This limitation applies to claims such as, but not limited to:
- based on any negligence of any kind or degree on our part or on the part of our officers’, agents’, directors’, affiliates’, suppliers’, dealers’, distributors’, contractors’, employees’, or licensors’;
- for any loss or damage of any kind incurred as a result of using the Sites, even if we were advised of its possibility; or
- for any direct, indirect, incidental, punitive, special, or consequential damages (e.g., lost profits) arising from your usage of the Sites.
You consent to absolve us from responsibility for any such claims.
In the event that a competent court decides that the aforementioned limitations are inapplicable and that you have grounds for obtaining damages—of any type and under any theory—due to your use or access of the Sites, you agree that your sole cumulative remedy for all claims is to recover from us i) all funds you have paid to us within the previous 6 months for use or access to the Sites, or ii) if you have not paid any funds to us within the previous 6 months for use or access to the Sites, ten U.S. dollars ($10.00).
Even if this Section 2 does not fully compensate you for your losses, fails for its essential purpose, or is otherwise deemed unenforceable, it will persist and be fully effective.
Limitation of Liability: Some jurisdictions disallow limitations on liability. For instance, certain jurisdictions do not permit limitations on liability for personal injury caused solely by gross negligence or willful misconduct. To the extent such laws are applicable to you, the above-provided limitations of liability will not apply, only to the extent prohibited by relevant law.
Indemnity: To the greatest extent allowable by law, you agree to indemnify and hold us harmless (including TopTeam’s officers, agents, directors, affiliates, suppliers, dealers, distributors, contractors, employees, and licensors) against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) related to any third-party claims resulting from or based on your access to or use of the Sites or your breach of these Terms.
Class-Action Waiver: We hope that no disputes arise between you and us. However, if they do, you agree to bring any claims arising from or based on the Sites or these Terms individually, and you will not combine your claim with any claim of another person or entity, whether through participation in a class-action proceeding or otherwise. To the fullest extent permitted by applicable law, no proceeding brought under these Terms shall be joined to another proceeding involving any other party subject to these Terms, whether through class-action proceedings or otherwise.
- Our Content: All content, including but not limited to images, text, trademarks, logos, artwork, designs, and code, found on the Sites is either owned by or licensed to us and is safeguarded by copyright, trademark, patent, or other intellectual property laws. Accessing or using our Sites does not confer any ownership or licensing rights to this content. You are not permitted to utilize content from our Sites without obtaining consent from the content’s owner or having legal authorization. Furthermore, you must not alter, remove, or obscure any legal notice accompanying the content.
Various trademarks, service marks, logos, and other source identifiers (collectively, “Marks”) are displayed on many of the Sites. All Marks, whether registered or unregistered, belong to Daikin, its corporate affiliates, licensors, or content providers. All Marks are the sole property of their respective owners. Accessing and using the Sites does not grant you—implicitly or otherwise—any license, usage rights, or ownership interest in any Marks.
- We reserve the right to modify, remove, or add content to our Sites without prior notice to you. Your Submissions: We welcome your comments and questions and will attempt to address as many of them as possible. However, before submitting any content to us, please carefully review the following guidelines.
In some cases, you may have the ability to submit (e.g., upload) content to or via the Sites. You must not submit any content to the Sites that i) is inappropriate, harmful, malicious, obscene, abusive, or defamatory; ii) infringes on the patent, trademark, trade secret, copyright, or other intellectual property or rights of another; iii) breaches the legal rights of others or results in any civil or criminal liability under applicable laws or regulations; or iv) otherwise contravenes these Terms. Additionally, you must not submit any content without the explicit permission of the content’s owner. We reserve the right to remove or reject any content you submit.
If you decide to provide content to us, we will not consider it confidential or proprietary. By submitting content, you grant us (and our agents, corporate affiliates, service providers, and each of our respective licensees, successors, and assigns) an irrevocable, perpetual, non-exclusive, fully transferable, sublicensable, and royalty-free license to use, reproduce, display, distribute, or create derivative works from any submitted content. You bear sole responsibility for any content you submit and agree to indemnify, defend, and hold us harmless from any third-party claims, actions, allegations, or liabilities arising from the content you submitted.
We acknowledge that many of you have innovative ideas to enhance the HVAC industry. However, we are engaged in numerous research and development initiatives—some of which may overlap with yours. Consequently, before sending us new ideas for products or services, contact our Legal department for specific instructions on how to proceed. If you choose to submit your ideas without following our guidance, whether via the Sites or other means, you agree that we may consider your submissions non-confidential and are permitted to use, distribute, or incorporate your submitted ideas without compensation or consideration. Naturally, we will respect intellectual property rights protected by a valid, enforceable patent.
- Third-Party Content and Links: Some of the Sites may include links to third-party services or resources, or feature third-party content, which may be supplied by other providers of the TopTeam. These Terms do not cover the policies or practices of such third parties, including other TopTeam providers, and do not grant you any rights concerning any products or services offered by those third parties. Your access to and use of any products or services provided by such third parties will be regulated by your separate agreement with them (including their specific terms of service and privacy policies). We offer these links and content for your convenience, and do not necessarily endorse or approve their materials, products, or services. Furthermore, we make no representations or warranties regarding, for instance, the accuracy, suitability, or appropriateness of the same. You will access or use any third-party content or links at your own risk, and you agree that we are not responsible in any manner for your access or use of such content or links.
In some cases, user comments regarding the Sites or our products or services may be displayed on the Sites or in other documents. These comments reflect the ideas or opinions of the Site users or our product and service users and do not necessarily represent our views or opinions.
- Privacy Your privacy is crucial to us. Our Privacy Policy applies to the Sites and is incorporated into these Terms by reference. If you are in a jurisdiction where data collection and processing necessitate consent, by accepting these Terms, you are, to the extent allowed by applicable law, providing your consent for the collection and use of your data following our Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy, the Privacy Policy takes precedence.
- Site Access and Termination: We may discontinue the Sites, either temporarily or permanently. Additionally, we may restrict or disable your access to the Sites without notifying you. If we determine that you have breached these Terms, we may immediately suspend or terminate your access to and use of the Sites.
- About these Terms: You agree that any dispute resulting from or based on the Sites or these Terms will be governed by the laws of the State of California, without regard to California’s conflict-of-law principles. All such disputes and claims will be brought exclusively in the state or federal courts located in Los Angeles, CA—with you and us consenting to the personal jurisdiction of these state and federal courts and waiving any claims regarding their lack of convenience.
These Terms, incorporating our Privacy Policy, represent the entire agreement between you and us concerning the Sites, and—except for a separate written agreement between you and us or additional terms on a specific Site—these Terms supersede any previous agreement between you and us regarding the Sites, including earlier versions of these Terms.
Our failure or any delay in enforcing any provision of these Terms will not be considered a waiver of our rights to enforce them.
If any provision of these Terms is deemed invalid or unenforceable, the invalidity or unenforceability of such provision will not impact the other provisions of the Terms, which will remain in full force and effect. In such instances, you agree that we may replace each invalid or unenforceable provision with a valid or enforceable provision that closely aligns with the objectives and intentions of the invalid or unenforceable provision.
If you have any questions or comments about these Terms, please feel free to submit them to us by emailing
[email protected].
