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Terms of service
DESCRIPTION OF SERVICE www.aircoolertechnology.com (the Site) currently provides users with a limited, term, revocable license to access a business portal offering value-added services that leverages the Internet. In order to use specific services offered through the Site, you may be required to enter into a separate terms of service agreement or written agreement for that particular service and pay a fee for such service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of Site properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that Heat Transfer Technology Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. YOUR REGISTRATION OBLIGATIONS In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Heat Transfer Technology Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Heat Transfer Technology Inc has the right to immediately suspend or terminate, without notice, your account and refuse any and all current or future use of the Service (or any portion thereof). PRIVACY POLICY Pursuant to Heat Transfer Technology Inc’s privacy policy, we may disclose to Site buyers, suppliers, marketplaces and service providers certain information contained in your Registration Data specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms. For more information, please see our full privacy policy posted on the Site. MEMBER ACCOUNT, PASSWORD, & SECURITY You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Heat Transfer Technology Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Heat Transfer Technology Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules, laws, and directives regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. INDEMNITY You agree to indemnify and hold Heat Transfer Technology Inc and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. MODIFICATIONS TO THE SERVICE Heat Transfer Technology Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Heat Transfer Technology Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. TERMINATION You agree that Heat Transfer Technology Inc, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if Heat Transfer Technology Inc believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Heat Transfer Technology Inc may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Heat Transfer Technology Inc may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Heat Transfer Technology Inc shall not be liable to you or any third-party for any termination of your access to the Service. PROPRIETARY RIGHTS You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Heat Transfer Technology Inc or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Heat Transfer Technology Inc EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.LTRAC MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (v) ANY GOODS OR SERVICES FROM THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEAT TRANSFER TECHNOLOGY INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEAT TRANSFER TECHNOLOGY INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEAT TRANSFER TECHNOLOGY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE INACCURACY OF THE DATA; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, HEAT TRANSFER TECHNOLOGY INC. 'S LIABILITY SHALL NEVER EXCEED THE MONIES PAID DIRECTLY TO LTRAC IN CONNECTION WITH THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM. NOTICE Notices to you may be made via either email or regular mail. Heat Transfer Technology Inc may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service PUBLICITY You grant to Heat Transfer Technology Inc the right to issue press releases listing you as a customer of the Service and to display your logo on Heat Transfer Technology Inc’s customer list and websites. OWNERSHIP The Site and all intellectual property rights included in or related to the Site (including but not limited to copyrights, trademarks and service marks), are owned or licensed by Heat Transfer Technology Inc, and all right, title and interest in the Site and the intellectual property rights remain the property of Heat Transfer Technology Inc. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content is licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. PROPERTY RIGHTS Heat Transfer Technology Inc. shall own all copyright, patent rights, trade secrets and other property rights with respect to any software, documentation, user technical manuals, logic, structure, including the concepts, methodology and technology inherent in the Heat Transfer Technology Inc products or other materials which may be delivered under this Agreement. User agrees that Heat Transfer Technology Inc will continue to own all intellectual property and data that is accessed through the www.aircoolertechnology.com website. User will be granted access to the data they subscribe to and will continue to have access to that data as long as they are current on their subscription payments. Access to the data will be through the www.aircoolertechnology.com website and can only be used in the confines of that application If User decides to not renew the subscription at the end of the designated period, they agree to stop using all the data immediately. GENERAL INFORMATION The Terms constitute the entire agreement between you and Heat Transfer Technology Inc and govern your use of the Service, unless an expressed written agreement has been executed between Heat Transfer Technology Inc and your company in which case the executed agreement between your company and Heat Transfer Technology Inc would apply to the extent there is a conflict between the Terms and said agreement. The failure of Heat Transfer Technology Inc to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. You may not access, download, use or export the information, software, products or services contained on this Site in violation of U.S. export laws or regulations, or in violations of any applicable local laws or regulations or for the purposes of resale.
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Heat Transfer Technology Inc. undertakes to store Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity. Heat Transfer Technology Inc undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines. Heat Transfer Technology Inc undertakes to transmit Your Data in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity. Heat Transfer Technology Inc undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behavior by Heat Transfer Technology Inc’s staff-members and contractors. These include: • training for staff in relation to privacy; • access control, to limit access to Your Data to those staff and contractors who have legitimate reasons to access it; • particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data; • reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behavior; • declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behavior • clear communication of policies and sanctions; and • processes to audit, to investigate and to impose sanctions.