END USER LICENSE AGREEMENT
YOUR ACCESS TO AND USE OF THE DAIKIN SPLIT-XPRESS APP IS SUBJECT TO THE TERMS AND CONDITIONS BELOW ("TERMS") AND ALL APPLICABLE LAWS. BY VISITING THE DAIKIN SPLIT-XPRESS APP, YOU ACCEPT THESE TERMS, INCLUDING OUR PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. THE PRIVACY POLICY, WHICH YOU MUST READ, CONTAINS IMPORTANT INFORMATION ABOUT THE USE OF YOUR PERSONAL DATA AND OTHER INFORMATION REGARDING YOUR PRIVACY. ACCORDINGLY, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT VISIT THIS APP.
ABOUT US
Daikin North America LLC is headquartered at 5151 San Felipe, Suite 500, Houston, TX 77056. If you have any questions, complaints or comments regarding this App, you may contact us at EMAIL. When we say "we" or "us" or "Daikin" in these Terms, we mean Daikin North America LLC, our affiliates, and those agents we use to provide services on our behalf.
RELATIONSHIPS OF THIS AGREEMENT TO OTHER AGREEMENTS OR RELATIONSHIPS BETWEEN DAIKIN AND YOU
Nothing in these Terms shall alter the terms of any other agreement or other legal relationship between You and Daikin.
AUTHORIZED USE
You may use the Daikin App for your personal, informational, communication and educational use, but you may not use the App for any purpose other than your relationship with Daikin. You also may not use any robots, spiders, or other automatic devices to monitor or copy content on the Daikin App or otherwise attempt to interfere with the intended and efficient functioning of our App. You may not modify or tamper with any information contained on our App without the written permission of Daikin. You agree that you will not use the Daikin App in any way that may lead to the encouragement, procurement or carrying out of any criminal activity.
RULES AND GUIDES DOWNLOADS
Current Daikin approved printed versions of all Daikin App Files are available from Daikin.
The Daikin Split-Xpress App is proprietary to Daikin and are the subject of intellectual property rights reserved by Daikin. Except for the permission granted below, nothing contained herein shall be construed as conferring upon you in any manner any license, title or ownership of or in any intellectual property right of Daikin.
Daikin hereby grants you permission to download, copy and use, including posting to your Intranet site, the Daikin Split-Xpress. You hereby agree that any copy of the materials, in part or in whole, that you make shall retain all copyright and other proprietary notices contained therein and that the information will not be altered in any manner. You expressly agree that the files are solely for Your use and that you will not provide copies to anyone else.
Daikin makes every reasonable effort to ensure that the information provided in the posted electronic files represents complete, current and accurate information. However, Daikin makes no representation as to the completeness, currency or accuracy of such information.
INDEMNITY
You agree to indemnify and hold Daikin, and its officers, employees, representatives, contractors and agents ("Indemnified Parties") harmless from any liability, loss, claim and expense, including attorneys' fees and expenses, related to your violation of these Terms or your use of our App. At Daikin’s sole discretion, you agree to pay all attorney’s fees associated with any action that is under this indemnity clause.
DISCLAIMER AND LIMITATION OF LIABILITY
While Daikin uses reasonable efforts to include accurate and up-to-date information on this App, Daikin makes no warranties or representations as to its accuracy, currency or completeness. Daikin assumes no liability or responsibility for any errors or omissions in the content on this App. To the extent permitted by applicable law, everything on the APP is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by applicable law, in no event will Daikin be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the App or the use or reliance upon any of the content or any information accessed from the App.
LEGAL
This App may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this App may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Daikin may also make improvements and changes in the products and the programs described in this information at any time without notice.
These commodities, technology or software may only be exported from the United States in accordance with the Export Administration Regulations (15 CFR 730-774). Diversion contrary to U.S. law is prohibited.
TRADEMARKS
[LIST OF MARKS THAT MAY BE INCLUDED ON OR IN CAD FILES] are registered trademarks of the Daikin. Daikin reserves the right to prohibit the use of logos which are unacceptable to Daikin in close proximity or association with the Daikin logo.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Daikin with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 copyrighted 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Daikin’s designated Copyright Agent to receive notifications of claimed infringement is Attn: Associate General Counsel, 5151 San Felipe, Suite 500, Houston, TX 77056, email: mike.bryant@goodmanmfg.com. You acknowledge that if you fail to comply with all of the requirements of this Section entitled “Digital Millennium Copyright Act,” your DMCA notice may not be valid.
GOVERNING LAW
By accessing this App and the information contained therein, you agree with Daikin that any claim you may have against Daikin in contract, tort or otherwise in respect of any information or advice expressly or impliedly given on this App, or in respect of any inaccuracy herein or omission herefrom, shall be governed by the law of the State of Texas, U.S.A., without regard to its conflicts of laws rules.
DISPUTES
To the extent that there is not any another agreement that specifies a manner of dispute resolution between You and Daikin, a dispute relating to your use of the Daikin Split-Xpress App shall be submitted to confidential arbitration in Houston, Texas, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, Daikin may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Daikin Split-Xpress or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever waived.
SEVERABILITY
In the event that any provision contained in these Terms will be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of such provision in every other respect and the validity, legality and enforceability of the remaining provisions contained in these Terms will not be in any way impaired thereby.
REVISION TO TERMS AND WEBSITE.
Daikin may change or update the information posted on the Daikin Split-Xpress App, and the products and designs describer on the Daikin Split-Xpress App, at any time without notice.