Access to and use of this World Wide Web site is provided by TRANE LEASING,
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.
1. Definitions.
This website is a service operated by TRANE LEASING INC. on the World Wide
Web of the Internet, consisting of information, resources, services and content
provided by TRANE LEASING INC., affiliates of TRANE LEASING INC. and
other third parties and may be used for informational purposes only.
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, TRANE LEASING 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 LEASING 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 on this website, or by electronic or
conventional mail, or by any other means by which you obtain notice thereof.
Any use 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.
(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
LEASING 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 LEASING 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.
(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 LEASING 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 LEASING 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 does 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 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, you automatically
grant, and/or warrant that the owner of such material has expressly granted
TRANE LEASING INC. the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate 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 LEASING
INC. the right to edit, copy, publish and distribute any material or data made
available on this website by you.
(D) The foregoing provisions of Section 5 are for the
benefit of TRANE LEASING 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 AGREES THAT USE OF THIS WEBSITE IS
AT YOUR SOLE RISK. NEITHER TRANE LEASING 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) THIS DISCLAIMER OF LIABILITY APPLIES TO 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 LEASING 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 LEASING INC., OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DISTRIBUTING
THIS WEBSITE OR THE THIS 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 LEASING 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
LEASING 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 LEASING 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.
7. Personal Information, Monitoring, Logging and Data Mining.
(A) Any personally identifiable information you may provide to TRANE LEASING
INC. via this website is protected by the Privacy Policy associated with this
website. TRANE LEASING INC. does not want you to, and you should not, send
any confidential or proprietary information to TRANE LEASING INC. via the
website. You agree that any information or materials that you or individuals
acting on your behalf provide to TRANE LEASING INC. will not be considered
confidential or proprietary. By providing any such information or materials to
TRANE LEASING INC., you grant to TRANE LEASING INC. 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 TRANE LEASING INC. is free to use any ideas,
concepts or know-how that you or individuals acting on your behalf provide to
TRANE LEASING INC.. You further recognize that TRANE LEASING INC. does
not want you to, and you warrant that you shall not, provide any information or
materials to TRANE LEASING INC. that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that incorporates the proprietary material
of another.
(B) TRANE LEASING 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 LEASING INC.
and to satisfy any law, regulation or authorized government request. TRANE
LEASING 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 LEASING INC. shall have the right to remove any material that
TRANE LEASING INC., in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.By use of TRANE LEASING INC.
websites, servers, processors or networks, you acknowledge and agree to the
fact that TRANE LEASING 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
LEASING 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 LEASING 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
LEASING INC.'s websites, products and/or services and may have to reenter
certain repetitive data each time that data is needed.
8. Indemnification.
You agree to defend, indemnify and hold harmless TRANE LEASING INC., its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of this website by you.
9. Termination.
Either TRANE LEASING INC. or you may terminate this Agreement without
limiting the foregoing, TRANE LEASING INC. shall have the right to
immediately terminate your use of this website in the event of any conduct by
you which TRANE LEASING INC., in its sole discretion, considers to be
unacceptable, or in the event of any breach by you of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
10. Trademarks.
TRANE LEASING INC., AMERICAN STANDARD COMPANIES, AMERICAN STANDARD
INTERNATIONAL INC, TRANE and WABCO and each of their logos are trademarks of
TRANE LEASING 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 therefor.
11. Third Party Content, Third Party Sites, and External Links to this Site.
(A) Neither TRANE LEASING 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.)
TRANE LEASING 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 LEASING INC. employee spokespersons while
acting in their official capacities. UNDER NO CIRCUMSTANCES WILL TRANE
LEASING 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.
(B) As a convenience to you, TRANE LEASING 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 LEASING 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 LEASING 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 LEASING INC. or
any of its affiliates or subsidiaries.
(C) All links to this Site must be approved in writing by TRANE LEASING
INC., except that TRANE LEASING INC. consents to links in which: (i) the
link is a text-only link containing only the name "TRANE LEASING INC.",
"TRANE", or "WABCO"; (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
LEASING INC. nor be such as to damage or dilute the goodwill associated with
the name and trademarks of TRANE LEASING INC. or its Affiliates. TRANE
LEASING INC. reserves the right to revoke this consent to link at any time in
its sole discretion.
12. Copyrights and Copyright Agent.
TRANE LEASING INC. respects the rights of all copyright holders and in this
regard, TRANE LEASING 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 LEASING 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:
1. A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. 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;
3. 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;
4. Information reasonably sufficient to permit us to contact the complaining
party;
5. 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
6. 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 LEASING INC.
material, please contact:
Copyright Agent
TRANE LEASING INC. Center
One Centennial Plaza
Piscataway, NJ 08855-6820
For any questions or requests other than copyright issues or licensing requests,
please contact:
Legal Department
TRANE LEASING INC. Center
One Centennial Plaza
Piscataway, NJ 08855-6820
13. Software or Copyrighted Materials.
Any software that is made available to download from the website ("Software") is
the copyrighted work of TRANE LEASING 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.
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 LEASING 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.
FOR YOUR CONVENIENCE, TRANE LEASING INC. MAY MAKE AVAILABLE AS PART OF THE
WEBSITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. TRANE LEASING 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 LEASING 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 LEASING INC., One Centennial Plaza, Piscataway, NJ
08855-6820.
15. Miscellaneous.
This website is controlled, operated and administered by TRANE LEASING INC.
from its offices within the United States of America. TRANE LEASING 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 LEASING 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. 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 on
this website.
