PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
EnergyClimate Solutions, Inc. (“ECS”) reserves the right to revise these Terms and Conditions or any portion of them at
any time, without notice, by updating this posting. You are bound by any revisions and should periodically visit this
page to review the current Terms and Conditions that apply to your use of the ECS website. If you violate any of these
Terms and Conditions, your permission to use the content contained in our website automatically terminates and you
must immediately destroy any copies you have made of the content.
This website is provided by ECS and may be used for informational purposes only. Throughout these Terms and
Conditions, the words “we,” “us,” “our” and “ECS” refer to ECS, its divisions, subsidiaries and affiliates.
Copyright and Trademark Information
Copyright 2009 ECS or its affiliates. All rights reserved.
All of the trademarks, service marks and logos displayed on this website are registered and unregistered trademarks of
ECS or, if applicable, third parties who have licensed their trademarks to ECS. This website and the information that it
contains (“Content”) is the property of ECS, its affiliates and licensors, and is protected from unauthorized copying and
dissemination by United States copyright law, trademark law, international conventions and other intellectual property
laws. You are only permitted to use this website and its Content as expressly authorized by ECS. Nothing contained
herein transfers any express or implied right, title or interest in the website or its Content to you.
Use of ECS website and Content
You may download, view, copy and print Content from our website, subject to the following:
* Content may be used solely for personal, informational, or noncommercial purposes and may not be used for any
public or commercial purpose;
* Any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the
copyright notice at the bottom of the page;
* Content may not be modified or altered in any way; and
* No graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any
Content from our website in whole or in part without the prior written permission of ECS. Any rights not expressly
granted herein are reserved. Nothing on this website shall be construed as conferring any license under any of ECS’s or
any third party’s intellectual property rights, whether by estoppel, implication, or otherwise. ECS prohibits the use of
any ECS trademark, or any related graphic, as a “hot link” or “hyperlink” to any website unless expressly approved by
ECS.
Links to Third-Party Sites
Our website may provide links to websites operated by ECS outside of the United States as well as websites operated by
third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites
before you use them. Third-party links are provided solely as a convenience to you. When you use these links, you will
leave our website. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the
linked sites or the products or services of that third party. We do not review or control the content of third-party
websites and that content is not part of our website. We expressly disclaim any responsibility for the content of any
third-party websites linked to our website or the products or services of that third party. We do not make any
representations regarding the content or accuracy of materials on third-party websites or the products or services of third
parties.
Resume Submission
ECS may allow online submission of resumes in response to job postings on our website. Any personal information
provided in connection with the submission of a resume will be subject to our Privacy Statement. You agree not to post
any false or inaccurate biographical information. Recruiters representing candidates may not send candidates’ resumes
in response to job postings. There is a risk that your resume may be lost or intercepted by a third party if you submit it
through the ECS website. ECS cannot be held responsible for any loss arising from the transmission or use of resumes
obtained through the ECS website.
Disclaimers and Limitation of Liability
ECS does not warrant that its website will operate error-free or that its website and its server are free of computer
viruses and other harmful components. If your use of our website or the Content results in the need for servicing or
replacing equipment or data, ECS is not responsible for those costs.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE. THIS WEBSITE
AND ITS CONTENT, INCLUDING PRODUCT SPECIFICATIONS, ARE PROVIDED ON AN ‘AS IS’ AND ‘AS
AVAILABLE’ BASIS. ECS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR FITNESS FOR A
PARTICULAR PURPOSE. ECS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE
TEXT, GRAPHICS AND LINKS ON ITS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
UNDER NO CIRCUMSTANCES SHALL ECS BE LIABLE FOR ANY DIRECT, INDIRECT CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
OR RELIANCE ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT
CONTAINED ON ANY OR ALL SUCH WEBSITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES ON THIS WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ECS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT
LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VISUSES WHICH MAY AFFECT
YOUR EQUIPMENT, FAILURE OF MECHNICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION
LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY
INJURY, PROPERTY DAMAGE, OPERATOR ERRORS OR ANY FORCE MAJEURE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, AND SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
International Users
This website is controlled and operated in whole or in part by ECS from its offices within the United States of America.
ECS makes no representation that information on this website is appropriate or available for use outside the United
States. Those who choose to access this website from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnification
By using this website, you agree to defend, indemnify and hold harmless ECS, its subsidiaries, affiliates, officers,
directors, employees and agents, from and against any claims, actions or demands, losses, liabilities, and all costs and
expenses of defense, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your
use of the Content (including software), access to the website or your breach of these Terms and Conditions.
General Information
These Terms and Conditions represent the entire agreement between you and ECS relating to the subject matter herein
and shall not be modified except by ECS by updating this posting as provided herein or through a written document
signed by both parties.
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction,
that provisions will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
ECS may, at its sole discretion and without notice, revise such invalid or unenforceable provision of these Terms and
Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and
other purposes of such invalid or unenforceable provision, by updating this posting.
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Commonwealth
of Massachusetts, United States of America, notwithstanding any principles of conflicts of laws. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. You agree
that any legal action or proceeding between ECS and you for any purpose concerning these Terms and Conditions or the
parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in
the Commonwealth of Massachusetts, and all parties waive any objection to the personal jurisdiction or venue in such
courts.
Acknowledgment
By accessing this website, you agree to all of these Terms and Conditions and to comply with all applicable rules and
regulations, including, without limitation, U.S. export and re-export laws and regulations regarding the transmission of
technical data exported from the United States or the country in which you reside. You acknowledge that you have read
and understood these Terms and Conditions and that these Terms and Conditions have the same force and effect as a
signed document.
Contacting Us
If you have any questions about our Terms and Conditions of Use, please use the Contact Us page.
Privacy Policy:
ECS takes your privacy seriously. This statement states our policy and practices regarding the collection and use of
information on ECS websites. When we refer to ECS, we, or us, these references mean our entire company, including
our divisions, subsidiaries and affiliates.
The ECS privacy statement is subject to change from time to time and, if we update it, we will post these changes on
this page so that you will be aware of how we use your information.
In general, you can visit the ECS website without identifying yourself or revealing any personal information. In some
cases you may be given the opportunity and or choose to provide us with personally identifiable information
(information that can be used to identify you, such as your name, email address, telephone number, or similar
information). Information you provide voluntarily will only be used in connection with your business relationship with
ECS.
We will not use or share the personally identifiable information provided to us online in ways unrelated to the uses
described in this statement. We may disclose your personally identifiable information if required by applicable law,
regulation, or as part of a legal process.
We may automatically track certain information about your behavior while visiting our Web pages. We use this
information in order to measure our website’s performance and to improve its design and functionality.
By using the ECS website or by providing personal information, you consent to the collection and use of information
for the purposes set forth in this statement.
Most recent update: August 2009