Notice – provided by ASRAE:
“This web site describes the activities of ASHRAE SSPC 135. It does not present official positions of the Society nor reflect Society policy. ASHRAE is not responsible for this site’s content. The ASHRAE home page is located at http://www.ashrae.org.”
ASHRAE and BACnet are registered trademarks of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329.
Thank you for visiting our website. Your use of this website and services (collectively referred to herein as the “Site”) is governed by this document, which constitutes a legal agreement between you, the Site user, and BACnet International, 2900 Delk Road, Suite 700, PMB 321, Marietta, GA 30067.
The Site is offered to you in exchange for your acceptance of these Terms of Service. By using the Site, you are expressing your acceptance of and intent to be bound by the terms herein. Please read carefully and save an electronic or printed copy for your records. If, at any time, you no longer agree to be bound by the Terms of Service, you must terminate the usage of the Site.
We reserve the right to revise and update these Terms of Service from time-to-time, but in no instance shall revisions apply retroactively; that is, Terms of Service govern the Services beginning on the date they are posted to the Site and apply to uses from that date forward. We urge you to access these Terms of Service periodically for changes. Your use of the Site after new Terms of Service have been posted will constitute your acceptance of those terms. BACnet International will keep the most recent past version of these Terms of Service on file and will provide you with a copy of the current or past Terms of Service upon your request.
Individuals not of age to form a binding contract or barred from doing so by the laws of any relevant jurisdiction may not use the Site.
II. Site Content and Access
The content provided on this Site is made accessible to you for educational and informational purposes only. You may only use this website for lawful purposes and for the purposes for which this Site was intended. You may not interfere with the security or otherwise abuse this Site, its system resources, and any networks connected to or accessible through this Site. Any violation of this provision could result in civil liability and criminal charges.
III. Intellectual Property
All content on this Site is the property of BACnet International and its licensors and may be protected by intellectual property laws including copyright, trademark, and other laws. All intellectual property rights in the Site and the content and services available thereon are expressly reserved by BACnet International and its licensors.
BACnet International grants to you a personal, royalty-free, non-assignable and non-exclusive license to access and use this Site and its content. This license is granted to allow you to use the Site and content provided. No right, interest, or title is provided or granted by this paragraph.
The content may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the content is not modified and that any copyright and other intellectual property notices are not deleted. You may not, or permit anyone else, to copy, modify, or create a derivative work from any Site content.
BACnet International warrants that it has obtained all necessary permissions and licenses of third-party intellectual property that it has posted. Any individuals who believe that their intellectual property rights have been infringed upon by or through the BACnet International Site should contact us to request that the materials be removed.
IV. User-Submitted Content
Certain areas of the Site may allow you to submit your own original content. You represent by submitting any content to the Site that you are either: (a) the creator and owner of such content, (b) claiming reasonable fair use, or (c) that you have obtained all necessary licenses and permissions required to allow you to post the content to Site and license it to BACnet International in accordance with this paragraph. You retain copyright and other proprietary and intellectual property rights in content you submit, post, display, or share on or through the Site. By submitting your content to BACnet International, however, you grant to BACnet International a perpetual, irrevocable, royalty-free, non-exclusive license to reproduce, adapt, modify, use, and distribute any content you submit, post, display, or share on or through the Site.
You also agree that you will not use any name, logo, or other trademark of any entity in a way that is likely or intended to cause confusion about the origin or authorized users of such marks, names, or logos.
In the areas of the Site, which allow you to submit content, the responsibility for all content belongs solely to the person from which such content originated. You may not, or permit anyone else to, copy, modify, create a derivative work from content submitted by another content contributor, unless you have permission from that content contributor in writing.
In addition, information submitted must be purely educational in nature. It cannot include any reference – visual, written, or verbal, that promotes or gives commercial advantage to a company, product or service. This includes soliciting information from users for marketing purposes, e.g., surveys or questionnaires.
We reserve the right to screen, review, filter, modify, or remove any content posted by any user to the Site, but has no obligation to do so. As such, you understand that in using the Site, you may be exposed to certain content that you find offensive, indecent, or objectionable. If you encounter such content, please contact us.
Any individuals or entities who believe that their intellectual property rights have been infringed upon by or through user-submitted content should contact us to request that the materials be removed. We will investigate the request and remove content as appropriate, and where possible.
We may have access to and may collect certain information pertaining to you when you visit and use the Site.
You expressly agree that your use of the Site is at your sole risk and that the Site is provided on an “as is” basis. The Site and its content are provided without representation, warranty, or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties, or conditions of merchantability, or fitness for a particular purpose. Though we will make our best efforts in its operation and maintenance of the Site, it cannot warrant the following:
- BACnet International does not warrant that the Site and the content available thereon are accurate or that they will meet any of your particular needs.
- BACnet International cannot warrant that the Site will be available at any particular time, uninterrupted, free from error, or secure.
- BACnet International disclaims responsibility for any harm done to your system or other devices, or any loss of data that occurs because of content accessed or downloaded through the Site, including viruses, or by use of the Site.
- BACnet International hereby disclaims all liability for the opinions and information supplied by others to the Site. No content available on BACnet International’s Site should be construed as an endorsement of any particular product or service not offered by BACnet International.
VII. Limitation of Liability
In any event, the total maximum aggregate liability of BACnet International under these terms of service or for your use of the Site and content in any matter whatsoever shall be limited to one-hundred ($100.00) U.S. Dollars.
You agree to indemnify, defend and hold harmless BACnet International, and its officers, directors, partners, agents, contractors, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorneys’ fees (collectively “Claims”) arising out of or caused by content you post to the Site. This provision specifically includes, but is not limited to, claims of intellectual property infringement and defamation. BACnet International shall not have waived or be deemed to have waived, by reason of this paragraph, any defense which it may have respect to such Claims.
IX. Links and Other Content
The Site may include hyperlinks to other websites and resources. We have no control over any third-party site, resource, or content. You understand and acknowledge that BACnet International is not responsible for any third-party site, resource, or content, and does not endorse any of that site’s content, including advertising content.
You agree that BACnet International is not liable for any loss or damage which may be incurred as a result of your access of external sites, resources, and content, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such sites, resources, or content.
X. User Account and Purchases
You are responsible for maintaining the confidentiality of your electronic account, including passwords, and controlling electronic access to your account. You assume responsibility for everything that happens under your account login. You agree to notify us immediately if you become aware of any unauthorized access of your account, stolen login information, or other breach of security. You may not, at any time, use another member’s login information to access the Site. While we employ reasonable safeguards to protect access to the account areas of the Site, it cannot be responsible for any act of those who gain unauthorized access to your account.
In the event you create an electronic account on the Site, you agree to give us accurate and current login, contact, and payment information connected with your account. You also agree to continually update your information as it changes.
To purchase any goods or services through the Site, you must be at least eighteen (18) years old, or the applicable state/country age of majority, whichever applies. You must provide us with a valid credit card number and related information, containing: (1) your name as it appears on the card, (2) your credit card number, (3) the credit card type, (4) the expiration date, (5) any activation numbers required to make a charge to your card. By submitting these items of information to use, you authorize BACnet International to charge your card at its convenience, but within thirty (30) days of credit card authorization. All sales of goods and services are final. All charges from sales are nonrefundable. Currently, BACnet International accepts VISA, MasterCard, Discover, and American Express. Note that your card issuer, and not BACnet International, governs your use of your credit card.
If BACnet International does not receive payment from your credit card company for charges authorized by you within sixty (60) days of your authorization, you agree to pay BACnet International upon its demand for payment. You are responsible for the payment of any taxes owed on your purchases, wherever applicable.
BACnet International’s confirmation of your payment does not constitute an acceptance of your purchase order or registration. BACnet International reserves the right to review all transactions for mistakes, price discrepancies, or any other reason which may require sending you a notice of refusal. In such cases, your purchase or registration fee will be refunded. In some instances, BACnet International may require additional information to process an order or registration. You agree to timely provide the necessary information required to complete the transaction.
These Terms of Service are intended to be a valid and legally-binding contract between you and BACnet International You expressly agree to consent to the jurisdiction of the State of Georgia and to resolve any disputes arising from these Terms of Service exclusively in the courts residing in that state. All questions with respect to the construction of this Agreement and the rights and liabilities of you and BACnet International shall be determined in accordance with the applicable provisions of the laws of the State of Georgia, without regard to its conflict of laws provisions. Notwithstanding this paragraph, BACnet International shall have the right to seek injunctive remedy in any jurisdiction it chooses.
These Terms of Service constitute the entire legal agreement between you and BACnet International, and incorporate the herein referenced policies by reference. These Terms of Service completely replace any prior agreements between you and BACnet International in relation to the Site.
You agree that BACnet International may notify you of changes to these Terms of Service by posting a revised version on the Site. You agree to monitor the Site for changes to the Terms of Service.
If any court of law should, in exercising its valid jurisdiction over the matters herein, rule that any part of these Terms of Service is invalid, then that part shall be removed without affecting the rest of these Terms of Service. The remaining Terms of Service will continue to be valid and enforceable.
XII. BACnet International Contact Information
2900 Delk Road
Suite 700, PMB 321
Marietta, GA 30067