Daikin Applied Latin America, L.L.C.

Terms and Conditions of Use and Privacy Statement

Welcome!

 

Please read these Terms and Conditions (“Terms and Conditions”) carefully before start using Daikin Applied Latin America, L.L.C. (“Daikin Applied”) website www.Daikin Appliedlatam.com (“Site”). By accessing and browsing the Site, you agree to be bound by the Terms and Conditions. If you do not agree, you may not use the Site.

 

Terms and Conditions of Use

 

Daikin Applied may modify these Terms and Conditions of use at any time, in its sole discretion, and such modifications shall be effective immediately upon posting. You agree to review these Terms and Conditions periodically to be aware of such modifications. You further agree that your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement. By using the Site you acknowledge that Daikin Applied has no obligation to provide the Site and may alter or end the Site at any time, in its sole discretion.

 

1. Participation

Your participation in on-line communications is not edited, censored, or otherwise controlled by Daikin Applied. Daikin Applied does not and cannot screen content provided by users. Nevertheless, Daikin Applied reserves the right to monitor content on the Site and to remove content which Daikin Applied, in its sole discretion, determines to be harmful, offensive, illegal, or in violation of these Terms and Conditions of Use. The following rules shall apply:

A. You must use your real name in all online communications.
B. You may not post or transmit any material which Daikin Applied in its sole discretion deems indecent, obscene, pornographic, defamatory, threatening, abusive, offensive and/or harmful, which discloses private or personal information concerning any person, any material which would violate the property rights of others including, without limitation, copyrighted text, images, audio files, or programs, trade secrets, or other confidential or proprietary information, nor use trademarks or Daikin Applied marks in an infringing manner.
C. You may not interfere with others' use of the Site.
D. You may not post or transmit any destructive programming or files, including without limitation code or files containing viruses, Trojan horses, or worms.

E. You may establish hyperlinks to our Home Page for your own use, but may not link to other pages within our site. You may not create any link to our Website for any commercial purpose, nor use any other technology, such as framing, which suggests to others that our Website is provided or sponsored by anyone other than Daikin Applied.

F. You may not post or transmit any charity requests, petitions, chain letters or messages pertaining to multi-level marketing or pyramid schemes, advertising, promotional materials or other solicitations of others to provide or acquire goods.
G. You may not use the Site to conduct any illegal activity or to solicit any illegal activity or other activity that infringes the rights of others.

2. Trademarks

All of Daikin Applied trademarks, logos and service marks (collectively "Trademarks") displayed on the Site are owned or used under license by Daikin Applied or its affiliates. You gain no right to use any marks of Daikin Applied or any other entity by virtue of your use of the Site. Names of products or services, images of people, places or products, information, software, scripting, text, video, graphics, music, sounds and other materials and services (collectively "Content") displayed or accessed on the Site are either the property of, or used with permission by, Daikin Applied. The use of the Content by you, or anyone else authorized by you, is strictly prohibited unless specific permission is provided elsewhere on the Site. Any unauthorized use of the Content may violate U.S. and international copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes and/or treaty provisions. In addition to the rights Daikin Applied has in the individual elements of the Content, Daikin Applied also owns a copyright in the selection, and arrangement of the Content. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of Daikin Applied. Your misuse of the Trademarks displayed on the Site, or any other Content displayed on the Site, except as provided in these terms and conditions, is strictly prohibited.

3. Copyrights

The entire contents of the Site and the Daikin Applied materials accessed through the Site are copyrighted under U.S. copyright laws. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use subject to the other terms and conditions of use for the Site (including, without limitation, the confidentiality provisions, and the provisions of your separate contractual agreements with Daikin Applied). You may make: (a) one machine readable copy, (b) one back up copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for your non-commercial use. Daikin Applied does not warrant or represent that any materials on the Site will not infringe on the rights of third parties not affiliated with Daikin Applied, and the user of any such content assumes full liability for any damages arising out of or relating to such permitted use. Any other transmission, modification, re-use, posting, copying, distribution or publication of any material is strictly prohibited without the express written consent of Daikin Applied and of any third party who has supplied information to the Site. You agree not to delete or modify any proprietary notices from materials downloaded from the Site.

4. Use of Submissions

You hereby grant Daikin Applied a non-exclusive, royalty free, paid up, perpetual, worldwide license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and perform (in all existing or future media) any information (including without limitation ideas for new or improved products and the Site) which you may submit to public areas of the Site, including without limitation Bulletin Boards, forums, and news groups, or submit directly to us via email. You agree that you shall have no recourse against Daikin Applied for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

5. Limited Liability

You assume total responsibility and risk for your use of the Site and of the Internet. Daikin Applied does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site and any software or information made available are provided on an "AS IS, AS AVAILABLE" basis. While Daikin Applied will try to provide accurate and timely information through the Site, there may be inadvertent technical or factual inaccuracies and typographical errors. Daikin Applied does not warrant the accuracy, completeness or timeliness of the information, links, or other items provided through the Site. Daikin Applied specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the Site. Daikin Applied specifically disclaims all warranties of merchantability, fitness for a particular purpose, or other express or implied warranties. Daikin Applied disclaims all warranties, express or implied, to any third party. Daikin Applied reserves the right to make changes and corrections to the Site and/or the information provided through the Site, at any time, without notice. Daikin Applied shall not be liable for any incidental, consequential, or indirect damages arising out of the use or inability to use the Site, or any information provided on the Site or hyperlinks from the Site, even if Daikin Applied has been advised of the possibility of such damages, or any claim resulting from errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through or hyperlinked from the Site.

6. Indemnity

You agree to defend, indemnify, and hold Daikin Applied, its officers, directors, shareholders, affiliates, agents, employees, and licensors harmless and to defend them against all claims, losses, expenses, damages and costs, including without limitation reasonable attorney’s fees, resulting from any violation of these Terms and Conditions by you.

7. Governing Law and Jurisdiction

These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida, excluding any conflicts of laws statutes and the United Nations Convention on the International Sales of Goods. The laws of the United States shall apply when Florida State law does not. You agree that any legal action or proceeding between Daikin Applied and you concerning these Terms & Condition or the Site, shall be brought exclusively in the courts of the State of Florida and you hereby consent to the subject matter and personal jurisdiction of such courts. Any cause of action or claim you may have with respect to the Site must be brought within one year after the claim or cause of action arises or it shall be barred. Daikin Applied's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of such provision or right. Neither the course of dealing between the parties nor the practices of others in a similar trade, business, or industry shall act to modify any provision of these Terms and Conditions. Daikin Applied may assign its rights and duties under these Terms and Conditions to any party at any time without notice or consideration.

8. Security

Access to the Site is based upon the nature of your relationship with Daikin Applied and use of a User Login ID and password where applicable. This Site will provide commercially available, reasonable security measures. However, you understand and acknowledge that certain risks are inherent in the transmission of information over the Internet and you agree to assume the risk for the transmission of information you provide to use the Site. You agree that you will access only those areas of the Site and only that information on the Site pertaining to you and only as authorized by your employer and Daikin Applied. You further agree that only authorized persons shall be provided with your assigned User Login ID and password, that you are solely responsible for controlling and/or authorizing access to or use of the User Login ID and password, and that you shall be solely liable for all authorized and unauthorized access using the User Login ID and password. Without limiting any other provision of these Terms and Conditions, you agree, for yourself and your employer, that Daikin Applied shall have no liability for any claim, loss or damages arising out of access to the Site by anyone using your Login ID and/or password. You agree to change your password at least once every 90 days, or more frequently as may be requested by Daikin Applied.

9. Confidentiality

You agree that the information you receive through the Site is confidential. You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Daikin Applied of the unauthorized access and assist Daikin Applied in identifying and correcting the circumstances which permitted such unauthorized access. All information you receive concerning another individual or entity will be kept confidential, shall be returned to Daikin Applied immediately, shall not be transmitted to any other person or entity, and shall not be retained in any electronic or other form.

10. Termination

The provisions of these Terms and Conditions shall survive termination of the Site and your use of the Site. All rights not expressly granted herein are reserved.

 

Privacy Statement

Daikin Applied recognizes its obligation to protect the privacy and safety of its online guests. Daikin Applied has developed these privacy and safety practices to maintain these standards.

1) Personal Information

Daikin Applied will collect no personal information about you when you visit the Site unless you choose to provide that information to us. Daikin Applied doesn’t require any personal information for access to most of the Site. Any personal information that you provide by email or Web forms will be used only for such purposes as are described at the point of collection, such as to respond to your questions or comments, or to send information or products to you. If you provide contact information, Daikin Applied staff or our contractors may contact you to clarify your comment or question, or to learn about your level of customer satisfaction with our services. Daikin Applied uses user contact information to provide better products and service and to send you information or promotional materials you request. You may decline the opportunity to receive future mailings; your personal information will remain in our database, however. Daikin Applied will not disclose any personal information to third parties except when it is required to complete a customer-requested transaction or delivery, or if a court subpoenas this information.

2) Protection of Minors’ Personal Information

This Site does not publish content that is targeted to minors. It is a policy of Daikin Applied that no information should be submitted to or posted at the Daikin Applied Web site by children 16 years of age or under without the consent of a parent or guardian. This Site does not actively seek any demographic or preference information from children, nor will it ever disclose any personally identifying information regarding children to third parties.

3) Statistical vs. Personal Information

Some non-personal information may be collected and stored automatically when you visit the Site. If you do nothing during your visit but browse through the Web site, read pages or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. Our system collects data in the server log that may include IP address, domain name, type of browser, operating system, pages viewed, search requests, and if you linked to our site from another Web site, that Web site's address may be logged. We aggregate this data and use it for statistical purposes. For example, the aggregated data helps us to determine the volume of our Web site users' interest in areas of our Web site. It also helps us understand how we can improve the navigation and content of our Web site. We may disclose this to third parties, but only in an aggregated form.

4) Use of Cookies

Non-personal information may also be collected with the use of cookies. When someone visits the Site, a cookie may be placed on the user's machine (only if the visitor's Web browser has been set to accept cookies) or is read if the visitor has visited the site previously. This Site may collect aggregated site-visitation statistics using cookies. We do not track individuals' use of the site. If your browser is set to not accept cookies, you will be able to view most of the site; however, you may not be able to take advantage of personalized content, conveniences or services that may be offered on the site.

5) Password Protection

To protect against unauthorized access to your password and your computer, it is important that you log out when you have completed your business on the Site on a shared computer.

6) Security

This Site will provide commercially available, reasonable security measures. However, you understand and acknowledge that certain risks are inherent in transmission of information over the Internet and you agree to assume the security risk for transmission of the information you provide to use the Site. This Site may, at any time, revise these policies by updating this posting. Your continued use of the Site indicates your acceptance of all revisions. You should, therefore, periodically visit this page to review these policies for changes.