Updated: March 11, 2020
These Terms also apply to all information and material available through RAC's Facebook page, RAC's Twitter account, YouTube, or through use by RAC of any other social media outlets. The Websites, Facebook page, Twitter account and other social media venues are collectively referred to in these Terms as the "RAC Sites." "You" or "your" refer to each company or individual that accesses or uses one or more of the RAC Sites.
Modification of Terms
These Terms, as well as all Content on the RAC Sites, are subject to change without notice, and RAC may discontinue or modify any aspect of the RAC Sites at any time, without notice or liability. Any modifications or updates to these Terms will be posted here.
The entire content of the RAC Sites, including but not limited to text, information, designs, graphics, interfaces, code, and the organization, selection and arrangement thereof (the "Content") is the sole and exclusive property of RAC or its licensors and is protected under applicable copyright, trademark and other laws. You should assume that all Content is copyrighted unless otherwise noted on the RAC Sites. All product names, company names, logos, trademarks, service marks, trade names, tag lines or similar items are the property of RAC or are used herein by permission of the owner, and you may not use them without written permission from RAC. Nothing in these Terms or on the RAC Sites shall confer upon you any rights or licenses to any of RAC's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
Use of the RAC Sites
With the exception of the Secured Website (use of which is subject to restrictions as specified in your agreements with RAC) RAC Sites are provided solely for your personal, internal, and noncommercial use. You may display and electronically copy, download, and print material displayed on the RAC Sites solely for these purposes, but you must retain any copyright and other proprietary notices contained in the Content in your copies. The Content is provided for informational purposes only and should not be considered conclusive of product characteristics or other details.
You are strictly prohibited from distributing, modifying, copying, transmitting, displaying, reusing, reproducing, reporting, publishing, transferring, or using the Content for any public or commercial purposes (except for use of Content on the Secured Website in accordance with your written agreement with RAC) . You do not acquire any ownership rights in any Content from the RAC Sites as a result of downloading such Content from the RAC Sites. RAC does not warrant or represent that your use of such Content will not infringe a third party's rights to such Content, and you are responsible for any infringement or other claims or liability resulting from your use of Content from the RAC Sites.
The RAC Sites, the Content and all information regarding products and services included therein, are provided “AS IS”, "WITH ALL FAULTS", AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. RAC does not represent or warrant that the RAC Sites will be available, uninterrupted, free of viruses or other harmful components or error-free, or that defects will be corrected, and makes no representation or warranty as to the accuracy, adequacy, completeness, correctness, usefulness, timeliness, or reliability of information contained in the RAC Sites. RAC does not endorse, approve or certify the information available on or through the RAC Sites that is provided or posted by others. Use of the information is voluntary and reliance on it should only be undertaken after you have independently verified its accuracy, completeness and timeliness. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Nothing on the RAC Sites is intended to or shall be construed to provide any warranties or representations with regard to RAC's products. RAC EXPRESSLY DISCLAIMS ALL PRODUCT WARRANTIES ARISING FROM INFORMATION PRESENTED ON THE RAC SITES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND NON-INFRINGEMENT. Please refer to the appropriate product literature or other documentation for product warranty information.
Nothing contained in or provided through the RAC Sites is intended to constitute advice or to serve as a substitute for the advice of a plumbing professional. Any reliance you place on such information is strictly at your own risk.
Limitation of Liability
YOUR USE OF THE RAC SITES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL RAC, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OF, USE, INABILITY TO USE, OR PERFORMANCE OF THE RAC SITES OR YOUR RELIANCE ON ANY OF THE CONTENT ON THE RAC SITES OR ANY "LINKED SITES", REGARDLESS OF WHETHER RAC HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY MATERIALS OR INFORMATION PROVIDED ON THE RAC SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RAC SITES. IN NO EVENT SHALL RAC'S LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO RAC, IF ANY, FOR ACCESSING THE RAC SITES.
You agree to indemnify, defend, and hold harmless RAC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your accessing the RAC Sites or your use of Content or your submissions to the RAC Sites (including negligent or wrongful conduct), by you or any other person accessing the RAC Sites using your account.
The RAC Sites may contain links to other websites that are not under RAC's control and are not governed by these Terms (the "Linked Sites"). Linked Sites are not reviewed or endorsed by RAC and RAC is not reponsible for or affiliated with the Linked Sites. These links are provided solely as a convenience to you and RAC makes no warranties or representations as to Linked Sites, including without limitation, warranties or representations as to the contents, operation, accuracy, privacy policies, or applicability of the Linked Sites. The RAC Sites are operated in accordance with RAC’s Linking Policy.
The RAC Sites are not designed or intended to attract children under the age of 13, and RAC does not specifically solicit or collect personally identifiable information about children. In the event that RAC receives actual knowledge that the RAC Sites have collected such information without the requisite and verifiable parental consent, RAC will delete that information from its database as quickly as is practical
In order to access or use certain features of the RAC Sites, including, but not limited to requesting further information from RAC, you may have to become a registered user and/or provide certain information about yourself to RAC via the RAC Sites ("User Information"). Such User Information may include, but is not limited to, your name and personal contact information. In order to use such features of the RAC Sites, you must provide all requested User Information. You represent and warrant that any User Information you provide to RAC in conjunction with such features will be true and correct.
If the feature you use requires you to create a user name and password (your "Login Information"), you are responsible for safeguarding and maintaining the confidentiality of your Login Information so that others may not access any password protected portion of the RAC Sites using your Login Information. You are responsible for all activity that occurs using your Login Information, whether or not you have authorized the activity.
RAC reserves the right to terminate your account or otherwise deny you access to the RAC Sites or the features requiring such User Information at any time, in its sole discretion for any or no reason without notice and without liability.
User Submissions & Monitoring of RAC Sites
RAC has no obligation to monitor the use of the RAC Sites, but it reserves the right to do so at any time. RAC, in its sole discretion, may prohibit or enjoin any use of the RAC Sites that violates these Terms or otherwise restricts or prevents other users from accessing or using the RAC Sites.
You may not post or transmit any unlawful, threatening, abusive, offensive, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or anticompetitive materials or any material that could constitute or encourage conduct that would result in criminal or civil liability, violate the rights of third parties, or otherwise violate any law. RAC disclaims all responsibility for any "User Submissions" posted on the RAC Sites by a user of the RAC Sites. RAC will cooperate fully with any law enforcement authorities or court order requesting or directing RAC to disclose the identity of anyone posting any such information or materials.
User Submissions including information, materials or communications, including but not limited to feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, that you submit to the RAC and/or the RAC Sites are considered and treated as non-confidential and non-proprietary (hereinafter, "Submissions"). RAC is free to use, copy, modify, adapt, publish, translate, distribute and/or incorporate User Submissions in any way for any purpose, including, without limitation, developing, manufacturing and marketing purposes, without an obligation to recognize or compensate you.
By posting material on any of the RAC Sites relying on social media platforms, such as Facebook or Twitter, you agree to comply with the terms and conditions of that particular social media platform as well as these Terms. In addition, you represent, warrant and agree that User Submissions submitted, posted, transmitted, or shared by You will not infringe upon the rights of any third party, including but not limited to copyright, trademark, or privacy rights; and will not contain defamatory or discriminatory or otherwise unlawful material.
Any User Submissions are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of RAC. RAC is NOT responsible for User Submissions.
You acknowledge that the Internet is an open system and RAC cannot and does not warrant or guarantee that third parties cannot or will not intercept or modify User Submissions or User Information submitted to RAC or monitor your use of the RAC Sites.
COPYRIGHT POLICY: Digital Millennium Copyright Act ("DMCA")
RINNAI respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, RINNAI has adopted a policy of terminating, in appropriate circumstances and in RINNAI's sole discretion, subscribers or account holders who are deemed to be repeat infringers. RINNAI may also in its sole discretion limit access to the RAC Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the RAC Sites' designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. RINNAI will process and investigate notices (each, a "Notice") of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of Notices complying with the DMCA, RINNAI will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RINNAI the following information in your Notice (to be effective, the notification must include ALL of the following):
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site(s);
- your address, telephone number and e-mail address, and all other information reasonably sufficient to permit RINNAI to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to RINNAI's designated agent:
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RINNAI THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
COPYRIGHT POLICY: Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us in writing at:
RINNAI AMERICA CORPORATION
103 International Drive
Peachtree City, Georgia 30269
Attn: Legal Department
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:
1625 North Market Blvd.
Sacramento, CA 95834
Applicable Laws and General Provisions
Your use of the RAC Sites shall be governed in all respects by the laws of the State of Georgia, USA, without regard to its choice of law provisions. By accessing any of the RAC Sites, you agree that jurisdiction over, and venue in, any legal proceedings directly or indirectly arising out of or relating to this RAC Sites shall be in the state or federal courts located in Fayette County, Georgia. RAC makes no representation that the Content is appropriate or available for use in locations outside of the USA, and access to the RAC Sites from territories where the Content is illegal is prohibited. Those who access the RAC Sites from locations outside the USA are solely responsible for compliance with all local laws. Your use of the RAC Sites must be in compliance with all procedures, rules and policies established by RAC, and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.).
If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms represent the entire agreement between you and RAC with regard to use of the RAC Sites.
Questions and Contact Information
RAC encourages all users to report abusive content. If you have concerns regarding abusive content on Facebook, Twitter or other social media platform, please follow the reporting instructions provided by Facebook, Twitter, or other platform.
If you have any questions regarding the RAC Sites, their Content or these Terms please contact RAC at:
Rinnai America Corporation
103 International Drive
Peachtree City, GA 30269
Attn: Customer Service