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B2B Terms of Use and Privacy Policy

B2B Terms of Use
Privacy Policy

Please carefully review the following Business-to-Business (B2B) Account Terms of Use that, among other things, include:

Limitations of use for the Daikin B2B Services (Section 1.4)
Limitations on our liability to you and our disclaimer of any warranties for the Daikin B2B Services (Section 2)
Class-action waiver, a waiver of jury trials, and other terms that affect how disputes between you and us are resolved (Section 3).

These Terms are available at www.DaikinCity.com/B2BTermsOfUse

B2B Account Terms of Use

Last Modified: May 20, 2020.

These B2B Account Terms of Use (“Terms”) are a binding legal agreement between you and any entity you represent (collectively “you” or “ your” or “yourself”), on the one hand, and Goodman Global Holdings, Inc. and its subsidiaries (collectively “Daikin” or “ us” or “we” or “our”), on the other hand.

These Terms govern your access and use of

Any B2B software provided by us and that may be downloaded to your mobile device, such as a smart phone or tablet (“B2B Mobile Apps”)
Any B2B website accessible through the creation of an account with us (“B2B Web Apps”)
The services and information provided by the B2B Mobile Apps and B2B Web Apps, including any account you may create through the B2B Mobile Apps or B2B Web Apps.

(Items may be collectively referred to as “Daikin B2B Services.”)

Some of the Daikin B2B Services may require you to enter into a separate written agreement with us. The terms of a separate written agreement will become a part of these Terms and, thus, part of your agreement with us. To the extent there is a conflict, terms of any such separate written agreement control, then these Terms, and then the terms and conditions provided here at www.DaikinComfort.com/Terms.

These Terms also incorporate our Privacy Policy, which can be found here at www.DaikinComfort.com/privacy-policy. By agreeing to these Terms, you are also consenting to our collection and use of any of your personal information in accordance with these Terms and our Privacy Policy.

By accessing or using the Daikin B2B Services, you agree to be bound by these Terms—without limitation or qualification. If you do not agree, you must not access or use the Daikin B2B Services. And by agreeing to these Terms, you represent and warrant that you have read these Terms, you have understood these Terms, and you have the legal capacity and authority to bind yourself and any entity that you may represent.

We also reserve the right, at our sole discretion, to modify these Terms at any time. You are responsible for checking these Terms for modifications. Your continued use of the Daikin B2B Services after we post any modification means that you agreed to these Terms as modified. In certain instances, we may notify you of modifications to these Terms by, for example, revising the modification date listed above or sending you an email or mail to an address associated with an account you may have with us. Your continued use of the Daikin B2B Services after we provide or send any notification to you means that you agreed to the Terms as modified. If you do not agree to any such changes that have been posted or that you have been notified of, you must cease your access and use of the Daikin B2B Services immediately.

1. Accessing and Using the Daikin B2B Services

1.1 Business-to-Business Use Only

The Daikin B2B Services are for dealers, commercial “reps,” distributors, and licensed designers, technicians, and installers of products and services offered by Daikin (“Daikin Products”). The Daikin B2B Services are not intended for and may not be used by consumers of Daikin Products. Accordingly, by accessing and using the Daikin B2B Services, you represent and warrant that you

Are a dealer, commercial “rep,” distributor, or licensed designer, technician, or installer of Daikin Products,
Are accessing the Daikin B2B Services to further a business-to-business relationship with Daikin
Are not accessing the Daikin B2B Services as a consumer of Daikin Products.

1.2 License, Ownership

You do not own any of the Daikin B2B Services. Subject to these Terms and if you comply with them, we grant you a personal, revocable (at Daikin’s sole discretion), non-exclusive, non-transferable (and non-sublicensable) license to

access and use the Daikin B2B Services to obtain information about products offered by Daikin (“Daikin Products”) and to further your business-to-business relationship with Daikin through the direct or indirect purchase of Daikin Products from Daikin (“ Authorized Purpose”)
download the Mobile Apps onto your own mobile device for the Authorized Purpose.

Except for the limited license rights expressly provided above, you obtain no other rights (express or implied) in or to the Daikin B2B Services or to any intellectually property held by us or any of our corporate affiliates (“Daikin Group”) or our licensors. The Daikin B2B Services, and any intellectual property rights therein, are and will remain the exclusive property of Daikin or its licensors.

1.3 Guidelines

You agree to follow any policies or guidelines associated with a particular Daikin B2B Service.

1.4 Prohibitions

You will access and use the Daikin B2B Services solely to the extent provided by the limited license to you in Section 1.2 above. You will not use or access the Daikin B2B Services for any other purpose, including any unlawful or malicious purpose. For example, you will not:

attempt to gain unauthorized access to the Daikin B2B Services,
submit false or misleading information to us (including representing that you are somebody that you are not or have authority that you do not),
use automated systems to monitor or copy content from the Daikin B2B Services,
interfere with the normal operations of the Daikin B2B Services, such as by disrupting, disabling, overburdening, or otherwise interfering with the operation of the Daikin B2B Services or its infrastructure,
upload infringing, disparaging, malicious, or inappropriate content,
upload, transmit, or distribute any computer virus, malware, spyware, or any other malicious or inappropriate computer code,
interfere with the access or use of the Daikin B2B Services by others,
sell, rent, or otherwise attempt to commercialize the Daikin B2B Services to others;
use the Daikin B2B Services to reverse engineering or otherwise unlawfully compete with Daikin Products, or
consume a disproportionate or unreasonable amount of the Daikin B2B Service’ resources.

1.5 Limitations on Use

The Daikin B2B Services supply tools to help you understand and manage Daikin Products in an approximate, noncritical, and non-sensitive manner. And you acknowledge there are limitations to what the Daikin B2B Services can do and limitations to the information and services they provide.

All information provided by the Daikin B2B Services are merely informational, are not guaranteed, and are not to be relied upon for making any decisions or for any other purpose.Indeed, Daikin does not guarantee that the Daikin B2B Services can be relied upon for any particular purpose.

You acknowledge and agree that neither Daikin nor any member of the Daikin Group is liable to you for any reliance or actions taken by you or for any information provided or failed to be provided by the Daikin B2B Services; nor is Daikin or any member of the Daikin Group liable to you for any damages caused by the failure, delay, or unavailability of the Daikin B2B Services.

You agree that you will not rely on the Daikin B2B Services for any purposes related to safety or health, or for any critical or sensitive functions or purposes. All notifications provided by the Daikin B2B Services are solely for informational purposes and are not to be relied on for making important decisions about health, safety, or well-being—or for reliance on any design or particular parameter. And you agree that any training provided through the Daikin B2B Services are for general informational purposes only, such training may not be up-to-date, relied upon for any particular purpose, or address the specific conditions presented to or encountered by you in relation to the Daikin Products.

You should seek the advice of independent and qualified professionals in determining and assessing health needs or for any design or building requirements.

You further agree that any information, suggestions, or programing provided by the Daikin B2B Services—such as suggestions regarding energy savings, potential malfunctions, design parameters, suggested maintenance, indicated environmental conditions, suggested equipment, suggested equipment purchase options, or other benefits, indications, or suggestions—are merely for general informative purposes, are not guaranteed, and are not to be relied upon for making any decisions or for any purpose whatsoever.

1.6 Access and Termination

We may remove, enhance, defeature, disable, or modify the Daikin B2B Services, in whole or in part, temporarily or permanently, at any time, without prior notice to you. We also may limit or disable your access to the Daikin B2B Services without notice to you. This includes our right to, at our discretion and for any lawful reason or no reason at all, limit or disable any account you may have created to access the Daikin B2B Service.

For example, if we believe you have violated these Terms, we may immediately suspend or terminate your access to and ability to use the Daikin B2B Services.

You agree that we (or any other member of the Daikin Group) will not be liable to you or any third party for any use, modification, suspension, termination, or disabling, in whole or in part, of the Daikin B2B Services.

You agree that we may monitor your use of the Daikin B2B Services, at any time and at our sole discretion; you have no expectation of privacy in using the Daikin B2B Services.

1.7 Accounts

To use the Daikin B2B Services, you may be required to create an account (which is considered part of the Daikin B2B Services) with us, a member of the Daikin Group, or an agent or representative thereof. Your account will be personal to you. Accordingly, you (i) will NOT permit any other person to use your account, (ii) are responsible for any use of your account, including being responsible for the security of the account’s password, (iii) warrant that any information you provide is truthful and accurate, (iv) warrant that you are not violating any law of the U.S. or other appropriate jurisdiction (e.g., export control laws) by accessing your account or the Daikin B2B Services, and (v) will notify us immediately if you are aware of or have a reasonable suspicion of unauthorized or unlawful use of your account.

1.8 Resources

To access or use the Daikin B2B Services, you will need resources— e.g., internet connection, cellular connection, operating platforms, electricity, or networking and computer hardware and software—provided by you and by third parties.

For example, some of the Daikin B2B Services will not work or cannot be accessed without your provision of

a network (wired or wireless) that provides reliable communication for Daikin B2B Services or the Daikin Products with the internet,
certain hardware (e.g., computer, mobile device, laptop) that enables communication with or to the Daikin B2B Services or the Daikin Products through your network and/or the internet,
resources that are reasonably expected to be required (e.g., electricity) for use of the Daikin B2B Services or Daikin Products,
other resources that may be expressly specified by Daikin.

You are entirely responsible for obtaining, operating, maintaining, and paying for such resources. And you agree that we (or any member of the Daikin Group) are not liable to you for such third-party resources, including any costs related to them, their availability, or the security of data or other information transmitted to or by them; nor are we (or any other member of the Daikin Group) responsible or liable to you for obtaining, configuring, or providing such resources. You acknowledge that you are responsible for ensuring that the Daikin B2B Services obtained by you.

1.9 Minors

The Daikin B2B Services are intended for those who are 18 (or the equivalent age of majority in your jurisdiction) years of age or older. If you are younger than 18 years old (or the equivalent minimum age in your jurisdiction), you must not use the Daikin B2B Service, and any such use is an express violation of these Terms.

1.10 Use in Your Location

The Daikin B2B Services are not available in all locations and, as such, may not be available to you or may be prohibited by law.

While the Daikin B2B Services may be globally accessible through the internet, the Daikin B2B Services are intended for use in the United States and Canada. If you choose to access the Daikin B2B Services from outside the United States and Canada, you do so at your own risk and are solely responsible for complying with all applicable laws in your location. You agree that Daikin (or any member of the Daikin Group) will not be responsible or liable to you for your use of the Daikin B2B Services outside of the U.S. or Canada or in a location where the Daikin B2B Services are prohibited by law.

1.11 Feedback

We appreciate that many of you are innovative and may have ideas to improve Daikin B2B Services and Daikin Products. But, as a leader in the industry, we are working on numerous research and development projects. Accordingly, unless you have a separate written agreement with us to the contrary, do not send us new ideas for products or services before first contacting Daikin’s Legal department (IP@GoodmanMFG.com) for express instruction on how to do so. If you choose to disregard these instructions, and you send us any comments, suggestions, improvements, inventions (whether patentable or not), ideas, or enhancements (collectively “ Feedback”), you agree that such Feedback was provided by you voluntarily and without an obligation of confidentiality and that we shall be free to use the Feedback without any compensation to you. And you hereby grant to Goodman Manufacturing Company, L.P. a world-wide, royalty-free, irrevocable, perpetual, fully transferable (and sublicensable) non-exclusive license to use, incorporate, sell, manufacture, and import products and processes embodying the Feedback and to display, reproduce, and make derivatives works of any Feedback.

2. Disclaimers, Limitation of Liability, and Indemnity

PLEASE READ THIS SECTION 2 CAREFULLY, AS IT ADDRESSES DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNITY.

2.1 Disclaimers

You access and use the Daikin B2B Services at your own risk, and you agree we (or any member of the Daikin Group) are not liable in any way for your access or use of the Daikin B2B Services.

To the maximum extent possible under applicable law, all of the Daikin B2B Services are provided AS-IS, AS-AVAILABLE, WITH ALL FAULTS, and without any warranty of any kind—express, implied, statutory, or otherwise—including, but not limited to, any warranty of merchantability, of fitness for a particular purpose, of title, of accuracy, or of non-infringement. Indeed, we specifically disclaim any warranties and representations of every kind.

That means that we, as examples and not limitations, do not warrant (and specifically disclaim) that the Daikin B2B Services or your use of the Daikin B2B Services will

be timely or uninterrupted or provide a particular level of “up-time,”
provide any specific results,
provide any specific notification that is entirely reliable,
provide or continue to have any specific features or functionality (including our removal or modification of features or functions that have been provided in the past),
be free from any defects, viruses (or other malicious code), corruption, hacking, content losses, errors, or omissions,
be accurate, complete, up-to-date, or useful,
be corrected to address any defects, deficiencies, inaccuracies, or errors on the Daikin B2B Services,
be secure

Any reliance you place on or from the Daikin B2B Services is strictly at your own risk. And we (or any other member of the Daikin Group) will not be liable to you and disclaim liability arising from or based on your use of the Daikin B2B Services, including any damages or loss to your business, computer, mobile device, or network.

And you agree that no network-provided service—including the Dakin Services, and transmissions to or from them—is ever completely private or secure. You agree that your submission of any information to us through the Daikin B2B Services or third-party services that Daikin uses is at your sole risk.

Limitations on Disclaimers: Some jurisdictions do not allow the exclusion of implied warranties or other disclaimers of warranty. To the extent such laws apply to you, the provided exclusions of implied warranties or other disclaimers of warranty in the Terms will not apply solely to the extent prohibited by applicable law.

2.2 Limitations of Liability

Nothing in these Terms, including this Limitation of Liability section, limits or excludes (or will be construed or interpreted to exclude or limit) any liability that cannot be so limited or excluded under applicable law.

In no case will we (including Daikin’s officers, agents, directors, affiliates, suppliers, dealers, distributors, contractors, employees, and licensors) be liable to you for—whether arising out of breach of contract, warranty, tort (negligence of any kind or degree), products or strict liability, or any other form of action—any indirect, incidental, punitive, special, or consequential damages arising from your access or use of any of the Daikin B2B Services, even if Daikin knew, should have known, or had been advised of the possibility of such damages.

In no event will Daikin’s (and the Daikin Group’s) total liability to you—under any theory of any kind, including but not limited to breach of contract, warranty, tort (negligence of any kind or degree), strict liability, personal injury, property damage, loss of life or any other damages or bases—based on your use or access of the Daikin B2B Services exceed

all monies you have paid to us in the previous 6 months for use of or access to the Daikin B2B Service (however, monies paid for the purchase of Daikin Product, whether through the Daikin B2B Services or otherwise, are excluded),
if you have paid no monies to us in the previous 6 months for use of or access to the Daikin B2B Service, ten U.S. dollars ($10.00).

Limitation of Liability:Some jurisdictions do not allow certain limitations on liability. For example, some jurisdictions do not allow for limitations on liability for personal injury caused solely by gross negligence or willful misconduct. To the extent such laws apply to you, the provided limitations of liability in these Terms will not apply solely to the extent prohibited by applicable law.

This Section 2 will survive and be given full effect even if it does not fully compensate you for your losses, fails for its essential purpose, or is otherwise deemed unenforceable.

2.3 Indemnity

You agree, to the maximum extent permitted by applicable law, to indemnify and hold harmless us (including Daikin’s officers, agents, directors, affiliates, suppliers, dealers, distributors, contractors, employees, and licensors) against any claims, losses, liabilities, damages, costs, and expenses (including our reasonable attorneys’ fees and costs) for any third-party claims—whether arising out of breach of contract, warranty, tort (negligence of any kind or degree), products or strict liability, or any other form of action—arising out of or based on your access to or use of the Daikin B2B Services or your breach of these Terms.

But Section 2.3 will not be interpreted or construed to require any indemnification by you that would make this Section 2.3, in whole or in part, void and/or unenforceable under applicable law. And your indemnification obligation will not apply to any willful or reckless misconduct or gross negligence by us in those states or jurisdictions that do not permit indemnification for willful or reckless misconduct or gross negligence.

3. Disputes

Please review this Section 3 carefully, as it addresses class-action waivers and waivers of jury trials.

Our hope is that there is never a dispute between you and us. But if there is, this section describes aspects of how that dispute will be resolved.

3.1 Class Action Waiver

Any dispute or claim related to these Terms or to your access or use of the Daikin B2B Services will not be joined with any claim of another person or entity, whether through participation in a class-action proceeding or otherwise. To the fullest extent permitted by applicable law, no proceeding brought under these Terms or in relation to the access or use of the Daikin B2B Services shall be joined to another proceeding involving any other party subject to these Terms, whether through class-action proceedings or otherwise.

3.2 Waiver of Jury Trials, Jurisdiction

You agree, and Daikin agrees, to waive any right to a jury trial. And you agree that all such disputes and claims that are before a court will be exclusively brought in the state or federal courts located in Harris County, Texas—with you and us agreeing to the personal jurisdiction of such state and federal courts and to waive any claims regarding the lack of convenience of such courts.

4. The Daikin B2B Services

We may, from time to time, need to make or provide updates or modifications (“Updates”) to or for the Daikin B2B Services, which may be installed on a device you own. You agree that we may provide Updates automatically and without notice to you; your agreement to these Terms is your consent. Furthermore, you agree that if we provide any Updates to you, you will promptly install such Updates at no cost to us.

You agree that the Daikin B2B Services and Daikin Products may periodically and automatically check for Updates by communicating with us. If you do not want automatically provided Updates or do not want to install a provided Update, you must not use or cease your use of the Daikin B2B Service.

To provide the Daikin B2B Services (which include Updates), it may be necessary for Daikin, or its representatives, to access and use the various resources (see Section 1.8) you have obtained or provided for the Daikin B2B Services or Daikin Products. Accordingly, you agree that Daikin, or its representatives or resellers, may access and use such services in relation to the Daikin B2B Services and Daikin Products. For example, you agree that Daikin, or its representatives or resellers, may use your network to provide the Updates and the Daikin B2B Services; and you agree that Daikin, or its representatives or resellers, may activate the Bluetooth functions on the Daikin Products without notice to you to set-up, enable, or provide the Daikin B2B Services.

All Updates are governed by these Terms.

4.1 Third Party Data Collection

By agreeing to these Terms, you agree that Daikin may use services provided by third parties that collect and process your personal information from the Daikin Products or Daikin B2B Services, act as an additional data controller for your personal information, and use your personal information as we would in accordance with our privacy policies.

5. Our Content

All content—such as images, text, trademarks, logos, artworks, designs, or code—on the Daikin B2B Services is owned by or licensed to us and is protected by copyright, trademark, patent, or other intellectual property laws. Using or accessing the Daikin B2B Services does not grant you any ownership of or licenses to this content. You may not use, copy, or make derivative works of content from the Daikin B2B Services without obtaining permission from the content’s owner or without having permission under the law. And if any of the content carries a legal notice, you may not alter, remove, or obscure that notice.

To the extent any content on the Daikin B2B Services is expressly identified by us as being downloadable (e.g., “Add to Download Queue”), Daikin hereby grants to you a non-exclusive, personal, fully revocable license to make a reasonable number of copies of the such expressly authorized downloadable content (“Downloadable Content”) but solely for the advancement of an Authorized Purpose.

You agree that you will not alter—in any way—the Downloadable Content. And you further agree that the Downloadable Content is solely for your use and that you will not provide copies of the Downloadable Content to anybody else.

To be clear, the Downloadable Content—which may include CAD files and other technical information—are considered Daikin B2B Services and, as such, subject to the disclaimer, limitation of liability, and indemnity provisions of Section 2 of these Terms above.

Many of the Daikin B2B Services display trademarks, service marks, logos, or other designations of source (collectively “Marks”). All Marks are registered or unregistered marks of Daikin, a member of the Daikin Group, or our licensors or content providers; all Marks are the exclusive property of their respective owners. And your access and use of the Daikin B2B Services does not grant you—by implications or otherwise—any license, right to use, or ownership interest in any Marks.

We may change, remove, or add to any content on the Daikin B2B Services without notification to you.

6. Your Submissions

In certain instances, you may be able to submit (e.g., upload) content to or through the Daikin B2B Services. You will not submit any content to the Daikin B2B Services that (i) is inappropriate, harmful, malicious, obscene, abusive, or defamatory; (ii) infringes the patent, trademark, trade secret, copyright, or other intellectual property or other right of another; (iii) violates the legal rights of others or gives rise to any civil or criminal liability under applicable laws or regulations; or (iv) otherwise violates these Terms. And you will not submit any content without the express authorization of the owner of such content. We may remove or reject any content you submit.

If you choose to provide any content to us, we will not treat it as confidential or proprietary, and you hereby grant (upon your submission) to us (and our agents, corporate affiliates, and service providers, and each of our respective licensees, successors, and assigns) a worldwide, irrevocable, perpetual, non-exclusive, fully transferable, sublicensable, and royalty-free license to use, reproduce, display, distribute, or otherwise make derivatives works of any content that you submitted. You are solely responsible for any content you submit, and you agree to indemnify, and hold harmless, us against any third-party claims, actions, allegations, or liabilities based on the content you submitted.

7. Digital Millennium Copyright Act

We respect the intellectual property rights of others, and we expect others to do the same. If you believe that materials accessible on or from the Daikin B2B Services infringe your copyright, you may, pursuant to the Digital Millennium Copyright Act, request removal of those materials by submitting written notification to our copyright agent (as designated below).

Your notice to us must at least provide the following information:

the physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work you claim has been infringed;
a description of where the material that you claim is infringing is located on the Sites;
your address, telephone number, and e-mail address;
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;
a statement by you, made under the penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for allegations of copyright infringement is:

Manish Vyas
Designated DMCA Copyright Agent, Legal
Daikin Texas Technology Park
19001 Kermier Rd,
Waller, TX 77484
IP@GoodmanMFG.com

We may remove or disable access to materials residing on the Daikin B2B Services that is claimed to be infringing, and we have the right to suspend or terminate access to or use of the Daikin B2B Services by those who infringe another’s rights.

8. Third-Party Content, Links, and Services

8.1 General

The Daikin B2B Services may allow you to access products, websites, applications, content or services from third parties or you may choose to use third-party services or products in conjunction with the Daikin Products or Daikin B2B Services (collectively “Third-Party Services”).

These Terms—except to the extent expressly provided otherwise—do not address the policies or practices of these third parties.

These Third-Party Services selected by you are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. We have not reviewed the content or accuracy of, and we do not endorse, these Third-Party Services. We (or any member of the Daikin Group) are not responsible for, cannot guarantee, and will not be liable to you for the content, accuracy, availability, reliability, security of any such Third-Party Services. Daikin disclaims all liability arising from or related to your use of Third-Party Services.

Moreover, to the extent you use Third-Party Services in relation to the Daikin Products or Daikin B2B Services, you agree that we may exchange relevant information (including personal information) with the third party providing the Third-Party Services.

8.2 App Stores

Accessing or downloading the Daikin Mobile Apps may require you to connect to an “App Store” (e.g., Google’s Play Store or Apple’s App Store), which is a specific type of Third-Party Service. These Apps Stores are independent from us. Any terms and conditions that you agree to in order to access or use the App Store are between you and the App Store’s provider.

We do not warrant or make any representations regarding these App Stores, and Daikin (or any member of Daikin Group) is not liable to you in any way for your access or use of the App Store.

But, by agreeing to these Terms, you represent and warrant that you are complying with any terms and conditions you agreed to in relation to the App Store.

9. Privacy

Your privacy is important to us. Our Privacy Policy is here at www.DaikinComfort.com/privacy-policy. Please review it to better understand how Daikin collects and uses personal information about you in relation to the Daikin B2B Services and Daikin Products.

10. Termination

There Terms will remain in effect when you access and use the Daikin B2B Services.

Without limiting any rights Daikin may have elsewhere in these Terms, you agree that Daikin may, at any time, terminate (i) your access or rights to use the Daikin B2B Service, and (ii) terminate these Terms if Daikin believes, in good faith, that you have violated these Terms.

Sections 1.5 to 1.11, Sections 2 to 6, and Sections 8 to 11 will survive expiration or termination of these Terms.

11. About these Terms

You agree that any dispute arising out of or based on the Daikin B2B Services or these Terms will be governed by applicable federal law and the laws of the State of Texas, without regard to Texas’s conflict-of-laws principles.

These Terms, which incorporate our Privacy Policy, constitute the entire agreement between you and us in relation to the Daikin B2B Services, and—except for a separate written agreement between you and us or additional terms on a specific Daikin B2B Services—these Terms supersede any prior agreement between you and us regarding the Daikin B2B Services, including prior versions of these Terms.

Our failure to enforce—or any delay in our enforcing—any provision of these Terms will not be deemed a waiver of our rights to enforce them.

In the event you breach or threaten to breach these Terms, Daikin shall have available to it all its rights and remedies at law and in equity, including the right to seek injunctive relief. You agree that money damages for a breach or threatened breach of these Terms by you would be inadequate, and you agree that Daikin may, without limiting any other potential remedies, pursue equitable relief (e.g., an injunction) without having to prove actual damages or the inadequacy of other potential remedies.

If any provision of these Terms is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases, you agree that we may substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intentions of the invalid or unenforceable provision.

You may not assign or otherwise transfer your rights or obligations in the Terms without Daikin’s consent. But Daikin may assign or otherwise transfer its rights and obligations without your consent and without restriction.

You agree that Daikin may provide notice to you or contact you for purposes of these Terms, for marketing purposes, or other lawful purposes by—at Daikin’s option—sending a notice to any email or physical address you associated with the Daikin B2B Services or Daikin Products or by contacting you through any phone number that you associated with the Daikin B2B Services or Daikin Products.

If you have any questions or comments about these Terms, please feel free to submit them to us by emailing IP@GoodmanMFG.com.

This Privacy Policy (“Policy”) describes how the data controllers Goodman Global Holding, Inc. and its subsidiaries (collectively “Goodman” or “we” or “us” or “our) collect and use your personal information—that is, any information that identifies or could reasonably identify you—when you access or use our products, websites, software, or applications (collectively “Services”) or when we receive your personal information from third parties, such as our corporate affiliates, subcontractors, or other third parties that we work with.

For certain Services, there may be a separate privacy policy or a separate written agreement (e.g., an end-user license agreement) between you and us—and, in such instances, that other privacy policy or separate written agreement shall control.

We may revise this Policy at any time. And when we do, we will notify you that revisions have been made by, for example, updating the revision date provided above or, if circumstances warrant it, contact you directly. Please review this Policy each time you access or use our Services, so you can stay informed about our current privacy practices.

This Privacy Policy is also available at Privacy-Policy.

1. Collection

We collect personal information in a variety of ways during our interactions with you. For example, we may collect personal information when you create an account or use our Services alone or in conjunction with products and services provided by us, our corporate affiliates, or our subcontractors.

The type of personal information we collect depends on the particulars of your interaction with us, your choices, and applicable law. But the following are examples of personal information we may collect and when we may collect it.

Information You Voluntarily Provide: We may collect information that you voluntarily provide to us, such as your name, your email address, your physical address, your phone number, your demographic information, your employment history, your transactions with us, any feedback you provide, your credit card information, your preferences, your warranty claims, your customer-service requests, or any other information that you may provide to us. You may voluntarily provide this information to us electronically when you use our applications, websites, products, or services. Or you may also provide this information to us manually, such as when you provide us with a physical document or warranty registration card.

Usage/Account Information: If use of a Service requires you to create an account with us, we may collect information about your account credentials (e.g., password, user-ID, authentication information), your use of the Services or products associated with the Services, or any other information associated with your account. And we may collect information obtained about you from a third-party service (e.g., Facebook, Google) when you use these services to create or log in to the account, pursuant to that third party’s authorizations and practices.

Automatically Collected Information: We may also collect information automatically. For example, when you use our Services, we may collect information about how and when you used our Services, the actions you performed or requested through the use of our Services, the type of device used to access our Services, your location (which may be provided by the device you are accessing our Services from), and your IP address. We may also use “cookies” and other automated tracking systems (also see Section 10 below) to collect information about you.

Information About You or From Equipment: In certain instances, you may be using our Services with equipment provided by us or with equipment or services provided by our corporate affiliates, our subcontractors, or others with whom we may be working (collectively “Equipment”). We may collect information both internal and external to the Equipment, and we may collect information in an automated manner, manually, or both.

For example, we may collect information about

the Equipment’s setup, network connections, location, performance, resource consumption, and operation,
adjustments made to the Equipment,
the Equipment’s usage information,
any faults or errors detected by the Equipment, and
technical information related to the Equipment.

In addition, we may collect information about the environment surrounding the Equipment using sensors in or connected to the Equipment. For example, we may collect information about

the occupancy, activity, temperature, air quality, humidity, illuminance, decibel levels, or other parameters of the environment the Equipment is used in or with,
you and your activity within the environment.

Collecting information about you and your environment, and your interactions with the environment, helps the Equipment and Services automatically adjust, for example, the temperature settings of your home or office to a setting that may be more comfortable to you.

Third Party Sources: We may also obtain information from other sources, including from private agencies (e.g., credit-rating services), our corporate affiliates, or public sources. And, as permitted by applicable law, we may de-identify and aggregate information we collect from you.

2. Use

We use your personal information to provide you meaningful interactions with us, to fulfill our contractual and legal obligations, and to advance our legitimate business interests.

For example, we may use or share (also see Section 3) the information we collect to:

Communicate with you, including sending you updates, technical information, and customer-service information related to Services or Equipment you used or purchased;

Provide requested information, Equipment, or Services, including administrating any account you may have with us, providing interactivity and automated actions, updating Services and Equipment, transacting commerce, billing, and personalizing the Services and Equipment for you;

Comply with our contractual, legal, and regulatory obligations, including responding to legitimate requests from law enforcement, regulatory bodies, or other competent authorities, protecting the safety, rights, and property of us and others, handling legal claims and disputes, preventing or investigating crime, fraud, cyber risks, and risks in general;

Establish a potential commercial or employment relationship with you, including evaluating any potential business relationship you suggest that we may enter into and, if you apply for employment or currently are or previously were an employee, using the information for making employment and personnel decisions or using the information to improve and manage our internal processes and procedures;

Conduct research and development, including improving the Services and Equipment, developing new offerings, developing and conducting training, and maintaining and improving the security of the Services and Equipment;

Analyze the usage, performance, specifications, and operation of the Services and Equipment, including analyzing the Equipment and Services you use and the way you may be using them, analyzing our performance, monitoring trends, providing automated adjustment of the Equipment, investigating suspected violations or malicious or illegal activity, and using the collected information for internal business purposes and development;

Advertise and market to you, including sending you promotional offers, targeting advertising, and general marketing communications, providing you with information we believe may be of interest to you, and understanding how you interact with such communications; and

Further any purpose described to you when the information was collected.

3. Sharing

We may share your personal information with the following persons or entities, for the following purposes or for purposes as otherwise described in this Policy.

With our corporate affiliates. We are a wholly-owned subsidiary of Daikin Industries, Ltd. (“DIL”), which is based out of Osaka, Japan. We may share information with DIL and its current or future subsidiaries that DIL has direct or indirect control of (collectively “the Daikin Group”) to perform one or more of the uses described in this Policy. Some members of the Daikin Group use their own privacy policy, which may be different from this Policy.

With third parties. We may share information with third parties—such as agents, other companies, or contractors—to provide Services or Equipment on our behalf or to assist us with the provision or development of such. For example, we may engage third parties to provide marketing, advertising, communications, infrastructure, IT, or processing services. Or we, or other members of the Daikin Group, may work with third-party HVAC technicians, service providers, or dealers to provide the Services or Equipment to you. Further still, we may work with third parties to develop and improve our Services or Equipment or to improve their Services or Equipment. Some of our Services or Equipment may link to products or services of third parties whose privacy policies may be different than ours. If you provide information to a third party, then their privacy policy will control the information you provide to them.

For legal proceedings. We may share information as required for legal proceedings and processes, including i) responding to requests for information from public, regulatory, judicial, governmental, or law-enforcement agencies, ii) complying with our legal obligations or when we, in good faith, believe the law requires it, iii) investigating or enforcing potential violations by you of our terms and policies, or iv) protecting the rights, property, or safety of us or others.

For corporate reorganization, M&A. We may share information in relation to any potential or realized reorganization, merger, sale, liquidation, bankruptcy, or transfer of a portion or all of our assets or businesses.

With your consent. We may share information collected from you for any purpose that you consented to or that you directed us to do.

We do not sell or rent your personal information to third parties outside the Daikin Group, unless we have your consent. We may, however, provide third parties such information that has been de-identified, aggregated, anonymized, or otherwise processed so that it does not reasonably identify you without your consent, for the purposes of research, advertising, marketing, internal business, strategic planning, vendor management, and development (including developing new Services and Equipment or improving existing ones).

4. Retention

We may retain your personal information as long as necessary to accomplish the purposes and uses outlined in this Policy, but no longer than is permitted by applicable law. When and where required by applicable law, we will delete your information. But even when we delete your information from active databases, such information may be retained in dormancy on automatic back-ups.

Your personal information may be stored locally on the Equipment, locally on devices connected to the Equipment or Services, or remotely on servers located in the United States or other jurisdictions. (Also see Sections 5 & 6 below.)

5. Security

We use reasonable administrative, physical, and technological security measures to safeguard your personal information against theft or other unauthorized access, use, or modification. And we require relevant third parties to, through contracts, do the same. The security measures we use are designed to provide a level of security appropriate to that personal information.

Unfortunately, no security measure or combination of security measures is perfect. As such, we cannot guarantee the security of your personal information that we have collected.

6. Transfers

The Services are intended for users in the United States and Canada. We are based in the US, and that is where we primarily process and store personal information. However, there may be instances where personal information is transferred internationally. For example, you may be using our Services from outside the United States. If that is the case, you, by using the Services, consent to the international transfer of your personal information, to the extent provided by applicable law.

As another example, your personal information may have been collected not by us but by another member of the Daikin Group that may be located inside or outside the United States and that may have a privacy policy different from this Policy. When and where necessary, we take appropriate measures—such as contractual agreements—when such information is transferred to us. For example, if your personal information was collected from the European Economic Area (“EEA”), we use a variety of legal mechanisms to help ensure your personal information is appropriately protected when we transfer it to other countries, including the United States. For example, we may use “model contract clauses” that are approved by the European Commission when we receive personal information from a member of the Daikin Group located in the EEA or when we transfer personal information we have collected from the EEA to another jurisdiction.

Moreover, we may transfer your personal information to third parties—such as service providers that provide processing services for the information or researchers that are helping develop and improve our Services and Equipment—that may be located or have facilities located around the globe, including in countries that may not provide equivalent levels of protection as provided in your home jurisdiction. When and where necessary under applicable law, we use a variety of legal mechanisms to help ensure your personal information is appropriately protected when we transfer it to or within other countries. For example, we may use “model contract clauses” that are approved by the European Commission for personal information from the EEA.

7. EEA Individuals

Our Services are intended for users located in the United States and Canada. But, to the extent you are in the EEA, you may have certain rights under the law regarding the collection and processing of the personal information you have provided to us. In such cases, we will process your personal information only in the following instances:

You have given consent. We may use your personal information if you have given us your consent for one or more specific purposes. For example, you may consent to digital marketing or the use of cookies on our website. You may withdraw that consent at any time. You can manage or disable cookies at any time by adjusting your browser settings.

To fulfill our obligations to you. We may use your personal information to fulfill our contractual obligations to you. For example, we may need to use your personal information because it is reasonably needed to provide the Services or Equipment you have requested, or to take requested steps for you before we enter into a contract.

To fulfill a legal obligation. We may use your personal information to comply with a legal obligation we are subject to.

To protect a vital interest. We may use your personal information to protect your vital interests or those of another person, or if necessary to perform a task carried out in the public interest or in the exercise of official authority vested in us.

For a legitimate interest. We may use your personal information if we have a legitimate interest in doing so. For example, we may use your personal information to send you updates about the Services and Equipment you used or purchased, or we may use your personal information to provide and improve the Services and Equipment.

To the extent that you are in the EEA, you have certain rights to access the personal information we hold about you. And you may ask us, to the extent provided by applicable law, to correct, erase, or restrict the processing of that information. If you would like to exercise one of those rights, please contact us at: Privacy@GoodmanMFG.com. Moreover, as we are a member of the Daikin Group, you may also address any questions or complaints you have to the Data Protection Officer for the Daikin Group by using this online form or by sending mail to:

Daikin Industries, Ltd.
c/o Global Data Protection Officer
Umeda Center Building
2-4-12, Nakazaki-Nishi, Kita-Ku, Osaka 530-8323, Japan

To the extent that you are in the EEA and if you have questions or complaints that we are not able to resolve, you have the right to submit a complaint to the data privacy authority where you reside.

8. California Privacy Rights

If you are resident of California, you may have certain rights under California’s “Shine-the-Light” Law (California Civil Code § 1798.83). We may share the personal information of California residents with third parties for those third parties’ direct marketing purposes. In some cases, the Services may provide an “opt-out” or “opt-in” option for such use of your personal information. But, if the Services do not provide such option, then you, if you are a California resident, may request information about the names and address of third parties that we shared your personal information with, and the categories of personal information we shared with them. If you would like to request this information, please contact us at Privacy@GoodmanMFG.com.

9. Minors

Our Services are intended for those who are 18 years of age or older. However, if you are between the ages of 13 (or the equivalent minimum age in your jurisdiction) and 18, you agree you will only use the Services under the direct supervision of a legal guardian or parent who has agreed to our Terms and this Policy for themselves and on your behalf. You may not use our Services if you are under 13 years of age. We do not knowingly collect or store any personal information from anyone under the age of 18 unless we believe we have received consent from that person’s legal guardian or parent who has agreed to our Terms and this Policy.

10. Automatically Collected Information

As described in Section 1, we may automatically collect information about you whenever you visit our website or interact with our Equipment or Services. For example, these automated systems may collect information about the browser you are using, your device’s operating system, or the duration for which you used our Services or Equipment. The following are some examples and descriptions of the ways in which we may automatically collect information:

Cookies are small files that are stored on your device (g., computer, mobile phone) when you visit or access some of our Services through a web browser. Cookies can, among other things, remember your preferences, remember your login information, and track your visits to our websites. By doing this, the cookies help us customize your experience with our Services. We use the following types of cookies:

Necessary cookies: These cookies are essential to enable basic functions on the website and make the website usable. Once you close your browser, these cookies disappear.

Functional cookies: These cookies enable the website to save information which has already been entered (such as language choices or your location), so that we can offer you more personalized functions. These cookies collect anonymous information and cannot track your movements on other websites.

Performance cookies: These cookies are used for collecting information about the use of our website, including the number of unique visitors to our website, the number of views for a webpage, the amount of time a user spends on a webpage, and other website statistics. These cookies are used to improve the performance of the website and the user experience. The collected information is aggregated and made anonymous.

Local Shared Objects (Flash cookies): These cookies are used with Adobe Flash Player to deliver certain content.

Web Beacons are small files that collect advertising data. For example, a Web Beacon may count page views or responses to our advertising—allowing us to provide information that may be more relevant to you.

Website Analytics: We use a web analytics service, Google Analytics. This service uses cookies to collect information such as your IP address or other identifiers, browser information, and the content you view. Google Analytics uses this information on our behalf for the purpose of analyzing how visitors use our website, the number of users on our website, the location of our users, the most frequently used parts of our website, the most commonly used browsers of visitors to our website, and the interests of our users.

You can manage or disable cookies at any time by adjusting your browser settings. You can also set your browser to notify you when you receive certain cookies, giving you the chance to decide whether to accept it or not. Browsers are different, so refer to the settings menu of your browser for instructions on how to change your cookie preferences. If you choose not to receive cookies, our website may not function properly and certain services may not be available. You can find out more information about cookies and how to manage them by visiting the website www.allaboutcookies.org. You can also find out how to disable Flash cookies visiting www.adobe.com/products/flashplayer/security for details.

If you have questions or comments about the use of cookies on our website, please contact us at Privacy@GoodmanMFG.com

11. Your Choices

By providing your personal information to us, you agree to the collection, processing, international transfer and use of that information as set forth in this Policy. Where required by applicable law, we will ask for your explicit consent.

You may also have the right to lodge a complaint with a supervisory authority.

12. Direct Marketing

We may process personal information provided by you for marketing purposes. You have the right to opt-out of our use of your personal information for marketing purposes. If you no longer wish to receive marketing communications from us, you can let us know by email at Privacy@GoodmanMFG.com You may also use, if provided, the opt-out mechanism at the bottom of our electronic marketing communications to change your marketing preferences or opt-out of all marketing communications.

13. Contact Us

If you have any questions about this Privacy Policy or the information we have collected about you, please contact us by email at Privacy@GoodmanMFG.com or by mail at

Daikin Texas Technology Park
Attn: Legal, IP
19001 Kermier Rd.,
Waller, TX 77484.

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