AAF Flanders Terms of Use
AMERICAN AIR FILTER COMPANY, INC.
VISIONAIR CLEAN™ WEBSITE TERMS OF USE
Last Modified: December 2018
IMPORTANT — CAREFULLY READ: THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND AMERICAN AIR FILTER COMPANY, INC. BY CLICKING THE “ACCEPTED ICON” ASSOCIATED WITH THIS PAGE, OR REGISTERING FOR USE OF THIS SITE, WHICH WILL SERVE AS YOUR SIGNATURE, YOU AGREE TO CONDUCT TRANSACTIONS ELECTRONICALLY AND TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS PAGE WITHOUT ACCEPTING AND REFRAIN FROM ALL FURTHER USE OF THIS WEBSITE.
Acceptance of the Terms of Use
These terms of use are entered into by and among (i) American Air Filter Company, Inc. (“AAF”, “we” or “us”), (ii) you, the individual accessing this Website as a representative of a customer of AAF or other entity for which AAF has approved access, and (iii) our customer, a potential customer or other person or entity for which AAF has approved access (collectively, “Customer”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of aafintl.com/aafvisionairclean, including any content, functionality and services offered on or through aafintl.com/aafvisionairclean (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our VisionAir Clean Privacy Policy, found at https://aafintl.com/en/commercial/about-us/general-information (the “Privacy Policy”), and incorporated herein by reference, and you agree to same on behalf of, and as a representative of, our Customer. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and whose access is approved by AAF. By using this Website, you represent and warrant that you are of legal age to form a binding contract with AAF and meet all of the foregoing eligibility requirements and you are not accessing this Website through a false or misleading user name and are affiliated with the organization as you have represented. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Website thereafter. However, any changes to dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You can determine when these Terms of Use were last revised by referring to the “Last Modified” line at the beginning. In the event that we offer any awards, promotions or contests, you agree that you are subject to any additional posted terms, rules or guidelines applicable to such activity, which are hereby incorporated by reference into these Terms of Use. We reserve the right to modify or discontinue this Website at any time without notice to you, and we will have no liability to you if we do so.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details, such as your affiliation with an organization, or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or if you are no longer affiliated with a Customer.
Electronic Communication
When you use the assessment function of the Website, purchase products, complete any applications or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or through notices on this Website, related websites or by hard copy. You agree that all agreements, notices, disclosures or other information provided to you electronically satisfy any legal requirement that any such communication be in writing.
Confidentiality
You acknowledge and agree that the Website contains confidential, proprietary, trade secrets, and other non-public information of AAF and its affiliates and customers and end users of AAF’s products and services which may include pricing; financial information; strategies; business plans; market studies; technical information on AAF’s products and services; drawings; designs; specifications; models; samples; and customer and end user information including names, address, telephone numbers, fax numbers, email addresses, customer lists, and customer order history (collectively, “Confidential Information”). Except as required for Customer, and you as Customer’s representative, to fulfill obligations to us as set out in any agreement between Customer and AAF or to use the services offered on the Website for internal business purposes, you agree, on behalf of yourself and Customer, that you will (i) not use the Confidential Information; (ii) protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as you would protect your own confidential information, but in no event with less than a commercially reasonable degree of care; (iii) not disclose any of the Confidential Information to any person, even if in furtherance of the agreement between AAF and Customer, unless such person has agreed to not use or disclose such Confidential Information except to use products and services as allowed under the agreement governing the sale or use; and (iv) not disclose any Confidential Information, or permit it to be accessed or used, for any purpose or in any manner to AAF’s detriment, including, without limitation, to reverse engineer, disassemble, decompile or design around AAF’s proprietary products, services and intellectual property.
Confidential Information does not include information that (i) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of these Terms of Use; (ii) at the time of disclosure is, or thereafter becomes, available to you on a non-confidential basis from a third party source that is not prohibited from disclosing such information; (iii) was known by or in the possession of you or Customer, as established by documentary evidence, before being disclosed on the Website or otherwise with an obligation of confidentiality; or (iv) was independently developed by you, as established by documentary evidence, without reference to or use of, in whole or in part, any Confidential Information.
The obligations of confidentiality set out herein shall survive termination of these Terms of Use or your access to the Website.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AAF, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Accordingly, the material and content available on the Website may not be copied, distributed, republished, uploaded, posted or transmitted in any way except as specifically allowed under the terms related to the materials or without the prior written consent of AAF. Modification or use of the material or content on the Website, except as expressly provided in these Terms of Use or terms specific to those products or services, violates our or third parties’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Website.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Website you understand and agree that AAF (i) will have no obligation to keep your Submissions confidential; (ii) will have no obligation to return your Submissions or respond in any way; and (iii) may use your Submissions for any purpose in any way without notice or compensation to you.
These Terms of Use permit you to use the Website as a representative of the Customer only. Except as necessary to perform your duties as a representative of the Customer and to fulfill the obligations of Customer as set out in any agreement Customer may have with AAF, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your use as a representative of the Customer, provided you agree to be bound by the applicable end user license agreement for such applications.
· If we provide social media or interactive features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this Website except as necessary to perform your duties as a representative of Customer and to fulfill the obligations of Customer as set out in any agreement Customer may have with AAF.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you or Customer, and all rights not expressly granted are reserved by AAF. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The AAF name and all related names, logos, product and service names, designs and slogans are trademarks of AAF or its affiliates or licensors. You must not use such marks without the prior written permission of AAF. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Copyright Complaints
AAF respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the notice and procedures for making claims of copyright infringement described below in the section entitled “Copyright Infringement.”
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors or others in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in these Terms of Use.
· To delete or revise any material submitted by any other person or entity.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To misrepresent your affiliation with AAF or otherwise hold yourself or Customer out as an employee or affiliate (other than as allowed in any agreement between AAF and Customer) of AAF or otherwise as having authority to bind AAF to any agreement with any third party.
· To impersonate or attempt to impersonate AAF, an AAF employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm AAF or users of the Website or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider or other automatic device, pro