Welcome to our Web site. We maintain this Web site as a service to you and to our members. This agreement (“Agreement”) is a legally binding contract entered into by and between you and the Insulation Contractors Association of America (hereinafter referred to as “ICAA,” “we” and “us”).
The following are the terms and conditions for use of this Web site and for use of any services which may be offered from time to time by ICAA. Please read this Agreement carefully.
BY USING THIS WEB SITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF THIS WEB SITE IS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY PRINT THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR COMPUTER. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT REVIEW INFORMATION FROM THIS WEB SITE OR OTHERWISE USE THIS WEB SITE.
We may amend this Agreement at any time by posting amended terms on this Web site. Please check this Agreement periodically for changes. You are responsible for regularly reviewing this Agreement. Your continued use of this Web site after any amendment to this Agreement shall constitute your consent to such amendment. This Agreement was last amended on January 19, 2001.
- Limited Right to Use. As a user of this Web site, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Web site in accordance with this Agreement. You may use this Web site for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Web site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this Web site, except as expressly allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through this Web site. The posting of information or materials on this Web site does not constitute a waiver of any rights in such information and materials.
- Modification of this Web site. We may without notice modify or discontinue, temporarily or permanently, any or all of this Web site. You agree that we will not be liable for any such modification or discontinuance of this Web site.
- Indemnification. You agree to indemnify and hold harmless ICAA, its successors and assigns and affiliates and each of ICAA’s officers, directors, members, agents and employees from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses (including, but not limited to, attorneys’ fees and court costs) and disbursements of any kind or nature whatsoever that may be imposed upon, incurred by, or asserted in any matter relating to or arising from your use of this Web site or your violation of this Agreement.
- Disclaimer and Limits. This Web site (including, but not limited to, the ICAA-member contractor locator feature and Information regarding ICAA Certified Commercial Building Insulation Contractors) is provided as a convenience to you for informational purposes only. As a trade association, ICAA cannot and does not endorse any particular contractor or type of insulation material or product, nor is ICAA responsible for the performance of any contractor. ICAA itself is not offering insulation contracting services. ICAA has no authority to act on behalf of any of the contractors listed on this Web site, nor is ICAA the agent, employee, partner, or joint venturer of such contractors. No ICAA-member contractors, including the contractors listed on this site, are obligated to provide services to you. You are free to negotiate with any contractor, including the contractors listed on this Web site.
THE INFORMATION FROM OR THROUGH THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, THE ICAA-MEMBER CONTRACTOR LOCATOR FEATURE AND INFORMATION REGARDING ICAA CERTIFIED COMMERCIAL BUILDING INSULATION CONTRACTORS) IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ICAA AND/OR ITS MEMBERS HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THIS WEB SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ICAA AND/OR ITS MEMBERS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSSES OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ICAA. THIS WEB SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEB SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL BE EQUAL TO THE PURCHASE PRICE YOU PAY TO US, IF ANY, FOR ANY GOODS, SERVICES OR INFORMATION.
- No Legal Advice. Content contained on or made available through this Web site is not intended to and does not constitute legal advice and no attorney-client relationship is formed. Although we try to provide quality information, we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in this Web site. As legal advice must be tailored to the specific circumstances of each case, and because the laws vary from state to state and are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.
- Links to Other Web sites. This Web site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Web site and access these third-party Web sites, you do so at your own risk.
- Securities Laws. This Web site may include statements concerning our and/or our members’ operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our and/or our members’ intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our and/or our members’ control. When used on this Web site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. This Web site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, if any.
- Information and Press Releases. This Web site may contain information and press releases about us and/or our members. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- General. This Agreement shall be subject to and interpreted in accordance with the laws of the State of Virginia, excluding its conflicts of laws rules, and the United States of America. You agree that the exclusive jurisdiction for any claims or action relating to this Agreement or your use of this Web site shall be in the courts located in Alexandria, Virginia, and you submit to the exercise of personal jurisdiction in those courts. This Agreement sets forth the entire agreement and understanding between you and ICAA with respect to the subject matter hereof and supersedes all prior oral and written agreements and understandings related hereto. The failure of either party at anytime (or times) to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision or any other provision. In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and ICAA as a result of this Agreement or your use of this Web site. The section headings contained in this Agreement are inserted for convenience only and in no way define, limit or extend the scope or intent of any provision of this Agreement. You agree that you may not assign this Agreement and that ICAA may freely assign this Agreement. All provisions of this Agreement which by their nature are intended to survive the expiration or termination of this Agreement shall survive and remain in full force and effect. Any cause of action by you with respect to this Web site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.