Engineered Air Balance Co., Inc. Terms of Use Agreement
Effective July 20, 2021
The Terms of Use Agreement (“Agreement”) provided below set forth a legally binding agreement between the user and Engineered Air Balance Co., Inc., 3309 Matrix Drive, Richardson, Texas, 75082 (“EAB”), and governs activities in connection with use of EAB’s services, systems, websites, mobile applications, and social media pages (“EAB’s Platforms”). The terms “we,” “us” and “our” refer to EAB. EAB offers EAB’s Platforms, including all information, tools and services available and associated with EAB’s Platforms, to the user, conditioned upon the user’s acceptance of this Agreement. Your use of EAB’s Platforms constitutes your acceptance of this Agreement.
EAB reserves the right to withdraw or amend any material provided on EAB’s Platforms, in EAB’s sole discretion, without notice. EAB will not be liable if, for any reason, EAB’s Platforms are unavailable at any time or for any period. EAB may, at EAB’s discretion, restrict access to EAB’s Platforms, in whole or in part, to the user.
When accessing EAB’s Platforms, user maintains sole responsibility for the following:
During use of EAB’s Platforms, user may be asked to provide certain Personal Information and Data. “Personal Information and Data” is defined as information or data reasonably capable of being linked to a specific individual. Pursuant to this Agreement, user consents to EAB’s Privacy Policy and description of user’s Personal Information and Data described therein, and represents that all personal information provided in connection with use of EAB’s Platforms is accurate current and complete.
During use of EAB’s Platforms, user may be furnished with a username and password, or other individual information provided for security purposes. User agrees to keep such information confidential, not to disclose such information to any other individual or entity, not to provide such information to any unauthorized users. At its sole discretion and without advance notice or liability, EAB may terminate and/or suspend EAB Platform users accounts. Upon such termination and/or suspension, user agrees to immediately discontinue use of EAB Platforms.
All content on EAB Platforms (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by EAB, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. User may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided user does not modify or delete any copyright, trademark or other proprietary notice that appears on the material user accesses, copies, downloads, or prints. Any other use of content on EAB Platforms, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from EAB Platforms, or use EAB Platforms for purposes competitive to EAB, is expressly prohibited. User agrees to abide by all additional restrictions displayed on EAB Platforms as it may be updated from time to time. EAB, or its licensors or content providers, retain full and complete title to the material provided on EAB Platforms, including all associated intellectual property rights, and provide this material to user under a license that is revocable at any time in EAB’s sole discretion. EAB neither warrants nor represents that user’s use of materials on EAB Platforms will not infringe rights of third-parties not affiliated with EAB.
User may not use contact information provided on EAB Platforms for unauthorized purposes, including marketing. User may not use any hardware or software intended to damage or interfere with the proper working of EAB Platforms or to surreptitiously intercept any system, data or personal information from EAB Platforms. User agrees not to interrupt or attempt to interrupt the operation of EAB Platforms in any way.
Some features that may be available on EAB Platforms offer email communications and user agree to provide true, accurate, current and complete information about user. Users or third-parties acting on behalf of user are not allowed to frame EAB Platforms or use EAB Platforms’ proprietary marks as meta tags, without prior written consent from EAB. These marks include, but are not limited to, Engineered Air Balance Co., Inc., Engineered Air Balance, and EAB. User may not use frames or utilize framing techniques or technology to enclose any content included on EAB Platforms without EAB’s express written consent. Further, user may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without EAB’s express written consent.
In connection with use of EAB Platforms, user agrees that user will not:
User further agrees not to use EAB Platforms for or in connection with offering, providing, or soliciting any third-party product or service not authorized or approved by EAB.
User may not engage in any conduct in violation of this Agreement.
EAB is not responsible if information made available on EAB Platforms is not accurate, complete or current. The material on EAB Platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on EAB Platforms is at users own risk. EAB Platforms may contain certain historical information. Historical information necessarily is not current and is provided for user reference only. EAB reserves the right to modify the contents of EAB Platforms at any time, but EAB has no obligation to update any information on EAB Platforms. By using EAB Platforms, user accepts responsibility to monitor changes to the site.
User acknowledges that user is responsible for any material user may submit to EAB Platforms, including the legality, reliability, appropriateness, originality and copyright of any such material.
If user does submit material, and unless EAB indicates otherwise, user grants EAB and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. User further agrees that EAB is free to use any ideas, concepts, know-how that user or individuals acting on user’s behalf provide to EAB. User grants EAB and its affiliates the right to use the name user submits in connection with such material, if they so choose. All personal information provided through EAB Platforms will be handled in accordance with EAB’s Privacy Policy. User represents and warrants that user owns or otherwise controls all the rights to the content user provides; that such content is accurate; that use of the content user supplies does not violate any provision herein and will not cause injury to any person or entity; and that user will indemnify EAB for all claims resulting from content user supplies.
EAB Platforms may contain links to other platforms, some of which are operated by EAB or its affiliates and others of which are operated by third-parties. These links are provided as a convenience to user and as an additional avenue of access to the information contained therein. EAB has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to use of any linked sites. EAB is not responsible for any losses, damages or other liabilities incurred as a result of use of any linked sites.
Trademarks, logos and service marks displayed on EAB Platforms are registered and unregistered trademarks of EAB, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. EAB reserves all rights not expressly granted in and to the platform and its content. EAB Platforms and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
EAB respects the intellectual property rights of others and request that user do the same. If you believe your copyright has been infringed, you may notify Engineered Air Balance:
Engineered Air Balance Co., Inc.
Corporate Office
3309 Matrix Drive
Richardson, TX 75082
Office: 972-818-9000
info@eabcoinc.com
To be effective, your notification must: (i) be in writing; (ii) be provided to our Corporate Office; and (iii) include substantially the following:
EAB is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on EAB Platforms, including material user provides to EAB, and so EAB has an absolute right to remove any material from EAB Platforms in EAB’s sole discretion at any time.
USE OF EAB PLATFORMS IS AT USER’S SOLE RISK. EAB PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EAB RESERVES THE RIGHT TO RESTRICT OR TERMINATE USER ACCESS TO EAB PLATFORMS OR ANY FEATURE OR PART THEREOF AT ANY TIME. EAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTIBILTY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATED TO OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCEN, OR COURSE OF USEAGE, WARRANTIES OF SERVICES AND TRAINING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO EAB PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT EAB PLATFORMS WILL BE SECURE; THAT EAB PLATFORMS OR THE SERVER THAT MAKES EAB PLATFORMS AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON EAB PLATFORMS WILL BE COMPLETE, ACCURATE OR TIMELY. IF USER DOWNLOADS ANY MATERIALS FROM EAB PLATFORMS, USER DOES SO AT USER’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAB OR THROUGH OR FROM EAB PLATFORMS SHALL CREATE ANY WARRANTY OF ANY KIND. EAB DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON EAB PLATFORMS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
USER ACKNOWLEDGES AND AGREES THAT USER ASSUMES FULL RESPONSIBILITY FOR USE OF EAB PLATFORMS. USER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION USER SENDS OR RECEIVES DURING USE OF EAB PLATFORMS MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. USER ACKNOWLEDGES AND AGREES THAT USE OF EAB PLATFORMS IS AT USER’S OWN RISK AND THAT EAB PLATFORMS ARE MADE AVAILABLE TO USER AT NO CHARGE. RECOGNIZING SUCH, USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EAB NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELATED TO LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF BUSINESS OR GOODWILL OR OTHER OF ANY OTHER CATEGORY OR DESCRIPTION ARISING OUT OF OR IN ANY WAY RELATED TO EAB PLATFORMS, THIS AGREEMENT, EAB’s PRIVACY POLICY, THIRD-PARTY USE OF OR ACCESS TO USER INFORMATION, OR ANY OTHER PLATFORM USER ACCESSES THROUGH A LINK FROM AN EAB PLATFORM OR FROM ANY ACTIONS EAB TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS USER SENDS TO EAB, OR THE DELAY OR INABILITY TO USE EAB PLATFORMS, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH EAB PLATFORMS, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON EAB PLATFORMS, OR OTHERWISE ARISING OUT OF THE USE OF EAB PLATFORMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EAB, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY LOSS, DAMAGES, OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. USER SPECIFICALLY ACKNOWLEDGES AND AGREE THAT NEITHER EAB NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. USERS SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH EAB IS TO DISCONTINUE USE OF EAB PLATFORMS. USER AND EAB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILIT WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
User agrees to indemnify, defend and hold harmless EAB and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all claims, liabilities, damages, losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or in connection with any of the following: (i) users breach or alleged breach of this Agreement; (ii) users improper use of EAB Platforms; (iii) User’s violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental body; and (iv) user’s violation of the rights of any third-party, including any intellectual property right, publicity, confidentiality, or privacy rights. EAB reserves the right, at user’s expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by user, and, in such case, user agrees to cooperate with EAB in the defense of such matter.
Jurisdiction and Applicable Law
This Agreement and the relationship between user and EAB shall be governed by the laws of the State of Texas without regard to any conflict of law provisions. User agrees to the personal and exclusive jurisdiction of the courts located within Dallas, Texas. User hereby consents to the exclusive jurisdiction and venue of the State and Federal Courts in Dallas, Texas in all disputes.
Entire Agreement and Admissibility
This Agreement and any policies or operating rules posted on EAB Platforms constitute the entire agreement and understanding between user and EAB with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of EAB Platforms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
Questions or comments that relate to EAB’s Terms of Use Agreement may be directed to:
Engineered Air Balance Co., Inc.
Corporate Office
3309 Matrix Drive
Richardson, Texas 75082
Office: 972-818-9000
info@eabcoinc.com
EAB reserves the right, at its sole discretion, to modify this Terms of Use Agreement periodically at any time and without prior notice to user. It is user’s responsibility to check periodically for any changes EAB makes to the Terms of Use Agreement. User’s continued use of EAB Platforms after any changes to the Terms of Use Agreement or other policies means user accepts the changes. This Terms of Use Agreement was last updated on July 20, 2021.