Terms Of Service
At UVDI.com we care about your privacy rights and we want you to know how we treat your personal information. This Privacy Policy (“Privacy Policy”) explains how we at www.UVDI.com and at UltraViolet Devices, Inc. (“UVDI”) use your personally identifiable information (“Personal Information”). If you do not agree to this Policy, please do not use any of our services or offerings and do not continue to visit this website (collectively, the “Site”). From time to time, we may update this Privacy Policy to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Site. If we make any material changes we will notify you means of notice on the Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information about our privacy practices. The Effective Date of this Privacy Policy is 10/01/2013.
1. Types of Personal Information We Collect
Personal Information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. We may ask you to provide to us and/or collect from you the following types of Personal Information:
Contact Information that allows us to communicate with you, such as your name, postal addresses, email addresses, telephone numbers, or other addresses at which you receive communications from or on behalf of UVDI.
Registered User Information helps us to understand who you are and what types of purchases you might like to make, or what types of items you might want to sell in the future.
2. Using Price Quote Software:Registered users are invited to use the UVDI Price Quote Software to determine price quotes for UVDI products; during this process the following information will be collected: name, company and contact information, type of product/service, application, HVAC specifications and other relevant data. During the quote software process, specific information about the quote will be collected, stored and reviewed by UVDI. If the registered user does not complete the quote transaction, UVDI may contact the registered user to finish the quote process or to provide additional information to the user. Using the UVDI Price Quote Software is merely intended to facilitate the communication between UVDI and its Registered Users and not intended to create any contract or obligation on either UVDI or any user of the UVDI Price Quote Software.
3. How UVDI Collects Personal Information
We may ask you for Personal Information (including Contact Information and the Type of Products Being Viewed) when you register, when you purchase goods through UVDI, or when you otherwise interact with the Site or contact UVDI. We collect Transaction Information when you use our Site. For example, we may track the products or services that you view or actually purchase, and the comments you make using the various methods of communication that may be offered on or through the Site from time to time (collectively “Forums”), as well as your comments in electronic communication with UVDI. We use cookies and related technologies to collect information about your computer and your interaction with the Site and our business partner websites. We also collect Transaction Information if you contact us via telephone, email, text, postal mail, or other electronic communication. If you have questions about the security and privacy settings of your computer, please refer to instructions from the manufacturer of your computing device to learn how to adjust your settings. We may also receive additional Personal Information from third parties. We may use this Personal Information to enhance other information we have about you to help us better understand you and to otherwise enhance the Site or UVDI services.
4. How UVDI Uses Personal Information
UVDI uses Personal Information to:
Operate and improve the Site;
Provide Price Quote information about UVDI products and services;
Determine eligibility of users for certain UVDI products or services;
Provide customer support;
Communicate and provide additional information that may be of interest to you about UVDI, including completing use of the UVDI price quote software;
Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, or marketing;
Market the site and provide advertisements to you through the Site, email messages, text messages, applications, or other methods of communication;
Administer promotions such as contests or events;
Manage our Site administration, analytics, fraud prevention, Terms of Use, or to comply with the law.
5. When and Why UVDI Discloses Personal Information
We will not disclose your Personal Information to third parties except to:
Our service providers that provide services for us such as sending emails on our behalf. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them.
UVDI business partners or advertisers, as part of an offer or other activity that is provided by or in conjunction with UVDI and its business partners and in which you have elected to participate.
Effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. If UVDI is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information
We may also disclose Personal Information when required or advised to do so by law, such as in the context of litigation, response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate.
Please know that the use of your Personal Information by third parties sites, even when linked to from the UVDI site is governed by the privacy policies of such parties and is not subject to our control.
We may also disclose information about you that is not personally identifiable. For example, we may provide our merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.
6. Cookies and Related Technologies
When you use our Site, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Site and applications, your browser and devices communicate with servers operated by us and our business partners and service providers to coordinate and record your interactions with the site, as well as to provide you with services and information. The information is stored in web server logs and also in web cookies kept on your computer or mobile devices, and then transmitted back to our Site by your computer or mobile device.
Our server logs may also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Site. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to our Site, and the website you visit after you leave our Site, if this information is supplied to us by your browser. Additionally, if the settings on your location-aware device allow us to receive Location Information, we will collect that automatically. If we associate Location Information with other Personal Information, this Privacy Policy governs how we would use that information, too.
7. Limiting Information to UVDI
You can limit the information you provide to UVDI, and you can limit the communications that UVDI sends to you. You may choose to receive some types of UVDI Communications, and may choose to unsubscribe from others. You may update your UVDI Communications preferences from time to time. Please note that even if you unsubscribe from promotional email UVDI Communications, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email UVDI Communications, we will still send you communications directly related to your transactions on the Site.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You may manage how your mobile device and mobile browser share Location Information with UVDI, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
8. Accessing and Correcting Personal Information
Keeping Personal Information about you current helps ensure that we can provide updated and accurate price quote information and product information to you. You can do several things to help keep Personal Information about you current. You can access, update and delete your Contact Information and the other information you provided to us in your profile by logging into your account and accessing the “My Account” section of the Site; you can also send us an email at [email protected]. If you want to close your account or have other questions or requests, please contact us. While we are ready to assist you in managing your UVDI Communications, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous transactions on the Site for financial reporting and compliance reasons. We will retain your information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. Security of Personal Information
UVDI has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information.
10. Notice to Residents of Countries outside the United States of America
UVDI is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Policy, regardless of where it is processed or stored.
11. California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by UVDI pursuant to Section 1798.83 of the California Civil Code, please contact us via email at [email protected], or by writing us at the address provided below for UVDI. Please allow 30 days for a response.
12. Children
Children under the age of 18 are not permitted to use UVDI and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. If we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s Personal Information from our databases.
13. Contact Us With Questions
Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at [email protected]. You can reach us via e-mail and postal mail at the following address:
UVDI
26145 Technology Dr.
Valencia, CA 91355
14. Disclaimers of Warranty
You agree that your use of UVDI website and the Price Quote Software shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, UVDI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS. UVDI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA UVDI. UVDI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH UVDI OR ANY LINKED WEBSITE OR WEBSITE REFERENCED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UVDI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE UVDI WEBSITE PRICE QUOTE SOFTWARE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL UVDI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, ALSO REFERRED TO AS “UVDI”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE UVDI WEBSITE PRICE QUOTE SOFTWARE OR ANY TRANSACTION YOU MAKE AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE UVDI WEBSITE PRICE QUOTE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE UVDI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT UVDI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UVDI WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PARTNERS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL UVDI BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION. UVDI is controlled and offered by UVDI from its facilities in the United States of America and we make no representations that UVDI is appropriate or available for use in other locations. Those who access or use UVDI from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnification
You agree to defend, indemnify and hold harmless UVDI from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the UVDI Website Price Quote Software; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right in connection with your use of the UVDI WEBSITE PRICE QUOTE SOFTWARE or any transactions arising in connection with or related to the Site and/or its users or service providers; or (iv) any claim that one of the UVDI WEBSITE PRICE QUOTE SOFTWARE results caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of UVDI. UVDI reserves the right, but has no obligation, to monitor, or take any action UVDI deems appropriate regarding disputes that you may have with other Users, Service Providers, Vendors, Advertisers or other parties connected to the UVDI WEBSITE PRICE QUOTE SOFTWARE in any way. To the extent the law permits, you release us from any claims or liability related to any results from UVDI WEBSITE PRICE QUOTE SOFTWARE and from claims related to the conduct, services and/or products of any third parties outside of UVDI’s immediate ownership or control.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF UVDI TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) FIFTY DOLLARS (U.S. $50.00).
Intellectual Property Rights
Except as expressly set forth in these Terms of Service, UVDI and its Licensors own, control and reserve and shall retain all right, title and interest in and to the trademarks, copyrighted material and other intellectual property on the Site and in reference to the Services, This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). All of the Content on the Site and contained in the Services is provided AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as permitted through UVDI’s functionality and under these Terms of Service. Notwithstanding the foregoing, you retain ownership of your User Submissions , but by posting them to the Site, grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, assignable and the right to sublicense, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights.
Electronic Communications
The communications between you and UVDI use electronic means, whether you visit the Site or send us emails, or whether UVDI posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from UVDI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UVDI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. Communication between Buyers and Sellers should take place using the UVDI interface.
General Terms
There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. These Terms of Service shall be governed by the laws of the State of California. Any claim or dispute between you and UVDI that arises in whole or in part from UVDI shall be decided exclusively by a court of competent jurisdiction located in the County of Los Angeles, State of California. These Terms of Service, together with the Privacy Notice at UVDI.com/privacy and any other legal notices published by UVDI on the Site shall constitute the entire agreement between you and UVDI.