The following terms and conditions govern all use of the HVAC Albany website and all content, services and products available at or through the website, including, but not limited to, the HVAC Albany paid service ( Paid Account ), (taken together, the Website). The Website is owned and operated by Custom By Design LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, HVAC Alabany's Privacy Policy) and procedures that may be published from time to time on this Site by HVAC Albany (collectively, the  Agreement ).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, or by purchasing any products or services from Custom By Design LLC, or by utilizing any of the products or services from Custom By Design LLC, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HVAC Albany, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old. Privacy Policy Your privacy is critically important to us. Here are ways will or won't use your email address:         We will send you a link to the free video you have requested.         You can view the video with no obligation to purchase anything.         We will never sell, give, or rent your email address to an unauthorized 3rd party.         We may email you to offer other free content or paid products that are related to the video you've requested.         In every email we send there is a link to click if you no longer wish to receive emails from us. Click that link, and we will stop emailing you. At HVAC Albany we have a few fundamental principles:         We don't ask you for personal information unless we truly need it. (We can't stand services that ask you for things like your gender or income level for no apparent reason.)         We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.         We don't store personal information on our servers unless required for the on-going operation of one of our services.         In our blogging products, we aim to make it as simple as possible for you to control what s visible to the public, seen by search engines, kept private, and permanently deleted. If you have questions about accessing or correcting your personal data please contact our support team. Website Visitors: Like most website operators, HVAC Albany collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. HVAC Albany's purpose in collecting non-personally identifying information is to better understand how HVAC Albany's visitors use its website. From time to time, Custom By Design LLC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. HVAC Albany also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on blogs. Customer By Design LLC only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left. Gathering of Personally-Identifying Information Certain visitors to HVAC Albany choose to interact with HVAC Albany in ways that require HVAC Albany to gather personally-identifying information. The amount and type of information that HVAC Albany gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account to provide a username and email address. Those who engage in transactions with HVAC Albany  by purchasing access to the Akismet comment spam prevention service, for example  are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, HVAC Albany collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor s interaction with HVAC Albany. HVAC Albany does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities. Aggregated Statistics HVAC Albany may collect statistics about the behavior of visitors to its websites. For instance, HVAC Albany may monitor the most popular pages or use spam screened by the Akismet service to help identify spam. HVAC Albany may display this information publicly or provide it to others. However, HVAC Albany does not disclose personally-identifying information other than as described below. Protection of Certain Personally-Identifying Information Custom By Design LLC discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Custom By Design LLC behalf or to provide services available at Custom By Design LLC websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Custom By Design LLC websites, you consent to the transfer of such information to them. Custom By Design LLC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Custom By Design LLC discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Custom By Design LLC believes in good faith that disclosure is reasonably necessary to protect the property or rights of Custom By Design LLC third parties or the public at large. If you are a registered user of an HVAC Albany website and have supplied your email address, Custom By Design LLC, Inc may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what s going on with Custom By Design LLC and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Custom By Design LLC, Inc takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information. Cookies A cookie is a string of information that a website stores on a visitor s computer, and that the visitor s browser provides to the website each time the visitor returns. HVAC Albany uses cookies to help Custom By Design LLC dentify and track visitors, their usage of HVAC Albany website, and their website access preferences. HVAC Albany visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Custom By Design LLC s websites, with the drawback that certain features of Custom By Design LLCs websites may not function properly without the aid of cookies. Business Transfers: If HVAC Albany, or substantially all of its assets were acquired, or in the unlikely event that Custom By Design LLC goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of HVAC Albany.com may continue to use your personal information as set forth in this policy. Ads: Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by HVAC Albany and does not cover the use of cookies by any advertisers. Comments: Comments and other content submitted to our Akismet anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives. Privacy Policy Changes Although most changes are likely to be minor, Custom By Design LLC may change its Privacy Policy from time to time, and in Custom By Design LLC's sole discretion. Custom By Design LLC encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change. Terms of Service: These terms and conditions apply to your use of all our training websites, as well as any of our sub-domains. By accessing the Website, you attest that you are at least 18 years old.
Your HVAC Albany Account and Site. If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Custom By Design LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Custom By Design LLC liability. You must immediately notify Custom By Design LLC of any unauthorized uses of your blog, your account or any other breaches of security. Custom By Design LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.URL will not be liable for any activities or postings on the blog and you will hold URL harmless therefrom.         Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material,  Content ), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:                          the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;                 if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;                 you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;                 the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;                 the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);                 the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;                 your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;                 your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog s URL or name is not the name of a person other than yourself or company other than your own; and                 you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Custom By Design LLC or otherwise.
By submitting Content to HVAC Albany for inclusion on your Website, you grant Custom By Design LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Custom By Design LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Custom By Design LLC has the right (though not the obligation) to, in Custom By Design LLC sole discretion (i) refuse or remove any content that, in Arbor Group Associates, Inc s reasonable opinion, violates any Arbor Group Associates, Inc policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Custom By Design LLCs sole discretion.Custom By Design LLC will have no obligation to provide a refund of any amounts previously paid.         Payment and Renewal.                                          General Terms. By using our products or providing your credit card, and other information, you (“Customer”) agree to these Terms and Conditions, and if you are selecting the installment payment plan, you are agreeing to allow us to charge your card for the proper installments.                                 Paid products or services may be available on the Website (any such services, an  Upgrade ). By selecting an Upgrade you agree to pay Arbor Group Associates, Inc.  the monthly or annual  fees indicated for that service (additional payment terms specifically for Paid Accounts are described below).                         Automatic Renewal.                         Your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.                          Paid Accounts.                                          Fees; Payment. By signing up for a paid account you agree to pay Custom By Design LLC. the fees indicated at HBAC Albany in exchange for the products or services listed on the site. Applicable fees will be invoiced starting from the day your Paid Accounts are established and in advance of using such services. Custom By Design LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.                          Responsibility of Website Visitors. Arbor Group Associates, Inc has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material s content, use or effects. By operating the Website, Custom By Design LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Arbor Group Associates, Inc disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.         Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which HVAC Albany links, and that link to HVAC Albany. Custom By Design LLC Inc does not have any control over those non-HVAC Albany websites and webpages, and is not responsible for their contents or their use. By linking to a non-HVAC Albany website or webpage, Custom By Design LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Custom By Design LLC disclaims any responsibility for any harm resulting from your use of non-HVAC Albany websites and webpages.         Copyright Infringement and DMCA Policy. As Custom By Design LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HVAC Albany violates your copyright, you are encouraged to notify Custom By Design LLC in accordance with HVAC Albany's Digital Millennium Copyright Act ( DMCA ) Policy. Custom By Design LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Custom By Design LLC will terminate a visitor s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Custom By Design LLC or others. In the case of such termination, Custom By Design LLC will have no obligation to provide a refund of any amounts previously paid to Custom By Design LLC.         Intellectual Property. This Agreement does not transfer from Custom By Design LLC to you any Custom By Design LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Custom By Design LLC. HVAC Albany, the HVAC Albany logo, and all other trademarks, service marks, graphics and logos used in connection with HVAC Albany, or the Website are trademarks or registered trademarks of HVAC Albany or Custom By Design LLCs licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Custom By Design LLC, Inc or third-party trademarks.         Changes. Custom By Design LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Custom By Design LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.         Termination. Custom By Design LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HVAC Albany account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can be terminated as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.         Disclaimer of Warranties. The Website is provided  as is . Custom By Design LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Custom By Design LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Custom By Design LLC does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications not posted by the owners of our training program. Arbor Group Associates, Inc does not endorse any opinions expressed by others on the online sites connected to the main domains. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED ON HVAC Albany, our private facebook groups, or other user generated online forums we manage WILL BE AT YOUR OWN RISK.   All Products And Services Are Sold “As-Is” Or “With All Faults”: Custom By Design LLC. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. Arbor Group Associates, Inc.  DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY Arbor Group Associates, Inc.  ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.         Limitation of Liability. In no event will Custom By Design LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Custom By Design LLC under this agreement during the twelve (12) month period prior to the cause of action. Custom By Design LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.  IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The information contained in or made available through our training material, or in our Facebook group (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. You should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with laws, including but not limited to laws related to harassment, assault or other similar laws.         General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the HVAC Albany Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.         Indemnification. You agree to indemnify and hold harmless Arbor Group Associates, Inc, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.         Miscellaneous. This Agreement constitutes the entire agreement between Custom By Design LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Custom By Design LLC, or by the posting by Custom By Design LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Elkhart, Indiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ( JAMS ) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Elkhart, Indiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Custom By Design LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.