Hello

Thank you for your interest in our products and services.  We hope you’ll find our website informative and helpful.
Please carefully review the following Terms of Use that include, among other things, limitations on our liability and your waiver of rights to participate in class actions, both of which will affect how disputes between you and us are resolved. 

Terms of Use

These Terms of Use (“Terms”) apply to the website located at www.GoodmanMFG.com, any associated websites that may be linked to it, and any content or services provided on or by those websites (collectively the “Sites”).  These Terms, which govern your use of the Sites, are a binding legal agreement between you and any entity you represent, on the one hand, and Goodman Global Holdings Inc. and its subsidiaries (collectively “Goodman” or “us” or “we” or “our”), on the other hand.
Some of the Sites may have additional terms and conditions that govern your use of those Sites or may require you to enter into a license agreement with us.  Any license terms or additional terms associated with a Site or service will become a part of these Terms and, thus, part of your agreement with us.  To the extent there is conflict, license terms control, then additional terms, and then these Terms here.  
By accessing or using the Sites, you agree to be bound by these Terms—without limitation or qualification.  If you do not agree, you may not access or use the Sites.
We also reserve the right, at our sole discretion, to modify these Terms at any time.  You are responsible for checking these Terms for modifications.  And your continued use of the Sites after we post any modification means that you agreed to the Terms as modified.
Subject to these Terms and if you comply with them, we grant you a personal, revocable, and non-exclusive limited license to access and use the Sites.

Accessing and Using the Sites

The Sites are provided to you so that you may obtain information about or interact with our products and services.  You will only access and use these Sites for those purposes and not for any other purpose, including any unlawful or malicious purpose.  For example, you will not attempt to gain unauthorized access to the Sites, submit false or misleading information to us (including representing that you are somebody that you are not or have authority that you do not), use automated systems to monitor or copy content from the Sites, interfere with the normal operations of the Sites, upload infringing, disparaging, malicious, or inappropriate content, interfere with the access or use of the Sites by others, or consume a disproportionate or unreasonable amount of the Sites’ resources.
While the Sites may be globally accessible through the internet, the Sites are intended for our customers and end-users located in the United States.  Products or services mentioned on the Site may not be available to you, or may be prohibited by law, in your location.  And sales and marketing promotions offered on the Sites may not apply to you.  If you choose to access the Sites from outside the United States, you do so at your own risk and are solely responsible for complying with all applicable laws in your location.
The Sites are only for those who are 18 years of age or older.  If you are between the ages of 13 (or the equivalent minimum age in your jurisdiction) and 18, you agree you will only use the Sites under the direct supervision of a parent or legal guardian who agrees to be bound by the Terms.  If you are younger than 13 years old (or the equivalent minimum age in your jurisdiction), you must not use the Sites, and any such use is an express violation of these Terms.
You agree to follow any policies or guidelines associated with any of the Sites.
We may remove the Sites (temporality or permanently).  We may limit or disable your access to the Sites without notice to you.  And we may suspend or terminate your access or use of the Sites if, for example, you do not comply with these Terms or if we suspect so.

Disclaimers, Limitation of Liability, Class-Action Waiver, and Indemnity

Please read this Section 2 carefully, as it addresses disclaimers, limitations of liability, class-action waivers, and indemnity.

Disclaimers

You access and use the Sites at your own risk, and you agree we are not liable in any way for your access or use of the Sites.
To the maximum extent possible under applicable law, all of the Sites are provided AS-IS, AS-AVAILABLE, WITH ALL FAULTS, and without any warranty of any kind—express or implied—including, but not limited to, any warranty of merchantability, of fitness for a particular purpose, of title, or of non-infringement.
That means that we do not, among other things, warrant that the Sites or your use of the Sites will i) be timely or uninterrupted, ii) provide any specific results, iii) be free from any defects, viruses (or other malicious code), corruption, hacking, content losses, errors, or omissions, iv) be corrected to address any defects on the Sites, or v) secure.

Limitations of Liability

Our liability to you will be limited to the fullest extent permitted by applicable law. 
That means, to fullest extent permitted under applicable law, in no case will we (including our directors, officers, employees, affiliates, agents, contractors, or licensors) be liable to you for any claim or damages, whether arising out of contract, tort, or otherwise, based on your use of the Sites—including, but not limited to, any claim i) based on any errors or omissions in any content, any virus, or any defect, ii) for any loss or damage of any kind incurred as a result of the use of the Sites, even if we were advised of their possibility, or iii) for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Sites.  You agree to release us from liability for any such claims.
And you agree that no website—including the Sites, and transmissions to or from it—are ever completely private or secure.  You agree that your submission of any information to us is at your sole risk, and you hereby release us from all liability to you for any loss or liability relating to such information in any way.  For example, you release us from any and all liability related to a data breach.
If, for some reason, it is determined by a court of competent jurisdiction that the above limitations do not apply and that you have a basis for recovering damages because of your use or access of the Sites, you agree that your exclusive cumulative remedy for all claims is to recover five U.S. dollars ($5.00) from us.  And this limitation will survive even if it does not fully compensate you for your losses, fails for its essential purpose, or if we knew or should have known about the possibility for damages. 

Indemnity

You agree, to the maximum extent permitted by law, to indemnify and hold harmless us (including our directors, officers, employees, affiliates, agents, contractors, and licensors) against any claims, whether first-party claims or third-party claims, arising out of or based on your access or use of the Sites or your breach of these Terms.

Class-Action Waiver

Our hope is that there is never a dispute between you and us.  But if there is, you agree you will bring any claims that you may have arising out of or based on the Sites or these Terms individually and that you will not join your claim with any claim of another person or entity, whether through participation in a class-action proceeding or otherwise.  To the fullest extent permitted by applicable law, no proceeding brought under these Terms shall be joined to another proceeding involving any other party subject to these Terms, whether through class-action proceedings or otherwise.

Certain Rights

You may have certain rights that cannot be disclaimed under your local law.  For example, some jurisdictions do not allow the exclusion of implied warranties, and the above exclusion of implied warranties may not apply to you to the extent prohibited by law.  Similarly, some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, and in such jurisdictions our liability shall be limited to the maximum extent permitted by law.   
Moreover, nothing in these Terms is intended to affect any individual product warranties for a particular physical product.

Our Content

All content—such as, images, text, trademarks, logos, artworks, designs, or code—on the Sites is owned by or licensed to us and is protected by copyright, trademark, patent, or other intellectual property laws.  Using or accessing our Sites does not grant you any ownership of or licenses to this content.  You may not use content from our Sites without obtaining permission from the content’s owner or without having permission under the law.  And if any of the content carries a legal notice, you may not alter, remove, or obscure that notice. 
Many of the Sites display trademarks, service marks, logos, or other designations of source (collectively “marks”).  All marks are registered or unregistered marks of Goodman Global Holdings, Inc., its corporate affiliates, or our licensors or content providers.  All of these marks are the exclusive property of their respective owners.  And your access and use of the Sites does not grant you—by implications or otherwise—any license, right to use, or ownership interest in any marks.
We may change, remove, or add to any content on our Sites without notification to you.

Your Submissions

We encourage you to submit your comments and questions to us.  We try to respond to as many of your submissions as we can.  But please carefully review the following before making any submission to us.   
In certain instances, you may be able to submit (e.g., upload) content to or through the Sites.  You will not submit any content to the Sites that is infringing, inappropriate, harmful, malicious, or defamatory; nor will you submit any content without the express authorization of the owner of such content.  And we may remove or reject any content you submit. 
If you choose to provide any content to us, we will not treat it as confidential, and you hereby grant (upon your submission) to us (and our agents and corporate affiliates) a worldwide, irrevocable, perpetual, non-exclusive, fully transferable, sublicensable, and royalty-free license to use, reproduce, distribute, or otherwise make derivatives works of any content that you submitted.  You are solely responsible for any content you submit, and you agree to indemnify, hold harmless, and defend us against any third-party claims, actions, allegations, or liabilities based on the content you submitted. 
We also appreciate that many of you are innovative and have ideas to improve the HVAC-R industry.  But, as leader in the industry, we are working on numerous research and development projects—some of which may be similar to yours.  Accordingly, please do not send us new ideas for products or services before first contacting Goodman’s Legal department (Legal@GoodmanMFG.com) for express instruction on how to do so.  If you choose to submit your ideas without following our instructions, whether through the Sites or otherwise, you agree that we may treat your submissions as non-confidential and are free to use, distribute, or otherwise incorporate your submitted ideas without any compensation or consideration to you.  Of course, we will respect intellectual property rights provided by a valid, enforceable patent. 

Third-Party Content, Links

Some of the Sites may link to third-party services or resources or may contain third-party content.  We provide these third-party links and content as a convenience, and we make no representations or warranties regarding, for example, the accuracy, suitability, or proprietary of such.  You will use or access any third-party content or links at your own risk, and you agree we are not liable in any way for your access or use of such.   
In some instances, comments from users of the Sites or our products or services may be posted on the Sites, or in other documents.  These comments are the ideas or opinions of users of the Sites or our products or services, and do not necessarily represent our ideas or opinions.

Privacy

Your privacy is important to us.  Our Privacy Policy is here, and it applies to the Sites.  If you are in a jurisdiction where data collection and processing requires consent, by agreeing to these Terms, you are providing your consent to the collection and use of your data in accordance with our Privacy Policy.

About these Terms

You agree that any dispute arising out of or based on the Sites or these Terms will be governed by the laws of the State of Texas, without regard to Texas’ conflict-of-laws principles.  And all such disputes and claims will be exclusively brought in the state or federal courts located in Harris County, Texas—with you and us agreeing to the personal jurisdiction of such state and federal courts and to waive any claims regarding the lack of convivence of such courts.  
Our failure to enforce any provision of these Terms will not be deemed a waiver of our rights to enforce them.  
If any provision of these Terms is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.  In such cases, you agree that we may substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intentions of the invalid or unenforceable provision.
Nothing in these Terms will be interpreted or construed as providing any rights or remedies to third parties.

Last Modified: November 24, 2018.