WCR HTC Heat Exchanger Online
Sizing & Quotation System
Terms of Use and Access
PLEASE READ
CAREFULLY. THIS IS A BINDING CONTRACT.
WCR (“we,” “us,” or “our”) is pleased to offer the WCR HTC Heat Exchanger
Online Sizing & Quotation System (“System”) as a resource to its authorized
distributors (“you” or “your”). Use of the System is subject to the terms of your
distributorship agreement, as supplemented by these Terms of Use and Access (the
“Terms”).
Description of Service
The System provides you with the ability to configure and price heat
exchanger components and systems, solely for your use in connection with the sale
or distribution of WCR products and services. WCR may in its sole discretion modify,
suspend, discontinue, or restrict the use of any portion of the System, either in
general or as to a particular user, at any time.
Availability
WCR will make reasonable efforts to ensure 24-hour, daily availability
of the System. You acknowledge and agree, however, that from time to time the System
may be unavailable due to scheduled maintenance, service upgrades, or unscheduled
disruptions of service.
WCR will make reasonable efforts to ensure the accuracy of Information
accessible through the System. You acknowledge and agree, however, that the information
provided through the System is provided “as is” and without warranty or condition
of any kind, expressed or implied.
Registration and Account Security
Access to the System requires a username and password. You agree
that you are responsible for maintaining the confidentiality of your username and
password and that you are responsible for any activity that occurs under your account.
You agree that you will promptly notify WCR if you become aware of any unauthorized
use of your password or your account. The use of another user’s username and password
is expressly prohibited.
Permissible Use
a. You agree that your use of the System will comply with these Terms
and with any applicable law or regulation.
b. You agree that you will use the System solely for purposes consistent
with your status as a distributor of WCR products and services. Configurations and
pricing obtained through the System shall be used only for your internal purposes
in connection with your status as an authorized WCR distributor.
c. You agree that you will not copy, download, sell, rent, or modify
the technology or software underlying the System. You further agree that you will
not download, transfer, copy, disclose, or distribute any information accessed
through the System to any third party for any purpose.
c. You agree that WCR has reserved all intellectual property rights
to the System and any trademark, service mark, logo, or other proprietary material
used or embodied in or on the System. Nothing in these Terms grants you a right
or license to use any trademark, design right, or copyright owned or controlled
by WCR or any third party.
d. You agree that you will not use the System to damage, disable,
or overburden WCR’s servers or network, to impair or impede the operation of the
System, or to interfere with any other party’s access to the System.
e. You agree that you will not post or transmit any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise violate
any law. WCR will fully cooperate with any law enforcement authorities or court
order requesting or directing WCR to disclose the identity of any one posting any
such information and materials.
Confidentiality
You agree that all confidential, proprietary, or trade secret information
that comes into your possession through the use of the System will be kept confidential
and will not be transmitted to any unauthorized person.
Changes to Terms
WCR may at any time modify these Terms by updating this page. Accordingly,
you should periodically check this page for changes. Use of the System after the
posting of changes to these Terms constitutes your agreement to be bound by the
changes.
Applicable Law
These Terms shall be interpreted in accordance with North Carolina
law without giving effect to provisions as to choice of law or conflict of laws.
Any litigation in connection herewith shall be brought only in a state or federal
court in North Carolina, which courts shall have exclusive personal jurisdiction
over the parties.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the System
shall be resolved through final, binding arbitration in accordance with the Rules
of the American Arbitration Association. Such arbitration shall be held in Charlotte,
North Carolina unless the parties mutually agree to a different location. Disputes
pertaining to different users of the System shall be heard in separate proceedings.
Limitation of Liability
You agree that to the maximum extent permitted by law, WCR shall
not be liable for any damages (including without limitation compensatory, special,
exemplary or punitive damages) related to or arising out of your use of the System.
Termination
This Agreement and the services contemplated by it may be terminated
by either you or WCR with or without cause and with or without notice at any time.
Information for EU and Swiss Residents
WCR’s principal place of business is in the United States. WCR relies
on our legitimate interests to process personal data (such as names, email addresses,
and usage data) for the following purposes:
·
Managing user accounts;
·
For customer service purposes;
·
Operating, modifying, and improving
the System;
·
Customizing content and user experience;
·
Network and information systems security;
·
Responding to requests for information
or other user content;
·
Complying with applicable laws and
regulations;
·
Enforcing of rights on behalf of WCR
and third parties, where necessary.
Your rights
Right of Access/Portability: You can ask to review details about the information we hold about
you and how that information has been used and disclosed. Note that we may request
to verify your identification before fulfilling your request. You can also request
that your personal information is provided to you in a commonly used electronic
format so that you can share it with other organizations.
Right to Correct Information: You may ask that we make corrections to any information we hold, if
you believe such correction to be necessary.
Right to Restrict Processing
or to Request Erasure: You also have the right in certain
circumstances to ask us to restrict processing of your personal information or to
erase your personal information. Where you have consented to our use of your personal
information, you can withdraw your consent at any time.
You can make a request to exercise any of these rights by emailing
us at dataprivacy@wcrhx.com
or by writing to us at:
Privacy Officer
WCR Inc.
2377 Commerce Center Blvd - Suite B
Fairborn, OH 45324, USA
Phone: +1 (937) 223-0703
We will make all practical efforts to respect your wishes. There
may be times, however, where we are not able to fulfill your request, for example,
if applicable law prohibits our compliance. Please note that JD Supra does not use
“automatic decision making” or “profiling” as those terms are defined in the GDPR.
Timeframe for retaining your
personal information: We will retain your personal information
in a form that identifies you only for as long as it serves the purpose(s) for which
it was initially collected as stated in these Terms, or as subsequently authorized.
When we have no ongoing legitimate business need to process your personal information,
we will either delete or anonymize it, or, if this is not possible (for example,
because your personal information has been stored in backup archives), then we will
securely store your personal information and isolate it from any further processing
until deletion is possible.
AGREEMENT TO BE BOUND
By clicking
“Agree” you accept and agree to be bound by these Terms.