Terms of Use

Thank you for your interest in Johnstone Supply, LLC (“Johnstone,” “we,” or “us”) and our website at https://www.hvacanswers.com/ (the “Site”). These Terms of Use are a legally binding contract between you and Johnstone and govern your use of the Site. By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, (the “Terms of Use”). Johnstone reserves the right to change these Terms of Use at any time without notice, effective immediately upon posting on this page. You agree to the Terms of Use as it exists at the time of your use of the Site. If you do not accept these Terms of Use in their entirety, you may not access or use the Site.

You must be at least 18 years of age to use the Site. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms of Use on your behalf represents and warrants that they have authority to bind you to these Terms of Use and you agree to be bound by these Terms of Use.

Availability of Site

Johnstone will use reasonable commercial efforts to keep this Site available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Johnstone does not warrant that the operation of this Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

Intellectual Property Rights

Johnstone owns all legal right, title and interest in and to the Site and the Site Content, including all trademarks, service marks, logos, photographs, graphics, videos, sounds, data, software and any other intellectual property rights which subsist in the Site (the “Site Content”). Our Site may also display content that is not owned by Johnstone. This third party content is the property of their respective owners and is the sole responsibility of those entities. Except as expressly authorized by Johnstone, you may not make use of the Site, Site Content, or Johnstone intellectual property.

Permissions/Prohibited Uses

Johnstone grants you permission to view and use the Site and to print individual pages from the Site for your own use, provided that you will not, and will not permit anyone else, to (a) modify, distribute, sell or offer for sale, create derivative works from, or in any way exploit any information or material available on the Site or Site Content or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense the Site Content; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (e) translate, enhance, decompile, disassemble, or reverse engineer the Site; (f) use the Site in a manner that threatens the integrity, performance, or availability of the Site; (g) interfere with the operation of the Site or any user's enjoyment of the Site, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code to, on or through the Site, or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content. We reserve the right to report any suspected breach or actual breach of these Terms of Use to relevant law enforcement agencies.

Disclaimer of Warranties

YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE DISCETION AND RISK. THE INFORMATION PROVIDED AT OR THROUGH THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER JOHNSTONE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. JOHNSTONE DOES NOT PROVIDE ANY TAX, LEGAL, ACCOUNTING OR INVESTMENT ADVICE WHATSOEVER. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR SUCH ADVICE. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE REBATE OR TAX CREDIT INFORMATION, AVAILABILITY OF FUNDS, YOUR ELIGIBILITY FOR A REBATE OR TAX CREDIT, OR ANY INFORMATION PROVIDED ON THE SITE OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMUSTANCES. THE SITE, INCLUDING, BUT NOT LIMITED TO ALL REBATE INFORMATION AND TAX CREDIT INFORMATTION, ARE INHERENTLY SUBJECT TO RISKS AND UNCERTAINTIES, MANY OF WHICH CANNOT BE PREDICTED OR QUANTIFIED, AND DO NOT NECESSARILY TAKE ALL RELEVANT FACTORS INTO ACCOUNT. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED ON THE SITE DUE TO A NUMBER OF FACTORS.

Indemnification/Limitations on Johnstone's Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, JOHNSTONE, ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability or any other basis, and apply whether or not Johnstone was informed of the likelihood of any particular type of damages. If you are dissatisfied with this Site, or if you have any other dispute with Johnstone relating to this Site, then your sole and exclusive remedy is to discontinue using this Site. Some of the disclaimers and exclusions in these Terms of Use may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of Johnstone shall be limited to the greatest extent permitted by law.

You will indemnify and hold Johnstone, and affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Site or Site Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Third Party Links

This Site may contain links or may imbed third party websites or resources (for example, content from EcoRebates). These third party resources may also have their own terms of use governing your use of those websites and resources. You acknowledge and agree that Johnstone is not responsible or liable for the availability or accuracy of, and Johnstone does not endorse, such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk, financial or otherwise, arising from your use of any such third party websites or resources.

Privacy

Our Privacy Policy is here https://www.hvacanswers.com/privacy-statement, and it applies to the Site and is incorporated into these Terms of Use by reference. If you are in a jurisdiction where data collection and processing requires consent, by agreeing to these Terms of Use, you are, to the extent permitted by applicable law, providing your consent to the collection and use of your data in accordance with our Privacy Policy. To the extent there is conflict between these Terms of Use and the Privacy Policy, the Privacy Policy controls.

Accuracy of Information

The Site provides information and data from a variety of publicly accessible and other sources including utility web sites, public agency web sites (including the Dept. of Energy and the EPA), and state regulatory agencies. This information includes but is not limited to rebates or tax credit amounts, rebate or tax credit program start and end dates, and rebate or tax credit program eligibility criteria. Johnstone does not make any representation regarding the accuracy of information found on the Site. You acknowledge and agree that Johnstone is not responsible or liable for the availability or accuracy of any of the information obtained from the Site. You acknowledge sole responsibility for and assume all risk, financial or otherwise, arising from your use of any such information.

Digital Millennium Copyright Act (“DMCA”)

If you believe that any content on this Site infringes your copyrights, you may request removal of such content by providing written notice to Johnstone at:

Johnstone Supply
11632 NE Ainsworth Circle
Portland, OR 97220
Attn: Legal Department or by email at legal@johnstonesupply.com

Your notice must satisfy the requirements of the DMCA and include the following information:

• Your name, mailing address, and email address;
• A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
• A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
• A statement that you have a good faith belief that the allegedly infringing material identified above is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
• An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. We may remove or disable access to materials residing on our Sites that is claimed to be infringing, and we have the right to suspend or terminate access to or use of our Sites for those who infringe another's rights.

Miscellaneous

These Terms of Use, which incorporate our Privacy Policy, constitute the entire agreement between you and Johnstone in relation to the Site, and, except for a separate written agreement between you and Johnstone or additional terms on a specific Site, these Terms of Use supersede any prior agreement between you and Johnstone regarding the Site, including prior versions of these Terms of Use.

These Terms of Use are governed by the laws of the state of Oregon without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the state and federal courts located in Multnomah County, Oregon, and you irrevocably agree to submit to the jurisdiction of such courts. Any cause of action or claim you believe you may have arising out of or relating to these Terms of Use or the Site must be commenced within one (1) year after the alleged claim or cause of action arises.

The failure of Johnstone to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Johnstone in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

We reserve the right to suspend service or deny access to our Site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this Site, shall suspend or terminate your obligations under these Terms of Use.

Contacting Johnstone

If you have any questions or concerns about the Site or these Terms of Use, you may contact us by email at legal@johnstonesupply.com, or write to us at:

Johnstone Supply
11632 NE Ainsworth Circle
Portland, OR 97220