Terms of Use

 

License and Terms of Use

The National Fenestration Ratings Council (hereinafter “NFRC”) makes available for your use on its web properties (hereinafter collectively known as “NFRC websites”, which include the domains nfrc.org, nfrccommunity.org, and efficientwindows.org) information, documents and data, including, but not limited to, the Certified Product Directory and the data therein (hereinafter collectively known as the “NFRC Materials”). Use of NFRC websites and the NFRC Materials contained or accessed therein is subject to the terms and conditions herein. By accessing and using NFRC websites, you agree to the terms of use set forth below (the “Terms of Use”). At its sole discretion, NFRC reserves the right to change, at any time, in whole or in part, the Terms of Use. Your use of NFRC websites and the NFRC Materials available therein are subject to the most recent version of these Terms of Use and, if applicable, any licenses or other agreements executed by you and NFRC relating to the use of NFRC Materials (“NFRC License(s)”). Breach by you of an NFRC License or any Terms of Use contained herein will terminate your authorization to use or copy these websites or any of the NFRC Materials, and you must then immediately destroy any NFRC Materials downloaded or printed from the websites.

NFRC, NATIONAL FENESTRATION RATING COUNCIL, and the sun logo design and variations thereof are trademarks, service marks, and/or certification marks of NFRC and may not be used or displayed by you except pursuant to a written license agreement with NFRC. All other marks are owned by their respective owners and NFRC does not grant to you under the Terms of Use any right to use or display those marks.

The NFRC websites, as well as the NFRC Materials, including all downloads, prints and derivatives works of the NFRC Materials, are owned or used with permission by NFRC, and are protected by copyright law, intellectual property law, and international treaty provisions. Any unauthorized use of the websites or the NFRC Materials may be considered a violation of such laws. The misappropriation and sale of the NFRC Materials or any alteration or misrepresentation of the content of the NFRC Materials is strictly prohibited. NFRC does not grant any express or implied right to you under any copyright or intellectual property law with respect to the NFRC Materials or any other information acquired or accessed through these websites. Use of the NFRC Materials is further restricted as follows depending on the class of user:

  1. Non-Members. If you are not employed by an NFRC Member Company or are not an individual General Interest Member in good standing, without prior written authorization from NFRC:
    1. You may download, print and copy the NFRC Materials solely for internal use by you and your company, and its affiliates, if any, and you may not otherwise further copy or distribute such Materials;
    2. You may not modify or alter any of the NFRC Materials; and
    3. any other reproduction, data-scraping, public display, lease, sale or distribution, electronically or manually, in whole or in part, of the NFRC Materials is strictly prohibited.
  2. Members. If you are employed by an NFRC Member Company or are an individual General Interest Member in good standing, you may download, print and copy the NFRC Materials for any reasonable purpose, subject to the Terms of Use, provided, however, that you may not in part or in whole:
    1. modify or alter the NFRC Materials;
    2. sell or license or authorize the sale of any NFRC Materials; or
    3. charge for (i) copies, reproductions, or derivative works of the NFRC Materials or (ii) the use of the NFRC Materials or any reproductions or derivative works thereof.

Disclaimer of Warranty

NFRC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, ARISING OUT OF THE USE THE NFRC WEBSITES, AS WELL AS ALL THE NFRC MATERIALS. THE NFRC WEBSITES, AS WELL AS THE NFRC MATERIALS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE ACCURACY OF NFRC MATERIALS AND THE DATA AND INFORMATION CONTAINED THEREIN. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE NFRC WEBSITES AND THE NFRC MATERIALS REMAINS WITH YOU. THE DOWNLOADING OF ANY NFRC MATERIALS THROUGH THE NFRC WEBSITES IS DONE AT YOUR OWN RISK. NFRC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER, ITS ASSOCIATED SOFTWARE, AND DATA THAT RESULTS FROM SUCH USE.

Disclaimer of Liability

In no event shall NFRC be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other loss) arising out of the use of NFRC websites or the information obtained from it, whether direct, incidental, special or consequential. This provision shall apply even if NFRC has been advised of the possibility of such damages.

Forum

It is agreed that the Terms of Use set forth herein and any NFRC Licenses will be governed by the laws of the State of Maryland and, as applicable, the federal copyright laws.

Amendment

NFRC reserves the right to amend the terms and conditions set forth herein, including the Terms of Use, in its sole discretion, including the right to terminate, suspend or alter any use or uses permitted herein, in whole or in part, with respect to any or all users of the NFRC websites and the NFRC Materials.