Privacy Policy
Effective May 2018

In an effort to maintain efficient service while respecting the privacy of those who visit the Attachments Energy Rating Council (AERC) Web site (Site) and correspond electronically with AERC, AERC has created and posted the following privacy policy. This privacy policy is incorporated into and is a part of the Terms and Conditions of Use of our Site.

AERC is committed to keeping your e-mail address confidential. We do not sell, rent or lease to third parties the emails of members, Annual Meeting attendees or anyone else with whom we conduct business.

Attachments Energy Rating Council (AERC)
Information Collection and Use

AERC will collect personally identifiable information that you provide to us, including, but not limited to, your name, employer’s name, address(es), telephone and fax number, e-mail address, and credit card information. AERC may use and store such information in order to notify you of official AERC business; provide a product or service you requested; secure your membership status; complete your online donation; analyze, evaluate, and improve member and prospective member needs and interests; alert you of AERC news, activities, courses and programs, services and benefits; and for other legitimate and lawful business purposes. Personally identifiable information may be given to a third party in order to complete a specific business transaction on behalf of AERC. Contact information from inquiries received by AERC may be shared with AERC members to provide a service, satisfy a question, or develop a prospective business relationship.

We may disclose personally identifiable information to the proper authorities if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose such information. We also may use and disclose information about you to establish or exercise our legal rights, to enforce the Terms and Conditions of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person. If all or part of AERC is merged or otherwise transferred to another entity, we may transfer the personally identifiable information you provided to us to such entity as part of that transaction.

Registration and Order Forms

In order to enroll or register in a program; attend AERC events, meetings, or conferences; or request products or services; you may be required to fill out a registration or order form and provide personally identifiable information which we will use to process your registration or order. In certain circumstances, a program accessed through the Site may be jointly sponsored or co-sponsored with other organizations and registration may or may not be handled by AERC. In such event, this privacy policy will not apply – instead, such third-party’s privacy policy will be controlling. Please note that AERC is not responsible for the privacy policies of these other organizations (or their use of your personally identifiable or other information) and hereby disclaims any liability or responsibility in connection therewith. In addition, your name and information may appear on registration or attendee lists distributed at AERC events, meetings and conferences to other attendees and third parties.

Use of Cookies and Log Files

Cookies are pieces of stored information used to provide smoother navigation throughout the Site, such as a saved password; to identify user trends, such as page views; and for other internal purposes, such as assessing the effectiveness of the Site. You have the option of setting your computer to disable cookies or to alert you when cookies are being used. If you choose to disable cookies, please be aware that portions of the Site may not function properly.

Third-Party Links

Occasionally AERC may include or offer links to third-party products or services on our website. These third-party sites have separate and independent privacy policies. Please note that AERC is not responsible for the privacy policies of those other sites and hereby disclaims any liability or responsibility in connection with such linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites.

Security

Online registration and information such as credit card numbers will be secured using a commercially accepted method of encryption. However, while we employ reasonable security measures to protect your personal information, please be aware that no method of electronic transmission is completely infallible, and we cannot guarantee its absolute safety. If you become aware of any breach of Site security, please contact us immediately.

Updating Personal Information and Participation

You may contact AERC as set forth below to update your personally identifiable information, opt-in to, or opt-out of any service at any time. We will provide opt-in and opt-out opportunities as applicable to the service or product being offered.

Privacy Policy Updates

Should any changes be made to this privacy policy, we will post them on this page with appropriate explanation.

Acceptance of our Privacy Policy Terms

Using the AERC website indicates your acceptance of our privacy policy. Your continued visits to the AERC website after changes are posted to this policy will signify your acceptance of those changes.

Website Terms and Conditions

  1. Agreement. By using the AERC Web site (Site), you agree to these Terms and Conditions of Use (Terms of Use). AERC reserves the right to change these Terms of Use from time to time. The current “Terms and Conditions of Use Agreement” will always be posted on the Site, and you may view it at any time through the link at the bottom of any public page of the Site.
  2. Description of Service. wcmanet.org consists of several sections, some of which have restricted access. The information and services published on this website may include inaccuracies, omissions, or errors for which AERC shall not be responsible. Every reasonable effort shall be made by AERC, its Board of Trustees, Directors, and Committee members to provide accurate, up-to-date information.
  3. Intellectual Property. The entire contents and design of the Site, including all trademarks, logos, trade names, documents, databases, graphic representations, and other information, are the property of AERC, or used by AERC with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Except as otherwise provided herein, users of the Site may save and use information contained on the Site only for personal or other noncommercial, educational purposes. No other use, including, without limitation, reproduction, retransmission or editing, of Site information may be made without the prior written permission of AERC, which may be requested by contacting AERC at [email protected].
  4. Limitation of Liability. Every reasonable effort shall be made by AERC, its Board of Trustees, and Committee members to provide accurate, up-to-date information. Neither WCMA, its Board of Trustees nor its members shall be held responsible for any special, consequential, or exemplary damages resulting, in whole or in part, from any user(s)’ use of or reliance upon this website’s contents. By using the information contained herein, the user willingly assumes all risks in connection with such use including but not limited to verifying the accuracy, completeness, currency, and suitability of such information. In no event shall AERC or its trustees, officers, directors, members, staff, or agents, be liable for any damages of any kind, including, without limitation, any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of, or in connection with, the use or performance of the Site or any content appearing on the Site.
  5. Disclaimer. AERC makes no warranty, guarantee, or representation regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the Site, including, without limitation, the warranties of merchantability, fitness for a particular use, and non-infringement of proprietary rights. The information, opinions, and recommendations presented within the site are for general information only. Unless specifically stated otherwise, AERC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the Site, and information from the Site should not be referenced in any way to imply such approval or endorsement. Any advertisements or services stated herein are not endorsed or approved by AERC, its members, funders, sponsors nor any of the organizations shown. Moreover, AERC makes no warranty that the Site, or the server that makes it available, is free from viruses, worms, or other elements or codes that manifest contaminating or destructive properties. AERC expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, consequential, special or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use, the Site or the information presented on the Site. In any jurisdiction that does not permit such a disclaimer of liability, AERC’s liability shall be limited to the greatest extent allowed by applicable law.
  6. Links. Links or pointers connecting the Site with other Internet sites are provided as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship, or approval by AERC of the linked site, the organization or individual operating the site, or any product, service, individual, or organization referenced in the site. In general, any Web site that has an address (or URL) that does not contain “buildershardware.com” is a linked Web site. The content of any linked site does not necessarily reflect the opinions, standards or policies of AERC. Linked sites are not under the control of AERC, and AERC is not responsible for the content of any linked site, any links contained within a linked site, any changes or updates to such sites, or the compliance with applicable laws of such linked sites.
  7. DMCA Notice and Takedown Procedures. AERC abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, AERC may remove or disable access to material on the Site that is claimed to be infringing, in which case AERC will make a good-faith attempt to contact the person who submitted the affected material so that person may make a counter notification, also in accordance with the DMCA. By posting material to the Site, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants AERC and users of the Site the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Anyone who believes that material posted on the Site infringes on his or her copyrighted work should contact AERC using contact information below for Procedures for Requesting Removal of Infringing Material.
  8. Choice of Law and Forum. This Agreement is entered into and performed in the State of New York, United States of America, and is governed by the laws of New York State exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to buildershardware.com, each party irrevocably submits to the exclusive personal jurisdiction of the state courts located in New York County, New York or United States District Court, whichever has jurisdiction, and each party waives any jurisdictional venue or inconvenient forum objections to such court.
  9. Complete Agreement. If any provision or provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. These Terms of Use supersede any other statements included elsewhere on the Site, which are inconsistent or conflicting with these Terms of Use.
  10. Amendments. AERC reserves the right to modify or change the terms and rules for use of the Site as it determines from time-to-time in the best interests of AERC. Use of the Site constitutes the user’s continuing agreement to be bound by these Terms of Use as they are amended from time to time.

Contact information

If there are any questions regarding this privacy policy, you may contact us using the information:

https://www.aercnet.org
Attachments Energy Rating Council
355 Lexington Avenue, 15th fl
New York, NY 10017
[email protected]