Terms of Use

COOL ROOF RATING COUNCIL

Terms of Use

Last updated: January 10, 2024

INTRODUCTION

This website is owned and operated by The Cool Roof Rating Council, Inc. (“CRRC”), a nonprofit corporation incorporated in the State of Maryland, U.S.A., recognized by the Internal Revenue Service as exempt under Section 501(c)(3) of the Internal Revenue Code. These terms of use apply to CRRC’s digital platforms and portals, including this and other CRRC websites, mobile apps, tablet apps and other online content offerings (collectively the “Website”). CRRC does not represent that materials on the Website are appropriate or available for use outside of the United States. Persons who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website, you signify your agreement to these Terms of Use, which is a binding contract between you and CRRC. By accessing and using our Website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website. We reserve the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use, along with any portion of our Website and Service, at any time. Please check these Terms of Use periodically for changes. By posting the amended Terms of Use on this Website, the amendments are effective immediately. Your continued use of this Website following the posting of changes to these Terms of Use means you accept those changes.

OWNERSHIP

Unless otherwise noted, all content included on this Website, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software (“Materials”), is the property of the CRRC or its content suppliers or licensors and protected by the copyright and/or trademark laws of the United States and other countries and international treaties. All trademarks, certification marks, service marks, trade names and trade dress, including but not limited to the CRRC Member Logo and the Rated Product Logo (collectively, “CRRC Trademarks”), are proprietary to CRRC. No license to any CRRC intellectual property (including the CRRC Materials and the CRRC Trademarks) is extended to you without prior written consent from CRRC. Any implied license to use our intellectual property without our prior written consent is hereby expressly disclaimed by CRRC. All trademarks that are not owned by CRRC that appear on this Website are the property of their respective owners, which may or may not be affiliated with or connected to CRRC.

USE OF WEBSITE AND SERVICE

The CRRC grants you a limited license to access and use this Website in accordance with this Terms of Use and the CRRC Privacy Policy, available at coolroofs.org/privacy. CRRC Materials and CRRC Trademarks may only be used or licensed under valid licensing procedures (including those contained on this Website), licenses, or other agreements with CRRC; please consult CRRC webpages or personnel for more information. Otherwise, no CRRC Materials or CRRC Trademarks may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the CRRC Materials on any single computer for your personal, noncommercial use only, provided that: (i) you keep intact all copyright and other proprietary notices; (ii) you make no modifications to the CRRC Materials; (iii) you do not use the CRRC Materials in a manner that suggests an association with any of our services; and (iv) you do not download quantities of the CRRC Materials to a database that can be used to avoid future downloads from the CRRC Website. Under no circumstance shall CRRC Materials, including but not limited to CRRC Member Directories or CRRC Materials be used for commercial purposes without explicit written authorization from CRRC. The use of any CRRC Materials or CRRC Trademarks on any other website or computer environment without the express written permission of CRRC is prohibited. You may not create frames around the CRRC Website or pages within the CRRC Website, subject the CRRC Website to pop-ups, pop-unders or similar unauthorized advertisements or use any other technique that alters in any way the visual presentation or appearance of the CRRC Website without prior written approval from CRRC. Except only as expressly provided herein, this Website (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any purpose without our prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

You may use the Website for lawful purposes only. You agree to be financially responsible for all transactions made by you or someone acting on your behalf through the Website. You will not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

By accessing or using this Website, you verify that you are at least 13 years of age.

ACCOUNT CREATION AND APPLICATION/REGISTRATION DATA

In order to access some of the services, applications or products offered by the CRRC, you may be required to register and/or provide personal information, such as name, title, company, email, telephone number, website, employer contacts, employer’s services, proposed membership category, reason for joining, information about your product, testing laboratory, sales volume, and other information (“Registration Data”). Although information may be required to participate in certain programs, participants provide that information voluntarily.

By registering, you agree to: i) provide true, accurate and complete information about yourself and your organization and products as prompted by the application form; and (ii) maintain and promptly update the application data to keep it true, accurate, current and complete. You acknowledge and agree the CRRC shall have no liability associated with or arising from your failure to maintain accurate application data, including but not limited to your failure to receive critical information about the Website or any program or your account. You further agree the CRRC is authorized to verify such application data. The information we obtain through your use of this Website, mobile Website, or any CRRC app is subject to our Privacy Policy, available at coolroofs.org/privacy.

Any suspected abuse of your Data should be reported to the CRRC using the contact information provided below.

If you use this Website, you are responsible for maintaining the confidentiality of your membership, application, and account information, credit card information, usernames, passwords and IDs that may be required to use the Website from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). CRRC reserves the right in its sole discretion to refuse access to the Website or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the Website.

PERSONALLY IDENTIFIABLE INFORMATION

This Website contains many forms where businesses and individuals can submit personally identifiable information (such as name, mailing address, email, phone number, business information) about themselves and their company in the context of submitting an application, membership, request for information, or other request. CRRC is not responsible for the accuracy of any Personally Identifiable Information and its use of Personally Identifiable Information is governed by its Privacy Policy, available at coolroofs.org/privacy. By using this Website or submitting Personally Identifiable Information, you hereby provide CRRC your affirmative and unambiguous consent to use your information in accordance with our Privacy Policy. Please check it frequently to ensure that you are aware of any changes.

SUBMISSION OF MATERIALS

For all artwork, photos, or other materials (collectively, “User Materials”) submitted by you to CRRC, you automatically represent or warrant that you have the authority to use and distribute the User Materials, and that the use or display of the User Materials will not violate any laws, rules, regulations, or third party rights. You agree that no User Materials submitted by you will contain libelous, abusive, obscene or otherwise unlawful material and you acknowledge and agree that you are exclusively liable for the content of any submission of User Materials made by you.

If you transmit or otherwise deliver User Materials to CRRC, you grant the CRRC a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such User Materials or incorporate such User Materials into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, social media Website, app, email function or other similar function (but not the Portal, which are governed by separate terms) which allows you to transmit or submit material to the Website for display, storage or distribution, offered as part of any CRRC or by an affiliated company/organization and/or service provider of CRRC. Where the Forum is provided on a Website other than a CRRC Website, you will be bound by the terms of service and privacy policy of the Website you have linked to. If you participate in any Forum within the Website, you must not and agree that you will not through the use of any Submission or otherwise:

• defame, abuse, harass or threaten others;
• make any bigoted, hateful, or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post any inappropriate content that could have an anti-competitive effect or could constitute a restraint on trade;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous or indecent language or images;
• advertise or sell to, or solicit, others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

In addition, you must note and agree that you will not use a false email address, impersonate any person or entity or otherwise mislead others as to the source of origin of a Submission.

CRRC reserves the right to remove or edit content from any CRRC Forum at any time and for any reason but does not regularly review posted Submissions.

Any material transmitted, submitted or otherwise delivered to a Forum shall constitute a Submission and is hereby governed by the terms applicable to Submissions as described herein.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other user-generated content area. Information obtained in a Forum may not be reliable, and we are not responsible for the content or accuracy of any information.

CONTENT LINKED TO ANY CRRC WEBSITE

Please exercise discretion while browsing the Internet using any CRRC Website. You should be aware that while you are on a CRRC Website, you could be directed to other sites that are beyond our control. There are links to other sites from CRRC pages that take you outside of our service. This includes links from sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. CRRC reserves the right to disable links from third party sites to any CRRC Website. We make no representations concerning the content of sites linked to any CRRC Website or listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a CRRC Website. If you have any concerns regarding any external link, you should contact the link’s administrator.

DISCLAIMER

YOU EXPRESSLY AGREE THAT THE USE OF THE CRRC WEBSITE IS AT YOUR SOLE RISK. THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRRC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CRRC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY CRRC WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CRRC WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRRC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, SERVICES, OR PRODUCTS ON ANY CRRC WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any CRRC Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from any CRRC Website or third party content on our Website. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You agree to indemnify and hold CRRC harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including but not limited to reasonable attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or your use of the Website. You will provide us with such assistance, without charge, as we may request in connection with any such defense, including but not limited to providing us with any accessible information, documents, or records as necessary. You will not settle any third party claim or waive any defense without our prior written consent.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CRRC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEYS’ FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CRRC WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF THE CRRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CRRC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN OR SERVICES WITH THE CRRC, OR $100, WHICHEVER IS LESS.

IN NO EVENT SHALL CRRC BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE A MEMBERSHIP, SERVICE, OR MERCHANDISE.

Applicable law may not allow the disclaimer or exclusion of implied warranties or of incidental or consequential damages, so the above disclaimers and exclusions may not apply to you.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to any and all CRRC Websites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the CRRC Website and destroy all materials obtained from such Website and all copies thereof, whether made under the terms of these Terms of Use or otherwise. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

CRRC also reserves the right to take any other actions that we, in our sole discretion, believe to be in the best interest of CRRC or other members or users of the CRRC Website as a whole.

ENTIRE AGREEMENT, MODIFICATIONS, AND WAIVER

With the exception of membership, license or service agreements that are executed by you and CRRC, this Agreement constitutes the entire agreement between you and CRRC pertaining to the Website and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties and shall not be modified except in writing signed by CRRC. CRRC reserves the right, in its sole discretion, to modify, add, or delete portions of this Agreement at any time. Modifications shall be effective immediately when posted to the Website. No waiver of any provisions of this Agreement by CRRC will constitute a waiver or continuing waiver of any other provision. No waiver will be binding unless executed in writing by CRRC.

GOVERNING LAW

These Terms of Use will be governed and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law. The exclusive venue for any mediation, arbitration, or court proceeding based on or arising out of these Terms of Use will be in the state or federal courts located in the State of Maryland and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action.

SEVERABILITY

If any term, provision, covenant, or condition of these Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the terms, provisions, covenants, or conditions will remain in full force and effect and will in no way be affected, impaired, or invalidated.

CONTACT INFORMATION

If you have any questions concerning the Terms of Use, please contact CRRC at [email protected].