Please read these Terms and Conditions of Use (the "Terms") carefully. These Terms govern access to and use of websites, customer portals, configuration or selection tools, downloadable resources, applications, email-enabled services, and other digital services that are operated by or on behalf of KCC Manufacturing and that link to these Terms (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. About KCC Manufacturing
KCC Manufacturing is part of KCC Companies, an employee-owned organization that provides HVAC-related design, manufacturing, installation, and service capabilities. KCC Manufacturing produces HVAC equipment and sheet metal products, including roof curbs and curb adapters used with roof-mounted HVAC equipment. References in these Terms to "KCC," "KCC Manufacturing," "we," "us," or "our" mean the KCC entity responsible for the applicable Service.
2. Scope and Acceptance of These Terms
These Terms apply only to Services that display or link to them. Separate websites, portals, software, products, services, transactions, or programs may be governed by additional or different terms. If specific terms are presented for a particular Service, transaction, order, quotation, software product, or program, those specific terms control to the extent of any conflict.
By using a Service, you represent that you have the legal capacity and authority to accept these Terms. If you use a Service on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms.
3. Permitted Use of the Services
KCC provides the Services for legitimate informational and business purposes related to KCC products, services, customer support, product selection, quoting, ordering, training, and other authorized interactions with KCC. Subject to these Terms, KCC grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Services for those purposes.
You are responsible for the equipment, software, connectivity, and other resources required to access the Services, as well as any charges associated with them. The Services may be unavailable from time to time because of maintenance, upgrades, capacity limits, security events, telecommunications failures, or circumstances beyond KCC's reasonable control.
4. Accounts, Credentials, and Authorized Users
Some Services may require an account. You agree to provide accurate and current registration information and to update it when necessary. You are responsible for maintaining the confidentiality of usernames, passwords, authentication methods, and other credentials assigned to you or your organization.
You may not share credentials with unauthorized persons, use another person's account without permission, create an account using false information, or attempt to obtain credentials belonging to another user. You are responsible for activity conducted through your account to the extent permitted by applicable law.
Notify KCC promptly if you know or reasonably suspect that an account or credential has been compromised, accessed without authorization, or used in a manner inconsistent with these Terms.
5. Prohibited Conduct
You may not use the Services in a manner that violates law, infringes the rights of others, threatens the security or reliability of the Services, or interferes with another person's permitted use. Without limiting that general rule, you may not:
- introduce malware, malicious code, corrupted files, or other harmful technology;
- attempt to bypass authentication, access controls, rate limits, security features, or technical restrictions;
- probe, scan, test, or exploit vulnerabilities without KCC's prior written authorization;
- use automated tools, bots, scrapers, spiders, or similar technologies to access or extract content in a manner that imposes unreasonable load or circumvents normal interfaces, except as expressly authorized by KCC;
- reverse engineer, decompile, disassemble, or attempt to derive source code from software made available through the Services, except to the extent such restriction is prohibited by applicable law;
- alter, obscure, remove, or misrepresent copyright, trademark, ownership, attribution, or security notices;
- upload or transmit content that is unlawful, infringing, defamatory, fraudulent, threatening, obscene, or otherwise harmful;
- impersonate another person or organization, misrepresent your affiliation, or submit materially false information; or
- use the Services to compete unfairly with KCC, misappropriate proprietary information, or conduct unauthorized commercial solicitation.
6. KCC Content and Intellectual Property
The Services may contain text, software, interfaces, photographs, drawings, graphics, videos, technical data, product information, specifications, models, configuration logic, documentation, trademarks, logos, and other materials (collectively, "KCC Content"). KCC Content is owned by KCC or its licensors and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual-property laws.
Except for the limited right to use the Services as expressly permitted by these Terms, no license or ownership interest in KCC Content is granted by implication, estoppel, or otherwise. You may download or print KCC Content only for authorized business or informational purposes and only if you preserve applicable proprietary notices. You may not republish, distribute, sell, sublicense, publicly display, or create derivative works from KCC Content unless KCC has authorized that use in writing or applicable law expressly permits it.
KCC names, logos, product names, and other source identifiers are trademarks or trade dress of KCC or their respective owners. These Terms do not grant permission to use any trademark, logo, or brand element except as necessary to accurately identify KCC or its products in a lawful manner.
7. Product Information, Technical Data, and Digital Tools
The Services may provide product descriptions, dimensions, drawings, performance information, selection guidance, configuration outputs, estimates, compatibility information, or other technical content. KCC uses reasonable efforts to provide useful and current information, but digital content may contain errors, may be incomplete, or may become outdated as products and requirements change.
Information generated by an online tool, selector, configurator, calculator, or similar feature is not a substitute for professional engineering judgment, code review, jobsite verification, or review of the applicable quotation, submittal, order acknowledgment, installation instructions, or contract documents. Users remain responsible for confirming suitability, application requirements, dimensions, field conditions, code compliance, and other project-specific criteria before relying on an output.
Product availability, specifications, features, pricing, lead times, and performance data may change without notice. The terms of an accepted quotation, purchase order acknowledgment, sales agreement, license, warranty, or other transaction document govern the applicable commercial transaction and supersede inconsistent website content.
8. User Content and Feedback
A Service may allow you to submit files, drawings, specifications, comments, messages, product requirements, photos, or other materials ("User Content"). You retain ownership of User Content that you own. You represent that you have the rights and permissions needed to provide it to KCC and that its submission and use as contemplated by the Service will not violate law or third-party rights.
You grant KCC a nonexclusive, worldwide, royalty-free license to host, copy, process, transmit, display, modify, and otherwise use User Content as reasonably necessary to provide, secure, support, improve, and administer the applicable Service and to perform requested business activities. This license does not transfer ownership of your User Content to KCC.
If you voluntarily provide suggestions, ideas, or other feedback about KCC products or Services, KCC may use that feedback without restriction or obligation to you, provided that KCC will handle personal information in accordance with its applicable privacy practices.
9. Privacy, Cookies, Monitoring, and Security
KCC's collection and use of personal information through the Services is governed by the privacy notice or privacy statement presented with the applicable Service. By using the Services, you acknowledge that operational, security, and usage information may be logged or processed for purposes such as authentication, fraud prevention, cybersecurity, diagnostics, service improvement, support, performance analysis, and compliance.
The Services may use cookies, pixels, local storage, or similar technologies. Where required by law, KCC will provide appropriate notices or choices regarding these technologies. No internet-based service can be guaranteed to be completely secure, and users are responsible for using reasonable safeguards when accessing the Services.
10. Third-Party Services and Links
The Services may link to or interoperate with websites, applications, platforms, maps, payment services, social-media services, or other resources operated by third parties. KCC does not control those third-party services and is not responsible for their content, availability, security, privacy practices, or terms. A link or integration does not necessarily constitute KCC endorsement.
Your use of a third-party service is governed by the terms and policies of that third party. You should review those terms before providing information or conducting a transaction through a third-party service.
11. Software and Downloads
Any software, firmware, mobile application, data file, template, model, utility, or other downloadable material provided through a Service may be subject to a separate license agreement or usage terms. If separate terms are presented, you must agree to them before using the applicable material. If no separate license is provided, KCC grants only the limited right necessary to use the download for its intended purpose in connection with KCC products or Services.
You may not redistribute downloadable software or other protected materials, remove proprietary notices, or use them beyond the scope authorized by KCC or applicable law.
12. Service Changes, Suspension, and Termination
KCC may modify, suspend, restrict, or discontinue all or part of a Service at any time, subject to applicable law and any separate contractual commitments. KCC may also suspend or terminate access if it reasonably believes that an account or user has violated these Terms, created a security risk, misused KCC Content, failed to pay amounts due under a separate agreement, or exposed KCC or others to legal or operational risk.
Upon termination of access, rights granted under these Terms end immediately. Provisions that by their nature should survive termination—including intellectual-property protections, disclaimers, limitations of liability, indemnification obligations, and dispute provisions—will continue to apply.
13. Disclaimers
THE SERVICES AND KCC CONTENT ARE PROVIDED "AS IS." KCC DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
KCC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DIGITAL CONTENT WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR A PARTICULAR APPLICATION. PRODUCT WARRANTIES, IF ANY, ARE GOVERNED BY THE WARRANTY TERMS APPLICABLE TO THE PRODUCT OR TRANSACTION, NOT BY THESE TERMS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KCC AND ITS AFFILIATES, EMPLOYEE-OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE EXTENT A LIMITATION OF LIABILITY IS PERMITTED BUT A COMPLETE EXCLUSION IS NOT, KCC'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
15. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless KCC and its affiliates, employee-owners, directors, officers, employees, and agents from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising out of or relating to your unlawful use of the Services, your material breach of these Terms, or User Content that infringes or violates the rights of another person or entity.
16. Copyright and Intellectual-Property Complaints
KCC respects intellectual-property rights. If you believe content available through a KCC Service infringes your copyright or other intellectual-property rights, please send a written notice identifying the protected work, the material you believe is infringing, information reasonably sufficient to locate that material, your contact information, and a statement explaining the basis of your claim.
For a formal notice under the U.S. Digital Millennium Copyright Act, the notice should contain the information required by 17 U.S.C. § 512(c)(3). KCC should designate and publish the appropriate copyright-agent contact information before this section is used as a DMCA notice procedure.
17. Export Controls and Legal Compliance
You may not access, use, export, re-export, release, or transfer the Services, software, technical data, or other materials in violation of applicable U.S. export-control, sanctions, or other trade laws. You are responsible for complying with laws that apply to your use of the Services, including laws applicable to your location, organization, and intended use.
18. Governing Law and Disputes
Unless applicable law requires otherwise, these Terms are intended to be governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles. You submit to the jurisdiction of the courts of the Commonwealth of Kentucky, Jefferson County, Kentucky.
19. Changes to These Terms
KCC may update these Terms from time to time. When changes are made, KCC may post the revised Terms through the applicable Service and update the effective date. If a change is material, KCC may provide additional notice when required by law or when KCC determines that additional notice is appropriate. Continued use of a Service after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
20. General Terms
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect, and the affected provision will be enforced to the greatest extent permitted by law. KCC's failure to enforce a provision is not a waiver of its right to enforce that provision later. Headings are for convenience only and do not limit the meaning of these Terms.
These Terms, together with any additional terms expressly incorporated by reference, constitute the agreement governing use of the applicable Service. Separate sales, purchase, license, warranty, confidentiality, or other written agreements between KCC and a customer or user remain in effect according to their terms and control with respect to their subject matter.
21. Contact Information
Questions about these Terms may be directed to KCC Manufacturing through KCC Companies at:
Organization: KCC Manufacturing / KCC Companies
Mailing Address: 2716 Grassland Drive, Louisville, KY 40299