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Terms of Use
Web Site Usage
Thank you for visiting the website for Controlled Air, Inc. ("Controlled Air"). This website (this "Website" or "Web site") is managed and controlled by Controlled Air, Yanmar America Corporation and the Yanmar Group Companies. “Yanmar Group Companies” means all of the companies associated with Yanmar America Corporation that are introduced on this Web site, collectively referred to in this Notice as Yanmar.
Please read this page carefully. By using this website, you agree to be bound by all of the Terms and Conditions set forth below and in the Privacy Statement. If you do not accept these Terms and Conditions, please do not use this Web site. Controlled Air may, in its sole discretion revise these Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions for any revisions.
Use of Site Material
Controlled Air retains and reserves all copyrights in any text, graphic images and other web site content (the “Site Material”) owned by Controlled Air. Controlled Air authorizes you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this Web site for rebroadcast, or print the information contained therein, without express permission from Controlled Air. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Controlled Air or Yanmar copyright, patent or trademark.
Trademarks
The names, marks and logos appearing in this Web site are, unless otherwise noted, trademarks owned by Controlled Air and/or Yanmar or used under license. Any use of these marks by you is prohibited.
Disclaimer
The information in this Web site, including text, images, and links is provided “AS IS” BY CONTROLLED AIR SOLELY AS A CONVENIENCE TO ITS CUSTOMERS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Controlled Air assumes no responsibility for errors or omissions in this Web site or other documents which are referenced by or linked to this Web site. This Web site could include technical or other inaccuracies, and not all products or services referenced herein are available in some countries or regions.
Links
This Web site contains links to Web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Controlled Air or Yanmar of the contents on those other sites. Controlled Air and Yanmar are not responsible for the content of any linked sites and makes no representations regarding the content accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Web site, you do so at your own risk.
Prohibitions
The following acts are strictly prohibited when using this Web site: Behavior that causes loss or damage to Controlled Air, Yanmar, or any third party.
Criminal behavior and behavior that is linked with criminal activity.
Sales activity and etc. not approved by Controlled Air.
Spreading of computer viruses and other damaging behavior.
Submission of reports and other communications using another person’s or a fake e-mail address.
Other behavior that Controlled Air judges unsuitable.
User Submissions
Controlled Air welcomes suggestions, comments, images, videos, and questions relating to this website, a Controlled Air application (including, without limitation, cell phone and desktop applications) and its products through the Inquiries section of this Web site. Should you choose to respond directly to Controlled Air with suggestions, comments, questions, ideas, images, videos, or the like relating to this Web site or any Controlled Air products and services, you agree that such information shall be deemed as non-confidential and Controlled Air shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information. The foregoing shall apply to all such information uploaded to a Controlled Air Web site or Controlled Air application in any matter including, without limitation, case tickets, forum posts, and profile updates.
Indemnity
You agree to defend, indemnify and hold harmless Controlled Air, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Controlled Air Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Controlled Air Website. Controlled Air shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.
Export Control
The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the Website outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.
California Parts and Accessories Emissions Statement
California law regulates on and off highway vehicle aftermarket parts that have the potential to impact emissions. California law prohibits the installation, sale, and on and off highway use of any emissions-related part unless the part is (1) a replacement part, (2) a modified or add-on part that has received an exemption from the California Air Resources Board (“ARB”) or (3) a part installed on a vehicle used exclusively for closed course competition (i.e., racing).
Replacement Part
A replacement part is generally any aftermarket part intended to replace an original equipment emission-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions.
Add-On or Modified Part
A modified part is any aftermarket part intended to replace an original equipment emissions-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions. An add-on part is any aftermarket part which is not a modified part or a replacement part.
Closed Course Competition Part
A closed course competition part is an add-on or modified part that has not received an exemption from the ARB. A closed course competition part may only be sold and installed on a vehicle that is used exclusively for closed-course competition. California dealers selling closed course competition parts should maintain records of the sale and/or installation, including the date of sale, purchaser name and address, vehicle information and work performed, if applicable. More information may be obtained at the ARB website – www.arb.ca.gov.
General
You agree that: (i) the Controlled Air Website shall be deemed solely based in Connecticut; and (ii) the Controlled Air Website shall be deemed a passive website that does not give rise to personal jurisdiction over Controlled Air or Yanmar, either specific or general, in jurisdictions other than Georgia. This Agreement shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. Any claim or dispute between you and Controlled Air and/or Yanmar that arises in whole or in part from the Controlled Air Website shall be decided exclusively by the court of first instance at the Northern District Court in Georgia, Atlanta Division. This Agreement, together with the Privacy Statement at PRIVACY STATEMENT and any other legal notices published by Controlled Air on the Website, shall constitute the entire agreement between you, Controlled Air, and/or Yanmar concerning the Controlled Air Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Controlled Air's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Controlled Air reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Controlled Air Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Resolution of Conflicts
The use of this Web site and interpretation and application of the conditions of use are governed by the laws of the State of Connecticut. Any conflict arising from the use of this Web site shall be resolved by application to the court of first instance at the Northern District Court in Georgia, Atlanta Division.
Privacy Policy
Privacy Statement
This Privacy Statement (the “Statement”) sets out how Controlled Air, Inc. (“Controlled Air”, “we”, “us”, “our”, etc.), collects and uses the personally identifiable information of users of our websites and services (each a “User”, “you”, “your”, etc.). By using our services and, where applicable, by providing consents for specific purposes, you consent to the use of your data as described in this Statement.
Please do not supply any private information if you do not agree with this policy.
Collection of your Personal Information
Controlled Air may sometimes request Private Information of customers through this site for the purpose of registering Controlled Air users, receiving customer orders for various services, responding to customer inquiries, providing special offers to its customers, disseminating promotional campaigns, and similar purposes directly related to Controlled Air products and services.
In order to respond to an individual’s inquiry or request, the individual user agrees and understands that it may be necessary for Controlled Air to share their Private Information with its parent company, Yanmar America Corporation, and other Yanmar group companies worldwide (collectively, "Yanmar"). In addition, Private Information may be disclosed to relevant distribution companies to facilitate sending products or reference materials. In such cases, the individual consents to such sharing of Private Information and Controlled Air shall impose on such companies the obligation not to use the Private Information of our customers for any other purpose.
We accept inquiries from customers on this site. Reference materials will only be sent to those customers who request them.
Whether a customer supplies Private Information to Controlled Air is completely voluntary. By providing their Private Information, the customer agrees that Controlled Air may use such information within the bounds of this Statement. However, Controlled Air agrees that no Private Information will be disclosed in any form or sold to third parties without that person’s prior consent.
We collect personally identifiable information, such as your e-mail address, first and last name, position, employer details, home or work address or telephone number and other information. We also collect anonymous demographic information, which is not unique to you, such as your ZIP code, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by us for the operation of our services, to maintain quality of the services, and to provide general statistics regarding use of our websites.
If you use our services, such as interactive services, we may collect information about you or other individuals included in your posts, materials, messages or other contributions (as defined in our Terms of Use) which you may share with other Users or the public. We ask that you respect the data privacy rights of any individuals who are referred to, or whose personally identifiable information is included in, your contributions.
Most of the above mentioned information will constitute “Personally Identifiable Information’ or “Personal Data”, depending on the extent to which such information is protected by privacy or data protection laws in the relevant state or country.
Please keep in mind that if you directly disclose Personally Identifiable Information through our public discussion or message boards, this information may be collected and used by others.
Use of your Personally Identifiable Information
We will only process your Personally Identifiable Information, in accordance with applicable law, for the following purposes:
Opt-out
You may opt-out of our email marketing lists by following the directions at the bottom of our emails. Controlled Air has a number of products in which we allow you to opt-out selectively. To remove a specific postal or email address from all of Controlled Air's marketing communications, you may send a request HERE. If you are contacted by our exhibitors or our partners please opt out with them directly and where such request is received by us, we will endeavor to pass on to such partners. Opting-out of promotional mailings will not affect delivery of your requested products or services.
Use of Cookies
Our website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your computer’s hard disk, mobile phone or other device by a web page server. Cookies do not damage your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. However, we also use cookies to send you advertisements that may be of interest to you.
We use several types of cookies on our website:
Strictly necessary cookies
These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, services you have asked for cannot be provided. They are deleted when you close the browser.
Performance cookies
These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognize and count the number of visitors and help us understand which pages are the most popular and where visitors spend most of their time. We utilize third-party providers, including Google Analytics, to assist us with obtaining and analyzing this information.
Functionality cookies
These cookies allow our website to remember choices you make, such as your name, the region you are in or the pages you have viewed. They are used to provide enhanced and more personal features.
If you personalize our pages, or register with our website or services, a persistent cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to our website, the information you previously provided can be retrieved, so you can easily use the features that you customized. Persistent cookies will be kept on your device until their expiry or manual deletion.
Targeting or advertising cookies
These cookies allow us and our advertisers to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile.
Social Media cookies
These cookies allow you to connect with social media networks such as Facebook, LinkedIn, X (Twitter), Pinterest and Google+.
We may also use your IP address to help diagnose problems with our server, to administer our website and to improve the service we offer to you. An IP address is a numeric code that identifies your computer on a network, or in this case, the internet. Your IP address might also be used to gather broad demographic information. We may perform IP lookups to determine which domain you are coming from to more accurately gauge our Users’ demographics.
Information from these types of cookies and technologies or about website usage may be combined with information about you from any other source.
Your consent to place cookies
We assume that you are happy for us to place cookies on your device. However, if you, or another User of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our services or the websites you visit.
When you arrive on our website a pop-up message will appear asking for your consent to place advertising cookies on your device. In order to provide your consent, please click on the button in the pop-up message. Once your consent has been provided, this message will not appear again when you revisit. If you, or another User of your computer, wish to withdraw your consent at any time, you can do so by the "Cookie Settings" button located in the lower left hand corner of every page, or altering your browser settings. You can opt out of the use of Google Analytics by installing the Google Analytics Opt-out Browser Add-on to your desktop browser.
Disclosure of your Personal Data
There are circumstances where we wish to disclose or are compelled to disclose your Personally Identifiable Information to third parties. This will only take place in accordance with the applicable law and for the purposes listed above. These scenarios include disclosure: to our parent company or subsidiaries to our partners who request a list on a one-time basis for marketing purposes. All such third parties are prohibited from using your Personally Identifiable Information, except for specific and limited marketing purposes and to provide services to us, and they are required to maintain the security and confidentiality of your information. Please opt-out if you no longer consent to your information being shared in this way; if applicable to other Users or the public as you may request using our interactive services, or as is necessary in order to resolve any disputes in relation to your contributions to our websites and services; to our outsourced service providers or suppliers to facilitate the provision of our services, for example, the disclosure to our database hosting provider for the safe keeping of your Personally Identifiable Information, web hosting provider through which your Personally Identifiable Information may be collected; to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons; to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event. In the case of a merger or sale, your Personally Identifiable Information will be permanently transferred to a successor company; to public authorities where we are required by law to do so; and to any other third party where you have provided your consent.
International transfer of Personal Data
We may transfer your Personally Identifiable Information to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your Personally Identifiable Information may be transferred throughout our group and to our outsourced service providers located abroad.
In these circumstances we will, as may be required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. If you are located in the European Economic Area, you may contact us for a copy of the safeguards which we have put in place to protect your Personally Identifiable Information and privacy rights in these circumstances.
Retention of Personal Data
Your Personally Identifiable Information will be retained for as long as is reasonably necessary for the purposes listed above or as required by applicable local law. Please contact us for further details of applicable retention periods.
We may keep an anonymized form of your Personally Identifiable Information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Security of your Personally Identifiable Information
We have implemented appropriate technical and organizational measures in accordance with industry standards to safeguard your Personally Identifiable Information. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the SSL-c protocol. However, no security measure is completely secure (e.g. from malicious intrusion) and we are unable to guarantee complete security of your Personally Identifiable Information.
In order to improve the security of your Personally Identifiable Information and your User account, we would advise that you must choose a strong password to protect your account information and to change it regularly at reasonable intervals. Furthermore, you must exit from your User account at the end of each session, not allow your browser to save your login details and secure and limit access to your personal devices.
Monitoring
We may monitor your use of our websites and services, including our interactive and communications services by intercepting, blocking, recording or otherwise accessing systems whether on a continuous or occasional basis, as permitted by applicable law. For example, where allowed by applicable law we may monitor the content of any messages sent to your User account by another User or external party and how your devices access our websites and services.
We monitor in order to ensure compliance with our legal obligations and good practice, your compliance with our Terms and policies, to gather information as part of investigations by regulatory bodies or in connection with legal proceedings or requests, to ensure confidentiality of commercially sensitive information, to operate firewalls, prevent viruses, malicious code and the downloading or use of executable software code, to prevent the downloading, copying, distribution or other use of obscene, offensive or illegal material (such as pornographic, racist or other discriminatory content), to restrict access to third-party websites, blogs and bulletin boards in accordance with applicable systems use policies, and to prevent unauthorized access and modifications to our systems.
You should have no expectation of privacy when using our services, including our interactive and communications services, because it will be subject to monitoring as set out above. However, we will comply with local laws in relation to your privacy. For example, if you are based in Europe, as far as is reasonably practical, we will not monitor or access the content of private messages or correspondence. Where we believe that such monitoring is justified and lawful, we will limit the number of people who have access to the information concerned.
Interactive Services Complaints Procedure
If you believe that a User contribution posted on any of our interactive services is inaccurate or otherwise infringes upon your data privacy rights, please notify us by email HERE. A notice will be valid if it includes:
Upon receipt of a valid notice, we will review your complaint and reply within 21 days. In our reply we may ask you for further information or inform you of what steps we have taken to resolve the matter.
Links to other websites
You should be aware that when you are on our website, you could be directed to other websites that are beyond our control. There are links to other sites from our website that may take you outside our service. We cannot guarantee that the privacy statements of these websites meet our standards. As always, we recommend reading the privacy statements of any new website you go to online.
Your rights and updating your Personally Identifiable Information
In certain countries, data protection law provides individuals with numerous rights, including the right to access, rectify, erase, restrict or object to the processing of, their Personally Identifiable Information. For more information about your rights, including your right to lodge a complaint, please visit the website of your local data protection authority.
If for any reason you wish to access, review, correct or delete the Personally Identifiable Information collected about you, you may do so by emailing: HERE. You must be able to provide sufficient proof of your identity. Once identified, we will be happy to review, update or remove your information, as appropriate.
Children
Please note that this website is not intended for children under the age of 16. If a child under the age of 13 has provided personally identifiable information to Controlled Air through our website, a parent or guardian may contact HERE. to request the information be deleted from our records. Following receipt of such a request, Controlled Air will make reasonable efforts to delete the child’s information from our records.
California Residents Only
California law (CCPA) permits California residents to request, free of charge, personal information that is held by Controlled Air. California may make such request in writing by emailing us HERE. with your name and noting CPPA in the subject line of your email. Within 30 days of receiving your request we will reply with identification of the personal information in possession of Controlled Air.
The California “Shine the Light Law,” California Civil Code Section 1798.83, permits California residents to request and obtain once a year, free of charge, information about Personal Information (as defined by California law), if any, that we disclose to certain third parties for direct marketing purposes in the preceding calendar year. California residents may make such a request in writing by emailing [INSERT EMAIL HERE] with your name and address, and noting “California Shine the Light Request” in the subject line of the email. Within 30 days of receiving your request, and where required by law, we will send you a list of the categories of personal information disclosed for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.
Connecticut Residents Only
The Connecticut Data Privacy Act (CTDPA) permits Connecticut residents to access, correct, delete, and obtain copies of Personal Information that is held by Controlled Air. The CTDPA also permits Connecticut residents to opt out of the sale of their Personal Information and the processing of Personal Information for the purposes of targeted advertising. A Connecticut resident may make such request in writing by emailing HERE with your name and noting CTDPA in the subject line of your email. Within 30 days of receiving your request, we will reply with a confirmation of treatment of your Personal Information in connection with your request. In addition, a Connecticut resident may opt out of targeted advertising or the sale of their Personal Information by clicking HERE and requesting removal.
Controlled Air does not willingly process any information that is considered "Sensitive Data" under the CTDPA.
Changes to this Statement
We will occasionally update this Privacy Statement to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how we use your information.
CONTROLLED AIR INC SMS POLICY
Effective Date: SEPTEMBER 1, 2025
Controlled Air, Inc. ("we," "us," or "our") is committed to protecting the privacy of our customers. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information when you receive text messages from us. By subscribing to our text messaging service, you consent to the practices described in this policy.
Information We Collect:
If you notice any unlawful use of Personally Identifiable Information or if you believe that we have not adhered to this Statement, we would be grateful if you would notify us by email HERE.
You must accept our terms and conditions and privacy policy to use our website.
