Membership Term and Termination:
Membership in ACCA is for corporate entities, and is not individual to persons employed or associated with that entity. Each corporate entity has one primary contact who is the designated voting member of that entity, and even if that primary contact leaves the entity, membership remains with the corporate entity and is nontransferable.
This agreement is applicable to the term of your membership. This shall be the term beginning after you have applied for and been accepted as a member and ending on the termination, expiration or cancellation of your membership in ACCA or any other earlier termination of this agreement by ACCA. Unless terminated as provided herein, this agreement shall remain in full force and effect, renewing as you renew your membership. This agreement shall be suspended upon termination or cancellation of your ACCA membership. If you are not satisfied with your membership and have pre-paid for the full year, you may request cancellation of your membership and ACCA will refund you a pro-rated portion of your dues. If you are not satisfied with your membership and are paying month-to-month, you must cancel your membership and you will not be charged again; however, there will be no refunds for previous months paid. If you do not renew or you are terminated for non-payment, you must immediately cease holding yourself out as an ACCA member (see, below, for General Rules on ACCA name, acronym, and logo property rights.)
ACCA reserves the right to reject your application for membership at any time and for any reason.
Payment of Dues:
You shall pay dues applicable to your level of membership, as established from time to time by ACCA and subject to change by ACCA at any time.
General Rules Regarding Your Use of the ACCA Name, Acronym, Logo and Content:
The name, acronym and/or logo are the property of ACCA and are protected by federal trademark and copyright laws and international trademark and copyright treaties, and contain intellectual property exclusive to ACCA. All rights, interest, title to and ownership and intellectual property rights in the name, acronym, and/or logo remain with ACCA and may only be used by members under the terms set forth by ACCA below.
You may use the name, acronym and/or logo of ACCA as long as you are a member of ACCA. It must be used only to denote your membership in ACCA. You may not use the name, acronym and/or logo for either express or implied endorsement of you or your company’s services or products.
You are expressly prohibited from utilizing the name, acronym and/or logo for any purpose not permitted in this agreement. You may not modify the name, acronym and/or logo or create derivative works based upon the name, acronym and/or logo or any part of the name, acronym and/or logo.
You may not distribute copies of the name, acronym and/or logo to third parties. You must comply with all applicable laws regarding the use of the name, acronym and/or logo.
Once membership is terminated, you must cease using the name, acronym and/or logo immediately. If your membership has been terminated, either for non-payment or at your request, and you continue using the ACCA name, acronym or logo, or in any other way hold yourself out publicly as a member of ACCA, then you agree that you owe dues in full for the period of time between the termination of your membership and the time at which you ceased publicly identifying yourself as a member of ACCA, plus a $575 administrative fee.
Content provided to ACCA members on a “member-only” basis, either online or through other methods, may only be used by you and your company while you are an ACCA member. You agree that you will not share any ACCA “member-only” content with anyone who is not an employee of your organization. This includes articles, downloadable templates, community forum messages, or any other content made available by ACCA for the exclusive use of its members. You agree that, if any of your company employees make ACCA information available to non-members, that your company is responsible for the membership dues owed by those companies at a rate solely determined by ACCA.
Membership Requirements:
Contractor Members:
Contractor members are companies that design, install, and maintain the indoor environment systems in homes or buildings as their primary business function. HVAC contractors operating in jurisdictions that require HVAC licensing must be properly licensed as an HVAC contractor in those jurisdiction(s). If ACCA determines that your company does not have the proper HVAC licensing requirements for the jurisdiction(s) in which you operate, we will terminate your membership immediately and retain any dues paid as an administrative fee.
Associate Members:
Associate members are companies that provide any services or products to contractors. They may manufacture their own products, or they may distribute products manufactured by others. They may also be consultants, sales representatives, wholesalers, or any other kind of service provider. Associate members either make their services or products available for sale directly to contractors; or, they may sell through distributors or resellers of some kind; or, they may be paid by other third parties (such as manufacturers, utilities, government agencies, etc.) to provide services to contractors; or, they may distribute and/or sell other companies’ services and products to contractors.
School Members:
Properly accredited colleges, high schools, and trade schools may qualify for school membership. Private training providers (who make training services available to contractors) qualify for associate membership and are not considered schools. If ACCA determines that your organization is not a properly accredited school, we will terminate your membership immediately and retain any dues paid as an administrative fee.
Government Agency Members:
Agencies of a federal, state or local government may qualify for a government agency membership. Companies or individuals who serve as contractors or consultants to a government agency do not qualify for this membership. If ACCA determines that your organization is not a government agency, we will terminate your membership immediately and retain any dues paid as an administrative fee.
Utility Members:
Any public or private entity providing utility services to homeowners and building owners in any locality.
Disclaimers:
Your membership and the ACCA website are provided on an “as is” basis, and ACCA makes no guarantees regarding your membership and expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. While ACCA makes every reasonable effort to present accurate and reliable information to its members and on its website, ACCA does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, or efficacy of such information. Use of such information is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness and efficacy.
ACCA disclaims all responsibility for any loss, injury, claim, liability or damage of any kind related to membership in ACCA or use of its website and its content, including but not limited to technical inaccuracies or typographical errors, and any third party websites or content therein directly or indirectly accessed through hot links in the ACCA website, including but not limited to any errors in or omissions therefrom.
Limitation of Liability:
You agree that you will not sue ACCA for injunctive relief or for any damages on any matter concerning the subject matter of this agreement. In no event shall ACCA be liable to you or any other for any damages of any type as a consequence or arising from your actions pursuant to this agreement, whether such actions are authorized or unauthorized pursuant to the terms of this agreement.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL ACCA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS, LOST INCOME, DIMINISHED GOODWILL, DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
Notices:
All notices by you to ACCA must be made to membership@acca.org.
Miscellaneous:
If any provision of this agreement is held invalid or unenforceable, all other provisions shall remain valid, unless such validity would frustrate the purpose of this agreement, and this agreement shall be enforced to the full extent allowable under applicable law and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision. No modification to this agreement is binding except when expressly agreed to by ACCA.
This agreement shall be governed by and construed under, and the legal relations among the parties hereto shall be determined in accordance with, the laws of the Commonwealth of Virginia, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction.
This agreement is the entire agreement between you and ACCA relating to the subject matter herein and supersedes all prior and contemporaneous oral or written communications, proposals, and representations with respect to its terms and conditions.
ACCA reserves the right to change this agreement and/or its terms at any time and may eliminate the membership granted herein with respect to you or all members collectively at any time. Any change to this agreement and/or its terms shall be effective as of the date of posting to the ACCA website or actual notice to you, whichever is earlier.