Terms of Use

What you can rely on Infrastructure Condition Index for, what you must not, and the terms on which Harmelo Corp. makes it available.

Agreement

These Terms of Use apply to your use of conditionindex.com. By using the site you agree to them. If you do not agree, do not use the site. Using the site does not mean you agree to any optional feature: each optional feature asks for its own separate permission.

Who provides ICI

Infrastructure Condition Index (ICI), available at conditionindex.com, is operated by Harmelo Corp., 3000, 421 7th Ave SW, Calgary, Alberta T2P 4K9, Canada. "We" and "us" mean Harmelo Corp.

Eligibility

Anyone may use the public tools. To use an optional feature that collects personal information, you must have reached the age of majority where you live and be able to agree to these terms. If you use ICI for an organization, you confirm you may accept these terms for it.

What ICI is

ICI is a free informational service. It calculates a Condition Profile from the answers you give, shows local climate and hazard context in the Building Almanac, and lets you look up published equipment references and official recall and safety information. Everything it shows is general information based on what you enter and on public sources.

What ICI is not

ICI is informational only. It is:

Not an inspection or a building inspection.
Not an engineering opinion or a structural assessment.
Not a safety assessment or safety inspection.
Not an emergency service. If you smell gas, see smoke, fire, sparking or water entering near electrical equipment, or suspect carbon monoxide, leave the building and call emergency services.
Not a diagnosis, and not professional maintenance advice.
Not a contractor recommendation.
Not an insurance, lending or underwriting decision, and not an appraisal.
Not a code compliance determination.
Not a warranty determination.
Not a recall determination beyond the official information specifically shown.
Not a guarantee of eligibility for any program, including any retrofit program.
Not proof that equipment is installed, and not proof that a product is available in a market.
Not a substitute for qualified professional advice or for emergency authorities.

Building Alerts. Building Alerts early access is a request to be told when Building Alerts opens. It is not a subscription, and no alerts are being sent. When Building Alerts operates, an alert is general, building-focused information about local conditions. It is not an official weather or emergency warning and does not replace warnings from public authorities. It does not predict damage, a claim or a loss, and does not guarantee that damage will be prevented. Alerts may be delayed, incomplete or not sent, and conditions may not affect every building in the same way. Follow the public authority for your area for warnings and emergency instructions.

Always follow the manufacturer's official documents, and consult a qualified professional before acting on anything ICI shows.

Optional features

You may choose to save a building and its Condition Profile, sign in to an ICI account to return to it, reach it through secure access links, make optional contact choices and ask for retrofit program notifications. If you choose to use an optional feature, the terms below apply.

Each optional feature is separate. You choose what is saved, you see the exact record before it is stored, and it is stored only when you confirm. The optional features that collect personal information are not currently offered in Québec; the public tools remain available there. Program referrals are not currently offered.

Accuracy of what you submit

A Condition Profile is only as good as the answers behind it. You are responsible for entering information that is accurate to the best of your knowledge, and for not entering serial numbers, addresses or other details the site asks you not to enter. ICI does not receive or verify documents.

Permitted use

You may use ICI for your own information and for your own or your organization's building decisions, and share your own results.

Prohibited use

You must not: use ICI unlawfully; submit information about a building or person you have no right to submit; submit someone else's email address; try to access another person's saved profiles; probe, scan, overload or disrupt the site, or bypass its security or rate limits; scrape, copy or systematically extract its content, data or methodology; reverse engineer the methodology; use automated means to submit requests; or represent an ICI result as an inspection, certification or professional opinion.

Access links and signing in

An access link gives access to the saved profiles for one email address. Keep it private, do not forward it, and use an email address you control. A link works once and expires after 30 minutes. If you think someone else has used your link, write to us.

Your ICI account is the email address you used to save a building. A sign-in link works once and expires after 15 minutes; opening it keeps you signed in on that browser for up to 7 days, or until you sign out. Anyone who can read your email can use these links, so keep your email account secure, do not forward a link, and sign out on a shared device. You can sign out everywhere at any time.

Signing in, or saving a building, shows only that you could receive email at that address. It does not establish that you own, manage or have authority over any building, or that the information saved is correct.

Your information

You keep ownership of the information you submit. You give Harmelo Corp. a limited permission to host, store, process, calculate from and display it only as needed to provide the features you choose, as described in the Privacy Policy. That permission ends when the information is deleted, except for the records the Privacy Policy says are kept.

Intellectual property

The site, its content, design, data compilations and methodology belong to Harmelo Corp. or its licensors. Infrastructure Condition Index and ICI are trademarks of Harmelo Corp. These terms give you no right to use any Harmelo Corp. name, logo or trademark. Asset History Report is a separate Harmelo product with its own terms.

Third-party sources and links

ICI shows and links to information from government agencies, manufacturers and other public sources. We do not control those sources and are not responsible for their content, accuracy or availability. Official documents from the issuing authority or manufacturer prevail over anything ICI shows.

Availability and changes to the service

We may change, pause or withdraw any part of ICI. We try to keep it available but do not promise that it will be uninterrupted or error free.

Suspension

We may refuse, limit or suspend access, or disable an access link or sign-in link or end a sign-in session, where reasonably necessary to address abuse, a security threat, unlawful use or a breach of these terms.

Privacy

The Privacy Policy forms part of these terms and explains how personal information is handled.

Ending use and deletion

You can stop using ICI at any time. You can delete saved profiles from the saved profiles page or by writing to us, as described in the Privacy Policy. Deleting everything saved for your email address also deletes your ICI account. Sections that by their nature should continue, including intellectual property, disclaimer, limitation of liability and governing law, continue after you stop.

Disclaimer

To the extent permitted by applicable law, ICI is provided "as is" and "as available", without warranties of any kind, including fitness for a particular purpose. Nothing in these terms limits rights you have under consumer protection or privacy laws that cannot be waived.

Limitation of liability

If you are a consumer in Québec, or live anywhere else where the law does not permit these limits, the limits in this section do not apply to you to that extent.

To the extent permitted by applicable law, Harmelo Corp. is not liable for indirect, incidental, special or consequential loss, or for loss of profits, data or opportunity, arising from your use of this free informational service, and its total liability to you for all claims relating to ICI is limited to CAD $50.

Nothing in these terms excludes or limits liability for gross negligence, wilful misconduct, fraud, bodily injury, or any liability that cannot be excluded or limited under applicable law, and nothing limits rights you have under consumer protection or privacy laws that cannot be waived.

Responsibility for misuse

If you are a consumer in Québec, this section does not apply to you to the extent the law does not permit it.

If you use ICI unlawfully, infringe someone else's rights through what you submit, or deliberately misuse the site, you are responsible for the reasonable losses that misuse causes Harmelo Corp. This does not apply to losses caused by Harmelo Corp.'s own acts or omissions.

Governing law

If you are a consumer in Québec, or in another province, territory or state whose law gives you the right, the laws and courts of the place where you live apply to you, and this choice of law and courts does not take that right away.

Otherwise, these terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, and the courts of Alberta have jurisdiction. These terms contain no mandatory arbitration and no waiver of class proceedings.

General

If any part of these terms is found unenforceable, the rest remains in effect. Not enforcing a term is not a waiver of it. You may not assign these terms; we may assign them in connection with a change of control of Harmelo Corp., subject to the Privacy Policy. These terms and the Privacy Policy are the entire agreement between you and Harmelo Corp. about ICI.

Changes to these terms

We may update these terms. The date below shows when they take effect. A change does not by itself give consent to any optional feature, and we will ask for consent where the law requires it.

Contact

Harmelo Corp., 3000, 421 7th Ave SW, Calgary, Alberta T2P 4K9, Canada. partnerships@harmelo.com.