Last modified: July 18 2013
You hereby acknowledge and agree to the foregoing and that any and all communications, correspondence, phone calls, text messages, and agreements among Site users (including vendors, customers and other third parties), verbal or written, or any warranties or representations, made with regard to products and services are not provided by the Company and are specifically and solely among the Site users involved.
YOU HEREBY AGREE TO HOLD COMPANY HARMLESS FOR ANY INCIDENT WHICH MAY ARISE THROUGH HVAC WORK OR OTHER SERVICES CONTEMPLATED ARISING OUT OF THE USE OF SITE. THE COMPANY IS NOT A GENERAL CONTRACTOR OR MECHANICAL CONTRACTOR. THE COMPANY DOES NOT MAINTAIN A SUB-CONTRACTOR RELATIONSHIP WITH ANY SITE USERS. THE COMPANY MERELY REFERS HVAC WORK VENDORS TO CUSTOMERS. IN THE EVENT SUCH A VENDOR IS FOUND TO NOT HAVE THE PROPER LICENSE(S) AND/OR INSURANCE, SUCH VENDOR IS RESPONSIBLE FOR ANY AND ALL LEGAL ACTION, AND THE USERS OF THE SITE SHALL NOT HOLD THE COMPANY HARMLESS FOR ANY DAMAGES ARISING OUT OF THE FOREGOING.
FURTHERMORE, YOU AGREE THAT THE SITE IS INTENDED TO BE USED SOLELY AS A FORUM TO FACILITATE THE PROCUREMENT OF HVAC WORK, AND THAT THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY OF THE BIDS POSTED BY CUSTOMERS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY OF CUSTOMERS, THEIR ABILITY TO PAY FOR HVAC PRODUCTS OR SERVICES, OR THE SAFETY OR SUITABILITY OF THEIR FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CUSTOMER BIDS AND HVAC WORK.
All pages within this Site, other than Submissions, as defined below, and any material made available for download are the property of the Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright, patent, and trademark laws. The contents of the Site, other than Submissions, as defined below, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by the Company. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of the Company without the Company’s express written consent.
The Site is intended to be used by both customers and vendors. To be eligible to use the Site, you must create an account (a “Customer Account” or “Vendor Account”, as applicable) with an email address and cellular or wireless telephone number that you or your organization own.
You authorize Company directly or through third parties, to make any inquires Company considers necessary to validate your identity or the identity of your organization. Such inquiries may include asking you further information, requiring you to take steps to confirm ownership of your email address, wireless or cellular telephone number or financial instruments, ordering a business credit report and verifying your information against third party databases or through other sources.
By opening a Customer Account or Vendor Account, you are thereby authorizing Company to, and giving Company your written instructions to, obtain your personal and/or business credit report from a credit bureau. Company may obtain your credit report: (a) when you open a Customer Account or Vendor Account, or (b) any time thereafter if Company reasonably believes there may be an increased level of risk associated with your account. An increased level of risk includes, but is not limited to, chargebacks or reversals, a negative business rating from Site users, or suspicious activity associated with your account. Customer financial information shall only be shared with potential vendors who will potentially provide work for customers. In the event a vendor receives financial information or information to inquire about financial credibility, vendors shall keep such information shall remain confidential and used financial worthiness verification purposes only.
Although the Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that the inaccuracy can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, the Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.
To the extent users post reviews or commentary of services, you acknowledge that Liability for an opinion rests with its original author. Unlike a traditional publisher, the Company is exempt from liability for content posted to the Site by third-parties, in accordance with 47 U.S.C. Section 230 of the Communications Decency Act. Because the Company may acts as a passive conduit allowing users to post content on the site, this Federal law bars claims made against the Company for such content.
The Company has made significant efforts to accurately display the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor, Company cannot guarantee that your monitor's display of any color will be accurate.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from suppliers or vendors, the Company shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, Company shall immediately issue a credit to your credit or debit card account in the amount of the charge previously placed on your credit or debit card.
The Company reserves the right, at its sole discretion, to refuse or cancel any order made through the Site for any reason. Your account may also be restricted or terminated for any reason, at the Company’s sole discretion. A customer will not be charged until your payment method is authorized, the order information is verified for accuracy and a project is completed (except for orders, including pre-orders, paid for with a Gift Card, eGift Card or PayPal account, which are charged at the time a customer places a project order, not when a project is completed). Some situations that may result in an order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by the Company’s credit and fraud avoidance department. The Company may also require additional verifications or information before accepting any order. The Company will contact you if all or any portion of an order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, the Company will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
As of the date hereof, the Owner’s Payments are paid to an Escrow account. Except for the Company’s (itself or through the Payment Processor) limited role in processing payments, the Company is not a party to any underlying transaction among Site users. The Company is not a bank and does not offer banking services. The Company does not guaranty payment by or the provision of HVAC Work by any Site user. The Company is not a selling agent in connection with any sale by any vendor of any HVAC Work to any customer. The Company has no control over the quality, fitness, safety, reliability, legality, or any other aspect of any HVAC Work offered by any vendor through the Site.
If there is an error in the processing of any transaction, you authorize the Company to debit or credit your vendor Merchant Account with the Payment Processor or customer third party bank account, as applicable, to correct such error. If the Company is unable to debit a vendor’s Merchant Account with the Payment Processor or a customer’s third party bank account, as applicable, you authorize the Company to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with the Company.
Site users that are customers represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You understand and agree that Company assumes no liability for any taxes (except for taxes payable by Company relating to fees paid to Company once fees are assessed) and each Site user (whether a customer, vendor or otherwise) is solely responsible for collecting and remitting any and all taxes associated with it, in respect of the transactions or use of the Site, except for taxes payable by Company relating to fees paid to Company once fees are assessed.
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless the Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
The Company reserves the right to keep all records of any and all transactions and communications between Site users for administration and data tracking purposes. You agree and acknowledge that the Company has no obligation, other than any already existing statutory obligation, to keep or preserve and records or data.
The Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from the Company, and that the Company has no control over the Content on that website. In addition, a link to a non-Company website does not mean that the Company endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to the Company or the Site (“Submissions”), you agree not to provide any Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contain or transmit a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. The Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.
The Company does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Site. You grant Company the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Company and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of any Submissions you post or allow to posted to the Site.
The Company disclaims any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), Company will respond promptly to notices of alleged infringement that are reported to the Company’s Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending the Company a notice ("Notice") complying with the following requirements.
Deliver this Notice, with all items completed, to Company’s Copyright Agent: Alex Rangel 5003 W. Spring Lake Dr. Tampa, FL 33629 Copy to: email@example.com
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When the Company receives a counter notice, it may reinstate the material in question. To provide a counter notice, please provide the following information to Company’s Designated Copyright Agent.
The Counter Notice should be delivered to the following Designated Copyright Agent of Company: Alex Rangel 5003 W. Spring Lake Dr. Tampa, FL 33629 Copy to: firstname.lastname@example.org
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY THE COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, HVAC WORK, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
You agree to defend, indemnify, save and hold harmless the Company and its subsidiaries and affiliates, directors, officers, employees, agents, representatives, partners, members, shareholders, successors, and permitted assigns from any damages, losses, liabilities, deficiencies, taxes, interest, penalties, judgments, settlements, awards, fines, costs and any other expenses (including, without limitation, reasonable attorneys' fees and expenses in connection with any action, suit, proceeding, claim, investigation, or other loss) that arise out of any HVAC Work performed by any Site user, any failure by a Site user to perform any HVAC Work, any failure by a Site User to hold the proper licenses or insurance necessary or commercially standard to perform HVAC Work, any failure of a Site user to make payments for HVAC Work performed, or any agreements, communications or other interactions between Site users.
Company will try work in good faith to resolve any issue you have with Site, including products and services order or purchased through the Site, if you bring that issue to the attention of Company’s customer service department. However, Company realizes that there may be rare cases where Company may not be able to resolve an issue to a customer's satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.