Online Terms of Use

Last modified: July 11, 2018

These terms and conditions of use (“Terms of Use”) govern each Site user’s (“you,” “your,” or “Site user”) use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Ravti Corp d/b/a Ravti (the “Company”), including the Company’s website, located at https://www.ravti.com (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult Company’s Privacy Policy, available at https://www.ravti.com/privacy_policy for a description of Company’s privacy practices and policies.

Binding Arbitration

These Terms of Use provide that all disputes between you and Company will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Section 21 below entitled Dispute Resolution; Arbitration Agreement for details regarding your agreement to arbitrate any disputes with Company.

1. The Site is a Neutral Venue

Through the Site, the Company provides an online marketplace for consumers and providers of HVAC (heating, ventilation and air conditioning) services, products, systems and/or equipment (“HVAC Work”) to those who agree to be bound by these Terms of Use. The Company is not a party to any agreement entered into between any user of the Site (including vendors, customers or other third parties), nor is the Company an agent, insurer or guarantor of any user of the Site. The Company functions solely as a neutral venue (facilitator) and digital clearinghouse where two parties may agree on a price and payment terms for a particular type of HVAC Work. The Company has no control over the quality, safety, or legal aspects of the transactions that take place on or off of the Site. The Company does not prequalify or validate the claims, credentials or other any information provided by Site users, including but not limited to customer or vender ownership or property or products, licensure, insurance and certifications. The Company does not provide any endorsement for the services being sought or offered and each Site user agrees that Company does not provide the products or services and is not in any way responsible for assisting in any manner with the provision of the products or services being sought or offered. The Company does not endorse or guarantee the services of, directly or indirectly, any HVAC equipment manufacturer, service provider, or other provider of HVAC Work. The Company cannot and does not guarantee the ability of Site users to commence or complete payment for any of the services or products provided by vendors. The Company has no control over the accuracy of listings, the ability of vendors that use the Site to perform or provide the services or services, or the ability of customers that use the Site to deliver to provide access to a particular facility for the provisions or products or services, or to make payments. The Company cannot ensure that a customer or vendor will actually complete a service or transaction, and you agree that you use the Site at your own risk and bear full responsibility for vetting any transactions you enter into through the Site.

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.

2. Ownership Of The Site

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.

3. Eligibility

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.

4. Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

5. Accuracy and Integrity of Information; Colors

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.

6. Typographical Errors and Incorrect Pricing

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.

7. Order Acceptance

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.

8. Online Payments

8.1 Payment Processing.

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.

8.2 Invoicing

Subject to these Terms of Use, the Company will invoice Site users that are customers on behalf of Site users that are vendors. The Company will deposit into each vendor’s Merchant Account with the Payment Processor the amounts actually received by the Company from customers for transactions submitted through the Site (less any the Fee and any other applicable fees or charges). Unless the Company, in its sole discretion, elect to deposit funds earlier, funds for any hereunder transaction with a customer will not be deposited into Vendor’s Merchant Account with the Payment Processor until (i) the Company or the Payment Processor has actually received such funds and (ii) the Company or the designated financial institutions have accepted the transaction or funds and you have uploaded any and all relevant project information to complete the relevant HVAC Work. Site users that are customers shall make payment in accordance with the following payment terms, unless modified by a particular invoice:

  • Equipment (including, but not limited to, heating, ventilation and air conditioning equipment, warranties, extended warranties, pumps, thermal storage, energy recovery, factory or field applied coatings, roof curbs, curb adapters, water tanks, their supporting structures and other accessory installations procured through the manufacturer or a manufacturer’s representative) - net/10 days of initial invoice;
  • Labor (including, but not limited to, time and manpower associated with the installation, repair, replacement, removal, diagnosis or equipment) – net/10 days of initial invoice;
  • Maintenance (including, but not limited to, one-time service or routine scheduled service to proactively ensure equipment runs optimally) – net/10 days. Invoices shall be made up to 30 days prior to scheduled service. Payment shall be paid in full prior to maintenance;
  • Repairs (including, but not limited to, parts, labor, time, manpower, material, sub-contractor to a vendor, in order to attempt to bring back to order or better order an existing piece of equipment) – net/10 days of initial invoice;
  • Other material or service (equipment, material, or service not specifically detailed above included in a project, maintenance, or service; or a sub-contractor to a vendor; or crane services) - net/10 days of initial invoice;
  • Inventory or Software Services (including, but not limited to, tagging and inventorying equipment, or any other service which can be a consulting fee) – net/15 days\Any other type of good, product, or service not specifically detailed above - net/10 days of initial Ravti invoice;
  • Ravti invoices 30-days after execution of this contract, unless Ravti has not delivered the inventory and it is not accessible online. In the event Owner has not provided facility/roof access and tenant roster(s) within 10-days of execution of this contract, Ravti can invoice 30-days after execution of contract.

Chargebacks

The amount of a transaction among Site users may be charged back or reversed to a vendor’s Merchant Account with the Payment Processor (a "Chargeback") if the transaction (a) is disputed by the customer, (b) is reversed for any reason, (c) was not authorized or the Company has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms of Use.

10. Processing Errors

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.

11. Customer Representations

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.

12. Vendor Acknowledgements and Consent

Site users that are vendors acknowledge that the Payment Processor is solely responsible for payment transmission and is not an affiliate of the Company. Such vendors hereby agree to abide by the Payment Processor’ website Terms of Use and Privacy Policy. Additionally, such vendors hereby consent to the Company providing the vendor’s financial information to the Payment Processor to facilitate the transfer of payment from customers to vendor. The Company hereby disclaims, and Site users that are vendors hereby release the Company from, liability for any loss arising out of the Payment Processor’s use or actions with respect to the vendor’s financial information provided to the Payment Processor by the Company.

13. Taxes

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.

14. Export Policy and Restrictions

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.

15. Access to Site; Indemnification

In the event access to the Site or a portion thereof is restricted requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by the Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by the Company at any time with or without cause. You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by the Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

16. Record Keeping

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.

17. Links to Other Sites

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.

18. Submissions, Reviews, Feedback and other Postings to the Site

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.

19. Claims of Copyright Infringement

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.

20. Notices of Alleged Infringement for Content Made Available Through the Site:

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.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).""I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Company’s Copyright Agent: Alex Rangel 5003 W. Spring Lake Dr. Tampa, FL 33629 Copy to: alex.rangel@ravti.com

21. Counter Notices:

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.

  1. Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled.
  2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
  3. Your name, address, telephone number and, if available, email address.
  4. A statement as follows: “I hereby consent to the jurisdiction in the state or federal courts located in Hillsborough County, Florida, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
  5. Provide your full legal name and your electronic or physical signature.

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: alex.rangel@ravti.com

22. Confidentiality and Non-Disclosure

As a result of the performance of these Terms of Use and whether due to any intentional or negligent act or omission, the Company may disclose to you or you may otherwise learn of or discover, Company’s documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Company’s business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be Company’s sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms of Use. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. You specifically agree that your access to the Site is not to locate or obtain Our Information to compete with the Company, and you specifically agree that such access would constitute the misappropriation of confidential information pursuant to Florida law, whether such access is by a user or a computer program or algorithm used to parse the Site and access Our Information. All obligations contained herein shall survive the termination of these Terms of Use. Furthermore, you acknowledge that Company’s information is proprietary, confidential and extremely valuable to Company, and that Company would be materially damaged by disclosure of Our Information. You also acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that Company shall be entitled to injunctive relief. In the event you breach this confidentiality obligation, you agree and consent to the entry of a preliminary injunction prohibiting your use of Our Information. In addition to and not in limitation of the foregoing, the Company may disclose to Site users that are vendors, or such vendors my otherwise learn or discover, confidential information of Site users that are customers (“Customer Information”). Site users that are vendors hereby agree to use Customer Information only for the specific purposes as allowed by the performance of these Terms of Use (and any applicable agreement between the Company and such vendor), and that any disclosure of Customer Information to a third party is strictly prohibited.

23. Non-Solicitation.

During the term of these Terms of Use, and for a period of eighteen (18) months after the provision of any HVAC Work initiated through use of the Site, you shall not solicit to hire nor hire the Company’s employees. Furthermore, you shall not otherwise interfere with any of Company’s other business relationships including those with Company’s other Site users.

24. Disclaimer of Warranties

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.

25. Limitation of Liability Regarding Use of Site.

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).

26. Indemnification

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.

27. Dispute Resolution; Arbitration Agreement

In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Hillsborough County, Florida, in accordance with Florida law.

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 any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including products and services order or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, Company agrees to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.

If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written Notice of your claim ("Notice"). The Notice to Company should be addressed to: Alex Rangel, 5003 W. Spring Lake Dr., Tampa, FL 33629 ("Notice Address"), with a Copy to: alex.rangel@ravti.com. If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address Company has on file or otherwise in Company’s records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from Company by writing to Company at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator. If your claim is for US $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Hillsborough County, Florida.

28. No Agency

Each Site user hereby agrees and acknowledges that its acceptance of these Terms of Use, the seeking of products or services, and/or the use of the Site does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Company and furthermore that no affiliation, association or connection of any kind exists between you and Company.

29. Non-Circumvention

Each Site user acknowledges that the Company’s relationships with its customers and vendors are extremely valuable and proprietary to Company and that accordingly, any interference therewith will cause material and irreparable harm to the Company. In consideration of the covenants set forth in these Terms of Use and each Site user’s use of the Site to procure or provide (as applicable) products and services, each Site user hereby covenants and agrees that, for a period of eighteen (18) months after the provision of any HVAC Work initiated through use of the Site, you shall not, directly or indirectly, on behalf of itself or any third party, (i) transact or attempt to transact, other than through the Site, for HVAC work with any Site user with which you had contact with through or by means of (whether by referral or otherwise) the Site, (ii) divert or attempt to divert from the Company or its affiliates any business from any customer or vendor of the Company and its affiliates, (iii) disrupt or attempt to disrupt the business relationship between Company or its affiliates and any customer or vendor of Company or its affiliates. Each Site user hereby acknowledges and agrees that remedies at law for a breach or threatened breach of any of the provisions of this Section 23 would be inadequate and Company would suffer irreparable damages as a result of such breach or threatened breach. Consequently, each Site user hereby agrees that, in the event of a breach or threatened breach by a Site user of any of the provisions of this Section 23, in addition to any remedies at law, Company, without posting any bond, shall be entitled to cease making any payments or providing any benefit otherwise required by these Terms of Use and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy that may then be available.

30. Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be severed from these Terms of Use without affecting the remaining provisions of these Terms of Use, which shall continue in full force and effect.

31. Revisions; General

Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.