HVAC NATION END USER & LIMITED
User Agreement is accepted as to the terms & conditions to use this site, failure to accept terms and conditions prevents use of this site and all its features, links, clients and marketplace characteristics. HVAC NATION (collectively, “our,” “us,” “HVAC NATION” “hvacnation.com” or “we”) located in the U.S. which operates www.hvacnation.com website, provide referral services and other applications, and develop software. We refer to these as “sites,” “services,” or “our sites and services.”
Terms and Conditions
This User Agreement, User Privacy Notice, and all policies posted on our site set out the terms on which HVAC NATION INC. offers you access to use of our site, services, applications and tools (collectively “Services”) for www.hvacnation.com. All policies, Terms and conditions including the User Privacy Notice are incorporated into this Agreement.
By using our sites and services, you are a “user” and you accept and agree to this TERMS as a legal contract between you and us. We may post changes to these TERMS at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these TERMS, now or in the future, you may reject these TERMS by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
These TERMS grant you a limited, revocable, nonexclusive license to access our sites and service and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TERMS.
Access to this site requires you to comply with all the terms of this agreement when using and providing your services (selling or buying) in our marketplace. You are required to create an account and abide by the hvacnation.com policies and procedures. User must be of age at the time of creation of store or use of marketplace features at hvacnation.com. User states that he/she is eighteen (18) years old at the time of creation of website store, if user is an agent for company or corporation then he agrees that he is eighteen (18) years old at time of creation of website marketplace. The policies, terms and conditions of this marketplace are applicable to you when creating an online store at hvacnation.com under the management and control of HVAC NATION INC. 7787 SW 86 ST # E111 Miami, FL 33143. The policies, terms and conditions of this site are applicable to all users whether or not residing in the United States. In this User Agreement, “HVAC NATION INC” is individually and collectively referred to as “HVAC NATION,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how any claims against this site and HVAC Nation Inc, other users and entities are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis under a dispute resolution system.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages, ratings and any other user communications (“content”)) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TERMS, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TERMS by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TERMS violation.
Although www.hvacnation.com representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TERMS violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TERMS violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TERMS violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours, or an our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our authorized officers and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
About HVAC NATION
HVAC NATION is an internet-based marketplace that allows users to offer, sell and buy any and all items related to heating, ventilation and air conditioning (HVAC), including but not limited to plumbing and electrical items in a fixed price format. The market place website, hvacnation.com, is the sole propriety of HVAC NATION INC. 7787 SW 86 ST # E111 Miami, FL 33143. Any and all contracts for sale and purchase of items at hvacnation.com are solely between the sellers and buyers. HVAC NATION only provides a platform for the pricing of items by seller and the purchase of items by buyers. HVAC NATION is not an auctioneer. HVAC NATION, is not responsible for any sellers’ advertisements, conditions of sold items, safety, quality, or truth and accuracy of sellers’ listings; while we may help facilitate the resolution of disputes through various programs, HVAC NATION has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of sellers stores contents or listing; the ability of buyers to purchase and pay for items or the completion of any transaction, lack thereof or return any item.
Use of HVAC Nation Marketplace (hvacnation.com)
In connection with using or accessing the Services at hvacnation.com you agree to not: post to any media website any disparaging remarks about hvacnation.com, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old); buyer/seller transfer your HVAC NATION account (including ratings) and user 10 to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; Distribute viruses or any other technologies that may harm HVAC NATION or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of HVAC NATION; hvacnation.com reserves the right to temporarily or indefinitely suspend any party that violates the terms and conditions from using our sites, services, applications or tools; hvacnation.com reserves the right to amend usage of this site at any time by updating the terms and conditions disclaimer posted in our website and contained herein.
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means. Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
For each site, a user may create, maintain and use no more than one account, without permission from hvacnation.com, to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.
The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TERMS also is expressly prohibited.
III. Unauthorized Access and Activities
This section applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section. To maintain the integrity and functionality of www.hvacnation.com and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users. beneficial use and enjoyment of our sites and services are expressly unauthorized and prohibited. For example, without limitation:
- The collection of our sites and services users, personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
- Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
- Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
- Any effort to decompile, disassemble or reverse engineer all or any part of our sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
- Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these TERMS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.
- Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TERMS.
If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services web pages or our intellectual property in violation of these TERMS or for purposes inconsistent with these TERMS, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TERMS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.
Hvacnation.com reserves the right to suspend your account for any of the following: failure to pay for items purchased by you, unless in accordance with a notification or policies of hvacnation.com. hvacnation.com may consider failure to pay items excusable if the seller has materially changed the item’s description after a purchase has been confirmed; there is a clear typographical error in the listings; Buyer fails to comply with the posted terms in their posted listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other user’s listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the rating system (see about our rating policies);Buyer is unable cannot contact the seller (see our Unpaid item policy); buyer/seller ‘s interference or delays affecting the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; buyer/seller’s export or re-export of any HVAC NATION application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to HVAC NATION. Seller failed to deliver items sold unless an exception has been met in accordance with HVAC NATION policies and procedures.
Some, but not all, actions of buyer/seller such as reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to HVAC NATION or someone else may constitute infringement; infringement of any Intellectual Property Rights that belong to third parties affected by your direct or indirect use of the hvacnation.com services or post content that does not belongs to you; commercialize any HVAC NATION application or any information or software associated with such application, except with the prior express permission of HVAC NATION; harvest or otherwise collect information about any users within the hvacnation.com marketplace without their consent; or circumvent any technical measures set forth by hvacnation.com provided as services for the marketplace.
- Sellers & Buyers Ratings
Sellers must meet HVAC NATION’s performance criteria. Failure to meet these standards may result in HVAC NATION limiting, restricting, suspending, or downgrading your seller account. HVAC NATION reserves the right to limit use of Seller’s account if it violates hvacnation.com polices for use other than its intended use of the market place website (hvacnation.com) and furthermore, hvacnation.com reserves the right to seek additional remedies beyond suspension, such as: terminate the user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. hvacnation.com may cancel unconfirmed accounts or accounts that have been inactive for a more than sixty (60) days time or modify or discontinue use of the website marketplace services. Sellers may contact hvacnation.com regarding a problem with a transaction with buyer by emailing _______________ and including the buyer’s account # and the item. hvacnation .com will respond within 48 hours of receipt of email or Sellers can see the description of rights against Sellers in the usage section of the website. (Buyers recourse)
Buyers must meet HVAC NATION’s performance criteria. A buyer can provide for a detailed explanation of their experience with Seller up to 60 days after completion of the transaction. Buyers can use the Star (I think here you may want to use something different like a fan/cooler/blower ) system to detail their experience with Seller and leave a general positive, negative or neutral feedback about the transaction along with their rating. Buyers may contact hvacnation.com regarding a problem with a transaction with Seller by emailing _______________ and including the Seller’s account # and the item.
hvacnation .com will respond within 48 hours of receipt of email or Buyers can see the description of rights against Sellers in the usage section of the website. (Buyers recourse)
- Rating System
The Seller’s rating system is based on a 1- to 5- scale. 5 stars is the highest rating, and 1 star is the lowest. Detailed seller ratings are included in the Seller’s website unless removed through a resolution between seller and buyer. Feedback score, and seller ratings are included in the seller marketplace store front for future buyers. Actions that may affect a seller’s rating include but are not limited to: not properly describing an item; not shipping the item on time; shipping a defective item; failure to resolve a dispute; posting disparaging remarks against buyers and any other additional issues as determined by hvacnation.com
The Buyer’s rating system is based on a 1- to 5- scale. 5 stars is the highest rating, and 1 star is the lowest. Detailed buyer ratings are included in the buyer’s profile unless removed through a resolution between seller and buyer. Feedback score, and buyer ratings are included in the marketplace profile for future sellers to see. Actions that may affect a buyer’s rating include but are not limited to: buyer’s failed to pay on time; buyer purchased item and cancelled purchase without reason; buyer posted disparaging remarks about Sellers and any other additional issues as determined by hvacnation.com. Seller has the right to refuse to sell to any buyer.
Rating for buyers and seller are calculated on a rolling 12-month basis and appear only when a seller or buyer has received at least 5 ratings. If a seller hasn’t received at least 5 ratings in a category, the average rating won’t appear. If buyer has not make received more than 5 ratings in any purchase, the average rating won’t appear.
We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
hvacnation.com’s fees are incorporated into this agreement for use of the marketplace to post content, sell, buy and maintenance of the site its features, products, services or licenses. You are responsible for any fees applicable to your account for the sale of items or other features, products, services or licenses you purchase or that are purchased through your account. You agree to create, maintain and have a PayPal (Nasdaq: PYPL) account and authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees in accordance with the Paypal payment services. Hvacnation.com uses Paypal.com and all its features and payment process including the PayPal platform, Braintree, Venmo and Xoom, which enables users and merchants to receive money in more than 100 currencies, withdraw funds in 56 currencies and hold balances in their PayPal accounts in 25 currencies. In association with your fees, you agree to uphold PayPal’s refund and asset protection system based on hvacnation.com’s policies regarding returns, refunds and cancellations which are currently set as a three (3) day review process upon which we will confirm that a sale is completed through the website. Once the funds are transferred through PayPal into the seller account hvacantion.com reserves the right to retrieve, refund, freeze or temporarily hold the funds in collaboration with Paypal. You agree to a fee based on a percentage of the total sale price of the item to be automatically withdrawn from paypal.com from hvacnation.com
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
Disclaimer of Warranties; Limitation of Liability and Legal Disputes
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT). THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS
LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
- Limitation of Liability
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Legal Disputes
You acknowledge and agree that any violation or breach of these TERMS may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TERMS or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TERMS. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TERMS, including but not limited to by preliminary or permanent injunction.
Release of Information
XII. Copyright Policy
In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
XIII. Copyright, Trademark and Patent Notices
Except as otherwise expressly provided, all contents of our sites and services are copyrighted. All rights reserved. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, “our marks”). These TERMS do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us. One or more patents owned by us apply to our sites and services and to the features and services accessible via our sites and services.
XIV. Reservation of Rights in our sites and services
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
- Entire Agreement
These TERMS (along with any documents linked to in these TERMS) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TERMS), there are no third-party beneficiaries to these TERMS. If any provision of these TERMS is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TERMS will remain in full force and effect.
XVI. Governing Law; Forum
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TERMS, our sites and services or content accessed through our sites and services will be governed by the laws of the State of Florida, without regard to conflict or choice of law principles.
You agree that any claims, causes of action or disputes not subject to Section 14 (Dispute Resolution;) will be brought exclusively in courts located within the county of Miami Dade, Florida, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.
All claims not subject to Section 14 (Dispute Resolution;) that you bring against us must be resolved in accordance with Section 14. All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys. fees and costs if we prevail.
XVII. Electronic Communications
When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XVIII. Electronic Contracting
Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
XIX. Termination; No Assignment
You may terminate your account and/or stop using our sites and services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our sites and services for any reason, including, without limitation, violation of these TERMS and/or if we have a reasonable ground to suspect that you have violated these TERMS. These TERMS and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TERMS.
You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.
Any failure by us to enforce or exercise any provision of these TERMS, or any related right, will not constitute a waiver of that provision or right.
XXII. Dispute Resolution
We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any legal proceeding, you agree to first discuss the matter informally with us for at least 30 days via email to _____________. Please send your full name and contact information, your concern and your proposed solution by mail to us at: Legal Department, c/o Law Office of Ray Garcia, P.A., 14850 SW 26th Street, Suite 204, Miami, Florida 33185.
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these TERMS of our sites and services will be resolved through Non-Binding Mediation administered by JAMS. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any mediation within one year after your claim arose; otherwise, your claim is waived. As an exception to this mediation agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis. We prefer to resolve our issues with you directly and, accordingly, you agree to mediate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be mediated on a class-action basis or brought by a purported class representative. You agree that mediation will be exclusively held in Miami-Dade County, Florida and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and mediation fees in accordance with JAMS rules. In order to select a mediator, each party agrees to provide a list of two available mediators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select a mediator out of the remaining two mediator’s names. If the parties cannot mutually agree on one mediator, JAMS will choose the mediator randomly from the two remaining mediators. If you’re not sure what all of this means, of course please feel free to ask an attorney.
What information do we collect?
- Use of Computer Information
We gather information when you use our Services. This information consists of your computer’s Internet Protocol (IP) address, operating system and browser type, we may also collect the address of a referring website or a websites to which you exit. We may also the date and time you access or use our Services, items you click on, pages you view and the amount of time you spend on any particular page.
- Personal information
We collect and store Personal Information that you provide to us when accessing or using the Services. “Personal Information” means information with a person who is or can be identified directly from that information. This includes your name, address, telephone number, email address, credit card or other account number. Personal Information does not include: (1) publicly available information about users; (2) information about you that is provided by third parties; or (3) information that is posted on your websites or on www.hvacnation.com’s publicly accessible areas of the Services. Examples of Personal Information we collect include information that you provide when you (a) create or update your www.hvacnation.com account, (b) purchases of services from our marketplace, (d) links and other postings in the comment section, (e) submission client ratings or endorsements submitted. If you are a third party vendor, corporation, or looking for a corporation or searching for a hvac corporation or hvac service professional and claim or update your profile (“Profile“), or post information using your Profile, we may also collect verification information.
- Tracking Technology
We maintain tracking technologies. We also collect certain information (automatically) through the use of “cookies” and similar tracking technologies. Cookies are small data files that are stored on a user’s computer or device at the request of a website to enable the website to recognize previous visitors and retain information such as user preferences and history. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions to learn about these functions. However, if your browser is set to not accept cookies or if you reject a certain cookie, you may have difficulties in accessing or signing in to www.hvacnation.com account or use certain parts of our Services.
We may also use third parties to display and target ads, provide certain functions (such as maps), or to place third party cookies and other tracking technologies to collect, track and analyze usage and statistical information from our users. We are not responsible for the information collection practices of any third parties.
- Publicly posted Information
Personal Information that you post to public areas of www.faceetax.com or via your Profile may become publicly available and is no longer considered Personal Information. Your posting to such public areas of the Services constitutes consent to share such information publicly, and you should assume that such information will be widely disseminated, including via search engines and other tools to locate information online of which we are not responsible. (e.g., internet archive).
How we use the information we collect
- Non-personal information
We use information other than Personal Information, including aggregated or anonymized information, for ad targeting, to analyze work flow, provide our Services, improve our services, diagnose technological or operating issues, track user’s use and flow, and gather demographic information for aggregate use. Third party advertising platforms may use this information for a similar purpose, but you should contact the third parties and confirm their information collection and use practice directly as we are not responsible for any third party use. We may freely publish, disclose and use information other than Personal Information, including aggregated or anonym Personal Information, to or with third parties.
- Personal information
We use Personal Information to assist you in your use of our Services, to process your requests or transactions, to provide you with information, products and services that you request, to administer and assist us with the operation of our business, and for the purpose for which the information was provided. We may use the information we collect to send you news relevant to you or in accordance with your preferences. We may also send you advertisements from third parties. We do not disclose, rent, sell or otherwise make available your Personal Information to third parties for direct marketing purposes.
- Text Messages
- Other Service providers
In the event that we engage with third party service providers in connection with our Services, we may share Personal Information with such service providers who require access to such information to carry out their work for us. For example, we may use credit card processing or verification companies to verify credit card information or to verify your identity. Other than such service providers, we do not share Personal Information with third parties unless (1) you have advised us that you desire to obtain information from such parties; (2) you otherwise give us your approval to do so; or (3) in response to a request for information or a subpoena.
- Managing online advertising preferences
We respect all browser instructions for setting or rejecting cookies on generally available browsers. This is one way to manage your preferences regarding the collection of information by www.hvacnation.com. While www.hvacnation.com will follow any such preferences, we make no representations regarding whether third parties, including third party ad platforms, will do so.
- Opt-out and handling of newsletter/communications preferences
You may select whether or not you wish to continue to receive newsletters or other communications by contacting us and advising us of such. From time to time we will provide different methods in which you can opt out of communications and newsletters. We provide unsubscribe instructions or unsubscribe links within the emails we send that you may use to unsubscribe. Please note, however, that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from www.hvacnation.com .
- Exemption to disclosure of personal information
We may disclose Personal Information when we are required to or we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; to protect our users from fraudulent, abusive, or unlawful use of the Services; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires or justifies disclosure of Personal Information.
- Updating your listing information and public posts
You can correct certain information by logging into your account and changing the information, and you may also delete certain information by closing your account. In addition, corporations and other customers may change certain information contained in their Profile by editing the information contained therein, or by sending us an email.
Please note that in certain circumstances, we may not, or may not be able to, remove or change certain information, even in the event an account is closed. For example, we may retain and continue to display any information you provided in connection with a question, answer, endorsement or client review.
- Security measures
www.hvacnation.com endeavors to secure your Personal Information from unauthorized access, use or disclosure by putting into place reasonable physical, electronic and managerial procedures to safeguard the information we collect. Additionally, your account information is accessible online only through the use of a password. No security measures are perfect or impenetrable. To protect the confidentiality of your Personal Information, you must keep your password confidential and not disclose it to any other person. You are responsible for all use of the Services by any person using your password. Please advise us immediately by emailing us if you believe your password has been misused. You should also note that email is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.
- Third party websites and practices
- Transfers of information
Information about our customers, including Personal Information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information could be transferred to third parties as one of Www.hvacnation.com ‘s business assets. In such an event, we will attempt to notify you before your Personal Information is transferred, but you may not have the right to opt out of any such transfer.
- Changes to the policy
We may change the provisions of this Policy at any time, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to this Policy materially affects your rights, we will notify you. If you have any questions or comments about this Policy or the practices relating to our Services, or you wish to verify, correct or delete any Personal Information we have collected, please contact us at: