This Website and HVACitywide's services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any HVACitywide services or properties such as websites or apps owned and operated by HVACitywide and collectively referred to herein as "HVACitywide," on which a link to these Terms and Conditions appears. If you have any questions regarding these Terms and Conditions, you may contact us at www.HVACitywide.com. We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions. These Terms and Conditions were last updated on March 31, 2015.
Introduction to HVACitywide
Upon registration, you may choose your own password or HVACitywidewill assign you a password to access the HVACitywide services through the HVACitywide website or apps.
Your use of the HVACitywide services and prohibited uses
You acknowledge and agree that your use of HVACitywide is for your personal use and not for advertising purposes. You may not use HVACitywide to recreate or compete with HVACitywide, for solicitation or harassment, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HVACitywide for any such damages, and will indemnify HVACitywide in the event of any third party claims against HVACitywide based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HVACitywide products or properties at any time. If it is determined or suspected by HVACitywide in its sole discretion that you are misusing or attempting to misuse or circumvent the HVACitywide services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, HVACitywide reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Information you provide to us
Upon using HVACitywide, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as services records, on our website or apps. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HVACitywide and its partners and thus agree to be contacted by HVACitywide and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HVACitywide has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HVACitywide has the right to refuse any current or future use of the HVACitywide services (or any portion thereof) by you. You are responsible for any use of the HVACitywide services by persons to whom you intentionally or negligently allow access to your password.
To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to HVACitywide and it's service professional partners, and to consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a service request, including but limited to someone else's name, email address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to HVACitywide and each HVACitywide service provider who accepts such service requests, for the greater of: (1) a minimum amount of $11,000 to each of HVACitywide and each of the affected service professionals and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e-mail address or phone number, etc.), per improper submission, plus any attorneys fees costs and expense relating thereof, if applicable, or (2) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cots and expenses relating thereto, whichever is greater.
You acknowledge and agree that HVACitywide may monitor and/or record any telephone calls between you and HVACitywide.
User generated content
You agree that all of the content and information posted by you or your agents or designees on HVACitywide, including but not limited to:
- Ratings & Reviews
- Photographs or Images
- Comments, Questions and/or Answers
- Any other content
- (known collectively as "Content") is the sole and exclusive property of HVACitywide, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorise us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License. You hereby grant HVACitywide and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HVACitywide and apps in any manner that we deem appropriate or necessary.
Representation of Ownership and Right to Use Content. By posting or providing any Content to HVACitywide, you represent and warrant to HVACitywide that you own or have all necessary rights to use the Content, and grant to HVACitywide the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. HVACitywide reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HVACitywide owned or operated websites or apps if HVACitywide determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HVACitywide.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
Notice specific to documents and information available on this website
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HVACitywide server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HVACitywide. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HVACitywide or apps or any other HVACitywide owned, operated, licensed or controlled site. Elements of the HVACitywide or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HVACitywide web Site may be copied or retransmitted unless expressly permitted by HVACitywide.
HVACitywide and/or its respective suppliers make no representations or warranties about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. HVACitywide and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The documents and related graphics published on the HVACitywide web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. HVACitywide and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
HVACitywide provides certain content relating to HVAC, repair, maintenance ("Articles"), on the HVACitywide or apps, and via mobile applications owned and operated by HVACitywide. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
Links to third party sites
The links in the HVACitywide or apps will let you leave HVACitywide's Web site. The linked sites are not under the control of HVACitywide and HVACitywide is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HVACitywide is not responsible for webcasting or any other form of transmission received from any linked site. HVACitywide is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HVACitywide of the site.
You agree to indemnify HVACitywide, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the HVACitywide services, in connection with the HVACitywide web site, with regard to any dispute between you and a service professional, or your violation of these terms and conditions, or arising from your violation of any rights of a third party.
You acknowledge and agree that the HVACitywide services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HVACitywide's sole obligation to you or any third party for any claim arising out of your use of the HVACitywide services or the HVACitywide or apps, is that you are free to discontinue your use of the HVACitywide services or the HVACitywide or apps at any time. Except as expressly set forth herein, HVACitywide expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that HVACitywide shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if HVACitywide has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you. The Terms and Conditions will inure to the benefit of HVACitywide's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HVACitywide to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HVACitywide services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely in the State of New York and between New York residents. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Queens County, New York. These Terms and Conditions constitute the entire agreement between you and HVACitywide and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.