1. LICENSE. The contents of our Site, including its “look and feel,” text, graphics, images, logos, products, button icons, editorial content, notices, software (including HTML or XML-based computer programs) and all other elements of the Site, are, to the fullest extent permissible, protected under both United States and foreign copyright, trademark, and other laws. These contents belong or are licensed to the Company. We hereby grant you the right to view and use our Site subject to these Terms. You may download or print a copy of information provided in the Site for internal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. Nothing contained in these Terms, nor your use of the Site, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. We reserve all rights not expressly granted in these Terms.
2. USER CONDUCT. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Company, the Site or any content therein. You agree not to add to, subtract from, or otherwise modify the Site or any content therein, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to post malicious or defamatory comments on the Site for any reason with respect to any person or topic.
4. UNSOLICITED IDEAS; FEEDBACK. The Company does not accept, welcome or consider unsolicited ideas relating to its products, technologies, services, processes or materials. Please do not send your unsolicited ideas to anyone at the Company. If, however, you still send us your ideas, then regardless of any statement to the contrary, your idea(s) will automatically become the property of the Company, without any compensation to you or obligation of confidentiality on our part and we may use your idea(s) for any purpose whatsoever, including giving your idea(s) to others. Notwithstanding the foregoing, we welcome feedback regarding many areas of our business. If you provide such feedback, you agree and acknowledge, without compensation, that such feedback shall be exclusively owned by the Company and may be used by us without restriction.
5. INDEMNIFICATION. By accessing or using the Site, you agree to indemnify, save, and hold harmless the Company, its contractors, agents, third-party suppliers, licensors, and partners from any and all claims, losses, damages, liabilities, expenses, including reasonable attorneys’ fees, arising out of or from your use or misuse of or connection to the Site, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein, or arising out of the content you download, upload, e-mail, submit, post, or transmit to or from the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will immediately notify us of any such claim, action, or proceeding upon becoming aware of it.
7. COPYRIGHTS. The copyright in all material provided on this Site, including, but not limited to, text, graphics, visual interfaces, design, images, audio or video clips, photographs or other materials, is held by the Company or by the original creator of the material. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner; provided, however, that permission is granted to display and download the materials on this Site for personal, non-commercial use only so long as the materials are not modified and all copyright and other proprietary notices contained in the materials are retained.
8. TRADEMARKS. The trademarks, service marks, trade dress and logos (the “Trademarks”), used and displayed on this Site are registered and unregistered Trademarks of the Company and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The name “ADDISON HVAC” or the name of any affiliates or products or any logo may not be used in any way without prior written permission. You may not “frame” or “link” to the Site, or use any of the Trademarks as metatags or “hidden text” without our prior written consent. The Company prohibits use of our name or logo as a “hot” link to any Company site or any associated domain unless establishment of such a link is approved in advance by the Company in writing.
9. WARRANTIES. THE MATERIALS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE MATERIALS OR PRODUCTS ARE ERROR-FREE, THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND YOU ASSUME THE ENTIRE COST OF ANY LOSS INCLUDING NECESSARY COMPUTER SERVICING AND REPAIRS. THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SITE IN ANY TERMS INCLUDING ITS CORRECTNESS, ACCURACY, PERFORMANCE, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE IS ASSUMED BY YOU. THIS SITE IS MERELY A TOOL TO AID YOU, THE RESULTS OF WHICH ARE DEPENDENT UPON AND SHOULD BE CHECKED AGAINST YOUR OWN CALCULATIONS.
10. PRODUCT WARRANTIES AND TERMS AND CONDITIONS OF SALE. ANY PRODUCT OR SERVICE DISPLAYED ON THE SITE IS SUBJECT TO THE TERMS OF OUR WRITTEN WARRANTY AND/OR OUR WRITTEN TERMS AND CONDITIONS FOR SALES PROVIDED WITH SUCH PRODUCT OR SERVICE. IN ANY CASE, ANY TERMS OR CONDITIONS DIFFERENT FROM OR ADDITIONAL TO OUR TERMS AND CONDITIONS FOR SALES CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT YOU MAY SEND TO US ARE REJECTED. OUR PRODUCTS ARE NOT INTENDED FOR RESIDENTIAL USE.
11. DISCLAIMER. ANY STATEMENTS ON THE SITE ARE SOLELY THE OPINION OF THE COMPANY. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY OF ANY SUCH STATEMENTS. RESULTS MAY VARY WHEN USING ANY PRODUCT OFFERED ON THE SITE AND THE COMPANY DOES NOT GUARANTEE ANY RESULTS IN CONNECTION WITH THE USE OF A PRODUCT.
12. LIABILITY; NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF (A) THE USE, OR THE INABILITY TO USE, THE SITE, ANY CONTENT THEREIN, OR THE PRODUCTS OFFERED ON THE SITE, (B) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY CONTENT THEREIN, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (E) ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT THEREIN, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT THEREIN, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN ANY STATE THAT DOES NOT ALLOW FOR OR LIMITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. AMENDMENTS. The Company reserves the right to change any and all content contained on the Site at any time without notice. The Company may at any time revise these Terms by updating this posting. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.
14. GOVERNING LAW; FORUM. Any claim relating to the Site or the use of this Site and the materials contained herein is governed by the laws of the State of New York, without regard to conflict of law provisions, and you irrevocably agree that any action arising under these Terms, the Site or your use of the Site must be brought exclusively in the State of New York and that venue shall be in the federal and state courts sitting in Erie County. THESE TERMS SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALES OF GOODS.
15. VALIDITY AND ENFORCEABILITY. If any provision of these Terms shall be deemed by a court of competent jurisdiction invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
16. ASSIGNMENT. The Company shall have the right, at any time, to assign any of its rights and obligations under these Terms to a third party or affiliate.
17. MISCELLANEOUS. These Terms, as may be modified from time to time, constitute the entire agreement between you and the Company and govern your use of the Site. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect.
18. CONTACTING US. To inquire about our Site or about trademark or copyright matters or if you have any questions or concerns about these Terms, please contact us at [email protected]