T e r m s   o f   S e r v i c e

HVACandWater.com is an online resource ("Site") for people interested in learning about heating, cooling, and air and water products. These Terms of Service govern your access to and use of the Site and represents a legal agreement between you and the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access the Site. It is your responsibility to regularly check if there have been changes to these Terms of Service and to review such changes.

Disallowed Activities
Without limitation, you agree that you will not do any of the following: Use the Site for any commercial purpose whatsoever without the advance written approval of the Site's owners; Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site Content; Use any meta tags or other hidden text or metadata utilizing a Site name, trademark, URL or product name; in any way use the Site to send altered, deceptive or false source-identifying information; interfere with the access of any Site User, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site; Interfere with or disrupt any web pages available on the Site, servers or networks connected to the Site or the technical delivery systems of the Site's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site; Breach or impair or circumvent any security or authentication measures protecting the Site; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; Collect or store personal data about other Site Users without their express permission; Use the Site in any manner not permitted by this Agreement; or Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

Copyright and Intellectual Property
Content posted on the Site by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our written permission.

Usage
The Site may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Site is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will the Site be responsible for any loss or damage, including any loss or damage resulting from anyone's use of the Site, any software posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline. The Site disclaims any and all representations, guarantees, and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Site does not represent or warrant that software, content or materials made available, or the service or any platform applications are accurate, complete, reliable, current or error-free or that the Site, its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Site and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. We reserve the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Site. 

Limitation on Liability
In no event will the Site, its directors, employees or agents, be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site, any platforms, applications or any of the Site content or other materials on, accessed through or downloaded from the Site, even if we are aware of or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Site's owners' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the owners of the Site, but in no case will the Site owners' liability to you exceed $100. You acknowledge that if no fees are paid to the Site for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Site's owners, regardless of the cause of action.

Indemnity
You agree to indemnify and hold the Site, its owners, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party. 

Dispute Resolution 
The Site's owners may demand that any dispute with you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA). To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any artbitration or claim involving any other current or former User of the Site, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than three (3) years after the cause of action arose. 

Other 
These Terms of Use constitute the entire agreement between you and the Site's owners regarding the use of the Site, superseding any prior agreements. The failure of the Site's owners to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.




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