Terms of service
TERMS AND CONDITIONS
Welcome to HVACTIME!
HVACTIME is owned and operated by Shamburger Services.
These are the terms and conditions for:
• https://www.hvactimetx.com
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the HVACTIME website, "we", "us", "our" and “HVACTIME” refers to HVACTIME and "you" “customer” and “user" refers to you, the HVACTIME user or customer.
The following terms and conditions apply to the website and services offered by HVACTIME. This includes any version of HVACTIME accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM SANYAHEALING.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of HVACTIME. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
HVACTIME may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing HVACTIME with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
3. ACCOUNT
When purchasing our services and products, users will be able to register and open an account on the website. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify HVACTIME of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. You may never use another user's account without HVACTIME's prior authorization. HVACTIME will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to HVACTIME. HVACTIME reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if HVACTIME believes that you have violated any of the provisions contained in these terms and conditions.
4. CONSULTING SERVICES
HVACTIME will perform analysis, evaluations and recommendations in specific areas according to the customer's needs. HVACTIME and the customer will work together to define the exact scope and objectives of the consultancy.
The consulting services will be invoiced according to the duration of the consultancy. HVACTIME will send the customer itemized invoices, reflecting the time spent and the corresponding fees.
The client shall pay HVACTIME the agreed amount per hour or day of consulting, according to the rates and duration of the consulting included in the respective invoice.
HVACTIME undertakes to perform the services professionally, diligently and in accordance with industry best practices. In addition, it will ensure that all assigned personnel have the necessary training and experience to perform the assigned tasks.
The client agrees to provide all information and resources necessary for HVACTIME to properly perform its services. In addition, it will ensure a safe and collaborative work environment.
Both parties agree to maintain strict confidentiality of all information to which they have access during the performance of the services.
5. SHOPPING ON THE WEBSITE
The products offered for sale on the website consist of digital documents of various kinds, whose characteristics, scope and specifications are detailed in the corresponding description on the website.
By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Please refer to the product specifications before placing an order.
Once the payment has been made, the customer will receive a download or access link to the purchased product, or instructions on how to access it, in the email provided during the purchase process.
Payment will be made through the payment gateways or methods available on the website, which will guarantee the security and confidentiality of the customer's data.
The purchase of products on the website grants the customer a non-exclusive, non-transferable and revocable license for personal or professional use of the product, as specified in the description. Resale, distribution, modification or commercial use of the Products is prohibited without the express written consent of HVACTIME.
Given the digital nature of the products, no returns or refunds will be accepted once the access or download link has been delivered to the customer, except in cases of obvious defects or inconsistencies in the product delivered with respect to its description.
HVACTIME shall not be liable for problems arising from the incompatibility of the products with software, hardware or platforms of the customer, nor for any damages or losses that may arise from improper use of the products..
HVACTIME may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
6. PAYMENTS
Products will be paid through the following payment methods:
• Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)
The user must pay the price of the product stipulated in the order before the product can be downloaded by the user. Payment will be charged to the credit/debit card immediately after the order is placed. Once the transaction has been processed, we will send an electronic receipt of the transaction to the customer's email address. In the case of services, these will be paid according to the invoice of the service sent to the customer and according to the payment methods included in the invoice.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. HVACTIME reserves the right to contract any payment platform available in the market.
7. LIMITATION OF LIABILITY
HVACTIME undertakes to perform consulting services diligently, professionally and in accordance with industry best practices. However, HVACTIME does not guarantee the achievement of specific results or that the advice or recommendations provided will generate specific or certain benefits for the client.
HVACTIME's liability shall be limited solely to the amount of fees paid by the client for the consulting service provided.
HVACTIME guarantees that the digital products (digital documents) are delivered to the customer in the conditions specified in the product description. However, HVACTIME is not responsible for problems arising from the incompatibility of the products with software, hardware or platforms of the customer.
In case of defects or inconsistencies in the purchased digital product, HVACTIME's liability shall be limited to replacement of the product or refund of the amount paid, at the customer's choice.
HVACTIME shall not be liable for indirect, incidental, special or consequential losses or damages or losses resulting from decisions made from consulting or use of the digital products, including, but not limited to, business or investment decisions.
By visiting the website and accessing the content available on the website (Blog), you accept personal responsibility for the results of the use of the information and content available on the website. You agree that HVACTIME does not guarantee the results of actions advised or not advised by this website and the content available on the website. HVACTIME provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond HVACTIME’ control.
8. COPYRIGHT
All materials on HVACTIME, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by HVACTIME or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on HVACTIME are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without HVACTIME prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize HVACTIME or any part of the material for any purpose other than its intended purposes is strictly prohibited.
9. COPYRIGHT INFRINGEMENT
HVACTIME will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). HVACTIME respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that HVACTIME can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
10. PERSONAL DATA
Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.
11. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to HVACTIME or licensed to the HVACTIME by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by HVACTIME in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by HVACTIME.
12. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet HVACTIME provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse HVACTIME for any loss or damage caused as a result.
HVACTIME shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, HVACTIME excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to HVACTIME and HVACTIME shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from HVACTIME.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
13. ELECTRONIC COMMUNICATIONS
HVACTIME will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.
14. INDEMNIFICATION
You agree to defend and indemnify HVACTIME from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the services.
15. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and customers. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
16. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HVACTIME as a result of these terms or your use of the services.
17. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by HVACTIME, shall constitute the entire agreement between you and HVACTIME concerning and governs your use of the website and the services.
18. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and HVACTIME, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, specifically the courts located in the State of (Insert State), shall have jurisdiction over any dispute, controversy or claim relating to HVACTIME and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Insert State).
19. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. HVACTIME is fully compliant with CPSA and CPSIA regulations regarding consumer protection and personal data of our users and consumers. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
20. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
HVACTIME.
Email: hvactime@hvactimetx.com
Welcome to HVACTIME!
HVACTIME is owned and operated by Shamburger Services.
These are the terms and conditions for:
• https://www.hvactimetx.com
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the HVACTIME website, "we", "us", "our" and “HVACTIME” refers to HVACTIME and "you" “customer” and “user" refers to you, the HVACTIME user or customer.
The following terms and conditions apply to the website and services offered by HVACTIME. This includes any version of HVACTIME accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM SANYAHEALING.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of HVACTIME. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
HVACTIME may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing HVACTIME with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
3. ACCOUNT
When purchasing our services and products, users will be able to register and open an account on the website. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify HVACTIME of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. You may never use another user's account without HVACTIME's prior authorization. HVACTIME will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to HVACTIME. HVACTIME reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if HVACTIME believes that you have violated any of the provisions contained in these terms and conditions.
4. CONSULTING SERVICES
HVACTIME will perform analysis, evaluations and recommendations in specific areas according to the customer's needs. HVACTIME and the customer will work together to define the exact scope and objectives of the consultancy.
The consulting services will be invoiced according to the duration of the consultancy. HVACTIME will send the customer itemized invoices, reflecting the time spent and the corresponding fees.
The client shall pay HVACTIME the agreed amount per hour or day of consulting, according to the rates and duration of the consulting included in the respective invoice.
HVACTIME undertakes to perform the services professionally, diligently and in accordance with industry best practices. In addition, it will ensure that all assigned personnel have the necessary training and experience to perform the assigned tasks.
The client agrees to provide all information and resources necessary for HVACTIME to properly perform its services. In addition, it will ensure a safe and collaborative work environment.
Both parties agree to maintain strict confidentiality of all information to which they have access during the performance of the services.
5. SHOPPING ON THE WEBSITE
The products offered for sale on the website consist of digital documents of various kinds, whose characteristics, scope and specifications are detailed in the corresponding description on the website.
By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Please refer to the product specifications before placing an order.
Once the payment has been made, the customer will receive a download or access link to the purchased product, or instructions on how to access it, in the email provided during the purchase process.
Payment will be made through the payment gateways or methods available on the website, which will guarantee the security and confidentiality of the customer's data.
The purchase of products on the website grants the customer a non-exclusive, non-transferable and revocable license for personal or professional use of the product, as specified in the description. Resale, distribution, modification or commercial use of the Products is prohibited without the express written consent of HVACTIME.
Given the digital nature of the products, no returns or refunds will be accepted once the access or download link has been delivered to the customer, except in cases of obvious defects or inconsistencies in the product delivered with respect to its description.
HVACTIME shall not be liable for problems arising from the incompatibility of the products with software, hardware or platforms of the customer, nor for any damages or losses that may arise from improper use of the products..
HVACTIME may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
6. PAYMENTS
Products will be paid through the following payment methods:
• Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)
The user must pay the price of the product stipulated in the order before the product can be downloaded by the user. Payment will be charged to the credit/debit card immediately after the order is placed. Once the transaction has been processed, we will send an electronic receipt of the transaction to the customer's email address. In the case of services, these will be paid according to the invoice of the service sent to the customer and according to the payment methods included in the invoice.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. HVACTIME reserves the right to contract any payment platform available in the market.
7. LIMITATION OF LIABILITY
HVACTIME undertakes to perform consulting services diligently, professionally and in accordance with industry best practices. However, HVACTIME does not guarantee the achievement of specific results or that the advice or recommendations provided will generate specific or certain benefits for the client.
HVACTIME's liability shall be limited solely to the amount of fees paid by the client for the consulting service provided.
HVACTIME guarantees that the digital products (digital documents) are delivered to the customer in the conditions specified in the product description. However, HVACTIME is not responsible for problems arising from the incompatibility of the products with software, hardware or platforms of the customer.
In case of defects or inconsistencies in the purchased digital product, HVACTIME's liability shall be limited to replacement of the product or refund of the amount paid, at the customer's choice.
HVACTIME shall not be liable for indirect, incidental, special or consequential losses or damages or losses resulting from decisions made from consulting or use of the digital products, including, but not limited to, business or investment decisions.
By visiting the website and accessing the content available on the website (Blog), you accept personal responsibility for the results of the use of the information and content available on the website. You agree that HVACTIME does not guarantee the results of actions advised or not advised by this website and the content available on the website. HVACTIME provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond HVACTIME’ control.
8. COPYRIGHT
All materials on HVACTIME, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by HVACTIME or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on HVACTIME are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without HVACTIME prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize HVACTIME or any part of the material for any purpose other than its intended purposes is strictly prohibited.
9. COPYRIGHT INFRINGEMENT
HVACTIME will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). HVACTIME respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that HVACTIME can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
10. PERSONAL DATA
Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.
11. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to HVACTIME or licensed to the HVACTIME by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by HVACTIME in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by HVACTIME.
12. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet HVACTIME provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse HVACTIME for any loss or damage caused as a result.
HVACTIME shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, HVACTIME excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to HVACTIME and HVACTIME shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from HVACTIME.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
13. ELECTRONIC COMMUNICATIONS
HVACTIME will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.
14. INDEMNIFICATION
You agree to defend and indemnify HVACTIME from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the services.
15. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and customers. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
16. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HVACTIME as a result of these terms or your use of the services.
17. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by HVACTIME, shall constitute the entire agreement between you and HVACTIME concerning and governs your use of the website and the services.
18. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and HVACTIME, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, specifically the courts located in the State of (Insert State), shall have jurisdiction over any dispute, controversy or claim relating to HVACTIME and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Insert State).
19. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. HVACTIME is fully compliant with CPSA and CPSIA regulations regarding consumer protection and personal data of our users and consumers. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
20. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
HVACTIME.
Email: hvactime@hvactimetx.com