Terms and Conditions
We reserve the right at any time, with or without cause, to:
• change the terms and conditions of this Agreement;
• change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or
• deny or terminate your use of and/or access to the Website.
• Any change(s) we make will be effective immediately upon our making such change(s) available on the web site or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the web site thereafter constitutes your acceptance of such change(s).
This web site is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this web site if you a minor.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.
When you use Premiers web site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. 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.
Currency and Accuracy of Information
Although we makes reasonable efforts to ensure that the information provided through the Site is current and accurate, Premier Heating and Cooling makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
Certain documents and other materials on the Site, including presentations and documents filed by Premier Heating and Cooling with regulatory authorities of selected jurisdictions and listed and/or linked to the Site, speak only as of the dates on which such documents and materials were filed or otherwise used by Premier Heating and Cooling. The contents of such documents or materials may become out-of-date, however, Premier Hearing and Cooling makes no commitment and disclaims any duty to update those documents and materials
Intellectual Property Rights
Other than content you own, which you may have opted to include on this web site, under these Terms, Premier Heating and Cooling owns all rights to the intellectual property and material contained in this web site, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Web site for making purchasing decisions and understanding the products and programs available to you through our manufacturer partners.
You may use the Site for lawful purposes only. You agree not to use the Information, Services or the Website to take any action(s) that:
• are contrary to Premier Heating and Cooling’s’ public image, goodwill, reputation or otherwise not in furtherance of our Mission;
• infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
• violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
• are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
• transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
• restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
• remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
• sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever;
• “frame” or “mirror” any part of the Website without our prior written authorization;
• distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
• interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Pixel or its licensors or suppliers;
• involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
• execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or
• harvest or collect information about Website visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
Certain areas of this web site are restricted from access by you and Premier Heating and Cooling may further restrict access by you to any areas of this web site, at any time, in its sole and absolute discretion. Any user ID and password you may have for this web site are confidential and you must maintain confidentiality of such information.
Disclaimer of Liability
The Site contains general information and may contain errors, omissions and inaccuracies. Premier Heating and Cooling LLC assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to the Site. The Site content should not be relied upon for any personal, commercial or financial matters and you should consult an appropriate professional for advice based on your specific circumstances. Premier Heating and Cooling may make modifications and/or changes to the Site at any time without notice.
THE SITE IS PROVIDED “AS IS ” AND “AS AVAILABLE” AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. PREMIER HEATING AND COOLING LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. ALL SUCH INFORMATION IS PROVIDED WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PREMIER HEATING AND COOLING LLC MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE SITE CONTENT, THE ACCURACY OF THE SITE CONTENT, OR THAT THE SITE CONTENT IS VIRUS-FREE.
THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. PREMIER HEATING AND COOLING LLC DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE
. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you.
PREMIER HEATING AND COOLING LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER INFORMATION ACCESSIBLE FROM THE SITE INCLUDING AVAILABLE FROM ANY LINKS.
IN NO EVENT SHALL PREMIER HEATING AND COOLING LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, SITE OR THE INTERNET GENERALLY.
IN ALL OTHER CIRCUMSTANCES, PREMIER HEATING AND COOLONGS’ AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF $10.00 (USD).
You hereby indemnify to the fullest extent Premier Heating and Cooling from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Premier Heating and Cooling shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
References and Links to Third Party Sites
The Site may refer to other individuals, companies, entities, organizations, products or services. Such references do not and shall not imply any endorsement or recommendation by Premier Heating and Cooling of such individuals, companies, entities or organizations or their products or services. The Site may contain links and other references (collectively the “Links”) to other websites. These Links are supplied to you merely as a convenience and the inclusion of any Link does not imply any approval or endorsement or recommendation of that third party or their related information, products or services or any link contained in a Linked site, or any changes or updates to a Linked site. The Premier Heating and Cooling is providing these Links as a convenience, and the inclusion of any link does not imply endorsement.
Links to this Site may also be provided from other sites either known or unknown to Premier Heating and Cooling. Access to any other website linked to or from the Site is at your own risk. Premier Heating and Cooling has not reviewed and is not responsible for the content of any third party sites linked to or from the Site and does not make any representations regarding the content or accuracy of materials on such third party sites.
You accept all risks, losses and damages that result from your use of the forgoing referenced entities, products, services and Links
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.
This agreement constitutes the entire understanding and agreement between you and Premeir Heating and Cooling LLC with respect to the Site and your use of same.
By Email: email@example.com
By Mail: Premier Heating And Cooling
255 Park Ave, Suite 1000
Worcester MA, 01609