1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
3. Changes to Terms or Services
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Browns Heating, Cooling, and Plumbing and are not barred from using the Services under applicable law.
5. Content Ownership and License
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Browns Heating, Cooling, and Plumbing and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Subject to your compliance with these Terms, Browns Heating, Cooling, and Plumbinggrants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
6. General Prohibitions and Browns Heating, Cooling, and Plumbing’s Enforcement Rights.
You agree not to do any of the following:
(a) Use, display, mirror or frame the Services or any individual element within the Services, Browns Heating, Cooling, and Plumbing’s name, any Browns Heating, Cooling, and Plumbing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Browns Heating, Cooling, and Plumbing’s express written consent;
(b) Access, tamper with, or use non-public areas of the Services, Browns Heating, Cooling, and Plumbing’s computer systems, or the technical delivery systems of Browns Heating, Cooling, and Plumbing’s providers;
(c) Attempt to probe, scan or test the vulnerability of any Browns Heating, Cooling, and Plumbing system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Browns Heating, Cooling, and Plumbing or any ofBrowns Heating, Cooling, and Plumbing’s providers or any other third party (including another user) to protect the Services or Content;
(e) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Browns Heating, Cooling, and Plumbing or other generally available third-party web browsers;
(f) Use any meta tags or other hidden text or metadata utilizing a Browns Heating, Cooling, and Plumbing trademark, logo URL or product name without Browns Heating, Cooling, and Plumbing’s express written consent;
(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(i) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(j) Impersonate or misrepresent your affiliation with any person or entity;
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
7. Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services, all provisions of these Terms which by their nature should survive will survive.
9. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
10. Limitation of Liability
(a) NEITHER BROWNS HEATING, COOLING, AND PLUMBING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BROWNS HEATING, COOLING, OR PLUMBING OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL BROWNS HEATING, COOLING, AND PLUMBING’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIFTY DOLLARS ($50).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BROWN’S HEATING, COOLING, AND PLUMBING AND YOU.
11. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the laws of the State of New Jersey, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes between you and Browns Heating, Cooling, and Plumbing will be the state and federal courts located in New Jersey, and you and Browns Heating, Cooling, and Plumbing each waive any objection to jurisdiction and venue in such courts.
12. General Terms
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Browns Heating, Cooling, and Plumbing and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Browns Heating, Cooling, and Plumbing and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Browns Heating, Cooling, and Plumbing’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Browns Heating, Cooling, and Plumbing may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Browns Heating, Cooling, and Plumbing under these Terms, including those regarding modifications to these Terms, will be given:
- (i) via email; or
- (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Browns Heating, Cooling, and Plumbing’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Browns Heating, Cooling, and Plumbing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13. Contact Information.
If you have any questions about these Terms or the Services, please contact Browns Heating, Cooling, and Plumbing at [email protected].