These web site Standard Terms and Conditions (these “Terms” or these “Web Site Standard Terms and Conditions”) contained herein on this web page, shall govern your use of this web site, including all pages within this website (collectively referred to herein below as this “web site”). These Terms apply in full force and effect to your use of this web site and by using this web site, you expressly accept all terms and conditions contained herein in full. You must not use this web site if you have any objection to any of these web site Standard 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.
When you use HVAC Distributors 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.
Intellectual Property Rights.
Other than content you own, which you may have opted to include on this web site, under these Terms, HVAC Distributors 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 agree not to use the Information, Services or the Website to take any action(s) that:
- are contrary to HVAC Distributors’ 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 HVAC Distributors 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.
This Web site is provided “as is,” with all faults, and HVAC Distributors makes no express or implied representations or warranties, of any kind related to this Web site or the materials contained on this Web site. Additionally, nothing contained on this Web site shall be construed as providing consult or advice to you.
Limitation of liability.
In no event shall HVAC Distributors, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Web site, whether such liability is under contract, tort or otherwise, and HVAC Distributors, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Web site.
You hereby indemnify to the fullest extent HVAC Distributors 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.
Variation of Terms.
HVAC Distributors is permitted to revise these Terms at any time as it sees fit, and by using this Web site you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Web site.
HVAC Distributors 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.
These Terms, including any legal notices and disclaimers contained on this Web site, constitute the entire agreement between HVAC Distributors and you in relation to your use of this Web site, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Pennyslvania for the resolution of any disputes.
If you have any questions, comments or complaints about this Agreement or our Website, please contact us:
2 Old Market Street
Mount Joy PA 17552