Terms of use -All Year Cooling

Last updated: July 2020

Thank you for visiting the website of ALL YEAR COOLING AND HEATING, INC., (“ALL YEAR COOLING,” “Company”, “we,” “us” or “our”). “You” and “Your” means you as the user of our Site, as defined below. These Terms of Use (the “Terms” or “Terms of Use”)) govern your use of the websites located at https://allyearcooling.com, https://allyeardirect.com, https://www.allyearduct.com/, or https://allyearrewardsclub.com, including any other media form, text messages, phone calls, social media channel, email and other electronic messages, mobile website, or mobile application related or connected thereto (collectively, the “Site”), or any products or services we offer, or when you communicate with us, where these Terms are posted or linked to and which are owned or operated by ALL YEAR COOLING (collectively, the “Site”). The term “Site” also includes all subdomains of the Site and any content, code, data, services, features or functionality made available from or through the Site.

We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Site. Changes in the Terms of Use will be effective when posted and your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access, register with or otherwise use the Site.

These Terms of Use govern the following:

Your use of the Site (including Your rights to link to the Site) as set out in these terms and conditions (the “Terms of Use”); and
how we will use and protect information about You (see our separate “Privacy Policy”).

Collectively these documents are defined as the “Terms”.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE SITE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Use of the Site

The access to and use of the Site implies your full acceptance and undertaking to abide entirely by these Terms of Use.

You should read all the Terms prior to using the Site. However, please note that we may change our Terms from time to time, therefore we recommend You read the Terms each time You access the Site. The revised Terms will be available via the Site. You will be deemed to have accepted any changes to the Terms after You have been notified of the changes on our Site home page and You continue to access or use the Site.

You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Site for commercial purposes.

Access to our Site is permitted on a temporary basis. We update our Site regularly and so may change the content at any time without notice to You. We reserve the right to withdraw, vary or suspend the service at any time without notice.

You are responsible for making all arrangements necessary to access this Site. You are also responsible for ensuring that all persons accessing our Site through Your internet connection are aware of these Terms and Conditions.

Please note that use of our Site is subject to Your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that Your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Site which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

You agree not to use the Site for fraudulent purposes, and not to perform any conduct that may damage the image, interests and rights of ALL YEAR COOLING or third parties. You also agree not to take any action in order to damage, disable or overburden the Site, or hinder, in any way, the normal use and operation.

We inform You that in the event of breach of the contents of the Terms we reserve the right to limit, suspend or terminate Your access to the Site, taking any technical measures necessary for that purpose.

2. Use License

Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.

In these Terms of Use, Your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Site. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.

Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:

unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any services;
material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.

3. Relationship and Reliance on Information Posted

The materials on this Site are for informational and educational purposes only. Your use of this Site does not create an agency-client relationship between ALL YEAR COOLING and you. The information and materials posted on our Site are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by local law.

4. Copyright Ownership

ALL YEAR COOLING’S Site is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Site for your personal, non-commercial use, but you may not copy any part of the Site for any other purpose, and you may not modify any part of the Site for any reason. Inclusion of any part of the Site in another work, whether in printed, electronic or other form, and inclusion of any part of the Site in another Site by linking, framing or otherwise, are prohibited. Our operation of this Site is not intended to create, and will not create, an agency-client relationship with you.

If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:

a legend or subject line that says: “DMCA Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
your full name, address, telephone number and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
your electronic or physical signature.
We will only respond to DMCA Notices that it receives by mail or email at the addresses below:

1345 NE 4^th Ave Coral Springs FL, 33065

info@allyearcooling.com

5. Trademark Rights

The trademarks, service marks, and logos of ALL YEAR COOLING belong exclusively to ALL YEAR COOLING (“ALL YEAR COOLING Marks”). The ALL YEAR COOLING Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Site confers on you any license or right under the ALL YEAR COOLING Marks or the trademarks of any third party.

6. Use Restrictions

You agree not to use the Site for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Site(s). You further agree not to use the Site in any manner that:

copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site(s) or any portion thereof;
is intended to obtain unauthorized access to the Site, any portion thereof, or any server(s) or devices on which the Site or any related data or information is stored;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
links to materials or other content, directly or indirectly, to which you do not have a right to link;
is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by ALL YEAR COOLING in its sole discretion; or
violates, or encourages anyone to violate the Terms or any ancillary terms and conditions listed on the Site.
removes any copyright or other proprietary notations from the material; or
transfers the materials to another person or entity or “mirror” the material on any other server.

7. Accuracy of Information and Registration Information

You agree, as applicable, to provide ALL YEAR COOLING with accurate information and not to impersonate or otherwise misrepresent your association or ALL YEAR COOLING affiliation with any person, organization, or entity.

In the course of your use of the Site, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). ALL YEAR COOLING’S information collection and use policies with respect to the privacy of such Registration Information are set forth in the ALL YEAR COOLING’S Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Site using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify ALL YEAR COOLING of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. ALL YEAR COOLING cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

By providing your mobile phone number to us through the Sites or in connection with your order, receipt or use of our product(s) or service(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of ALL YEAR COOLING, including autodialed calls and/or text messages, for operational or transactional purposes, such as updates on the delivery status of your order. To stop receiving marketing text messages from us, reply STOP to the last message received. You may receive a single subsequent text message confirming your opt-out. For more information, please contact us at info@allyearac.com. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.

8. Third Party Websites

You may be able to link from the Site to third party websites and third-party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Site does not imply ALL YEAR COOLING’S endorsement, sponsorship, or recommendation of that site. ALL YEAR COOLING disclaims any liability for links (1) from another website to the Site and (2) to another website from the Site. ALL YEAR COOLING cannot guarantee the standards of any website to which links are provided on the Site nor shall ALL YEAR COOLING be held responsible for the contents of such sites, or any subsequent links. ALL YEAR COOLING does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, ALL YEAR COOLING is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. Advertisements and Promotions

ALL YEAR COOLING may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ALL YEAR COOLING, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ALL YEAR COOLING is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

10. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ALL YEAR COOLING IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY SERVICES OFFERED BY ALL YEAR COOLING. IN NO EVENT WILL ALL YEAR COOLING’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, licensors, authorized agents, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

13. Termination

We reserve the right to restrict, modify, suspend, or terminate your access to the Site, with or without cause or prior notice, at any time, and without any liability to you.

14. Privacy

ALL YEAR COOLING views the protection of your privacy as an important responsibility. Personally Identifiable Information (“PII”) and other information collected on or in connection with the Site will be used and processed as described in our Privacy Policy, which is incorporated herein, and can be found at allyearcooling.com/privacy-policy/. By using the Site, you consent to the collection and use of your PII by us as described in the Privacy Policy.

15. Assignment

To the extent permitted by law, ALL YEAR COOLING may sell, transfer, or otherwise share some or all of our assets, including your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.

16. Age Limitation

The Site is not intended for use by persons under the age of 13. ALL YEAR COOLING does not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided ALL YEAR COOLING with PII, we will delete such PII.

17. Dispute Resolution

By using the Site, you and ALL YEAR COOLING agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to ALL YEAR COOLING at 1345 NE 4^th Ave Coral Springs FL, 33065.

Both you and ALL YEAR COOLING agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the STATE OF FLORIDA before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

18. Choice of Law and Forum

You agree that the laws of the FLORIDA govern the Terms and any claim or dispute that you may have against us, without regard to FLORIDA’S conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in BROWARD COUNTY, FLORIDA and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN BROWARD COUNTY, FLORIDA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE FLORIDA, BROWARD COUNTY, FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

19. Modification

We reserve the right to modify these Terms at any time. Your continued use of the Site after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Updated” at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Site.