Metro Heating and Cooling’s web sites include www.metroheatingandcoolingbirmingham.com and microsites that Metro Heating and Cooling may create in the future, and extranet sites that Metro Heating and Cooling has now or may create or use in the future (the "web sites").
Use of Metro Heating and Cooling’s Web sites by any user (you) is subject to these Terms and Conditions of Service (the TOS). Metro Heating and Cooling may change the TOS from time to time without notice. Use of the Service after a change subjects you to the new terms of the TOS, which may be accessed on Metro Heating and Cooling’s Web Sites.
1. Description of Service. Metro Heating and Cooling currently provides users with access to a collection of resources and information on its Web sites, including Metro Heating and Cooling’s home sites, microsites, extranet sites, and "Make-a-Flake" at lookandfeel.com and snowflakes.lookandfeel.com (the Services). You understand and agree that the Services are provided "AS-IS" and that Metro Heating and Cooling assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of any advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. Registration, User ID, and Password. Some parts of the Services are accessed and controlled by user ID and password. If you are required to access an area of the Services with your user ID and password, you agree that you will not allow any other person or entity to use your user ID and password to gain access to that part of the Service. You further agree to notify Metro Heating and Cooling if you become aware of any unauthorized use of your user ID and password. If you register and obtain a user ID and password, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You must provide complete and accurate information about yourself when prompted by any Services registration form, and you must maintain and promptly update your registration data to keep it complete and accurate. Metro Heating and Cooling may suspend or terminate your account and refuse you any current or future use of the Service (a) if you provide any information that is not complete and accurate, or (b) if Metro Heating and Cooling has reasonable grounds to suspect that any information you provide is not complete and accurate.
4. License. Subject to your compliance with this TOS, Metro Heating and Cooling grants you a personal, nontransferable, non-exclusive, terminable at will, license to use and display the Services and to download materials available through the Services, solely for personal, non-commercial purposes, provided that you do not do any of the following:
5. Prohibited Actions. You may not take any of the following actions via the Services:
6. Content Changes and Pre-screening. You acknowledge, consent, and agree that Metro Heating and Cooling may or may not pre-screen content, but that Metro Heating and Cooling and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Services. Without limiting the foregoing, Metro Heating and Cooling and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7. Accessing and Disclosing Account Information. You acknowledge, consent, and agree that Metro Heating and Cooling may access, preserve, and disclose your account, personal information, and content if Metro Heating and Cooling is required to do so by law or if Metro Heating and Cooling believes that such access, preservation, or disclosure is necessary or desirable for any of the following purposes:
8. User Provided Content and License to Metro Heating and Cooling. You are solely responsible for all content or materials that you post, submit to, or transmit through the Services. When you submit materials or content to Metro Heating and Cooling, you grant Metro Heating and Cooling a perpetual, irrevocable, and fully sublicensable license to copy, use, display, distribute, sell, license, sublicense, reproduce, modify, adapt, publicly perform, publicly display such materials and content, and to incorporate such materials and content into other works in any format or medium known or latter developed, including, without limitation, the promotion and marketing of the Services, the operation of the Metro Heating and Cooling systems, or the promotion, sale, or use of any other services of Metro Heating and Cooling. When you submit materials or content, you also automatically agree (or, to the extent you do not own all rights to such materials or content, you represent and warrant that the owner of the content or materials has expressly agreed) that, without any particular time limit and without the payment of any fees, Metro Heating and Cooling and anyone it permits may reproduce, display, distribute, and create new or derivative works of authorship based on and including the content or materials. You may not submit content or materials that are protected by or subject to the patents, trademarks, copyrights, trade secrets, trade dress, or other proprietary rights of anyone other than yourself.
9. Special Admonitions For International Use. Recognizing the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. Indemnity Regarding User Provided Content. You will indemnify, defend and hold harmless Metro Heating and Cooling and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to (a) the content or materials that you post, submit, transmit, or make available through the Services, (b) your use of the Services, (c) your connection to the Services, (d) your breach or violation of the TOS, or (e) your violation of any rights of another.
11. No Resale of Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your User I.D. and password), use of the Services, or access to the Services.
12. General Practices Regarding Use And Storage. You acknowledge that Metro Heating and Cooling may establish general practices and limits concerning use of the Services, including, by way of example only, the maximum disk space that will be allotted on Metro Heating and Cooling’s servers on your or Metro Heating and Cooling’s behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Metro Heating and Cooling has no responsibility or liability for the deletion or failure to store any content, data or other content maintained or transmitted by the Services. You acknowledge that Metro Heating and Cooling reserves the right to deactivate accounts that are inactive for an extended time. You further acknowledge that Metro Heating and Cooling reserves the right to modify these general practices and limits from time to time.
13. Modifications To Service. Metro Heating and Cooling reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Metro Heating and Cooling shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
14. Termination. You agree that Metro Heating and Cooling may, under certain circumstances and without prior notice, immediately terminate your Metro Heating and Cooling account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
15. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Metro Heating and Cooling has no control over such sites and resources, you acknowledge and agree that Metro Heating and Cooling is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Metro Heating and Cooling shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
16. Monitoring of User Provided Content. Metro Heating and Cooling may monitor content or materials posted on the Service. Metro Heating and Cooling may modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark, patent, or other intellectual property right of any third party, or otherwise inappropriate for the Services. Metro Heating and Cooling may also edit or modify any submissions in response to requests for feedback, letters, commentary, or submissions. Notwithstanding the foregoing, Metro Heating and Cooling is not obligated to take any action, and is not responsible or liable for content or materials posted by any subscriber in any forum, message board or other area within the Service.
17. Metro Heating and Cooling’s Proprietary Rights. You acknowledge and agree that the Services and any necessary software used in connection with the Services, including, but not limited to articles, graphical images, interactive applications, other software, audio clips, object code, source code, video clips, and other materials included in the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor or client advertisements or other information presented to you through the Services is, or may be, protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. Except as expressly authorized by Metro Heating and Cooling, you agree not to copy, modify, rent, lease, loan, sell, distribute, re-publish, re-transmit, distribute directly or via links, or create derivative works of the Services, the software, or any of the other above listed materials, in whole or in part.
18. Permissions. All requests for licensing, reprints, linking and other usage of content or material incorporated within the Services must be addressed to email@example.com. Metro Heating and Cooling will review any such request without obligation to respond to, or grant, the request.
19. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
20. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Metro Heating and Cooling SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Metro Heating and Cooling HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
21. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
22. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
23. Notices. Metro Heating and Cooling may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the applicable Web page where you access or use the Services.
24. Trademark Information. Metro Heating and Cooling, lookandfeel, thought bubble within a thought bubble logo (at lookandfeel.com), and other words, phrases, logos, and designs are trademarks or service marks of Metro Heating and Cooling. Certain words, phrases, logos, and designs that appear on Metro Heating and Cooling’s Web sites are the trademarks and service marks of third parties. You may not use any such trademarks or service marks without the prior written consent of Metro Heating and Cooling or the third party who owns such service marks and trademarks.
25. Claims of Infringement. Metro Heating and Cooling respects the intellectual property of others, and we ask our users to do the same. Metro Heating and Cooling may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe the intellectual property rights of others. If you believe that your intellectual property rights have been infringed or violated, please notify us at firstname.lastname@example.org or at:
Metro Heating and Cooling, Inc.
1395 Old McDonough Hwy Conyers, GA 30094
(770) 388-0737 : Phone
28. Indemnity for Breach/Causation of Claims. If you breach the terms of these TOS or in any way cause any claims to made against Metro Heating and Cooling, its employees, officers or directors, you will be liable to Metro Heating and Cooling for all damages, costs, judgments, expenses (including reasonable attorneys’ fees) that Metro Heating and Cooling or its employees, officers, or directors incur.
29. General Terms. The following additional terms apply to this TOS: