Terms of Service

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. 

3. Privacy Policy. Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at our Web sites.

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:

  • violate or infringe any of Metro Heating and Cooling’s proprietary or intellectual property rights;
  • violate or breach any provision of the TOS;
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, modify the software in any manner or form, or use modified versions of the software, including (without limitation) in order to obtain unauthorized access to the Services
  • copy, modify, rent, lease, distribute, republish, retransmit, sell, lend, assign, transfer, create a security interest in, sublicense, frame, link to the Services, link to content included in the Services, convey any right in, or create any derivative works of the content of the Services or any software used in connection with the Services; and
  • do not access the Service by any means other than through the interface provided by Metro Heating and Cooling for use in accessing the Service.

5. Prohibited Actions. You may not take any of the following actions via the Services:

  • ost or submit any material that is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law;
  • post or submit any material that infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party;
    harm minors in any way;
  • forge headers or otherwise manipulate identifiers to disguise the origin of any materials transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships, including, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  • "stalk" or otherwise harass another person or entity or do anything else Metro Heating and Cooling determines from time to time (with or without prior notice) to be prohibited;
  • upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
  • collect or store personal data about other users. Metro Heating and Cooling may, in its sole discretion, restrict, bar, or block the access of any subscriber or user of the Services. Accessing the Services after you have been blocked or barred from the Services is an act of trespass.

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:

  • to comply with legal process;
  • to enforce the TOS;
  • to respond to claims that any content violates the rights of third-parties;
  • to respond to your requests for customer service;
  • to protect the rights, property, or personal safety of Metro Heating and Cooling, its users and the public; or
  • for any other reason or purpose stated in Metro Heating and Cooling’s privacy policy, as posted on its Web sites.

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:

  • breaches or violations of the TOS or other incorporated agreements or guidelines,
  • requests by law enforcement or other government agencies,
  • a request by you (self-initiated account deletions),
  • discontinuance or material modification to the Service (or any part thereof),
  • unexpected technical or security issues or problems, and
  • extended periods of inactivity.

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 legal@metroheatingandcoolingbirmingham.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:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Metro Heating and Cooling EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  2. Metro Heating and Cooling MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Metro Heating and Cooling OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

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:

  1. THE USE OR THE INABILITY TO USE THE SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
  5. ANY OTHER MATTER RELATING TO THE SERVICES.

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 legal@metroheatingandcoolingbirmingham.com 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:

  • Entire Agreement. The TOS constitute the entire agreement between you and Metro Heating and Cooling and governs your use of the Services, superseding any prior agreements between you and Metro Heating and Cooling. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Metro Heating and Cooling services, affiliate services, third-party content or third-party software. 
  • Choice of Law and Forum. The TOS and the relationship between you and Metro Heating and Cooling shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and Metro Heating and Cooling agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Jackson County, Missouri.
 
    Waiver and Severability of Terms. The failure of Metro Heating and Cooling to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the TOS so that other provisions of the TOS remain in full force and effect.
  • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
  • Notices. Metro Heating and Cooling may give notice to you through general posting on the Services, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to Metro Heating and Cooling via e-mail at info@metroheatingandcoolingbirmingham.com
 
  • Delay and Course of Dealing. No delay in exercising, no course of dealing with respect to, an no partial exercise of any right or remedy under this TOS constitutes a waiver of any other right or remedy, or future exercise thereof.
  • Contact Information

    Birmingham Office

    278 Cahaba Valley Pkwy
    Pelham, AL 35124
    Phone : (205) 538-2420