Terms of Website Use
This GrowMyHVAC.com Program License Agreement (this "Agreement") is made effective as of the Effective Date 7/24/2012 of the GrowMyHVAC.com between the parties. The parties to this license are GrowMyHVAC.com ("the Licensor"), and the licensed contractor as identified in this Agreement as Custom Climates HVAC, LLC("the Licensee"). Licensor owns and provides the GrowMyHVAC.com Ready-Built HVAC Website and or its GrowMyHVAC.com Program's accelerated growth process, the sustained profitability services, the job training, and the support via Licensor's on-line Training Center and its HVAC business processes and portions of the fulfillment services. The Licensee is the HVAC contracting company that has executed a Ready-Built HVAC Website and or a GrowMyHVAC.com Program License Agreement named above, or permitted to use the facilities of the Licensor.
This license applies to Licensor owned copyright, title, trademarks, education and training programs, contractor business products, website, tools, and business development processes, and all other related rights in and to the GrowMyHVAC.com Program entitled "Ready-Built HVAC Website or GrowMyHVAC.com Dealer Development Program" (hereinafter "Material") published by Licensor for which Licensee has paid the appropriate Licensee fee.
Licensor grants to Licensee the nonexclusive and nontransferable right, during the term of this Agreement, to use the Ready-Built HVAC Website and associated resources, and where also purchased, the Licensor's Fix-Right Flat Rate Service Repair upfront price guide, Home Comfort Flat Rate Replacement upfront price guide, and other Licensor provided promotion campaigns, and heating, ventilating, and air conditioning contractor product and service delivery standard operating procedures, forms, trademarks, and Licensor copyrighted materials, including the electronic files, presentations, and word processor templates (collectively hereinafter, "Materials"), in conjunction with Licensor programs and products, for Licensee's own use and that of Licensee's company. Licensee may use the templates on computer or computers within the Licensee company location identified above, or a single station of a computer network, subject to the following provisions of this Agreement. The GrowMyHVAC.com Contractor Development Program resources and the associated materials (other than portions in the public domain) are the property of Licensor and are protected by copyright laws and by international treaties. Any rights not expressly granted in this license are reserved to Licensor.
Suitability, Warranties, and Liability
While GrowMyHVAC.com intends that the website content and functionality available herein will be as accurate as possible. GrowMyHVAC.com does not warrant that your access to the website will be uninterrupted or that the material accessible from this website is virus-free.
SUITABILITY: LICENSEE MUST DETERMINE THE SUITABILITY OF THE WEBSITE AND ASSOCIATED TOOLS FOR THE INTENDED USES; NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY SPECIFIC PURPOSE ARE EITHER EXPRESS OR IMPLIED. NO LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES IS ASSUMED BY LICENSOR. THE TOOLS MAY BE CHANGED OR DISCONTINUED AT ANY TIME, WITHOUT ADVANCE NOTICE. THE LICENSE IS FOR THE PRESENT AND FUTURE VERSIONS ONLY; AVAILABILITY, CONTINUED SUPPORT, UPDATES, AND COMPATIBILITY WITH SPECIFIC HARDWARE, OPERATING SYSTEMS, BROWSER, OR CHANGES THERETO ARE NOT ASSURED.
Licensor is granted by Licensee the nonexclusive and nontransferable right, during the term of this Agreement, to access LICENSEE's computers/laptops/Tablet or other electronic communicating device using a screen-sharing application for the purpose of enabling LICENSEE to use the Website Services as provided by LICENSOR.
LIMITATION ON LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THIS AGREEMENT OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT GROWMYHVAC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GROWMYHVAC.COM'S LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Intellectual Property of GrowMyHVAC.com
Unless otherwise indicated, this website and its contents are the property of GrowMyHVAC.com and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Reproduction of any part of this Ready-Built HVAC Website, its design, content, and source code is prohibited without the express written permission of GrowMyHVAC.com.
Licensee represents that Licensee is the rightful owner of the submitted material, and that no one else may claim rights to this material and Licensee grants permission for GrowMyHVAC.com to post the material on our Ready-Built HVAC Website. We reserve the right to remove access to infringing material. Information that you submit to us through our site becomes our property and we may retain it for restorative, archival, research or business purposes.
GrowMyHVAC.com reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.
Licensee may not copy except for authorized installation and backup purposes, distribute, modify, reverse compile, reverse assemble, or create derivative works of Licensor's website, products or templates. Licensee may not rent, lease, license, sell, or give the website or its content and tools to any person or organization without prior written permission. Licensee agrees to take all reasonable steps to prevent unauthorized transfer or use of the tools.
This site may include links to www.GrowMyHVAC.com and other Internet sites. GrowMyHVAC.com has not and cannot review all material made available through websites linked or linking to any part of this site. GrowMyHVAC.com is not responsible for the content of such sites. These links are provided as aids to help you identify and locate resources that may be of interest to you, including sites of franchisees. Links to non-franchisee sites are not intended to indicate or imply that the GrowMyHVAC.com sponsors or is affiliated or associated with linked sites. GrowMyHVAC.com bears no responsibility or liability for any content or harm arising from your use of a third-party website.
As a condition of executing this License, the parties further agree that any legal action taken or to be taken by either party regarding this Agreement or the rights and liabilities of Licensor or Licensee hereunder shall be brought only before a federal, state or local court of competent jurisdiction located within the State of New Hampshire. Licensee hereby consents to, and agrees not to contest, the jurisdiction of the federal, state and local courts located within the State of New Hampshire.
Ready-Built HVAC Website Enrollment
If you have questions about our services, or wish to enroll in the Ready-Built HVAC Website, please call us TODAY at 800-240-2823 or simply ask us to give you a call by emailing us at info@GrowMyHVAC.com.
Effective Date: June 1, 2012