|
"Terms
and Conditions for HVAC Contractors.com"
HVAC-Contractors.com
for "HVAC-R"
Services
Call Toll Free 1.800.826.1432 for fast and courteous service
The agreements below describe the terms and conditions
applicable to your use of our services at HVAC - Contractors.com. If
you have any questions regarding these agreements, you may contact us
at
support@HVAC-contractors.com .
We may amend these agreements at any time; changes or amendments will
be posted at the bottom of this page for public view and be considered
effective 30 days from the date such changes take place. You further
agree that by accessing the HVAC - Contractors.com web site or
utilizing the HVAC - Contractors.com services you agree to be bound
the Terms and Conditions as are in effect at such time.
Lending Customers: Click to review Terms & Conditions
Home Improvement & Real Estate Customers: Click to review Terms &
Conditions
Terms & Conditions: Home Improvement & Real Estate Customers
1. INTRODUCTION TO HVAC - Contractors.com. Upon your registration, you
may choose your own password or HVAC - Contractors.com will assign you
a password to access the HVAC - Contractors.com services through the
HVAC - Contractors.com Web site.
2. HVAC - Contractors.com SERVICES. At HVAC - Contractors.com we are
committed to making your total HVAC - Contractors.com experience a
positive one. Upon entering your information and the request for which
you would like a service professional, we will provide you with a list
of service professionals in your area, if any, who may be interested
in fulfilling your service need.
We do not, however, guarantee that we will be able to match your
service needs with a service professional or that there are service
professionals in your area that either are capable or willing to
complete your service needs. Although we take certain steps to examine
the credentials of our listed service professionals, we make no
guarantees or representations regarding the application or
installation skills of such service professional or the quality of the
job that he or she may perform for you if you elect to retain their
services. It is entirely up to you to enter into a direct contract or
otherwise reach agreement with a service professional, and we do not
guarantee or warrant their performance on the job or the outcome or
quality of the services performed. Your rights under contracts you
make with service professionals typically are governed by your state
and local laws. Should you have a dispute with any service
professional, you must address such dispute to the service
professional directly, and you hereby agree to release HVAC -
Contractors.com (and our employees and agents) and any other person,
firm, or entity (including our business partners such as a product
manufacturer or supplier who may employ the HVAC - Contractors.com
matching utility) from any damages or claims (including consequential
and incidental damages) of every kind or nature, suspected and
unsuspected, known and unknown, and disclosed or undisclosed, arising
out of or in any way connected with such disputes and your dealings
with service professionals.
3. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. While we cannot
guarantee the work performed by a listed service professional, the
HVAC - Contractors.com resolution process has been developed to try
and assist you in resolving any workmanship problems that may arise in
the course of a home improvement repair or maintenance project and
which may be the fault of a service professional who you learned about
through the HVAC - Contractors.com services. Under the circumstances
more fully described herein and upon completion of all required
procedures, we may, upon your request, provide limited assistance in
resolving disputes between you and a service professional. You must
participate and use good faith efforts to resolve problems through the
HVAC - Contractors.com resolution process. If, in its sole discretion,
HVAC - Contractors.com determines that you have not participated and
cooperated in good faith in the resolution process, HVAC -
Contractors.com may terminate such Resolution Process and the Limited
Service Guarantee (details) with no further obligation to you
whatsoever. Such limited assistance in no way nullifies the release
and indemnification described in these Terms & Conditions. If there
exists any conflict between this section and any other section of
these Terms & Conditions, such other section shall control.
Upon payment of any amounts by HVAC - Contractors.com pursuant to this
Limited Service Guarantee program, and in consideration of any such
payment, you agree to assign any and all rights you have in any
agreement with the service professional to HVAC - Contractors.com, but
not any of your obligations there under and further agree to execute
any documents reasonably necessary to effectuate such assignment.
4. INFORMATION YOU PROVIDE TO US. Upon using the HVAC -
Contractors.com services, you will be prompted to disclose certain
information about yourself and your service requirements, and you will
be able to store information, such as home services records, on our
Web site. Some of this information will be sent to service
professionals who will need this information to respond to you or to
other persons or entities in connection with our business. By
providing this information to us, or by submitting a service request,
you expressly consent to being contacted by us and by our service
professionals and providers via phone, fax, email, mail or other
reasonable means, at any of your contact numbers or addresses, in
order that we may provide the services set forth on our site, to
service your account, to reasonably address matters pertaining to your
account or for other reasonable purposes related to our business. For
complete details on our use of your information, please see our
privacy statement. You agree that by completing a service request, you
are entering into a business relationship with HVAC - Contractors.com
and its partners and thus agree to be contacted by HVAC -
Contractors.com and/or its partners. You promise that all information
you provide will be accurate, current and truthful to the best of your
knowledge. If you provide any information that is untrue, not current
or incomplete, or HVAC - Contractors.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, HVAC - Contractors.com has the right to refuse any current
or future use of the HVACContractors.com services (or any portion
thereof) by you. You are responsible for any use of the HVAC -
Contractors.com services by persons to whom you intentionally or
negligently allow access to your password. You further acknowledge
that in the event you submit a request for a loan quote from one or
more of our lender partners via the HVAC - Contractors.com site that
HVAC - Contractors.com may send your personal and loan-related
information to the applicable lender partner(s) such that they can
contact you regarding your request and you are expressly consenting to
such contact by them or HVAC - Contractors.com as necessary to fulfill
such request.
5. YOUR USE OF THE HVAC - Contractors.com SERVICES. It is agreed that
your use of the HVAC - Contractors.com services is for your personal
use and not for any commercial or advertising purposes. We reserve the
right to revoke your access at any time. All information about service
professionals is confidential and for your personal use only. If it is
determined or suspected by HVAC - Contractors.com in its sole
discretion that you are misusing or attempting to misuse or circumvent
the HVAC - Contractors.com services or system, or are using or
attempting to use it for any inappropriate, non-personal, or
commercial purposes, including but not limited to activities such as
hacking, infiltrating, fraud, advertising, jamming or spamming, HVAC -
Contractors.com reserves the right, in its sole discretion, to
immediately terminate your access without notice and to instigate
without notice appropriate legal actions or proceedings to seek
appropriate remedies and/or damages, including but not limited to lost
revenue, repairs, legal fees, costs and expenses, and to seek
injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO NAME, PHONE
NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT
MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF
PRIVACY RIGHTS OF OTHERS TO HVAC - Contractors.com AND ITS SERVICE
PROFESSIONAL PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND
EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST.
THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR
CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE
INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME
ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A
RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO
FULLY INDEMNIFY AND BE LIABLE TO HVAC - Contractors.com AND EACH HVAC
- Contractors.com SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS,
FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HVAC -
Contractors.com AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR
EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER,
INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL
OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER
SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING
THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE
AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES
THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND
FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES
RELATING THERETO, WHICH EVER IS GREATER.
6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB
SITE. Permission to use documents (such as press releases, datasheets,
content, informational items and FAQs) from the HVAC - Contractors.com
server ("Server") is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and
this permission notice appear, (2) use of such documents from the
Server is for informational and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast
in any media, and (3) no modifications of any Documents are made.
Educational institutions (specifically K-12, universities and state
community colleges) may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom
requires express written permission of HVAC - Contractors.com. Use for
any other purpose is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible. Documents specified above do not include
the design or layout of the HVAC - Contractors.com web site or any
other HVAC - Contractors.com owned, operated, licensed or controlled
site. Elements of HVAC - Contractors.com web sites are protected by
trade dress, trademark, unfair competition, and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound or
image from any HVAC - Contractors.com web Site may be copied or
retranNYCwsitted unless expressly permitted by HVAC - Contractors.com.
HVAC - Contractors.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. HVAC - Contractors.com AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HVAC
- Contractors.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
7. LINKS TO THIRD PARTY SITES. The links in the HVAC - Contractors.com
web site will let you leave HVAC - Contractors.com's web site. The
linked sites are not under the control of HVAC - Contractors.com and
HVAC - Contractors.com is not responsible for the contents of any
linked site or any link contained in a linked site, or any changes or
updates to such sites. HVAC - Contractors.com is not responsible for
webcasting or any other form of tranNYCwsission received from any
linked site. HVAC - Contractors.com is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by HVAC - Contractors.com of the site.
8. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. HVAC
- Contractors.com.com uses the following criteria as part of its
enrollment process for new home service professionals, real estate
agents and brokers, and lending professionals applying for membership
in our network:
Licensing - HVAC - Contractors.com confirms trade, real estate, and
lending licensing information provided by member service professionals
at the time of registration. Such licensing should meet the then
current state or federal licensing requirements for the tasks that the
member indicates it will perform in that state as indicated in their
HVAC - Contractors.com profile.
Legal - HVAC - Contractors.com contacts or checks with third party
services that record legal information to check that each new member
has no record of significant civil legal judgments entered against
them by business customers within the last three years from the date
of registration.
Insurance - Wherever possible, HVAC - Contractors.com confirms
insurance information presented by member service professionals in
their profiles at the time of registration.
For all of the above categories, HVAC - Contractors.com may not make
any subsequent or periodic checks or re-verifications after the
initial registration and is not undertaking to update any such
information after the initial registration.
NOTE: Member service professional information confirmed per above may
change or expire over time; while HVAC - Contractors.com attempts to
maintain accurate and up-to-date information, and confirms changes
when notified, we cannot guarantee that profile and screening
information is accurate after initial registration. Therefore, we
recommend that before working with a service professional you verify
that information presented is still current and/or acceptable to you.
*Given the unique nature of CA licensing, HVAC - Contractors.com
relies on representations of H-Cs that are using NY General building
contracting license to cover home improvement tasks, that such H-Cs
are performing more than one task as defined and required by NY
licensing rules.
Service Professionals Profiles: HVAC - Contractors.com allows Service
Professionals to post profiles about themselves and their business.
HVAC - Contractors.com does not review or verify the information or
representations set forth in those profiles, except as expressly set
forth above, as they are self-reported by the Service Professional.
These procedures may change from time to time at the sole discretion
of HVAC - Contractors.com. HVAC - Contractors.com believes that it
uses commercially reasonable methods to check these matters but does
not make any representations or warranties that members are
appropriately licensed, free of bankruptcies or civil legal judgments,
or carry appropriate insurance at the time of registration, during the
period they are members, or thereafter. As circumstances can change
day to day, HVAC - Contractors.com advises consumers to check these
matters for themselves especially at future dates. HVAC -
Contractors.com does not represent or warrant the information received
from state or government agencies or from third party sources is
accurate, error free, or that it is up to date or updated to the point
that HVAC - Contractors.com checks such information. Most agencies
have periodic update cycles or schedules and this information is not
updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HVAC - Contractors.com EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS,
CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE
PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT
THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT
OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION
PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
9. GENERAL PROVISIONS. You acknowledge and agree that the HVAC -
Contractors.com services are provided to you on an "AS IS" basis
without any warranty whatsoever, and your sole and exclusive remedy,
and HVAC - Contractors.com's sole obligation to you or any third party
for any claim arising out of your use of the HVAC - Contractors.com
services or the HVAC - Contractors.com Web site, is that you are free
to discontinue your use of the HVAC - Contractors.com services or the
HVAC - Contractors.com Web site at any time. HVAC - Contractors.com
EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY
OR PUNITIVE DAMAGES (EVEN IF HVAC - Contractors.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR
ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW
LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN
SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree to
indemnify HVAC - Contractors.com, and its subsidiaries, affiliates,
officers, employees, agents, co-branders, and other partners and hold
them each harmless from any and all claims or demands, including
attorney's fees, made by any third party due to or arising from your
use of the HVAC - Contractors.com services or connection to the HVAC -
Contractors.com web site or your violation of the Terms and
Conditions, or arising from your violation of any rights of a third
party. The Terms and Conditions will inure to the benefit of HVAC -
Contractors.com's successors, assigns and licensees. If any provision
of these Terms and Conditions shall be deemed unlawful, void or
unenforceable, for any reason, by any court of competent jurisdiction
that provision shall be stricken and shall not affect the validity and
enforceability of the remaining terms. The failure of HVAC -
Contractors.com to exercise or enforce any right or provision of the
Terms and Conditions shall not constitute a waiver of such right or
provision. 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 HVAC - Contractors.com services or the Terms and Conditions
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms and
Conditions are for convenience only and have no legal or contractual
effect. These Terms and Conditions is governed by the laws of the
State of Colorado as such laws are applied to agreements entered into
and to be performed entirely in the State of Colorado and between
Colorado residents. You agree to submit to jurisdiction in Colorado
and that any claim arising under these Terms and Conditions will be
brought solely in a court in Denver County, Colorado.
© 1999-2003 HVAC - Contractors.com, Inc. All rights reserved.
Terms & Conditions: Lending Customers
This Agreement describes the terms and conditions applicable to your
use of our services of NYCws Lending, LLC ("NYC Contractors"). In this
Agreement, we will refer to NYCws Lending, LLC and its employees and
agents as "we", "us" or "NYC Contractors." NYC Contractors has
contracted with HVAC - Contractors.com, Inc. ("Inc.") whereby Inc. is
providing certain services including but not limited to consumer
service request data collection and processing, matching of consumer
service requests to lenders based on pre-set lending criteria,
profiling lenders, ratings and reviews of lenders, software and
database solutions and technology, customer service, marketing to
consumers, marketing to Lending Service Professionals, certain limited
dispute resolution, and so forth. You agree that Inc. will be
providing these services on behalf of NYC Contractors pursuant to a
services agreement. In the event the services agreement expires, is
discontinued or terminated for any reason, you agree that this
contract and your relationship with NYC Contractors shall
automatically inure to the benefit of Inc., and its designee lending
partner, if applicable and as designated by Inc. Any reference to NYC
Contractors herein includes and covers Inc. with respect to the
services provided to, or on behalf of NYC Contractors by Inc.
Please read this entire agreement ("Agreement") carefully before using
or accessing this Web site ("Site") or the services offered on the
Site. By using or accessing the Site, you agree to be bound by this
Agreement and any and all updates to it. NYC Contractors and its
affiliates, partners, agents and suppliers ("Suppliers") provide the
services and information on this Site to you, the user, conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of this Site constitutes your
agreement to all such terms, conditions, and notices.
The information and services offered on this Site are provided with
the understanding that neither NYC Contractors nor its Suppliers or
users are engaged in rendering legal or other professional services or
advice. Your use of the Site is subject to the additional disclaimers
and caveats that may appear throughout the Site.
If you have any questions regarding this Agreement, you may contact us
at www.HVAC - Contractors.com.com. We may amend this Agreement at any
time; changes or amendments will be posted at the bottom of this page
for public view and be considered effective 5 days from the date such
changes take place. You further agree that by accessing the web site
or utilizing the services ("Service") you agree to be bound the Terms
and Conditions as are in effect at such time.
NYC Contractors and its Suppliers assume no responsibility for any
consequence relating directly or indirectly to any action or inaction
that you take based on the information, services, or other material on
this Site (the "Services"). While NYC Contractors and its Suppliers
strive to keep the information on this Site accurate, complete, and
up-to-date, NYC Contractors and its Suppliers cannot guarantee, and
will not be responsible for any damage or loss related to, the
accuracy, completeness, or timeliness of the information.
1. INTRODUCTION TO NYC Contractors. Upon your registration, you may
choose your own password or NYC Contractors will assign you a password
to access the NYC Contractors lending services through the Web site.
2. SERVICES. Upon entering your information and the request for which
you would like a lending service professional, we will provide you
with a list of lending service professionals in your area, if any, who
may be interested in fulfilling your service need.
We do not, however, guarantee that we will be able to match your
service needs with a lending service professional or that there are
lending service professionals in your area that either are capable or
willing to complete your service needs. Although we take certain steps
to examine the credentials of our listed service professionals, we
make no guarantees or representations regarding the quality of the
services, terms, pricing or other matters that he or she may perform
for you if you elect to retain their services. It is entirely up to
you to enter into a direct contract or otherwise reach agreement with
a service professional, and we do not guarantee or warrant their
performance or the outcome or quality of the services performed or
products offered, quoted or delivered. Your rights under any contracts
you make with service professionals typically are governed by certain
Federal laws and by your state and local laws. Should you have a
dispute with any service professional, you must address such dispute
to the service professional directly, and you hereby agree to release
NYC Contractors (and our employees and agents) and any other person,
firm, or entity (including our business partners) from any damages or
claims (including consequential and incidental damages) of every kind
or nature, suspected and unsuspected, known and unknown, and disclosed
or undisclosed, arising out of or in any way connected with such
disputes and your dealings with service professionals.
3. RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE. NYC Contractors
does not offer any service guarantees with respect to it lending
services. We may elect at our sole option to assist you in certain
disputes that you may have with our lending service professionals.
4. INFORMATION YOU PROVIDE TO US. Upon using the NYC Contractors
services, you will be prompted to disclose certain information about
yourself and your service requirements, and you will be able to store
certain information on our Web site or in our databases. Some of this
information will be sent to service professionals who will need this
information to respond to you or to other persons or entities in
connection with our business. By providing this information to us, or
by submitting a service request, you expressly consent to being
contacted by us and by our service professionals and providers via
phone, fax, email, mail or other reasonable means, at any of your
contact numbers or addresses, in order that we may provide the
services set forth on our site, to service your account, to reasonably
address matters pertaining to your account or for other reasonable
purposes related to our business. For complete details on our use of
your information, please see our privacy statement. You agree that by
completing a service request, you are entering into a business
relationship with NYC Contractors and its partners and thus agree to
be contacted by NYC Contractors and/or its partners. You promise that
all information you provide will be accurate, current and truthful and
that you will maintain and update this information to keep it true,
accurate, current and complete. If you provide any information that is
untrue, not current or incomplete, or NYC Contractors has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, NYC Contractors has the right to refuse any
current or future use of the NYC Contractors services (or any portion
thereof) by you. You are responsible for any use of the NYC
Contractors services by persons to whom you intentionally or
negligently allow access to your password. You further acknowledge
that in the event you submit a request for lending services from one
or more of our lender partners via the NYC Contractors site that NYC
Contractors may send your personal and loan-related information to the
applicable lender partner(s) such that they can contact you regarding
your request and you are expressly consenting to such contact by them
or NYC Contractors as necessary to fulfill such request. You
acknowledge and agree that NYC Contractors has the right to monitor
the Service electronically from time to time and to disclose any
information as necessary or appropriate to satisfy any law, regulation
or other governmental request, to operate the Service properly, or to
protect itself or its users. NYC Contractors, however, has no
obligation to monitor the Service. NYC Contractors reserves the right
to refuse to post or to remove any information or materials, in whole
or in part, that, in its sole discretion, are unacceptable,
undesirable, inappropriate or in violation of this Agreement.
5. YOUR USE OF THE NYC Contractors SERVICES. It is agreed that your
use of the NYC Contractors services is for your personal use only and
not for any commercial or advertising purposes. We reserve the right
to revoke your access at any time for any reason. All information
about service professionals is confidential and for your personal use
only. If it is determined or suspected by NYC Contractors or its
Suppliers in its sole discretion that you are misusing or attempting
to misuse or circumvent the NYC Contractors services or system, or are
using or attempting to use it for any inappropriate, non-personal, or
commercial purposes, including but not limited to activities such as
hacking, infiltrating, fraud, advertising, jamming or spamming, NYC
Contractors reserves the right, in its sole discretion, to immediately
terminate your access without notice and to instigate without notice
appropriate legal actions or proceedings to seek appropriate remedies
and/or damages, including but not limited to lost revenue, repairs,
legal fees, costs and expenses, and to seek injunctions or other
equitable remedies.
TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO NAME, PHONE
NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT
MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF
PRIVACY RIGHTS OF OTHERS TO NYC Contractors AND ITS SERVICE
PROFESSIONAL PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND
EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST.
THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR
CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE
INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME
ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A
RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO
FULLY INDEMNIFY AND BE LIABLE TO NYC Contractors AND EACH NYC
Contractors SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR
THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF NYC
Contractors AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR
EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER,
INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL
OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER
SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING
THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE
AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES
THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND
FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES
RELATING THERETO, WHICH EVER IS GREATER.
6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB
SITE. Permission to use documents (such as press releases, datasheets,
content, informational items and FAQs) from the NYC Contractors server
("Server") is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such documents from the Server is
for informational and non-commercial or personal use only and will not
be copied or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Educational
institutions (specifically K-12, universities and state community
colleges) may download and reproduce the Documents for distribution in
the classroom. Distribution outside the classroom requires express
written permission of NYC Contractors. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible. Documents specified above do not include the design or
layout of the NYC Contractors web site or any other NYC Contractors
owned, operated, licensed or controlled site. Elements of NYC
Contractors web sites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from any NYC Contractors
web Site may be copied or retranNYCwsitted unless expressly permitted
by NYC Contractors. NYC Contractors AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS
SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HVAC - Contractors.com
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HVAC - Contractors.com AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. LINKS TO THIRD PARTY SITES. The links in the NYC Contractors web
site will let you leave NYC Contractors's web site. The linked sites
are not under the control of NYC Contractors and NYC Contractors is
not responsible for the content of any linked site or any link
contained in a linked site, or any changes or updates to such sites.
NYC Contractors is not responsible for webcasting or any other form of
tranNYCwsission received from any linked site. NYC Contractors is
providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by NYC Contractors of the site.
8. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS. NYC
Contractors currently uses the following criteria and procedures to
prescreen new lending service professionals applying for membership in
NYC Contractors's network of service professionals:
Licensing - At the time a prospective lending service professional
registers to be a lending Service Professional in the NYC Contractors
network, NYC Contractors checks licensing data from applicable state
or federal licensing agencies to check that the prospective Service
Professional meets the then current licensing or registration
requirements for the tasks that the prospective member indicates it
will perform in that state, as specified in their NYC Contractors
lending profile.
Bankruptcy - NYC Contractors contacts third party services that record
bankruptcy information to check that each new lending service
professional has no record of filing for bankruptcy within the last
three years from the time of initial registration.
Insurance - Where possible, at the time of initial registration NYC
Contractors checks for errors and omissions insurance coverage or
bonding as reported by the insurance agent for the new member.
For all of the above categories, NYC Contractors may not make any
subsequent or periodic checks or re-verifications after the initial
registration and is not undertaking to update any such information
after the initial registration. NYC Contractors may check other issues
or matters at its sole discretion in its screening process.
Please note that NYC Contractors, through it's services agreement with
HVAC - Contractors.com uses LoanWeb and iHomeOwner.com to provide
services of additional lenders that are not in the NYC
Contractors/HVAC - Contractors.com network of pre-screened lenders and
are not specifically known to NYC Contractors. These additional
lenders are not pre-screened by NYC Contractors or HVAC -
Contractors.com in anyway. They will not have a profile available and
they are also not available to be rated or reviewed by consumers.
These lenders are being provided as additional coverage to try to help
meet the needs and requests of our consumers.
Service Professionals Profiles: NYC Contractors allows Service
Professionals to post profiles about themselves and their business.
NYC Contractors does not review or verify the information or
representations set forth in those profiles as they are self-reported
by the Service Professional.
These procedures may change from time to time at the sole discretion
of NYC Contractors. NYC Contractors believes that it uses commercially
reasonable methods to check these matters but does not make any
representations or warranties that members are appropriately licensed,
bankruptcy free, or carry appropriate insurance at the time of
registration, during the period they are members, or thereafter. As
circumstances can change day to day, NYC Contractors advises consumers
to check these matters for themselves especially at future dates. NYC
Contractors does not represent or warrant the information received
from state or government agencies or from third party sources is
accurate, error free, or that it is up to date or updated to the point
that NYC Contractors checks such information. Most agencies have
periodic update cycles or schedules and this information is not
updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: NYC Contractors EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS,
CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE
PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT
THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT
OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION
PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
9. GENERAL PROVISIONS. You acknowledge and agree that the NYC
Contractors services are provided to you on an "AS IS" basis without
any warranty whatsoever, and your sole and exclusive remedy, and NYC
Contractors's sole obligation to you or any third party for any claim
arising out of your use of the NYC Contractors services or the NYC
Contractors Web site, is that you are free to discontinue your use of
the NYC Contractors services or the NYC Contractors Web site at any
time. NYC Contractors EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST
PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF NYC Contractors OR ITS
PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING
OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME
STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. You agree to indemnify NYC Contractors, and its
subsidiaries, affiliates, officers, employees, agents, co-branders,
and other partners and hold them each harmless from any and all claims
or demands, including attorney's fees, made by any third party due to
or arising from your use of the NYC Contractors services or connection
to the NYC Contractors web site or your violation of the Terms and
Conditions, or arising from your violation of any rights of a third
party. The Terms and Conditions will inure to the benefit of NYC
Contractors's successors, assigns and licensees. If any provision of
these Terms and Conditions shall be deemed unlawful, void or
unenforceable, for any reason, by any court of competent jurisdiction
that provision shall be stricken and shall not affect the validity and
enforceability of the remaining terms. These Terms and Conditions and
the use of our Web Site and services are governed by the laws of the
State of Colorado as such laws are applied to agreements entered into
and to be performed entirely in the State of Colorado and between
Colorado residents. You agree to submit to jurisdiction in Colorado
and that any claim arising under these Terms and Conditions will be
brought solely in Denver County, Colorado. The failure of NYC
Contractors to exercise or enforce any right or provision of the Terms
and Conditions shall not constitute a waiver of such right or
provision. 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 NYC Contractors services or the Terms and Conditions must
be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the Terms and Conditions
are for convenience only and have no legal or contractual effect.
10. Out of Network Matches. In the event that HVAC - Contractors.com
matches you to LoanApp.com, you will also be subject to the LoanApp
Terms of Use.
This Agreement constitutes the entire agreement between you and NYC
Contractors and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written or
electronic, between you and NYC Contractors with respect to the Web
site and information, software, products and services associated with
it. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. All
rights not expressly granted herein are reserved.
© 2003 NYCWS, LLC and HVAC - Contractors.com, Inc.
All rights reserved.
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