Terms & Conditions of Website Use
Duron Smith A/C & Heat welcomes you to our site. The following Website Terms and Conditions Agreement (the “Agreement”) governs your use of the Internet website owned and operated by Duron Smith A/C & Heat (the “Service”). Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Service constitutes your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service.
You are required to comply with all applicable laws in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Duron Smith A/C & Heat. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
The professional information contained in this website is provided for educational purposes only and is not intended to replace discussions with a licensed technician or other air conditioning, heating, heat pump, split-system or plumbing specialist. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that Duron Smith A/C & Heat is providing the materials for informational purposes only and that Duron Smith A/C & Heat is not providing the Materials to you for the purpose of giving you equipment servicing advice. You should not rely solely on the Materials when choosing a service or installation plan, but should speak with and Duron Smith A/C & Heat trained representative prior to taking any action on air conditioning, heating, heat pump, plumbing or other electrical or plumbing systems. Duron Smith A/C & Heat strongly urges that you consult with a specialist in connection with any and all installation or service options that may be available to you.
Links to Third-Party Services
This Service may contain links to other Services (“Linked Services”). The Linked Services are not under the control of Duron Smith A/C & Heat, and Duron Smith A/C & Heat is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Duron Smith A/C & Heat is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Duron Smith A/C & Heat in favor of any company offering Internet services, products or services on the Linked Services.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Duron Smith A/C & Heat or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Duron Smith A/C & Heat or any third party.
The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Duron Smith A/C & Heat. Requests for permission to reproduce any information contained on this Service should be addressed to Duron Smith A/C & Heat Attn: Legal Department, 1939 W Park Ave, Edgewater, FL 32132 e-mail: firstname.lastname@example.org.
Notwithstanding the above, Duron Smith A/C & Heat authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for noncommercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create, directly or indirectly, a collection, compilation, database or directory without written permission from Duron Smith A/C & Heat is prohibited.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Duron Smith A/C & Heat or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Duron Smith A/C & Heat or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Duron Smith A/C & Heat or any third party.
Modification of This Agreement
Duron Smith A/C & Heat reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use the Service.
Updating Your Information
If you need to update any of your online and/or off-line contact information, please send an email to Duron Smith A/C & Heat’s Customer Service: email@example.com or a letter to Duron Smith A/C & Heat Attn: Customer Service, 1939 W Park Ave, Edgewater, FL 32132
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS.” Duron Smith A/C & Heat MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. Duron Smith A/C & Heat DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Duron Smith A/C & Heat DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Duron Smith A/C & Heat OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Duron Smith A/C & Heat MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
Limitation of Liability
IN NO EVENT WILL Duron Smith A/C & Heat OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THIS SERVICE OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
Duron Smith A/C & Heat RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF Duron Smith A/C & Heat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Duron Smith A/C & Heat LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Duron Smith A/C & Heat, you agree to defend, indemnify and hold harmless Duron Smith A/C & Heat and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement or your violation of any rights of another.
Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide Duron Smith A/C & Heat’s Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Service that is requested to be removed;
- Your name, address and daytime telephone number, and an e-mail address if available, so that Duron Smith A/C & Heat may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Duron Smith A/C & Heat’s Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows: Legal Department Copyright Agent Duron Smith A/C & Heat 1939 W Park Ave, Edgewater, FL 32132 e-mail: firstname.lastname@example.org
Duron Smith A/C & Heat will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You and Duron Smith A/C & Heat expressly agree to submit to the exclusive jurisdiction and venue of the courts in Illinois in all disputes arising out of or relating to the use of this Service.
The failure of Duron Smith A/C & Heat to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Duron Smith A/C & Heat as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Duron Smith A/C & Heat’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Duron Smith A/C & Heat with respect to such use. 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.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Duron Smith A/C & Heat and governs your use of this Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Duron Smith A/C & Heat guarantees that, if for any reason you are not 100% satisfied with the installation or repair service provided, for a period of one (1) year following the initial date of the installation or repair service in question, we will, at your option: (a) perform the installation or repair service again at no additional cost; or (b) issue a full refund for the installation or repair service charged. This guarantee applies for a limited period of one (1) year following the initial date of the installation or repair service performed by Duron Smith A/C & Heat. This guarantee only applies to the workmanship of the installation or repair services performed by Duron Smith A/C & Heat technicians and does not apply to any products, including but not limited to the performance or defects of such products installed or serviced by our technicians. This guarantee does not apply any defects arising from use of the system or product for a purpose other than its intended purpose, misuse, alteration, accident, abuse or failure to maintain the product serviced or installed. Customer must provide prompt notice to Duron Smith A/C & Heat of less than full satisfaction with the installation or repair service.