Welcome to All About Comfort Heating and Cooling and our website at www.allaboutcomfortheatingandcooling.com (our “website”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and us governing the use of our website and our services. We license use of our website to you on the basis of these Terms.
- ABOUT US
1.1. We are All About Comfort Heating and Cooling LLC of 2123 NW Hedgewood Dr, Grain Valley, MO 64029, United States (“All About Comfort”, “we”, “us”, “our”).
1.2. To contact us, please use our Contact Form.
1.3. These Terms were last updated on Friday, November 8th, 2024, and are the current and valid version.
1.4. The All About Comfort logo as well as related names, marks, emblems, and images are copyright of All About Comfort Heating and Cooling LLC. All rights reserved © 2024 All About Comfort Heating and Cooling LLC.
- TERMS OF USE
2.1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
2.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non exclusive, and non-transferable license to use our website on these Terms.
2.3. We reserve the right to change, modify, suspend, or discontinue any portion of these Terms, our website, or any other products, services, affiliated websites, and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
2.4. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote, or market any products or services of any third party or yourself.
2.5. The following additional terms also apply to your use of our website and form part of these Terms:
2.5.1.our Privacy Policy
2.5.2.our Cookie Policy
- OUR BLOG
3.1. The All About Comfort blog and its contents have been compiled with the greatest possible care. However, we do not accept any liability or guarantee for the topicality, correctness, and completeness of the information provided on our blog.
3.2. Liability claims against us, our directors, officers, employees, and agents, which refer to material or non-material damages which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on our part.
3.3. We expressly reserve the right to change, supplement, or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.
3.4. All data is published conscientiously but without guarantee.
3.5. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction, and translation, are reserved and require our written consent. Unauthorized use, even of extracts, will be prosecuted.
3.6. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the information, services, and other content contained on our website. We may, from time to time, change or add to our website without notice. However, we do not undertake to keep our website updated. We are not liable to you or anyone else if errors occur in the information on our website or if that information is not up-to-date.
- ACCEPTABLE USE POLICY
4.1. You may use our website only for lawful purposes. You may not use our website: 4.1.1.in any way that breaches any applicable local or international laws or regulations; 4.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
4.1.4.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2. You also agree:
4.2.1.not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
4.2.2.not to access without authority, interfere with, damage, or disrupt:
4.2.2.1. any part of our website;
4.2.2.2. any equipment or network on which our website is stored;
4.2.2.3. any software used in the provision of our website; or
4.2.2.4. any equipment or network or software owned or used by any third party. 4.3. Except as expressly set out in these Terms or as permitted by any applicable law, you undertake:
4.3.1.not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website, nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
4.3.2.not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code) in any form to any person without prior written consent from us;
4.3.3.to include our copyright notice on all entire and partial copies you make of our website on any medium;
4.3.4.to comply with all applicable technology control or export laws and regulations; and 4.3.5.not to disrupt, disable, or otherwise impair the proper working of the services, our website, or our servers, such as through hacking, cyberattacks (including but not limited to denial of-service attacks), tampering, or reprogramming.
- INTELLECTUAL PROPERTY RIGHTS
5.1. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
5.2. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative
purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
5.3. You acknowledge that you have no right to have access to our website in source code form. 5.4. You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a license to do so from us or our licensors.
- WARRANTIES
6.1. While we make all efforts to maintain the accuracy of the information on our website, we provide the website, and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
6.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the related content, or electronic communications sent by us are free of viruses or other harmful components.
6.3. You agree that your use of the website is at your sole risk. You will not hold All About Comfort or its third-party licensors or suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the website , including without limitation any loss or damage to any of your computers or data.
- LIMITATION OF LIABILITY
7.1. You agree not to use our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use our website, or any other website or software) for:
7.1.1.loss of profits, sales, business, or revenue;
7.1.2.business interruption;
7.1.3.loss of anticipated savings;
7.1.4.loss or corruption of data or information;
7.1.5.loss of business opportunity, goodwill or reputation; or
7.1.6.any other indirect or consequential loss or damage.
7.2. Nothing in these Terms shall limit or exclude our liability for:
7.2.1.death or personal injury resulting from our negligence;
7.2.2.fraud; and/or
7.2.3.any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
7.3. These Terms set out the full extent of our obligations and liabilities in respect of the supply of our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- INDEMNITY
You agree to indemnify and hold us, our related corporations and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
- BINDING ARBITRATION
9.1. If we are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
9.2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in Kansas City, Missouri and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org.
9.3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. 9.4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
9.5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
- CLASS ACTION WAIVER
The parties agree that (i) no arbitration proceeding hereunder, whether a consumer dispute or a business dispute, shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers, potential customers, or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.
- WAIVER OF JURY TRIAL
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.
- OTHER IMPORTANT TERMS
12.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
12.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
12.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
12.5. Each Party acknowledges that, in entering into these Terms, it does not rely on any representation, warranty, or other provision except as expressly provided in these Terms, and all conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.8. These Terms shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its choice of law provisions.