Brea/Orange County Plumbing, Heating & AC TERMS OF SERVICE Effective Date: 26th of March 2023
I. INTRODUCTION AND ELIGIBILITY
Please read these Terms of Service (“Terms”) carefully before using the Brea/Orange County Plumbing, Heating & AC website. Brea/Orange County Plumbing, Heating & AC and its affiliates and subsidiaries (collectively, “Brea/Orange County Plumbing, Heating & AC ”, “we”, or “us”) provide the materials, offers, products and services contained at our Internet website or sites (the “Site”) as a service to our customers and visitors. By accessing our Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms set forth below without limitation or qualification.
We have included several italicized annotations to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Site means you accept any changes. Please also note that Section XII of these Terms contains a mandatory arbitration provision and waiver provisions that affect your right to bring lawsuits against us in the event of a dispute. By using the Site you acknowledge that you have read and agreed to these Terms, including the arbitration and waiver provisions.
Age Eligibility. The Site is intended for use by individuals 18 years of age and older. By using the Site, you affirm you are at least 18 years of age and otherwise able to enter into a valid and binding contract. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. We are not liable for any damages that may result from your misrepresentation of age.
Geographical Eligibility. We provide the Site for use only by persons located within the United States. We make no representation that the Site or its content is appropriate or available for use in locations outside the United States. By registering for or using the Site, you acknowledge and agree that you may only use the Service within the United States.
II. THE SITE
The “Site” and the “Service(s)” mean this website, which is under our control.
We may communicate with you by email or posting notice on the Site. You may request that we provide notice of security breaches in writing.
Electronic Notices. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.
IV. SITE CONTENT OWNERSHIP AND USE AND DIGITAL MILLENNIUM COPYRIGHT ACT
We own or has right to all of the content we make available through the Site, but you may use it as you use the Site. You cannot use our logo without our written permission. The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Our Content”). The Site and all Our Content and the compilation (meaning the collection, arrangement, and assembly) of all Our Content are the property of ours or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or Our Content, in whole or in part.
License to You. We authorize you, subject to these Terms, to access and use the Site and our Content solely for your personal use, at our discretion, and do not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of our Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original our Content on any copy you make of our Content.
Our Marks. Brea/Orange County Plumbing, Heating & AC, the Brea/Orange County Plumbing, Heating & AC logo, and other Brea/Orange County Plumbing, Heating & AC logos and product and service names are or may be trademarks of ours (the “Our Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Our Marks.
Tell us if you think anyone has violated your copyright using the HomeServe Platform, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on or by using the HomeServe Platform infringe your copyright, you (or your agent) may send HomeServe a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HomeServe to locate the material on the HomeServe Platform;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HomeServe a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the HomeServe Platform should be sent to HomeServe USA Corp., ATTN: DMCA Notice, 601 Merritt 7, 6th Floor, Norwalk, CT, 06851 or emailed to DMCANotice@homeserveusa.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
V. SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall: own, exclusively, all now known or later discovered rights to the creative ideas; not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VI. SITE LIMITATIONS AND PROHIBITIONS
Please use the Site responsibly, and do not seek to harm our website.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws.
The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, or the technology and equipment supporting the Site;
- Frame or link to the Site without permission;
- Use data mining, robots, or other data gathering devices on or through the Site;
- Sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to us or others; or
- Access the Site from a jurisdiction where it is illegal or unauthorized.
VII. CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Site.
Termination or Suspension. We reserve the right to suspend or terminate your access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
Your Responsibility for Claims, etc. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
VIII. OUR LIABILITY
We are not liable for the actions of users when they use the Site. We may also change the Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Site or other websites.
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site, including content licensed by third parties. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. “Released Parties” include us and our affiliates, officers, directors, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Site at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may arise out of or be related to your use of the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY 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 WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, YOUR USE OF OUR CONTENT, OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any of our Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
IX. FORCE MAJEURE
To the fullest extent permitted under applicable law, We will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to or access in excess of authorization of our information technology systems; or (g) other causes beyond the reasonable control of ours.
X. GENERAL TERMS
XI. CONSUMER PROTECTION NOTICE
Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Service.
XII. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL
We are located in the state of our home office, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.
These Terms and the relationship between you and us shall be governed by the laws of the state of our home office without regard to its conflict of law provisions. You agree to first contact us using the “Contact Information” below regarding any claim or controversy arising out of or relating to these Terms or your use of the Site. You and we agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within thirty (30) miles from our home office. You covenant not to sue us in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that we may recover reasonable attorneys’ fees from you if we prevails in an action for injunctive relief against you. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
The Site is provided by us. If you have any questions, comments or complaints regarding these Terms or the Site, feel free to contact us.