I. Overview of the TOU
By accessing and using the Website, you (“User”) agree to be bound by all provisions of the TOU, including any additional terms and conditions referenced and/or available by hyperlink, in the TOU. Any contrary or additional terms or conditions proposed or provided by User are rejected and do no bind Company in any way, unless separately agreed to in writing signed by Company.
Company may modify the TOU unilaterally at any time in its sole discretion. Any use of the Website constitutes User’s acceptance of the then-current TOU. It is User’s responsibility to review the TOU periodically for any updates. Any of the material on the Website may be out of date at any given time, and Company is under no obligation to update such material.
Company reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in its sole discretion, without notice. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company reserves the right to restrict access to some parts of the Website, or the entire Website, to Users.
II. Access and Password Management
To access some or all of the Website, you may be asked to provide certain information, including personally identifiable information (“PII”).
If User chooses or is provided with a User Name, Password, or any other piece of information as part of Company’s security procedures or in order to access all or part of the Website, User must treat such information as confidential and must not disclose it to any other person or entity. User acknowledges that User’s account is personal to User, and agrees not to provide any other person with access to the Website or portions of it using User’s User Name, Password, or other security information. User shall notify Company immediately of any unauthorized access to User’s User Name, Password, or any other breach of security.
User also shall exit from User’s account at the end of each session. User should use particular caution when accessing the Website or User’s account from a public or shared computer, or using public internet access or wifi, so that others are not able to view or record your Password or other PII.
Company reserves the right to disable any User Name, Password, or other identifier at any time and in its sole discretion for any or no reason, including if, in Company’s opinion, User has violated any provision of the TOU.
III. Ownership and Rights to Content; Limitations on Use of the Website
The Website and its entire contents, features, and functionality, including but not limited to all information, trademarks, copyrights, patents, or other forms of intellectual property, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by Service Experts, its parents, subsidiaries, affiliates, licensors, or other providers of such material (“Content”). All Content is protected by United States and international intellectual property laws. User’s access to the Website does not grant User any right, title, interest, or license to any Content. Any unauthorized use of the Content may subject User to civil or criminal liability.
The Service Experts name, the terms, and all related names, logos, product and service names, designs, and slogans (including but not limited to “Service Experts,” “Advantage Program,” and “ACE Certification”) are trademarks of Service Experts, its parents, subsidiaries, affiliates, or licensors. User must not use such marks without the express prior written consent of Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
User is permitted to access and use the Website and the Content solely for User’s personal, non-commercial use. User may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute, or transmit any material on the Website or make any derivative works from the Website in any way without Company’s express prior written consent.
If User copies or downloads any information from the Website in accordance with, and to the extent permitted by the TOU, User must not:
· Modify copies of any materials from the Website.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
· Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code form or structure of the Website.
User must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
In addition, User must not:
· Establish a link to the Website without express prior written consent of Company.
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
IV. User Contributions
The Website may contain message boards, chat rooms, forums, bulletin boards, reviews and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in the TOU.
Any User Contribution posted to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, User grants Company and its service providers, and each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
User represents and warrants that:
· User owns or controls all rights in and to the User Contributions and have the right to grant the license granted above to Company and its parents, subsidiaries, affiliates and service providers.
· All User Contributions do and will comply with the TOU.
User understands and acknowledges that User is responsible for any User Contributions, and User, not Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted on the Website.
V. Monitoring, Enforcement and Termination
Company has the right, but not the obligation, to:
· Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
· Take any action with respect to any User Contribution that Company deems necessary or appropriate in Company’s sole discretion.
· Disclose User’s identity or other information about User to any third party who claims that material posted by User violates that party’s rights, including its intellectual property rights or right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend User’s access to all or part of the Website for any or no reason, including without limitation, any violation of the TOU.
· Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Company does not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
VI. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Impersonate any person, misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.
· Encourage excessive, inappropriate or irresponsible alcohol consumption.
VII. Reliance on Information on the Website
The information presented on or through the Website is made available solely for general informational purposes. Company does not promise that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that use of the Website will provide specific results. Any reliance User places on such information is strictly at User’s own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible or liable for the content or accuracy of any materials provided by any third parties.
VIII. Information About Users and Visits to the Website
IX. Links from the Website
X. Disclaimer of Warranties
USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT USER’S OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS.
XI. Limitation on Liability; Class Action (and similar) waiver
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. In no event shall the total liability of Company for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the TOU or use of the Website exceed, in the aggregate, one hundred ($100.00) U.S. dollars.
Further, User agrees that no class, collective, representative, or similar actions can be asserted in litigation, arbitration or otherwise. All claims, however or wherever brought, must be brought solely in User’s individual capacity, and not as a plaintiff, participant, or member in any purported class, collective, representative, or similar proceeding.
User shall defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to User’s violation of the TOU or User’s use of the Website, including, but not limited to, User Contributions, any use of the Website's content, services, and products other than as expressly authorized in the TOU, or User’s use of any information obtained from the Website.
XIII. Governing Law and Jurisdiction
All matters relating to the Website and the TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within Dallas County, Texas.
Notwithstanding the foregoing, the Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Company intends to make such products or services available in such countries. Any offer for any product, feature or made on the Website is void where prohibited.
XIV. Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THE TOU OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XV. Waiver and Severability
No waiver by Company of any term or condition set out in the TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision shall not constitute a waiver of such right or provision.
If any provision of the TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.
XVI. Entire Agreement