Terms
of Use
All Seasons
Heating and Air, Inc., provides this web site comprised of Web pages
located at AllSeasonsHeatingandAir.com
and other Web addresses using "allseasonsheatingandair.com" in such
addresses (collectively, the "Site") subject to your compliance
with the terms and conditions set forth below (the "Terms of Use").
Please read the Terms of Use carefully because it constitutes a
legally binding contract between you and All Seasons Heating and
Air and governs your use of the Site and the services provided thereon.
In an effort to comply with the Children's Online Privacy Protection
Act, All Seasons Heating and Air will not knowingly collect personally
identifying information from children under the age of 13.
ADDRESS AND CONTACT INFORMATION
All Seasons Heating and Air is a West Portsmouth, Ohio limited liability
corporation. All Seasons Heating and Air's mailing address is 1819
Galena Pike, West Portsmouth, OH 45663-6052. You may contact All
Seasons Heating and Air at info@allseasonsheatingandair.com.
SERVICES PROVIDED BY ALL SEASONS HEATING AND AIR
All Seasons Heating and Air currently provides users with access
to a collection of information, entertainment, web search capabilities,
shopping channels and other commercial content and services. Much
of the content and services included or linked to in the Service
is provided by third parties that have no affiliation with All Seasons
Heating and Air. Similar to other media properties, All Seasons
Heating and Air includes display of advertisements and promotions
that make it possible for us to deliver to you other non-advertising
content.
SERVICES PROVIDED BY ALL SEASONS HEATING AND AIR
All Seasons Heating and Air currently provides users with access
to a collection of information, entertainment, web search capabilities,
shopping channels and other commercial content and services via
our web site. Much of the content and services included or linked
to in the Service is provided by third parties that have no affiliation
with All Seasons Heating and Air. Similar to other media properties,
All Seasons Heating and Air includes display of advertisements and
promotions that make it possible for us to deliver to you other
non-advertising content. USE OF THE SITE Please read the Terms of
Use and our Privacy Policy carefully before using the Site or the
Service. The Terms represent a legal agreement between you (either
an individual or a single entity), as an end user, and All Seasons
Heating and Air. By using the Site or the Service, you agree to
be bound by all of the terms and conditions stated in the Terms
of Use and to comply with our Privacy Policy. If you do not wish
to be bound by the conditions of the Terms, you may not access or
use the Site or the Service. All Seasons Heating and Air may revise
the Terms of Use or the Privacy Policy at any time without notice
and such modifications shall be deemed effective immediately upon
posting of the modified Terms of Use or Privacy Policy, as the case
may be. You agree to review the Terms of Use and the Privacy Policy
periodically to be aware of such modifications, and your continued
access or use of the Site or the Service shall be deemed conclusive
acceptance by you of the modified Terms of Use or Privacy Policy,
as the case may be. If any changes or modifications to the Terms
of Use or Privacy Policy are unacceptable to you, you should cease
using the Site and/or the Service. As a condition of your use of
the Site and/or the Service, you warrant to All Seasons Heating
and Air that you will not use the Site and/or the Service for any
purpose that is unlawful or prohibited by the Terms of Use. All
Seasons Heating and Air expressly prohibits any unauthorized commercial
use of the Service or the resale of the Service. You agree to abide
by all applicable local, state, national and international laws
and regulations and are solely responsible for all acts or omissions
attributable to you. All Seasons Heating and Air has no obligation
to monitor the Service or any user's use thereof or retain the content
of any user session. However, All Seasons Heating and Air reserves
the right at all times to monitor, review, retain and/or disclose
any information as it deems necessary, in its sole discretion, to
satisfy any applicable law, regulation, legal process or governmental
request.
Please be aware that the Service may include links to third-party
content and/or web sites that may contain adult or mature content,
such as dating services, online gambling, etc. You much be at least
18 years of age to access such areas. You also understand and agree
that All Seasons Heating and Air shall not be responsible and shall
have no liability for any content provided by third parties that
is included or linked to in the Service, and that you access and/or
use such content and/or third-party web sites providing such content
solely at your own risk. You agree that your sole remedy in connection
with any such third-party content or web site will be with the third
party providing such content and/or web site.
INTELLECTUAL PROPERTY
All text, graphics and multimedia content available from the Site
and pages within the Site and all related code, including, but not
limited to, the All Seasons Heating and Air mark, the "All Seasons
Heating and Air" logo, HTML, other mark-up languages, and all scripts
within this Site ("Intellectual Property") are the property of All
Seasons Heating and Air, its partners, or its licensors and are
protected by copyright, trademark and other intellectual property
laws. The Intellectual Property may not be copied, reproduced, republished,
modified, uploaded, posted, transmitted or distributed in any way.
Unless otherwise expressly permitted in writing by the owner of
the Intellectual Property, the use of the Intellectual Property
on any third party website or computer environment is prohibited.
If you believe any material on this Site is infringing your copyrights
or the copyrights of a third party, please contact All Seasons Heating
and Air immediately. Pursuant to the Digital Millennium Copyright
Act, All Seasons Heating and Air has designated a registered agent
to receive copyright infringement claims (the "Designated Agent").
You may notify All Seasons Heating and Air of alleged copyright
infringement by contacting the Designated Agent at: info@allseasonsheatingandair.com.
PRIVACY STATEMENT
You agree that All Seasons Heating and Air shall have the right
to use any information collected from you or provided by you incident
to your use of this Site or your use of the Service as set forth
in All Seasons Heating and Air's Privacy Policy.
THIRD PARTIES
You understand that All Seasons Heating and Air may permit third
party product and service providers ("Third Party Vendors") to advertise
or offer their products and services on this Site ("Third Party
Products") or have links to their own web sites ("Linked Sites"),
in order to facilitate the provision of Third Party Products to
you. However, you acknowledge and agree that at no time is All Seasons
Heating and Air making any representation or warranty regarding
any Third Party Products, nor will All Seasons Heating and Air be
liable to you or any third party for any claims arising from or
in connection with such Third Party Products. You also understand
and agree that the Linked Sites are not under the control of All
Seasons Heating and Air and All Seasons Heating and Air 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 Linked Sites. All Seasons
Heating and Air is not responsible for webcasting or any other form
of transmission received from any Linked Site. All Seasons Heating
and Air is providing these links to Linked Sites to you only as
a convenience, and the inclusion of any link does not imply endorsement
by All Seasons Heating and Air of the Linked Site.
MODIFICATION OR DISCONTINUATION OF SITE
All Seasons Heating and Air reserves the right at any time to modify
or discontinue, temporarily or permanently, the Site and/or the
Service (or any part thereof) with or without notice. You agree
that All Seasons Heating and Air shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Site or the Service.
WAIVER OF CLAIMS
By accessing or using this Site and/or the Service, you hereby disclaim
and waive any rights and claims you may have against All Seasons
Heating and Air with respect to Third Party Products or Linked Sites,
to the maximum extent permitted by law. YOU HEREBY WAIVE ANY CLAIM
THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE
REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR
THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER
AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE
OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO
THE TERMS OF USE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM
OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
LIMITATION OF LIABILITY
You specifically agree that All Seasons Heating and Air shall not
be liable for losses or liabilities arising in connection with your
use of this Site or the Service, including, but not limited to loss
or liability:
resulting from data non-delivery, data mis-delivery or unauthorized
access to transmissions or data; resulting from acts of God; resulting
from the unauthorized use or misuse of any registration data provided
by you that is intended to remain confidential; from threatening,
defamatory, obscene, offensive or illegal content or conduct of
any third party; arising in connection with your infringement of
a third party's right, including intellectual property rights; resulting
from errors, omissions or misstatements in any and all information
or services provided by All Seasons Heating and Air to you; or resulting
from the damage to your computer or Internet connection attributable,
directly or indirectly, to your use of the Service and/or the Client
Application used to push you the Service automatically. WITHOUT
LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
WNXT RADIO SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR
RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR THE SERVICE,
OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF
WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER
LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE
AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE
ADVISED ALL SEASONS HEATING AND AIR OF THE POSSIBILITY OF ANY SUCH
LOSS OR DAMAGE.
INDEMNIFICATION
You agree to release, indemnify, defend and hold All Seasons Heating
and Air, its parents, subsidiaries, affiliates, officers and employees,
harmless from any liabilities, claims, demands, losses, costs and
expenses, or damages, including attorneys' fees, asserted by any
third party ("Claims") due to or arising out of your use of or conduct
on this Site or the Service.
NO WARRANTIES
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND
NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, ALL SEASONS
HEATING AND AIR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WNXT RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED,
USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
Unless otherwise specified, all materials and services in the Site
are presented solely for the use in the United States, its territories,
possessions and protectorates. All Seasons Heating and Air controls
and operates the Site from its offices within the State of Ohio,
U.S.A. and all transactions conducted on the Site are conducted
in the State of Ohio. All Seasons Heating and Air makes no representation
that materials in this Site are appropriate or available for use
in other locations. Those users who choose to access this Site from
other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. Use of or access to this Site should not be construed
as the purposeful availment of the benefits or privilege of doing
business in any state other than the State of Ohio by All Seasons
Heating and Air.
TRANSMISSION OF PERSONAL INFORMATION
A user's personal information may be transmitted over third party
carriers and equipment outside the control of All Seasons Heating
and Air. There is always the risk of loss, misuse or alteration
by third parties of personal information. All Seasons Heating and
Air assumes no liability for or relating to the entry, delay, failure,
loss, interruption or corruption of any data or other information
which is transmitted for any purpose.
GENERAL PROVISIONS
No Relationship Created.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and All Seasons Heating and Air
as a result of the Terms of Use or your use of the Site and/or the
Service.
Compliance with Laws.
All Seasons Heating and Air performance of the Terms of Use is subject
to existing laws and legal process, and nothing contained in the
Terms of Use is in derogation of All Seasons Heating and Air's right
to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Service or information
provided to or gathered by All Seasons Heating and Air with respect
to such use.
Severability.
If any part of the Terms of Use is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the Terms of Use
shall continue in effect. If no enforceable provision can be substituted,
then that provision shall be deemed severable from the Terms of
Use and shall not affect the validity and enforceability of any
remaining provisions.
Electronic Form.
A printed version of the Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Governing Law; Jurisdiction.
The Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the State of Ohio, without regard to
its conflicts of law principles. You shall bring any action to enforce
the Terms of Use or in connection with any matters related to this
Site only in either the state or Federal courts located in Scioto
County, Ohio. You expressly consent to the jurisdiction of said
courts. Use of the Service is unauthorized in any jurisdiction that
does not give effect to all provisions of the Terms of Use, including
without limitation this paragraph.
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