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Terms and Conditions

Agreement between User and www.heatcoolbids.com.

 

The www.heatcoolbids.com website (the “Site”) and is comprised of various web pages operated by Heat-Cool Bids LLC (“Heat-Cool Bids”). www.heatcoolbids.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.heatcoolbids.com constitutes your agreement to all such Terms. Please read them carefully and keep a copy of them for your reference.

 

www.heatcoolbids.com is a residential HVAC sales lead generation website. Its purpose is to enable homeowners to post their HVAC-related projects through submission of a form. Qualified HVAC mechanical contractors who are paid members can then access this information, in the form of a sales lead, and attempt to provide a quotation for this from their company.

 

Privacy

 

Your use of www.heatcoolbids.com is subject to Heat-Cool Bids’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

 

Visiting www.heatcoolbids.com, completing forms, or sending emails to Heat-Cool Bids constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that that such communications be in writing.

 

Your Account

 

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Heat-Cool Bids is not responsible for third party access to your account that results from theft or misappropriation of your account. Heat-Cool Bids and its associates reserve the right to refuse or cancel service, terminate accounts, remove or edit content in our sole discretion.

Payment Terms and Refund Policy

Contractors partnering with Heat-Cool Bids are subject to a service fee, billed on the first of the month on an ongoing monthly basis, unless Heat-Cool Bids receives a  request via email at heatcoolbids@gmail.com to cancel this agreement with that contractor. 

 

Payment is due within seven (7) days of the invoice date. Failure to pay within this timeframe will result in an immediate suspension of the contractor's account until the invoiced amount has been paid in full. Heat-Cool Bids does not charge late fees. Payment is to be made via credit card through PayPal. No cash or check payments will be accepted. It is the contractor's responsibility to ensure that credit card information is up-to-date so that no interruption in payment occurs.

 

Heat-Cool Bids will not issue any refunds for previous payments made. Contractors wishing to cancel their agreement with Heat-Cool Bids must do so before the end of the current month to avoid being billed for the upcoming month. Any disputes or discrepancies in invoices must be brought to the attention of Heat-Cool Bids via email prior to the next month's billing cycle. 

 

Children Under Thirteen

 

Heat-Cool Bids does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.heatcoolbids.com only with the permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

 

www.heatcoolbids.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Heat-Cool Bids and Heat-Cool Bids is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heat-Cool Bids provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heat-Cool Bids of the site or any association with its operators.

 

Certain services made available via www.heatcoolbids.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.heatcoolbids.com domain, you hereby acknowledge and consent that Heat-Cool Bids may share such information and data with any third party with whom Heat-Cool Bids has a contractual relationship to provide the requested product, service, or functionality on behalf of www.heatcoolbids.com users and customers.

 

Unlawful Use or Prohibited Use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.heatcoolbids.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Heat-Cool Bids that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which would damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Heat-Cool Bids or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Heat-Cool Bids is not responsible for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Heat-Cool Bids and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Heat-Cool Bids or our licensors except as expressly authorized by these Terms.

 

International Users

 

The Service is controlled, operated, and administered by Heat-Cool Bids from within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Heat-Cool Bids Content accessed through www.heatcoolbids.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Heat-Cool Bids, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation any applicable laws, rules, or regulations. Heat-Cool Bids reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Heat-Cool Bids in asserting any available defenses.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. The arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and Heat-Cool Bids agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEAT-COOL BIDS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

HEAT-COOL BIDS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS OR SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  HEAT-COOL BIDS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS OR SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMU EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEAT-COOL BIDS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEAT-COOL BIDS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

 

Heat-Cool Bids reserves the right, in its sole discretion, to terminate your access to the Site and the related services of any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota, and you hereby consent to the exclusive jurisdiction and venue of courts of Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heat-Cool Bids exists as a result of this agreement or use of the Site. Heat-Cool Bids’ performance of this agreement is subject to existing laws, and legal process, and nothing contained in this agreement is a derogation of Heat-Cool Bids’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Heat-Cool Bids with respect to such use. If any part of this agreement 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 agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heat-Cool Bids with respect to the Site and it supersedes all prior contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Heat-Cool Bids with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

Heat-Cool Bids reserves the right, in its sole discretion, to change the Terms under which www.heatcoolbids.com is offered. The most current version of the Terms shall supersede all previous versions. Heat-Cool Bids encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

 

Heat-Cool Bids welcomes your questions or comments regarding the Terms:

 

Heat-Cool Bids LLC

MN 55113

 

Email:

heatcoolbids@gmail.com

 

 

Effective as of April 17, 2024

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