Website terms and conditions

H2O HEATING PROS, INC.

WEBSITE TERMS AND CONDITIONS

1) SCOPE OF AGREEMENT

This Terms and Conditions Agreement (this “Agreement”) by and between H2O Heating Pros, Inc. (“we”, “us”, “our” or “Company”) and you (“you” or “your”) governs your use of the h2oheatingpros.com website or controlled websites (collectively, “h2oheatingpros.com Websites”) together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the h2oheatingpros.com Websites shall be collectively referred to as the “Services”). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services in any manner.

When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. 

We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes by posting the changes on the h2oheatingpros.com Websites. Changes will take effect immediately. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

2) CONSENT TO RECEIVE COMMUNICATIONS

If you enter your information in an online form and indicate your consent to receive emails, telephone calls, text messages or any other communications from us, you acknowledge and agree to the fullest extent allowed by law that we may contact you by any means allowed by law including by means of an automatic telephone dialing system or pre-recorded or artificial voice message. Your consent permits us to contact you with informational updates, appointment reminders, notifications, and similar transactional details related to services you have requested, as well as with promotional and marketing information related to heating, plumbing, and other home or commercial services that we offer. You understand that your consent for further contact is not a condition of purchasing any goods or services. You always have the right to decline to provide us with information and you may opt out of receiving these communications at any time after your consent has been given. Depending on the method of contact and your jurisdiction, there are various means to opt-out. Most of those are described in more detail in our Privacy Policy and include contacting us directly, submitting the appropriate form, or using the “unsubscribe” prompts contained at the bottom of email communications. When you consent to receive text messages, your carrier message and data rates may apply. Message frequency may vary depending on the services requested or inquired about. In addition to other means for contacting us described below, you may follow the prompts within text messages to take certain actions. For example, you can reply “HELP” at any time to get our contact information or “STOP” to opt-out of receiving further text messages.

3) PAYMENT

Service calls are billed on a time and material basis. All bid work is done on a fixed up front price. The price includes materials, tax, and labor. No breakdown will be provided. Payment for the work shall be immediately due upon completion of the Services. No deduction shall be made from payments due on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments on account of the cost of changes or defects in the work. You agree and recognize that payment for Services rendered by us when due is an express condition precedent to us continuing work. You recognize that the failure to pay for Services rendered when due shall entitle us to terminate work immediately. In the event that we terminate work for non-payment, we shall be entitled to all of our reasonable expenses incurred in collecting payment from you, including but not limited to cost of labor, materials, a reasonable allowance for overhead and profit, attorneys’ fees, court costs and fees, and all other compensation as allowed by law.

4) LICENSE, PERMITS, FEES

You shall furnish and pay for at your own expense all taxes, permits, and license fees required to legally perform the Services. Access to the property for an agent must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to you.

5) INTELLECTUAL PROPERTY

All content published and made available on our Website is the property of H2O Heating Pros, Inc.  This includes but is not limited to text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and trade secrets, trademarks, trade names, service marks, and copyrights, and anything similar that contributes to the composition of our Website contained therein (collectively, the ”Intellectual Property”). All use of such Intellectual Property accessible on our Website is restricted and must comply with these Terms and Conditions. No express or implied rights are conferred on you to use such Intellectual Property. The compilation of all Intellectual Property through the Website is the exclusive intellectual property of H2O Heating Pros, Inc., and protected by U.S. and other applicable copyright laws. Except as explicitly permitted by these Terms and Conditions or the functionality of the Website, the Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Intellectual Property of the Website without notice.

H2O Heating Pros, Inc., grants you a limited license to access and make personal, non-commercial use of the Website and all Intellectual Property thereon, subject to these Terms and Conditions. This limited license gives you the right to view all Content and download or print a single copy of the Intellectual Property for your personal, non-commercial use. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy of such material. The Website and Content may not be used, reproduced, duplicated, copied, downloaded, scraped, sold, resold, visited, reverse engineered, decompiled, merged, disassembled, distributed, transformed, or otherwise exploited, in whole or in part (including via hyperlink), for any commercial purpose, including to create derivative works, without express written consent from the Company. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process, with our Intellectual Property for any purpose including to continuously and automatically search, scrape, extract, deep link or index any Intellectual Property, use Intellectual Property to train an algorithm or model, or cause disruption to the working of the Website or any other person’s use of the Website. Any legal rights that cannot be limited by agreement are excluded from this provision.

6) INTERACTIVE SERVICES

As a part of and in connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, bulletin boards and other interactive functionality (“Interactive Services”). If you participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) you upload, post, link to or otherwise transmit (collectively “transmit”) and the consequences thereof.  YOU CAN BE HELD LEGALLY LIABLE FOR WHAT YOU TRANSMIT.  If you choose to transmit any Content using such Interactive Services, you agree to do so solely for lawful purposes, in compliance with all applicable laws, and in a professional manner. You expressly agree that we have no responsibility for or control over the Content you may transmit using these Interactive Services.  We make no representation that your use of the Interactive Services will comply with applicable laws or that they were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit via the Interactive Services by all means and in any media now known or hereafter developed for any use or purpose. In addition, by using the Services, you agree to release the Company and its advertisers from any liability arising from Content transmitted by anyone on the Interactive Services, and you agree to release, hold harmless, indemnify and defend the Company and its advertisers from any and all legal or civil actions and penalties and costs, including without limitation attorneys’ fees, arising from any Content you transmit.

7) LINKS

The Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services made available on or through any such site or resource.

​8) PRIVACY

The Company respects your right to privacy of your personal information. Please review our Privacy Policy details on the manner in which we collect, use, disclose and otherwise manage your personal information.

9) LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF 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 ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING THE INTERACTIVE SERVICES), OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

10) INDEMNIFICATION

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your information. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end. 

11) DISCLAIMER OF WARRANTY

THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12) GOVERNING LAW AND INTERPRETATION

All matters relating to the Website, these terms and conditions, your use of the Services, and any disputes or claims arising therefrom or related thereto will be interpreted and governed under and governed by the substantive laws of the State of California, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with us or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the State of California, County of San Diego. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non-convenience or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act (“UCITA”). This Agreement may not be modified by anyone except in writing signed by an authorized officer of the Company. 

13) WAIVER AND SEVERABILITY

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

14) TERMINATION

We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us.  

15) OUR CONTACT INFORMATION

We are open 24 hours a day, 7 days a week. You can contact us via:

Phone: (888) 383-4203 or Email: email@h2oheatingpros.com