M and M Website Terms of Use
These Terms of Use (“Terms”) are a legal contract between you (“you”) and M and M (“Company”, “us”, “our” or “we”) and govern your use of the website located at the URL: https://www.mandmhvac.com/ (the “Site”) and all the text, data, information, software, graphics, videos, audio, photographs and other materials (the “Materials”) that we and our affiliates may make available to you through any area of the Site.
READ THESE TERMS CAREFULLY BEFORE BROWSING THE SITE. USING THE SITE AND/OR ANY MATERIALS INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE SITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Changes
We may alter the Materials and/or may choose to modify, suspend or discontinue any part or all of the Site at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. Such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified terms on the Site. If you object to any such modifications, your sole recourse shall be to cease using the Site. Continued use of the Site following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.
General Use
By using the Site, you agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms. Notwithstanding the foregoing, no one under the age of 13 is permitted to use the Site.
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access, use and to display the Materials on the Site for your personal, non-commercial use when using the Site; your right to use the Materials is conditioned on your compliance with these Terms. You may not distribute, publicly display, publicly perform or otherwise use the Materials outside the Site.
You have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site or any of the Materials in any manner.
Electronic Communications
By using the Site (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message) and from other users of the Site. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
M and M’s SMS/MMS Program Terms and Conditions
Program Description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include responses to a quote, estimate, or service inquiry, real-time texts to ask and answer questions about our services and pricing, appointment scheduling and confirmations, feedback requests, project updates, and follow up.
Frequency: Message frequency can be, but is not limited to, five text messages per month.
Costs: Message and data rates may apply for any messages sent to you from us and to us from you.
Help: If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us at our contact page.
Opt-out: You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. If you want to join again, just sign up as you did the first time or text “START”, and we will start sending SMS messages to you again.
Interruption: Carriers, such as AT&T, are not liable for delayed or undelivered messages.
Privacy Policy
We respect the information that you provide to us and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy, which explains how we use such information.
Links to Third-Party Sites
We think links are convenient, and we sometimes provide links on the Site to third-party websites. If you use these links, you will leave our Site. We are not obligated to review any third-party websites that you link to from the Site, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them).
YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
User Provided Content
Certain areas of the Site may permit you to upload or submit information, images, video, data, text, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary.
By submitting any User Submission, you represent, warrant and covenant that:
- You own all rights in your User Submission or have acquired all necessary rights to enable you to grant to us the rights described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations arising from any use of your User Submission;
- Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- Any information contained in your User Submissions is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any law;
- Your User Submission is not defamatory, libelous, hateful, racially or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing;
- You were not and will not be compensated by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website;
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By providing User Submissions, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions in any format or medium now known or later developed.
Unauthorized Activities
We authorize your use of the Site only for individual, consumer purposes (“Permitted Purposes”). Any other use of the Site beyond the Permitted Purposes is prohibited. You are not authorized to use the Site in any of the following ways:
- For any public or commercial purpose;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Site;
- In a manner that violates any local, state, national, foreign, or international law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity;
- In a manner that infringes any copyright, trademark or other intellectual property or privacy rights;
- To interfere with or disrupt the Site or servers;
- To harvest or collect email addresses or other contact information;
- To use any data mining, robots, or similar data gathering methods; or
- To attempt to gain unauthorized access to any portion of the Site.
Proprietary Rights
The trademarks, service marks, and logos of Company used and displayed on the Site are registered and unregistered trademarks or service marks of Company. Nothing in these Terms should be construed as granting any license or right to use the Trademarks without our prior written permission. Unless otherwise specified, all Materials are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved.
Intellectual Property Infringement
We respect the intellectual property rights of others. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement. If you believe your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to our agent:
Jenny Wang – Chief Legal Officer – 1800 E Imperial Hwy Ste. 145, Brea, CA 92821
Disclaimer of Warranties
THE SITE AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
Limitation of Liability
YOU ARE USING THE SITE AND MATERIALS AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Dispute Resolution and Arbitration; Class Action Waiver
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
To the fullest extent permitted by law, by using the Site, you and Company agree that if a dispute arises between you and Company relating in any way to the Site or your use thereof, the dispute will be resolved through confidential, final, and binding arbitration.
YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Opt-out
You may elect to opt-out from the binding arbitration and class action waiver by sending a written letter to Company at Customer Service, Company Group Holdings, 3150 E Birch St Brea, CA 92821, within thirty (30) calendar days of your initial agreement to these Terms.
Class Action Waiver
You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
General
The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in Los Angeles, California.
These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about the Site.
Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by filling out our contact form, or by mail at Customer Service, M and M, 110 South Bowen Circle, Longmont, CO 80501.
