Effective Date: September 3, 2024
Welcome to the official website of McGhee HVAC ("Company," "we," "us," "our"). These Terms of Service ("Agreement") govern your access to and use of our website, located at mcgheehvac.com ("Website"), including but not limited to any content, functionality, and services offered on or through the Website.
By accessing or using our Website, you ("User," "you," "your") agree to be bound by this Agreement. If you do not agree with these terms, you are expressly prohibited from using the Website and must discontinue use immediately.
This Agreement constitutes a legally binding contract between you and McGhee HVAC. It supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and McGhee HVAC regarding the Website. We reserve the right to modify or update this Agreement at our sole discretion at any time, and such modifications shall be effective immediately upon posting on the Website. Your continued use of the Website following the posting of revised terms means that you accept and agree to the changes.
The Website is intended for users who are at least 18 years old and reside in the United States, specifically in the state of Arkansas. By using the Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
All content, materials, and services provided on or through the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of McGhee HVAC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for personal, non-commercial purposes. This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
You agree to comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations regarding your use of the Website.
You agree not to engage in any of the following prohibited activities:
The Website and all information, content, materials, products, and services included on or otherwise made available to you through the Website are provided on an "as is" and "as available" basis, unless otherwise specified in writing. McGhee HVAC makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on or otherwise made available to you through the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permitted by applicable law, McGhee HVAC, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Website, including, but not limited to, loss of revenue, profits, or data, or business interruption, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we are advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless McGhee HVAC, its affiliates, licensors, service providers, employees, agents, officers, or directors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys! fees) arising out of or relating to your violation of this Agreement or your use of the Website.
By using the Website, you acknowledge and agree that McGhee HVAC may collect, store, and process certain information about you, including but not limited to your IP address, browser type, device type, and usage data, as well as any other data you may provide. This data may be collected through cookies, web beacons, and other tracking technologies.
McGhee HVAC may use the data collected from you for various purposes, including but not limited to improving the functionality and content of the Website, conducting research and analysis, and delivering targeted advertisements. We may share this data with third-party service providers, including but not limited to Google, Vercel, and other analytics or marketing platforms, to assist in these efforts.
This Agreement and your use of the Website shall be governed by and construed in accordance with the laws of the state of Arkansas, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Little Rock, Arkansas, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
This Agreement constitutes the entire understanding and agreement between you and McGhee HVAC with respect to the Website and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and McGhee HVAC.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver of any term or condition set forth in this Agreement 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 McGhee HVAC to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.