Terms of Use - Crockett Filter Club

Terms of Use

AGREEMENT BETWEEN USER AND PioneerComfort.com

The PioneerComfort.com Web site is comprised of various Web pages operated by PioneerComfort.com.

The PioneerComfort.com Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PioneerComfort.com Web site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

PioneerComfort.com reserves the right to change the terms, conditions, and notices under which the PioneerComfort.com Web site is offered, including but not limited to the charges associated with the use of the PioneerComfort.com Web site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the PioneerComfort.com Web site, you warrant to PioneerComfort.com that you will not use the PioneerComfort.com Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PioneerComfort.com Web site in any manner which could damage, disable, overburden, or impair the PioneerComfort.com Web site or interfere with any other party’s use and enjoyment of the PioneerComfort.com Web 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 PioneerComfort.com Web sites.

PRODUCT ORDER

While we will use our best efforts to fulfill all orders, Pioneer Heating and Air Conditioning, Inc. cannot guarantee the availability of any particular product displayed on this Site. Pioneer Heating and Air Conditioning, Inc. reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

We reserve the right to limit quantities to the amount reasonable for our regular customers. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

While our goals is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Pioneer Heating and Air Conditioning, Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

MATERIALS PROVIDED TO PioneerComfort.com OR POSTED AT ANY PioneerComfort.com Web site

By submitting any content to Pioneer Heating and Air Conditioning, Inc. (including photos), via this Site or otherwise, you represent and warrant that:

You are the sole author and owner of the intellectual property rights thereto;
All “moral rights” that you may have in such content have been voluntarily waived by you; and
Use of the content you supply does not violate this agreement and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

That is known by you to be false, inaccurate or misleading;

That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party; or
That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Pioneer Heating and Air Conditioning, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Pioneer Heating and Air Conditioning, Inc. and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Pioneer Heating and Air Conditioning, Inc. sole discretion. Pioneer Heating and Air Conditioning, Inc. reserves the right to change, condense or delete any content on this Site that Pioneer Heating and Air Conditioning, Inc. deems, in its sole discretion, to violate this agreement. Pioneer Heating and Air Conditioning, Inc. does not guarantee that you will have any recourse through Pioneer Heating and Air Conditioning, Inc. to edit or delete any content you have submitted. You acknowledge that you, not Pioneer Heating and Air Conditioning, Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligations of confidence on the part of Pioneer Heating and Air Conditioning, Inc., its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PioneerComfort.com Web site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PioneerComfort.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PioneerComfort.com Web site AT ANY TIME. ADVICE RECEIVED VIA THE PioneerComfort.com Web site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PioneerComfort.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, 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 PioneerComfort.com Web site, WITH THE DELAY OR INABILITY TO USE THE PioneerComfort.com Web site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PioneerComfort.com Web site, OR OTHERWISE ARISING OUT OF THE USE OF THE PioneerComfort.com Web site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PioneerComfort.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS 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 PioneerComfort.com Web site, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PioneerComfort.com Web site.

SERVICE CONTACT : customerservice@PioneerComfort.com

TERMINATION/ACCESS RESTRICTION

PioneerComfort.com reserves the right, in its sole discretion, to terminate your access to the PioneerComfort.com Web site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Knox County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the PioneerComfort.com Web site. Use of the PioneerComfort.com Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PioneerComfort.com as a result of this agreement or use of the PioneerComfort.com Web site. PioneerComfort.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PioneerComfort.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PioneerComfort.com Web site or information provided to or gathered by PioneerComfort.com 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 PioneerComfort.com with respect to the PioneerComfort.com Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PioneerComfort.com with respect to the PioneerComfort.com Web 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 drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.