Term and Conditions
Last updated: January 05, 2024
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, e-mail or otherwise transmit any confidential information, trade secrets, "junk mail," "spam," "chain letters," "pyramid schemes," any other form of solicitation, or software viruses.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Modern Comfort Systems.
Modern Comfort Systems has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Modern Comfort Systems 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 available on or through any such web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
If you or Modern Comfort Systems bring an action to enforce its rights under this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including without limitation, reasonable attorneys’ fees, expenses, and costs, incurred in connection with such action, including any appeal of such action. This fee shifting provision shall be incorporated but not merged in any court order entered against either party pursuant to an action arising from this Agreement. The parties agree that the prevailing party shall be entitled to be reimbursed any post-judgment legal expenses incurred during collection of said judgment.
Limitation of Liability
By using the Service, you assume all risks associated with the use of Service including any risk of your computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the Service or your access to it. Under no circumstances shall Modern Comfort Systems, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Service or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. In no event shall a Modern Comfort Systems’s liability exceed the total sums received by Modern Comfort Systems from you during the twelve (12) month period immediately prior to the date the damages first occurred.
These Terms of Service and any policies or operating rules posted by Modern Comfort Systems on this site or in respect to the Service constitutes the entire agreement and understanding between you and Modern Comfort Systems and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Modern Comfort Systems reserves the right to modify these Terms at any time without notice to you. Any change in these Terms are effective immediately upon posting. Modern Comfort Systems recommends that you read these Terms carefully each time you use the Service. Any use of the Service after changes have been made shall be deemed acceptance of any changed Terms.
If you have any questions about these Terms, please contact us.