Disclaimer (continued)

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of All Year Cooling and Heating, its content suppliers or it's clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of All Year Cooling and Heating.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately to notify us of this infringement.

Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant All Year Cooling and Heating a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant All Year Cooling and Heating the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

All Year Cooling and Heating grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of All Year Cooling and Heating. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of All Year Cooling and Heating. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of All Year Cooling and Heating without the express written consent of All Year Cooling and Heating. You may not use META tags or any other "hidden text" which utilize All Year Cooling and Heating or any other derivative of our domain or company name without the express written consent of All Year Cooling and Heating.

It is further understood and agreed that All Year Cooling and Heating cannot and does not guarantee or warrant that files made available for downloading through the All Year Cooling and Heating website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through All Year Cooling and Heating are free from such contaminations.

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY ALL YEAR COOLING AND HEATING ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL YEAR COOLING AND HEATING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL YEAR COOLING AND HEATING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL YEAR COOLING AND HEATING DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ALL YEAR COOLING AND HEATING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL YEAR COOLING AND HEATING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

ALL YEAR COOLING AND HEATING USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TODATE INFORMATION ON THIS WEBSITE. ALL YEAR COOLING AND HEATING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED WITH INCORRECT INFORMATION, ALL YEAR COOLING AND HEATING SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

Linked websites are not under the control of All Year Cooling and Heating and All Year Cooling and Heating is not responsible for the contents of any linked site or any link contained in a linked site. All Year Cooling and Heating provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by All Year Cooling and Heating of the site.

By visiting the All Year Cooling and Heating website, you agree that the laws of the State of Florida, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and All Year Cooling and Heating.

Any dispute relating in any way to your visit or access of the All Year Cooling and Heating website or to the products or services you purchase through the All Year Cooling and Heating website shall be submitted to binding arbitration in Miami, Florida, except that, to the extent you have in any manner violated or threatened to violate All Year Cooling and Heating 's intellectual property rights, All Year Cooling and Heating may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

You agree to indemnify, defend and hold harmless All Year Cooling and Heating, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the All Year Cooling and Heating website.

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

All Year Cooling and Heating's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. All Year Cooling and Heating may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.