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Terms and Conditions

Welcome to VAHeatingandAir.com ("VAHeatingandAir"). This User Agreement (the "Agreement"), which includes the provisions set forth in VAHeatingandAir's Privacy Policy, describes the terms and conditions applicable to your use of VAHeatingandAir.com, all branded version of such website and the products, services and information available through these web sites, electronic mail or telephone support line (collectively, the "Service"). Additionally, VAHeatingandAir.com Inc. is a wholly owned subsidiary of Watsco, Inc. (NYSE: WSO), the nation's largest wholesale distributor of HVAC equipment, parts and supplies. As such, products offered to consumers by servicing contractors, listed on the VAHeatingandAir.com site, may be purchased through one or more Watsco subsidiaries nationally. Your use of the Service, whether as a seller or buyer or otherwise, constitutes your agreement to all the terms and conditions of this Agreement without modification. If you do not agree to this Agreement, please do not use the Service.

1. Users and User Eligibility. By using the Service, the individual or entity becomes a Service user (a "User"). The service is free for purchasers of services. This Agreement is a legal agreement between VAHeatingandAir and the User. This Service is only available to individuals and entities who can form legally binding contracts under applicable law. The Services are not available to anyone under 18 years old. If you do not qualify, please do not use the Service. Each User represents that all information supplied by it is true and accurate. Without limitation any speculative, false or fraudulent service requests or responses to requests are prohibited. VAHeatingandAir may refuse its Service to anyone at any time or remove any service provider or buyer from the Service at any time, in its sole discretion.

2. Service is Only a Venue. VAHeatingandAir has developed VAHeatingandAir.com and its Services to serve as a venue for potential buyers and sellers of services and/or products (such sellers being collectively referred to herein as service providers). Our role is strictly limited to that of a venue provider. As such, we are not involved in dealings you may have with service providers and have no control over: the propriety of the transaction; the quality, safety or legality of the professional services sought, provided or advertised (if any); the truth or accuracy of the information you may receive from other service providers or users, even if the information is delivered through us or our equipment; whether the service provider with whom you are dealing will be able to carry out their obligations to you; or whether the transaction will actually be completed.

VAHeatingandAir is not your broker or agent, and is not a third-party beneficiary or guarantor of performance with respect to any transaction or agreement that you may have with other users or service providers. We recommend that you carefully review and consider the terms and conditions of every transaction before obligating yourself and, where appropriate, seek and obtain professional advice. No service provider will at any time represent that VAHeatingandAir endorses a service provider or its services. Any disputes between a buyer and a service provider should be handled by the service provider.

3. Links to Third-Party Web Sites. VAHeatingandAir and its Services may contain links to other web sites, web pages, and services (collectively "Links"), which may or may not be operated by VAHeatingandAir. Your use of these Links is subject to the Terms of Use, if any, contained within each Link. VAHeatingandAir may or may not screen the content or the operator of any Links. VAHeatingandAir Links to such other sites does not imply any endorsement of the products, services or material on such Links or any association with their sponsors or operators. VAHeatingandAir expressly disclaims all content, services and products available through such Links. Linking to any other service or site from this Service is at you own risk.

4. License. User herby grants to VAHeatingandAir, its sub-licensees, customers and other Users, a royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute any content submitted by User (in whole or part) worldwide and/or to incorporate it in other works in any media now known or hereafter developed, in each case, for all purposes reasonably necessary to provide the Service per requirement. You may not modify, copy, display, publish, distribute, transmit, transfer, license or sell any products, services, or information obtained from the Service, except as permitted by the Terms of Use or as permitted under applicable laws.

5. Release and Indemnification. In the event of any disputes between you and any other users or Service Providers, you agree to release VAHeatingandAir and its employees and agents from all claims, demands, and actual and consequential damages of every kind and nature, whether or not known, suspected or disclosed, arising out of or in any way connected with such dispute. You agree and acknowledge that VAHeatingandAir and its employees and agents will have no liability for any losses, costs, or expenses for damages to property or injury to persons directly or indirectly related to the products or services supplied by or the acts or omissions of any Service Provider.

You also agree to indemnify, defend, and hold VAHeatingandAir and its affiliates, officers, directors, agents, employees and, where applicable, licensors and suppliers harmless from any liability, loss, claim, demand, and expense, including reasonable attorney's fees, due to or arising out of (i) your use of this Web Site, (ii) your use of this Service, (iii) your breach or violation of this Agreement, of any law, or the rights of a third party, or (iv) any claims by any other person for damages to property or injury to persons directly or indirectly related to the products or services supplied by any Service Provider retained by you. YOUR INDEMNIFICATION WILL APPLY EVEN IF THE CLAIMS ARISE OUT OF ACDOCTOR'S NEGLIGENCE OR THE NEGLIGENCE OF ACDOCTOR'S AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, OR SUPPLIERS.

6. Proprietary Materials, Copyright and Trademark Notices. The content, organization, gathering, compilation, magnetic translation, digital conversion, and other aspects of the VAHeatingandAir Web site and service are protected under applicable copyrights, trademarks, and other proprietary rights (which may include patent rights), and any copying, redistribution, reverse engineering, or publication of any such content or any part of the VAHeatingandAir Web site is prohibited. VAHeatingandAir, VAHeatingandAir.com and its branded sites are property of VAHeatingandAir.com, Inc. and its affiliated entities. All other trademarks, such as those of VAHeatingandAir's partners, are the property of the respective owners. You must not, at any time, initiate, prosecute, induce, participate with or assist others in initiating or prosecuting any proceeding in any forum anywhere, whether judicial, administrative, or otherwise, that attacks, disparages or otherwise harms VAHeatingandAir, its affiliates, or their respective proprietary rights.

7. Disclaimer. ACDOCTOR DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC SELLER AND DOES NOT PROVIDE ADVICE ON WHICH SELLER TO SELECT. ACDOCTOR DOES NOT SELL, SOLICIT APPLICATIONS FOR, OR WRITE CONTRACTS FOR ANY SERVICES. ACDOCTOR IS NOT A BROKER ACTING ON BEHALF OF ANY BUYER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY SERVICE PROVIDER OR SELLER. IT IS RECOMMENDED THAT PRIOR TO MAKING ANY PURCHASE DECISION YOU CONSULT PROFESSIONALS AS APPROPRIATE.

8. No Warranty. THE PRODUCTS, SERVICES, ALL INFORMATION AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. ACDOCTOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT, INCLUDING THIRD PARTY CONTENT, PRODUCTS AND INFORMATION, INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.

9. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

10. Right to Modify. VAHeatingandAir may, in its sole discretion, modify or remove any information or content appearing on the VAHeatingandAir.com or branded websites without any notice to you.

VAHeatingandAir reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this Agreement, which includes VAHeatingandAir's Privacy Policy, will be deemed effective upon publication on the Web site and will apply to all user actions, communications, or transactions occurring after such date. It is your responsibility to monitor this Agreement for changes at the time of each use.

11. Governing Law. This Agreement is governed in all respects by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the courts in Harris County, Texas, U.S.A., in all disputes arising out of or relating to this Agreement or the use of VAHeatingandAir's Web site.

12. No Agency. You agree that no joint venture, partnership, employment, brokerage, license, or agency relationship exists between you and VAHeatingandAir as a result of this Agreement or use of this Web site.

13. Severability. If any part of this Agreement (including the VAHeatingandAir Privacy Policy) 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.

14. Entire Agreement. This Agreement (including the VAHeatingandAir Privacy Policy) constitutes the entire agreement between you and VAHeatingandAir with respect to the subject matter in this Agreement and it supersedes all prior or contemporaneous communications and proposals on the same or similar subject, whether electronic, oral, or written, between you and VAHeatingandAir and its affiliates.

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.

Any rights not expressly granted herein are reserved.