WARM CORP WEST'S TERMS AND CONDITIONS
Last Updated on January 13, 2021
Warm Corporation West, doing business under the names Warm Corp West and Warm Floors, is a corporation operating out of the State of California.
Warm Corp West owns and manages the websites www.warmcorpwest.com and www.warmfloors.com (collectively referred to as the “Website”). The Website provides a wide array of information relating to Warm Corp West’s business, including, without limitation, the systems available for purchase, news and updates, relevant projects, and Warm Corp West’s contact information.
The present Terms and Conditions shall govern the terms upon which users may visit, access or otherwise use the Website.
When employed in these Terms and Conditions, the following capitalized terms shall have the meanings set forth hereinbelow:
“Portal” shall refer to the client portal to be implemented and accessible by way of the Website. The Portal shall grant the accessing User information pertaining to the projects involving the User, including, without limitation, proposals, contracts, change orders, plans and schematics.
“Terms and Conditions” shall refer to the present Terms and Conditions and all amendments, modifications and supplements made to the Terms and Conditions from time to time.
“Users” shall refer to the users of the Website collectively, and “User” shall refer to each individual user of the Website. Every User of the Website may be designated as “you”, “your”, “yours”, and other similar expressions in these Terms and Conditions.
“Warm Corp West” shall refer to Warm Corporation West, a corporation incorporated under the laws of the State of California, and doing business under the names Warm Corp West and Warm Floors.
APPLICABILITY OF THESE TERMS AND CONDITIONS
Your visit and usage of the Website shall constitute your acceptance of these Terms and Conditions, in full and without modification.
Your access, use, participation in and/or visit to the Website shall further be construed as your engagement and agreement to comply with these Terms and Conditions
These Terms and Conditions constitute a binding and enforceable agreement between you and Warm Corp West with respect to your usage of the Website and the content provided thereon. You acknowledge that Warm Corp West shall not be bound by any terms or agreements except for the present Terms and Conditions, unless otherwise indicated in these Terms and Conditions or as specified in writing by Warm Corp West.
If you do not agree with these Terms and Conditions, in full or in part, your sole recourse shall be to not use the Website.
To be eligible to use the Website, you confirm the following to Warm Corp West:
You are at least eighteen (18) years old, or you reached the age of majority in your country of residence.
You are authorized to enter into binding agreements.
Your access and usage of the Website will not conflict with any order, judgment, agreement or relationship to which you are legally bound.
UPDATES TO THESE TERMS AND CONDITIONS
Warm Corp West reserves the right to update or modify these Terms and Conditions without notice, at its discretion. The latest version of these Terms and Conditions shall be binding and effective as of its publication on the Website.
In consideration thereof, Warm Corp West encourages you to review these Terms and Conditions periodically to ensure you are familiar with the latest version thereof.
Your access to or usage of the Website following the publication of the updated Terms and Conditions shall constitute your acceptance of such updated Terms and Conditions.
INFORMATION PUBLISHED ON THE WEBSITE
Warm Corp West sells, designs, installs and services heating and cooling systems for residential, commercial, industrial and institutional clients in the State of California. The Website provides information relating to the heating and cooling systems offered by Warm Corp West as well as the installation, design, and servicing thereof. The information published on the Website is provided for reference and information purposes.
The information published on the Website is intended to be construed as general information regarding Warm Corp West’s projects and activities. The content published on the Website is not intended to be construed as a recommendation, or as advice regarding heating or cooling systems or projects to which Warm Corp West is a party. The content published on the Website is for your own convenience and reference, and is not intended to be construed as a replacement for a professional consultation or project.
To obtain a personalized quotation or to obtain specific information, you are invited to contact Warm Corp West in the manner specified under the “Contact” portion of the Website.
While Warm Corp West employed and continues to employ its best commercial conscientious efforts to ensure the content published on the Website is accurate, updated and relevant, Warm Corp West does not guarantee that all information published on the Website is accurate, complete or reliable. You acknowledge that your reliance on any statement or information published on the Website shall be at your sole risk.
Warm Corp West reserves the right to correct any inaccuracies, errors, or omissions in any portion of the Website. Warm Corp West further reserves the right to make changes to the Website and to the information provided thereon at any time, at Warm Corp West’s sole discretion.
In consideration of the above, you agree to assume all risks associated with decisions, actions and omissions made on the basis of the information provided on the Website. Warm Corp West hereby declines all responsibility and liability for actions, inactions and decisions made by you in reliance upon the information published on the Website.
You are permitted to copy and use the content published on the Website for personal and commercial use and reference purposes. You agree that any reproduction, copy or extraction of information published on the Website shall effectively list Warm Corp as the author of such content, unless otherwise specified on the Website or by Warm Corp West.
Users outside the United States
Warm Corp West does not represent or guarantee that the content published on the Website shall be appropriate or available to Users located outside of the United States. Users of the Website who do not reside in the United States recognize that all or part of the information on the Website may not be available or suitable in regions outside the United States. If a User chooses to access the Website from outside the United States, the User shall be responsible for complying with all laws applicable in the User’s country of residence.
ACCESS TO PORTAL
Warm Corp West is in the process of establishing an online Portal, which shall be accessible via the Website. The Portal shall allow a User to access information regarding the project(s) to which the User is involved, including but not limited to proposals, contracts, change orders, plans and schematics.
The Portal shall further allow the User to view projects, pricing, services and product descriptions which may be of interest or otherwise relevant to the User. The User acknowledges that private information regarding projects involving the User may be accessible and available through the Portal.
While the general content published on the Website may be available to you without a User account, any information regarding specific projects to which you are involved shall be published solely on the Portal, which shall be accessible via a valid User account.
Creation of User Accounts
The Portal shall be password-protected. To gain access to the Portal, the User shall be required to create a User account on the Website. To create the User account, the User agrees to follow the instructions set forth on the Website, once available and published thereon.
Your username and password should be kept confidential and are personal to you. You remain responsible for all activities that occur under your User account, even if you did not explicitly authorize such activities. For this reason, Warm Corp West encourages you to protect your User account by selecting a strong password. To safeguard your User account, Warm Corp West encourages you to change your password immediately if you believe your password may have been compromised or used without authorization.
If you suspect that your User account may have been compromised or is subject to a breach, please notify Warm Corp West in accordance with the requirements set forth in these Terms and Conditions. You also agree to immediately notify Warm Corp West of any apparent breaches of security such as loss, theft or unauthorized use of your username or password.
Users may not purchase products or services from Warm Corp West via the Website. Unless otherwise indicated, any payments for products or services shall be handled exclusively by Warm Corp West outside of the Website. Users are invited to communicate with Warm Corp West to obtain a personalized quotation or any information regarding payment matters and costs.
CLOSING USER ACCOUNTS
Warm Corp West reserves the right to suspend, delete, deactivate or otherwise terminate the User account of any User who fails to comply with any provision of these Terms and Conditions, or who fails to use the Website in a lawful and authorized manner according to the parameters provided by Warm Corp West.
Warm Corp West further reserves the right to suspend, delete, deactivate or otherwise terminate the User account of any User who fails to pay the sums owed to Warm Corp West on their due dates, without valid justification.
Any suspension, deletion, deactivation or termination of a User account by Warm Corp West shall be at its sole discretion, and without liability. While under no obligation to do so, Warm Corp West may send the User an advanced written notice prior to terminating its User account.
You may terminate, delete or close your User account on the Website at any time by following the instructions specified on the Website, if applicable and available.
OBLIGATIONS RELATING TO THE USAGE OF THE WEBSITE
You shall be responsible for using the Website in accordance with these Terms and Conditions, and applicable laws and regulations.
You shall be liable for all actions, communications and omissions in connection with your usage of the Website. You agree not to engage in unacceptable use of the Website, which includes, but is not limited to using the Website to:
Engage in any unlawful or illegal practices, or encouraging others to use the Website for such purposes;
Violate or infringe any applicable law, regulation or policy, including legislation applicable in your country of residence;
Share, transmit or otherwise maliciously download a virus or harmful components;
Collect personal data about users of the Website, without having obtained the required permissions and consents;
Hack, install spyware, or reverse engineer the Website;
Omit to provide relevant information to Warm Corp West or on the Website, as requested;
Damage, disable or otherwise attempt to delete the Website, or any portion thereof;
Distribute, transmit or solicit spam mail, bulk communications, or other unsolicited materials;
Engage in any conduct that violates these Terms and Conditions or, that may give rise to liability.
The list of prohibited behavior on the Website provided hereinabove is for illustration purposes. It should not be construed as an exhaustive list of all prohibited conduct. Rather, it should serve as a guideline to help the Users determine which conduct is deemed unacceptable.
Warm Corp West reserves the right to terminate, suspend or otherwise delete a User account if the account holder engages in any of the prohibited behavior described in these Terms and Conditions. Any termination of a User account by Warm Corp West shall not give rise to liability of any kind.
The content published on the Website may include trademarks, images, intellectual property, marketing materials, promotional documents and other proprietary documentation. The Website’s content is proprietary to Warm Corp West and may not be copied, distributed, reproduced or shared without referencing Warm Corp West as the author thereof.
Any intellectual property published on the Website, including trademarks, images, marketing materials, promotional documents and other proprietary documentation, may be protected by intellectual property laws in the United States. All rights relating thereto are reserved.
These Terms and Conditions shall not be construed as granting Users a license or right to any trademarks, images, intellectual property, marketing materials, and promotional documents of Warm Corp West, or any of its affiliates, if applicable.
DIGITAL MILLENNIUM COPYRIGHT ACT
In accordance with the requirements in the Digital Millennium Copyright Act (the “DMCA”), Warm Corp West undertakes to respond to takedown notices to prevent copyright infringement.
Warm Corp West encourages you to report any potential copyright infringement on the Website or with respect to the content published on the Website.
If you are the owner or authorized licensee of an intellectual property right or trademark and have reason to believe your intellectual property or trademark has been published on the Website in violation of your rights, please submit a written notice to Warm Corp West. You may also submit a written notice to Warm Corp West if you have reason to believe any content published on the Website violates a third-party intellectual property right.
Any notice reporting a potential intellectual property violation shall contain the following information:
A valid link to the content or page, which is subject to the intellectual property infringement or copyright claim.
Details regarding the trademark or intellectual property’s conception or development, photos, links, and other relevant information regarding the intellectual property.
Your contact information, including your name, phone number and email address.
If you do not hold the intellectual property right subject to the notice, please describe your interest with respect thereto. You may be asked to submit proof that you are authorized to act on behalf of the intellectual property owner or holder.
Your notice should specify that it was prepared in good faith and that all statements contained therein are true to the best of your knowledge.
The notice must be manually or electronically signed and dated.
Every notice received by Warm Corp West shall be reviewed in accordance with the principles set forth in the DMCA. If the notice is justified, Warm Corp West shall delete and withdraw the infringing trademark or intellectual property from the Website.
THIRD PARTY LINKS
To provide increased value, the Website may provide links to websites, sites and applications operated by third parties. The links provided are for information and reference purposes. Such links are not governed by these Terms and Conditions.
You acknowledge that Warm Corp West may not be affiliated with such third-party providers, and you agree to visit, access and use the third-party links at your own risk.
DISCLAIMERS, WARRANTIES AND GUARANTEES
To the fullest extent permitted by applicable law, the Website is provided “as is” and “as available” without any warranties of any nature, whether express, implied, or statutory. For the avoidance of doubt, all such warranties with respect to the Website and the information published thereon are expressly disclaimed by Warm Corp West.
Warm Corp West does not warrant that the Website will be accessible at all times, without error and interruptions. You acknowledge that Warm Corp West will not be liable for any service interruptions, including, without limitation, system failures, power outages, or other interruptions due to causes outside of Warm Corp West’s control.
Warm Corp West uses its best efforts to ensure the content published on the Website is up to date, accurate and applicable. Despite Warm Corp West’s best commercial efforts, Warm Corp West disclaims all liability for content published on the Website that is unreliable, inapplicable or otherwise unusable.
EXCLUSIONS OF LIABILITY
To the fullest extent permitted by applicable law, Warm Corp West shall not be liable for any and all claims, demands, actions, causes of action, damages, losses, liabilities, judgments, costs and expenses including, without limitation, charges arising out of or in connection with your usage and access to the Website and to the content provided thereon.
Warm Corp West further disclaims all liability for any incidental, indirect, or consequential damages, technical issues, system failures, lost profits, loss of business, injuries, or damages of any nature, except to the extent prohibited by applicable law.
You acknowledge that your usage of the Website shall be at your sole risk, to Warm Corp West’s full exclusion.
In exchange for using and accessing the Website, you agree to release and discharge Warm Corp West from all claims, losses, damages, liabilities, obligations, rights, remedies and causes of action that you have, may have or had against Warm Corp West arising out of your usage of the Website, the content published thereon, and dealings with Warm Corp West.
You agree to indemnify and hold Warm Corp West harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits brought by a third party, arising out of (i) your usage of the Website, (ii) your breach of these Terms and Conditions, applicable legislation or regulations and/or (iii) your gross negligence, recklessness or intentional misconduct.
Warm Corp West shall not be deemed to have waived any of its rights or privileges under these Terms and Conditions, by conduct, lapse of time or by any statement or representation other than (i) by an authorized representative of Warm Corp West and (ii) in an explicit signed written waiver. No waiver of a breach of these Terms and Conditions shall constitute a waiver of any prior or subsequent breach of these Terms and Conditions.
Any provision of these Terms and Conditions which is, or becomes, illegal, invalid or unenforceable as per a competent legal authority or court of law shall be severed from these Terms and Conditions. The severed provision shall be ineffective. The remaining provisions of these Terms and Conditions shall remain enforceable and binding.
These Terms and Conditions are governed by the laws in effect in the State of California and the applicable federal laws.
Unless you explicitly opt out of the arbitration process in accordance with these Terms and Conditions, you agree that any claim, difference, dispute, question or controversy (each, a “Claim”) in connection with these Terms and Conditions shall be resolved by arbitration.
Prior to undertaking any arbitration proceeding, you agree to use reasonable commercial efforts to resolve the Claim informally and amicably. Should such efforts prove unsuccessful in resolving the Claim within two (2) calendar months, West Corp West may refer the Claim to arbitration. The arbitration shall be administered according to the JAMS Comprehensive Arbitration Rules and Procedures.
The arbitration proceedings shall be held virtually, if permitted, or in the city of Napa (California). The language used in the arbitral proceedings shall be English. The arbitration award shall be confirmed in writing and the arbitrator(s) shall be instructed to conduct the arbitration rapidly and efficiently, unless the subject matter of the Claim requires otherwise. The arbitration award shall be final and binding.
Opting Out of Arbitration
To opt out of the arbitration process described in this Section, you must submit a written notice to Warm Corp West, specifying your reasons for opting out of arbitration as well as your contact information. If the notice was is validly provided, Warm Corp West shall not submit any Claim involving you to arbitration.
In such cases, the competent courts located in the city of Napa shall have jurisdiction over the Claim.
Force Majeure events consist of irresistible, unpredictable and unforeseeable events that are beyond Warm Corp West’s control. Force majeure events can include, without limitation, epidemics, pandemics, emergency orders, government acts, wars, acts of God, failure of telecommunication networks, hurricanes, fires and other natural disasters.
Warm Corp West’s obligations under these Terms and Conditions shall not be enforceable during a Force Majeure event. During a Force Majeure event, Warm Corp West’s obligations shall be suspended.
Any notices required under these Terms and Conditions, such as a request to cancel or close a User account, must be prepared in writing and sent to Warm Corp West by email or via the Website’s “Contact” section.
Moreover, Warm Corp West may send notices and updates to Users regarding the Website, your User account, and/or the content published on the Website. These notices shall be submitted by email or as a notification on the Website.
Considering Warm Corp West may communicate with Users by email, Users are responsible for providing their current and valid email addresses. If the email address provided by a User is incorrect or no longer valid, any notice sent by Warm Corp West shall nonetheless be deemed effective under these Terms and Conditions.
QUESTIONS AND COMMENTS
Users may submit questions, support requests, inquiries, comments regarding these Terms and Conditions to Warm Corp West by sending an email to email@example.com. Any reported breaches of these Terms and Conditions should also be submitted to Warm Corp West by email.