1. DEFINITIONS. The following definitions apply to this User Agreement, and are made a part hereof: a. User or website user means any person or entity accessing the website of Good AC Guy, or any part or aspect thereof, including, but not limited to, those seeking services, those posting information, casual browsers, service providers, advertisers, and others. b. Service provider means any person or entity that joins Good AC Guy, or that in any way advertises, promotes, or otherwise offers its services or products through this website, including, but not limited to, contractors, subcontractors, material suppliers, carpenters, roofers, plumbers, painters, concrete and masonry installers, wallboard installers, repair and remediation services, debris removal services, irrigation services, hardscape and landscape installers, designers, inspection services, asbestos services, engineers, architects, and all other persons in construction or construction-related industries.
2. OWNERSHIP. This website, including the arrangement and compilation of the text, graphics, audio and video clips, data, digital downloads, buttons, icons, images, and other content, constitutes the copyrighted property of Good AC Guy. The trademarks and logos of Good AC Guy displayed within this website are either the common law or registered trademarks of Good AC Guy. You are prohibited from using, copying, reproducing, republishing, transmitting, posting, or distributing any content, trademarks, and logos without the express, advance, written consent of Good AC Guy, except that you may display and print pages and items from this site for your personal, informational, non-commercial use. Such material is not to be broadcast or published in any form of media, and is not to be copied or posted on any network computer. All persons and entities who use this website, with the exception of service providers and paying advertisers who enter into contract with Good AC Guy, acknowledge and agree to limit their use to personal, informational use. In the event Good AC Guy provides written authorization for the use of any such material for other purposes, a copyright notice must appear on all pages and documents, along with a statement that such material is being used with the permission of Good AC Guy. The use of any spider,robot, data mining device, or similar data gathering and extraction tools, processes, or programs, to copy, reproduce, collect data from, alter, or monitor any aspect of this website is strictly prohibited. Use of meta tags or other “hidden text” incorporating Good AC Guy’s name, trade dress, or trade marks is specifically prohibited without the advance, express, written consent of Good AC Guy. Violation of any of the foregoing restrictions may result in severe penalties and automatically terminates any license granted by Good AC Guy. Those who violate the prohibitions contained herein will be prosecuted to the fullest extent allowable by law.
3. ELECTRONIC COMMUNICATIONS. By visiting the website of Good AC Guy by entering and receiving information through this website, and by e-mailing Good AC Guy or any service provider, you are communicating electronically. You specifically consent to receive communications from Good AC Guy and any persons or entities that provide services through this website electronically. You further agree that all the Terms and Conditions stated herein, along with any e-mails or other electronic communications with Good AC Guy, satisfy any legal requirement that such communications must be in writing. You agree that, by clicking upon the I Accept button, your action shall be construed as the equivalent of placing your initials after each provision of this document, and placing your signature at the bottom of this document, after fully having read and understood all the Terms and Conditions stated herein.
4. SCOPE OF SERVICE AND LIMITATIONS. Following entry of your information and request, Good AC Guy will provide a list of service providers in your area who may offer or agree to fulfill your service needs. Good AC Guy does not guarantee that it will be able to provide the name of a service provider in your area, that it will be able to provide a complete list of service providers, or that it will be able to match your particular service needs with the services offered by a service provider. Good AC Guy does not offer or provide construction services, repair services, or any similar services within the construction industry or related industries. Good AC Guy is not a product manufacturer or supplier. Good AC Guy merely provides a marketplace and electronic bulletin board for those offering such services. The user accepts and acknowledges that the user is solely and fully responsible for researching, evaluating, and selecting a service provider. The user is specifically advised to conduct thorough and independent research as to whether the service provider is properly qualified, licensed, insured, reputable, and otherwise capable of performing the services sought. Good AC Guy is not an attorney and cannot give legal advice. Those who seek to enter into contractual relations with service providers, those who seek to discontinue such contractual relations, and those involved in disputes with service providers should seek the advice of an attorney and should not act unless they are clear as to their legal rights and duties. Construction lien law can be especially complex, and it is recommended that you consult an attorney immediately should a lien be placed against your property.
5. INDEPENDENCE OF SERVICE PROVIDERS/DISCLAIMER OF SERVICE-PROVIDER WARRANTIES. The service providers listed by Good AC Guy, or that otherwise offer, provide, or advertise their services through this website, are not employees, agents, subsidiaries, joint venturers, or affiliates of Good AC Guy. Good AC Guy does not control their actions, representations, or services. Good AC Guy does not recommend any one service provider over any other service provider. Any guarantees, warranties and representations made by service providers do not constitute the guarantees, warranties, or representations of Good AC Guy. Good AC Guy is not responsible for the accuracy of information provided by any service provider. Good AC Guy does not guarantee, warrant, endorse, defend, investigate, or supervise the performance, representations, guarantees, or warranties of any service provider. GOOD AC GUY HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS,AND OTHER INFORMATION PROVIDED BY OR POSTED BY SERVICE PROVIDERS WITHIN THIS WEBSITE OR ELSEWHERE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR PRESENTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED BY SERVICE PROVIDERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH PERSONS AND ENTITIES, AND THAT SUCH WARRANTIES, GUARANTEES, AND REPRESENTATIONS WILL NOT BE ENFORCED AGAINST GOOD AC GUY.If you enter into a contract with a service provider, your rights are governed by the contract and by applicable law. If a service provider enters into a contract with you or with any other user of this website, its rights are governed by the contract and by applicable law. In either case, Good AC Guy is not a proper party to any dispute that may arise between service providers and website users.
6. THIRD PARTY CONTENT/LINKS/STATEMENTS OF OPINION. Advertisements and other information, logos, and trademarks, appearing within this website may be owned by third-party service providers and others, and should not be used or reproduced without the express consent of their respective owners. Service Providers may be granted limited and nonexclusive permission to create a hyperlink to the home page of Good AC Guy. Good AC Guy does not control links to third-party sites, and Good AC Guy is not responsible for their content or functionality. No link may portray Good AC Guy in a false light or defame or disparage the services offered by Good AC Guy or any Service Provider listed through Good AC Guy. Good AC Guy is not responsible for any statements of opinion, complaints, comments, reviews, or ratings posted or published within its website, on any websites owned or controlled by third parties, or in any other location. Such representations constitute the opinions of those who posted the same, are not endorsed by Good AC Guy, and do not reflect the opinions of Good AC Guy or its officers, directors, agents, or employees. Good AC Guy does not regularly review posted comment and has no obligation to conduct such reviews or to regularly remove content that does not meet the criteria set forth within these Terms and Conditions. Good AC Guy nevertheless reserves the right to remove, without notice, any content, posted within its website that Good AC Guy, in its sole discretion, deems as disparaging, offensive, disruptive, or potentially defamatory.
7. LIMITS ON LIABILITY/HOLD HARMLESS/DISCLAIMER. You acknowledge and agree that all services provided by and through this website are provided on an AS IS and AS AVAILABLE basis. You acknowledge and agree that Good AC Guy is not liable with respect to any disputes that may arise between you and any service provider. Good AC Guy specifically disclaims any responsibility or liability whatsoever for failure of performance; late payment, non-payment, financial disputes with service providers; incomplete, shoddy, nonconforming, or defective work; defective or hazardous products; injuries sustained on the job site; injuries or accidents occurring in transit to or from the job site; injuries resulting from defective workmanship; code violations, criminal violations, and statutory violations; fraud, civil theft, and other tortious conduct; abandonment of any contract; false advertising; bidding and contractual disputes; injuries resulting from engineering, building, or design errors; mold, radon, latent defects, and hazardous materials; warrantee and guarantee issues; and any other claims or disputes, of any type whatsoever, without limitation, that may arise out of services sought, offered, or provided as a result of contacts generated by this website. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, GOOD AC GUY SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGES FLOWING FROM, ARISING OUT OF, OR CONNECTED WITH THIS USER AGREEMENT AND SERVICES RENDERED THROUGH THIS WEBSITE OR PURSUANT TO THIS USER AGREEMENT, IRRESPECTIVE OF ANY NEGLIGENCE, GROSS NEGLIGENCE, MISFEASANCE OR MALFEASANCE ALLEGEDLY ATTRIBUTABLE TO GOOD AC GUY. THIS LIMIT SHALL APPLY WHETHER SUCH LIABILITY ALLEGEDLY ARISES FROM THE ACTS OF SERVICE PROVIDERS, OTHER USERS, GOOD AC GUY, OR THIRD PERSONS. AS A MATERIAL INDUCEMENT FOR GOOD AC GUY TO ALLOW YOU TO USE ITS WEBSITE, AND TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU HEREBY AGREE TO RELEASE, ACQUIT, AND FOREVER DISCHARGE GOOD AC GUY, ALONG WITH ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM ANY AND ALL MANNER OF ACTIONS, WHICH YOU MAY HAVE, OR WHICH MAY ARISE OUT OF, OR WHICH IS IN ANY WAY CONNECTED TO YOUR RELATIONS, DEALINGS, CONTACTS, OR CONTRACTS MADE AS A RESULT OF YOUR USE OF THIS WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GOOD AC GUY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM ANY AND ALL CLAIMS, DISPUTES, OR DEMANDS ARISING OUT OF OR IN ANY WAY CONNECTED WITH CONTACTS MADE OR RELATIONSHIPS FORMED THROUGH USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS BY THIRD PARTIES, CLAIMS BY OTHER USERS, CLAIMS BY SERVICE PROVIDERS, AND CLAIMS ARISING FROM ANY VIOLATION OF THE TERMS AND CONDITIONS STATED HEREIN. EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE FULLEST EXTENT THAT THIS LIMITATION CAN BE ENFORCED AT YOUR LOCALITY, YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY AGAINST GOOD AC GUY, WITH RESPECT TO ANY CLAIM RELATED TO USE OF THIS WEBSITE, IS THAT YOU ARE FREE TO DISCONTINUE, WITHOUT NOTICE, USE OF THE WEBSITE AND ANY SERVICES OFFERED BY GOOD AC GUY. EXCEPT AS EXPRESSLY SET FORTH WITHIN THIS USE AGREEMENT, GOOD AC GUY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE. GOOD AC GUY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THIS WEBSITE OR THE INFORMATION AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW WITHIN ANY STATE, COMMONWEALTH, TERRITORY, PROVINCE, PROTECTORATE, OR JURISDICTION, THE FOREGOING LIMITS ON LIABILITY, LIMITATIONS ON CERTAIN DAMAGES, AND/OR DISCLAIMER OF WARRANTIES SHALL NOT APPLY.
8. DISCLAIMER AS TO ACCURACY/RELIANCE ON INFORMATION. Good AC Guy makes no claims, representations, or warranties as to the accuracy, reliability, or suitability of the information contained within this website, including, but not limited to, the information contained in any text, documents, graphics, and other elements. ALL INFORMATION IS PROVIDED AS IS, WITHOUT A WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. The information provided within this web site may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error, and should not be relied on except as a starting point for research or investigation. You agree not to rely on any information provided within this website as a basis for decision until you have independently researched, verified, and confirmed the same. Good AC Guy may allow service providers to post information on the website. Good AC Guy does not investigate the accuracy of such information, and you should independently check and verify any information presented.
9. RESTRICTIONS ON USE. If Good AC Guy discovers, receives information indicating, or otherwise suspects that you have violated the Terms and Conditions, or restrictions on publication and use, as set forth herein, or that you are causing problems, acting in a reckless manner, or creating liabilities of any type, Good AC Guy reserves the right, in its sole discretion, to terminate your use of and access to the website, without notice. As consideration and as a material incentive for Good AC Guy to permit use of its website, you agree not to:
a. Publish, post, or otherwise communicate false information, inaccurate information, misleading information, or libelous or defamatory content;
b. Violate any laws, regulations, or codes;
c. Use the website if you are under the age of 18 or are unable to form a legally binding contract;
d. Post inappropriate, impertinent, or scandalous content or post items in an inappropriate category;
e. Use the website if you have been suspended or barred from use;
f. Interfere with another user’s listings or requests, or take any other action to undermine communications or the efficient operation of the website, including, butnot limited to, the distribution of spam, chain letters, and viruses; hacking and jamming; and use of harmful technologies of any type;
g. Replicate, reproduce, copy, or distribute content from this website, or Good AC Guy’s copyrights and trademarks, in violation of this user agreement;
h. Assist or conspire with others to circumvent fees due from service providers to Good AC Guy;
i. Falsely pose as a customer, service requester, or service provider, or otherwise use a false identity,email address, telephone number, or physical address, whether to gain some financial advantage, to generate economic harm, to jam or disrupt communications, to commit fraud, or for any other purpose whatsoever; or
Should you knowingly post false information, or violate any other Terms and Conditions set forth above, Good AC Guy may be entitled to injunctive relief, and may seek legal and equitable remedies including, but not limited to, tortious interference with contractual and/or advantageous business relations, common law fraud and/or wire fraud, fraudulent inducement, negligent inducement, invasion of privacy, defamation, deceptive trade practices, and various other causes and remedies, in addition to seeking damages for breach of this User Agreement.
10. FALSE SERVICE REQUESTS/REMEDIES. Should you make a service request using a false identity, you agree that such action constitutes a material breach of this user agreement. You further agree that damages under such circumstances, in the form of lost profits, lost opportunity, consequential damages, damage to reputation, and disruption of services, would be difficult to measure. Therefore, any person or entity making service requests or other applications and inquiries using a false identity, agrees to pay damages in the amount of $9,000.00, per incident, to both Good AC Guy and each service provider to whom such request was made. This amount does not constitute a penalty, but is a valid attempt to quantify damages that may result from such incidents. In addition, the person or entity making such false request or request under a false identity agrees to pay all reasonable attorney fees, investigative costs, and other costs and expenses incurred by Good AC Guy, including fees, costs, and expenses incurred on appeal, and in determining the amount of reasonable fees, costs, and expenses. This provision shall not limit Good AC Guy’s right to pursue other remedies and damages for related and unrelated tortious acts. Further, should a single person or entity make three (3) or more such false requests, such activities shall be deemed to constitute a pattern of false requests under this user agreement. Under such circumstances, Good AC Guy shall have the right, at its sole discretion, to waive the liquidated damages provision stated herein, and pursue additional damages, including, but not limited to punitive damages.
11. DISPUTE RESOLUTION WITH SERVICE PROVIDERS. You agree and acknowledge that Good AC Guy has no obligation to address, acknowledge, review, take up, or respond to complaints or disputes with respect to the representations, actions, or services of a service provider. Any inquiries or complaints should be directed to the service provider. At its sole discretion, Good AC Guy may offer gratuitous, informal, limited assistance to users who contacted a service provider through the Good AC Guy website and who are dissatisfied with the services provided. Such inquires should be directed to Good AC Guy’s Client Services Department. Any user seeking such assistance agrees to have made a good-faith effort to resolve the dispute with the service provider before contacting Good AC Guy, and further agrees to cooperate, to act in good faith, and to deal fairly in its contacts with Good AC Guy. The user seeking such services specifically acknowledges that Good AC Guy is not acting as an attorney, mediator, arbitrator, or in any other formal capacity. You agree that any assistance provided by Good AC Guy, pursuant to this section is given free of charge and consideration, shall not subject Good AC Guy to any liability whatsoever, and shall not serve to create any new duties or obligations on the part of Good AC Guy. Good AC Guy reserves the right to terminate such assistance at any time, at its sole discretion, with or without cause.
12. USE OF INFORMATION. As a material incentive for Good AC Guy to allow use of this website, you agree to the following terms and conditions regarding use of information. You will be required to disclose certain information, including, contact information, service needs, and such other data as is sought through requests, forms, and blank fields provided within this website. You authorize Good AC Guy to store this information and to send, share, and distribute this information with service providers. You understand that Good AC Guy will use this information to provide services, to contact you should the need arise, to provide this information to service providers, and for related purposes. You understand that service providers may use this information to determine whether they are capable of providing the service requested, to determine whether you lie within their service area, and to determine whether they are interested in submitting a bid. You authorize Good AC Guy as well as the service providers to contact you by e-mail, telephone, mail, fax, or by any other reasonable mode of communication. By entering contact information or a service request in the Good AC Guy website, you specifically agree to waive any restrictions of any Do Not Call list or similar service, or any law or regulation that restricts commercial solicitations, telephone calls, faxes, or any other form of commercial speech or advertisement. Please consult Good AC Guy’s privacy statement for additional details concerning use of the information you provide to and through this website. Should any terms within this section conflict with those incorporated within Good AC Guy’s privacy statement, those contained within this section shall prevail.
13. SERVICE PROVIDER SCREENING. When a service provider applies for membership, Good AC Guy takes basic steps to ascertain the credentials of the service provider. Steps may include, but will not necessarily include or be limited to, criminal checks, identity verification, sexual predator checks, and state-wide license verifications. All or part of this inquiry may be carried out by a third-party, and may rely partially or entirely on third-party data and data sources. The procedure may change from time to time, at the sole discretion of Good AC Guy. Good AC Guy has no obligation whatsoever to conduct such inquiry, to confirm the accuracy of any data provided to it by third-party sources, or to undertake any independent investigation. You understand that Good AC Guy does not provide any guarantee, warrantee, endorsement, recommendation, or representation regarding the qualifications, credentials, reputation, license status, insurance status, financial status, bonding information, corporate status, safety record, discipline record, litigation record, or integrity of any service provider. You agree and understand that the process is not error free, does not constitute a detailed background check, and is extremely limited in scope. You understand that, even if steps to ascertain the credentials of service providers are taken at the time a service provider registers with Good AC Guy, the status of the service provider may change over time. In addition, Good AC Guy relies to some degree on the representations of the service providers themselves. You agree and acknowledge that Good AC Guy has a right to rely on such information without independently verifying the same and without incurring any liability. Consequently, you understand and agree that it is solely your responsibility to research, ascertain, confirm and verify the license requirements, license status, qualifications, safety record, disciplinary record, insurance status, corporate status, bonding information, integrity, and other qualifications of a service provider. Determining whether a service provider is properly licensed to perform a specific task within a specific locality can be a complex task, and you should consult with the appropriate state agency, the county and local building departments, and other license authorities when making such a determination. In addition, you should ask for a copy of the license prior to entering into contract. GOOD AC GUY DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICE PROVIDER SCREENING PROCESS, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE. GOOD AC GUY STRONGLY RECOMMENDS THAT YOU DO NOT USE OR HIRE AN UNLICENSED CONTRACTOR. AS A MATERIAL INCENTIVE FOR GOOD AC GUY TO PERMIT USE OF ITS WEBSITE, YOU AGREE TO RELEASE GOOD AC GUY FROM ANY AND ALL LIABILITY FOR INSUFFICIENT SCREENING PROCEDURES, AND YOU SPECIFICALLY AGREE TO BE RESPONSIBLE FOR ASCERTAINING AND VERIFYING THE CREDENTIALS AND CURRENT STATUS OF SERVICE PROVIDERS.
14. GENERAL PROVISIONS. The following general conditions apply to this User Agreement, and shall be deemed part of the Terms and Conditions stated herein:
a. Enforcement/Binding Effect. User agrees and acknowledges that this user agreement constitutes a contract enforceable in a court of law or equity, that it is supported by sufficient consideration, and that it is specifically enforceable to the fullest extent possible under the court’s equitable jurisdiction. The Terms and Conditions stated herein will inure to the benefit of Good AC Guy’s successors, assigns and licensees
b. Dispute Resolution. User and Good AC Guy agree that any disputes that arises under this user agreement, or that is in any way related to this user agreement or to services provided by Good AC Guy, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association. The party determined to be in violation of the Terms and Conditions of this agreement, shall be responsible for all reasonable attorney’s fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, and the like, including attorney’s fees incurred in establishing the amount of attorney’s fees to be awarded. You agree to bring any action arising out of this agreement, within one year from the date the action or cause accrued. Should you fail to bring such action within a year, you agree to waive such claims to the fullest extent permitted by law.
c. Entire Agreement/Merger. This user agreement contains the entire agreement between the parties as to the subject matter hereof. User agrees and acknowledges that no representations, promises, or agreements, other than those made herein, have been made by any of the parties hereto in connection with this agreement. All prior representations are merged into this agreement.
d. Construction/Severability. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. If any term or provision of this agreement or the application thereof to any person or circumstance shall be determined to be void, invalid or unenforceable by any court of competent jurisdiction, then such provision or determinations shall be modified to conform it to law and to make it enforceable, while maintaining, to the fullest degree possible, the purpose of the provision. If such modification is not possible, the provision shall be stricken, and shall not affect the validity and enforceability of the remaining Terms and Conditions and the overall agreement.
e. Venue and Jurisdiction. In the event that there is any dispute concerning or arising out of this agreement or performance of this agreement, user and Good AC Guy agree that the sole venue and jurisdiction shall be vested in Palm Beach County, Florida. Arbitration and all enforcement proceedings shall take place in that jurisdiction. To the fullest extent permissible by law, the website user waives any objection to venue or jurisdiction, and agrees that Good AC Guy is to perform its obligations under this agreement in Palm Beach County, Florida. The parties agree that this agreement shall be governed by the laws of the State of Florida.
f. Waiver. The failure of Good AC Guy to exercise or enforce any provision of the Terms and Conditions shall not constitute a waiver of such right or provision.