Terms of Service
Effective date: May 16, 2024
Introduction
Please read these Terms and Conditions ("Terms") carefully before using our website and any online services, software, or applications provided by Silverman Plumbing, Heating, and A/C ("Silverman," "we," "us," or "our") that link to these Terms (the "Service"). By visiting or using the Service in any manner, you agree to the then-posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy.
These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Service, are legally binding, limit Silverman's liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.
Additional Terms
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Updates to these Terms and Additional Terms
We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service. Please review these Terms regularly to stay informed about any changes.
Grants and Limitations of Rights
- Limited License: We grant you a limited, revocable license to use the Service subject to rules and limitations.
- Content Submission: You grant us a broad license to the content you submit and to your profile. You retain ownership of and responsibility for your content.
- Service Management: We have the right to manage our Service to keep its content appropriate.
Limitations on Your Remedies
As permitted by applicable law:
- Disclaimer of Warranties: We disclaim most warranties and provide the Service "As Is".
- Limitation of Liability: Our liability is greatly limited.
- Injunctive Relief: Your equitable or injunctive relief rights are limited.
Dispute Resolution
As permitted by law, you agree to arbitrate disputes and waive jury trials and class actions.
Availability of Service
We may change or discontinue our Service, or your right to access it, in whole or in part.
Ownership and Your Rights to Use the Service and Content
Ownership
The Service and all its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names, and other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Silverman, our licensors, and certain other third parties.
Your Rights to Use the Service and Content
Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.
Content You Submit and Community Usage Rules
User-Generated Content
You may submit user-generated content ("UGC") through your profile, forums, blogs, message boards, social networking environments, and other communications functionality. Except for the rights and license you grant in these Terms and any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
Non-Confidentiality of Your User-Generated Content
Except as otherwise described in the Service’s posted Privacy Policy or any applicable Additional Terms, your UGC will be treated as non-confidential and non-proprietary by us.
License to Silverman of Your UGC
Except as otherwise described in any applicable Additional Terms or in our Privacy Policy, you hereby grant Silverman the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed.
Service and Content Use Restrictions
Service Use Restrictions
You agree that you will not:
- Use the Service for any political or commercial purpose.
- Engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Silverman.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service.
- Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC.
Content Use Restrictions
You also agree that, in using the Service, you will not:
- Monitor, gather, copy, or distribute the Content on the Service by using any robot, spider, scraper, crawler, spyware, or any other automatic device, utility, or manual process of any kind.
- Frame or utilize framing techniques to enclose any such content.
- Use such content in a manner that suggests an unauthorized association with any of our products, services, or brands.
- Insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
Arbitration and Dispute Terms
Forum Selection/Jurisdiction
Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, shall be in New York. Each party submits to personal jurisdiction and venue in New York for any and all purposes.
Pre-Arbitration Notification
Silverman and you agree to discuss and hopefully resolve any disputes before formal proceedings are initiated. The party making a claim shall send a letter to the other side briefly summarizing the claim and the request for relief. If the dispute is not resolved within 60 days after notification, the claimant may proceed to initiate proceedings.
Arbitration of Claims
You and we each agree that all actions or proceedings arising in connection with any dispute shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis.
Class Action Waiver
Both you and we waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else.
Disclaimer of Representations and Warranties
Your access to and use of the Service is at your sole risk, and the Service is provided on an "As Is," "As Available," and "With All Faults" basis.
Limitations of Our Liability
Under no circumstances will any Silverman Parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with the Service, Content, UGC, or our other products or services.
Updates to Terms
It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service. Each time you sign in to or otherwise use the Service, you are entering into a new agreement with us on the then-applicable Terms and Conditions.
General Provisions
Silverman’s Consent or Approval
No Silverman consent or approval may be deemed to have been granted by Silverman without being in writing and signed by an officer of Silverman.
Indemnity
You agree to defend, indemnify, and hold Silverman Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Silverman Party.
Notices, Questions, and Customer Service
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to 347 Airport Rd Mongaup Valley, NY 12762.
Product Specifications; Pricing; Typographical Errors
We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.
Last updated: May 16, 2024