Local AC, LLC, a Florida limited liability company, (“Company”) and its website https://local-ac.com/, (“Website”) presents the below terms (“Terms”) as agreed between you (“You” or “Customer”) and Company (the “Agreement”). You should read this Agreement carefully before participating in any transaction with Company.
By participating in any transaction with Company, (1) You acknowledge that you have read, understand, accept, agree to, and are legally bound by this Agreement; (2) You are of legal age and competency to form a binding contract with Company; and (3) You have the authority to enter into this Agreement personally or on behalf of the company you have named as the purchaser or recipient of any Service (defined below) and to bind that You or the company to the Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT UTILIZE ANY SERVICE OF COMPANY.
The Terms of Service includes (1) Your agreement that Company has no liability regarding its performance of Services; (2) Your agreement that the Services are provided “As Is” and without warranty unless specifically provided herein; (3) Your consent to release Company from liability based on claims between users and generally; and (4) Your agreement to indemnify Company for Your use or inability to use the Services.
This Agreement limits the remedies that may be available to you in the event of a dispute. By means of illustration, without being a limit, this Agreement includes a class action waiver and a waiver of jury trials, and requests binding arbitration on an individual basis to resolve disputes.
Please note that this Agreement is subject to change by Company in its sole discretion at any time. When changes are made, Company will make a new copy of this Agreement available at the Website, and any new supplemental terms will be made available from within, or through, the affected Service on the Website. Company will also update the “Last Revised” date at the top of this Agreement. If you do not agree to any change(s) upon any revision of this Agreement, you shall cease using any Services.
Article 1 – Definitions
1. Definitions. Each term defined above has its assigned meaning, and each of the following terms has the meaning assigned to it.
“Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or otherwise, whether at law or in equity, including reasonable attorney’s fees resulting thereof.
“Agreement” has the meaning assigned to it above. Additionally, “Agreement” means this Agreement and its attached exhibits, as any one or more is amended from time to time in writing.
“Company” has the meaning assigned to it above. The definition of Company includes “Website” owned by Company.
“Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through Company.
“Equipment“ means any and all heating, ventilation, and air conditioning (HVAC) units, systems, parts, components, accessories, tools, and related materials supplied, installed, repaired, or otherwise provided by Company under this Agreement, including but not limited to air handlers, condensers, thermostats, ductwork, wiring, and associated hardware.
“Service(s)” means all labor, work, and activities performed by Company under this Agreement, including installation, maintenance, inspection, repair, replacement, adjustment, and removal of Equipment, as well as any related consultation, testing, or troubleshooting provided to Customer.
“Terms” means the rights, prohibitions, benefits, and obligations described herein.
Article 2 – Scope and Format
2. Scope. This Agreement governs any and all Equipment and Services.
3. Format of Agreement. You expressly acknowledge, understand, and agree that this Agreement, whether in electronic form on in print form, is legally binding between You and Company. Furthermore, you expressly acknowledge, understand, and agree that in the event this Agreement was/is revised via either electronic format or print format, the most recent revision is controlling. By way of illustration, if this Agreement has been revised, and the revised, electronic version is on the Website, but the print version You executed is not the most recent revision of the Agreement, the most recent revised electronic version is controlling, and You are bound to that most recent revised electronic version despite executing the unrevised print agreement.
Article 3 – Terms
4. Warranties. Warranties valid only for You, the original Customer, and not transferrable
a. Warranties apply only to the original customer who purchased the Equipment or Services. Warranties are non-transferable and do not extend to subsequent property owners, tenants, or other third parties. Warranties do not cover damage caused by misuse, neglect, unauthorized repairs during the warranty period, alterations, acts of nature, or lack of routine maintenance.
b. Warranties are voided if a person, other than Company, performs Services on Equipment.
5. Restocking Fee. Pursuant to applicable laws, Company may assess a restocking fee equal to 12 percent of the retail value of any Equipment that is returned, cancelled, or refused after the expiration of the statutory cancellation period.
6. Non-disparagement. The parties acknowledge that their respective reputation and each of their products and services are of the highest order, and that each party desires to maintain its excellent reputation. In no event shall either party, in the performance of the services or in the exercise of their rights hereunder, take any action that casts the other party, any of its affiliates, or its associates in a disparaging light, in a negative or derogatory manner, or in a manner as to be a detriment to any of them. For the avoidance of doubt, factual statements made by one party about the other party are not prohibited by this paragraph, nor is either party prevented from publicly defending itself in response to a potentially disparaging or potentially defamatory statement made by the other party.
7. Limitations of Liability. Company is not liable for indirect, incidental, or consequential damages. Company’s total liability for any claim shall not exceed the amount paid for the specific service giving rise to the claim.
8. Indemnification. You agree to indemnify, defend, and hold harmless Company, its owners, employees, agents, and subcontractors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
a. Your breach of these Terms;
b. Your negligence or willful misconduct;
c. Your failure to provide safe, lawful, and reasonable access to the work area;
d. The installation or use of equipment, materials, or parts provided by you; or
e. Any claim by a third party resulting from your actions or omissions in connection with the services.
f. This indemnity applies to the maximum extent permitted by law and survives completion of the services.
9. Severance provision. If any provision of this Agreement (or any other agreement) is illegal or unenforceable, that provision is severed from said agreement and other provisions remain in force.
10. Change of Terms. Company may update these terms at any time by posting the revised version on our website or providing you with written notice. Continued use of Company’s services constitute acceptance of the updated terms.
11. Waiver of Construction Against Drafter. Each party to this Agreement acknowledges this Agreement has been negotiated at arm’s length between persons knowledgeable in the matters contemplated herein, and each party participated in its drafting. Accordingly, any rule of law, statute, legal decision or common law principle that would require the interpretation of any ambiguities in said agreement against the drafter thereof is of no application and is expressly waived. The provisions of said agreement shall be interpreted in a reasonable manner to effectuate the intentions of the parties hereto.
12. Arbitration and Waiver of Class Actions. Any and all dispute, controversy, or claim arising out of or relating to this Agreement, the Equipment, or the Services, including the validity, enforceability, or scope of this arbitration provision, shall be resolved exclusively by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall take place in Orange County, Florida, unless the parties agree otherwise in writing. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Customer and Company expressly waive any right to bring or participate in a class, collective, or representative action, whether in arbitration or otherwise. The arbitrator shall not have authority to consolidate claims of more than one person, or to preside over any form of class, collective, or representative proceeding. Each party shall bear its own fees and costs (including attorneys’ fees) in connection with the arbitration, except that the arbitrator may award fees and costs to the prevailing party as permitted under applicable law or this Agreement.
13. Attorney’s fees. If either party brings Action to enforce its rights under this under this Agreement, the prevailing party will be entitled to recover its expenses (including reasonable attorney’s fees) incurred in connection with the action and any appeal.
14. Choice of law/venue. All terms are governed by the laws of the State of Florida, without regard to conflict of laws rules. Any disputes shall be resolved in the state courts in and for Orange County, Florida.
By using our services, you (“Customer”) agree to the following Terms and Conditions.