Florida Best Air Conditioning. (“FBAC” or “we”) is an air conditioning sales and service company that operates a website on the Internet at www.floridabestac.com (the “FBAC Website”) at which FBAC customers may place orders for FBAC products and services. This Terms of Use Agreement (“Agreement”) is between FBAC and its customer. The terms “You” or “Your” mean collectively the person accepting this Agreement as provided below, and the company, if any, with which that person is employed or affiliated and on whose behalf that person is placing orders at the FBAC Website for products and services. You must agree to be bound by this Agreement at the FBAC Website as a condition of doing business with FBAC through the FBAC Website as more specifically set forth below. If You are employed by, or affiliated with, a company on whose behalf You are interacting with the FBAC Website, You represent and warrant to FBAC that You are accepting this Agreement and that You have full power and authority to bind that company to the terms and conditions of this Agreement, and that such company shall be so bound by reason of Your acceptance of this Agreement.

1. General.

Your right to create an FBAC Account or use the FBAC Website is conditioned upon Your acceptance of this Terms of Use Agreement by clicking on the “I Accept” icon on the FBAC Website. By accepting this Terms of Use Agreement, You agree that this Agreement will govern the terms and conditions of Your use of the FBAC Website and Your FBAC Account accessible to You at the FBAC Website, Your use of the functionality accessible to You at the FBAC Website, and through Your FBAC Account, the terms and conditions upon which FBAC will deliver FBAC products or services to You by reason of orders placed by You through Your FBAC Account, and any other content, or applications offered to You from time to time by FBAC in connection with the FBAC Website, and Your FBAC Account designed and maintained by FBAC pursuant to this Agreement. Each FBAC product or service that You may order through Your FBAC Account may be subject to other terms and conditions applicable to that product or service that may be posted on the FBAC Website (the “Additional Terms”) or imposed by the manufacturer or such products. All such Additional Terms are incorporated by reference into this Agreement.

BY ACCESSING OR USING THE FBAC WEBSITE AND BY CREATING AND USING YOUR FBAC ACCOUNT, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ANY OTHER ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN. YOU ARE ONLY AUTHORIZED TO USE THE FBAC WEBSITE AND YOUR FBAC ACCOUNT (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE FBAC WEBSITE AND IMMEDIATELY DISCONTINUE YOUR USE OF THE FBAC WEBSITE OR ANY FBAC ACCOUNT CREATED BY YOU AT THE FBAC WEBSITE.

2. Modifications to this Agreement.

FBAC may modify this Agreement from time to time, and any such modifications shall be effective upon posting by FBAC of the modified Agreement on the FBAC Website or on Your FBAC Account. You agree to be bound by any changes to this Agreement when You use the FBAC Website or Your FBAC Account after any such modification is posted on the FBAC Website or to Your FBAC Account. It is therefore important that You review this Agreement each time You access Your FBAC Account to ensure that You are aware of any changes or modifications to this Agreement.

3. Account Registration.

When You accept this Agreement, purchase products or services through the FBAC Website, or create Your FBAC Account, you represent and warrant to FBAC that:

1. You will provide true, accurate, and complete information about Yourself and the company with which your affiliated or employed as prompted by any FBAC Account registration processes, or in the course of ordering products or services through the FBAC Website, including, without limitation, Your name, the company with which You are employed or affiliated, Your business or personal telephone number, Your business or personal address, and a valid email address;
2. You will update Your business or contact information in order to maintain its truth, accuracy, and completeness.
3. You are at least eighteen (18) years of age and have the legal capacity and authority to be bound by this Agreement.
4. You are acting with a full authority of any company with which You are affiliated and on whose behalf you are accessing and using the functionality accessible at the FBAC Website, or through Your FBAC Account, and Your actions bind the company to the terms under which FBAC will deliver products or services to such company;
5. You will terminate the use of Your FBAC Account if, at any time, you are no longer employed or affiliated with the company on whose behalf You created Your FBAC Account.
6. You will, as provided herein, defend, indemnify and hold harmless FBAC, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all damages of any type, costs, fees, expenses, judgments, or liabilities of any kind, including reasonable attorney’s fees, costs, and litigation or arbitration expenses at any initial trial or hearing, or on appeal, or to enforce any judgment or arbitration award, arising from claims asserted by a third party alleging facts that if proven to be true would constitute Your breach of any of Your duties, obligations, representations or warranties to under this Agreement or to such third party;
7. You will comply with any and all federal or state laws, rules, or regulations, that govern the operation of Your FBAC Account, including, but not limited to, any state or federal laws regulating the use of personally identifiable information about consumers; and
   Your registration information and other information about Yourself that You have supplied to FBAC are subject to our Privacy Policy governing the FBAC Website, which is accessible at the following hyperlink floridabestac.com.
8. Obligation for Using Your Password.

ALL INFORMATION TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE FBAC WEBSITE OR YOUR FBAC ACCOUNT WILL BE DEEMED BINDING ON YOU. You agree that You are solely liable for all actions taken via Your password, whether or not made with Your knowledge or authority. You agree to guard Your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the FBAC Website or Your FBAC Account for which You will be legally responsible, and liable to FBAC for any resulting damages. If You suspect that someone may have obtained access to Your password who is not intended to have the authority to act on Your behalf, please contact FBAC immediately to enable FBAC to deny access to the FBAC Website or Your FBAC Account to anyone purporting to be You, or presenting Your password.

5. Use of the FBAC Website.
6. Lawful Purposes. You represent and warrant that You will not use the FBAC Website or Your FBAC Account for any purpose that is unlawful, or prohibited by this Agreement, or any law or regulation applicable to You or Your business.
7. License Grant and Restrictions. FBAC hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the FBAC Website and Your FBAC Account to (1) order products and services from FBAC; and (2) utilize the features, content and tools that FBAC makes available to You through the FBAC Website, Your FBAC Account, or otherwise. You shall use the FBAC Website and Your FBAC Account for the sole and limited purposes set forth above, and for no other purpose whatsoever without the express written consent of FBAC. Your FBAC Account created and maintained by FBAC shall be for Your sole and exclusive use as provided herein. You shall not make Your FBAC Account accessible for use by other persons or entities, including, but not limited to, any other persons or entities that are also customers of FBAC, or compete with FBAC. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any information, data, content, or software accessible or displayed to You by FBAC on the FBAC Website or displayed or made accessible through Your FBAC Account, including, without limitation, any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted herein does not include any resale or commercial use of FBAC Web Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools, except to the extent the FBAC Website is indexed by general purpose consumer accessible search engines, including, but not limited to, Google, Yahoo, AOL, MSN, or Bing. FBAC reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the FBAC Website or Your FBAC Account as described in Section 14 below. Any rights in the FBAC Website or Your FBAC Account not expressly granted to You herein are reserved to FBAC.

For so long as this Agreement is in effect, You grant to FBAC a non-exclusive, limited, and royalty free license to use Your name and contact information, and to display any other materials, information or content supplied by You to FBAC, subject to FBAC’s Privacy Policy.

1. Use of Information. FBAC may display on the FBAC Website, or on Your FBAC Account information, tips, facts, views, and opinions that FBAC deems worthy of publication. ALL SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED OR RELIED UPON BY YOU AS PROFESSIONAL ADVICE.
   Neither the FBAC Website, Your FBAC Account, or any data, information, text, images, or other content accessible on or through the FBAC Website may be duplicated, modified, reengineered, decompiled, reverse engineered, decrypted, reassembled, supplemented, translated, adapted, or enhanced, except by FBAC or as expressly authorized by FBAC in writing. You shall not remove any notice or other indicia of an intellectual property right from the FBAC Website or Your FBAC Account. You shall not use, copy, distribute, display, demonstrate, or sub-license the FBAC Website, any content on or accessible through the FBAC Website, or Your FBAC Account, the software related thereto, or any component thereof, except as permitted by this Agreement, or as expressly authorized by FBAC. The rights granted to You by FBAC to use the FBAC Website or Your FBAC Account are strictly limited to the rights specified herein and You shall not have any rights to re-license or sub-license access to, or use of, the FBAC Website or Your FBAC Account, or any components thereof, to any other person or entity. You acknowledge and agree that You are solely responsible for Your use of the FBAC Website and Your FBAC Account and for Your compliance with any laws and regulations relating to your business operations.

 

SMS Communications – Use Cases & Terms

By providing your mobile phone number to our company through our website, forms, scheduling tools, chat features, or other communication channels, you consent to receive SMS (text) messages from us for the purposes described below.

Description of SMS Use Cases

We may use SMS communications for the following purposes:

Appointment confirmations and reminders

Service scheduling updates

Order confirmations and receipts

Account notifications and important service alerts

Customer support communications

Follow-ups regarding services requested

Promotional offers, discounts, or marketing messages (only if you have expressly opted in)

Message frequency may vary depending on your interaction with our services.

Consent to Receive Messages

By opting in to SMS communications, you acknowledge and agree to receive recurring text messages from our company at the phone number provided. Consent is not a condition of purchase.

Message & Data Rates

Message and data rates may apply depending on your mobile carrier and plan. You are responsible for any fees charged by your carrier.

Opt-Out Instructions

You may opt out of SMS communications at any time by replying STOP to any message you receive from us. After opting out, you will receive a final confirmation message, and no further SMS messages will be sent unless you opt back in.

Support

For assistance, reply HELP to any message or contact us directly through our website.

 

SMS Opt-Out Instructions

You may opt out of receiving SMS (text) messages from us at any time.

To stop receiving text messages, simply reply STOP to any SMS message you receive from our company. Upon receipt of your opt-out request, you will receive a final confirmation message confirming that you have been unsubscribed. After this confirmation, you will no longer receive SMS communications from us unless you choose to opt in again.

Please note:

Opt-out requests apply only to the phone number from which the STOP request is sent.

If you are subscribed to multiple messaging programs, you may need to opt out of each program separately.

It may take a short period of time to process your request; however, we will make reasonable efforts to comply promptly.

If you need assistance, you may reply HELP to any SMS message or contact us directly through our website.

Message and data rates may apply according to your mobile carrier’s plan.

Message & Data Rates Disclosure

By enrolling in or consenting to receive SMS (text) messages from our company, you acknowledge and agree that message and data rates may apply.

Standard messaging and data charges from your mobile carrier may apply to each text message sent or received, depending on your wireless service plan. Charges may vary based on your carrier, plan type, and whether messages are sent domestically or internationally.

We are not responsible for any fees charged by your mobile carrier for SMS communications. Please contact your mobile service provider for details regarding your text messaging or data plan.

Message frequency may vary depending on your interaction with our services.

Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

By participating in our SMS messaging program, you acknowledge and agree that delivery of text messages is subject to effective transmission by your mobile carrier and network availability. Message delivery may be delayed or impacted by factors outside of our control, including but not limited to carrier limitations, network outages, technical issues, or device compatibility.

We are not responsible for:

Delays in message delivery

Undelivered or misdirected messages

Errors in message content caused by transmission issues

Service interruptions related to your mobile carrier

Participation in our SMS program is subject to your mobile carrier’s terms and conditions. You are solely responsible for maintaining an active mobile service plan capable of receiving SMS messages.

 

You and FBAC acknowledge that the rights granted to You by FBAC to access and use the FBAC Website and Your FBAC Account are a valuable contribution to the overall operation of Your business. You agree to pay promptly, and in accordance with FBAC credit terms, for any FBAC products or services delivered to You by reason of orders placed by You through Your FBAC Account.

1. FBAC Web Site Security.

You are prohibited from violating or attempting to violate the security of the FBAC Web Site, including, without limitation:

1. Accessing data not intended for Your use, or logging onto a server or an FBAC Account that You are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of the FBAC Website or any FBAC system or network, or to breach security or authentication measures utilized by FBAC on the FBAC Website without proper authorization.
3. Attempting to interfere with FBAC’s service to any other FBAC Account holder, or user of the FBAC Website, host or FBAC network, including, without limitation, via means of submitting a virus to the FBAC Web Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
4. Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by FBAC.
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
   Violations of FBAC’s system or network security may result in civil or criminal liability. FBAC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the FBAC Website or any activity being conducted on the FBAC Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the FBAC Website other than the search engine and search agents available from FBAC on the FBAC Website and other than generally available third party web browsers (e.g., Firefox, Google Chrome, or Microsoft Explorer).
6. Liquidated Damages.

In the event You breach or violate any of FBAC’s restrictions on the use of the FBAC Website or Your FBAC Account, use the FBAC Website or Your FBAC Account in a manner not permitted by the License granted herein, acquire or download any content, data, text or images from the FBAC Website or Your FBAC Account without authorization under this Agreement or without FBAC’s express written permission, or You remove any intellectual property notices from the FBAC Website or any content accessible or displayed on the FBAC Website without FBAC’s express written approval, You agrees that FBAC’s damages in the event of such unauthorized conduct by You will be difficult to quantify. Therefore, in the event of such a breach, and in addition to immediately commencing commercially reasonable efforts to cure any breach, You shall pay FBAC as liquidated damages, and not as penalty, the amount of $5,000.00 per occurrence, which liquidated damages shall be in addition to, and not in lieu of, any equitable relief to which NGF may be entitled by reason of the Receiving Party’s breach of this Agreement.

1. Order Acceptance.

There may be certain of Your orders placed through the FBAC Website or Your FBAC Account that FBAC is unable to accept and must cancel. FBAC reserves the right, at its sole discretion, to refuse or cancel any order for any reason. For Your convenience, You will not be charged until Your payment method is authorized, the order information is verified for accuracy and Your order is shipped or delivered. Among the circumstances that may result in Your order being cancelled include limitations on product quantities available for purchase, inaccuracies or errors in product, service, or pricing information, or problems identified by FBAC’s credit and fraud avoidance department. FBAC may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order. If Your order is canceled after Your payment has been received, FBAC will issue a credit to Your FBAC Account in the amount of the charge.

1. Pricing Information.

While FBAC strives to provide accurate product, service, and pricing information, pricing or typographical errors may occur. FBAC cannot confirm the price of any FBAC product or service until after You place an order at Your FBAC Account. In the event that a product or service is listed on the FBAC Website or at Your FBAC Account at an incorrect price or with incorrect information due to an error in pricing or product information, FBAC shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product or service. In the event that a product or service is mispriced, FBAC may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. FBAC strives to provide You with accurate prices on the FBAC Website; however, sometimes a price on the FBAC Website does not match the price in an FBAC product pricing database or catalogue. FBAC’s prices and the availability of FBAC products or services are subject to change without notice.

1. FBAC Refund Policy.

Upon delivery of any products You order through the FBAC Website, or Your FBAC Account, You will be required to sign a delivery receipt form indicating that the products are in acceptable condition upon arrival at their destination.

FBAC shall be responsible for arranging all shipments of products pursuant to Your orders.
You may return delivered products within fourteen (14) calendar days of delivery if the following criteria are met:

1. The product has not been installed.
   2. The product is in its original, unaltered packaging.
   You will be obligated to pay a restocking fee equal to fifteen percent (15%) of the gross purchase price of the returned product, which will reimburse FBAC for the expense of picking up the returned product. The restocking fee will be assessed to You upon scheduling of a date for FBAC to pick up the returned product.
2. Advertising on the FBAC Website and Your FBAC Account.

You acknowledge and agree that FBAC may, at its sole discretion, place advertisements of, or hyperlinks to, third party manufacturers or distributors of products and services available for sale through FBAC or through the FBAC Website. FBAC shall be entitled to retain all fees, if any, paid by third parties for such advertisements or hyperlinks. Although third party product or service providers may be advertised or listed on the FBAC Website or Your FBAC Account, FBAC is not responsible or liable if You link to such sites, or purchase any products or services through such sites. Your dealings with the operators of such third party websites are strictly between You and the company operating the site. The FBAC Privacy Policy accessible herein floridabestac.com only governs Your use of the FBAC Website and Your FBAC Account. You are strongly advised to review the terms of use agreements and privacy policies applicable to the use of any third-party sites before You interact with such sites or provide any of Your personally identifiable information to the operators of such sites. FBAC expressly disclaims any liability or responsibility to You for Your dealings with the operators of such sites.

FBAC DOES NOT MAKE ANY GUARANTEES OR REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES, OR SKILLS OF ANY ENTITIES THAT ARE ADVERTISED ON, OR LINKED TO OR FROM, THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, OR THE QUALITY OF THE PRODUCTS OR SERVICES THAT YOU MAY PURCHASE OR ACQUIRE FROM SUCH ENTITIES. IF YOU PURCHASE SUCH PRODUCTS OR SERVICES OR ENTER INTO A BUSINESS RELATIONSHIP WITH THE PROVIDERS OR SUCH PRODUCTS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND RISK. FBAC DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OR THE OUTCOME OR QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY ANY ENTITY OTHER THAN FBAC. SHOULD YOU HAVE A DISPUTE WITH A THIRD PARTY ADVERTISER, YOU MUST ADDRESS THE DISPUTE WITH THAT ADVERTISER DIRECTLY, AND YOU HEREBY AGREE TO RELEASE FBAC, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER ON THE FBAC WEBSITE OR YOUR FBAC ACCOUNT.

8. Intellectual Property Protection.

The information displayed on the FBAC Website or Your FBAC Account, or any other FBAC product or service including, without limitation, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations (collectively, “Content”), is the property of FBAC, the manufacturers from whom FBAC acquires products for resale, or other FBAC licensors. Such Content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such Content, other than as permitted in this Agreement. Systematic retrieval of data or other Content from the FBAC Website or Your FBAC Account, or any other FBAC service to prepare any collection, compilation, database, or directory is strictly prohibited.

The acronym “FBAC”, the name “Florida Best Air Conditioning”, the domain at which the FBAC Website is located, and any other FBAC graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of FBAC. FBAC’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FBAC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FBAC or any FBAC affiliates without FBAC’s express written consent. You may not use any meta tags or any other “hidden text” utilizing the FBAC’s name or trademarks without the express written consent of FBAC.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER FBAC NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE FBAC WEBSITE OR YOUR FBAC ACCOUNT. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS AGREEMENT.

9. User Submissions.

FBAC does not claim ownership of any materials You may provide to FBAC (including feedback and suggestions), or that You post, upload, input or submit in connection with Your use of the FBAC Website or Your FBAC Account (Your “Submissions”). Notwithstanding the foregoing, and subject to FBAC’s Privacy Policy, You hereby grant FBAC a royalty-free license to use Your Submissions (including, without limitation, the rights to: copy, distribute, relicense, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submissions), and to publish Your name in connection with Your Submissions. No compensation shall be paid or owed to You with respect to FBAC’s or its sub-licensees’ use of Your Submissions as licensed herein. FBAC is under no obligation to post or use Your Submissions, and may remove Your Submissions from the FBAC Website, Your FBAC Account, or any other web site or distribution channel at any time in FBAC’s sole discretion.

By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the FBAC Website, or Your FBAC Account, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant FBAC the license set forth above. You will defend, indemnify, and hold FBAC and its agents, employees, officers, directors, subsidiaries, affiliates, parents, and partners harmless from any losses, expenses, judgments, fines or penalties, including reasonable attorneys fees and litigation costs and expenses, based upon claims asserted by a third party alleging facts that if true would constitute a breach by You of any of the foregoing representations or warranties.

You are prohibited from posting on or through the FBAC Website or Your FBAC Account any “Prohibited Submissions”, which shall include, but not be limited to, Submissions that are deemed in FBAC’s sole discretion to be patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote information that You know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promote an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violate someone’s privacy, or provide or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that You have posted without that person’s consent. FBAC reserves the right to investigate and take appropriate legal action against anyone who, in FBAC’s sole discretion, violates this provision, including without limitation, removing the offending communication or Submission from the FBAC Website or Your FBAC Account, or any other web site hosted or maintained by FBAC, and terminating the Accounts of such violators.

FBAC DOES NOT ASSUME ANY RESPONSIBILITY FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER FBAC WEBSITE USERS THAT APPEAR ON THE FBAC SITE OR YOUR FBAC ACCOUNT.

FBAC DOES NOT ASSUME ANY RESPONSIBILITY FOR MONITORING YOUR SUBMISSIONS, AND, IF AT ANY TIME FBAC CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR SUCH SUBMISSIONS, FBAC NONETHELESS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE OR INACCURATE SUBMISSIONS, OR ANY RESPONSIBILITY FOR YOUR CONDUCT IN SUBMITTING ANY SUBMISSION.

FURTHERMORE, FBAC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ABILITY OF ANY PERSON TO RELY UPON ANY SUBMISSIONS SUBMITTED BY ANY REGISTERED USERS OF THE FBAC WEBSITE, OR ANY SUBMISSIONS THAT YOU MAY POST TO YOUR FBAC ACCOUNT, OR TO ANY OTHER SITE.

10. Disclaimer of Warranties.

FBAC uses reasonable efforts to provide accurate, complete, and current Content on the FBAC Website or on Your FBAC Account. Nevertheless, FBAC does not guarantee or warrant that the Content therein is accurate, complete, timely, or free of technical or typographical errors. It is Your responsibility to verify any Content displayed on Your FBAC Account or upon which You rely in placing any orders at Your FBAC Account or on the FBAC Website. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE FBAC WEBSITE OR YOUR FBAC ACCOUNT IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FBAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FBAC MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, AND THE CONTENT THEREON, WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU TAKE DELIVERY OF ANY PRODUCTS OR SERVICES SOLD TO YOU THROUGH YOUR FBAC ACCOUNT OR THE FBAC WEBSITE, FBAC DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT DISPLAYED THEREON. FBAC DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY SITE, INCLUDING ANY ADVERTISER’S SITE. FBAC DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE FBAC SITE OR YOUR FBAC ACCOUNT AND OTHER USERS OF THE FBAC WEBSITE OR YOUR FBAC ACCOUNT. INFORMATION OBTAINED BY YOU FROM THE FBAC WEBSITE OR THROUGH YOUR FBAC ACCOUNT SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXENT PERMITED BY APPLICABLE LAW.

11. Limitation of Liability.

YOU AGREE THAT NEITHER FBAC NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FBAC WEBSITE OR YOUR FBAC ACCOUNT SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, OR ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, OR THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE FBAC WEBSITE OR YOUR FBAC ACCOUNT.

YOU SPECIFICALLY AGREE THAT FBAC IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE FBAC WEBSITE OR YOUR FBAC ACCOUNT. FBAC IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, INCLUDING ANY INJURY OR DAMAGE TO ANY YOUR, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE FBAC WEBSITE OR YOUR FBAC ACCOUNT.

IN NO EVENT SHALL FBAC, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR THE INABILITY TO USE THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, ANY INFORMATION ACCESSIBLE ON THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, FROM ANY MESSAGES RECEIVED THROUGH THE FBAC WEBSITE OR YOUR FBAC ACCOUNT, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FBAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to Your use of the FBAC Website or Your FBAC Account, or to interpret or enforce this Agreement within one (1) year after such claim or cause of action arose or be forever barred.

12. Indemnity.

In addition to your duties set forth in Section 9 above, You agree to defend, indemnify and hold harmless FBAC, or any of its employees, officers, directors, subsidiaries, parents, affiliates, or agents (the “Indemnified Parties”) from any losses, expenses, damages, judgments, or penalties, including reasonable attorney’s fees and litigation expenses incurred at all levels of litigation, whether at trial or on appeal, arising from any allegations by a third party (a “Claim”) that, if proven to be true, would constitute a breach of You representations, warranties or other obligations under this Agreement. A Claim subject to this Section 12 shall include any allegations made by a third party or a governmental agency against an Indemnified Party arising from Your use of the FBAC Website or Your FBAC Account, or Your marketing or resale of any product purchased from FBAC through Your FBAC Account. In the event of any Claim, an Indemnified Party shall provide You with prompt written notice of such a Claim, and will cooperate with You on reasonable terms and conditions in Your defense of any such Claim. You shall have the right to select legal counsel to defend any Claim, provided that any Indemnified Party shall have the right to engage independent legal counsel at its expense solely for the purpose of monitoring the progress of the defense or settlement of any Claim. You shall have the right to settle or compromise any Claim, provided that the Indemnified Parties shall have the right to consent to any such settlement or compromise that will materially diminish the Indemnified Parties’ rights under this Agreement, which consent the Indemnified Parties shall not unreasonably withhold or delay. This indemnification obligation shall survive any termination of Your FBAC Account or Your right to use the FBAC Website.

13. Privacy Policy.

FBAC respects Your right to privacy and understands that visitors to and Account holders with FBAC need to be in control of their personal information. To that end, FBAC has developed a Privacy Policy floridabestac.com, that governs Your use of the FBAC Website and Your FBAC Account, and You should review it carefully. Your use of the FBAC Website and Your FBAC Account constitutes Your consent to the terms set forth in the FBAC Privacy Policy.

14. Termination of FBAC Website Access and Account.

You understand and agree that FBAC, in its sole discretion, may terminate Your right to use the FBAC Website and Your FBAC Account, delete any content stored in Your FBAC Account, direct You to cease using the FBAC Website or Your FBAC Account, and discontinue or restrict Your access to the FBAC Website or Your FBAC Account, all without notice to You and for any reason. You agree that FBAC shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the FBAC Website or Your FBAC Account, or any parts thereof.

15. Modifications to the FBAC Site or Your FBAC Account.

You understand and agree that FBAC may discontinue or change the FBAC Website or Your FBAC Account at any time, without notice to You. FBAC makes no commitment to update the information and content on the FBAC Website or Your FBAC Account. FBAC may, as it deems necessary and appropriate, make revisions, upgrades and modifications to Your FBAC Account from time to time to maintain the general performance and functionality of Your FBAC Account at no additional charge to You.

16. Miscellaneous
17. Assignment. This Agreement shall bind and inure to the benefit of FBAC’s successors, assigns and licensees. FBAC shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of FBAC’s assets, or operation of law without Your consent, or notice to You. You shall not have the right to assign, by contract, operation of law or otherwise, this Agreement or any of the rights, interests, or obligations hereunder, without FBAC’s express written permission, which FBAC may withhold in its absolute discretion.
18. Severability. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
19. Waiver. The failure of FBAC at any time or times to require performance of any provision hereof shall in no manner affect the right of FBAC at a later time to enforce the same.
20. Applicable Law. You acknowledge that the Content contained in the FBAC Website, and the FBAC supplied Content on Your FBAC Account, is controlled in and originates from the United States. FBAC does not make any representation that any of the Content, or any products or services available on the FBAC Website or through Your FBAC Account are appropriate or available for use in other countries or locations. FBAC does not have any responsibility for any access to this FBAC Website or Your FBAC Account from territories where the Content may be illegal or otherwise prohibited. If You choose to access the FBAC Website or Your FBAC Account from other locations, You do so at Your own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of the FBAC Website, Your FBAC Account, this Agreement, and any Content displayed on such sites, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts located in Broward or Miami-Dade Counties, Florida for any such claim. You further agree that in the event of any litigation or arbitration proceeding to interpret or enforce a Party’s rights under this Agreement, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award the prevailing Party its reasonable attorneys fees, costs, and litigation expenses, incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award.
21. Entire Agreement. These Terms of Use, as amended, and the consents provided by You, constitute the entire agreement between You and FBAC.
22. Amendments. Further to Section 2 of this Agreement, You agree that FBAC may amend or modify this Agreement or impose new conditions at any time by updating this Agreement on the FBAC Website or on Your FBAC Account, or upon notice from FBAC to You as published through the FBAC Website, Your FBAC Account, or by e-mail. Your use of the FBAC Website or Your FBAC Account after such updating or notice to You shall constitute Your acceptance of such amendments, modifications, or new conditions. If You do not want to be bound by an amendment, or subsequent version of this Agreement, You must to terminate Your use of Your FBAC Account, and refrain from using the FBAC Website or Your FBAC Account after the date of Your termination. No other amendments will be valid unless they are in a paper writing signed by FBAC and by You.
23. Notices. Except as expressly stated otherwise, any notices required or allowed under these Terms of Use shall be given to FBAC by postal mail to: Florida Best Air Conditioning, Inc., 8350 NW 52nd Terrace, Suite 301 – 1018, Miami, FL 33166 or to a successor address that FBAC makes available on the FBAC Website, on Your FBAC Account, or through any other reasonable manner. With respect to FBAC’s notices to You, FBAC may provide notice of amendments by posting them in the FBAC Website or on Your FBAC Account, and You agree periodically to check the FBAC Website or Your FBAC Account for notice of such amendments. FBAC may, alternatively, give notice to You of changes to this Agreement by sending an e-mail message to the e-mail address that You provide during registration. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
24. Survival.

The following provisions of this Agreement shall survive its termination for any reason: 1, 2, 3G, 4, 5C, 5D, 5E, 7, 8, 9, 10, 11, 12, and 16.

1. Descriptive Headings.

The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.