Last Updated Date: 5/1/2015

  1. Introduction and Eligibility

Please read these Terms of Use (“Terms“) carefully before using the Sites.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Sites means you accept any changes.

Binding Agreement. These Terms constitute a binding agreement between you and E Solutions LLC and its affiliates and subsidiaries (“E Solutions LLC,” “we,” “us“). “You” and “users” shall mean all visitors to the Sites. You accept these Terms each time you access the Sites. If you do not accept these Terms, you must not use the Sites. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Sites.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Sites after a change to these Terms constitutes your binding acceptance of these Terms.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Sites.

  1. The Sites

Welcome to www.HVACers.com (the “Site”), a website operated by E Solutions LLC  (“we,” “us,” “our”). Your use of the Site and any information distributed in conjunction with this Site, or any of the products or services offered thereon (collectively, the “Services”) is subject to these terms of use (“Terms of Use”), our privacy policy, and other notices posted on this Site. Your use of this Site or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms of Use, our privacy policy and other notices posted on this Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access the Site or use the Services. We suggest you print a copy of each of these documents for your records. In addition, some of the Services may be subject to additional posted terms and conditions. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference. In the event of inconsistency between these Terms of Use and any additional posted terms and conditions, the provisions of the additional terms and conditions shall control.

  • Participation Restriction

This Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site or submit information about yourself to the Site. We reserve the right to discontinue, suspend, cancel, deactivate or delete your account and all related information and files in your account. We further reserve the right (but do not have the obligation) to restrict, refuse, terminate, or suspend your access to or use of all or any part of the Services, at any time and for any reason without giving any prior notice, in our sole discretion, including without limitation, in such instances wherein we believe that you are or might be engaged in any form of fraudulent, illegal, or otherwise improper activity regarding the Services. You agree that we will not be liable to you or any third party for taking any of these actions.

  1. Revisions to the Site or Terms of Use

We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site and any part of our Services. In addition, we may revise these Terms of Use at any time, at our sole discretion, by posting an amended Terms of Use on the Site. Any changes that we make to the Terms of Use will be effective immediately upon posting. Please check this page periodically for changes to the Terms of Use; you will be able to determine if the terms have been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this page. Your use of the Site and any dispute related thereto is subject to the then-current version these Terms of Use.

  1. Proprietary Rights

The Site, its underlying technology and software, and all content and materials within the Site, including site layout, design, images, programs, text, illustrations, videos, music, logos, trademarks, service marks, animations, and any other information (collectively, the “Content”) are the property of E Solutions LLC, its affiliated companies or licensors, or other users of the Site, and is protected by U.S. and international copyright and other intellectual property laws. You acknowledge that these rights are valid and enforceable. Except as explicitly permitted, on a case-by-case and use-by-use basis, by the respective owner of the Content, you may not copy, display, distribute, modify, publish, perform, reproduce, republish, post, store, transmit, create derivative works from, reverse engineer, sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone. Nothing contained in these Terms of Use shall purport to convey any ownership or other rights with respect to the Content, and you acknowledge that by using the Site or Content you do not acquire any ownership or other rights with respect thereto. You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from E Solutions LLC

  1. Your Content

You hereby grant and agree to grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicenseable license to use, reproduce, create derivative works of, distribute, perform (publicly or otherwise), display (publicly or otherwise), transfer, transmit, distribute, convert to HTML or any other format, and publish all content you upload, post, e-mail, transmit, or otherwise make available on the Site or through the Services (“Your Content”) and portions, excerpts or subsequent versions thereof for the purposes of (i) displaying Your Content on our Site, (ii) distributing and allowing access to Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by other users, for free or for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

You covenant, represent and warrant to us that Your Content does not and shall not: (a) violate any laws; (b) be abusive, hateful, obscene, profane, pornographic, threatening, indecent, defamatory, libelous, offensive, vulgar, or otherwise inappropriate or objectionable with respect to applicable standards, customs, or practices; (c) erroneous or inaccurate (to the best of your knowledge); (d) infringe on or misappropriate any copyrights, trademarks, trade secrets, patents, other intellectual property rights, privacy rights, publicity rights, or any other proprietary or personal rights of any person or entity; (e) subject us to any costs, claims, or liabilities of any kind or nature. You understand that submission of Your Content is not made in confidence and shall not be held in confidence by us. We may, in our sole discretion, refuse, move, remove from the Site, or exercise editorial control over Your Content (or any portions thereof) at any time if we believe that such content is outdated, inaccurate, infringes the intellectual property rights or any other rights of any third party, obscene, defamatory or libelous, or otherwise illegal, is no longer of interest to other users of the Site, or for any other reason, or for no reason. We shall have no obligation, and shall not be liable for any failure, to use, display, distribute, or otherwise promote all or any part of Your Content.

  • Financial Matters

Fees. E Solutions LLC may charge users a fee to post ads or listing the product and services. The amount of any fees may be revised by E Solutions LLC from time to time and will be communicated to the user at the time of the transaction. Such fee schedule is incorporated by reference into these Terms. E Solutions LLC will provide notice to users of any subscription fee changes prior to charging them.

You Agree To Pay Us For The Listing Service. You agree to pay any fees for access or subscriptions you agree to listing your ads, product and service through the Sites. You agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments.

Subscription Auto-Renewal. We may provide annual or monthly subscriptions to use certain Sites functionality. We will automatically renew your membership at the end of the prior subscription period. If you have a monthly subscription, we will renew your subscription for another month. If you have a yearly subscription, we will renew your subscription for another year on the same day you signed up. Payment will be taken on the same day of the following month for a monthly subscription or following year for an annual subscription. We will automatically charge the payment method you used to pay for the prior subscription period. We will continue to charge the payment account you provided to pay for the subscription until you choose to terminate your account. If the payment method our service provider has on file does not make the payment, we may terminate or suspend your subscription. When you have an annual subscription, we will attempt to notify you prior to the end of the current subscription period that your subscription will be renewed. We will continue to take payment to pay for active subscriptions until the user cancels the subscription. Subscriptions may be cancelled at any time, but refunds are limited according to our refund policy below.

Discount and Promotions. We may run promotions or provide coupon codes for discounts on fees. The specific rules and regulations governing promotions and coupon codes will vary, and your participation constitutes your agreement to abide by those rules and regulations.

Pre-Authorization. When you provide billing information to us to pay for any fees related to using the Sites, we, through our third-party payment processor, may seek pre-authorization of your account prior to a purchase to verify the account is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations may reduce your available balance by the authorization amount until it is released or reconciled with the actual charge.

Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter.

Invoices. We will email you using the email address associated with your account any invoices of fees paid.

Refunds. We generally do not provide refunds. We reserve the right, but are not obligated, to refund some or all fees paid to us on a case-by-case basis. Please contact legal@HVACers.com to dispute a charge or request a refund.

Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Sites. E Solutions LLC is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

Currency. All monetary transactions take place in U.S. dollars.

Third-Party Payment Processors. E Solutions LLC currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen. Only those payment methods accepted by our third-party payment processor can be used to pay a fee through the Sites.

Availability of Certain Forms of Payment. E Solutions LLC makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Sites.

Fees Charged by Third-Party Payment Processors. The Sites currently use third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and E Solutions LLC is not responsible for any fees charged by them. E Solutions LLC disclaims all liability with regards to any fees or problems you have with third-party payment processors.

  • Your conduct

While using the Site, Services, and any information or products contained on the Site, you agree to comply with all applicable laws, rules, and regulations. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum. Without limiting any of the foregoing, you agree that you will not use our Site to take any of the following actions:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of another person or advocate any of the foregoing;
  • Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
  • Transmit files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage, disrupt, or adversely affect the operation of another person’s computer, the Sites, any software or hardware, or telecommunications equipment;
  • Advertise, promote, solicit, or offer to sell any goods or services for any commercial purpose unless you have our prior written consent to do so;
  • Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  • Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  • Restrict or inhibit any other user from using and enjoying any public area within our Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Interfere with or violate any other Site user’s right to privacy; solicit, collect or store personal information about other users of the Site without their express consent;
  • Impersonate any person or entity, including, but not limited to, a E Solutions LLC representative, or falsely state or imply, or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
  • Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose.
  • Interfere with or disrupt our Site, servers, or networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  • “Frame” or “mirror” any part of the Site without our prior written authorization.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to access, monitor, copy, retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, any part of the Site, or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
  1. Indemnification

You agree to defend, indemnify, and hold the E Solutions LLC Parties harmless from and against any and all claims, liability, suit, proceeding, demand or action, and any damages, losses costs (including reasonable attorneys’ fees and other legal costs), expenses, or settlement awards incurred in connection therewith, arising out of, or related to, (i) Your Content or any use thereof; (ii) Your use of the Site, Services and any Content thereon; (iii) any use or alleged use of your account or password by any person, whether or not authorized by you; and/or (iv) Your breach of any term of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

  1. Notification of Objectionable or Infringing Content

If You believe that any Content available on the Site is incorrect, pornographic, obscene, or offensive, or infringes your intellectual property rights, please notify us by mail to the address provided below. When reporting a copyright infringement, you must (a) identify the copyrighted work that you believe has been infringed upon, in sufficient detail so we can find it; (b) identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; (c) include a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) include a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your physical address, telephone number, and email address, and (f) your electronic or physical signature.

  1. com Content Ownership and Use

The contents of the Sites include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other HVACers.com content (collectively, “HVACers.com Content“). All HVACers.com Content and the compilation (meaning the collection, arrangement, and assembly) of all HVACers.com Content are the property of HVACers.com or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the Sites and the HVACers.com Content solely for the personal use of the Sites, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the HVACers.com Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original HVACers.com Content on any copy you make of the HVACers.com Content.

  • User Content and Our License to Use It

E Solutions LLC Claims No Ownership. The Sites may provide you with the ability to create, post, or share content, such as product reviews and comments (“Your User Content“). E Solutions LLC claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Sites. You are responsible for protecting those rights.

E Solutions LLC’s Use of Posted Content on the Sites. By creating, posting, or sharing Your User Content on or through the Sites, and subject to E Solutions LLC’s Privacy Policy, you grant E Solutions LLC a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your User Content for any purpose without compensation to you, including for the purpose of promoting E Solutions LLC and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will continue even after you stop using the Sites. You also hereby grant each user of the Sites a non-exclusive license to access Your User Content through the Sites. E Solutions LLC reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the Sites, any right, title, or interest in or to such content delivered via the Sites or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Sites or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Sites does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Sites. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

The Sites contains content from users and other E Solutions LLC licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Sites.

  • Copyright Policy

Tell us if you think a user has violated your copyright using the Sites, or if you think someone incorrectly reported that you violated his or her copyright. Send email to copyright@HVACers.com. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Sites infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Sites;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights. A “repeat infringer” is a user who, on more than two occasions, has been determined by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the Sites.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to E Solutions LLC. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

  • Suggestions and Submissions

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Sites. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas“), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
  1. User Content Disclaimers, Limitations, and Prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content“). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Sites you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Sites. E Solutions LLC does not endorse any, nor is it responsible for, User Content on the Sites. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

You agree to use the Sites only for their intended purpose and in an authorized manner. You must use the Sites in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Sites are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, decompile, disassemble, steal from, or gain unauthorized access to the Sites, user accounts, or the technology and equipment supporting the Sites, in whole or in part;
  2. frame or link to the Sites without permission;
  3. use data mining, robots, scraping, or other data gathering methods or devices on or through the Sites, unless specifically allowed by these Terms;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. transfer, distribute, sell, lease, license or sublicense access to the Sites to a third party without our express written consent;
  7. provide, disclose, divulge or make available to, or permit use of the Sites to any third party (except your ordinary course service providers, but excluding any service provider engaged by you to develop a database or product that would compete with the Sites);
  8. allow access to the Sites by any person other than an authorized user;
  9. develop any database, product, or service that is comparable to or would compete with the Sites and data available through the Sites, even if access to such database, product, or service is for internal use and not available to third parties;
  10. write or develop any derivative software or any other software program based upon the Sites or any E Solutions LLC Content;
  11. post advertising or marketing links or content, except as specifically allowed by these Terms;
  12. use the Sites in an illegal way or to commit an illegal act in relation to the Sites or that otherwise results in fines, penalties, and other liability to E Solutions LLC or others; or
  13. access the Sites from a jurisdiction where it is illegal or unauthorized.
  • Consequences of Violating These Terms

If you do not act acceptably, we may prohibit your use of the Sites. Account Termination. We reserve the right to suspend or terminate your account and prevent access to the Sites for any reason, at our discretion. We reserve the right to refuse to provide the Sites to you in the future.

Liquidated Damages for Taking HVACers.com Content. You agree that you will be liable to E Solutions LLC for any “database creation” using data from the Sites in breach of these Terms, by you and your affiliates, consultants, agents, contractors or employees and anyone else accessing the Sites on your behalf (directly or indirectly), and you agree to pay E Solutions LLC liquidated damages as described below for any such breach of these Terms. “Database creation” means using any of the prohibited actions listed in Section XI above to collect information from the Sites and create a database, product, or service comparable or in competition with the data provided through the Sites, regardless of whether such database, product, or service is marketed, sold, or made public. You agree that damages to E Solutions LLC from such breach of these Terms would be extremely difficult to quantify. Therefore, at E Solutions LLC’ option, in lieu of actual damages, E Solutions LLC will be entitled to $500,000 in liquidated damages, which the parties agree is a reasonable estimate of E Solutions LLC damages for such a breach and is not intended to be a penalty.

Content Removal. E Solutions LLC may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Sites.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Sites.

  • E Solutions LLC’ Liability

We are not liable for the actions of users when they use the Sites. We may also change the Sites at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Sites or other websites.

Changes to the Sites. We may change, suspend, or discontinue any aspect of the Sites at any time, including hours of operation or availability of the Sites or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Sites. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release E Solutions LLC of all claims, demands, and damages in disputes among users of the Sites. You also agree not to involve us in such disputes. Use caution and common sense when using the Sites.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Sites. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sites. Use the Sites at your own risk.

Third-Party Websites and Applications. The Sites may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

Third-Party Functionality. The Sites may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.

We make no promises and disclaim all liability of specific results from the use of the Sites.

Released Parties Defined. “Released Parties” include E Solutions LLC and its affiliates, officers, employees, agents, partners, and licensors.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Sites or these Terms:





Contact Information

E Solutions  LLC