Last Modified: 11/1/2024

These Terms of Service, along with all other policies, agreements, disclaimers, and disclosures incorporated herein by reference or otherwise displayed on the Site (collectively, the “Terms”), sets forth a legally binding agreement between you and Borghese Plumbing and HVAC (“Company”, “we” or “us”). These Terms govern your access to and use of the websites owned and operated by the company linked to these Terms, including the website located at (https://Borgheseplumbingandhvac.com) (the “Site”), as well as the features and services made available or enabled via the Site (collectively, the “Services”). Please read these Terms carefully before using the Services. If you do not agree to follow and be bound by these Terms, you may not use the Services.

1. Acceptance of Terms
By accessing or using the Services, or by clicking on the “I accept” button when this option is made available to you and/or accessing the Site, you agree to follow and be bound by these Terms, without limitation or qualification, and to abide by all applicable laws with regard to your access to and use of the Services. In addition to the terms and provisions set forth herein, your ability to access and display certain content that is made available through the Services from time to time may require you to accept additional terms and conditions as applicable to such content (the “Additional Terms”). When accessing or using any of the Services, you shall be subject to any rules or policies applicable to such access and use that may be posted or made available to you on or through any of the Services, including our Privacy Policy (collectively, the “Company Policies”). The Additional Terms and Company Policies are incorporated into and made a part of these Terms in full by this reference.

2. Age Requirements & Accessibility
You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these terms in order to access and use the Services. Individuals under the age of majority are not eligible to use the Services and may not submit any personal information to us. By accepting these Terms or accessing or using the Services, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by these Terms. If you have difficulty using or accessing any of the Services or would like to share any feedback regarding accessibility, please contact us at info@affordableairla.com.

3. Changes to These Terms
We will email you or post a notification on the Services in the event of any material changes to these Terms. Such changes shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Services. Please check these Terms periodically for changes. Your continued use of the Services following our posting of any changes to these Terms means that you accept those changes.

4. Privacy Policy
When you access the Services you provide us with different types of information. Please read our Privacy Policy, which explains how we collect, use and share information through the Services, including the use of third-party services to collect information to monitor the Services’ performance, as well as your choices regarding these activities. The Privacy Policy applies to use of the Services, and its provisions are incorporated into these Terms.

5. License Grant
Subject to these Terms and your compliance with these Terms, we grant to you a limited, personal, non-transferable, non-assignable, non-sub-licensable, non-exclusive, terminable and revocable license to access and use the Services, including the text, graphics, data, information, and other content made available or enabled via the Services (collectively, “Company Content”), including any Company Content obtained by or through widgets, RSS feeds, APIs, or other similar means. The Company Content may be accessed and displayed for personal, educational, news reporting, or other policy purposes, provided that such copies display all copyright and other applicable notices to the extent such notices are contained in such Company Content and provided further that you do not use the Company Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to Company. You must also provide proper attribution to Company or the applicable third parties in connection with your use of Company Content. You do not have any rights beyond those granted to you herein. Company reserves all rights not expressly granted to you herein.

6. Restrictions on Use
You may access the Services and all associated content solely for your personal use and enjoyment. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You agree not to use any device, software, or routine to interfere with the proper functioning of the Services. In using the Services, you may not:

– Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
– Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
– Transmit or solicit any content, information, software, or other material that violates or infringes upon the rights of others, without first obtaining permission from the owner or right holder;
– Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component;
– Use any software, tool, data, device, or mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us, or violate any security features;
– Frame or utilize framing techniques to enclose any aspect of the Services, including any trademark, logo, or other proprietary information (including Company Content and its layout and/or form, including its distinctive “look and feel”) without our express, prior written consent; or
– Use any metatags or “hidden text” utilizing our name or trademarks without our written consent.

7. User Covenants
By accessing or using the Services, you agree to, acknowledge, and represent that: (i) you understand that the content provided via the Services is intended for informational purposes only, (ii) you will comply with all laws in using the Services, including any third-party services made available to you via the Services, and you will not perform or fail to perform any act that you know or reasonably should know would place Company in violation of any law, and (iii) you have the authority and capacity, under the laws of the jurisdiction in which you reside, to make the representations and be bound by the covenants herein.

8. Copyrights, Trademarks & Proprietary Rights
When accessing the Services, you agree to comply with all applicable laws and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violation of applicable law and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us. As between you and Company, all content and other information that is displayed or otherwise made available by or through the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by Company or our licensors (as applicable) and is subject to protection by patent, copyright, trademark, or other proprietary rights. Any feedback you provide to use relating to the Services, or the features provided on the Services, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Marks”) appearing on the Services are the property of their respective owners, including, in some instances, us and/or our partners. Nothing contained herein grants you, by implication or otherwise, a license or right to use any of the Marks or copyrights owned by us or by any third party. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Services without express written permission from us and, if applicable, the respective copyright owner.

9. Monitoring & Copyright Complaints
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Services. Notwithstanding this right, we do not and cannot review all materials submitted to the Services. If notified, we may investigate a claim that content transmitted to us is in violation of the Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Services, including any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the terms.

10. 10. User Content and Conduct
        The Services may include interactive areas, user-generated content, and feedback areas that allow you to post, submit, publish, display, or transmit content or materials (collectively, “User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media. You represent and warrant that you own or control all rights in and to your User Content and have the right to grant these rights to us.

    You agree not to post any User Content that:

    • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, invasive of another’s privacy, or hateful;
    • Infringes on the intellectual property rights of others;
    • Contains viruses, corrupted files, or other harmful code;
    • Advertises or offers to sell goods or services for commercial purposes;
    • Impersonates another person or entity;
    • Engages in unauthorized commercial activities or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes.

    We reserve the right, but are not obligated, to remove or edit any User Content that violates these Terms or is otherwise objectionable.

    11. Third-Party Links and Services
        The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about such third-party websites or services, or any information, software, products, or materials found there. If you access any third-party website or service, you do so at your own risk, and you agree that we will have no liability arising from your use of or access to any third-party website or service.
    12. Disclaimers and Limitations of Liability
        The Services and all content and materials therein are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

    To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.

    13. Indemnification
        You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
    14. Termination
        We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, without notice, for any reason, including, without limitation, your breach of these Terms. Upon termination, you must cease all use of the Services and destroy any materials obtained from the Services and all copies thereof, whether made under these Terms or otherwise
    15. Entire Agreement
        These Terms, together with any documents expressly referred to in them, constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
    16. Governing Law

        These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal or state courts located in United States of America, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

        Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

    17. Waiver and Sever-ability
        No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these