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We service and install water heaters (the “Service”).
使用WATERHEATERMANINCOFAZ.COM, 包括 all materials presented herein and all online services provided by bet36体育投注人公司. 亚利桑那, is subject to the following 条款和条件. These 条款和条件 apply to all site visitors, 客户, and all other users of the site. 使用本网站或服务, 你同意这些条款和条件, 没有修改, 并承认阅读了它们.
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YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, 间接, 偶然的, 重要的, 特殊的, 惩罚性, 模范, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. 此外，曼恩bet36体育投注有限公司. OF ARIZONA IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, 错误, 遗漏, 拒绝服务, 攻击, 中断, 删除, 缺陷, 操作或传输的延迟, 计算机病毒, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, 预期的利润, 业务, 储蓄, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, 的破坏, 未经授权的访问, 蚀变的, 或使用您的信息或财产, 不管我们的疏忽, 重大过失, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, 合同, 侵权行为, 或其他法律责任理论. THE FOREGOING APPLIES EVEN IF WATER HEATER MAN INC. OF ARIZONA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR 责任限制 FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. 在任何情况下，bet36体育投注公司都不得. OF ARIZONA’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WATER HEATER MAN INC. OF ARIZONA, AND IF NO PURCHASE HAS BEEN MADE BY YOU, WATER HEATER MAN INC. OF ARIZONA’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
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你 shall indemnify and hold us harmless from and against any and all losses, 损害赔偿, 定居点, 负债, 成本, 指控, 评估, 和费用, as well as third party 索赔s and causes of action, 包括, 但不限于, 的律师费, arising out of any 违反 by you of any of these 条款和条件, 或您对本网站或服务的任何使用. 你应该为我们提供这样的帮助, 免费, as we may request in connection with any such defense, 包括, 但不限于, 向我们提供这些信息, 文档, 记录, 以及合理的接触你的机会, 我们认为必要时. 你 shall not settle any third party 索赔 or waive any defense 未经我们事先书面同意.
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its 条款s.
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This Agreement shall be construed in accordance with, 和由, the laws of the State of 加州 as applied to contracts that are executed and performed entirely in 加州. The exclusive venue for any 仲裁 or court proceeding based on or arising out of this Agreement shall be Orange County, 加州. The parties agree to attempt to resolve any dispute, 索赔, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then 当前的 mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, 包括诉讼, 仲裁, 或其他争议解决程序.
If any legal action or any 仲裁 or other proceeding is brought for the enforcement of this Agreement, 或者因为所谓的争端, 违反, 默认的, or misrepresentation in connection with any of the 条款s of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable 的律师费 and other 成本 incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
如果任何一项, 条款, 约, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, 无效, 或无法执行, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, 受损的, 或失效.
These 条款和条件 bind and inure to the benefit of the parties’ successors and assigns. 本条款及细则不可转让, 可以委托的, sublicenseable, 或由您以其他方式转让. Any transfer, assignment, delegation, or sublicense by you is invalid.