You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the heating, ventilation, air conditioning, and refrigeration (“HVAC/R”) industry, the provision of such Information does not create a professional/client relationship, and does not constitute an opinion, advice, trouble-shooting, or diagnosis of any particular issue, but is provided to assist you with locating appropriate HVAC/R professionals (“Contractors”).
The Information that you obtain or receive from ACDoctor, and its employees, Contractor collaborators, partners, suppliers, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. If you submit a question to ACDoctor, answers are for informational purposes only and do not establish any professional/client relationship.
THE INFORMATION PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO CONTENT IN THE “ASK THE EXPERTS” SECTION, AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH ACDOCTOR IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL HVAC/R ADVICE, MAINTENANCE, DIAGNOSTICS, REPAIR, OR INSTALLATION. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO REPLACE THE ADVICE OF A QUALIFIED HVAC/R PROFESSIONAL.
We do not recommend or endorse any specific maintenance, diagnostics, repairs, products, HVAC/R professionals, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
NO LICENSED PROFESSIONAL/CLIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM ACDOCTOR INCLUDING, BUT NOT LIMITED TO, THE “FIND CONTRACTORS” AND/OR THE ACDOCTOR “ASK THE EXPERTS” FEATURES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HVAC/R PROFESSIONAL.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over and cannot guarantee the availability of any HVAC/R Professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting an HVAC/R professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and training, and to further verify information about a particular HVAC/R Professional.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE EITHER DIRECTLY OR INDIRECTLY CAUSED BY THE CONTRACTORS IN OUR DIRECTORY OR BY USERS OF THE SITE ACTING BASED ON INFORMATION FOUND ON OUR SITE.
In connection with using the Site and the Services to locate and schedule appointments with Contractors, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HVAC/R PROFESSIONAL.
ACDoctor will provide you with lists and/or profile previews of Contractors who may be suitable to deliver the heating, ventilation, air conditioning or refrigeration expertise that you are seeking based on information that you provide to ACDoctor. In an effort to aid in the discovery of HVAC/R Professionals these lists and/or profile previews may also be based on other criteria (including, for example, product or brand specifications, technical competency and expertise, Contractor availability, past selections by and/or ratings of HVAC/R Professionals by you or by other ACDoctor users, and past experience of ACDoctor users with Contractors); but ACDoctor does not recommend or endorse any Contractors and does not make any representations or warranties with respect to these Contractors or the quality of the services they may provide.
ACDoctor may also exclude Contractors who, in ACDoctor’s discretion, have engaged in inappropriate or unprofessional conduct.
We make the Site available as a service to consumers and HVAC/R Professionals for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted on the Site by the Site’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.
ACDOCTOR IS NOT RESPONSIBLE FOR ANY USE OF THE INFORMATION PUBLISHED BY THE SITE’S EDITORIAL PERSONNEL. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified and licensed HVAC/R Professional.
HVAC/R PROFESSIONAL INFORMATION: HVAC/R Contractor and contracting business information found on the Site is intended for general reference purposes only. Such information found on the Site is both self-reported, by the Contractor and/or contractor business staff, and collected from multiple other data sources that may not be confirmed by the Contractor. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor ACDoctor provides any advice or qualification certification about any particular HVAC/R Professional. Our relationship with Contractors is based on criteria we establish. You are encouraged to independently verify any such information.
HVAC/R PRODUCTS AND SERVICES: information about HVAC/R products (including but not limited to air conditioners, ductless splits, furnaces, and heat and pumps) and services (including but not limited to duct cleaning or sealing, indoor air quality solutions, humidity control, maintenance, zoning, insulating, and home energy survey) found on the Site is intended for general reference purposes only. ACDoctor makes no claims or promises with respect to any of the HVAC/R products or services listed on the site. Any HVAC/R products or services represented on the Site are presented for your awareness and do not necessarily imply appropriateness for any particular situation or prediction of effectiveness, outcome, or success.
ACDoctor is not liable to you for any loss or damage that might arise from the use of HVAC/R products and services including, for example, if you have a negative experience with one of the HVAC/R products or services listed or featured on the site. Your purchase and use of HVAC/R products and services is at your own discretion and risk. You are encouraged to seek out and consider other sources of information on HVAC/R products and services before purchasing or using HVAC/R products and services.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to support@ACDoctor.com.
ACDoctor is not responsible for any charges you incur with contractors you select from the ACDoctor directory. Usual and customary charges for any services rendered by collaborating HVAC/R Professionals profiled on the Site will apply and will be entirely your responsibility.
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the HVAC/R industry or HVAC/R Professionals;
reformat or frame any portion of the web pages that are part of the Site and/or the Services;
fraudulently misuse the Services by scheduling an appointment with a HVAC/R Professional which you have no intention of keeping;
fraudulently misuse the Services by contacting Contractors for purposes unrelated to HVAC advice, maintenance, diagnostics, repair, or installation;
create user accounts by automated means or under false or fraudulent pretenses;
collect or store personal or business data about other users or Contractors in connection with the prohibited activities described in this paragraph; or
use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
You may not use contact information provided by our users or collaborating Contractors, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
You will have the opportunity to submit feedback regarding your experiences with Contractors who are featured on the Site, to submit inquiries concerning possible HVAC/R issues and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Contractor and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Contractor may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by ACDoctor.
You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, ACDoctor, its Contractor collaborators, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that ACDoctor shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other ACDoctor users for purposes of constructing or populating a searchable database of reviews and information related to the HVAC/R industry.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. ACDoctor reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
is false or intentionally misleading;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
violates the intellectual property or other rights of any person;
is threatening, obscene, defamatory or libelous; or
is pornographic or sexually explicit in nature.
All of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain ACDoctor’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, ACDoctor and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by ACDoctor to you are retained by ACDoctor.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES, HVAC/R PROFESSIONAL INFORMATION, OR HVAC/R PRODUCTS AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, HVAC/R PROFESSIONAL INFORMATION, AND HVAC/R PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES, HVAC/R PROFESSIONAL INFORMATION, AND HVAC/R PRODUCTS AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, HVAC/R PROFESSIONAL INFORMATION, OR HVAC/R PRODUCTS AND SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES, HVAC/R PROFESSIONAL INFORMATION, OR HVAC/R PRODUCTS AND SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ACDOCTOR MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ACDOCTOR DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, HVAC/R PROFESSIONAL INFORMATION, OR HVAC/R PRODUCTS AND SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES, HVAC/R PROFESSIONAL INFORMATION, OR HVAC/R PRODUCTS AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MALPRACTICE OR NEGLIGENCE OF CONTRACTORS OR COMPENSATION FOR FAILED HVAC/R PRODUCTS OR SERVICES UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
ACDoctor has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ACDoctor’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
ACDoctor Policy. It is ACDoctor’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, suppliers, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ACDoctor is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification. Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is ACDoctor’s policy:
to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that for repeat offenders, ACDoctor will also terminate such content provider's, member's or user's access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which ACDoctor is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal. If a counter-notice is received by the Designated Agent, ACDoctor may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ACDoctor’s discretion.
Address for Designated Agent. Please contact ACDoctor’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, ACDoctor, LLC. 2151 W. Hillsboro Blvd., Suite #400, Deerfield Beach, FL 33442 Phone: (954) 246-2665 Fax: (954) 426-0999 Email to: support@ACDoctor.com
Last Updated on November 20, 2013.
Copyright (©) 2013 ACDoctor, LLC. All rights reserved.