Terms And Conditions of Use

These Terms and Conditions of Use constitute a binding legal agreement between you and AZ-AZ.C0M LLC (“AZ-AC”). Use of az-ac.com (“Website”) constitutes acknowledgement that you have read, understood, and agreed to be bound by these terms and relevant applicable laws and regulations. If you choose not to agree to these terms or cannot abide by them, we request that you cease use of the Website now and in the future.

 

All material featured on this Website is protected by the laws of the United States and her international treaties. Any claim relating to the use of this Website, its materials and any sales thereunder is governed by the laws of the State of Arizona without regard to conflict of laws rules. Arizona will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the Website.

 

AZ-AC is pleased to provide our Website for the benefit of our customers, contractors, industry partners, and the general public. Feel free to use the Website at your convenience to learn more about the heating, ventilating and air conditioning industry in general or an HVAC product of particular interest.

 

Your usage of our Website is a personal choice. Such activity does not constitute any relationship, real or implied, between yourself and AZ-AC.COM. General browsing, creating an account, or the use of any other Website feature does not confer any authority by which you could act on our behalf. To the extent with which we provide instruction on how to use or take advantage of any site feature, you are under no obligation to make use or take advantage of said feature. If you do use a Website feature, you exercise the final discretion in whether or not you follow furnished guidelines.

 

Privacy Policy

AZ-AC takes user privacy very seriously. Please review the Privacy Policy for more information.

 

Arbitration of Disputes

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Disputes and claims that may relate in any way to your use of this Website, or any products or services purchased through this Website or any distributed by us, will be resolved by binding arbitration rather that in court. You may, should your claims qualify, assert your claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual bases the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.

 

To begin an arbitration proceeding regarding a claim or dispute related to your use of our Website and/or products as previously detailed herein, you must send a letter requesting arbitration and a description of your claim or dispute to AZ-AC.COM LLC, Attention Legal Department, 600 N Arizona Avenue, Willcox, AZ 85643. The American Arbitration Association (“AAA”) will conduct any necessary arbitration under its rules arising from any properly submitted claims or disputes. This includes the AAA’s Supplementary Procedure for Consumer-Related Disputes.

 

The AAA’s rules are available online at www.adr.org. The AAA’s rules will govern the payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Copyright

All material featured on the Website is the copyright of AZ-AC or used by authorization of the copyright holder. Except as stated herein, none of the material on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, mirrored, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise duplicated without prior written consent from AZ-AC or the copyright holder.

 

Permission is granted only to legal residents of the United States who are over the age of eighteen (18) years to display, copy or distribute, and download the materials on this site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright or other proprietary notices contained in the materials. If you breach any of these terms or conditions, the permissions terminate automatically. AZ-AC also reserves the right to request termination of use of copyrighted materials at any time. Upon receiving a termination request or breaching the contract terms and conditions, you must destroy any downloaded and printed materials.

 

Unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, or other regulations, statutes, and intellectual property rights.

 

Installation

If you purchase heating, ventilating and air conditioning (HVAC) equipment or other products from our Website, you may choose of your own volition to have the product installed by an accredited third-party. Should you do so, you acknowledge that AZ-AC has no affiliation or control over any third-party installer, and that AZ-AC has not verified any ability among third-party installers to competently install HVAC equipment or other products.

 

Third-party installers such as, but not limited to, licensed HVAC contractors, plumbers, or electricians are not employees and/or agents of AZ-AC, but are independent individuals or entities who may or may not have any relationship with AZ-AC whatsoever. You assume full responsibility and any risk for the transaction with the third-party installer; this includes, but is not limited to, scheduling, communication, installation fees, equipment warranty terms validation, future maintenance agreements, and outcome.

 

AZ-AC disclaims any liability for services and actions performed by third-party installers. AZ-AC will not act as your agent or contact an installer on your behalf. You are urged to investigate any individual and/or business entity offering installation services prior to engaging their services. If you decide to post a product review and include information, positive or negative, on a third-party installer, you are subject to AZ-AC review terms and conditions set forth herein including the right to remove such a review should we judge it to be outside of the bounds of an authorized product review.

 

Furthermore, any purchaser who does not possess the necessary Environmental Protection Agency (EPA) licensing is prohibited by federal law from intentionally opening HVAC refrigerant lines to allow chemical refrigerant to escape into the atmosphere. Allowing refrigerant to escape into the atmosphere, intentionally or through gross negligence or otherwise, may be subject to fines and other criminal penalties. Only HVAC contractors and other professionals appropriately licensed in accordance with federal law should handle the refrigerant contained in any product purchased on our Website.

 

Licensed HVAC contractors who purchase equipment from AZ-AC for use by a third-party neither known nor approved by AZ-AC, acknowledge that they are an independent agent, have no direct affiliation with AZ-AC, are not employed by AZ-AC, and may not represent themselves as being affiliated with AZ-AC in any way whatsoever. They may not use any AZ-AC Mark, Logo or any of Ingram’s intellectual property without the prior express written consent of AZ-AC. AZ-AC reserves the right to ban any licensed HVAC contractor from using this Website at any time in its sole discretion and the right to change functions of its service, including the termination of said service, or these terms and conditions of use at any time.

 

Customer Accounts

You may sign-up for and receive a unique Website account and create a unique password, or AZ-AC may assign you a unique password and account identification to enable you to access and utilize certain features of this Website. Each time you use a password or identification, whether created by yourself or automatically and anonymously generated, you will be deemed to be authorized to access and use the Website in a manner consistent with the terms and conditions of use of this Agreement.

 

We assume no responsibility or obligation to investigate the authorization of any source of any such access or use of the Website. You will be solely responsible for all access to and use of this site by anyone using the password and identification either assigned to you or generated by you whether or not such access to and use of this Website is actually authorized by you. This includes, without limitation, all communications, all transmissions, and all obligations, financial or otherwise, incurred through such access or use.

 

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to your or created by you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach, threatened or suspected, of this Website’s security.

 

When you use the Website or send emails to AZ-AC, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We may communicate with you via email, by posting user notifications on this Website, or through other electronic services. You consent that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communication be in writing.

 

Trademarks

All trademarks, service marks and logos (“Trademarks”) used and displayed on this Website are the registered and unregistered Trademarks of AZ-AC and others. Use and display of such Trademarks does not grant, by implication, estoppel, or otherwise, any license or right to use any displayed Trademark without the express written permission of AZ-AC or the Trademark owner. AZ-AC enforces its intellectual property rights to the fullest extent of the law. AZ-AC prohibits use of the AZ-AC logo as “hot” link to the AZ-AC site, or any other site, unless establishment of such a link is approved by AZ-AC in writing.

 

Warranty Disclaimer

AZ-AC does not provide assistance for all offered products that include manufacturer parts warranties. Buyers who have purchased a manufacturer warrantied product from this Website and abided by the relevant terms and conditions of the warrantied product, must contact the manufacturer directly for executing the terms of a non-expired and valid manufacturer warranty. In no instance will AZ-AC be required to provide on-site personnel to diagnose or repair products in the field. The manufacturer may require a buyer to retain the services of a licensed HVAC contractor in order to properly diagnose a malfunctioning product before a warranty claims process begins.

 

In the event that a licensed HVAC contractor determines a specific product part has failed, been damaged, or is otherwise inoperable through no fault of the buyer, the buyer must begin a warranty claims process with the manufacturer. It is the buyer’s responsibility to package and ship the identified and defective part back to the manufacturer at no cost to AZ-AC.  All shipping costs during the warranty process will be paid by the buyer.

 

Any aforementioned assistance that may be provided by AZ-AC applies only to manufacturer warranties relevant to product components. AZ-AC will not act as an agent on your behalf in meeting the terms of a labor warranty provided by a product manufacturer.

 

AZ-AC does not uniquely warrant or make any representation regarding the use, validity, accuracy, or reliability of, or the result of the use of, or otherwise respecting, the materials or products on this site or any sites linked to this site. Where specified on individual product entries on this Website, manufacturers offer product warranties of varying terms and conditions to the end user. AZ-AC claims no responsibility as to the manufacturer’s ability to meet the terms and conditions of any product warranty. Any legal claims made against a product manufacturer regarding a product warranty are solely the responsibility of the buyer.

 

This Website and the information provided herein are provided “as is” with no non-manufacturer warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, AZ-AC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.

 

Limitation of Liability

Under no circumstances, including, but not limited to, gross negligence, shall AZ-AC be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, harm to products, goods, private or public property, and/or personal injury or death arising out of the use or misuse of the products on this site, even if AZ-AC or an authorized representative of AZ-AC has been advised as to the possibility of such damages. You assume all cost and liability for the servicing, repair or correction of any product or materials from this site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Product Reviews and Website Comments

Except as otherwise provided elsewhere in this Agreement or on the Website, anything submitted or posted to the Website and/or provided to us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary. We shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

 

In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Website and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 

Transmissions

Any material, information or idea you transmit to or post on this Website by any means will be treated as non-confidential and nonproprietary, and may be disseminated or used by AZ-AC or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to AZ-AC will be handled in accordance with Ingram’s Privacy Policy. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.

 

Persons who visit this Website have no reasonable expectation of privacy as regards any criminal transmissions they make on this Website or to AZ-AC in any other format, electronic or otherwise. Should criminal transmissions be detected or suspected, AZ-AC will immediately notify the relevant law enforcement authorities, including the Federal Bureau of Investigation should such transmissions come from persons who live outside the borders of the Commonwealth of Kentucky or the United States.

 

Children’s Online Policy

AZ-AC is committed to the preservation of online privacy for all its Website visitors, including children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 18. This Website sells products intended for purchase by adult citizens of the United States. If you make a purchase on this Website, you are representing that you are an adult. If you are under the age of 18, you must ask your parent or guardian to assist you in using this Website.

 

Terms and Conditions of Use Revisions

AZ-AC may at any time revise these Terms and Conditions of Use by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound. These Terms and Conditions of Use were most recently updated on March 1, 2023.