Agreement between user and Kinertia LLC
Welcome to website.mysurecomfort.com. The website.mysurecomfort.com website (the “Site”) is comprised of various web pages operated by Kinertia LLC (“Kinertia”). website.mysurecomfort.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of website.mysurecomfort.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Website.mysurecomfort.com is a marketplace for online marketing products and services. All websites and associated products or services are for the purpose of promoting HVAC companies.
Visiting website.mysurecomfort.com. Submitting support tickets through website.mysurecomfort.com, or sending emails to Kinertia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Kinertia does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may not use website.mysurecomfort.com.
You may cancel your subscription to any service at any time. All refunds will be prorated for the current payment period. All set-up fees, one-time or annual, in connection with services are non-refundable.
If and when participating in a free trial of a Service, you shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be continued at cost unless you elect to cancel your Service.
Links to third party sites/Third party services
website.mysurecomfort.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kinertia and Kinertia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kinertia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kinertia of the site or any association with its operators.
Certain services made available via website.mysurecomfort.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the website.mysurecomfort.com domain, you hereby acknowledge and consent that Kinertia may share such information and data with any third party with whom Kinertia has a contractual relationship to provide the requested product, service or functionality on behalf of website.mysurecomfort.com users and customers.
Several products and services include tracking mechanisms like web analytics, form entries tracking, and phone tracking. These services are subject to terms in Tracking Service Terms which are attached at the bottom of this document.
Domain addresses, also referred to as URLS or domains, used as part of any services provided by Kinertia will remain the property of the client. Forwarding instructions may be provided to client which may be necessary to perform requested services. All renewals of domains are the sole responsibility of the owner. Any downtime attributed to a lapse in domain name registration will not be refunded. Clients who use the Bring Your Own Domain “BYOD” feature can keep the domain registrar they have or allow Kinertia to transfer the domain to its own domain registrar. Domains hosted under Kinertia’s control will be subject to an annual renewal fee of $12/year. Renewals of domains hosted by Kinertia’s registrar will be the responsibility of Kinertia.
Clients choosing to bring their own website design (product name ‘Design Swap’) acknowledge that they have proper copyright permission to allow for Kinertia to use the design and assume all responsibility and liability should a copyright claim be made against the site. This includes the design, all images, and written content.
Clients who choose a pre-designed template acknowledge that the copyright to the design and initial content is not transferred to them at any point. Clients who cancel such service do not have permission to use the same design, images, or content.
Published Content Review
All client requested content and offers presented on a client website controlled by Kinertia should be reviewed to ensure correctness. You agree to hold Kinertia harmless for any damages related to incorrect content posted on client website.
If a product or service includes updates these services are limited to 2 hours of total work in any given month starting on the 1st of each month. Should a client’s request(s) require more than the cumulative 2 hours a notification will be sent via email alerting the client to the overage. At that time the client can choose to continue at a flat rate of $90/hour or wait until the beginning of the next month at which time the support hours reset to 2 hours. No work will be completed in overage time without written permission from client.
Copyrighted Materials and Infringement Notice
You shall not use any services offered to transmit, route, provide connections to or keep any material that infringes copyrighted works or otherwise violates the intellectual property rights of any third party.
If you believe that any material contained on this site infringes your copyright, you should notify this Site’s Designated Agent listed below by mail or email with the following information required under 17 U.S.C. § 512:
Attn: Kinertia Legal
314. W. Broad St. Suite 120
Quakertown, Pennsylvania 18951
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit our agent to contact you, such as your physical address, telephone number and e-mail address.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, Kinertia reserves the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kinertia or its suppliers and/or licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kinertia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kinertia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kinertia or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Kinertia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kinertia Content accessed through website.mysurecomfort.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Kinertia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kinertia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kinertia in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KINERTIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KINERTIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KINERTIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Kinertia reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This includes the absence of an active Mysurecomfort account as provided by surecomfort Manufacturing Company. Without an active Mysurecomfort account no login can be permitted and no services can be provided. Kinertia does not control the status of any Mysurecomfort account, all decisions and actions related to Mysurecomfort account are at the sole discretion of the controllers of Mysurecomfort. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kinertia as a result of this agreement or use of the Site. Kinertia’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kinertia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kinertia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kinertia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kinertia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Kinertia reserves the right, in its sole discretion, to change the Terms under which website.mysurecomfort.com is offered. The most current version of the Terms will supersede all previous versions. Kinertia encourages you to periodically review the Terms to stay informed of our updates.
Kinertia welcomes your questions or comments regarding the Terms:
314. W. Broad Street Suite 120
Quakertown, Pennsylvania 18951
Email Address: email@example.com
Telephone number: (412) 254 3648
Effective as of March 17, 2016
Last Update March 17, 2016
Tracking Services Product Terms
IMPORTANT: THESE PRODUCT TERMS PERTAINING TO TRACKING SERVICES, INCLUDING PHONE TRACKING, (THE “TRACKING TERMS”) ARE REFERRED TO IN THE KINERTIA, LLC. (“KINERTIA” OR “WE”) TERMS AND CONDITIONS AND ARE INCORPORATED THEREIN. PLEASE READ THIS AGREEMENT CAREFULLY.
YOUR EXECUTION OF AN ORDER FORM FOR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TRACKING TERMS.
IN THE EVENT OF A CONFLICT BETWEEN THESE TRACKING TERMS AND THE TERMS AND/OR ORDER FORM, THESE TRACKING TERMS SHALL CONTROL.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TRACKING TERMS AT ANY TIME. WE SHALL PROVIDE NOTIFICATION OF CHANGES IN THESE TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE. ALL SUCH CHANGES SHALL BE BINDING UPON YOU ONCE POSTED, UNLESS SUCH CHANGES ARE MATERIAL IN WHICH CASE SUCH CHANGES SHALL NOT TAKE EFFECT UNTIL THE NEXT TIME YOU SIGN AN ORDER FORM.
Destination Page – refers to the webpage to which the consumer will be directed to as part of a campaign, such as your Existing Site or a Landing Page, or a third-party website.
Destination Page Tracking – refers to the tracking of visits to the Destination Page.
Form Tracking – refers to the logging of form submission data created by form submissions on the Existing Site.
Phone Tracking – refers to the tracking of phone calls you receive, which is accomplished by Kinertia or its third-party provider providing tracking phone numbers (each, a “Tracking Number”) that will be dynamically displayed on the Destination Page in lieu of your phone number(s) and that will forward to your phone number(s). You acknowledge that you do not own, and will not obtain, as the result of this Agreement, any ownership interest in the Tracking Numbers.
Tracking Services – refers to any or all of the Destination Page Tracking, Phone Tracking, and Form Tracking.
Tracking Code – refers to software code that Kinertia will provide to you to implement on your Existing Site that will help you measure the performance of your Kinertia services by showing the activity that takes place on your site(s) as the result of Services.
Web Event Tracking – refers to the tracking of specific events on your site (e.g., number of unqiiue visits to a site).
Terms not defined herein shall have the meaning set forth in the Terms of Service.
Tracking Services Data Retention
You acknowledge that Kinertia is not obligated to keep and maintain any data obtained as the result of the Tracking Services for more than 90 days after the collection of any such data (including Call Recordings and form submission data).
Notice of Changes to your website.
You hereby acknowledge that changes to your website (including any tracked phone numbers or email addresses) may result in the failure of the Tracking Services. Therefore, to avoid disrupting the Tracking Services, you must provide Kinertia with at least five (5) business days’ prior written notice of any changes to the Existing Site (including any url changes). Kinertia will not be responsible for any failure of the Tracking Services resulting from your failure to provide timely notice of changes to the existing site and any such failure will not excuse your obligations to pay all amounts owed under any applicable order form.
Tracking Services Disclaimer.
Kinertia cannot and does not guarantee that the Tracking Services will track every instance of activity that is intended to be tracked. Without limiting the generality of the foregoing, the Tracking Services may not fully function in the following circumstances, among others:
Special Terms for Phone Tracking
Provisioning Tracking Numbers
You acknowledge that, for local phone numbers, Kinertia will first try to provision a local Tracking Number and then a number in the same area code, but, in the event such Tracking Numbers are not available, you hereby give Kinertia permission to provision a toll-free Tracking Number instead.
At your option, as reflected on product sign up forms, Phone Tracking may include the following features (collectively the “Call Tracking Features”): Call Recording (where a recording is made of inbound phone calls attributable to a campaign) and Caller ID (where the phone number of the caller is used to look-up their name and address). By electing the Call Tracking Features, you represent, warrant and covenant that you have and will maintain all necessary rights to implement such tracking features. You acknowledges that Kinertia disclaims any and all liability that may arise as the result of the implementation of any of the Call Tracking Features.
Call Recording Specifics
In connection with Call Recording, you understand that an initial recording will be played to consumers at the outset of calls, which will, among other things, notify the consumer that the call is being recorded. In addition, you must advise all of your employees that their calls may be recorded and ensure that such recordings and notifications comply with all laws, regulations and practices relevant and/or applicable to you or your business. You understand and agree that any attempts to disrupt or prevent the playing of the recording or its failure to advise its employees of the recording may expose you to substantial liability.
For purposes of quality assurance, campaign assessment and all other lawful purposes, Kinertia may, but is not obligated to, access and review all Call Recordings.
Accessibility by Affiliates
For purposes of quality assurance, campaign assessment and all other lawful purposes, your surecomfort Distributor, its employees, and surecomfort employees may access and review all Call Recordings. You have the right to prevent access by these affiliates by notifying Kinertia in writing.
Kinertia may, in its sole discretion, choose to block third-party phone numbers from being able to call the Tracking Phone Numbers.
Effect of Termination
Upon termination of your tracking service(s), Kinertia’s obligation to provide the Tracking Services shall immediately terminate together with its obligations to forward calls to the Tracking Numbers, Tracking eMails, or form submission data.