Beitler’s Chimney Service
Terms & Conditions
Beitler’s Chimney LLC Terms and Conditions
March 13, 2017
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement that you are at least 18 years of age, and your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Beitler’s Chimney LLC website.
These Terms and Conditions May Change
Beitler’s Chimney LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only recourse. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
As used in this Agreement, the following definitions will apply: “Agreement” shall mean these Terms and Conditions (including any terms incorporated by hyperlink). “Client”, “I”, “you” or “your” shall mean the person or persons using, or subscribing to this website. “We”, “us”, “the company” or “our”, shall mean Beitler’s Chimney LLC and its owners. “Site” shall mean a World Wide Web Site, and depending on the context, refers to the back office administration website, the sponsor’s website, or the affiliate’s website.
All of the Content you see and hear on the Beitler’s Chimney LLC website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Beitler’s Chimney LLC, one of its affiliates or by third parties who have licensed their materials to Beitler’s Chimney LLC. The Content of this website and the site as a whole is intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Beitler’s Chimney LLC reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Beitler’s Chimney LLC.
Trademarks & Registered Trademarks
All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.
Short Message Service Company may make available a service either directly or through third parties by which you can receive messages on your wireless device via short message service (“SMS Service”). Your provider’s standard data and messaging rates apply to all SMS correspondence. All charges are billed by and payable to your mobile service provider. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received and that you are authorized to approve the applicable charges. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. The company will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. You may opt out of the SMS Service at any time by replying “STOP”, “END”, or “QUIT” to the SMS text message you have received.
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Beitler’s Chimney LLC shall be and remain the exclusive property of Beitler’s Chimney. Your submission of any such Comments shall constitute an assignment to Beitler’s Chimney LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Beitler’s Chimney LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Correction of Errors and Inaccuracies; Risk of Loss
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Disclaimers – General
The Beitler’s Chimney LLC website is operated by Beitler’s Chimney LLC on an “as-is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law Beitler’s Chimney LLC and their affiliates (collectively, the ” Beitler’s Chimney LLC Businesses”) disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, the Beitler’s Chimney LLC Businesses do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. The Beitler’s Chimney LLC Businesses do not endorse nor make any warranties or representations about the options or other service or data you may access, download or us as a result of the use of the information contained on the website, or about a website you may access through this website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. The Beitler’s Chimney LLC Businesses make no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. The Beitler’s Chimney LLC Businesses assume no risk or responsibility for your use of any of the content provided on this website.
Limitation of Liability
Under no circumstances, shall the Beitler’s Chimney LLC Businesses or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of any Beitler’s Chimney LLC Business has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Beitler’s Chimney LLC Businesses under such circumstances for liabilities that otherwise would have been limited our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.
You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney’s and expert witness’ fees) arising by reason of your purchase or use of the website or arising from: Any breach of the agreement. Any claims arising from the sale or license of goods or services promoted or made available through this program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.
I agree to the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. My consent applies only to this transaction. I hereby waive any objection I may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
Consent to Binding Arbitration Before the American Arbitration Association
By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (‘AAA’). Client and Company further consent and agree that Client may file their complaint with the AAA in their state, but that all AAA arbitration hearings shall be conducted in UT, US, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13, Appointment from Panel, of AAA’s Commercial Arbitration rules. Client and Company consent and agree that the AAA arbitrator shall exclusively apply UT, US law to the dispute, regardless of and without giving any consideration to choice of law principles. Client and Company further consent and agree that each party will bear his/her/it’s own cost and attorneys’ fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys’ fees. However, in the event that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys’ fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators’ award.
No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
This agreement constitutes the entire understanding with regard to your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns. By ordering from Beitler’s Chimney LLC or utilizing services of Beitler’s Chimney LLC I hereby acknowledge that I have read the above terms and conditions, understand them, and agree to be legally bound by them.
Enforcement of Terms and Conditions
By accessing and using the Beitler’s Chimney LLC website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of UT, US.
By accepting the terms and conditions via check out you agree that all sales are final and at no time will a refund be awarded for anything purchased using the Beitler’s Chimney LLC website https://beitlerschimneyservice.com
Information or Complaints
If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. Any such disputes shall be resolved by Beitler’s Chimney LLC at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Beitler’s Chimney LLC.