Terms of Use
Effective October 31, 2025
These Terms of Use (“Terms”) govern your access to and use of the websites operated by Superior Heating Cooling of Niagara, Inc. (“Company,” “we,” “us,” or “our”), including www.superiorheatingcooling.net, (collectively, the “Website”), and the services provided through the Website.
1. Acceptance of Terms
By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Website. These Terms constitute a legally binding agreement between you and the Company.
2. Description of Services
The Company provides digital marketing services, website development, web design, and scheduling software solutions primarily to business clients. Our services may include but are not limited to: website design and development, search engine optimization, digital marketing campaigns, and content creation.
3. User Accounts and Registration
To access certain features of our Website or services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Acceptable Use Policy
You agree not to use the Website or our services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit spam, unsolicited communications, or promotional materials
- Upload, post, or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Website or our services
- Infringe upon intellectual property rights of others
- Engage in any activity that could damage our reputation or business
- Use automated systems to access the Website without our express written permission
5. Intellectual Property Rights
The Website and its content, including but not limited to text, graphics, logos, images, software, and design elements, are owned by the Company and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Website for its intended business purposes. All work product created by the Company for clients pursuant to separate service agreements shall be governed by the terms of those agreements.
6. User Content and Submissions
You retain ownership of any content you submit through the Website (“User Content”). By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing our services and operating the Website. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.
7. Third-Party Links and Services
The Website may contain links to third-party websites or services. These links are provided for convenience only, and we do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites or services. Your use of third-party sites is at your own risk and subject to their respective terms and conditions.
8. Disclaimer of Warranties
THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR OUR SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your use of the Website, your violation of these Terms, or your violation of any rights of another party.
11. Termination
We may terminate or suspend your access to the Website at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website ceases immediately, and you must discontinue all use of the Website. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Website shall be resolved exclusively in the state or federal courts located in Erie County, New York, or New York County, New York, and you consent to the jurisdiction of such courts.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Website with a new effective date. Your continued use of the Website after such changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
14. General Provisions
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and the Company regarding the Website and supersede all prior agreements relating to the subject matter hereof. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision. We may assign these Terms without restriction. You may not assign these Terms without our prior written consent.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Superior Heating Cooling of Niagara, Inc.
6595 Ward Road
Niagara Falls, NY, 14304
Phone: 1-716-481-3181