1. INTRODUCTION AND AGREEMENT
Thank you for visiting Pure Heating and Cooling LLC (“PureHeatCool.com”) (the
“Site”) (“Us” or “We”). The Site includes any version optimized or configured for use
by mobile computing devices such as smartphones and tablets, as well as mobile
applications and any other websites owned or operated by us. These Terms and
Conditions of Use (“Terms and Conditions”) govern access to and use of the Site and
the services or products provided by Pure Heating and Cooling LLC
(“PureHeatCool.com”) as made available on the Site or otherwise (“Services”).
By accessing and using this Site, you acknowledge you have read, understood and
agree to be bound to the conditions of these Terms and Conditions. You also agree to
comply with applicable laws and regulations.
BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST
EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS, AND EXPRESSLY CONSENT TO PUREHEATCOOL.COM

PRIVACY NOTICE AND PRIVACY NOTICE FOR CALIFORNIARESIDENTS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE

OR USE ANY PRODUCTS.

2. HOW WE USE YOUR INFORMATION
We may collect both “non-personal” and “personal” information from you when you
interact with our Site and Services.
“Non-Personal Information” refers to information that may not by itself be
reasonably associated with, linked to, or used to individually identify you or
someone else. For example, general, non-specific information regarding your use of
the Site and Services or derived from the information that you provide to us through
the Site and Services.
“Personal Information” refers to information that may be reasonably associated
with, linked to, or used to individually identify you or allow you to be personally
identified or contacted. For example, Personal Information may include information
such as your name, email address, telephone number, address, either alone or in
combination with other information.
We may use the Non-Personal Information we collect and obtain for any lawful
business purpose without any duty or obligation of accounting or otherwise to you,
provided that the information remains Non-Personal Information. This may include,
by way of example, developing products, services, and other offerings based on the
Non-Personal Information and providing those offerings to other users and third
parties. We may use the Personal Information we collect about you for a variety of
purposes outlined in PureHeatCool.com’s Privacy Policy. Please note that, in most
cases, the primary purposes for processing Personal Information are for the
submission and transmittal of lead data and for powering targeted advertising and
user experiences. Notably, Personal Information may also be used for additional,
secondary purposes, which are provided in PureHeatCool.com’s Privacy Policy.
Depending on where you reside, you may have the rights to access, correct, or delete
your Personal Information, as well as opt out of the sale of your Personal
Information and the processing of your Personal Information for targeted
advertising. For more information about how PureHeatCool.com collects and
processes Personal Information and how you may exercise these rights, please
access the full Privacy Notice here.

3. SITE PROVISIONS AND SERVICES
PureHeatCool.com operates the Site as an online advertising and research service
for tire buyers and auto service.
Advertisers on PureHeatCool.com may include information about special offers,
incentives, or pricing programs associated with a specific brand, model, or vehicle
(“Offers”). PureHeatCool.com is not responsible for the content of any such Offers, nor responsible for any errors or omissions in Offer contents or descriptions. You should contact the relevant advertiser for full details on any such Offers, including
eligibility requirements, limitations and restrictions, and availability.
By accessing the Site and Services, you agree that PureHeatCool.com is not
responsible for any third party products and services information, whether such
materials are accessed directly by you or used by PureHeatCool.com in providing
the Services, including whether third party products and services information is
accurate or whether the third party products and services information is suitable
for your use or use in connection with the Services. You agree that PureHeatCool.com is not responsible for whether third party products and services information accessed by you is available for your use and for the performance or operation of any third party website.

4. ACCESS AND USE
Access to the Site or to portions thereof, or access to Services, may be occasionally
interrupted to perform changes or necessary maintenance; or for certain types of
“force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet
connectivity issues, etc.) beyond the reasonable control of PureHeatCool.com for
which PureHeatCool.com shall have no liability. By accessing this Site, you agree that you will not use any automated mechanism,
which may include but is not limited to such mechanisms as web robots, crawlers or
spiders to access, query or otherwise collect information or scrape data from the
Site, and will not use any device or routine that would interfere with the proper
working of the Site. Unless otherwise permitted by PureHeatCool.com, any
alteration, modification, reproduction, redistribution, retransmission, redisplay or
other use of any Service in any other manner or for any other purpose constitutes an
infringement of PureHeatCool.com’s intellectual property and other proprietary
rights. Use of the Site or any portion thereof on any other website is expressly
prohibited without prior written permission from PureHeatCool.com. You shall not
remove or modify any copyright notice or trademark legend, author attribution or
other notice placed on or contained within the Content (defined below).

5. USER MATERIALS
A. USER MATERIALS
By submitting ads, content, photos, data or other materials (“Materials”) to the Site,
you hereby grant to PureHeatCool.com and its affiliates and subsidiaries a royaltyfree, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right
and license to copy, modify, display, distribute, perform, create derivative works
from, and otherwise use and exploit all such Materials in any form, media, software
or technology of any kind now existing or developed in the future. You further grant
to PureHeatCool.com and its affiliates and subsidiaries a royalty-free right and
license to use your name, image and likeness in connection with the reproduction or
distribution of the Materials. You hereby waive your “moral rights” in your
Submissions, to the extent such rights can be waived, under any existing or future
law of any jurisdiction. You represent and warrant that: (a) you own or otherwise
control all of the rights to the Materials that you post and/or submit; (b) the
Materials are true and accurate; (c) the use of the Materials you post and/or submit
does not violate these Terms and Conditions; and (d) the Materials will not cause
injury to any person or entity. PureHeatCool.com takes no responsibility and assumes no liability for any Materials posted by you or any third party.
B. INTERACTIVE FORUMS
This Site may offer message boards, bulletin boards, chat rooms or other forums
(collectively, “Forums”). You must be 18 years of age and older to access and use the
Forums. PureHeatCool.com and its affiliates and subsidiaries do not endorse the
accuracy or reliability of any advice, opinion, statement or information posted on
these Forums. By posting a message in the Forum, you agree to abide by these
Terms and Conditions. You may not use the Site’s Forums to engage in any
Prohibited Activities (as defined below). Uploading copyrighted or other
proprietary Material of any kind on the Site without the express permission of the
owner of that Material is prohibited and may result in civil and/or criminal liability.
You hereby waive your “moral rights” in any submissions to the Forums, to the
extent such rights can be waived, under any existing or future law of any
jurisdiction. You represent and warrant that: (a) you own or otherwise control all of
the rights to the Forums that you post and/or submit; (b) the information in the
Forums are true and accurate; (c) the use of the Forums you post and/or submit to
does not violate these Terms and Conditions; and (d) the information contained in
the Forums will not cause injury to any person or entity. PureHeatCool.com takes no
responsibility and assumes no liability for any Forums posted by you or any third
party.
C. LISTING SERVICES
By utilizing either the Instant Offer services or private sale service on the Site
(“Listing Services”), you acknowledge and agree to these Terms and Conditions and
to the Sell Terms of Service.
D. PUREHEATCOOL.COM RIGHTS
PureHeatCool.com does not monitor the Materials, Forums or Listing Service
(collectively, “Content”) posted or transmitted by you and/or other third-party
information providers. PureHeatCool.com reserves the right, in its sole discretion, to
review, refuse to publish, remove, delete, move or edit any Content without notice,
at any time for any reason or no reason. By using the Site, you expressly agree that
PureHeatCool.com (a) will not be liable to any claims, actions or judgments arising
out of or related to any Content and (b) may monitor, refuse to publish, remove,
delete, move or edit any Content without notice at any time for any reason, without
liability and without providing a refund.

6. TRADEMARKS AND INTELLECTUAL PROPERTY
You acknowledge that the Site includes certain trademarks and service marks
owned by PureHeatCool.com and its affiliates and subsidiaries. You agree not to use
any trademarks, service marks, names, logos, or other identifiers of
PureHeatCool.com or its employees, affiliates, subsidiaries, independent
contractors, and providers without the prior written permission of PureHeatCool.com, or: (i) in, as, or as part of, any third parties; (ii) to identify nonPureHeatCool.com products or services; or (iii) in a manner likely to cause
confusion or that implies that PureHeatCool.com sponsors or endorses or is
otherwise connected with your own activities, products, and services or those of
third parties. You further agree that you will not alter or remove any trademark,
logos, copyright or other notice from any copies of the Content. Other marks
appearing on the Site are the property of their respective owners. Requests
regarding use of the Content for any purpose other than personal, noncommercial
use should be directed to legal@PureHeatCool.com or mailed to PureHeatCool.com
591 S Lapeer Rd, Lake Orion, MI 48362.
Please note that all software programming, including without limitation all HTML
and other code contained in the Site (collectively, “Software”), is owned by
PureHeatCool.com and its affiliates and subsidiaries and is protected by copyright
laws and other intellectual property laws, as well as international treaty provisions.
Any unauthorized access to, reproduction, redistribution, publication, display or
other use of the Software is expressly prohibited by law and may result in severe
civil and/or criminal penalties. Violators will be prosecuted to the maximum extent
possible.

7. COPYRIGHT AND COPYRIGHT AGENTS
It is the policy of PureHeatCool.com to respond to claims of intellectual property
infringement. PureHeatCool.com will promptly process and investigate notices of
alleged infringement and take appropriate actions under the Digital Millennium
Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other
applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent for this Site:
PureHeatCool.com
Contact
To be effective, the notification must be a written communication that includes the
following:
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the
material;
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number and, if available, an
electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent or the law; and
A statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. REPRESENTATION
You hereby represent and warrant that (a) you have all necessary authority, rights
and permissions to submit the Content to the Site, (b) the Content posted or
submitted does not and will not infringe or misappropriate any copyright,
trademark, trade secret, patent or other intellectual property right of any third
party, including any rights of privacy or publicity, and (c) the Content does not and
will not violate any applicable law or regulation including, but not limited to, any
automobile advertising laws or regulations, or cause injury to any person. You agree
to release, defend, indemnify and hold PureHeatCool.com, its affiliates and
subsidiaries, and their respective officers, directors, employees, agents and
contractors harmless from and against any and all claims, costs, demands or
expenses, including attorneys’ fees, arising from (i) any distribution, publication,
refusal to publish, removal, deletion, movement, editing or other use of the Content
you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach
of these Terms and Conditions or (iv) any actual, prospective or terminated sale or
other transaction between you and a third party.

9. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT
IS AT YOUR OWN RISK. PUREHEATCOOL.COM, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE
SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE
RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE
SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING
SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND
PUREHEATCOOL.COM, ITS SUBSIDIARIES AND AFFILIATES AND THEIR
RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL
INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY
THE SELLER OR OTHER THIRD PARTIES. PUREHEATCOOL.COM AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES,
EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR
OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF
THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE.
PUREHEATCOOL.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE
ACCURACY OR COMPLETENESS OF SUCH INFORMATION. PUREHEATCOOL.COM
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR
OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO
PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES
REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELL IT
YOURSELF TERMS AND CONDITIONS, PUREHEATCOOL.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION,
ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL
YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY
RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS,
OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR
PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. LIMITATION OF LIABILITY
PUREHEATCOOL.COM, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR
RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY
LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE CONTENT, THESE TERMS AND CONDITIONS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM
NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF
PUREHEATCOOL.COM, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR
RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF
THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE
YOU. Some states do not allow the exclusion or limitation of incidental or
consequential damages of implied warranties, so the above exclusion or limitation
may not apply to you.

11. THIRD PARTY SERVICE PROVIDERS
Some aspects of the Service may be dependent upon third party service providers, such as a wireless carrier or social media platform. We do not control such thirdparty service providers and are not responsible or liable for their acts or omissions.
In addition, such third-party service provider may have their own terms, policies
and guidelines. You should become familiar with all such terms, policies or
guidelines prior to using the Service through such third-party service provider.
Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile
applications available for download (“Platform Providers”) are not parties to these
Terms of Use. Platform Providers have no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile applications. In the
event of any failure of a mobile application to conform to the warranties herein, you
may notify the applicable Platform Provider, and such Platform Provider may refund
any purchases made through the mobile application (if applicable). To the fullest
extent permitted by law, Platform Providers will have no other warranty obligation
whatsoever with respect to a mobile application.
How to opt-in to our SMS Service:
When you opt-in to the SMS and MMS service (collectively the “SMS Service”), we
will send you a message to confirm your signup. Message and data rates may apply.
Message frequency will vary based on your use. Text ‘HELP’ for help. Text ‘STOP’ to
cancel.
By responding to a text message to your mobile phone, you affirm your choice to
opt-in to this SMS Service and your agreement to these Terms and Conditions.
PureHeatCool.com reserves the right to stop offering the SMS Service at any time
with or without notice.
By opting into the SMS Service, you:
authorize PureHeatCool.com to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the
number listed on the opt-in form or, if none, the number from which you send the
opt-in, or, if none, the number on file for the account associated with your opt-in);
acknowledge that you do not have to agree to receive messages as a condition of
purchase; Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and
consent to the use of an electronic record to document your opt-in.
Messages You May Receive Once you affirm your choice to opt-in to the SMS Service, your message frequency
may vary. You may receive an alert when:
you are welcomed into the SMS Service
an order has been placed
an order has been delivered
general marketing or promotion
Opt-Out of Service
You can cancel the SMS Service at any time. Just text “STOP”. After you send the
message “STOP” to PureHeatCool.com, we will send you a reply message to confirm
that you have been unsubscribed. After this, you will no longer receive messages
from us. Your opt-out request may generate either a confirmation text or a texted
request to clarify the text message program to which it applies (if you have more
than one). To complete your opt-out, please provide the requested clarification. You
acknowledge that the text message platform may not recognize and respond to
unsubscribe requests that do not include the STOP keyword command and agree
that PureHeatCool.com and its service providers will have no liability for failing to
honor such requests. If you unsubscribe from one of our text message programs, you
may continue to receive text messages from PureHeatCool.com through any other
programs you have joined until you separately unsubscribe from those programs.
These Terms and Conditions still will apply if you withdraw the consent mentioned
above or opt out of the SMS Service.
Charges and Carriers Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage,
subscription, etc.) as a result of using the SMS Service. PureHeatCool.com may add
or remove any wireless carrier from the SMS Service at any time without notice.
PureHeatCool.com and mobile carriers are not responsible for any undue delays,
failure of delivery, or errors in messages.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to
notify PureHeatCool.com by emailing info@PureHeatCool.com

12. INDEMNIFICATION
By using the Site, you agree to indemnify, defend and hold PureHeatCool.com, and
its officers, subsidiaries, licensors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties,
judgements, costs and expenses (including reasonable attorneys’ fees), made or
initiated by any third party due to or arising out of your use of the Site, your
violation of these Terms and Conditions, your violation of any rights of another, or
any of your Content or your use of any Content. You agree to notify
PureHeatCool.com within seven (7) days of the filing of any Claims, and
PureHeatCool.com reserves, and you grant to PureHeatCool.com, the right to
participate in or assume exclusive defense and control of any matter subject to
indemnification by you. All rights and duties of indemnification set forth herein shall
survive termination of these Terms and Conditions. You are responsible for
maintaining the security of your password and you are responsible for all
statements or reviews made and acts that occur through the use of your account.

13. SECURITY
PureHeatCool.com does not guarantee or warrant that the Site, Services, or any
Content thereon will be free from infection, viruses, worms, Trojan Horses or other
codes or features that manifest contaminating or destructive properties, nor can PureHeatCool.com provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or
through use of e-mail addresses, user names or other information or Content
unauthorized persons may find on the Site. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for
system security, accuracy of data input and output and for maintaining your own
means for the reconstruction of any lost data or otherwise dealing with system
security breaches. Even with the use of encryption, you acknowledge that the
Internet is not a 100% secure medium and privacy cannot be guaranteed.
PureHeatCool.com will not be responsible for any damages you or any third party
may suffer as a result of the transmission that you make to PureHeatCool.com
through the Internet, or that you expressly or implicitly authorize PureHeatCool.com to make, or for any errors, data corruption or any changes made to any transmitted information.

14. TERMINATION OF SERVICE
You understand and agree that in PureHeatCool.com’s sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended,
and PureHeatCool.com may exercise any other remedy available and remove any
Content if PureHeatCool.com believes that your use of the Site and/or any Content
you provide (a) violate (i) these Terms and Conditions, (ii) the rights of
PureHeatCool.com, its affiliates and subsidiaries, or another user of the Site, or (iii)
any law or regulation, or are otherwise objectionable or inappropriate or (b)
constitute fraudulent activity of any nature. You agree that monetary damages may
not provide a sufficient remedy to PureHeatCool.com for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such
violations without the requirement that PureHeatCool.com post a bond.
PureHeatCool.com is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in PureHeatCool.com’s sole discretion, you have violated these Terms and Conditions.

15. COMPLIANCE WITH LAWS
Use of the Site is at your own risk. You assume full responsibility and risk of loss
resulting from your downloading and/or use of Content and Services, and any other
information, content, or materials accessed through or obtained by means of the
Site. Under no circumstances shall PureHeatCool.com or its affiliates and
subsidiaries, or their respective directors, officers, employees and agents, or any
third-party supplier, provider, or licensor, be liable for any indirect, incidental,
punitive, special, or consequential damages (including but not limited to damages
for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site,
Services, and/or Content, even if advised of the possibility of such damages,
regardless of whether such liability is based in tort (including negligence), contract
or any other legal or equitable theory. It is solely your responsibility to evaluate the
accuracy, completeness and usefulness of the Site, Services, and/Content. Some
states do not allow the exclusion or limitation of liability for these kinds of damages,
so the above limitations or exclusions may not apply to you.

16. PROHIBITED ACTIVITIES
The following is a partial list, in addition to other prohibited actions in these Terms
and Conditions, of the kinds of activities that are prohibited on or through the Site:
(a) submitting Content that is patently offensive to the online community, such as
content that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; (b) engaging in activities or submitting Content that could
be harmful to minors; (c) engaging in activity or submitting Content that harasses or
advocates harassment of another person; (d) engaging in activity that involves the
transmission of “junk mail” or unsolicited mass mailing or “spam” to
PureHeatCool.com users or others; (e) engaging in activity or submitting Content, or
promoting information, that is fraudulent, false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submitting Content that contains restricted or password-only access pages, or
hidden pages or images; (g) submitting Content that displays pornographic or
sexually explicit material of any kind; (h) submitting Content that provides
instructional information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer viruses; (i)
engaging in activities or submitting Content that solicit passwords or personally
identifiable information for unlawful purposes from other users; (j) engaging in
commercial activities and/or sales without our prior written consent, such as
contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site’s
lead forms and/or toll-free numbers to advertise or promote products and services
to PureHeatCool.com advertisers; (l) using any device, software or routine to
interfere or attempt to interfere with the proper working of the Site; or (m) taking
any action that imposes an unreasonable or disproportionately large load on
PureHeatCool.com’s hardware and software infrastructure (collectively, “Prohibited
Activities”).

17. PRIVACY NOTICE
Your use of the Site and Services may involve the transmission of your personal
information. PureHeatCool.com’s notices regarding the collection and use of
personal information are governed by the PureHeatCool.com’s Privacy Notice and
Privacy Notice for California Residents , both of which are hereby incorporated by
reference in their entirety.
18. INTERNATIONAL USERS AND EXPORT CONTROL LAWS
This Site is intended only for users in the United States of America and Canada.
PureHeatCool.com makes no representation that the Site, or the Services available
through it, are appropriate or available for use at other locations outside the United
States of America or Canada, and access to the Site from territories where the Site or
the Service are illegal is prohibited. The export and re-export of software products
are controlled by the United States Export Administration Regulations, and such
software may not be exported or re-exported to certain designated countries, or any
country to which the United States embargoes goods. In addition, PureHeatCool.com
software may not be distributed to certain designated persons on the Table of
Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you
use or access the Site or the Services outside of the United States of America or
Canada, it is your responsibility to ensure that your use complies with all applicable
laws, rules, and regulations and, without limiting the generality of your obligations
under the indemnity provisions these Terms and Conditions, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Services outside of the United States of America and Canada.

19. GOVERNING LAW; JURISDICTION
These Terms and Conditions, any transactions consummated thereunder, and any other disputes related in any way to your access to and use of this Site and/or its
Services shall be governed by and construed under the laws of the United States and
of the State of Michigan, without regard to conflicts of law principles or rules
thereof. Any legal action arising out of or related to these Terms and Conditions or
your access to and use of this Site and/or its Services must be commenced within
one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT
PUREHEATCOOL.COM AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A
TRIAL BY JURY. PureHeatCool.com and you each agree to use best efforts to settle
any dispute or claim arising out of, or relating to, these Terms and Conditions or
your access to and use of this Site and/or its Services. If PureHeatCool.com and you
cannot reach a written settlement agreement within thirty (30) days of the raising
of the controversy or claim, PureHeatCool.com and you shall submit the dispute to binding arbitration to take place in the State of Michigan, as set forth in Section 21, below. To the degree the arbitration provision is deemed unenforceable, or if any
action is otherwise allowed to be maintained in a court of competent jurisdiction,
you agree that such action must be commenced in a State or Federal Court within the State of Michigan.

20. CLASS ACTION
PUREHEATCOOL.COM AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR
CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS
AND CONDITIONS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS
CONTENT OR SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE
BASIS. PUREHEATCOOL.COM AND YOU AGREE THAT CLAIMS OF TWO OR MORE
PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, PUREHEATCOOL.COM AND YOU AGREE THAT NEITHER YOUR NOR PUREHEATCOOL.COM MAY PURSUE
THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE
ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY
NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S
AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF
ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.

21. ARBITRATION
PureHeatCool.com and you agree that this Section 21 shall be construed and
interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.
PureHeatCool.com and you agree that any and all Claims shall be submitted to final
and binding Arbitration, to take place within the State of Michigan,before the
American Arbitration Association (“AAA”) in accordance with the AAA Commercial
Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be
entered on the arbitration award by a court of competent jurisdiction within the
State of Michigan. You agree that Claims submitted to arbitration shall be decided in
a single arbitration before a single arbitrator who must be on the AAA National
Roster of Commercial Arbitrators and selected in accordance with the AAA Rules.
The arbitrator shall have the authority to award the same damages, including
reasonable attorney’s fees, and all other relief that a court can award. You
acknowledge and agree that you voluntarily and knowingly entered into these
Terms and Conditions and chose to use the Site and the Services offered by it rather
than companies that offer similar services and who may not have an arbitration
agreement.

22. CHANGES TO THESE TERMS AND CONDITIONS
PureHeatCool.com reserves the right to update and periodically amend these Terms
and Conditions at its discretion and at any time. If PureHeatCool.com makes changes
to these Terms and Conditions, amendments will be posted online and the date of
update will be included. Your continued use of the Site after any such update
indicates your agreement to the same. If you do not agree to the modified terms for
the Site or Services, you must discontinue your use of the Site and Services.
PureHeatCool.com may modify, suspend, discontinue, or restrict the use of any
portion of the Site without notice or liability.

23. THIRD PARTY LINKS
This Site may contain links to or otherwise allow connections to third-party
websites, products, or services that are not owned or controlled by
PureHeatCool.com. You agree that PureHeatCool.com is not responsible or liable for the content, policies or practices of any third-party websites or for any nonPureHeatCool.com products or services. PureHeatCool.com does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof. PureHeatCool.com disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. PureHeatCool.com

also disclaims all liability and makes no representations or warranties for any
products or services made available, sold or provided to you by any third party.
Your use of other websites, and the offer or purchase of products or services on or
through such other websites, is subject to the terms and conditions thereof. You
agree that you will bring no suit or claim against PureHeatCool.com arising from or
based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that PureHeatCool.com is affiliated or
associated with, or is legally authorized to use any trademark, trade name, logo or
copyright symbol displayed in connection with or accessible through such links, or
that any linked site is authorized to use any trademark, trade name, logo or
copyright symbol of PureHeatCool.com or any of its affiliates and subsidiaries.

24. MISCELLANEOUS
These Terms and Conditions supersedes all prior and contemporaneous agreements
and understandings between you and PureHeatCool.com relating to the Site and the services, other than any additional terms applicable to a particular Service. You may
not transfer your rights or obligations under these Terms and Conditions without
the prior written consent of PureHeatCool.com. PureHeatCool.com may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and PureHeatCool.com. These Terms and Conditions do not create any third party beneficiary rights. PureHeatCool.com’s failure or delay in exercising any right, power or privilege under these Terms and Conditions will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right,
power, or privilege under these Terms and Conditions. You and PureHeatCool.com
are independent contractors, and no agency, partnership, joint venture, employeeemployer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will
not affect the validity or enforceability of any other provision of these Terms and
Conditions, all of which will remain in full force and effect.

25. CONTACT INFORMATION
By providing your email address, you agree that PureHeatCool.com may send emails
to you related to the Site and/or the Services and any account you may have. If you
do not wish to receive general marketing emails, you can opt out by following the
instructions in the messages. PureHeatCool.com may send any legal notices to you via email, notification by a message to your account, and/or regular mail.

If you have any questions or comments about these Terms and Conditions, please
contact PureHeatCool.com at:
https://pureheatcool.com/contact/
Effective Date: August 29, 2024