IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE
Thank you for purchasing from Corley Plumbing Air Electric (the “Company” or “we”). We hope that you enjoy your purchase and that you get the most out of your services. By completing your online payment of your Service Partner Plan, you hereby irrevocably agree to all provisions of these Terms and Conditions.
SECTION 1 — DEFINITIONS
Unless otherwise indicated in these Terms and Conditions, the following terms, when capitalized, shall have the meanings set forth below:
1.1 “System” A single system is defined as consisting of one heating and one air conditioning component. For example, this could be one heat pump condensing unit with an air handler or one gas furnace with a condensing unit or a package unit which is an air handler/furnace with a condensing unit in one cabinet outside. If you are unsure about how many systems you have, please contact our office.
1.2 “Affiliate” means, with respect to any specified person or entity, any other person or entity who, directly or indirectly, controls, is controlled by, or is under common control with such person or entity.
1.3 “Credit Card” means the credit card and the credit card information that you provided to Corley Plumbing Air Electric or its agent when you purchased our product via the internet at corleypro.com.
1.4 “Media” means all DVDs, infomercials, advertisements, and other media used to advertise and/or describe the products and services offered by Corley Plumbing Air Electric.
1.5 “You” means the individual who purchased products or services from Corley Plumbing Air Electric by authorizing the credit card in question to be charged the purchase price (as defined below).
SECTION 2 – PURCHASE PRICE; PAYMENT TERMS; CANCELLATION
2.1 Purchase Price. The Purchase Price for the monthly plan is due and payable on the 5th or the 20th of each month, and you hereby authorize Corley Plumbing Air Electric and its agents to charge your Credit Card the Purchase Price on the next 5th or 20th day of the month from when you place your order. You also agree that the Purchase Price is non-refundable.
The Purchase Price for the annual plan is due and payable on the day you place your order, and you hereby authorize Corley Plumbing Air Electric and its agents to charge your Credit Card the Purchase Price on the day that you place your order. You also agree that the Purchase Price is non-refundable.
2.2 Payment and Delivery Terms.
When signing up for a monthly Service Partner plan, your plan will be active after your first monthly payment is made. Your first payment will occur on the 5th or the 20th of the month, which is also when future payments will be charged. By selecting recurring monthly payments, you are paying for the month in advance (i.e. the 20th through the 19th of the next month). We would ask that you continue your plan for a minimum of 12 months. Your plan will continue automatically after 12 months unless you contact us to cancel.
If you selected the annual plan, your plan is active once your payment is processed after you have submitted your information. Your card will be charged when you submit your information. You are paying for the entire year of service and your plan will renew automatically in one year.
2.3 Cancellation Policy
If you need to cancel your account at the end of 12 months, send an email to firstname.lastname@example.org stating that you need to cancel your plan. Please include your name, address and reason for cancellation. You will receive an email from us when your cancellation is complete.
SECTION 3 — REMEDIES; EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
3.1 Remedies.There are no refunds available for the Service Partner Plan.
3.2 PURCHASE PRICE LIMITATION. THE MAXIMUM AGGREGATE LIABILITY OF Corley Plumbing Air Electric AND THE OTHER Corley Plumbing Air Electric PERSONS ARISING OUT OF THE PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, TRADE PRACTICES OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCT.
3.3 Time Limitation. You agree that any legal action brought by you in connection with the product must be commenced within two years after the cause of action accrues, or reasonably could have been discovered, or it shall be deemed waived and irrevocably barred.
SECTION 4 — GOVERNING LAW; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY
4.1 Governing Law. Any controversy or claim concerning or in relation to the product shall be governed by, construed and interpreted in accordance with the laws of the State of South Carolina without regard to its conflicts of law principles that would require the application of the laws of another jurisdiction.
4.2 Arbitration. Any controversy or claim arising out of or relating to the product shall be submitted to final and binding arbitration in Greenville, SC in accordance with the commercial rules of the American Arbitration Association (the “AAA”). The arbitration shall be before a single arbitrator. If not mutually agreed upon, the arbitrator shall be selected according to AAA rules from a list, prepared by AAA, of persons having expertise in the subject matter. Judgment upon the award may be entered in any court having jurisdiction thereof. This provision is self-executing, and in the event that any relevant person or entity fails to appear at any properly noticed arbitration proceeding, an award may be entered against such person or entity notwithstanding said failure to appear. Corley Plumbing Air Electric and you shall split all costs of the arbitrator(s) equally. PLEASE NOTE THAT NEITHER YOU NOR ANY Corley Plumbing Air Electric PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. NOTHING IN THESE TERMS AND CONDITIONS SHALL PROHIBIT YOU FROM FILING A CLAIM IN SMALL CLAIMS COURT IN YOUR LOCAL JURISDICTION IN AN INDIVIDUAL CAPACITY.
4.3 Expenses. In the event a controversy or claim between the you (on the one hand) and Corley Plumbing Air Electric or any other Corley Plumbing Air Electric Person (on the other hand) relating to the product, the prevailing party(ies) shall be entitled to receive reimbursement for all associated reasonable costs and expenses (including, without limitation, attorneys’ fees) from the other party(ies), including without limitation on appeal and in insolvency and any other legal proceeding.
SECTION 5 — MISCELLANEOUS
5.1 Severability. Any arbitrator or court enforcing the terms of these Terms and Conditions is specifically permitted and authorized to modify the provisions contained in these Terms and Conditions in order to make them enforceable. The partial or complete invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
5.2 Modification of Agreement. No addition to or modification of these Terms and Conditions shall be binding on you, Corley Plumbing Air Electric or any other Corley Plumbing Air Electric Persons unless reduced to writing and executed by you and an authorized representatives of Corley Plumbing Air Electric.
5.3 Entire Agreement. These Terms and Conditions, the product and the instructions included with the product comprise all the terms, conditions and agreements with respect to the subject matter hereof and thereof and supersedes all previous negotiations, proposals, or agreements of any nature whatsoever.
5.4 Captions and Headings. Captions and headings contained in these Terms and Conditions have been inserted solely for the convenience of reference and in no way define, limit or describe the scope or substance of any provisions of these Terms and Conditions.