Changes. Hvacoptimizer reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hvacoptimizer may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and conditions of this Agreement. Termination. Hvacoptimizer may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Hvacoptimizer.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Hvacoptimizer if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Hvacoptimizer’s notice to you thereof; provided that, Hvacoptimizer can terminate the Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Disclaimer of Warranties. The Website is provided “as is”. Hvacoptimizer and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Hvacoptimizer nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.Limitation of Liability. In no event will Hvacoptimizer, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Hvacoptimizer under this agreement during the twelve (12) month period prior to the cause of action. Hvacoptimizer shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.General Representation and Warranty. You represent and warrant that