Getzschman Heating, LLC

Terms Of Use:

Please read these Terms of Use carefully before using the site. By using the site you signify your consent to these Terms of Use. If you do not agree to the Terms, please do not use the site.

The site is owned and operated by Getzschman Heating, LLC. governed under the laws of The State of Nebraska. Getzschman Heating, LLC, (herein Getzschman Heating, LLC) maintains the site for your personal business use and information. Please feel free to browse the site. You may download material displayed on the site provided you keep intact all copyright, trademark, and other proprietary notices. You may not; however, copy, reproduce, republish, upload, post, transmit, or distribute in any way the contents of this site including the text, images, audio, and video for public or commercial purposes, without written permission from Getzschman Heating, LLC.

THEREFORE, in consideration of the agreements and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

1) You should assume that everything you see or read on the site is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. Getzschman Heating, LLC does not warrant or represent that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Getzschman Heating, LLC. Images are either the property of, or used with permission by, Getzschman Heating, LLC.

2) The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3) Getzschman Heating, LLC uses reasonable efforts to include accurate and up-to-date information on the site. However, Getzschman Heating, LLC makes no warranties or representations as to the accuracy of the information. Getzschman Heating, LLC assumes no liability or responsibility for any errors or omissions in the contents of this site.

4) Furthermore, your use of and browsing in the site is at your risk. Neither Getzschman Heating, LLC  nor any other party involved in creating, producing, or delivering the site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5) Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Getzschman Heating, LLC also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or you’re downloading of any materials, data, text, images, video, or audio from the site.

6)  The site may contain links to other Web sites operated by third parties other than AmeraScope Media. Such links are provided for your convenience only. AmeraScope Media does not control such Web sites and is not responsible for their content. The fact that the site contains links to other sites does not mean that AmeraScope Media approves of, endorses, or recommends those sites, nor does it imply any association with their operators. AmeraScope Media disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in the site.

7) The trademarks and logos displayed on the site are trademarks of Getzschman Heating, LLC. Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Getzschman Heating, LLC or such third party that may own the trademarks displayed on the site. Regarding use of the trademarks, see Intellectual Property Rights.

8) Getzschman Heating, LLC has not reviewed all of the sites linked to the site and is not responsible for the contents of any off site pages or any other sites linked to the site. Your linking to any other off site pages or other sites is at your own risk.

9) The site may contain links to other Web sites operated by third parties other than Getzschman Heating, LLC. Such links are provided for your convenience only. Getzschman Heating, LLC does not control such Web sites and is not responsible for their content. The fact that the site contains links to other sites does not mean that Getzschman Heating, LLC approves of, endorses, or recommends those sites, nor does it imply any association with their operators. Getzschman Heating, LLC  disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in the site.

10) Reservation of Rights. Getzschman Heating, LLC reserves the right of final Acceptance of the Work Order Confirmation; the client understands that an officer of Getzschman Heating, LLC is the only binding authority with the client in this Agreement. Should it be deemed necessary prior to commencement, said officer shall have the right to void this Agreement upon its presentation to the company, before any work has been commenced, or at any time the client is in default under the terms of this Agreement.

11) Confidential Information. Means any and all information disclosed by either party (the “Disclosing Party”) to the other (the “Receiving Party”) which is marked “confidential” or “proprietary”, including oral information, which is designated confidential at the time of disclosure. Confidential Information does not include any information that the Receiving Party can demonstrate; (I) was known to it prior to its disclosure by the Disclosing Party; (II) is or becomes publicly known through no wrongful act of the Receiving Party; (III) has been rightfully received from a third party authorized to make such disclosure without restriction; (IV) is independently developed by the Receiving Party; (V) has been approved for release by the Disclosing Party’s prior written authorization; or (VI) has been disclosed by court order or as otherwise required by law, provided that the party required to disclose the information provides prompt advance notice thereof, to the extent practicable, to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure.

12) Each party hereby agrees that it shall not disclose any Confidential Information received from the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party’s Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances less than reasonable care. Neither party shall disclose the other party’s Confidential Information to any person or entity other than its officers, partners, principals, and employees who need access to such Confidential Information in order to affect the intent of this Agreement.

13) Default. Means for either party; (a) failure to perform any of its material obligations under this Agreement and failure to cure such default within thirty (30) days following notice thereof; (b) becoming or being declared insolvent or bankrupt or be the subject of any proceedings related to its liquidation, insolvency, or for the appointment of a receiver or similar officer for it; (c) making an assignment for the benefit of its creditors, or entering into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations; or (d) for Client to fail to pay any sum of money due hereunder.

14) Intellectual Property. Means any intellectual property or proprietary rights, including, but not limited to, copyright rights (including rights in audiovisual works), moral rights, trademarks (including logos, slogans, trade names, service marks), patent rights (including patent applications and disclosures), know-how, inventions, rights of priority, and trade secret rights, recognized in any country or jurisdiction in the world.

15) System. Includes all source and object code, including third party software, internal documentation used to provide the service to Client, Getzschman Heating, LLC content and documentation. System software includes the database schema and stored procedures, HTML, XML, and ASP scripts and any other object code in any computer language used for the creation, management of or delivery of the system.

16) Compliance with Laws. Each party shall be responsible for compliance with all applicable laws and government regulations in the process of delivering and/or using the system.

17) General Liability. GETZSCHMAN HEATING, LLC AND/OR ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS SUSTAINED BY THE PURCHASER THROUGH THE USE OF THIS LIST. WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, AND IN NO EVENT, SHALL OUR LIABILITY EXCEED THE PRICE PAID FOR THE LIST OR OTHER SERVICES.

18) States´ Do Not Call. The following states have their own Do Not Call laws and associated lists: Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, Missouri, New York, Oklahoma, Tennessee, Texas, and Wisconsin. Due to the varying publication dates of such states´ files and the nature of compilation methods, WE CANNOT AND DO NOT WARRANT THAT THE NAMES AND/OR TELEPHONE NUMBERS OF SUCH SUBSCRIBERS HAVE BEEN IDENTIFIED OR DELETED FROM THE ORDERED LIST OR ARE REFLECTED IN THE ORDERED SUPPRESSION PROCESSING. In addition, the states of New York and Wisconsin require that any user of their Do Not Call suppression files must purchase subscriptions directly from the state. This applies to direct users, as well as, to users who gain access to, or benefit of, the suppression data through a third party. Compliance with the laws of individual states is understood to be your responsibility.

19) Client Data. Getzschman Heating, LLC  shall use the same degree of care to protect Client Data as used to protect Client’s Confidential Information. Except as required to provide technical support requested by Client, only the Client can enter, edit, delete, and use Client Data during the term of this Agreement.
20) Security. Getzschman Heating, LLC uses commercially reasonable practices, including encryption and firewalls, to ensure that Client Data is disclosed only to Client’s authorized users. However, Client acknowledges that the Internet is an open system and Getzschman Heating, LLC cannot and does not warrant or guarantee that third parties cannot or will not intercept or modify Client Data.

21) Password. As part of the subscription and administration process, the Client can select passwords for the Client account. Client is responsible for maintaining the confidentiality of passwords, and agrees that Getzschman Heating, LLC has no obligations with regard to the use of such passwords by third parties. The Client is responsible for any and all activities in the system with the use of Client password(s). The Client agrees to notify Getzschman Heating, LLC immediately if Client has any reason to believe that the security of the Client’s account has been compromised.

22) Availability. Getzschman Heating, LLC uses commercially reasonable efforts to maintain availability of the system twenty-four (24) hours per day, seven (7) days per week. However, scheduled and unscheduled interruptions may occur, and Getzschman Heating, LLC does not warrant or guarantee uninterrupted availability of the system. Normal software or hardware upgrades are scheduled for nights and weekends, Central Time, and designed to cause a minimum amount of interruption to system availability. Clients will be notified of such interruptions in advance. In the event that an unscheduled interruption occurs, Getzschman Heating, LLC will apply the appropriate use of internal and external resources to resolve the problem and return the system to availability as soon as possible. During these scheduled and unscheduled interruptions, Clients may be unable to transmit and receive data. Client agrees to cooperate with Getzschman Heating, LLC during the scheduled and unscheduled interruptions. Getzschman Heating, LLC reserves the right to modify, suspend, or discontinue providing the system or any portion thereof at any time, including the availability of any functional area of the system. Getzschman Heating, LLC may also impose limits on certain features and services or restrict Clients access to parts of the system without notice or liability.

23) Support. Getzschman Heating, LLC provides support to customers through a variety of systems. Getzschman Heating, LLC strives to make the system an easy to use software application system. Getzschman Heating, LLC also strives to make its support tools error-free and readily available. However, Getzschman Heating, LLC does not warrant that the online materials will be without typographical or functional errors or always be available.

24) Third Party Fees and Costs. In addition to the charges set forth above, Client is responsible for all expenses and charges associated with accessing the World Wide Web and connecting to the Getzschman Heating, LLC  site, any service fees associated with such access and connection, and for providing all equipment necessary for Client to make the connection. USPS rates are subject to change and are not considered apart of this Agreement. Media placement is not considered apart of this Agreement.

25) And (e) any applicable taxes on the above amounts. For purpose of identification and billing, Client agrees to provide Getzschman Heating, LLC with and maintain accurate Client information, including, without limitation, Client

26) Legal name, address, telephone number, e-mail address. Failure to maintain this information may, at Getzschman Heating, LLC option; result in suspension or termination of Client’s services provided by Getzschman Heating, LLC.

27) Payment and Terms. Payment shall be made in US dollars to Getzschman Heating, LLC into the account designated by Getzschman Heating, LLC or as may otherwise be agreed in writing by the parties. Payments are due upon presentation of invoice. If due to bank charges, transfer fees, or the like, Getzschman Heating, LLC should receive less than its invoice amount, Getzschman Heating, LLC will re-invoice Client for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Getzschman Heating, LLC within fifteen (15) days after presentation, Getzschman Heating, LLC will impose a debt service charge amounting to three percent (3%) of the overdue balance. Thereafter, a finance charge of three percent (3%) per month, or the maximum percentage allowed under applicable laws, whichever is greater, shall be applied to the overdue balance. In the event that any amount remains unpaid forty-five (45) days after presentation of invoice, Getzschman Heating, LLC may discontinue, withhold, or suspend services to Client.

28) Order Acceptance. All orders for service are subject to acceptance by Getzschman Heating, LLC. A service order will be deemed accepted by Getzschman Heating, LLC when written confirmation of the service order is sent to Client. Getzschman Heating, LLC may refuse to accept any service order or delay acceptance pending fulfillment of conditions Getzschman Heating, LLC may choose to impose. Such refusal or such conditions may not be unreasonable; however, and Getzschman Heating, LLC  agrees to provide Client with reasonable notice via electronic mail or fax of any intent to delay or decline the acceptance of any service order.

29) DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Getzschman Heating, LLC , HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW, COURSE OF DEALING, TRADE USAGE, REPRESENTATION STATEMENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE PARTIES BY LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE.

30) Default. In the event of a Default by one party, the other party may, at its option; (a) exercise any and all rights and remedies available to it at law or in equity; (b) immediately terminate this Agreement; and/or (c) declare all amounts due, or to become due, immediately due and payable, upon providing written notice thereof to the defaulting party.

31) Governing Law. The validity, construction, and interpretation of any agreement or contract shall be adjudicated in the appropriate court in the State of Nebraska applying Nebraska law.

32) Attorney’s Fees and Costs. If any legal action is commenced in connection with the enforcement of this Agreement or any instrument or agreement required under this Agreement, the prevailing party shall be entitled to costs, Attorney’s fees actually incurred, and necessary disbursements incurred in connection with such action, as determined by the court.

33) Entire Agreement. This Agreement, together with the policies and instructions incorporated by reference, constitutes the entire agreement between Getzschman Heating, LLC  and Client with respect to the subject matter hereof. There are no restrictions, promises, warranties, covenants, or undertakings other than those expressly set forth herein and therein. This Agreement supersedes all prior negotiations, agreements, and undertakings between the parties with respect to such matter.

34) Severability. If any provision of this Agreement is held by court or arbitrator of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect. Payment obligations, and the rights and obligations of the parties under Sections 6, 10, 12, and 14 shall survive the expiration or termination of this Agreement for any reason.

35) Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any breach by the other party shall not be construed to be a waiver of any succeeding breach or any other covenant by the other party. All waivers must be in writing and signed by the party waiving its rights.

36) Assignment. This Agreement may not be assigned by one of the parties by operation of law or otherwise, without the prior written consent of the other party, which consent shall not be unreasonably withheld. Such consent is not required in connection with the assignment of this Agreement pursuant to a merger in which the assigning party is the surviving entity or in which all or substantially all of the assigning party’s assets or equity is acquired.

37) Relationship of Parties. The relationship of Client to Getzschman Heating, LLC  under this Agreement shall be that of an independent contractor and nothing contained in this Agreement shall create or imply an agency relationship between Getzschman Heating, LLC  and Client, nor shall this Agreement be deemed to constitute a joint venture or partnership between Getzschman Heating, LLC  and Client.

38) Force Majeure. Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfillment or performance if any terms or provisions of this Agreement is delayed or prevented by revolution or other civil disorders; wars; acts of enemies; strikes; lack of available resources from persons other than parties to this Agreement; labor disputes; electrical equipment or availability failure; fires; floods; acts of God; federal, state, or municipal action; statute; ordinance or regulation; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent. This clause shall not apply to the payment of any sums due under this Agreement by either party to the other.

Getzschman Heating, LLC may at any time revise these Terms of Use by updating and publishing to this web site. Thirty days (30) grace periods will be allowed based on the signature date of any existing project predating the the date the updates were published to the web, processes and services under pending completions. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.