Terms & Conditions

Terms and Conditions for GeoComfort.com, effective immediately – last updated August 6, 2018.

Agreement to Terms

The website, www.geocomfort.com (“Site”), is provided by Enertech Global, LLC (“Company”) and may be used for informational purposes only. You, whether personally or on behalf of an entity (“You” or “User”), agree that by accessing the Site’s resources, services, products, and tools provided (“Materials”), you have read, understood, and agreed to accept these Terms of Use. IF YOU DO NOT AGREE TO ABIDE BY ALL TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.  We reserve the right, in the Company’s sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms of Use to stay informed of updates.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old.  Persons under the age of 18 are not permitted to use or register for the Site.

Limited License

Subject to the terms and conditions set forth in these Terms of Use, the Company grants you a nonexclusive, nontransferable, limited right to access, use and display this Site and the Materials thereon.

The Company authorizes you to view and download Materials at this Site only for your personal, noncommercial use.  This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

  • You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials.
  • You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
  • You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use.
  • You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.  This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions.
  • You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.

Disclaimer

The Site is provided on an “as-is” and “as-available” basis.  You agree that your use of the Site and the Company’s services will be at your sole risk.  To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  The Company makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

  • errors, mistakes, or inaccuracies of content and Materials;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
  • any unauthorized access to or use of the Company’s secure servers and/or any and all personal information  and/or financial information stored therein;
  • any interruption or cessation of transmission to or from the Site,
  • any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
  • any errors or omissions in any content and Materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

The Company does not warranty, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.  As with the purchase of a product or service through any medium or in any environment, you shall use your best judgement and exercise caution where appropriate.

Limitations of Liability

In no event will the Company or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or its Materials, even if we have been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount you paid, if any, for use of products and/or services.

User Registration

You may be required to register with the Site.  You agree to keep your password confidential and will be responsible for all use of your account and password.  The Company reserves the right to remove, reclaim, or change a username you select if the Company determines, in its sole discretion, that such username is inappropriate or redundant.

User Representations

By using the Site, You represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with these Terms of Use.
  • You are not a minor in the jurisdiction in which you reside.
  • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Site for any illegal or unauthorized purposes.
  • Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Intellectual Property Rights

Unless otherwise indicated, the Site is the Company’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Content”) and trademarks, service marks, and logos contained therein (“Marks”) are owned, controlled, or licensed by the Company, and are protected by copyright and trademark laws and various other intellectual property rights and unfair completion laws of the United States, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company’s express prior written permission.

Information Provided by You

The Company does not want you to, and you shall not send any confidential or proprietary information via the Site.  You acknowledge and agree that any materials or other information provided by you (“Submissions”) to the Company through the Site will not be considered confidential or proprietary. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purposes, commercial or otherwise, without acknowledgement or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Company.  If you decide to leave the Site and access the Third-Party Website or to use or install any Third-Party Content, you do so at your own risk, and you shall be aware these Terms of Use no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.  Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  You agree and acknowledge that we do not endorse the products & services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchases of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Part Websites.

Site Management

The Company reserves the right, but not the obligation to:

  • monitor the site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in the Company’s sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in the Company’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
  • in the Company’s sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please read the Site’s Privacy Policy at http://www.geocomfort.com/privacy-policy that explains how the Company collects, manages, processes, secures, and stores private information.  By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through the continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Termination of Use

These Terms of Use shall remain in full force and effect while you use the Site.  WITHOUT LIMITING ANY OTHER PROISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN THE COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AND THE SITE’S MATERIALS, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION.  WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN THE COMPANY’S SOLE DISCRETION.

If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

The Company reserves the right to change modify, or remove the contents of the Site at any time or for any reason at the Company’s sole discretion without notice.  However, the Company have no obligation to update any information on the Site.  The Company also reserves the right to modify or discontinue all or part of the Site without notice at any time.  The Company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

The Company cannot guarantee that the Site will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.  The Company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.  You agree that the Company has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.  Nothing in these Terms of Use will be construed to obligate the Company to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.>

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending the Company emails, and completing online forms constitute electronic communication.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications the Company provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Indemnification

You agree to defend, indemnify, and hold the Company harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • use of the site;
  • breach of these Terms of Use;
  • any breach of your representations and warranties set forth in these Terms of Use;
  • your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with our defense of such claims.  The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law and Dispute Resolution

This Site is controlled by Enertech Global, LLC from its offices within the United States of America.  These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.

Any legal action whatever nature brought by either you or the Company (“Parties” or “Party”) shall be commenced or prosecuted in the state and federal courts located in Bond County, Illinois, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in such state and federal courts.  Application of the United Nations Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.  In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.

Contact Us

To receive further information regarding use of the Site as outlined above, please contact us at:

Enertech Global, LLC 
2506 South Elm Street 
Greenville, IL 62246 
USA

Phone:  618-664-9010 
Fax:  618-664-4597 
Send us a message 

GeoComfort
by Enertech Global, LLC
2506 S Elm Street
Greenville, IL 62246