Terms of Use

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Terms of Use

Effective: April 30, 2011
Last Updated: April 30, 2011

The content of this website (including all data, text, images, designs, and the selection and arrangement thereof on this website), is Copyright 2011, Alpha Mechanical Service, Inc. All rights reserved.

It is important to Alpha Mechanical Service, Inc. (“Alpha”) that when you use this website (the “Site”) you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use (also referred to as “Agreement”) as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with any of these Terms of Use do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms.

Areas of this Site within the may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

We may at any time revise the following terms of your use of this Site by updating this posting. You will be legally bound by any such revisions and are therefore advised to regularly visit this page.

This Site is intended for use by customers and potential customers of Alpha. You may use this Site for obtaining information regarding our products and policies, for placing orders with us, and for your communication with us. You are not entitled to use this Site for any commercial endeavor or activity except as specifically permitted by the Site.

You should assume, unless otherwise noted, that everything you see on this Site (the “Material”) is protected by copyright. However, you have our permission to download one copy of the Material displayed on this Site for your use, provided that all copyright and other notices remain on the Material. You are not allowed to copy, distribute, transmit (whether electronically or by other means) or otherwise republish or reproduce (either in original or modified form) any of the Material from this Site without the advance, written consent of Alpha. By sending any communication to or through this Site, including data, questions, comments, ideas and suggestions, you acknowledge and agree that Alpha is free to use (but has no obligation to review or use), without restriction and without compensation to you, such submission in any manner including (but not limited to) reproduction, disclosure, and publication.

Alpha makes no warranty of any kind with respect to the Material provided on this Site (whether regarding the accuracy of the information or otherwise), and the Material on this Site is provided to you AS IS. Furthermore, Alpha assumes no responsibility, and shall not be liable, for any loss or damage to your computer equipment or software which may occur on account of your access to or use of this Site, or your downloading of any Material (whether data, text, images, or sound) from this Site, whether caused by a “virus” or otherwise. Alpha is not responsible for the content of any off site pages or other sites linked to this Site.

DISCLAIMER OF WARRANTIES: YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALPHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALPHA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALPHA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THIS SITE OR ANY SITES LINKED TO THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALPHA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ALPHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY: ALPHA DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ALPHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ALPHA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON ANY FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF ALPHA OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. ACCORDINGLY, THE CONTENT OF SUCH FORUMS IS NOT THE RESPONSIBILITY OF ALPHA. ALPHA MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH ABOVE.

Alpha may provide you with the opportunity to post information or other content in special areas of this Site such as the “blogs.” By posting or uploading any content to this Site and/or providing any communication or material to this Site (“User Content”), you warrant that such content does not violate or infringe upon the copyright, trademark, trade secret, proprietary, confidentiality, unfair competition, or other intellectual property rights of any person or entity; that such content does not constitute libel, defamation, invasion of privacy, or any violation of any right of publicity of any third person; and that such content will not violate any state or federal laws of false advertising, indecency, obscenity, or other laws regulating such content. Alpha shall have no obligation to treat any such content you may post as confidential information. If you fail to abide by the Terms of Use, Alpha reserves the right to remove your posts or comments and block your ability to post comments.

By posting or uploading any User Content to this Site, you automatically and irrevocably: (a) grant and assign to Alpha any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Alpha and/or by any person authorized by Alpha, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Alpha as your agent with full power to enter into any document and/or do any act Alpha may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Alpha shall not be liable for any use or disclosure of such User Content.

It is essential that you use this Site responsibly and only for lawful purposes and in accordance with applicable law. If Alpha becomes aware of any allegedly or potentially infringing, defamatory, damaging, abusive, harassing, threatening, obscene, illegal, or otherwise unlawful use or activity in connection with any content posted by you on this Site, Alpha may (but shall not be required to) investigate the allegation and/or refer it to a third party for investigation. BY ACCEPTING THIS AGREEMENT, YOU WAIVE, AND HOLD ALPHA HARMLESS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ALPHA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ALPHA OR LAW ENFORCEMENT AUTHORITIES. You agree that if a third party claims that any content you post to this Site is unlawful, you will have the burden of establishing that it is lawful. You agree that all materials posted on this Site by others are their sole responsibility, and that you are solely responsible for all content you post to this Site. Alpha reserves the right to remove, at its sole discretion, and at any time, any content posted by you to this Site.

Alpha seeks to preserve any and all exemptions from liability that may be available under the copyright law, including Title II of the Digital Millennium Copyright Act (“DMCA”), but does not necessarily stipulate that it is a “service provider” as defined in Section 512 of the Copyright Act or elsewhere. By posting content you agree to abide by any and all procedures required by the DMCA or such other laws which may apply to the posting of materials on Internet websites.

Interim Designation of Agent to Receive Notification of Claimed Infringement: For purposes of the DMCA, in the event that Alpha is deemed a “service provider” under the DMCA, the full legal name and address is: Alpha Mechanical Service, Inc., 7200 Distribution Dr., Louisville, KY 40258-2827. All names under which the Alpha is doing business include: Alpha Mechanical Service, Inc and Alpha Energy Solutions. The agent to receive notifications of claimed infringement is: Joe Rhodes, Alpha Mechanical Service, Inc., 7200 Distribution Dr., Louisville, KY 40258-2827, Phone-(502) 968-0121.

You agree to indemnify and hold harmless Alpha and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto this Site, and/or Alpha’s servers, and/or from any and all use of your user account.

These Terms of Use constitute the entire agreement between Alpha and each user of this Site (including you), and cannot be modified without the advance written consent of Alpha. This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky and applicable federal law. If any provision of this Agreement is deemed or declared to be unlawful, void, or for any reason unenforceable, such provision shall be deemed removed from this Agreement, and all other terms shall remain in full force and effect