Established in 1954
 
Site Terms
Privacy Policy
WE RESPECT YOUR PRIVACY
TERMS AND CONDITIONS FOR USE
  1. Your Information
  2. Privacy
  3. Termination of Use
  4. Links/Advertising
  5. Feedback
  6. Legal Compliance
  7. © Copyright Information
  8. Trademark/Service Mark Information
  9. No Agency
  10. Disclaimer
  11. Liability Limit
  12. Indemnity
  13. Notices
  14. Miscellaneous
The following agreement (the "Terms of Use") describes the terms on which Charles E. Jarrell Contracting Company, Inc. ("Jarrell"), permits use of the Jarrell web site, the home page of which is located at http://www.cejarrell.com (the "Web Site"). These Terms of Use shall govern all use of the Web Site and apply to all Internet traffic visiting the Web Site (all such traffic being referred to herein as "Users" or "You"). Before using the Web Site, please read all of these Terms of Use carefully as your use of the Web Site constitutes your acceptance of these Terms of Use. If You do not agree to these Terms of Use, You may not use the Web Site.
Jarrell may amend these Terms of Use at any time. Except as stated below, all amended terms shall automatically be effective upon being posted by Jarrell to the Web Site. Accordingly, You should check the Web Site frequently for any changes to these Terms of Use. These Terms of Use may not be otherwise amended except in a writing signed by Jarrell and You.
1. Your Information
1.1. If you wish to be contacted by Jarrell, You must provide Jarrell with certain information, such as your name, company, address, city, state, zip code, phone, fax, e-mail and any comments You may wish to share. You agree that You will only provide Jarrell with information that is true and accurate. You hereby consent to Jarrell verifying any information that You provide to it.
2. Privacy
2.1. Our current Privacy Policy is available for your review and the terms thereof, as the same may be amended or modified from time to time, are incorporate herein by reference.
3. Termination of Use
3.1. Jarrell reserves the right to suspend or terminate your access to the Web Site and the services provided thereby without prior notice at any time for any reason, including, but not limited to, your failure to comply with any of these Terms of Use or your engaging in any conduct that Jarrell, in its sole discretion, believes (i) to be illegal or potentially harmful to others or (ii) may expose Jarrell to liability.
4. Links/Advertising
4.1. The Web Site may contain links to third party sites within our content and through our advertisers. We are not responsible for and do not endorse or recommend any of the content on these sites, nor are we responsible for your use of these sites or any transactions You perform on them. Be aware that any policies that govern this Web Site, including these Terms of Use and our Privacy Policy, do not govern any linked websites. Before using and disclosing any personally identifying information of any of these linked websites, we encourage you to review such linked websites' policies.
4.2. Visitors desiring to advertise on or electronically link to the Web Site are requested to make their inquiries by e-mail to: info@cejarrell.com. Linking to the Web Site without the prior written approval of Jarrell is strictly prohibited.
5. Feedback
5.1. Jarrell welcomes feedback from our clients and other users of our Web Site. We would love to hear from you about what we are doing right or what we can be doing better. Feedback may be e-mailed to us at info@cejarrell.com or by calling the help desk, (800) 729-HVAC. Any feedback, content or other information sent to Jarrell (collectively, the "Feedback") shall remain the property of the author but, by submitting the same to Jarrell, the author hereby grants to Jarrell a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use such Feedback, in any medium, for any and all purposes, including but not limited to, commercial purposes, displaying publicly, reproducing, or creating derivative works there from.
6. Legal Compliance
6.1. You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site.
7. © Copyright Information
7.1. All content appearing on this Web Site is the copyrighted property of Jarrell unless otherwise noted. Reproduction or storage of materials retrieved from this service is subject to the U.S. © Act of 1976, Title 17 U.S.C. You may not use, distribute, reproduce, publish, transmit, transfer, sell, perform, create derivative works from, or in anyway exploit the content, except for personal, noncommercial use, provided that You maintain all © and other notices contained in such content.
8. Trademark/Service Mark Information
8.1. Charles E. Jarrell, Jarrell and Charles E. Jarrell Contracting Company, Inc. are trademarks and/or service marks of Jarrell. Any other trademarks or service marks appearing on this site of property of their respective owners.
9. No Agency
9.1. You and Jarrell are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.
10. Disclaimer
10.1. THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE WEB SITE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, JARRELL MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. JARRELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, JARRELL'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Liability Limit
11.1. UNDER NO CIRCUMSTANCES WILL JARRELL BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT JARRELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. JARRELL SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL JARRELL'S LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO JARRELL DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR JARRELL MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, JARRELL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Indemnity
12.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD JARRELL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY YOU OF THE WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM JARRELL'S OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY.
13. Notices
13.1. Except as explicitly stated otherwise, (i) any notices to Jarrell shall be made by postal mail to Charles E. Jarrell Contracting Company, Inc., 4208 Rider Trail North, Earth City, Missouri 63045, Attn: Legal Department, and (ii) any notices to You shall be made by postings to our site. Alternatively, we may give You notice by sending an e-mail to the e-mail address You provided us when registering or by postal mail to the postal address You provided us. In the case of e?mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 3 days after the date of mailing.
14. Miscellaneous
14.1. Entire Agreement. These Terms of Use constitute the sole agreement between Jarrell and You regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that You have read and understand these Terms of Use and agree to be bound by the same.
14.2. Force Majeure. Jarrell will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, terrorism, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.
14.3. Legal Actions. These Terms of Use will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws provisions. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of the Web Site and/or the services provided thereby shall be the state and federal courts located within the City of St. Louis, Missouri, or St. Louis County, Missouri, and You consent to such jurisdiction and waive all objections to such jurisdiction and venue.
14.4. Severability. If any provision of these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
14.5. No Waiver. Any failure of Jarrell to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use. Jarrell may only make such waiver by an express writing.
14.6. No Assignment. Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or to any entity. Jarrell shall have the right to assign its rights in the Web Site to any other entity in its sole discretion.
C.E. Jarrell Site Terms | Privacy Policy
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