Terms and Conditions - Smiley Coatings LLC

Terms and Conditions

Last Updated: July 25, 2024

Introduction and Acceptance of Terms

Welcome to Smiley Coatings LLC. By using our website and services, you agree to comply with and be bound by the following terms and conditions ("Terms"). Please review them carefully. If you do not agree to these Terms, you should not use our website or services.

Definitions

In these Terms, the following definitions apply:

  • "Company," "we," "us," or "our" refers to Smiley Coatings LLC.
  • "You" or "your" refers to the user or viewer of our website.
  • "Services" refers to the HVAC services provided by Smiley Coatings LLC.
  • "Website" refers to our website located at https://gosmileycoatings.com.

Use of Website and Services

By accessing our website, you agree to use it for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website by any third party. You agree not to:

  • Use our website in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity.
  • Send unsolicited marketing emails or spam.
  • Transfer or store illegal material including material that is deemed threatening or obscene.

Account Registration

If applicable, when you register for an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Intellectual Property Rights

All content on this website, including text, graphics, logos, images, and software, is the property of Smiley Coatings LLC or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.

User-Generated Content

If applicable, by submitting content (e.g., reviews, comments) to our website, you grant Smiley Coatings LLC a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content.

Privacy Policy Reference

Your use of our website is also governed by our Privacy Policy, which can be found at Privacy Policy.

Payment and Billing

If applicable, you agree to pay all fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. All payment information is handled securely and we do not store payment card details.

Service/Product Descriptions and Disclaimer

We strive to ensure that our service descriptions are accurate, but we do not warrant that the descriptions or other content on our website are complete, reliable, current, or error-free. All services are provided "as is" without any warranty of any kind.

Limitation of Liability

Smiley Coatings LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.

Indemnification

You agree to indemnify, defend, and hold harmless Smiley Coatings LLC, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the website or services.

Termination of Service

We reserve the right to terminate or suspend your access to our website and services, without prior notice or liability, for any reason, including if you breach these Terms.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Long Island City, NY, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Long Island City, NY to resolve any dispute arising out of or relating to these Terms or the use of our services.

Dispute Resolution

Any disputes arising out of or related to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Long Island City, NY, and the decision of the arbitrator shall be final and binding.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

Contact Information

If you have any questions about these Terms, please contact us at:

Smiley Coatings LLC
30-10 41st Avenue Long Island City, NY 11101

Website Accessibility

We are committed to making our website accessible to all users. If you have any difficulty accessing any part of our website, please contact us and we will work with you to provide the information or service you need.

Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Smiley Coatings LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Social Media Usage

We may interact with users on social media platforms. Please note that any content you post on our social media pages may be publicly viewable, and you should not share any private or sensitive information on these platforms.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.