Terms of Service for all agreements written, verbal or otherwise with Aspen Fireplace & Patio Inc. (going forward referred to as ‘COMPANY’) and use of https://aspenfireplace.com/ (and all related subdomains) Introduction Welcome to https://aspenfireplace.com/. This (these) website(s) is/are owned and operated by this COMPANY. By visiting our website(s) and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). This agreement is in effect as of 8/26/22. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Responsible Use and Conduct By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Iii. Contains any type of unauthorized or unsolicited advertising; Iiii. Impersonates any person or entity, including any www.goodgroupllc.com, www.goodmarketinggroup.com employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.goodgroupllc.com, www.goodmarketinggroup.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy. i. You agree to indemnify and hold harmless www.goodgroupllc.com, www.goodmarketinggroup.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. Privacy Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here. Limitation of Warranties By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that: v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from www.goodgroupllc.com, www.goodmarketinggroup.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. Limitation of Liability In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. COMPANY will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Copyrights/Trademarks All content and materials available on any of our company websites (not client websites), including but not limited to text, graphics, website name, code, images and logos are the intellectual property of this COMPANY, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by this COMPANY. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY FOR SERVICES, PORTALS AND ALL OTHER AGREEMENTS THIS COMPANY AND ITS SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. COMPANYDOES NOT WARRANT THAT THE PORTAL OR SERVICES IS/ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL NOT CAUSE LOSS OF OR DAMAGE TO DATA STORED ON COMPUTING DEVICES ON WHICH IT IS INSTALLED. THE PORTAL MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS FROM A COMPUTER WITH WHICH THE PORTAL IS USED OR ACCESSED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL THIS COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY TYPE OF DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANYOR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. Billing and Payment Terms (if Applicable) The total fee for all Products to which you subscribe (the “Product Fee”, whether you subscribe to one or more Products) will be automatically charged to your bank credit card or through another automated payment method acceptable to us on each Payment Date (an “Appropriate Payment Method”). “Payment Date” means the date on which you subscribe to a Product and each monthly or annual anniversary of such date. For example, if you subscribe to a Product on June 5, the Payment Date will be the 5th day of each month for a monthly subscription or June 5th of the following year for an annual subscription. Renewal of Product Subscriptions. Your subscription to one or more Products will be automatically renewed on each Payment Date until such time as either you or we cancel the subscription to that Product. Good Marketing Group reserves the right to change prices on products, subscriptions and automated programs without prior notification to the client. Refusal of Subscription. We reserve the right to reject your subscription for Products for any reason such as: a. unavailability of a service in the state where you reside b. your credit history c. inability to provide an Appropriate Payment Method (as defined in Billing and Payment Terms section above) Any invoices unpaid by you the ‘Customer’ after 90 days we will incur a collection fee of 25% above the outstanding balance. Termination of Use You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Governing Law COMPANY services, products, websites and licensed portals are located, developed and controlled by COMPANYfrom our offices located in the commonwealth of Pennsylvania, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the commonwealth of Pennsylvania, by accessing our website, you agree that the statutes and laws of the commonwealth of Pennsylvania, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the county of Franklin County in the state of Ohio USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Guarantee UNLESS OTHERWISE EXPRESSED, COMPANYEXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Terms There are no warranties expressed or implied of merchantability and are no expressed or implied warranties for fitness of a particular purpose. Costs may not include taxes, additional client requested changes or delays caused by the client, photostats, typography, photographs, overtime, rush charges, special consultants, shipping/postage charges and all other work expenses that cannot be estimated accurately in advance. Actual costs for these will be added to the final billing. Installment methods, changes in dimension and color are subject to change and cannot accurately be represented at all times. The laws of the Commonwealth of Pennsylvania shall govern this Agreement. You agree that venue for any litigation or dispute under this Agreement shall be in Montgomery County, the commonwealth of Pennsylvania. © Copyright, Aspen Fireplace & Patio Inc.. All rights reserved. Contact Information If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: Aspen Fireplace & Patio Inc. 5156 Sinclair Rd Columbus, OH 43229 USA