Last updated: November 20, 2023
We may add to, modify, or otherwise update these Terms from time to time in our sole discretion by notifying you that a new version of these Terms have been posted to the Site. You should review these Terms for any additions, modifications or updates each time that you access any of the Sites or use any of the Services. Your use of the Sites or Services following any additions, modifications or updates to these Terms constitutes your acceptance of such additions, modifications or updates.
2. Using the Sites and Services.
A. Description. When you submit certain required information to us using the Sites and Services, we will provide an evaluation of a quote or estimate from a HVAC dealer, HVAC provider or other vendor that provides HVAC services (including repair and installation) (a “HVAC Professional”) (an “Evaluation”). At our option, we may also provide you with functionality to schedule an appointment with a HVAC Professional through the Sites and Services. Please note that we may receive compensation from any HVAC Professional with which you schedule an appointment and/or receive services.
B. Eligibility. To use the Sites and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms.
C. Accounts. Use of the Sites and Services may require that you register for an account with us. You are solely responsible and liable for all uses of the Sites and Services using your account. We may use security measures, including user identification and authentication (including API keys; strong, unique passwords; two-factor authentication; and authorization) to prevent the unauthorized access and use of the Sites and Services. We are not responsible for any unauthorized access or use of the Sites and Services. Your use of the Sites and Services may not exceed any applicable usage limitations, including limits on the number of Evaluation requests. You are responsible for keeping its passwords and access credentials confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access or use of your passwords and access credentials. Unless otherwise agreed by us in writing, you may not transfer or reassign your account.
D. Availability. We may modify, update, interrupt, suspend or discontinue the Sites and/or Services (in whole or in part) at any time without notice and in our sole discretion. The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from any of the foregoing.
E. Limited License. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, resell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose any content on the Sites or Services without the express written consent of HVAC.com. The license granted by us terminates immediately if you do not comply with these Terms.
F. Suspension. We may, in our sole discretion, suspend your access to the Sites or Services if: (a) we determine that (i) there is a threat to the integrity, accessibility, security or other attack on any of the Sites or Services; (ii) your use of the Sites or Services violates these Terms or otherwise disrupts or poses a security risk; (iii) you use the Sites or Services for fraudulent or illegal activities; or (iv) provision of the Sites or Services to you is prohibited by applicable law. We will use commercially reasonable efforts to provide written notice to you of any suspension. We will use commercially reasonable efforts to resume providing access to the Sites and Services as soon as reasonably possible after you cure the event giving rise to the suspension. We have no liability for any damage, liabilities, losses (including any loss of profits), or any other consequences that you may incur because of a suspension. Our right to suspend your access to the Sites or Services does not limit or restrict our other rights under these Terms.
3. Restrictions On Use.
In connection with your use of the Sites and Services, you represent and warrant that you:
(a) are at least 18 years of age;
(b) will not violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(c) will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;
(d) will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;
(e) will not attempt to gain unauthorized access to the Sites or Services or other computer systems or networks connected to the Sites or Services;
(f) will not use the Sites and Services in any way that could interfere with the rights of HVAC.com or the rights of other users of the Sites or Services;
(g) will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;
(h) have all rights and authority to provide to us any quotes, estimates or other information issued by HVAC Professionals; and
(i) will abide by all applicable laws.
4. Notice and Communication.
You agree that we may communicate with you under these Terms through email, regular mail or by posting any notices on the Site.
5. Intellectual Property Rights.
All content and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software, are the exclusive property of HVAC.com or its licensors and are protected by United States and international intellectual property laws.
6. No Warranty.
THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HVAC.COM ASSUMES AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE OF THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HVAC.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT: (A) THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; (C) ANY CONTENT OR INFORMATION YOU PROVIDE TO HVAC.COM WILL NOT BE DISCLOSED; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.
WITHOUT LIMITING ANY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY FOR, YOUR USE OF EVALUATIONS OR ANY ACTIONS OR OMISSIONS BY ANY HVAC PROFESSIONAL, INCLUDING ANY HVAC PROFESSIONALS RECOMMENDED BY US TO YOU. YOUR USE OF ANY EVALUATION OR HVAC PROFESSIONAL RECOMMENDED BY US TO YOU IS AT YOUR SOLE RISK.
7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HVAC.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You agree to indemnify, defend and hold harmless HVAC.com and its officers, managers, owners, affiliates, any related companies, employees, suppliers, and licensors from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs arising from: (a) any violation of these Terms by you; or (b) any intentional or willful violation of any rights of another or harm you may have caused another. HVAC.com reserves the right, at your expense, to assume the exclusive defense of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
9. Governing Law.
These Terms and the relationship between you and HVAC.com will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.
These Terms are severable. If any provision contained in these Terms is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.
11. Entire Agreement.
These Terms contain the entire agreement between you and HVAC.com regarding the use of the Sites and Services, and supersede any prior agreement, whether written or oral, between you and HVAC.com regarding the subject matter contained in these Terms.