Terms and Conditions

I. DISCLOSURES

A. Who We Are

encinitasacrepair.com is the official website for Encinitas AC Repair, a professional HVAC service company. We provide heating, ventilation, and air conditioning installation, repair, and maintenance services directly to homeowners and businesses. We do not act as general contractors for non-HVAC related projects, nor do we act as insurance brokers.

encinitasacrepair.com operates this site to assist property owners in Encinitas and surrounding areas who are looking for reliable HVAC services. All service quotes and agreements are made by Encinitas AC Repair or our authorized partners. We do not warrant or guarantee that a repair or installation will be completed until a formal, written estimate or service agreement is approved by all parties.

II. TERMS OF USE

Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this website. The terms "encinitasacrepair.com", "us", "we", or "our" refer to Encinitas AC Repair. The following terms and conditions form a binding agreement between you and Encinitas AC Repair. This Agreement contains terms altering your rights. Section G limits the sources and amounts of liability you may seek to impose on Encinitas AC Repair. Section K contains an agreement to be governed by the laws of CA. Section L contains an agreement to arbitrate all claims, under which you and Encinitas AC Repair agree to waive the right to trial by jury and you waive the right to participate in any class action against Encinitas AC Repair.

A. Acceptance of Terms

By accessing, using, obtaining or submitting any content, data, materials, information, products or services through encinitasacrepair.com (the "Website"), you agree to be bound by these terms and conditions. If you do not accept all of these terms, then you may not use the Website. The Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Encinitas AC Repair and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

B. Content

encinitasacrepair.com provides the content appearing on the Website solely for your convenience and informational purposes. The Website content is not intended as a substitute for professional, on-site mechanical, electrical, or HVAC advice. It should not be construed as the provision of definitive diagnostic advice without an in-person inspection. Encinitas AC Repair is not responsible for the accuracy or reliability of any Website content, or for expenses, losses, or damages incurred by relying upon the information presented here. By accessing this Website, you assume the risk that the information may be incomplete or may not apply to your specific equipment.

C. Service Requests, Estimates, and Transactions

When you provide information to encinitasacrepair.com via a form or phone call, you are requesting a service appointment or evaluation of your HVAC system. Submitting your information does not obligate Encinitas AC Repair to perform work. Dispatching a technician to your location generally incurs a standard diagnostic or service call fee, which is non-refundable once the technician arrives. Any preliminary estimates provided verbally or electronically prior to an on-site inspection are not binding. A binding agreement only exists once a formal, written estimate is approved by you. You agree that Encinitas AC Repair bears no responsibility for any costs you may incur during the evaluation process unless explicitly stated in a signed contract.

D. Accuracy of Information on the Website

encinitasacrepair.com aims to provide users with accurate information regarding our HVAC services. You acknowledge that information on the Website, whether contained in articles, troubleshooting guides, or reviews, may not be complete or applicable to your specific situation or HVAC model. Testimonials and reviews are based on individual experiences and are not a guarantee of the exact results for your service call.

E. Prohibited Activity

Violation of any of the following may result in immediate termination of your access to the Website:

• You agree not to use the Website for illegal, unauthorized, harmful, misleading, fraudulent or other malicious purposes.
• You agree not to engage in any means of generating inauthentic reviews or ratings.
• You agree not to engage in excessive usage of the Website that adversely affects the speed, responsiveness or functionality of the Website.
• You agree not to take any action that imposes an unreasonable load on the Website infrastructure.
• You agree not to attempt to damage, hack, reverse engineer or otherwise interfere with the Website in any manner.
• You agree not to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law.
• You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
• You agree not to use any robot, spider, website search application or other manual or automatic device to retrieve, index, scrape, or data mine the Website content without the express prior written consent of Encinitas AC Repair.

F. Disclaimer of Warranties

The Website is provided "AS IS" and "AS AVAILABLE" and you assume any and all liability for using the Website and its services. Encinitas AC Repair expressly disclaims all warranties of any kind, whether express or implied. We make no warranty that the website will meet your requirements or will be available on an uninterrupted, secure, or error free basis. We do not guarantee that the results obtained from the use of the website will be accurate or that your HVAC equipment can ultimately be repaired.

G. Limitation of Liability

Encinitas AC Repair will not be responsible or liable, in contract, tort, or any other form of action, for any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind arising from or connected with your access to the website, or any failure or delay in our repair of your HVAC system. Encinitas AC Repair is not liable for incidental damages resulting from HVAC system failure, such as water damage from leaks or frozen pipes, nor for minor cosmetic damage to property occurring in the normal course of servicing heavy equipment. You agree that the maximum liability of Encinitas AC Repair and your sole remedy for all claims shall be limited, in the aggregate, to the total cost of the service provided or $150.00, whichever is greater. You agree that any claim or cause of action must be filed within one calendar year after such claim arises, or forever be barred.

H. Indemnification

You agree to indemnify, defend, and hold harmless Encinitas AC Repair, its officers, directors, employees, affiliates, successors, and assigns from and against any claim, demand, loss, damage, cost, or liability arising out of or relating to your use of the Website, your breach of these Terms, or your failure to provide a safe and accessible environment for our technicians.

I. Intellectual Property

The Website and its entire contents, features, and functionality are owned by Encinitas AC Repair, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property laws. These Terms of Use permit you to use the Website for your personal, non commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser.
• You may print or download one copy of a reasonable number of pages for your own personal, non commercial use.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, or download any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately. No right, title, or interest in or to the Website or any content is transferred to you, and all rights not expressly granted are reserved by Encinitas AC Repair.

Copyright Agent

Encinitas AC Repair

Email: info@encinitasacrepair.com

J. Privacy

Your use of the Website, and any information you provide to Encinitas AC Repair while using the Website, is subject to our Privacy Policy. By using the Website, you consent to the use of your information as outlined in our Privacy Policy.

K. Governing Law

This Agreement shall be governed by the laws of the State of CA without giving effect to any principles that may provide the application of the law of another jurisdiction.

L. Arbitration

Any controversy or claim between you and Encinitas AC Repair arising out of or relating to this Agreement or your use of the Website shall be settled by binding arbitration before a single arbitrator in accordance with the JAMS Consumer Arbitration Rules. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the state of CA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Both you and Encinitas AC Repair each agree not to pursue arbitration on a consolidated, mass, representative, or class basis.

M. Miscellaneous

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party. You may not assign, delegate or transfer your rights or obligations under these Terms. Encinitas AC Repair may assign our rights and duties under these Terms without notice to you. We may modify these Terms at any time by posting notice thereof on the Website. Your continued use of the Website following the posting of modifications will constitute your agreement to such Terms. If a court finds any term of this Agreement to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and all other Terms will remain valid and enforceable.

N. International Users

Our Services are controlled, operated and administered by Encinitas AC Repair from our offices within the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. You will not use our Services in a manner prohibited by any applicable laws or regulations.

O. Changes to the Website

Encinitas AC Repair may update the content on encinitasacrepair.com from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.