Terms of Service
Last Updated: December 2024
Welcome to Valley Cool Connect. These Terms of Service ("Terms") govern your access to and use of our website and services. By using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Acceptance of Terms
By accessing or using valleycoolconnect.com (the "Website") and our matching services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Valley Cool Connect ("Company," "we," "us," or "our").
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
2. Description of Services
Valley Cool Connect is a lead generation and matching service that connects homeowners in Phoenix, Peoria, and the surrounding West Valley area with licensed HVAC service providers. We are NOT an HVAC company and do NOT directly provide HVAC services, repairs, installations, or maintenance.
Our Services include:
- Connecting homeowners with vetted HVAC professionals in their area
- Facilitating communication between homeowners and service providers
- Providing information about HVAC services and local providers
- Offering educational content about HVAC maintenance and best practices
Important: All HVAC work, estimates, contracts, and transactions occur directly between you and the service provider. We are not a party to any agreement between you and a service provider.
3. User Responsibilities and Conduct
When using our Services, you agree to:
- Provide accurate, current, and complete information when submitting service requests
- Maintain the confidentiality of any account credentials
- Use the Services only for lawful purposes and in accordance with these Terms
- Not misrepresent yourself or your need for HVAC services
- Not use the Services to spam, harass, or send unsolicited communications
- Not attempt to gain unauthorized access to our systems or interfere with the Services
- Not use automated systems or software to extract data from our Website
- Communicate respectfully with service providers and our staff
We reserve the right to suspend or terminate your access to the Services if you violate these Terms or engage in conduct we deem inappropriate or harmful.
4. Service Provider Relationships
We Are Not Service Providers: Valley Cool Connect does not perform HVAC services. We are a matching service that connects you with independent third-party HVAC contractors.
No Employment or Agency Relationship: Service providers in our network are independent contractors, not our employees or agents. We do not control their work, methods, pricing, or business practices.
Your Responsibility: You are responsible for:
- Verifying the credentials, licensing, and insurance of any service provider
- Reviewing and agreeing to the service provider's terms, pricing, and contract
- Ensuring the quality and safety of any work performed
- Resolving disputes directly with the service provider
- Making all payments directly to the service provider
We Recommend: Always obtain multiple quotes, verify licensing and insurance, check references, and review contracts carefully before hiring any service provider.
5. No Warranties or Guarantees
Services Provided "As Is"
Our Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Service Provider Quality
While we make reasonable efforts to vet service providers in our network, we make no warranties, representations, or guarantees regarding:
- The quality, safety, or legality of services provided by third-party contractors
- The accuracy of estimates, timelines, or information provided by service providers
- The credentials, licensing, insurance, or qualifications of service providers
- The availability of service providers to accept or complete your project
- Your satisfaction with the services received
No Guarantee of Results
We do not guarantee that:
- You will be successfully matched with a service provider
- Service providers will contact you or accept your project
- The Services will be uninterrupted, timely, secure, or error-free
- Any information obtained through the Services will be accurate or reliable
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VALLEY COOL CONNECT AND ITS OWNERS, EMPLOYEES, AGENTS, AND AFFILIATES 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:
- Your use of or inability to use the Services
- The conduct or content of any service provider or third party on the Services
- Any work, services, or products provided by service providers you are matched with
- Any property damage, personal injury, or other harm resulting from services performed by third-party contractors
- Any disputes between you and a service provider
- Unauthorized access to or use of our servers or your personal information
- Any bugs, viruses, or other harmful components transmitted through the Services
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US, IF ANY, IN THE SIX MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless Valley Cool Connect and its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Any interactions or disputes with service providers
- Any services performed by third-party contractors you were matched with through our Services
8. Third-Party Links and Content
Our Website may contain links to third-party websites, including websites of matched service providers. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party websites at your own risk and should review their terms and policies.
9. Intellectual Property Rights
All content on the Website, including text, graphics, logos, images, software, and design elements, is the property of Valley Cool Connect or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our content without our prior written permission, except for personal, non-commercial use.
10. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you consent to our collection and use of information as described in our Privacy Policy.
11. Dispute Resolution and Governing Law
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Jurisdiction and Venue
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.
Informal Resolution
Before filing a claim, you agree to contact us at legal@valleycoolconnect.com and attempt to resolve the dispute informally. We will do the same before pursuing legal action.
Arbitration Agreement
If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Maricopa County, Arizona, and judgment on the award may be entered in any court having jurisdiction.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12. Term and Termination
These Terms remain in effect while you use the Services. You may stop using the Services at any time. We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, if we believe you have violated these Terms or for any other reason.
Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Valley Cool Connect regarding the use of our Services and supersede all prior agreements and understandings, whether written or oral.
15. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
16. Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will post the updated Terms on this page and update the "Last Updated" date. Your continued use of the Services after changes have been posted constitutes your acceptance of the new Terms.
17. Contact Information
If you have questions, concerns, or feedback regarding these Terms, please contact us:
Valley Cool Connect
Phone: (928) 538-9508
Email: legal@valleycoolconnect.com
Address: Phoenix, AZ
18. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.