Terms & Conditions

Important terms governing our services and your rights

Last updated: January 15, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Alabama, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Myers Comfort Specialists LLC, 3070 Wetumpka Hwy, Montgomery, AL 36110.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website and any related services provided by the Company.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Myers Comfort Specialists, accessible from https://www.myerscomfort.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Rights and Responsibilities

User Account

When You create an account with us, You must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under Your account.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Prohibited Uses

You may not use our Service:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service

Intellectual Property Rights

The Service and its original content, features and functionality are and will remain the exclusive property of Myers Comfort Specialists LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Service Availability

We reserve the right to withdraw or amend our Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Services and Pricing

All prices for our HVAC services are subject to change without notice. We reserve the right to modify or discontinue any service at any time without liability to You or any third party.

Service appointments are subject to availability and confirmation. Emergency services may be subject to additional charges as outlined in our service agreements.

Payment Terms

Payment for services is due upon completion unless other arrangements have been made in writing. We accept various forms of payment including cash, check, and credit cards.

For financed services, separate financing terms and conditions apply as provided by our financing partners.

Warranty and Service Guarantee

We provide warranties on our services and installed equipment as specified in individual service agreements. Warranty terms vary depending on the type of service or equipment installed.

Our service guarantee is subject to the terms outlined in individual service contracts and does not cover damage due to misuse, neglect, or normal wear and tear.

Limitation of Liability

In no event shall Myers Comfort Specialists LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount paid by you to us for the Service in the twelve (12) months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Myers Comfort Specialists LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

Termination

We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If You wish to terminate Your account, You may simply discontinue using the Service.

Governing Law

These Terms shall be interpreted and governed by the laws of the State of Alabama, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Jefferson County, Alabama.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after any revisions become effective, You agree to be bound by the revised terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Contact Information

If you have any questions about these Terms and Conditions, You can contact us: