Terms of Use

Welcome to goatcoolingheating.com (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Goat Cooling & Heating (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

1. Acceptance of this Agreement

Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2. Access to the Services

Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Submitting Information. You may be required to submit certain information about yourself to access the Services or certain features of the Services, such as requesting a quote or scheduling a service appointment. You promise to provide us with accurate, complete, and updated information about yourself. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

3. Policy for Using the Services

Prohibited Uses. You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.

Prohibited Activities. You further agree not to engage in any of the following prohibited activities in connection with using the Services: violating any applicable laws or regulations; sending unsolicited or unauthorized advertising, promotional materials, spam, or junk mail; impersonating others or misrepresenting your affiliation with a person or entity; exploiting or harming minors in any way; uploading material that does not comply with the Content Standards; harassing or interfering with anyone's use of the Services; using any device, software, or routine that interferes with the proper working of the Services; copying, monitoring, distributing, or disclosing any part of the Services by automated or manual processes; uploading viruses, Trojan horses, worms, or other damaging software; violating the security of the Services; reverse engineering, decompiling, or attempting to obtain the source code of the Services; collecting, harvesting, or assembling data about other users without their consent; otherwise attempting to interfere with the proper working of the Services; or attempting or assisting others in attempting any of the foregoing.

Geographic Restrictions. The Company is based in the United States and primarily serves customers within its stated service area. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.

4. Service Requests and Pricing

Quote Requests. When you submit a quote request or appointment request through the Website, you are not entering into a binding contract for services. A binding agreement is formed only when both parties confirm scope of work, pricing, and scheduling separately.

Pricing. Final pricing for services is provided in writing prior to work being performed. Estimates provided on the Website or via initial communication are non-binding until confirmed in a written quote.

Payment. Payment terms are set out in your individual service agreement or invoice. The Website does not collect or process payment card information directly; payments are processed through third-party providers.

5. Intellectual Property Rights

Ownership of Intellectual Property. You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

License to Use the Services. During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to view and use the Content for personal, non-commercial use in accordance with this Agreement. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: you shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content; you shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content; you shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services; you shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content; you shall not access or use the Content in order to build a similar or competitive website, product, or service; and you shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

Trademark Notice. All trademarks, logos, and service marks displayed on the Services are either the Company's property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

6. User Content

User-Submitted Content. Where the Services allow you to post, upload, submit, or transmit content or materials (collectively, "User Content"), you are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary.

License. You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company's business. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. These licenses are subject to our Privacy Policy to the extent they relate to any User Content that contains any personally identifiable information.

Content Standards. You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that: violates any applicable laws or regulations, or any contractual or fiduciary obligations; promotes any illegal activity or creates any risk of harm, loss, or damage to any person or property; infringes any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights; contains defamatory, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, or offensive material; promotes sexually explicit or pornographic material, violence, or discrimination; contains fraudulent information or impersonation; or represents or implies endorsement by the Company if that is not the case.

Monitoring and Enforcement. We reserve the right at all times, but are not obligated, to: take any action with respect to any User Content that we deem necessary or appropriate; remove or reject any User Content for any or no reason; disclose any User Content, your identity, or electronic communication to satisfy any law, regulation, or government request; and terminate or suspend your access to all or part of the Services for any or no reason.

Copyright Infringement (DMCA Policy). The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company's policy to terminate users of our Services who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the required information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:

Feedback. If you provide the Company with any feedback or suggestions regarding the Services, you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide as non-confidential and non-proprietary.

7. Assumption of Risk

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user.

8. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

9. Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement.

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability.

10. No Warranty

The Services are provided on an "as-is" and "as available" basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

Without limiting the foregoing, the Company and its licensors do not warrant that the Content is accurate, reliable, complete, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted, error-free, or secure; that any defects or errors will be corrected; that the Services are free of viruses or other harmful components; or that the Services or items obtained through the Services will otherwise meet your requirements or expectations.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to ninety (90) days from the date of first use.

11. Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall the Company or its affiliates, or their respective licensors, service providers, employees, agents, officers, or directors be liable to you or any third party for any damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Services, any third-party link, or any content on the Services or such third-party link, including, without limitation, any loss of use, revenue, or profit, loss of business or anticipated savings, loss of data, loss of goodwill, or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the Company has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Services is to stop using the Services.

Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to your breach of this Agreement or your use or misuse of the Services, including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

13. Disputes

Governing Law. All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any conflict of law principles.

Dispute Resolution. Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Arizona, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

At the Company's sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in the State of Arizona. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. All arbitrations shall proceed on an individual basis.

You understand and agree that by entering into these terms, you are waiving the right to trial by jury or to participate in a class action.

Limitation to Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

14. Miscellaneous

Waiver. Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

Entire Agreement. This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein.

No Agency, Partnership, or Joint Venture. No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement.

Assignment. You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.

Export Laws. The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and regulations and not to transfer, by electronic transmission or otherwise, any materials from the Services in violation of such laws or regulations.

15. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 6 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to goatcoolingheating@gmail.com.

16. SMS Messaging Terms & Compliance

Program Description. Our messaging program sends appointment confirmations, service updates, and (where you have opted in) special offers and promotional messages to customers who have opted in with Goat Cooling & Heating through goatcoolingheating.com, our quote forms, or other written request. Opt-in is collected via web forms with a dedicated checkbox for SMS consent or via written request.

Cancellation Instructions. You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

Support Information. If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to goatcoolingheating@gmail.com or call (480) 971-1877 during business hours.

Carrier Liability. Carriers are not liable for delayed or undelivered messages.

Message & Data Rates. Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.

Supported Carriers. Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, and most regional carriers.

Age Restriction. You must be 18 years or older to participate in our SMS program.

Privacy Policy. For privacy-related inquiries, please refer to our Privacy Policy.

We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.