Terms of service

TERMS AND CONDITIONS OF USE

Effective Date: May 15, 2025

Welcome to https://thehvacspot.com (the “Website”), operated by The HVAC Spot (“we,” “us,” or “our”). By using the Website, you are agreeing to comply with and be bound by the terms of use, you agree to these Terms and Conditions of Use (these “Terms”). If you do not agree to these Terms, you must not use the Website or purchase any products from us.

Our acceptance of any order is expressly conditioned upon your acceptance of these Terms, which may be evidenced by your purchase of any product through the Website.

In the event of any conflict between these Terms and the provisions contained in any purchase-related documentation you receive from us, these Terms shall control. Any additional, inconsistent, or conflicting terms contained in any communication or document submitted by you are hereby expressly rejected and shall have no force or effect unless specifically agreed to in a separate written agreement signed by an authorized representative of The HVAC Spot.

These Terms supersede and replace all prior or contemporaneous oral or written communications, representations, or agreements relating to your use of the Website and purchase of products.

We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website or purchase of products after any changes have been made constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

Use of the Website

You may only use the Website for lawful purposes. By accessing or using the Website, you agree not to use it for any purpose that violates applicable laws or regulations or interferes with its operation. We reserve the right to suspend or restrict your access without notice if we believe you are violating these Terms or misusing the Website.

Product Information

We provide product listings, descriptions, specifications, images, and related content on the Website for informational purposes only.  This information is provided to us by the manufacturers or suppliers of the products. While we make reasonable efforts to display accurate and up-to-date information, we do not warrant or guarantee the accuracy, completeness, reliability, or currency of any content on the Website.

General product guidance, including recommendations on sizing or selection, is provided on the Website is also for informational purposes only. Decisions regarding design, selection, sizing, and compatibility of products must be made by you in consultation with a qualified HVAC professional. We are not responsible for any loss or damage resulting from your reliance on information or suggestions we provide, whether orally, in writing, or through the Website.

Product details, features, prices, and availability are subject to change without notice. We may correct errors and cancel or refuse orders, even if your order was confirmed or charged.

Product Installation

All products must be installed in accordance with the manufacturer’s installation instructions, safety standards, and all local, state, and federal building, mechanical, and electrical codes. Failure to follow proper installation guidelines may result in injury, property damage, voided warranties, and non-compliance with legal requirements.

You are responsible for selecting and hiring a properly qualified contractor to install your product. We are not liable for any injury, property damage, delays, costs, or losses from your use and section of a contractor.

Additionally, federal law prohibits the handling of refrigerant by anyone who is not EPA Section 608 certified. By purchasing a product from us, you acknowledge that all refrigerant-containing systems must be handled by properly licensed professionals and accept full and unconditional responsibility for compliance with all applicable laws and regulations related to installation and maintenance of the product.

Product Warranty

The HVAC Spot is an online retailer of HVAC equipment and components manufactured by third-party suppliers. We do not design, manufacture, or test any of the products offered or sold on the Website, and thus we do not make any representations or warranties regarding their engineering, performance, compliance with local code requirements, or otherwise.

Orders and Payment

When placing an order, you agree that all information provided is accurate and that you are authorized to use the payment method provided. Payments are processed by secure third-party providers. We may refuse or cancel any order suspected of fraud or improper activity.

Intellectual Property

All content, features, and functionality on the Website, including but not limited to descriptions, images, graphics, logos, icons, videos, audio clips, and other content is the exclusive property of The HVAC Spot, its licensors, or content suppliers, and protected by intellectual property laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Website in any way or reproduce or publicly display, perform, distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

The HVAC Spot™, its logo, and all related marks are trademarks or service marks are owned by or licensed to us. You may not use any of our marks without our prior written permission. All other trademarks, product names, and company names mentioned on the Website are the property of their respective owners and used for identification purposes only.

Disclaimer of Warranties

The Website and its contents are provided “as is” and “as available,” without warranties of any kind. We make no guarantees regarding accuracy, reliability, or uninterrupted access.

Some jurisdictions may not allow exclusions of implied warranties, so certain limitations may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE IN CONTRACT, WARRANTY, TORT OR UNDER ANY OTHER LEGAL THEORY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR YOUR RELIANCE ON THE CONTENT IN THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without exception, our total liability to you will not exceed the amount you paid for the applicable product.

Indemnification

You agree to indemnify, defend, and hold harmless The HVAC Spot, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your purchase or use of any products, your violation of these Terms, or your infringement of any rights of another party.

Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Third-Party Links

The Website may contain hyperlinks or references to third-party websites or applications that are not owned or operated by us. The inclusion of any such links does not imply endorsement, sponsorship, or affiliation with the linked site or application, its operators, or owners. We make no representations and assume no responsibility for the content, accuracy, policies, or practices of any third-party websites.

Governing Law

The United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods shall not govern or apply to these Terms. Rather, these Terms shall be governed by the laws of the State of Illinois, U.S., excluding its conflict of law rules. Notwithstanding, any legal action by you regarding these Terms and or transaction between you and us, must be commenced within one (1) year after the cause of action has arisen. TO THE FULLEST EXTENT PERMITTED BY LAW, WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY SUCH ACTION.