Terms of Use
Last updated: September 19, 2025
These Terms of Use (these “Terms”) apply to any of our websites that refer or link to these Terms, including hvac-america.com (each, a “Site” and collectively, the “Sites”), as well as any products or services that we make available on any Site or that otherwise refer or link to these Terms (collectively, the “Services”). By accessing and/or using the Sites and Services, you agree to be bound by the terms and conditions of these Terms. As used herein, the terms “HVAC USA,” “CallTonic,” “we,” “us,” and “our” refer to CallTonic LLC d/b/a HVAC USA.
We may add to, modify, or otherwise update these Terms from time to time in our sole discretion by notifying you that a new version of these Terms has been posted to the Site. You should review these Terms for any additions, modifications, or updates each time that you access any of the Sites or use any of the Services. Your use of the Sites or Services following any additions, modifications, or updates to these Terms constitutes your acceptance of such changes.
1. Privacy Policy
We have established a Privacy Policy to explain to you how your information is collected and used by us. Please review the Privacy Policy to understand our practices. The Privacy Policy is incorporated into these Terms by this reference.
2. Using the Sites and Services
A. Description. When you submit certain required information to us using the Sites and Services, we may provide an evaluation of a quote or estimate from an HVAC dealer, HVAC provider, or other vendor that provides HVAC services (including repair and installation) (a “HVAC Professional”) (an “Evaluation”). At our option, we may also provide functionality to schedule an appointment with a HVAC Professional through the Sites and Services. Please note that we may receive compensation from any HVAC Professional with which you schedule an appointment and/or receive services.
B. Eligibility. To use the Sites and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms.
C. Accounts. Use of the Sites and Services may require that you register for an account with us. You are solely responsible and liable for all uses of the Sites and Services using your account. We may use security measures, including user identification and authentication, to prevent unauthorized access to the Sites and Services. We are not responsible for any unauthorized access or use of the Sites and Services. You are responsible for keeping your account credentials confidential and will promptly notify us of any unauthorized use.
D. Availability. We may modify, update, interrupt, suspend, or discontinue the Sites and/or Services (in whole or in part) at any time without notice and in our sole discretion.
E. Limited License. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites and Services. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of the Sites or Services without our prior written consent.
F. Suspension. We may suspend your access to the Sites or Services if we determine that your use violates these Terms, poses a security or legal risk, involves fraudulent or illegal activity, or otherwise disrupts the Services.
3. Restrictions on Use
In connection with your use of the Sites and Services, you represent and warrant that you:
(a) are at least 18 years of age;
(b) will not violate any third party’s rights (including intellectual property, privacy, or publicity rights);
(c) will not copy, reproduce, or create derivative works from the Sites or Services without permission;
(d) will not scrape, index, or extract data using bots or automated tools;
(e) will not attempt to gain unauthorized access to the Sites or Services;
(f) will not interfere with the rights of HVAC USA or other users;
(g) will not disable or circumvent security features;
(h) have the right to provide us with any quotes, estimates, or information submitted; and
(i) will comply with all applicable laws.
4. Notice and Communication
You agree that we may communicate with you under these Terms via email, regular mail, or by posting notices on the Site.
5. Intellectual Property Rights
All content and materials on the Sites and Services, including but not limited to text, graphics, logos, icons, images, audio clips, downloads, and software, are the exclusive property of CallTonic LLC d/b/a HVAC USA or its licensors and are protected by U.S. and international intellectual property laws.
6. No Warranty
THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CALLTONIC LLC D/B/A HVAC USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY FOR, YOUR USE OF ANY EVALUATION OR YOUR DEALINGS WITH ANY HVAC PROFESSIONAL.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALLTONIC LLC D/B/A HVAC USA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR SERVICES.
8. Indemnification
You agree to indemnify, defend, and hold harmless CallTonic LLC d/b/a HVAC USA, its officers, owners, employees, affiliates, and licensors from and against all losses, liabilities, claims, damages, and expenses (including attorneys’ fees) arising from your violation of these Terms or misuse of the Sites or Services.
9. Governing Law
These Terms and the relationship between you and CallTonic LLC d/b/a HVAC USA shall be governed by the laws of the State of Utah, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, and waive any objection to venue or inconvenient forum.
10. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect, with the invalid provision modified to the extent necessary to be enforceable.
11. Entire Agreement
These Terms constitute the entire agreement between you and CallTonic LLC d/b/a HVAC USA regarding your use of the Sites and Services, and supersede any prior agreements, written or oral, relating to the same subject matter.