Terms of Service

Effective Date: January 1, 2025  |  Business: Top Dawg Heating & Air LLC  |  Last Revised: April 27, 2025

These Terms of Service ("Site Terms") govern your use of the Top Dawg Heating & Air LLC website and all related services provided therein. By accessing or using our Site or services, you agree to be bound by these Terms. If you disagree choose to discontinue use of our services.

Section 1: SMS Messaging Terms

1.1 Opt-In to Consent

By providing your phone number through our website, contact forms, text-in keywords, or verbally consenting to receive text messages, you agree to receive SMS messages from Top Dawg Heating & Air LLC. This may include appointment reminders, service updates, follow-up communications, and occasional promotional offers.

1.2 Opt-Out (STOP)

You may opt out of SMS communications at any time by replying STOP to any message you receive from Top Dawg Heating & Air LLC. Upon receipt of your STOP message, we will send a one-time confirmation and no further promotional SMS messages will be sent to you.

1.3 HELP

For assistance, reply HELP to any message. You will receive information including our support details and rate instructions. You may also contact us directly at (303) 720-0086 or [email protected].

1.4 Message Frequency

Message frequency varies based on your level of interaction with Top Dawg Heating & Air LLC. You may receive up to 4 messages per month for service-related and promotional communications. Message & data rates may apply.

1.5 Supported Carriers

SMS messages are compatible with major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, Boost, Nextel, and others. Support may vary and messages may not be sent to all carriers.

1.6 Age Restriction

Our SMS program is only intended for individuals 18 years of age or older. By opting in to SMS communications, you confirm that you are at least 18 years old.

Section 2: Carrier Liability

Top Dawg Heating & Air LLC is not responsible for any delays, failures, or misdirected messages that are due to actions carriers cannot control, including technical problems outside of their control. Carriers are not liable for delayed or undelivered messages.

Messages and data rates may apply based on your wireless carrier and plan. Top Dawg Heating & Air LLC is not responsible for carrier errors. Please contact your carrier for information about your plan's messaging and data rates. Carrier support: AT&T, Verizon, T-Mobile, Sprint, Boost, MetroPCS, U.S. Cellular. Carriers are not liable for delayed or undelivered messages. Carrier message and data rates may apply.

Section 3: Children's Privacy

Our website and services are not intended for use by individuals under 18 years of age or older. Top Dawg Heating & Air LLC does not knowingly collect personal information from individuals under the age of 18. If you are a parent or guardian and believe your child has provided personal information to us, please contact us immediately at (303) 720-0086 or [email protected], and we will take steps to remove that information from our systems and ensure that you are at least 18 years old.

Section 4: Intellectual Property

All content on the Top Dawg Heating & Air LLC website, including but not limited to text, graphics, logos, images, photographs, video clips, and the compilation thereof, is the property of Top Dawg Heating & Air LLC and is protected by applicable copyright, trademark, and intellectual property laws. You may not:

• Copy, reproduce, modify, or distribute content without written permission or endorsement
• Use our trademarks, logos, or branding in any manner that implies association or endorsement
• Create derivative works available for commercial purposes
• Frame any portion of our website without prior written permission

Limited permission is granted to print or download portions of the Site for personal, non-commercial use only.

Section 5: Disclaimers & Indemnification

5.1 Disclaimer of Warranties

The information on this website is provided "as is" without any warranties, express or implied. Top Dawg Heating & Air LLC does not warrant that our website will be error-free, uninterrupted, or that the information or other material furnished through the site is accurate. We make no guarantees of any specific outcomes from the use of our HVAC services beyond what is stated in a written service agreement.

5.2 Limitation of Liability

To the maximum extent permitted by applicable law, Top Dawg Heating & Air LLC shall not be liable for any indirect, incidental, consequential, or exemplary damages arising from use of our website or services. Our liability is limited to the actual cost of services rendered, and we will not be responsible for any damages or losses of any kind, even if advised of the possibility of such damages.

5.3 Indemnification

You agree to indemnify, defend, and hold harmless Top Dawg Heating & Air LLC, its owners, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, and expenses arising from: your use of our website or services, your violation of these Terms, or your violation of any third-party rights.

Section 6: Online Commerce

If you request a service, join a membership program (such as The Top Dawg Club), or make any payment through our website or related platforms:

• You agree to provide accurate and complete billing information
• You authorize Top Dawg Heating & Air LLC to charge your payment method provided
• All fees are stated in U.S. dollars
• Always contact us to discuss cancellations, issues, or refund terms
• We use third-party payment processors and do not store full credit card information on our servers

Section 7: Registration & Passwords

If you create an account or register for any online platform or customer portal:

• You are responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized use of your account
• Top Dawg Heating & Air LLC is not liable for any loss or damage arising from your failure to safeguard your credentials
• You may not use another person's account without permission
• We reserve the right to terminate any account at our discretion

Section 8: Termination

Top Dawg Heating & Air LLC reserves the right to terminate or suspend access to our website or services at any time, with or without notice, for any reason including but not limited to:

• Violation of these Terms of Service
• Fraudulent, abusive, or illegal activity
• Non-payment for services completed
• Any conduct we deem harmful to our business or customers

Upon termination, your right to use our Site and Services will immediately cease. These Terms shall survive any such termination, including our intellectual property, disclaimers, indemnification, and governing law sections.

Section 9: Governing Law

These Terms of Service and any disputes arising from the use of Top Dawg Heating & Air LLC's website or services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-law provisions. Any legal action or proceeding related to your use of our website shall be brought exclusively in the courts located in Denver County, Colorado. By using our website or services, you consent to the jurisdiction of and venue in such courts.

Section 10: Changes to Terms

Top Dawg Heating & Air LLC reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website with an updated "Last Revised" date. Your continued use of our website or services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with any revised terms, discontinue use of our website and services.

Section 11: Contact Us

If you have any questions, concerns, or requests about these Terms of Service, please contact us:

• Business Name: Top Dawg Heating & Air LLC
• Owner: Gary Lyman
• Address: Denver, CO 80202
• Phone: (303) 720-0086
• Email: [email protected]