Dwyer Mechanical’s Terms of Use Policy

1. Purpose of the Website

The Website provides general information about Dwyer Mechanical and its residential, commercial, and multifamily HVAC services and allows visitors to submit inquiries to Dwyer Mechanical.

The Website is not an online scheduling, purchasing, contracting, or payment platform.

Submitting an inquiry through the Website does not:

A binding agreement for HVAC services exists only when Dwyer Mechanical and the applicable customer enter into an appropriate proposal, service agreement, maintenance agreement, work authorization, or other applicable agreement.

2. Service Area and Availability

Dwyer Mechanical offers HVAC services only within its designated service areas in California.

The fact that the Website can be accessed from another location does not mean Dwyer Mechanical offers or agrees to provide services in that location.

All services are subject to availability and Dwyer Mechanical’s evaluation and acceptance of the requested work.

Dwyer Mechanical reserves the right to decline any inquiry, project, or service request, including because of location, scheduling, scope of work, equipment, site conditions, safety concerns, permitting or regulatory requirements, parts or equipment availability, or other legitimate business considerations.

Descriptions of services on the Website are general and do not guarantee that Dwyer Mechanical can or will perform a particular service in every situation.

3. No Online Quotes, Estimates, or Appointments

Information submitted through the Website will not, by itself, result in a binding quote or estimate.

Dwyer Mechanical may need to communicate with the customer, inspect the property or equipment, obtain additional information, evaluate site conditions, determine equipment requirements, or perform other due diligence before providing a proposal or agreeing to perform work.

No appointment is scheduled or confirmed merely because a visitor submits a Website form.

Visitors should not assume that an inquiry has been received, reviewed, accepted, or scheduled unless Dwyer Mechanical provides confirmation.

4. No Emergency Service Through the Website

The Website and its contact forms are not emergency communication systems and should not be relied upon for emergencies or situations requiring immediate assistance.

Dwyer Mechanical does not represent through the Website that Website inquiries are continuously monitored or that Dwyer Mechanical provides 24-hour emergency response.

If you believe a condition presents an immediate threat to life, health, safety, or property, contact the appropriate emergency service, utility provider, or other qualified emergency resource.

Do not rely on a Website submission for conditions involving suspected gas leaks, carbon monoxide, fire, electrical hazards, or other potentially dangerous conditions.

5. HVAC Information and Educational Content

The Website may contain HVAC information, troubleshooting information, maintenance suggestions, educational materials, frequently asked questions, articles, recommendations, or similar content.

This information is provided for general informational purposes only.

Website content is not a diagnosis of your HVAC equipment or property and is not a substitute for an inspection, diagnosis, recommendation, or service performed by a qualified professional who has evaluated the specific system and conditions involved.

HVAC systems may involve electricity, natural gas, refrigerants, combustion, carbon monoxide, moving equipment, pressurized components, extreme temperatures, and other potentially hazardous conditions.

Do not undertake work that you are not qualified or legally authorized to perform based solely on information contained on the Website.

6. Equipment Performance, Efficiency, and Savings

Any information concerning equipment efficiency, energy consumption, operating costs, expected performance, potential savings, comfort improvements, or similar results is general information unless expressly stated otherwise in a separate written agreement.

Actual results vary based on numerous factors, including property characteristics, equipment selection and condition, installation, climate, weather, maintenance, utility rates, occupancy, usage patterns, ductwork, insulation, building envelope, system design, and other circumstances.

Dwyer Mechanical does not guarantee energy savings, utility-cost reductions, equipment performance, efficiency improvements, or other particular results based solely on information appearing on the Website.

7. Equipment, Parts, Specifications, and Availability

References to HVAC equipment, manufacturers, products, parts, materials, features, specifications, ratings, dimensions, compatibility, lead times, or availability are provided for general informational purposes.

Equipment, parts, and materials may be modified, discontinued, unavailable, backordered, delayed, or otherwise affected by manufacturer or supplier decisions and circumstances outside Dwyer Mechanical’s control.

Manufacturer specifications and other third-party information may change without notice.

Project-specific equipment selections, specifications, compatibility, availability, pricing, and requirements should be confirmed as part of the applicable proposal or service process.

Website content does not guarantee the availability, price, lead time, suitability, or compatibility of any particular equipment, product, part, or material.

8. Rebates, Tax Credits, Incentives, and Regulatory Information

The Website may contain general information concerning rebates, tax credits, utility incentives, energy-efficiency programs, permitting requirements, building codes, or other governmental or third-party programs.

Programs, requirements, eligibility criteria, funding, laws, regulations, and incentives may change.

Unless expressly stated in a separate written agreement, Dwyer Mechanical does not guarantee that any customer, property, equipment, or project will qualify for a particular rebate, credit, deduction, incentive, financing program, permit, or other benefit.

Customers are responsible for confirming eligibility and obtaining appropriate tax, legal, financial, or regulatory advice when necessary.

9. Financing

The Website may state that financing is available and may provide a link to an independent third-party financing provider.

Dwyer Mechanical is not the financing provider and does not guarantee financing approval, credit decisions, rates, payment amounts, terms, eligibility, availability, or other financing conditions.

Any financing arrangement is subject to the terms, conditions, privacy practices, underwriting criteria, and decisions of the applicable third-party provider.

10. Communications Following an Inquiry

If you provide a telephone number or email address through the Website, you authorize Dwyer Mechanical to use that information to respond to your inquiry and communicate with you concerning requested services, scheduling, proposals, existing work, or other service-related matters.

Submitting an inquiry through the Website does not constitute consent to receive unrelated promotional or marketing communications where separate consent is required by applicable law.

11. Accuracy and Authority of Information You Submit

You agree to provide accurate, current, complete, and non-misleading information when using the Website.

You may not impersonate another person, submit fraudulent information, knowingly provide false information, or submit a service request concerning a property or project when you have no authority to do so.

By submitting an inquiry regarding a property, you represent that you are authorized to make the inquiry or otherwise have a legitimate basis for requesting information or services concerning that property.

Dwyer Mechanical may rely on information you provide when evaluating an inquiry.

12. Privacy

Your use of the Website and information you submit through it are also subject to Dwyer Mechanical’s Privacy Policy, which describes Dwyer Mechanical’s collection, use, disclosure, and handling of personal information.

The Website may use technologies and third-party services such as website analytics, security tools, spam-prevention technologies, cookies, and Google reCAPTCHA.

Please review the Privacy Policy for more information regarding Dwyer Mechanical’s privacy practices and the technologies used through the Website.

13. Electronic Acknowledgment

Where the Website provides a checkbox or other electronic mechanism for acknowledging these Terms and the Privacy Policy, checking the applicable box and submitting the form constitutes your electronic acknowledgment of these Terms to the extent permitted by applicable law and acknowledges that the Privacy Policy has been made available to you.

Electronic acknowledgment does not, by itself, create an HVAC service agreement, authorize work, establish a price, or confirm an appointment.

14. Website Security and Internet Communications

Dwyer Mechanical may use reasonable administrative, technical, or security measures intended to protect the Website and information transmitted through it. However, no website, internet transmission, email system, or electronic storage method can be guaranteed to be completely secure.

You transmit information electronically subject to the inherent risks associated with internet communications and subject to rights and protections that cannot lawfully be waived.

Dwyer Mechanical does not guarantee that information submitted through the Website will always be successfully transmitted or received.

Website forms, emails, or other communications may be affected by internet outages, hosting failures, spam filtering, software errors, incorrect information, security systems, or other technical conditions.

Do not assume an appointment, service request, or other arrangement has been accepted or confirmed until Dwyer Mechanical provides confirmation.

15. Monitoring and Website Protection

Subject to applicable law and the Privacy Policy, Dwyer Mechanical may use logs, analytics, security systems, spam-prevention tools, and similar technologies to operate the Website, diagnose technical problems, prevent fraud or abuse, protect Website security, and enforce these Terms.

Nothing in this section represents that Dwyer Mechanical continuously monitors individual visitors or all Website activity.

16. Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms.

You may not:

Dwyer Mechanical may restrict, suspend, or block access to the Website when it reasonably believes these Terms have been violated or Website security, integrity, or lawful operation is threatened.

17. Intellectual Property

The Website and its original content, branding, graphics, design elements, logos, photographs owned by Dwyer Mechanical, written materials, videos, and other proprietary materials are owned by or licensed to Dwyer Mechanical and may be protected by copyright, trademark, and other intellectual-property laws.

You may view and use the Website for ordinary personal or legitimate business purposes associated with evaluating or requesting Dwyer Mechanical’s services.

Except as permitted by applicable law, you may not copy, reproduce, republish, distribute, sell, modify, commercially exploit, or create unauthorized derivative uses of Dwyer Mechanical’s proprietary Website content without prior written permission.

Nothing in these Terms grants you ownership of or a license to use Dwyer Mechanical’s trade names, logos, branding, or other intellectual property except as necessary for ordinary use of the Website.

18. Dwyer Mechanical Name, Branding, and Identity

You may not use Dwyer Mechanical’s name, logos, branding, identity, or other identifying materials in a manner that falsely suggests that you represent, are affiliated with, are endorsed by, or are authorized to act for Dwyer Mechanical.

You may not create fake accounts, pages, advertisements, solicitations, websites, or other materials that impersonate Dwyer Mechanical or falsely claim an affiliation with the business.

19. Third-Party Trademarks

The Website may reference manufacturers, equipment brands, products, or other third-party names and trademarks.

Those names and trademarks belong to their respective owners.

Unless expressly stated otherwise, reference to a third-party brand does not imply that Dwyer Mechanical is sponsored by, endorsed by, affiliated with, certified by, or officially associated with that third party.

20. Testimonials, Reviews, and Past Projects

The Website may display customer testimonials, reviews, project descriptions, photographs, examples of completed work, or other information concerning past experiences.

Individual experiences and project results vary.

A testimonial, review, photograph, or example of previous work does not guarantee that another customer will receive identical or similar results.

Reviews and comments appearing on independent third-party platforms are controlled by those platforms and their users, not by Dwyer Mechanical.

21. Customer-Submitted Testimonials, Content, and Materials

If you voluntarily provide Dwyer Mechanical with a testimonial, review, photograph, comment, or similar material directly for promotional or publication purposes, you represent that you have the right to provide that material and authorize Dwyer Mechanical to use it for the purpose for which it was provided, subject to applicable law and any separate agreement.

Nothing in these Terms gives Dwyer Mechanical ownership of content merely because a customer posted it on an independent third-party platform.

Use of reviews or other content originating from third-party platforms may also be subject to the rules and terms of those platforms.

22. Photographs, AI-Generated Images, and Illustrative Content

Images, photographs, graphics, renderings, digitally created materials, and AI-generated or AI-assisted imagery appearing on the Website may be used for illustrative, educational, or marketing purposes.

Such imagery may not depict the exact equipment, technician, property, project, installation, condition, or service described in accompanying content.

Visitors should not rely on illustrative imagery as a representation of the exact equipment or work that will be provided for a particular project.

23. Third-Party Websites and Social Media

The Website may contain links to independent third-party websites, including financing providers and social-media platforms.

Links are provided for convenience and informational purposes and do not necessarily constitute an endorsement.

Dwyer Mechanical does not control third-party websites and is not responsible for their content, availability, security, accessibility, products, services, decisions, terms, privacy practices, or other operations.

Your use of a third-party website is governed by that third party’s own terms, policies, and practices.

24. Website Accessibility

Dwyer Mechanical seeks to provide a Website that is usable and accessible to visitors.

However, technologies, devices, browsers, assistive technologies, and third-party components vary, and Dwyer Mechanical does not represent that every Website feature will operate identically with every configuration.

If you experience difficulty accessing Website content, you may contact Dwyer Mechanical at the email address provided at the end of these Terms.

Nothing in this section limits any accessibility rights or obligations imposed by applicable law.

25. Website Accuracy

Dwyer Mechanical endeavors to provide useful and accurate Website information but does not guarantee that all Website content will always be complete, current, accurate, or free from typographical, technical, or other errors.

Dwyer Mechanical may correct errors, inaccuracies, omissions, or outdated information and may update Website content at any time.

Website errors do not create a binding obligation to provide a service, product, price, specification, or other benefit based on the erroneous information.

26. Website Availability and Changes

Dwyer Mechanical does not guarantee uninterrupted or error-free access to the Website.

The Website or portions of it may become unavailable because of maintenance, software problems, hosting issues, security incidents, internet outages, third-party failures, or other circumstances.

Dwyer Mechanical may modify, update, remove, suspend, or discontinue Website content or functionality at any time, including service descriptions, educational materials, forms, links, or other Website resources.

27. Events Outside Dwyer Mechanical’s Reasonable Control

To the extent permitted by law, Dwyer Mechanical will not be responsible for Website-related delays, interruptions, failures, or inability to perform Website-related obligations caused by circumstances outside its reasonable control, including natural disasters, fires, severe weather, utility failures, internet or telecommunications outages, cyber incidents, government actions, labor disruptions, failures of hosting or technology providers, or similar events.

This section applies to Website-related matters and does not replace or modify force-majeure provisions that may appear in a separate service agreement.

28. Disclaimer of Website Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Dwyer Mechanical makes no warranty that the Website will be uninterrupted, error-free, completely secure, continuously available, or suitable for every user’s particular purpose.

Website content is general information and does not constitute a warranty concerning HVAC services, equipment, workmanship, project results, or any particular customer’s property.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded under applicable law.

29. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DWYER MECHANICAL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM OR RELATING TO USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR ITS GENERAL INFORMATIONAL CONTENT.

This limitation includes, where legally permitted, damages arising from Website interruptions, technical failures, third-party links, inaccurate or outdated general Website information, unauthorized third-party conduct, or a visitor’s reliance on Website educational content without obtaining an appropriate professional evaluation.

THIS SECTION IS INTENDED TO ADDRESS WEBSITE-RELATED LIABILITY. IT DOES NOT ELIMINATE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE WAIVED, NOR DOES IT REPLACE THE TERMS GOVERNING HVAC WORK ACTUALLY PERFORMED BY DWYER MECHANICAL.

Applicable proposals, service agreements, warranties, and law govern liability associated with actual HVAC services.

30. Indemnification for Website Misuse

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dwyer Mechanical and its owner, employees, and authorized representatives from third-party claims, liabilities, damages, losses, and reasonable costs arising from your unlawful misuse of the Website, material violation of these Terms, infringement or misappropriation of another person’s rights through your use of the Website, or fraudulent or malicious conduct involving the Website.

This provision does not require you to indemnify Dwyer Mechanical for liability that applicable law prohibits Dwyer Mechanical from shifting to you, including liability arising solely from Dwyer Mechanical’s own conduct where such indemnification is prohibited.

31. Relationship to Service Agreements

These Terms govern use of the Website.

They do not replace the terms of a separately executed proposal, service agreement, maintenance agreement, work authorization, invoice terms, warranty, or other contract governing HVAC services.

If there is a conflict between these Website Terms and a separately executed written agreement with Dwyer Mechanical concerning actual HVAC work, the separate written agreement controls with respect to that work to the extent of the conflict.

Only Dwyer Mechanical or an authorized representative may make binding commitments on behalf of Dwyer Mechanical.

General statements appearing on the Website, social media, advertising, or marketing materials do not modify a separately executed written agreement unless the modification is expressly agreed to as required by that agreement and applicable law.

32. Adults Only

The Website is intended for persons 18 years of age or older.

Persons under 18 should not submit service inquiries or personal information through the Website.

33. Suspension or Restriction of Access

Dwyer Mechanical may suspend, restrict, or block access to the Website where reasonably necessary to address suspected fraud, unlawful conduct, security threats, abuse, technical interference, or material violations of these Terms.

34. Governing Law and Venue

These Terms and disputes arising specifically from use of the Website will be governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

To the extent a particular dispute may lawfully be subject to an agreed venue, the parties agree that proceedings concerning these Website Terms will be brought in an appropriate state or federal court located in San Diego County, California.

These Terms do not require binding arbitration.

35. Changes to These Terms

Dwyer Mechanical may revise these Terms as the Website, business, technology, or applicable requirements evolve.

When these Terms are revised, Dwyer Mechanical will update the “Last Updated” date displayed above.

Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Changes to these Website Terms do not retroactively modify separately executed agreements for HVAC work unless expressly agreed by the applicable parties.

36. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect.

37. No Waiver

Dwyer Mechanical’s failure or delay in enforcing any provision of these Terms does not waive its right to enforce that provision or any other provision later.

38. Entire Agreement Regarding Website Use

These Terms constitute the agreement between you and Dwyer Mechanical regarding your use of the Website.

Dwyer Mechanical’s Privacy Policy separately describes its practices concerning the collection, use, disclosure, and handling of personal information.

Neither these Terms nor the Privacy Policy replaces a separately executed agreement concerning HVAC services.

39. Interpretation

Section headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

Words such as “including” and “includes” are illustrative and do not limit a provision solely to the examples expressly identified.

40. Contact

Questions regarding these Terms of Use or the Website may be directed to:

Dwyer Mechanical
Email: joe@dwyermechanical.com

Dwyer Mechanical
Joseph Dwyer, Sole Proprietor
California