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Introduction and Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the website (the “Site”) and related services, features, and applications (collectively, the “Services”) of The Comfort Specialists, LLC (“Company,” “we,” “us,” or “our”), a limited liability company organized under the laws of the Commonwealth of Massachusetts. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, you must not use the Site or Services.
We may modify these Terms at any time by posting revised Terms to the Site. Your continued use of the Site or Services after posting constitutes acceptance of such changes.
Definitions and User Categories
User means any individual or entity that accesses or uses the Site or Services.
Guest means a User who browses the Site without creating an account or establishing a customer relationship. Guests may view publicly available content but may not access features reserved for Customers or Members.
Customer means a User who has, at any time, purchased products or services from the Company, whether presently active or inactive.
Member means a Customer enrolled in the Company’s membership subscription program (the “Membership Program”) who maintains an active, paid monthly subscription and receives benefits and discounts as described herein and in any applicable Membership Services Agreement.
All Users are bound by these Terms. Where provisions apply only to a specific category, such applicability is noted.
Eligibility
You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement. By using the Site, you represent and warrant that you meet these requirements. If acting on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Account Registration
Customers and Members must create an account to access certain Site features. You agree to provide accurate, current, and complete registration information and to keep it updated. You are solely responsible for safeguarding your credentials and for all activity under your account. You must notify us immediately of any unauthorized access. The Company is not liable for losses arising from your failure to protect your account credentials.
Guest Access
Guests may browse publicly available content without creating an account but may not access features reserved for Customers or Members. The Company may limit or restrict Guest access at any time in its sole discretion.
Customer Terms
Customer Accounts
Customers may access order history, service scheduling, customer support, and other features as made available from time to time. Account features are subject to change without notice.
Purchases and Payments
All purchases are subject to the Company's pricing, payment, and refund policies as posted at the time of purchase. Prices may change without prior notice. The Company may refuse or cancel any order for any reason, including product or service unavailability, pricing errors, or suspected fraud. You agree to pay all charges at the prices in effect when incurred. All transactions are subject to Massachusetts consumer protection standards governing fair dealing, truthful advertising, and good-faith commercial practices.
For project-based work governed by a signed Estimate (which, together with any executed Change Orders, constitutes an "Agreement" as defined therein), the payment terms set forth in that Estimate (including any required deposit, late payment surcharges, interest, mechanic's lien rights under Massachusetts General Laws Chapter 254, and collection cost provisions) shall control. Where no signed Estimate exists, payment is due upon completion of services as set forth in the applicable Invoice.
Warranties
The Company warrants its workmanship for a period of one (1) year from the date of substantial completion of any project. Equipment and materials carry only the applicable manufacturer's warranty, copies of which will be provided upon request; the Company makes no independent warranty regarding equipment performance, lifespan, or suitability beyond the express terms of the signed Estimate.
Membership maintenance services are preventive in nature and do not constitute a warranty, guarantee, or insurance against equipment failure, breakdown, or malfunction. The Company expressly disclaims any liability for pre-existing defects, damage, wear, or system issues discovered during a maintenance cleaning, diagnostic, or inspection. Customer acknowledges that older or poorly maintained systems may have pre-existing conditions that the Company's services cannot remedy.
The warranty does not cover damage or failure caused by: (a) other contractors; (b) improper operation or maintenance by Customer; (c) power surges or electrical supply issues; (d) unauthorized modifications; or (e) force majeure events, including but not limited to acts of God, fire, flood, war, epidemic, natural disaster, labor dispute, or government action. Failure to perform recommended maintenance (including filter changes, seasonal tune-ups, or other manufacturer-specified service requirements) may void warranty coverage.
System Design Disclaimer
Where the Company is installing equipment to connect with an existing system designed, installed, or specified by others, the Company makes no representation or warranty regarding the adequacy of system design, sizing, capacity, or compatibility. Customer acknowledges the risks associated with connecting new equipment to systems not designed or verified by the Company, including potential oversizing, undersizing, reduced efficiency, accelerated wear, or voiding of manufacturer warranties. Customer releases and holds the Company harmless from any claims relating to system design deficiencies not caused by the Company.
Recommendations Not Performed
If the Company recommends repairs, upgrades, maintenance, or other options that are declined by Customer, and equipment failure, property damage, system inefficiency, or voiding of warranty occurs as a result, the Company is held harmless and shall have no liability therefor. Customer acknowledges that declining recommended work may affect system performance, longevity, warranty coverage, and code compliance.
Former Customers
Former Customers retain their Customer status and account access, subject to these Terms. The Company may deactivate inactive accounts at its sole discretion upon reasonable notice.
Membership Program
Enrollment and Tiers
Eligible Customers may enroll in the Membership Program through the Site, by telephone, or by contacting the Company directly. Enrollment is subject to the Company's approval. The Membership Program offers multiple tiers (e.g., Bronze, Silver, and Gold), each with distinct monthly pricing, benefits, and service levels as described on the Site and in the Membership Services Agreement. By enrolling, you select a tier and agree to pay the applicable monthly membership fee ("Membership Fee") and to comply with these Terms and the Membership Services Agreement.
Initial Term and Automatic Renewal
The Membership Services Agreement has an initial term of twelve (12) months beginning on the date of enrollment (the "Initial Term"). After the Initial Term, membership automatically renews on a month-to-month basis unless cancelled by the Member. By enrolling, Member acknowledges that: (a) membership will automatically renew month-to-month after the Initial Term; (b) the designated payment method will be charged each month until Member affirmatively cancels; and (c) Member may cancel at any time after the Initial Term without penalty. These automatic renewal disclosures are provided in compliance with Massachusetts consumer protection requirements.
Membership Fees and Billing
The Membership Fee is billed monthly on a recurring basis to the credit card, debit card, or bank account designated by Member at enrollment. You authorize the Company to charge your designated payment method on the same calendar day of each month. If a scheduled payment is declined, the Company will attempt to process payment again within five (5) business days; membership benefits may be suspended if payment remains unsuccessful and will be terminated automatically if payment remains delinquent for thirty (30) consecutive days. The Company may change the Membership Fee upon thirty (30) days' prior written notice (by email or U.S. mail); if you do not agree, you may cancel before the effective date of the change without penalty. Monthly fees are non-refundable once charged.
Membership Benefits and Discounts
Members in good standing receive benefits and discounts as described on the Site or in the Membership Services Agreement. Benefits may include discounted or waived diagnostic fees, free or discounted maintenance cleaning visits, percentage discounts on parts for repairs, priority scheduling over non-member customers, Loyalty Fund accrual toward a future HVAC system replacement, and multi-system add-on coverage (at applicable tiers). Benefits are subject to change at the Company's discretion upon reasonable notice of material changes. Priority Service means Members are scheduled before non-member customers but does not guarantee same-day or next-day service and is subject to technician availability.
Loyalty Fund
Members accrue Loyalty Fund credits at the annual rate specified for their tier level, credited on the anniversary of enrollment. The Loyalty Fund has no cash value, is non-transferable, and is not redeemable for cash. Loyalty Fund credits may be applied only toward the purchase of a full HVAC system replacement performed by the Company. Loyalty Fund credits expire immediately upon termination of the Membership Services Agreement for any reason and are forfeited in their entirety.
Cancellation and Termination
You may cancel at any time by providing written notice via email, U.S. mail, or telephone. The Company will send written confirmation of cancellation within five (5) business days. Cancellation is effective at the end of your current billing cycle, and benefits continue through that cycle. No refunds or prorated credits are issued for partial periods. Upon cancellation, your status reverts to Customer.
If you cancel during the Initial Term for any reason other than the Company's material breach, an early termination fee equal to fifty percent (50%) of the remaining monthly fees due through the end of the Initial Term (the "Early Termination Fee") applies. The Early Termination Fee reflects the Company's reasonable estimate of costs incurred in enrolling and servicing Member and is not a penalty. The Early Termination Fee does not apply to cancellations occurring after the Initial Term or to cancellations exercised under the three-day right to cancel described below.
If the Membership Services Agreement was solicited at a location other than the Company's principal place of business (including door-to-door sales), Member has the right to cancel within three (3) business days of enrollment without penalty or obligation, consistent with Massachusetts home solicitation consumer protection requirements and the Federal Trade Commission's Cooling-Off Rule.
The Company may suspend or terminate your membership for cause, including nonpayment, violation of these Terms, or abuse of benefits. No refund is owed upon termination for cause.
Non-Transferability
Membership is personal and may not be transferred, assigned, or shared without the Company's prior written consent.
Intellectual Property
All Site content, including text, graphics, logos, images, trademarks, software, and other materials (collectively, “Content”), is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any Content without prior written consent, except as expressly permitted by these Terms or applicable law.
User Conduct
You agree not to use the Site or Services to: (a) violate any applicable law or regulation; (b) infringe the rights of the Company or any third party; (c) transmit unlawful, harmful, threatening, abusive, defamatory, or obscene material; (d) interfere with or disrupt Site operations; (e) attempt unauthorized access to any portion of the Site or connected systems; (f) use automated means to access the Site without our written permission; or (g) collect personally identifiable information from the Site.
Disclaimer of Warranties
Limitation of Liability
To the maximum extent permitted by applicable law, the company’s total aggregate liability to you arising out of or related to these terms, any signed estimate, invoice, or membership services agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount actually paid by you to the company during the twelve (12) months immediately preceding the event giving rise to the claim. For claims arising solely from an individual invoice or project, the company’s liability shall not exceed the amount actually paid under that invoice.
In no event shall the company, its managers, members, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of use, property damage arising from system failure, business interruption, or cost of substitute services, regardless of legal theory, even if the company has been advised of the possibility of such damages.
Nothing in this section shall limit the company’s liability for: (a) personal injury or death caused by the company’s gross negligence or willful misconduct; (b) fraud or intentional misrepresentation; or (c) any liability that cannot be excluded or limited under applicable massachusetts law, including liability under the massachusetts consumer protection act.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its managers, members, employees, agents, and affiliates from all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or Services; (b) your violation of these Terms or any applicable law; (c) your violation of the rights of any third party; or (d) any third-party claim arising from conditions at your property that are not caused by the Company’s negligence.
Third-Party Links
The Site may contain links to third-party websites or services not owned or controlled by the Company. The Company assumes no responsibility for the content, policies, or practices of third-party sites and is not liable for any damage arising from your use of or reliance on such sites.
Dispute Resolution
Step 1 — Direct Discussion
If a dispute arises out of or relates to these Terms, any signed Estimate, Invoice, or Membership Services Agreement, the aggrieved party shall first contact the other party directly so both parties can attempt to resolve the matter informally. The aggrieved party shall send written notice describing the dispute to the other party at the address set forth in Section 21 (or as updated in writing). The parties shall have thirty (30) days from receipt of such notice to reach a resolution.
Step 2 — Mediation
If direct discussion does not resolve the dispute within the thirty (30) day period, either party may request mediation. Mediation shall take place in Worcester County, Massachusetts. Each party shall pay its own share of the mediator's fees, which are typically split equally between the parties.
Step 3 — Arbitration or Litigation
If mediation does not resolve the dispute within thirty (30) days of the mediator's appointment, the Company may elect, in its sole discretion, to submit the dispute to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or to pursue the claim in a court of competent jurisdiction in Worcester County, Massachusetts, or the United States District Court for the District of Massachusetts. Each party shall bear its own costs during the proceeding; however, the party that does not prevail shall pay the prevailing party's reasonable attorney fees, court costs, and related expenses. Nothing in this Section 14 shall limit either party’s rights under M.G.L. c. 93A.
ARBITRATION NOTICE: BY AGREEING TO ARBITRATION UNDER THIS SECTION, YOU WAIVE THE RIGHT TO A JURY TRIAL. This waiver does not affect your right to file a complaint with the Massachusetts Office of Consumer Affairs and Business Regulation or to bring a claim under the Massachusetts Consumer Protection Act.
Consumer Protection Rights
Nothing in this Section 14 limits either party's right to bring a claim under the Massachusetts Consumer Protection Act. If you have a complaint that cannot be resolved directly with the Company, you may contact the Massachusetts Office of Consumer Affairs and Business Regulation at (617) 973-8787 or the Massachusetts Attorney General's Consumer Advocacy and Response Division.
Notices
All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when: (a) personally delivered; (b) sent by email with confirmation of receipt; or (c) sent by certified U.S. mail, return receipt requested, to the addresses set forth in Section 21 or as updated by either party in writing. Notices to the Company shall be directed to the address and email set forth in Section 21.
Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Worcester County, Massachusetts, or the United States District Court for the District of Massachusetts, and you consent to the personal jurisdiction of such courts. Nothing in these Terms limits or waives any rights you may have under the Massachusetts Home Improvement Contractor Law, the Massachusetts Consumer Protection Act, or Massachusetts home solicitation sales protections.
Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
Entire Agreement
These Terms, together with the Privacy Policy and any applicable Membership Services Agreement, signed Estimate, or Invoice, constitute the entire agreement between you and the Company regarding the Site and Services and supersede all prior communications and agreements on this subject matter. In the event of a conflict among the contract documents, the following order of precedence applies (highest to lowest): (1) the most recent signed Change Order or written addendum; (2) the signed Estimate or Membership Services Agreement; (3) the Invoice; (4) these Terms of Service. Within the same document type, the later-dated version controls.
Force Majeure
The Company shall not be liable for any delay or failure to perform any obligation under these Terms to the extent caused by circumstances beyond the Company’s reasonable control, including but not limited to extreme weather events, pandemics, government orders, labor shortages, supply chain disruptions, natural disasters, or other force majeure events.
Photographs and Marketing
The Comfort Specialists, LLC reserves the right to photograph and video-record completed work for use in marketing, social media, portfolio materials, and industry publications. No Customer names, addresses, or personally identifying information will be disclosed without Customer’s prior written consent. By engaging the Company’s Services or enrolling in the Membership Program, Customer grants the Company a perpetual, royalty-free, non-exclusive license to use such photographs and recordings in any medium. This license survives termination of any Estimate, Invoice, or Membership Services Agreement. Customers who wish to opt out of photography for a specific project must notify the Company in writing prior to the commencement of work.
Home Improvement Contractor Registration
The Company is registered as a Home Improvement Contractor with the Commonwealth of Massachusetts. Customer may verify the Company’s registration status through the Massachusetts Office of Consumer Affairs and Business Regulation.
Contact Information
The Comfort Specialists, LLC 21 Milton Ave Clinton, Massachusetts 01510 Phone: 978-828-0157 Email: Michael@tcs-ma.com Website: www.tcs-ma.com