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Privacy Policy

TERMS OF SERVICE

Capital Comfort Services  |  Last Updated: May 21, 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at www.capitalcomfort.com (the “Site”), and any related services, communications, text messaging programs, online forms, and content provided by Capital Heating & Cooling, Inc., doing business as Capital Comfort Services (“Capital Comfort,” “we,” “us,” or “our”). By accessing or using the Site, submitting a contact form, requesting service, opting in to receive text messages, or otherwise interacting with us through the Site, you agree to be bound by these Terms and our Privacy Policy, available at https://www.capitalcomfort.com/privacy-policy/.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

These Terms include a binding arbitration clause and class action waiver (Section 14) that affect your legal rights. Please read them carefully.

1. Eligibility

You must be at least 18 years old and a resident of the United States to use the Site, submit forms, or enroll in any text messaging program offered by Capital Comfort. By using the Site, you represent and warrant that you meet these requirements and have the legal capacity to enter into a binding agreement.

2. About Capital Comfort

Capital Comfort Services is a residential and commercial HVAC, generator, and electrical services provider operating in the State of Alabama (AL State Certification #95114), with its principal place of business located at 2750 Old Rocky Ridge Road, Birmingham, AL 35216. References on the Site to specific services, pricing, financing, warranties, or service areas are subject to change without notice and do not constitute binding offers unless reduced to a separate written agreement signed by an authorized representative of Capital Comfort.

3. Acceptable Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack, distributed denial-of-service attack, or by uploading malware, viruses, or other malicious code.
  • Scrape, harvest, or otherwise collect information about other users or visitors without their consent.
  • Submit false, misleading, or fraudulent information through any contact form, booking form, or other submission mechanism.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

4. Forms, Submissions, and Service Requests

When you submit a contact form, service request, booking inquiry, or any other form on the Site, you authorize Capital Comfort to contact you using the contact information you provide, including by telephone, email, and (subject to your separate, express opt-in described in Section 5) text message, for the purpose of responding to your inquiry, scheduling service, and fulfilling your request.

Submission of a form does not create a binding contract for services. Service is provided only upon Capital Comfort’s confirmation and the execution of a separate service agreement, invoice, or written work authorization. Capital Comfort reserves the right to decline any service request at its sole discretion.

You are responsible for ensuring that all information you submit is accurate, complete, and current. You agree to update your information promptly if it changes.

5. Text Messaging (SMS) Program – TCPA Disclosures

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS UNDER THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND OTHER APPLICABLE LAWS.

5.1 Program Description

Capital Comfort operates two distinct text messaging programs through ServiceTitan Marketing Pro and related platforms:

  • Marketing SMS Program: Promotional, marketing, and offer-related text messages, including seasonal promotions, maintenance reminders containing promotional content, and exclusive customer offers. Enrollment requires your separate, express written consent and is never a condition of purchase.
  • Transactional SMS Program: Non-marketing service-related communications, including appointment confirmations, technician arrival notifications, service status updates, and similar transactional messages directly related to a service you have requested or scheduled.

5.2 Consent and Opt-In

By providing your mobile telephone number and affirmatively checking the consent box on a Capital Comfort website form, completing a ServiceTitan opt-in flow, or otherwise affirmatively opting in, you represent that (i) the mobile number you provided belongs to you and you are authorized to enroll it in the applicable program; (ii) you consent to receive autodialed, prerecorded, and/or automated text messages from Capital Comfort or its service providers at the number provided; and (iii) you understand that consent to marketing text messages is not a condition of purchasing any goods or services from Capital Comfort.

Marketing SMS enrollment requires completion of a double opt-in process through Capital Comfort’s text messaging platform (ServiceTitan Marketing Pro). Checking a consent box on a website form alone does not enroll you in the Marketing SMS Program; you must also reply to confirm enrollment through the platform’s opt-in workflow.

5.3 Message Frequency, Rates, and Carriers

Message frequency varies. Message and data rates may apply based on your mobile carrier plan. Capital Comfort is not responsible for any charges imposed by your wireless carrier. Carriers including but not limited to AT&T, Verizon, T-Mobile, Sprint, and US Cellular are not liable for delayed or undelivered messages.

5.4 Opt-Out and Help

You may opt out of any text messaging program at any time. To opt out, reply STOP to any message from Capital Comfort. You will receive a single confirmation message and will not receive further messages from the applicable program. For help, reply HELP or contact us at (205) 444-0704.

Opting out of one program (e.g., Marketing) does not automatically opt you out of the other (e.g., Transactional), and vice versa. To opt out of all text messages, you must opt out of each program separately or contact us directly.

5.5 Privacy

Mobile telephone numbers and SMS opt-in data are collected and used in accordance with our Privacy Policy. We do not sell, rent, or share your mobile information or SMS consent data with third parties for their marketing purposes. Your information is used only to deliver the messages you have requested and to operate the messaging programs.

5.6 Changes to the Program

Capital Comfort may modify or terminate any text messaging program at any time, with or without notice. Continued enrollment after a change constitutes your acceptance of the change.

6. Privacy Policy

Our collection, use, and disclosure of personal information are governed by our Privacy Policy, available at https://www.capitalcomfort.com/privacy-policy/. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, photographs, videos, and software, is the property of Capital Comfort or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without our prior written consent, except as expressly permitted by these Terms.

The names “Capital Comfort,” “Capital Comfort Services,” “Capital Heating & Cooling,” and related logos are trademarks of Capital Heating & Cooling, Inc. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

8. Third-Party Websites and Links

The Site may contain links to third-party websites or services that are not owned or controlled by Capital Comfort, including but not limited to financing partners (such as Wells Fargo), social media platforms, and online directories. Capital Comfort is not responsible for the content, privacy practices, or terms of use of any third-party site. Your use of any third-party site is at your own risk and subject to that site’s terms and policies.

9. Estimates, Quotes, and Pricing

Pricing displayed on the Site, including but not limited to financing offers, service rates, and equipment pricing, is for general informational purposes only and is not a binding offer. Final pricing is determined at the time of in-person inspection and quoting and is subject to the terms of a separate written service agreement or work authorization.

Financing options described on the Site, including Wells Fargo financing, are subject to credit approval and the terms set by the financing provider. Capital Comfort does not guarantee approval or any specific financing terms.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CAPITAL COMFORT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE.

Warranties related to physical services performed by Capital Comfort (HVAC, generator, electrical) are governed exclusively by the separate written service agreement, invoice, or warranty document provided at the time of service, and not by anything stated on the Site.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPITAL COMFORT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.

CAPITAL COMFORT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Capital Comfort, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site; (c) any false or misleading information you submit through the Site; (d) your violation of any rights of another person or entity; or (e) your violation of any applicable law or regulation.

13. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms, the Site, or your use of the Site shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles. Subject to the binding arbitration provisions in Section 14, you agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Jefferson County, Alabama, and you consent to the personal jurisdiction of such courts.

14. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

14.1 Agreement to Arbitrate

You and Capital Comfort agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any text messaging program operated by Capital Comfort, any service request or submission, or the relationship between you and Capital Comfort (including any claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any state analog) shall be resolved through final and binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.2 Arbitration Rules and Forum

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except as modified by these Terms. The arbitration shall be conducted in Jefferson County, Alabama, unless you and Capital Comfort agree otherwise or unless the arbitrator determines that another location is more appropriate. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND CAPITAL COMFORT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.4 Opt-Out Right

You have the right to opt out of this arbitration agreement and class action waiver by sending written notice of your decision to opt out to Capital Comfort at 2750 Old Rocky Ridge Road, Birmingham, AL 35216, within thirty (30) days after first agreeing to these Terms. Your notice must include your full name, address, the email address and phone number you have used to interact with Capital Comfort, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.

14.5 Survival

This Section 14 shall survive any termination of these Terms or your relationship with Capital Comfort.

15. Changes to These Terms

Capital Comfort may revise these Terms at any time by posting an updated version on the Site. The “Last Updated” date at the top of these Terms indicates when the most recent changes were made. Your continued use of the Site after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

16. Termination

Capital Comfort reserves the right, in its sole discretion, to terminate or suspend your access to the Site, or any portion thereof, at any time and for any reason, including for violation of these Terms, without notice and without liability to you. Sections 7, 10, 11, 12, 13, 14, and 17 shall survive any termination.

17. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any separate written service agreement between you and Capital Comfort, constitute the entire agreement between you and Capital Comfort regarding the Site and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

No Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Capital Comfort to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without the prior written consent of Capital Comfort. Capital Comfort may assign these Terms at any time without notice or consent.

Force Majeure. Capital Comfort shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, severe weather, natural disasters, pandemics, supply chain disruptions, labor disputes, governmental actions, or telecommunications or utility failures.

Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

18. Contact Us

If you have any questions about these Terms, please contact us:

Capital Comfort Services

(Capital Heating & Cooling, Inc.)

2750 Old Rocky Ridge Road

Birmingham, AL 35216

Phone: (205) 444-0704

Website: https://www.capitalcomfort.com

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

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