Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Total Mechanical Services, an Oklahoma corporation ("Company," "we," "us," or "our"), governing your access to and use of the website located at totalmechanical.com, including all content, functionality, and services offered on or through the website (collectively, the "Website").

BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. If you do not agree to these Terms, you must not access or use the Website.

2. Commercial and Industrial Use Only

By using this Website, you represent that you are accessing it in a business or professional capacity, including but not limited to:

• Facility managers and building engineers
• Plant managers and operations directors
• Procurement officers and purchasing agents
• Business owners and property managers
• General contractors and construction managers
• Healthcare, education, hospitality, and industrial facility operators

3. Website Content and Educational Resources

3.1 General Information Only

The content on this Website, including but not limited to articles, guides, technical resources, troubleshooting information, maintenance checklists, and equipment comparisons (collectively, "Educational Content"), is provided for general informational and educational purposes only.

Educational Content is not intended to be, and shall not be construed as:

• Professional engineering advice or recommendations
• Specific technical specifications for your facility or equipment
• A substitute for professional inspection, assessment, or consultation
• Instructions for performing repairs, maintenance, or modifications
• Legal, regulatory, or compliance advice

3.2 No Professional Relationship

Your use of the Website and consumption of Educational Content does not create a professional, contractual, or fiduciary relationship between you and Total Mechanical Services. No contractor-client, engineer-client, or consultant-client relationship is formed through your access to or use of this Website.

3.3 Professional Consultation Required

Commercial HVAC, boiler, chiller, and mechanical systems are complex and potentially hazardous. Before taking any action based on information found on this Website, you must consult with qualified, licensed professionals who can assess your specific facility, equipment, and circumstances.

You acknowledge that:

• Every facility and system has unique characteristics requiring individual assessment
• Improper installation, repair, or maintenance of mechanical systems can result in property damage, personal injury, or death
• Compliance requirements vary by jurisdiction, facility type, and equipment
• Manufacturer specifications and local codes supersede general information

4. Disclaimer of Warranties

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTAL MECHANICAL SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• PROPERTY DAMAGE OR PERSONAL INJURY
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE
• DAMAGES ARISING FROM ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. Indemnification

You agree to indemnify, defend, and hold harmless Total Mechanical Services and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Website
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any action taken based on information obtained from the Website
• Any content or information you submit through the Website

7. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, text, graphics, photographs, images, video, audio, software, code, and design) are owned by Total Mechanical Services, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Website content without our express written consent
• Use any Company trademarks, logos, or service marks without written permission
• Remove or alter any copyright, trademark, or other proprietary notices
• Use automated systems (including bots, scrapers, or crawlers) to access or collect Website content

8. User Submissions

Any information, materials, or communications you submit through the Website (including proposal requests, inquiries, and uploaded documents) shall be treated in accordance with our Privacy Policy.

By submitting information through the Website, you represent and warrant that:

• You have the authority to submit such information on behalf of yourself or your organization
• The information is accurate and not misleading
• The submission does not violate any applicable law or third-party rights
• The submission is for legitimate business purposes related to commercial HVAC services

9. Third-Party Links and Content

The Website may contain links to third-party websites, resources, or services. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Your interactions with third-party websites, including payment and delivery of goods or services, are solely between you and such third parties. We shall not be responsible or liable for any loss or damage arising from such interactions.

10. Website Availability and Modifications

We reserve the right, in our sole discretion, to:

• Modify, suspend, or discontinue the Website or any portion thereof at any time without notice
• Restrict access to the Website or any portion thereof
• Update, revise, or remove any content at any time

We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

11. Separate Service Agreements

These Terms govern only your use of the Website. Any services provided by Total Mechanical Services, including but not limited to repair, maintenance, installation, consulting, or project work, shall be governed by separate written agreements, proposals, contracts, or terms specific to those services.

Requesting a proposal or quote through the Website does not create a binding agreement for services. All service agreements require separate written documentation executed by authorized representatives.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be subject to the exclusive jurisdiction of the state and federal courts located in Oklahoma County, Oklahoma.

You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

13. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Total Mechanical Services with respect to your use of the Website.

These Terms supersede all prior or contemporaneous communications, proposals, and understandings, whether oral or written, relating to the Website.

15. Changes to These Terms

We reserve the right to modify these Terms at any time in our sole discretion. All changes are effective immediately when posted, and the "Last Updated" date will be revised accordingly.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.

16. Contact Information

Questions or concerns about these Terms should be directed to:

17. Acknowledgment

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU ARE USING THE WEBSITE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS.