Terms & Conditions

These Terms & Conditions ("Terms") govern your use of midwestcomfortiowa.com (the "Site") and the services offered by Midwest Comfort Heating & Cooling ("Company," "we," "us"), 1567 Ohio St, Des Moines, IA 50314. By using the Site or engaging our services, you agree to these Terms. If you do not agree, please do not use the Site.

1. Services & Website Content

The Site describes our heating, cooling, water heater, and indoor air quality services. Content is provided for general information about our business and home comfort topics. It is not engineering, legal, or safety advice for your specific situation — always have equipment issues assessed in person by a qualified technician.

2. AI-Assisted Content Disclaimer

Some informational content on this Site (for example, learning guides and blog articles) may be drafted or updated with the assistance of artificial-intelligence tools and is reviewed by our team before publication. Despite review, such content may contain errors or omissions and is provided for general information only. It does not constitute professional advice, a diagnosis of your equipment, or a promise of results, and it does not create any warranty. Verify any information material to a purchase or repair decision with us directly.

3. Estimates Are Not Binding

Prices, ranges, or figures presented on the Site, over the phone, or through any online estimate tool are non-binding estimates provided for planning purposes only. Actual pricing depends on an in-person evaluation of your home and equipment. Binding pricing is only that stated in a written quote or invoice we present for your approval before work begins.

4. Scheduling, Access & Customer Responsibilities

You agree to provide safe and reasonable access to work areas, disclose known hazards, and secure pets during service visits. Appointment windows are good-faith commitments; emergency workloads and weather can affect timing, and we will communicate delays.

5. Payments & Financing

Payment is due as stated on your invoice or written quote. Financing, where offered, is provided by third-party lenders, is subject to credit approval, and is governed by the lender's terms — we are not the lender and do not make credit decisions. Special financing offers and qualifications are subject to change at any time by the lending partner. Refund and cancellation terms for deposits and special-order equipment are stated on your written quote.

6. Manufacturer Warranties & Workmanship

Equipment we install is covered by the manufacturer's warranty per its terms (registration requirements may apply — we will review the actual warranty documents with you). Any workmanship warranty we provide will be stated in writing on your quote or invoice. Manufacturer warranties may require documented routine maintenance to remain in force.

7. Disclaimer of Warranties (Site)

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THIS SECTION DOES NOT LIMIT ANY WRITTEN WARRANTY WE PROVIDE FOR PERFORMED WORK OR ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM (OR, FOR CLAIMS RELATING SOLELY TO THE SITE, ONE HUNDRED U.S. DOLLARS). IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to indemnify and hold harmless the Company and its owners, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site, your violation of these Terms, or your violation of any rights of a third party — except to the extent caused by our own negligence or willful misconduct.

10. Governing Law

These Terms are governed by the laws of the State of Iowa, without regard to conflict-of-law principles. Subject to Section 11, the state and federal courts located in Polk County, Iowa shall have exclusive jurisdiction over any dispute not subject to arbitration.

11. Arbitration & Class Action Waiver (Please Read Carefully)

Except for small-claims matters and where prohibited by law, any dispute arising out of or relating to these Terms, the Site, or the Services shall be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer rules, seated in Polk County, Iowa. You and the Company each waive the right to a jury trial and to participate in a class action, class arbitration, or representative proceeding. The arbitrator may award the same individual relief a court could award.

30-day opt-out: You may opt out of this arbitration agreement by sending written notice to 1567 Ohio St, Des Moines, IA 50314 (or [email protected]) within 30 days of first accepting these Terms, stating your name, address, and clear intent to opt out. Opting out does not affect any other provision of these Terms.

12. Intellectual Property

The Site's content, branding, and design are owned by the Company or its licensors and may not be copied or used commercially without written permission.

13. Changes to These Terms

We may update these Terms from time to time; the "Last updated" date reflects the current version. Continued use of the Site after changes constitutes acceptance.

14. Contact

Questions about these Terms: [email protected] · (515) 277-6327 · 1567 Ohio St, Des Moines, IA 50314.