Terms of Service

1. Acceptance and eligibility

These Terms of Service (the “Terms”) are a binding agreement between you and Colorado Bear Heating & Air (“Colorado Bear,” “we,” “us,” or “our”) and govern your access to and use of cobearhvac.com (the “Site”), our communications (phone, SMS, email, chat), and the residential and light-commercial HVAC, indoor-air-quality, and related services we provide (collectively, the “Services”). By using the Site or requesting Services, you accept these Terms. If you do not agree, do not use the Site or request Services.

You must be at least eighteen (18) years old and legally able to enter a contract. By using the Site or requesting Services, you represent that you meet this requirement.

2. The Services we offer

We provide residential and light-commercial heating, cooling, heat-pump, ductless, indoor-air-quality, ventilation, smart-thermostat, and related installation, repair, maintenance, and inspection services in our published Colorado service area (currently including Castle Rock and the south Denver Metro). Service availability, pricing, and scheduling are confirmed at the time of your request and depend on technician availability, parts availability, weather, and access to the property. Emergency service is available 24/7 and may carry after-hours rates that we disclose before dispatch.

3. Estimates, quotes, and pricing

We offer free in-home estimates for new system installations and similar projects. All estimates and online quotes are non-binding and provided in good faith based on the information available. Final pricing is confirmed in a written, signed work order or installation agreement before work begins. We will not perform work that is outside the scope of the signed agreement without your authorization.

Pricing reflects current parts, equipment, and labor costs at the time of the estimate. If site conditions, code requirements, equipment availability, or your scope materially change between the estimate and the start of work, we will provide a revised estimate for your approval before continuing.

“Starting at,” “from,” and similar prices are illustrative for typical, accessible installations. Your project may cost more depending on the equipment selected, system size, ductwork modifications, permitting, and site conditions.

4. Financing

Financing is offered through Synchrony, a third-party lender, subject to credit approval. We are not the lender, and we do not make credit decisions. Financing applications are completed on the lender’s own secure website — never on this Site. The terms of your financing — including interest rate, term, APR, monthly payment, deferred-interest conditions, and late-payment consequences — are set entirely by the lender and are disclosed in your loan documents. Promotional offers may have qualification requirements and end dates; the lender’s disclosures control.

5. Booking, scheduling, and cancellations

You may book online through our Housecall Pro integration, by calling (720) 790-3765, by texting (subject to § 7 of our Privacy Policy), or by submitting a form on the Site. After-hours requests may be handled by an AI-assisted booking assistant (see § 9). We will confirm your appointment and time window by phone, email, text, or in the Housecall Pro portal.

Please give us as much notice as possible if you need to reschedule or cancel. Non-emergency diagnostic and tune-up appointments cancelled less than two (2) hours before the scheduled window, or no-shows, may be subject to a missed-appointment fee disclosed at the time of booking. Emergency appointments are non-refundable once a technician is dispatched.

6. Payment, deposits, and billing

Payment is due at completion of service unless your written agreement provides otherwise. We accept payment through Housecall Pro’s payment portal. Card numbers are processed directly by the payment processor and are never entered on, transmitted through, or stored on this Site or our servers; we are not a PCI cardholder-data environment.

For new installations, replacements, and other multi-day projects, we may require a deposit to schedule the work and order equipment. Deposits are credited to the final invoice. Equipment that is special-ordered for your project is non-cancellable once ordered; if you cancel after the equipment has been ordered, you remain responsible for the equipment cost and any restocking fees imposed by the manufacturer or distributor.

Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by Colorado law. You agree to pay reasonable costs of collection, including attorneys’ fees, on past-due balances that we must refer to collection.

7. Workmanship, warranties, and disclaimers

Workmanship guarantee: our installation and repair workmanship is backed by a 100% satisfaction guarantee. If you are not satisfied with the quality of our workmanship, contact us within the warranty window stated in your installation paperwork and we will make it right.

Manufacturer warranties: the equipment we install is covered by the manufacturer’s warranty (including, where applicable, Daikin’s warranty programs as a factory-authorized dealer). Warranty terms, duration, registration requirements, and claim procedures vary by manufacturer and product and are provided in the documentation at the time of installation. Manufacturer warranties typically exclude damage from misuse, neglect, lack of maintenance, power surges, flooding, freezing, and unauthorized service.

EXCEPT AS EXPRESSLY STATED IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL SERVICES, EQUIPMENT, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COLORADO BEAR HEATING & AIR, ITS OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. This limitation does not apply to (a) liability for our own gross negligence, willful misconduct, or fraud, or (b) liability that cannot be excluded under applicable Colorado law.

9. AI and automated content

Portions of this Site — including the chat assistant, content generation, and after-hours booking assistance via Housecall Pro — use artificial-intelligence systems. AI output is generated automatically and may be incomplete, inaccurate, or out of date. It is provided for general informational purposes only and is not professional advice, a binding quote, or a substitute for an in-home diagnosis by a licensed technician.

Do not rely on AI output for safety-critical decisions involving gas, electrical, refrigerant, combustion, or carbon-monoxide hazards. If you smell gas, suspect a CO leak, see fire or smoke, or believe your equipment poses an imminent danger, leave the area, dial 911, and then call us.

Human team members review and supervise AI-assisted interactions but cannot review every conversation in real time. We may use AI-generated transcripts for quality, training, and service-improvement purposes.

10. No professional advice

Content on this Site (including blog posts, FAQs, learning-center articles, and AI-generated output) is provided for general informational purposes only and does not constitute professional engineering, legal, financial, tax, or medical advice. Equipment recommendations depend on your home, climate, budget, code requirements, and many other factors. For a specific recommendation, please schedule an in-home consultation with a Colorado Bear technician.

11. Intellectual property and limited license

All content on the Site — including text, graphics, photos, illustrations, logos, icons, audio, video, software, and the look-and-feel — is owned by Colorado Bear Heating & Air or its licensors and is protected by copyright, trademark, and other intellectual-property laws. “Colorado Bear,” “Colorado Bear Heating & Air,” the bear mark, and our tagline “Colorado Comfort, Done Right.” are trademarks of Colorado Bear Heating & Air.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. You may not copy, reproduce, republish, modify, rent, lease, sell, distribute, scrape, frame, mirror, reverse-engineer, decompile, or create derivative works from the Site or its content without our prior written consent.

12. Acceptable use

You agree not to use the Site or Services to:

• Violate any law, regulation, or third-party right;
• Submit false, misleading, or fraudulent information;
• Interfere with or disrupt the Site or any servers or networks connected to it;
• Probe, scan, or test the vulnerability of any of our systems;
• Use any robot, scraper, or other automated means to access the Site without our prior written consent;
• Send spam, phishing messages, or malicious code;
• Harass, threaten, or harm our team or other customers;
• Infringe our or any third party’s intellectual-property or privacy rights;
• Misuse our SMS or email channels (see § 7 of our Privacy Policy).

13. User submissions

You may share photos, descriptions, reviews, testimonials, or other content with us (each a “Submission”). You retain ownership of your Submissions, but you grant us a worldwide, royalty-free, non-exclusive, perpetual, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display them for the purposes of operating, marketing, and improving the Services (including on the Site, on social media, and in advertising). You represent that you own or have all necessary rights to grant this license, and that your Submission does not infringe any third-party rights or violate any law.

14. Binding arbitration; class-action waiver; 30-day opt-out

Please read this section carefully. It affects how disputes with us are resolved.

14.1 Mandatory arbitration. You and Colorado Bear Heating & Air agree that any and all disputes, claims, or controversies arising out of or relating to the Site, the Services, or these Terms — including the validity, scope, or enforceability of this arbitration provision — will be resolved exclusively by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the claim is filed. The arbitration will take place in Douglas County, Colorado (or, at your election, by telephone or videoconference). The arbitrator’s award will be final and may be entered as a judgment in any court of competent jurisdiction.

14.2 Class-action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14.3 Exceptions. The following are not subject to mandatory arbitration: (a) small-claims-court actions brought on an individual basis within the small-claims court’s jurisdictional limits; (b) claims for injunctive relief to stop unauthorized use or abuse of the Site or infringement of intellectual-property rights; and (c) any claim that cannot be arbitrated as a matter of law.

14.4 Pre-dispute notice. Before starting an arbitration, you agree to send us a written notice describing the dispute and the relief you seek to [email protected] with the subject “Dispute notice,” and we agree to send any notice to you at the address or email on file. Both sides will attempt in good faith to resolve the dispute informally for thirty (30) days before initiating arbitration.

14.5 30-day opt-out. You may opt out of this arbitration provision within thirty (30) days of your first acceptance of these Terms by emailing [email protected] with the subject “Arbitration opt-out” and including your name, address, phone number on file, and a clear statement that you opt out. Opting out does not affect any other part of these Terms.

14.6 Fees. We will pay arbitration filing and administrative fees in accordance with the AAA Consumer Arbitration Rules. Each side bears its own attorneys’ fees and costs unless the arbitrator awards otherwise.

14.7 Survival and severability. If the class-action waiver is found unenforceable, the remainder of this section will be void and disputes will be resolved in court under § 15. The rest of this section will otherwise survive.

15. Governing law and venue

These Terms and any dispute arising out of or relating to them, the Site, or the Services are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Except for claims subject to arbitration under § 14, the exclusive venue for any action is the state or federal courts located in Douglas County, Colorado, and you consent to the personal jurisdiction of those courts.

16. Indemnification

You agree to indemnify, defend, and hold harmless Colorado Bear Heating & Air, its officers, owners, employees, contractors, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site or Services, (b) your breach of these Terms, (c) your Submissions, or (d) your violation of any law or third-party right.

17. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or applicable law, or to protect the security, integrity, or availability of the Site. The provisions of these Terms that by their nature should survive termination (including §§ 7–17 and § 21) will survive.

18. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Material changes will be highlighted on the Site or communicated by other reasonable means. Your continued use of the Site or Services after changes take effect indicates your acceptance.

19. Third-party services

Our Site links to and integrates with third-party services (for example, Synchrony for financing, Housecall Pro for booking and payments, Google Maps for directions). Your use of those services is governed by their own terms and privacy policies, which we recommend you review.

20. Privacy and your privacy choices

Our collection and use of personal information is described in our Privacy Policy. California and Colorado residents can exercise their privacy rights — including the right to opt out of the sale or sharing of personal information — through the Your Privacy Choices section of the Privacy Policy. Our Services are offered only in Colorado; if you access the Site from another state, you do so at your own risk and you agree that Colorado law governs as described in § 15.

21. Miscellaneous

Entire agreement: these Terms, together with our Privacy Policy and any written work order, installation agreement, or maintenance agreement we sign with you, are the entire agreement between you and us regarding the Site and the Services. They supersede any prior or contemporaneous understandings.

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

No waiver: our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment: you may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or to a successor in a merger, acquisition, or asset sale.

Force majeure: we are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including weather, fire, flood, supply-chain disruption, labor shortages, pandemic, government action, or utility outage.

Headings: headings in these Terms are for convenience only and do not affect interpretation.

22. Contact us

Colorado Bear Heating & Air
2237 Deer Holw Trl, Castle Rock, CO 80104
Phone: (720) 790-3765
Email: [email protected]