Terms of Service

These Terms of Service and Terms of Use (the “Terms“) govern your access to and use of the website located at [website URL] (the “Site“), together with the online tools, price estimates, quote quiz, rebate information, lead and inquiry forms, and other content and services offered through the Site (collectively, the “Services“). The Site and Services are operated by Boston Comfort Systems (“Boston Comfort Systems,” “we,” “us,” or “our“), a residential and commercial HVAC and refrigeration contractor located in West Roxbury, Massachusetts.

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Site or Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Site or Services.

These Terms govern your use of the Site and your interactions with our online estimates, quote quiz, and inquiry forms only. They do not govern the performance of any HVAC, refrigeration, installation, repair, maintenance, or other service work. Any such work is governed exclusively by a separate written agreement signed by you and Boston Comfort Systems, as described in Section 4 below.

Nothing in these Terms limits, waives, or diminishes any right or remedy available to you as a consumer under Massachusetts law, including the Massachusetts Consumer Protection Act (M.G.L. c. 93A), the Home Improvement Contractor statute (M.G.L. c. 142A), the implied warranties under M.G.L. c. 106, or any other applicable statute. Where any provision of these Terms would conflict with a non-waivable statutory right, the statutory right controls.

1. Eligibility and Acceptance

You must be at least 18 years of age and capable of forming a legally binding contract to use the Site and Services. By using the Site, you represent and warrant that you meet these requirements and that any information you provide is accurate, current, and complete. If you use the Site on behalf of a business or other organization, you represent that you are authorized to bind that organization to these Terms.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes, as described in Section 15.

2. The Site Is Provided for Information Purposes

The Site and its content are made available to you for general informational purposes and to help you learn about our company, our service offerings, approximate pricing, potential rebates, and how to request service. To the fullest extent permitted by law, and except for any warranty that cannot lawfully be excluded, the Site and its content are provided on an “as is” and “as available” basis for your convenience and information.

Nothing on the Site:

• constitutes a binding offer capable of acceptance by you;
• constitutes professional, engineering, technical, legal, financial, tax, or safety advice on which you should rely without independent verification;
• constitutes a guarantee of price, availability, scheduling, product performance, energy savings, rebate eligibility, or any particular outcome; or
• creates a contract for services between you and Boston Comfort Systems.

You should not act, or refrain from acting, on the basis of any content on the Site without confirming the relevant facts with us directly and, where appropriate, obtaining an on-site inspection and a signed written agreement.

3. Estimates, the Quote Quiz, Pricing, and Rebate Information

3.1 Estimates and the Quote Quiz Are Non-Binding

The Site may display price estimates and may offer an interactive “quote quiz” or similar tool that generates an approximate, preliminary price range based on the limited information you provide. All estimates, quotes, price ranges, and quiz results are approximate, preliminary, and non-binding. They are generated from general assumptions and the limited information available online, without the benefit of an on-site inspection.

Actual pricing depends on many factors that cannot be assessed online, including the condition, age, and configuration of your existing equipment and property; the scope of work required; equipment and material selection and availability; site access; permitting; code compliance; labor; and prevailing market conditions. Any estimate is subject to confirmation following an on-site inspection, and a final, binding price will be provided only in a separate written proposal or agreement. We are not obligated to honor any estimate, quiz result, or price displayed on the Site.

3.2 Errors and Corrections

Despite our reasonable efforts, information on the Site, including prices, estimates, product descriptions, availability, specifications, and rebate details, may contain typographical errors, inaccuracies, or omissions, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have submitted an inquiry or completed the quote quiz). We are not liable to you for any such error, inaccuracy, or omission on the Site itself, subject to Section 9.

3.3 Mass Save and Rebate Information

Any information on the Site regarding Mass Save® programs, rebates, incentives, tax credits, or financing is provided for general informational purposes only and is subject to change by the sponsoring utilities, program administrators, and government agencies. Boston Comfort Systems does not administer these programs, does not control their terms, and does not guarantee your eligibility for, or the amount, availability, or timing of, any rebate, incentive, or credit. Eligibility and amounts are determined solely by the applicable program administrator or agency and are subject to their rules, funding availability, and application process. You are responsible for confirming current program terms and your eligibility directly with the applicable program. “Mass Save” is a registered service mark of its respective owner and is used here for identification only; we are not affiliated with or endorsed by it unless expressly stated.

4. Service Work Is Governed by a Separate Written Agreement

These Terms do not create any obligation for us to perform, or for you to purchase, any services. No service relationship is formed, and no work is authorized, unless and until you and Boston Comfort Systems enter into a separate written agreement (such as a signed proposal, work order, service contract, or home improvement contract) that describes the specific scope of work, final pricing, and other applicable terms (the “Service Agreement“).

For residential work that qualifies as home improvement under Massachusetts law, the Service Agreement will comply with the Massachusetts Home Improvement Contractor Law, M.G.L. c. 142A, and its implementing regulations, including required contract terms and disclosures. The terms of the Service Agreement, including any warranty, payment, cancellation, and dispute-resolution provisions, will govern the actual work and will control over these Terms with respect to that work. Nothing in these Terms waives, limits, or supersedes any right you have under M.G.L. c. 142A, including any right relating to arbitration under that statute.

5. Submissions Through Lead Forms, the Quote Quiz, and Inquiries

When you submit a request for service, an inquiry, contact details, or responses through the lead form, quote quiz, or other interactive features (each, a “Submission“), you agree that:

• the information you provide is accurate and complete to the best of your knowledge;
• a Submission is a request for information or a quote only and does not obligate either you or us to enter into any transaction;
• we may use your Submission to respond to you, prepare an estimate, schedule an inspection, and otherwise communicate with you, including by phone, text message, and email at the contact information you provide, consistent with our Privacy Policy and applicable law; and
• you grant us a non-exclusive, royalty-free license to use the information in your Submission for the purposes of providing and improving the Services, subject to our Privacy Policy.

You are responsible for maintaining the confidentiality of any account credentials associated with the Site and for all activity under your account, if applicable.

6. Acceptable Use

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not permit any third party to:

• use the Site in any manner that violates any applicable federal, state, or local law or regulation;
• submit false, misleading, fraudulent, or impersonating information, or use another person’s information without authorization;
• upload or transmit any material that is unlawful, defamatory, harassing, obscene, infringing, or that contains viruses, malware, or other harmful code;
• attempt to gain unauthorized access to the Site, other users’ accounts, or any systems or networks connected to the Site;
• interfere with, disrupt, or impose an unreasonable load on the Site or its infrastructure, including through denial-of-service attacks, scraping, data mining, or automated collection of content or data without our prior written consent;
• use the Site or its content for any commercial purpose that competes with us, or to develop a competing product or service;
• reverse engineer, decompile, or attempt to derive the source code of any software used to provide the Services, except to the extent this restriction is prohibited by law; or
• remove, obscure, or alter any copyright, trademark, or other proprietary notice on the Site.

We reserve the right, but have no obligation, to monitor the Site, investigate suspected violations, and suspend or terminate access to any user who violates these Terms or applicable law, in our sole discretion and without liability, subject to your rights under Massachusetts law.

7. Intellectual Property

The Site and all content and materials on it, including text, graphics, logos, images, photographs, videos, illustrations, designs, layout, the quote quiz and its logic, software, and the selection and arrangement of all of the foregoing (collectively, the “Content“), are owned by or licensed to Boston Comfort Systems and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and to view, download, and print Content solely for your own personal, non-commercial use in evaluating our Services. This license does not permit any resale or commercial use of the Site or Content; any collection or use of product listings, descriptions, or prices; any derivative use; or any use of data mining, robots, or similar tools. All rights not expressly granted are reserved.

“Boston Comfort Systems,” our logo, and other names, marks, and slogans on the Site are trademarks or service marks of Boston Comfort Systems. You may not use them without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.

8. Third-Party Links, Products, and Services

The Site may contain links to third-party websites, resources, products, or services, including utility and rebate program pages, manufacturers, and financing providers, that are not owned or controlled by Boston Comfort Systems. We provide these links for your convenience only. We do not endorse and are not responsible for the content, accuracy, products, services, privacy practices, or availability of any third-party site or resource. Your access to and use of any third-party site or resource, and any dealings you have with any third party, are solely between you and that third party and are subject to that third party’s terms and policies. You access third-party sites at your own risk.

9. Disclaimers

The following disclaimers apply to your use of the Site and its Content and do not apply to, limit, or disclaim any warranty relating to goods or services that we may sell to you, which are addressed exclusively in the Service Agreement.

To the fullest extent permitted by applicable law, and subject to the express limitations below, the Site, the Services, and the Content are provided on an “as is” and “as available” basis. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Site is free of viruses or other harmful components, or that any estimate, quiz result, rebate information, or other Content will be accurate, complete, current, or reliable.

IMPORTANT, YOUR CONSUMER RIGHTS ARE NOT AFFECTED: Nothing in this Section or in these Terms excludes, disclaims, restricts, or modifies any implied warranty (including the implied warranties of merchantability and fitness for a particular purpose) or any other right or remedy that applies to goods or services sold to you as a consumer and that may not lawfully be excluded or limited under Massachusetts law, including M.G.L. c. 106 § 2-316A and M.G.L. c. 93A. Under Massachusetts law, any attempt by a seller to disclaim or limit such implied warranties to a consumer is unenforceable, and we make no such attempt. To the extent applicable law does not allow the exclusion of certain warranties, the exclusions in this Section apply to you only to the extent permitted by that law.

10. Limitation of Liability

The limitations in this Section apply only to the maximum extent permitted by Massachusetts and other applicable law, and are subject in all respects to the carve-outs stated below.

To the fullest extent permitted by applicable law, in no event will Boston Comfort Systems or its owners, officers, employees, agents, or suppliers be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, 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, the Services, or the Content, including any estimate, quote quiz result, rebate information, or other Content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total aggregate liability of Boston Comfort Systems arising out of or relating to your use of the Site, the Services, and the Content (as distinct from any Service Agreement) will not exceed one hundred dollars ($100.00).

CARVE-OUTS, WHAT THIS SECTION DOES NOT LIMIT: Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. In particular, the limitations and exclusions in this Section do not apply to, and shall not be construed to limit or waive:

• liability for gross negligence, recklessness, or willful, wanton, or intentional misconduct;
• liability for death or personal injury;
• any right or remedy, or any measure of damages (including multiple or treble damages and attorney’s fees), available to you under the Massachusetts Consumer Protection Act, M.G.L. c. 93A;
• any implied warranty or other right that may not be disclaimed or limited to a consumer under M.G.L. c. 106 § 2-316A or other applicable law;
• any right or remedy under M.G.L. c. 142A relating to home improvement work; or
• any other liability that applicable law does not permit to be limited or excluded.

Because some jurisdictions do not allow the exclusion or limitation of certain damages, in those jurisdictions our liability is limited to the maximum extent permitted by law. This Section allocates the risks between the parties and is a fundamental basis of the bargain; it survives any termination of these Terms.

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Boston Comfort Systems and its owners, officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Site or Services; (c) your violation of any law or of the rights of any third party in connection with your use of the Site; or (d) any false or misleading information you submit through the Site.

This indemnification obligation does not apply to any claim to the extent it arises from Boston Comfort Systems’ own negligence, gross negligence, willful misconduct, or violation of law, and does not require you to indemnify us for our own wrongdoing. We agree to use reasonable efforts to notify you of any claim for which we seek indemnification and to allow you to participate in the defense; we will not settle any such claim in a manner that imposes liability on you without your prior consent. Nothing in this Section requires you to waive any non-waivable statutory right.

12. Governing Law and Venue

These Terms and any dispute or claim arising out of or relating to them or to your use of the Site or Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles, and by applicable United States federal law. Subject to Section 13, you and Boston Comfort Systems agree that the exclusive venue for any dispute not subject to arbitration will be the state courts located in Suffolk County or Norfolk County, Massachusetts, or the United States District Court for the District of Massachusetts, and each party consents to the personal jurisdiction of those courts. Nothing in this Section deprives you of the protection of any mandatory consumer-protection law of Massachusetts or of any right to bring a proceeding in a small claims court of competent jurisdiction.

13. Dispute Resolution; Optional Arbitration; Class-Action Matters

13.1 Informal Resolution First

We want to resolve any concern you have quickly and fairly. Before initiating any formal proceeding, you agree to first contact us using the information in Section 20 and to give us a reasonable opportunity, at least thirty (30) days, to resolve the matter informally. Many disputes can be resolved this way.

13.2 Consumer Protection Act Notice (M.G.L. c. 93A)

If you are a consumer and believe you have a claim under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, you may be required to send us a written demand for relief at least thirty (30) days before filing suit, and we may respond with a written tender of settlement. Nothing in these Terms waives, shortens, or otherwise affects your rights or our obligations under c. 93A.

13.3 Optional Arbitration

Arbitration under this Section is offered as an optional, mutually available alternative to litigation and is not a condition of using the Site. If, after the informal-resolution period, both you and Boston Comfort Systems agree in a signed writing to do so, any dispute arising out of or relating to these Terms or your use of the Site may be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, seated in Massachusetts. Any arbitration will be governed by the Federal Arbitration Act and Massachusetts law.

The following protections apply to any such arbitration and are essential terms:

• Arbitration is optional and requires the mutual, written agreement of both parties entered into after the dispute arises; you are not required to arbitrate and do not waive your right to go to court by using the Site.
• Arbitration under this Section does not apply to, and does not limit, any right you have to statutory arbitration under M.G.L. c. 142A for home improvement work, nor any right you have to pursue remedies under M.G.L. c. 93A.
• You retain the right to bring an individual action in small claims court, and either party may seek injunctive relief for intellectual-property or unauthorized-access matters in court.
• Nothing in this Section limits your ability to file a complaint with any government agency or to pursue any remedy that cannot be waived as a matter of law.

13.4 Class-Action Waiver (Limited and Severable)

To the extent permitted by applicable law, and only where enforceable, you and Boston Comfort Systems 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, or representative proceeding. This class-action waiver is included only to the extent it is enforceable under Massachusetts and federal law. If a court or arbitrator determines that this waiver is unenforceable or unconscionable as to any claim or remedy, including under the reasoning of Massachusetts appellate authority concerning class-waiver enforceability, then this waiver shall not apply to that claim or remedy, and the remainder of these Terms shall continue in full force. This waiver does not apply to any claim or remedy that may not be waived under applicable law, and does not prevent you from participating in any action brought by a government agency.

14. Force Majeure

Boston Comfort Systems will not be liable or deemed in default for any delay or failure to perform under these Terms resulting from causes beyond our reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, internet or hosting-provider outages, supplier or material shortages, cyberattacks, or governmental action. This Section does not limit any non-waivable right or remedy you may have under Massachusetts law.

15. Changes to These Terms

We may modify these Terms from time to time. When we do, we will revise the “Last updated” date at the top of these Terms and post the revised version on the Site. Material changes will be effective upon posting or on such later date as we may specify. Your continued use of the Site after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. Changes to these Terms do not modify any existing Service Agreement, which may be amended only as provided in that agreement.

16. Suspension and Termination

We may suspend, restrict, or terminate your access to the Site or Services at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Site, our users, or our rights. You may stop using the Site at any time. Sections that by their nature should survive termination, including Sections 7, 9, 10, 11, 12, 13, 17, 18, 19, and 20, will survive.

17. Severability

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, including any provision found to overreach under Massachusetts consumer-protection law, that provision will be enforced to the maximum extent permissible, or if it cannot be so enforced, it will be severed and deemed removed, and the remaining provisions will remain in full force and effect. The parties intend that these Terms be construed so as to be enforceable and consistent with Massachusetts law.

18. Entire Agreement; No Waiver; Assignment

These Terms, together with our Privacy Policy and any other policies referenced here, constitute the entire agreement between you and Boston Comfort Systems regarding your use of the Site and Services, and supersede any prior or contemporaneous understandings on that subject. These Terms do not supersede, and are separate from, any Service Agreement, which governs the actual work.

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other right, and any waiver must be in writing to be effective. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent; any attempted assignment in violation of this Section is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns. There are no third-party beneficiaries to these Terms.

19. Interpretation and Consumer-Rights Priority

Headings are for convenience only and do not affect interpretation. The words “including” and “include” mean “including without limitation.” These Terms will not be construed against any party as the drafter. In the event of any conflict between any provision of these Terms and a non-waivable right afforded to you under Massachusetts law, the Massachusetts law controls and the conflicting provision will be read down or severed to the extent necessary to comply with that law.

20. Contact Us

If you have any questions about these Terms, or wish to send any notice (including any demand under M.G.L. c. 93A), please contact:

• Boston Comfort Systems
• West Roxbury, MA 02132
• Email: support@bostoncomfortsystems.com
• Phone: (617) 675-7571
• Massachusetts Home Improvement Contractor (HIC) registration available on request
• Massachusetts Construction Supervisor License No.: [CSL #, if applicable]

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Terms of Use.

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Boston Comfort Systems
West Roxbury, MA 02132
(617) 675-7571 · support@bostoncomfortsystems.com