HVAC Rescue Terms of Service and Conditions of Use

Effective Date: August 13, 2026
Last Updated: August 13, 2026
Version: CPK-WEB-LEGAL-2026.3-HVAC_RESCUE

Important notice: If you affirmatively accept these Terms, Section 21 contains a binding arbitration agreement and class-action waiver. It affects how disputes may be resolved. Please read it carefully.

These Terms of Service and Conditions of Use (the “Terms”) govern the Platform and, when accepted through a valid assent mechanism, form a binding agreement between you and CPK Home Services, Inc., a Texas corporation (“CPK,” “Company,” “we,” “us,” or “our”). CPK owns and operates HVAC Rescue as a consumer-facing brand. HVAC Rescue is not a separate legal entity.

These Terms govern your access to and use of https://www.hvacrescue.com, its subdomains and landing pages (collectively, the “Site”), and telephone numbers displayed for the brand, forms, planners, calculators, emails, text messages, and related information, advertising, call-routing, request-routing, and connection features (collectively with the Site, the “Platform”).

HVAC Rescue is a nationwide HVAC information, advertising, call-routing, request-routing, and heating-and-cooling professional connection service. The Platform may provide information about air-conditioning repair, heating repair, maintenance, replacement, heat pumps, furnaces, indoor-air-quality equipment, thermostats, ductwork, and related HVAC services and may connect consumers with independent HVAC contractors and technicians. CPK may receive compensation for qualified calls, service requests, appointments, transactions, advertising events, or other outcomes. Compensation does not increase the amount a consumer is obligated to pay CPK because CPK ordinarily does not charge consumers to use the connection service.

Brand-Specific Service Terms

HVAC Rescue does not diagnose, sell, install, repair, commission, inspect, supervise, or warrant HVAC equipment or work. Equipment sizing, combustion safety, refrigerant work, electrical work, ventilation, and indoor-air-quality recommendations require qualified professional assessment.

Manufacturer warranties, labor warranties, rebates, tax credits, utility incentives, efficiency ratings, and estimated energy savings are controlled by third parties and applicable requirements. CPK does not guarantee eligibility, performance, savings, comfort, air quality, or system life.

People shown in photographs or videos may be actors, models, stock-image subjects, or illustrative contractors and are not necessarily actual providers in CPK’s network or available in your area. Unless expressly identified, branded vehicles, uniforms, tools, project images, before-and-after images, and visual examples do not establish that CPK performed the depicted work or that the depicted provider is available through the Platform.

Independent provider relationship. Any actual estimate, diagnosis, inspection, product, contract, financing, payment, warranty, permit, scheduling, or work relationship is between you and the independent provider or third party you choose. You must independently evaluate the provider and verify credentials, insurance, references, scope, exclusions, price, payment terms, permits, warranties, and applicable legal requirements.

1. Acceptance of These Terms

These Terms apply to the Platform. Where the Platform presents an unchecked box, button, modal, or other control that clearly states that selecting it means you agree to these Terms, your affirmative selection and submission constitute your electronic signature and acceptance of the then-current version of these Terms, including Section 21. CPK may retain the exact disclosure, Terms version, timestamp, IP address, user agent, source page, session or request identifier, and affirmative action as evidence of assent.

When we ask you to accept these Terms through a request flow, we will present conspicuous links to these Terms and the Privacy Policy immediately next to the acceptance control. The control will not be preselected, hidden, bundled with unrelated optional marketing permission, or phrased merely as “Continue” without explaining that the action signifies agreement.

For features that do not present an affirmative assent control—including merely browsing publicly available content or manually placing an inbound telephone call—these Terms state the rules and limitations governing the Platform to the maximum extent permitted by law. CPK does not contend that a hidden footer link, mere browsing, or a telephone call without reasonably conspicuous notice alone creates consent to arbitration where applicable law requires affirmative assent. Section 21 applies only where a valid agreement to arbitrate was formed.

If you do not agree, do not submit a request or use a feature that requires acceptance. You may review publicly available content subject to applicable law and any provisions that can lawfully apply without separate assent.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Platform. If you use the Platform on behalf of a company, property owner, tenant, family member, or another person, you represent that you are authorized to act for that person or entity and to provide the information you submit.

Merely visiting the Site does not, by itself, authorize marketing calls or text messages. Any consent to receive calls, texts, prerecorded or artificial-voice messages, or communications using automated technology is governed by the specific disclosure presented when you provide your contact information.

2. What CPK Home Services Does

CPK operates consumer information, advertising, referral, call-routing, request-routing, and provider-connection websites. Depending on the feature and your request, the Platform may:

provide educational information about home services, common problems, estimated costs, and questions to ask a service provider;
collect information about the service you are seeking;
route an inbound call or online request to an independent home-service provider, referral network, call center, or marketplace;
help identify providers that may serve your location and requested service category;
facilitate follow-up communications about your request; and
measure calls, requests, appointments, and other events for operations, quality assurance, fraud prevention, analytics, attribution, and compensation purposes.

3. What CPK Home Services Does Not Do

CPK is not a HVAC contractor, does not hold itself out as the professional performing the requested heating and air conditioning work, and does not itself perform, supervise, direct, control, inspect, warrant, or guarantee that work.

Unless the Site expressly and unambiguously states otherwise:

CPK does not employ the independent providers to whom a request may be routed;
CPK is not a party to any estimate, work order, service agreement, financing agreement, warranty, insurance assignment, or other contract between you and a provider;
CPK does not set a provider’s prices, diagnostic fees, service-call charges, schedules, warranties, financing terms, or methods of work;
CPK does not guarantee that a provider will accept your request, contact you, arrive within a particular time, provide a quote, perform work, or achieve a particular result; and
CPK does not guarantee that any service will be available in every location, at every time, or for every type of property or problem.

Your relationship concerning the actual home service is directly with the independent provider you choose or engage.

4. Independent Service Providers

Providers who receive requests through the Platform are independent businesses. They are solely responsible for their personnel, vehicles, equipment, permits, licensing, insurance, bonding, background checks, safety practices, pricing, representations, contracts, warranties, workmanship, property access, code compliance, and legal compliance.

CPK may obtain or rely on information supplied by a provider, a referral network, public records, or a third-party data source. Unless the Site specifically states that a particular credential was independently verified as of a stated date, you should not assume that CPK has independently verified or continuously monitors a provider’s identity, ownership, licensing, insurance, bonding, certifications, experience, complaint history, background, financial condition, or suitability.

Before authorizing work, you should independently:

confirm the provider’s legal business name and contact information;
verify required state and local licenses, registrations, insurance, and bonding;
request a written scope of work and itemized estimate;
understand diagnostic, dispatch, cancellation, emergency, overtime, permit, material, and change-order charges;
review warranties, exclusions, financing terms, and cancellation rights;
confirm who will obtain permits and inspections; and
use reasonable judgment before allowing anyone into your home or onto your property.

You are never required to hire a provider merely because CPK connected you with that provider.

5. How Requests May Be Routed; Compensation Disclosure

A call or form submission may be routed directly to a provider or through one or more referral partners, call networks, marketplaces, call centers, technology vendors, or other intermediaries. The provider or network that receives a request may be selected based on factors such as:

the service category, problem description, property type, and location you provide;
the provider’s stated service area, hours, capacity, and availability;
call-answering or request-acceptance performance;
licensing or credential information available to us or a network;
prior consumer experience or operational performance;
contractual eligibility, campaign restrictions, and routing rules;
the source of the request and technical attribution data; and
commercial relationships and compensation arrangements.

CPK may receive compensation for advertising, a qualified call, a submitted request, a transferred call, an appointment, a completed transaction, or another measurable event. Compensation may differ among providers and may influence which provider or network receives a request, the order in which options are displayed, or how a call is routed. Unless expressly stated, placement or routing is not a neutral ranking of every available provider and is not a guarantee that a provider is the “best,” least expensive, or most qualified option.

Submitting a request does not guarantee that you will receive multiple quotes. A request may be sent to one provider, more than one provider, or no provider, depending on availability and the consent presented to you.

6. No Emergency Service; Important Safety Notice

Neither HVAC Rescue nor CPK is a 911 service, utility, fire department, emergency dispatcher, environmental-response authority, or guarantor of emergency availability. A Site label such as “emergency,” “urgent,” “rescue,” “fast,” or “24/7” describes the type of consumer need or a participating provider's stated capability; it is not a promise that CPK or any provider will answer, accept, dispatch, arrive, or resolve the condition within a particular time.

Heating and cooling systems may involve electricity, gas, combustion, carbon monoxide, refrigerant, pressure, hot surfaces, condensate, and moving equipment. For a gas odor, carbon-monoxide alarm, smoke, fire, suspected refrigerant exposure, or immediate danger, leave the area and contact 911, the fire department, gas utility, poison control, or another appropriate authority. Do not bypass safety controls or handle refrigerant without required qualifications.

Use your judgment, follow instructions from public authorities, and do not delay emergency assistance while using the Platform.

7. Service Requests and Your Responsibilities

When you submit a request, you agree to provide current, accurate, and complete information. You must not:

submit a telephone number, email address, property address, or other information that you are not authorized to use;
impersonate another person or falsely claim authority over a property;
submit false, deceptive, harassing, fraudulent, or duplicate requests;
use the Platform to solicit providers for unrelated products or services;
interfere with call routing, tracking, attribution, security, or fraud-detection systems; or
knowingly omit material facts that make the requested work unsafe or unlawful.

You are responsible for determining whether you have authority from the owner, tenant, property manager, insurer, lienholder, homeowners’ association, or other affected party to request an inspection, estimate, or work.

We may reject, pause, reroute, or close a request when information is incomplete, service is unavailable, a request appears fraudulent or abusive, or doing so is reasonably necessary for safety, security, legal compliance, or Platform integrity.

8. Calls, Text Messages, Email, and Electronic Communications

8.1 Communications About a Request

When you provide contact information and request assistance, you authorize CPK to use the channels and contact details you provide to respond to and administer that request, subject to the disclosure shown at the point of collection. Communications may include request confirmations, questions needed to route the request, call-back attempts, scheduling or connection messages, status updates, customer-care messages, and requests for feedback.

The first communication may identify both CPK Home Services, Inc. and the applicable consumer-facing brand. Telephone numbers displayed on the Sites may be tracking or routing numbers and may not be the provider’s permanent business number.

8.2 Independent Provider Communications

If you ask us to connect you with an independent provider, we may disclose the information reasonably necessary for that provider to respond. The provider is independently responsible for its subsequent communications and its compliance with applicable calling, texting, email, do-not-call, consent, and opt-out laws.

For calls or texts that require prior express written consent, automated technology consent, prerecorded/artificial-voice consent, or seller-specific consent, the disclosure and consent presented at the point of collection control. CPK does not treat a general agreement to these Terms as a substitute for any consent that applicable law requires to be clear, conspicuous, signed, unambiguous, or specific to an identified caller or seller.

Where a form requests consent to receive marketing calls or texts using automated technology or a prerecorded/artificial voice, that consent is not a condition of purchasing any property, goods, or services. You may choose not to provide marketing consent and may still contact a provider through other available methods.

8.4 Message Terms and Opt-Outs

Message frequency varies. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.

You may opt out of CPK text messages by replying STOP to a message. You may request help by replying HELP. You may also contact us using the information in Section 25. We may send a single confirmation that your opt-out was processed. Opting out of marketing communications does not prevent non-marketing communications that are reasonably necessary to complete an active request, provide a requested response, document a transaction, protect security, or comply with law.

An independent provider may operate its own communication program. You should send opt-out requests directly to that provider as well. Where required by law or reasonably feasible, CPK will relay or help effectuate an opt-out concerning providers to whom CPK transmitted your request.

We do not sell or disclose mobile numbers or text-message opt-in records to third parties for their unrelated marketing. We may disclose them to vendors that operate communications for us and to a specifically identified or consumer-selected provider as needed to fulfill the request, document consent, or comply with law.

8.5 Your Telephone and Email Information

By providing a telephone number or email address, you represent that you are the current subscriber, customary user, or authorized user of that number or address. You agree to notify us promptly if your contact information changes. You are responsible for charges imposed by your carrier or service provider.

8.6 Electronic Signatures and Records

You consent to receive disclosures, notices, and records electronically. Your electronic action, including selecting a checkbox or submitting a form after a disclosure is presented, may constitute your electronic signature to the extent permitted by law. You may retain a copy of these Terms by printing or saving them.

9. Call Recording and Monitoring

Calls made to or from numbers associated with the Platform may be monitored, transcribed, or recorded for routing, quality assurance, training, customer service, fraud prevention, dispute resolution, analytics, attribution, consent documentation, and legal compliance.

Where applicable law requires notice or consent from all participants, we intend to provide an audible or other legally sufficient notice before recording. By continuing a call after receiving that notice, you consent to recording to the extent permitted by law. If you do not consent, end the call and use a non-recorded method that we make available, such as an online form or email.

Do not disclose Social Security numbers, bank-account credentials, payment-card information, medical records, government identification numbers, passwords, or other unnecessary sensitive information during a recorded call or through an open-text field.

10. Quotes, Prices, Cost Content, and Payments

HVAC Rescue publishes educational information and estimated cost ranges under a documented editorial process. That process includes credible sourcing, programmatic review, ongoing monitoring, and updates when material information changes. Estimated ranges are based on standardized project scenarios that consider the service, location, materials, project scope, access or accessibility, labor requirements, installation or property conditions, and other relevant factors. Each scenario is reviewed through multiple independent analyses using the same information. We compare the results, remove material outliers when appropriate, and use the remaining findings to develop an estimated low-to-high range. Published ranges are research-based estimates, not guaranteed prices or provider quotes. The separate Editorial Standards page explains this process in more detail.

HVAC prices vary with diagnosis, equipment type and capacity, efficiency rating, refrigerant, electrical work, controls, duct condition, permits, crane or attic access, code upgrades, manufacturer requirements, warranty status, seasonal demand, and hidden conditions. Efficiency, comfort, savings, rebate, and payback examples are not guarantees.

Unless a specific provider gives you a written offer, all prices, ranges, averages, calculators, financing examples, and timelines shown by HVAC Rescue are non-binding planning information. CPK does not set provider prices and does not guarantee savings, availability, financing, incentives, rebates, warranties, or project results.

Unless expressly stated in a separate written agreement, CPK does not collect payment for provider work. Any estimate, deposit, contract, invoice, financing, warranty, refund, lien, chargeback, or payment dispute is between you and the applicable provider, seller, lender, or other third party. Verify identity and payment instructions before paying.

11. Insurance, Financing, Claims, and Regulated Advice

CPK is not an insurer, adjuster, utility, rebate administrator, manufacturer, engineer, environmental consultant, or health professional. Information about claims, incentives, energy use, indoor air quality, mold, carbon monoxide, or health effects is general and does not replace professional or emergency advice.

You are responsible for reviewing contracts and disclosures and for consulting an appropriately licensed professional regarding legal, insurance, financial, engineering, environmental, health, tax, code, or safety questions.

12. Informational Content; No Professional Advice

Site content may include articles, FAQs, cost information, issue descriptions, comparison information, checklists, provider-selection tips, and other educational materials. This content is provided for general informational purposes and is not a substitute for an on-site evaluation or advice from a licensed contractor, electrician, plumber, engineer, industrial hygienist, mold professional, restoration professional, attorney, insurer, adjuster, tax adviser, or other qualified professional.

Conditions differ by property and jurisdiction. Building codes, permit rules, licensing rules, product specifications, prices, rebates, insurance terms, and safety standards may change. We review and maintain content under the process described in our Editorial Standards, but general information cannot account for every property or circumstance and is not warranted to be error-free or suitable for a particular project.

13. User Submissions

You may be able to submit descriptions, answers, photographs, videos, recordings, documents, reviews, or other materials (“User Submissions”). You retain ownership of your User Submissions.

You grant CPK a nonexclusive, worldwide, royalty-free license to host, copy, process, analyze, transmit, and disclose a User Submission only as reasonably necessary to operate the Platform, respond to your request, route it to an authorized recipient, prevent fraud, comply with law, or resolve a dispute. We will not use a private service-request photograph as a public advertisement or testimonial without separate permission.

You represent that you have the right to submit the material and that doing so does not violate another person’s privacy, confidentiality, intellectual-property, publicity, contractual, or property rights. Do not submit confidential documents or sensitive personal information that is unnecessary for the request.

We may remove or decline to process User Submissions that we reasonably believe are unlawful, unsafe, infringing, deceptive, abusive, or unrelated to the Platform.

14. Acceptable Use

You may use the Platform only for lawful, personal, household, or legitimate business purposes consistent with these Terms. You may not, directly or through another person or automated system:

violate any law, regulation, court order, or third-party right;
scrape, crawl, harvest, copy, index, or extract Site content or data at scale except as permitted by our robots instructions or written authorization;
use Site content, structured data, or request data to build a competing directory, lead database, search product, or machine-learning or generative-AI training dataset without written permission;
reverse engineer, bypass, disable, or interfere with security, rate limits, call tracking, attribution, forms, or technical restrictions;
introduce malware, malicious code, denial-of-service traffic, or harmful content;
attempt unauthorized access to accounts, systems, data, or communications;
send spam, fraudulent requests, or abusive messages;
misrepresent affiliation with CPK or any brand;
use CPK trademarks, telephone numbers, content, or branding in a misleading advertisement; or
assist another person in doing any of the foregoing.

We may use technical and legal measures to protect the Platform and investigate suspected misuse.

15. Intellectual Property

The Platform, Site designs, text, graphics, photographs, logos, icons, videos, databases, software, code, domain names, trade dress, and compilations are owned by or licensed to CPK and are protected by intellectual-property laws. CPK Home Services, 3D Roofs, Water Restoration Pros, Electrician Quotes, HVAC Rescue, Plumbing Advisors, Window Replacers, CallBathroom.com, and associated logos and slogans are trademarks, service marks, or trade names of CPK or its licensors, whether or not registered.

Subject to these Terms, CPK grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Platform for your own lawful purposes. No other rights are granted by implication, estoppel, or otherwise.

To report a claimed copyright or trademark issue, send a detailed notice to info@cpkhome.com. Your notice should identify the protected work, the allegedly infringing material and its location, your contact information, a good-faith statement, and a statement that the information is accurate and that you are authorized to act.

16. Third-Party Websites, Tools, and Services

The Platform may link to or interoperate with third-party websites, maps, review platforms, financing providers, insurers, manufacturers, utilities, government pages, analytics tools, social networks, or other services. Third parties have their own terms, privacy practices, security, content, and availability. CPK does not control and is not responsible for them.

A link, integration, advertisement, or reference does not necessarily mean that CPK endorses, sponsors, or is affiliated with the third party. You use third-party services at your own risk and should review their terms and privacy notices.

17. Privacy

Our Privacy Policy, available at /privacy, explains how we collect, use, disclose, retain, and protect personal information and how you may exercise applicable privacy rights. The Privacy Policy is incorporated into these Terms by reference, but it does not limit any rights you have under applicable law.

18. Suspension or Termination

We may restrict, suspend, or terminate your access to all or part of the Platform, decline requests, block contact information or devices, or take other reasonable measures if we believe you violated these Terms, created risk or potential legal exposure, engaged in fraud or abuse, threatened safety, interfered with operations, or used the Platform in a manner inconsistent with its purpose.

You may stop using the Platform at any time. Provisions that by their nature should survive will survive, including provisions concerning intellectual property, disclaimers, liability, indemnification, disputes, and general terms.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT, ROUTING, MATCHING, COMMUNICATIONS, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

CPK DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, CPK DOES NOT WARRANT THAT:

THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
A REQUEST WILL BE RECEIVED, ACCEPTED, ANSWERED, OR ROUTED;
ANY PROVIDER IS LICENSED, INSURED, BONDED, AVAILABLE, SAFE, HONEST, OR SUITABLE;
A PROVIDER’S REPRESENTATIONS, ESTIMATE, PRICE, TIMELINE, WARRANTY, OR WORK WILL BE ACCURATE OR SATISFACTORY;
SITE CONTENT OR COST INFORMATION WILL BE COMPLETE OR CURRENT;
A SERVICE WILL PREVENT DAMAGE, MOLD, CONTAMINATION, FIRE, ELECTRICAL HAZARD, WATER LOSS, EQUIPMENT FAILURE, CODE VIOLATION, OR INSURANCE DISPUTE; OR
AN INSURER, LENDER, GOVERNMENTAL AUTHORITY, UTILITY, MANUFACTURER, OR OTHER THIRD PARTY WILL APPROVE OR PAY ANY AMOUNT.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY; PROPERTY DAMAGE; PERSONAL INJURY; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM OR RELATED TO:

YOUR USE OF OR INABILITY TO USE THE PLATFORM;
A PROVIDER’S ACTS, OMISSIONS, COMMUNICATIONS, PRICING, WORK, PERSONNEL, VEHICLES, EQUIPMENT, CONTRACT, WARRANTY, OR FAILURE TO PERFORM;
A DELAYED, MISROUTED, UNANSWERED, OR UNAVAILABLE CALL OR REQUEST;
SITE CONTENT, COST INFORMATION, THIRD-PARTY CONTENT, OR RELIANCE ON INFORMATION;
UNAUTHORIZED ACCESS, MALWARE, DATA LOSS, OR SECURITY EVENTS; OR
ANY TRANSACTION OR DISPUTE BETWEEN YOU AND A PROVIDER OR OTHER THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO CPK FOR USE OF THE PLATFORM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose or CPK was advised of the possibility of damages. They do not limit liability that cannot lawfully be excluded, including liability for CPK’s own fraud, willful misconduct, or gross negligence where applicable law prohibits limitation.

You acknowledge that CPK does not control providers and that the allocation of risk in these Terms is a material basis on which the Platform is made available.

20.1 Indemnification for Your Conduct

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless CPK and its affiliates, officers, directors, employees, agents, licensors, vendors, and representatives from and against third-party claims, demands, actions, losses, liabilities, judgments, damages, penalties, costs, and reasonable attorneys’ fees arising out of or relating to:

information, contact details, property details, or User Submissions you provide without authorization or that are materially false, deceptive, infringing, or unlawful;
your violation of these Terms, applicable law, or another person’s privacy, intellectual-property, publicity, contractual, or property rights;
your misuse of, interference with, or fraudulent activity involving the Platform, call routing, attribution, forms, or provider network;
your harassment, threats, unsafe conduct, property damage, or other wrongful acts in connection with a request or provider interaction; or
a claim by a property owner, tenant, subscriber, customary user, or other person whose property or contact information you submitted without authority.

CPK may assume control of the defense of a covered claim with counsel of its choosing, and you agree to provide reasonable cooperation. You may not settle a covered claim in a manner that admits wrongdoing by CPK, imposes nonmonetary obligations on CPK, or fails to provide CPK a complete release without CPK’s written consent. This section does not require you to indemnify CPK for CPK’s own fraud, willful misconduct, gross negligence, or other conduct for which indemnification cannot lawfully be required.

20.2 Limited Release of Provider-Only Claims

To the maximum extent permitted by law, you release CPK from claims and disputes arising solely from an independent provider’s acts or omissions, personnel, property access, diagnosis, estimate, price, contract, payment, financing, products, equipment, work, workmanship, safety practices, warranty, delay, refusal to perform, property damage, personal injury, or other provider-controlled conduct. This release does not apply to a claim based on CPK’s own independent fraud, willful misconduct, gross negligence, unlawful misrepresentation, or other liability that cannot lawfully be waived or released.

21. Dispute Resolution; Binding Arbitration; Class-Action Waiver

21.1 Informal Resolution First

Before filing a lawsuit or arbitration, you and CPK agree to attempt in good faith to resolve the dispute informally. The complaining party must send a written notice describing the claimant’s name and contact information, the applicable Site or brand, the facts, the legal basis, and the requested relief.

Send notices to info@cpkhome.com with the subject line “Dispute Notice”. CPK may send a notice to the email or other contact information associated with your request. The parties will have 30 days after receipt of a complete notice to attempt resolution. Any applicable limitations period will be tolled during that 30-day period to the extent permitted by law.

21.2 Agreement to Arbitrate

Except for matters listed in Section 21.3, any dispute, claim, or controversy arising out of or relating to the Platform, the Site, these Terms, the Privacy Policy, communications, a request, or the relationship between you and CPK will be resolved by final and binding individual arbitration, rather than in court.

This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide any dispute concerning the enforceability of the class-action waiver.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and Mediation Procedures, as modified by these Terms. If AAA is unavailable or declines to administer the matter, the parties will select another nationally recognized arbitration provider or ask a court of competent jurisdiction to appoint one.

The arbitration may occur by documents, telephone, videoconference, or an in-person hearing reasonably convenient to you, consistent with the applicable rules. The arbitrator may award any individualized remedy available in court, including attorneys’ fees when authorized by law, but may not award relief for or against anyone who is not a party to the arbitration.

Payment of filing, administration, and arbitrator fees will be governed by the applicable consumer rules and law. CPK will pay fees it is required to pay for the arbitration agreement to be enforceable.

21.3 Exceptions

Either party may:

bring an individual claim in small-claims court if it qualifies and remains individual;
seek temporary or preliminary injunctive relief in court to prevent actual or threatened misuse of intellectual property, unauthorized access, data-security harm, or abuse of the Platform while arbitration is pending; or
report a matter to, or seek relief from, a federal, state, or local governmental agency where the law permits.

21.4 No Class or Representative Proceedings

YOU AND CPK AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree in writing, the arbitrator may not consolidate more than one person’s claims or preside over a class, collective, consolidated, or representative proceeding. If a final judicial determination makes this class-action waiver unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided in court after all arbitrable claims are completed.

21.5 Jury-Trial Waiver

To the extent a dispute proceeds in court, YOU AND CPK KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL to the maximum extent permitted by law.

21.6 Right to Opt Out of Arbitration

You may opt out of Sections 21.2 through 21.5 by sending an email to info@cpkhome.com with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. The notice must include your full name, email address, telephone number, the Site or brand you used, and a clear statement that you opt out of the arbitration agreement.

Opting out will not affect the other Terms or your ability to use the Platform. An opt-out applies only to the person who submits it.

22. Governing Law and Court Venue

Except as governed by the Federal Arbitration Act or prohibited by applicable consumer law, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

For a dispute that is not subject to arbitration, the parties consent to exclusive jurisdiction in the state courts located in the Texas county where CPK maintains its principal place of business and the corresponding federal district court, except that an individual small-claims action may be filed in any court of competent jurisdiction. Nothing in these Terms deprives you of non-waivable protections of the law of your state of residence.

23. Changes to the Platform or These Terms

We may modify, add, suspend, or discontinue features of the Platform. We may update these Terms to reflect changes in law, technology, data practices, vendors, services, or business operations.

The “Last Updated” date identifies the most recent revision. Material changes will be communicated as required by law, which may include a prominent Site notice or direct notice using contact information we have. Changes apply prospectively from the stated effective date. Your continued use after the effective date constitutes acceptance, except where law requires additional consent.

24. General Terms

These Terms and the Privacy Policy are the entire agreement between you and CPK concerning the Platform, except for a separate written agreement that expressly controls.

If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. CPK’s failure to enforce a provision is not a waiver. Headings are for convenience only. “Including” means “including without limitation.”

You may not assign these Terms without CPK’s written consent. CPK may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the Platform.

CPK is not liable for delay or failure caused by events beyond its reasonable control, including severe weather, disaster, utility or carrier outages, cyberattacks, labor disputes, governmental action, equipment failure, or failure of third-party networks.

Nothing in these Terms creates a partnership, joint venture, franchise, fiduciary relationship, employment relationship, or agency relationship between CPK and you or between CPK and an independent provider. No provider is authorized to bind CPK, incur obligations for CPK, make warranties on CPK’s behalf, or represent that it is employed by CPK.

No person or entity other than you and CPK is an intended third-party beneficiary of these Terms, except that CPK’s affiliates, personnel, licensors, vendors, and representatives may rely on provisions that expressly protect them.

25. Contact Information

CPK Home Services, Inc.
Attn: Legal Department
Email: info@cpkhome.com

For service help, use the contact method displayed on the applicable brand Site. Do not send emergencies or unnecessary sensitive information to a legal or privacy inbox.