Cooling By Design

Cooling By Design
https://coolingbydesign.com/

Effective Date: January 1, 2026
Last Updated: February 26, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at https://coolingbydesign.com

 (the “Site”) and all related HVAC services, products, memberships, promotional programs, and financing facilitation services (collectively, the “Services”) provided by Cooling By Design (“Company,” “we,” “us,” or “our”).

By accessing or using the Site or Services, requesting service, enrolling in a membership plan, or applying for financing through our platform, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use the Services.

2. Scope of Services

Cooling By Design provides residential and commercial HVAC installation, repair, maintenance, and related services. We may also offer maintenance membership plans and facilitate access to third-party financing providers for eligible customers.

All services are subject to availability, geographic limitations, operational capacity, weather conditions, material availability, and other factors beyond our reasonable control.

We reserve the right to refuse service at our discretion where permitted by law.

3. Membership Plans

Cooling By Design may offer optional membership programs that provide maintenance services, discounts, priority scheduling, or other benefits. Membership benefits are subject to specific written membership agreements provided at enrollment.

Membership does not guarantee:

• Emergency service availability

• Immediate scheduling

• Equipment lifespan

• Elimination of mechanical failure

• Manufacturer warranty coverage

• Cost savings

HVAC systems are mechanical devices subject to wear, failure, and external factors including age, usage, power surges, environmental exposure, manufacturer defects, improper prior installation, or acts of nature. Cooling By Design is not responsible for equipment failures outside the scope of agreed services.

We reserve the right to modify membership pricing or benefits in accordance with applicable law and written notice.

4. Third-Party Financing

Cooling By Design may offer promotional financing options through third-party finance providers, including Wells Fargo or other lending institutions.

You acknowledge and agree that:

• Cooling By Design is not a lender or financial institution.

• All financing decisions are made solely by the third-party lender.

• Approval is subject to the lender’s credit review and policies.

• Cooling By Design does not guarantee financing approval.

• All loan terms, interest rates, fees, billing, and credit reporting are controlled exclusively by the lender.

• Any financing agreement is solely between you and the lender.

Cooling By Design shall not be liable for financing denials, interest charges, credit reporting issues, billing disputes, or any actions taken by the lender.

5. Payment Terms

Payment for services is due according to the invoice or agreement provided. Failure to pay may result in suspension of services.

We are not responsible for delays caused by third-party payment processors.

Returned checks or failed payments may incur additional fees where permitted by law.

6. No Warranties

To the maximum extent permitted by law, the Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis.

Cooling By Design makes no warranties, express or implied, including but not limited to:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

• Continuous availability

• Error-free operation

No oral or written information provided by Cooling By Design shall create a warranty unless expressly stated in a signed written agreement.

7. Limitation of Liability

To the fullest extent permitted by law, Cooling By Design, its owners, officers, employees, contractors, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits

• Loss of data

• Business interruption

• Property damage beyond agreed service scope

• Financing disputes

• Membership misunderstandings

• System failure beyond serviced components

In no event shall our total liability exceed the amount paid by you for the specific service giving rise to the claim.

Some states may not allow certain limitations; in such cases, liability shall be limited to the maximum extent permitted by law.

8. Customer Responsibilities

You agree to:

• Provide accurate information

• Ensure safe access to service areas

• Maintain proper electrical and environmental conditions

• Follow manufacturer and technician instructions

• Disclose known system issues

Failure to meet these responsibilities may limit or void service coverage.

9. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Cooling By Design or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or exploit any content without prior written consent.

10. Prohibited Conduct

You agree not to:

• Use the Site for unlawful purposes

• Interfere with Site functionality

• Attempt unauthorized access

• Submit false information

• Engage in fraudulent financing applications

Violation may result in termination of access and legal action.

11. Indemnification

You agree to indemnify and hold harmless Cooling By Design and its affiliates from any claims, damages, losses, liabilities, or expenses arising out of:

• Your misuse of the Services

• Your breach of these Terms

• Your violation of law

• Your financing agreements with third parties

12. Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Services, memberships, financing facilitation, or any transaction with Cooling By Design shall be resolved exclusively through binding arbitration.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration shall take place in the state and county where Cooling By Design maintains its principal place of business, unless otherwise required by law.

The arbitrator’s decision shall be final and binding and may be entered as judgment in any court of competent jurisdiction.

You and Cooling By Design waive the right to a jury trial.

13. Class Action Waiver

YOU AND COOLING BY DESIGN AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any form of class action.

If this class action waiver is found unenforceable, the arbitration agreement shall be null and void.

14. Governing Law

These Terms shall be governed by the laws of the State in which Cooling By Design’s principal office is located, without regard to conflict-of-law principles.

15. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

16. Changes to Terms

Cooling By Design reserves the right to modify these Terms at any time. Continued use of Services after changes are posted constitutes acceptance of the revised Terms.

17. Contact Information

Cooling By Design

21201 Victory Blvd, Suite 125, Canoga Park 91303
Email:  office@coolingbydesign.com
Phone: +1(877) 702-6654