Legal Indemnity & Terms of Service

1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 8 FINGER HVAC LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. Indemnification

You agree to indemnify, defend, and hold harmless 8 Finger HVAC LLC, its officers, directors, employees, agents, and successors from any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use or misuse of our services
• Your violation of these terms
• Your violation of any applicable law or regulation
• Infringement of any third-party rights
• Equipment or property damage caused by your actions

3. Warranty Disclaimer

OUR SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, RELIABILITY, OR AVAILABILITY OF OUR SERVICES. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4. Service Conditions

By scheduling service with 8 Finger HVAC LLC, you acknowledge:

• You own or have permission to authorize access to the property
• The property is safe and free from hazardous conditions
• All electrical and gas systems are properly grounded/vented
• You will disclose any pre-existing equipment damage or issues
• You agree to pay for all services rendered

5. Assumption of Risk

You acknowledge that HVAC service work involves inherent risks. You assume full responsibility for any property damage, personal injury, or economic loss that may occur during or after our service visits, except where such damage results from gross negligence or willful misconduct by our employees.

6. Equipment Liability

We are not responsible for:

• Pre-existing equipment failures or damage not disclosed prior to service
• Damage caused by improper installation or maintenance by others
• Failures due to manufacturer defects (covered under manufacturer warranty)
• Normal wear and tear on HVAC systems
• Damage caused by acts of God or natural disasters

7. Payment Terms

Payment is due upon completion of service unless other arrangements have been made. By scheduling service, you authorize us to process payment via your selected method. Financing options are subject to lender approval and require SMS/marketing consent.

8. Cancellation Policy

Cancellations must be made at least 24 hours prior to the scheduled appointment. Cancellations within 24 hours may incur a service call fee.

9. Governing Law

These terms are governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Linn County, Iowa.

10. Data Ownership & Usage Rights

By using our services and website, you grant 8 Finger HVAC LLC the right to:

• Retain all service records, communications, and interaction data indefinitely for business purposes
• Use anonymized data and service histories for analytics, marketing, and business improvement
• Use testimonials, reviews, and feedback (with or without attribution) in marketing materials
• Share aggregated, non-identifiable data with third-party analytics and business partners
• Retain photographs and documentation of work performed for warranty and quality assurance purposes

11. Dispute Resolution & Arbitration

Any dispute arising from these terms or our services shall be resolved through binding arbitration in Linn County, Iowa, rather than in court. You waive the right to participate in class action lawsuits or class arbitrations. Arbitration fees shall be split equally unless otherwise determined by the arbitrator.

12. Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of 8 Finger HVAC LLC or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, or transmit any content without prior written permission.

13. Email & Communication Consent

By providing your email or phone number, you consent to receive service-related communications, promotional messages, and marketing materials from 8 Finger HVAC LLC. We own all collected email addresses and contact information for our business purposes. You may opt out of marketing communications at any time, but cannot opt out of service-related messages.

14. Severability

If any provision of these terms is found to be invalid or unenforceable, such provision shall be reformed to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.

15. Mutual, Comparative Indemnity

Each party agrees to indemnify, defend, and hold the other harmless from claims for bodily injury, death, or damage to tangible property only to the extent such claims are caused by that party's own negligent acts or omissions. Consistent with Iowa Code § 537A.5, nothing in any agreement with 8 Finger HVAC, LLC ("Company") requires either party to indemnify the other against liability caused by the other party's sole negligence, and no such provision will be enforced. Indemnity obligations are conditioned on prompt written notice of the claim, tender of the defense, and reasonable cooperation, and the indemnifying party selects its own counsel.

16. Insurance-Backed Obligations

Company maintains commercial general liability, commercial automobile, and workers' compensation coverage in amounts meeting or exceeding those required by Iowa law and by its written contracts. Certificates of insurance, and additional insured or waiver of subrogation endorsements, are furnished on request where required by written contract. No indemnity or defense obligation extends beyond the coverage actually available under the applicable policies. Where a project owner or general contractor is named as an additional insured, that status applies only to liability arising out of Company's own ongoing and completed operations, and never to the other party's own operations.

17. Mutual Waiver of Subrogation

To the extent a loss is covered by property or liability insurance carried by either party, each party waives all rights of recovery and subrogation against the other and against the other's officers, employees, and agents. Each party is responsible for obtaining any endorsement its own policies require to give this waiver effect.

18. Mutual Waiver of Consequential Damages

NEITHER PARTY IS LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, DOWNTIME, DELAY DAMAGES, SPOILED OR DAMAGED INVENTORY OR PRODUCT, RENTAL OR TEMPORARY EQUIPMENT COSTS, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE WORK, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This mutual waiver survives completion of the work and any termination of the agreement.

19. Limitation of Liability

Company's total aggregate liability arising out of or related to the work — whether in contract, tort, warranty, or otherwise — is limited to the greater of the amount actually paid to Company under the applicable agreement or the proceeds of insurance actually available for the claim. This limitation does not apply to liability for bodily injury or death caused by Company's negligence, or to liability that cannot be limited under Iowa law.

20. Existing Conditions & Excluded Hazards

Company's work, and any warranty on it, covers only the equipment and materials Company furnishes and installs. Company is not responsible for, and expressly disclaims liability arising from, pre-existing or latent conditions it did not install or was not engaged to correct, including: mold, mildew, or other microbial growth; asbestos, lead, or other hazardous materials, including their disturbance or abatement; existing ductwork, venting, chimneys, flues, plumbing, gas piping, or electrical service; refrigerant line sets, condensate lines, or equipment pads that are reused; concealed or undisclosed code violations in existing work; water or air intrusion through the building envelope, roof, or foundation; structural deficiencies; and existing equipment that is undersized, oversized, or improperly configured by others. Where an existing duct system is retained, Company makes no warranty of airflow, balance, room-to-room temperature, humidity, or comfort performance.

21. Warranty Limits & Statutory Periods

Company warrants its labor for the period stated on the accepted proposal or invoice. Equipment and parts carry only the manufacturer's warranty, which is passed through to the customer and is subject to the manufacturer's registration, maintenance, and claim requirements; Company is not the guarantor of any manufacturer's obligations. TO THE FULLEST EXTENT PERMITTED BY IOWA CODE CHAPTER 554, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. Warranty coverage is void where the equipment has been altered, serviced by others, operated outside its design conditions, or where required maintenance was not performed, or while any balance owed to Company remains past due. Claims relating to an improvement to real property are further subject to the periods of repose in Iowa Code § 614.1(11).

22. Mechanic's Lien Rights (Iowa Code Chapter 572)

Company preserves all mechanic's lien and bond rights available under Iowa Code Chapter 572, and no advance waiver of those rights is given or implied. For owner-occupied residential work, Company provides the notices required under Iowa Code § 572.13 and posts to the Mechanic's Notice and Lien Registry as required. Partial or conditional lien waivers are effective only for amounts actually received.

23. Written Change Orders & Notice of Claims

Changes to scope, price, or schedule are binding only when documented in writing and accepted by an authorized officer of Company. Any claim relating to the work must be submitted to Company in writing within thirty (30) days after the condition giving rise to it is discovered, so that Company has a reasonable opportunity to inspect, cure, and report the matter to its insurer. Failure to give timely written notice and to allow inspection before repairs are made by others waives the claim to the extent Company is prejudiced.

24. Contact Us

For legal inquiries, contact:
8 Finger HVAC LLC
Email: service@8fingerhvacllc.com
Phone: (319) 251-0327