Terms of Service.
The terms governing your use of capitolclimate.com and the services provided by Capitol Climate across the Nashville metro and Middle Tennessee.
These Terms of Service (“Terms”) govern your use of the website operated by Veteran Drilling LLC, doing business as Capitol Climate (“Capitol Climate,” “we,” “us,” or “our”), located at capitolclimate.com (the “Site”), and any services we provide. By accessing the Site or using our services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that apply to specific services.
Accessing the Site, in any manner whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms.
We reserve the right to update or modify these Terms at any time. The most current version will always be available on our website with the updated effective date. Your continued use of the Site after any changes constitutes acceptance of the modified Terms.
SMS Messaging Terms and Compliance
1.1 — Program Description
Capitol Climate operates two distinct SMS messaging programs, each requiring separate, explicit consent provided through a dedicated checkbox on our website forms at capitolclimate.com. The two programs are:
Non-Marketing Messages
Sent only to customers who have explicitly opted in. Includes appointment confirmations, technician arrival notifications, scheduling updates, service status updates, and customer support communications related to your service request.
Marketing Messages
Sent only to customers who have separately and explicitly opted in. Includes promotional offers, seasonal HVAC maintenance reminders, financing specials, and discounts on services. Consent to receive marketing messages is not a condition of purchase or service.
1.2 — Cancellation Instructions
You may cancel either SMS program at any time by replying STOP to any text message you receive. Upon receipt, we will send a final confirmation message and you will no longer receive messages from that program. Opting out of one program (e.g., marketing) does not automatically opt you out of the other program (e.g., transactional). To rejoin, opt in again through the appropriate consent checkbox on our website forms.
1.3 — Support
If you experience issues with our SMS programs, reply HELP to any message for assistance, or contact us at HVAC@CapitolClimate.com or +1 (615) 270-5815 during business hours.
1.4 Carrier Liability
Mobile carriers are not liable for delayed or undelivered messages.
1.7 Age Restriction
You must be 18 years or older to participate in our SMS programs.
1.6 Supported Carriers
AT&T, T-Mobile, Verizon, and most regional U.S. wireless carriers.
1.5 — Message and Data Rates
Standard message and data rates may apply for messages sent to or from your device, depending on your wireless plan. Message frequency varies based on your interactions with us and the consent categories you have selected. For questions about your wireless plan, contact your carrier.
1.8 — Privacy Policy and TCPA Compliance
For details on how we collect, use, and protect your SMS opt-in information and other personal data, please refer to our Privacy Policy. We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), FCC rules, and CTIA guidelines.
Services, Quotes, and Estimates
2.1 — Service Area
Capitol Climate provides residential heating, ventilation, air conditioning (HVAC), and related home services in Middle Tennessee. Service availability may vary by location.
2.2 — Quotes and Estimates
Any quote or estimate provided through the Site, by phone, or in person is preliminary and subject to confirmation upon in-person inspection of the property and equipment. Final pricing may differ from initial estimates based on actual conditions, materials required, and scope of work. Estimates are valid for 30 days unless otherwise specified in writing.
2.3 — Scheduling and Cancellation
Appointments are scheduled on a first-come, first-served basis subject to technician availability. We require at least 24 hours advance notice for appointment cancellations or rescheduling. Capitol Climate reserves the right to charge a service fee for missed appointments or cancellations made with less than 24 hours notice.
2.4 — Payment Terms
Payment is due upon completion of service unless other written terms are agreed upon. We accept major credit cards, ACH transfers, and approved financing. Financing offers (such as 0% APR or no-payment promotions) are subject to credit approval through our third-party financing partners and are governed by the terms of your individual financing agreement. Capitol Climate is not the lender for any financing offer; we facilitate the application process only.
2.5 — Warranties
Equipment installed by Capitol Climate is covered by the manufacturer's warranty as stated in product documentation. Capitol Climate provides a separate workmanship warranty as described in your service or installation agreement. Warranty terms are subject to the conditions stated in the applicable warranty document. No warranty is provided beyond what is specifically stated in writing.
Intellectual Property Rights
3.1 — Our Limited License to You
The Site and all materials available on the Site, including but not limited to text, graphics, logos, images, videos, and software, are the property of Capitol Climate and/or our licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use.
You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner or medium any material from the Site without our express written permission. You may download or print individual pages for your personal, non-commercial use, provided you keep intact all copyright and proprietary notices.
3.2 — Your License to Us
By submitting any material to us through the Site, social media, reviews, or other channels (including comments, photos, videos, and testimonials), you represent that you own or have the right to share such material. You grant Capitol Climate a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, distribute, publicly display, and create derivative works from such material for any purpose, including marketing and promotional use.
3.3 — Project Photography and Marketing
Capitol Climate may photograph or video-record the exterior of installation work, equipment, and general work areas for marketing, training, portfolio, and quality-control purposes. We will not photograph identifiable persons, license plates, or interior personal items without separate written consent. If you do not wish for us to photograph any aspect of the work performed at your property, please notify the technician in writing prior to the start of work.
Disclaimers and Limitation of Liability
4.1 — Third-Party Links
The Site may contain links to third-party websites, including financing partners, equipment manufacturers, and resource providers. Our linking to such sites does not imply endorsement or sponsorship. We are not responsible for the content, products, services, or privacy practices of any third-party website.
4.2 — Site and Information Provided “As Is”
The information, products, and services offered on or through the Site are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. To the fullest extent permitted by law, Capitol Climate disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
4.3 — Limitation of Liability
To the fullest extent permitted by law, Capitol Climate, its parent entity Veteran Drilling LLC, and their respective officers, directors, members, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or related to your use of the Site or our services, regardless of the legal theory.
In no event shall our total aggregate liability exceed the greater of (a) the amount you paid to Capitol Climate for the specific service giving rise to the claim, or (b) one hundred dollars ($100). This limitation applies even if we have been advised of the possibility of such damages.
4.4 — Indemnification
You agree to indemnify, defend, and hold harmless Capitol Climate, Veteran Drilling LLC, and their respective officers, directors, members, employees, and agents from any claims, causes of action, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your violation of any law, or your misuse of the Site or our services.
Online Commerce and Third-Party Vendors
Certain features of the Site may allow you to interact with third-party vendors, including financing companies, equipment manufacturers, and payment processors. Capitol Climate is not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of products and services provided by these third parties. If you make a purchase or enter into an agreement with a third party through the Site, the transaction is solely between you and that third party. Your information may be collected by both the third party and Capitol Climate, governed by the respective privacy policies of each.
Accounts and Registration
To access certain features of the Site or services, you may be required to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any login credentials and for all activities conducted through your account or contact information. If you suspect unauthorized use of your account, contact us immediately at HVAC@CapitolClimate.com. Capitol Climate is not liable for any loss or damage arising from your failure to safeguard your information.
Termination
We reserve the right to terminate or suspend your access to the Site or our services at any time, without notice, if we determine that you have violated these Terms or engaged in conduct we deem inappropriate, fraudulent, or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply.
Governing Law and Dispute Resolution
8.1 — Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising under these Terms shall be in the state or federal courts located in Davidson County, Tennessee, except as provided in Section 8.2 below.
8.2 — Binding Arbitration
Except for claims for injunctive relief or claims that may be brought in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Nashville, Tennessee, and shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
8.3 — Class Action Waiver
You agree that any arbitration or court proceeding shall be conducted on an individual basis only.
You waive any right to participate in a class action, class arbitration, or representative action against Capitol Climate. The arbitrator may not consolidate claims of more than one person or otherwise preside over any form of representative or class proceeding.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other reasons. The most current version will always be available on our website with the updated effective date. Your continued use of the Site after any changes take effect constitutes your acceptance of the modified Terms.
Contact Us
For any questions regarding these Terms of Service, please contact us:
Capitol Climate
Nashville, TN 37219
By using our website and services, you acknowledge that you have read and agree to these Terms of Service.