GOETTL HOME SERVICES PRIVACY POLICY and TERMS OF SERVICE

Last Updated: 10/26/2021

Goettl Home Services, LLC, and our subsidiaries Las Vegas Peach, LLC, Peach Home Services, LLC, Austin Air Services LLC, and Phoenix Peach LLC, (“Goettl”, “we” or “us”) provide air conditioning, heating and plumbing services and products. This Privacy Policy applies to information we collect from or about you, including when you use our website, and other online products and services that link to this Privacy Policy, contact customer service, request a technician to visit your home or business, or otherwise interact with us (collectively, our “Services”). This Privacy Policy does not apply to aggregated or de-identified information that cannot reasonably be used to identify you.

We may change this Privacy Policy from time to time.  If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification).  We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

Collection of Information

Use of Information

Sharing of Information

Advertising and Analytics

Your Choices

Your California Privacy Rights

Contact Us

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us.  For example, you share information directly with us when you fill out a form, schedule an appointment, make a purchase, request customer support, request a technician at your home or business, or otherwise communicate with us.  The types of personal information we may collect include your name, email address, postal address, phone number, credit card and other payment information, and any other information you choose to provide.

Other Information We Collect When You Interact with Us

When you access or use our Services or otherwise transact business with us, we automatically collect information about your activities, including:

Information We Collect from Other Sources

We may also obtain information about you from other sources.  For example, we may collect information about you from mailing list providers and other third-party sources.

Information We Derive

We may derive information or draw inferences about you based on the information we or our partners collect. For example, we may make inferences about your location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.

USE OF INFORMATION

We use the information we collect to deliver the services you request and customize your experience with us.  We also use the information we collect to:

SHARING OF INFORMATION

We share personal information in the following circumstances or as otherwise described in this policy:

ADVERTISING AND ANALYTICS

We allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile apps.  These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of our website and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information.  This information may be used by Goettl and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our website and other websites, and better understand your online activity.  For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook and Instagram). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interest. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.

YOUR CHOICES

Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies.  Please note that removing or rejecting cookies could affect the availability and functionality of our website.

Communications Preferences

You may opt out of receiving text messages or promotional emails from Goettl by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.  

California Consumer Privacy Act

Collection and Use of Personal Information: In the preceding 12 months, we have collected the following categories of personal information: identifiers, financial information, characteristics of protected classifications, commercial information, audio or visual information, Internet or other electronic network activity information, and inferences. For details about the precise data points we collect and the categories of sources of such collection, please see Collection of Information above. We collect personal information for the business and commercial purposes described in Use of Information above.

Disclosure of Personal Information: We may share your personal information with third parties as described in the Sharing of Information section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes: identifiers, financial information, commercial information, Internet or other electronic network activity information and inferences.

Sale of Personal Information: Goettl does not sell your personal information. We do allow our advertising partners to collect certain device identifiers and electronic network activity via our Services to show ads that are targeted to your interests. To opt out of having your personal information used for targeted advertising purposes, please see Advertising and Analytics above.

Your Consumer Rights

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we have collected, used, and disclosed for a business purpose in the last 12 months, (2) request deletion of your personal information, (3) opt out of any “sales” of your personal information that may be occurring, and (4) be free from discrimination for exercising your rights under the CCPA. You may make requests related to these rights by calling 855-888-1778 or emailing [email protected] We will verify your request by asking you to provide information related to your recent interactions with us, such as a recent purchase or transaction in combination with the phone number or email address we have on file.

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us.

CONTACT US

If you have any questions about this Privacy Notice, please contact [email protected] or by phone at (702) 749-8109.

GOETTL HOME SERVICES, LLC TERMS OF SERVICE

Last Updated: 10/26/2021]

These Terms of Service (“Terms”) apply to your access to and use of all or part of any website provided by Goettl Home Services, LLC or its subsidiaries and affiliated companies (collectively, the “Company,” “we,” or “us”), including all of the following:

These websites shall be referred to in these Terms collectively as the “Websites.”

BY ACCESSING OR USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR WEBSITES.

We may supply different or additional terms and conditions in relation to some of the services we provide to you. These Terms do not alter in any way the terms or conditions of any other written agreement you may have with the Company. If there is a conflict between these Terms and any other such written agreement, the other written agreement will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Websites, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Websites after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Websites.

If you have any questions about these Terms or our Websites, please contact us at [email protected]

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy, available above.

1.              Eligibility

The Websites are not targeted towards, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to use our Websites. If you are under 18 years of age (or the age of legal majority where you live), you may use our Websites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Websites.

If you use our Websites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. You represent and warrant that you (a) are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) are not listed on any U.S. government list of prohibited or restricted parties.

2.              Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Websites. You will not:

3.              Ownership; Limited License

The Websites, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by the Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Websites are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Websites for your own personal, noncommercial use. Any use of the Websites other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

4.              Trademarks

Goettl™, Dutton™, Will’s All Pro™, The Sunny Plumber™, Dynamic Air Services™, Las Vegas Air Conditioning™, Eternal Services™, Dayton Services™, Pacific Drain & Plumbing™, and our logos, our product or service names, our slogans, and the look and feel of the Websites are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Websites are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

5.              Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the Company or our Websites (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the Company’s sole discretion. You understand that the Company may treat Feedback as nonconfidential.

6.              Third-Party Content

We may provide links to and information about third-party products, websites, services, activities, or events, or we may allow third parties to make their content and information available on or through the Websites (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

7.              Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company and our subsidiaries, parents, affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Websites; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Websites. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at the Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company or the other Company Parties.

8.              Disclaimers

Your use of our Websites is at your sole risk. Except as otherwise provided in a writing by us, our Websites and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that our Websites are accurate, complete, reliable, current, or error-free. While the Company attempts to make your use of our Websites and any content therein safe, we cannot and do not represent or warrant that our Websites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Websites.

9.              Limitation of Liability

To the fullest extent permitted by applicable law, the Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the Company or the other Company Parties have been advised of the possibility of such damages.

The total liability of the Company and the other Company Parties for any claim arising out of or relating to these Terms or our Websites, regardless of the form of the action, is limited to $5,000.

The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10.           Transfer and Processing Data

In order for us to provide our Websites, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

11.           Governing Law and Venue

Any dispute arising from these Terms and your use of the Websites will be governed by and construed and enforced in accordance with the laws of Nevada, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Nevada or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Nevada and the United States, respectively, sitting in Clark County, Nevada.

12.           Modifying and Terminating our Websites

We reserve the right to modify our Websites or to suspend or stop providing all or portions of our Websites at any time. You also have the right to stop using our Websites at any time. We are not responsible for any loss or harm related to your inability to access or use our Websites.

13.           Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

14.           Miscellaneous

The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between you and us may be conducted electronically.