Legal
Terms & Conditions
The terms that apply to your use of this website and to service we perform for you.
The short version
- This website gives general information about heating, cooling and indoor air. It is not advice for your specific home or building. Some of it was drafted with the help of AI tools and reviewed before publishing, and some images are illustrations rather than photos of our jobs.
- Sending a request does not book an appointment or create a contract. Estimates are not binding until you sign a written agreement, and your written agreement controls your job, including any warranty.
- We do not guarantee specific results such as energy savings, rebates or tax credits.
- The website is provided “as is,” and our liability is limited as far as the law allows.
- Disputes are resolved by individual binding arbitration, not in court or in a class action — except small-claims cases and claims the law does not allow us to require you to arbitrate. You can opt out of arbitration within 30 days (section 16).
- California law applies, and Nevada County, California is the venue.
1. Agreement to these Terms
These Terms & Conditions (“Terms”) are an agreement between you and Foothill Air Systems (“Foothill Air Systems,” “we,” “us” or “our”). They apply to your use of fas-mech.com (the “Site”) and to requests you make through it. By using the Site, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not use the Site.
You must be at least 18 years old and able to form a binding contract to request service through the Site. If you use the Site for a business, you confirm you are authorized to accept these Terms for it.
Section 16 contains an arbitration agreement and class-action waiver that affect how disputes are resolved. Please read it.
2. About us and our services
Foothill Air Systems is a California heating, ventilation and air-conditioning contractor based in Grass Valley, CA 95945, serving residential and commercial customers in Nevada County, Placer County and the Truckee/Tahoe area. We are licensed by the California Contractors State License Board (CSLB #837200). You can check any contractor’s license at cslb.ca.gov .
Services described on the Site — including repair, maintenance, replacement, heat pumps, ductless systems, indoor air quality, radiant and hydronic heating, commercial HVAC and our membership program — are offered subject to availability, our service area, site conditions, and a written agreement for the specific work.
3. Website information is general, not professional advice
Articles, guides, checklists, cost ranges, FAQs and other content on the Site are general information for educational purposes. They are not engineering, design, electrical, safety, financial, tax or legal advice, and they are not a recommendation for your particular property. Equipment sizing and system recommendations require an inspection and, where appropriate, a load calculation by a qualified technician. Do not rely on Site content in place of an in-person assessment.
Safety: if you smell gas, suspect carbon monoxide, or see sparks, smoke or burning, leave the building and call 911 or your utility first. Do not attempt repairs to gas, refrigerant or high-voltage components yourself.
4. AI-assisted and automated content
Some content on the Site, including parts of our Learning Center guides and service pages, was drafted with the help of artificial-intelligence tools and reviewed by people before it was published. Some images on the Site are computer-generated or stock illustrations, not photographs of our customers’ homes or our completed jobs. Despite that review, AI-assisted content can contain errors, omissions or information that does not apply to your situation, and it may become out of date. Examples, figures and cost ranges are illustrative only.
AI-assisted content is general information, not professional advice, and it is not a quote, diagnosis or guarantee. We do not currently offer an AI chat assistant or automated estimator on the Site. If we add one, its answers will be subject to this section, and we will tell you when you are interacting with an automated tool.
5. Service requests, estimates and scheduling
- Submitting a form, calling or emailing us is a request only. It does not create a contract, reserve an appointment or obligate either of us, until we confirm scheduling with you.
- Estimates and quotes are non-binding until both you and we sign a written agreement. Prices published on the Site or given by phone are estimates that may change after we inspect the site.
- Estimates reflect conditions we can see at the time. If we discover concealed conditions — such as damaged ductwork, code deficiencies, hazardous materials or undersized electrical service — we will explain them and get your approval, in a written change order where required, before doing additional work.
- Your written agreement for the work will include the disclosures, notices and any right to cancel that California law requires for home-improvement and service contracts. If anything in these Terms conflicts with your signed agreement, the signed agreement controls for that job.
- Scheduling depends on weather, access, parts availability, permits and emergencies. We will keep you informed of changes but cannot guarantee a specific arrival time or completion date unless it is stated in your written agreement.
6. Pricing, payment, financing and memberships
- Pricing. Prices, promotions and membership rates shown on the Site may change without notice and are confirmed in writing at the time of sale. We are not bound by typographical or pricing errors on the Site.
- Payment. Payment is arranged directly with us under your written agreement or invoice. We do not take card payments on this Site, and you should never send card numbers through our forms or by email.
- Financing. Financing is offered by Optimus Financing, an independent third-party lender. Applications are handled on the lender’s online application site, not on this Site. We are not a lender and do not make credit decisions. Approval, rates, terms and fees are set by the lender, subject to credit approval, and are governed by the lender’s own terms and privacy policy. Nothing on the Site is an offer of credit.
- Memberships. Our maintenance membership is governed by the terms you receive and accept when you enroll, including its price, what is included, how billing works and how to cancel. If a membership renews automatically, we will give you the disclosures, consent and easy cancellation method that California’s automatic-renewal law requires.
7. Warranties on our work and equipment
Equipment is covered by the manufacturer’s warranty, on the manufacturer’s terms, which may require product registration and documented maintenance. Any warranty on our workmanship is stated in your written agreement. We do not make any warranty on our services or equipment through the Site; only the written warranty documents for your job apply.
8. No guarantee of results
Energy savings, efficiency ratings, comfort outcomes, air-quality improvements and equipment life depend on many factors outside our control, including your home, usage, weather and utility rates. Any estimate of savings or performance is an estimate, not a promise. Utility rebates, manufacturer incentives and tax credits are decided by the program administrator or taxing authority, may change or end, and are not guaranteed by us; please confirm eligibility with the program and your tax adviser.
9. Intellectual property and your license to use the Site
The Site and its content — text, images, graphics, logos, design and the Foothill Air Systems name and marks — are owned by us or used under license and are protected by copyright, trademark and other laws. Manufacturer names and marks belong to their owners. We give you a limited, personal, non-exclusive, non-transferable, revocable license to view and use the Site for your own non-commercial purposes, such as learning about and requesting our services. You may not copy, republish, sell, frame or create derivative works from the Site without our written permission.
10. Acceptable use
You agree not to:
- use the Site for any unlawful, fraudulent or harmful purpose;
- submit false information, impersonate anyone, or submit someone else’s information without permission;
- send spam, malware or unsolicited advertising through our forms;
- attempt to gain unauthorized access to, probe, disrupt or overload the Site or the systems behind it, or bypass our security or spam protection;
- scrape, harvest or copy the Site using automated tools, or use its content to train artificial-intelligence models, except as permitted by our robots.txt file or with our written permission.
11. Information you send us
You are responsible for the accuracy of the information you submit and confirm you have the right to share it. You give us permission to use it to respond to you and provide our services, as described in our Privacy Policy. If you send us ideas, suggestions or feedback, we may use them without obligation to you. We will publish a review, testimonial or photo of your project only with your permission.
12. Third-party services and links
The Site uses and links to services provided by others, including Google reCAPTCHA (subject to Google’s Terms of Service and Privacy Policy), our financing partner, manufacturer websites and social media platforms. We do not control and are not responsible for third-party content, products, terms or privacy practices, and a link is not an endorsement. Your dealings with third parties are between you and them.
13. Disclaimer of warranties
To the fullest extent permitted by law, the Site and all of its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Site will be uninterrupted, error-free, secure or free of viruses, or that its content is complete or current. This section applies to the Site; warranties for work we perform are governed by section 7 and your written agreement, and it does not limit any warranty that California law does not allow to be disclaimed.
14. Limitation of liability
To the fullest extent permitted by law, Foothill Air Systems and its owners, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of use, arising out of or related to the Site, its content or these Terms, even if we were told such damages were possible.
To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Site, these Terms or our services is limited to the greater of (a) the amount you paid us for the service giving rise to the claim during the 12 months before the claim arose, or (b) $100. If your signed agreement for a job allocates liability differently, the agreement controls for that job.
Nothing in these Terms limits or excludes liability for fraud, willful injury or violation of law (California Civil Code § 1668), for gross negligence, for death or personal injury caused by our negligence, or any other liability or consumer right that cannot be limited or waived under applicable law, including under the California Consumers Legal Remedies Act.
15. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Foothill Air Systems and its owners, employees and agents from claims, losses, damages and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site, your violation of these Terms, or your violation of any law or third-party right. This does not require you to indemnify us for our own negligence or misconduct.
16. Dispute resolution — binding arbitration and class-action waiver
Please read this section carefully. It affects your legal rights, including your right to go to court and to a jury trial.
a. Informal resolution first
Before starting arbitration or a small-claims case, the party with a dispute must send the other a written notice describing the dispute and the relief sought. Send notices to us at info@fas-mech.com; we will send notices to the contact information we have for you. We will both try in good faith to resolve the dispute within 30 days after the notice is received. Any deadline to bring a claim is paused during that period.
b. Agreement to arbitrate
If we cannot resolve it informally, you and Foothill Air Systems agree that any dispute, claim or controversy arising out of or relating to the Site, these Terms or our services — including whether a dispute must be arbitrated — will be resolved by binding individual arbitration, rather than in court. This agreement is governed by the Federal Arbitration Act. If a signed agreement for your job contains its own dispute-resolution clause, that clause controls disputes about that job.
c. Arbitration rules, location and costs
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you are a business customer), available at adr.org, before a single neutral arbitrator. Unless we agree otherwise, any in-person hearing will be held in Nevada County, California, or it may be conducted by video or on written submissions. For consumer claims we will pay all filing, administration and arbitrator fees beyond the amount you would pay to file in court, and we will pay them on time as California Code of Civil Procedure §§ 1281.97–1281.98 require. The arbitrator may award any individual relief a court could award and will issue a reasoned written decision.
d. Exceptions
- Either of us may bring an individual claim in small-claims court if it qualifies and stays there.
- Claims for public injunctive relief that California law does not allow to be waived or arbitrated may be brought in court in Nevada County, California, after all other claims are arbitrated; the court case will be paused until the arbitration ends.
- Either of us may ask a court for temporary relief to protect intellectual property or prevent unauthorized access to the Site while an arbitration is pending.
e. Class-action and jury waiver
You and Foothill Air Systems each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. You and we each waive the right to a jury trial for any claim resolved in arbitration. If this class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided by a court in Nevada County, California, and not in arbitration.
f. 30-day right to opt out
You may opt out of this arbitration agreement by emailing info@fas-mech.com within 30 days after you first accept these Terms (for example, by first submitting a request through the Site). Include your name, address, email or phone number, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms or your relationship with us.
g. Severability and survival
If any part of this section 16 is found unenforceable, the rest remains in effect, except as stated in subsection (e). This section survives the end of your use of the Site. If we change this section, the change will not apply to a dispute we already had notice of, and you may reject the change by emailing us within 30 days after it is posted.
17. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for section 16. Subject to section 16, any case that is permitted to proceed in court must be brought in the state courts located in Nevada County, California, or the United States District Court for the Eastern District of California, and you and we consent to the personal jurisdiction of those courts.
18. Suspension and termination
We may suspend or end your access to the Site, or change or discontinue any part of it, at any time without notice, including if you violate these Terms. Sections that by their nature should survive — including sections 7 through 17 — will survive.
19. Privacy, text messages and accessibility
Our Privacy Policy explains how we handle personal information, including your choices under Your Privacy Choices — Do Not Sell or Share My Personal Information. We do not currently run a text-messaging program; if we start one, the terms in the Text messages (SMS) section will apply and we will ask for your express written consent first. Our commitment to an accessible website is described in our Accessibility Statement.
20. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above shows when they last changed, and material changes will be posted on this page. Changes apply from the date they are posted and do not apply retroactively. If you continue to use the Site after a change is posted, you accept the updated Terms.
21. General terms
- Entire agreement. These Terms are the entire agreement about your use of the Site; our Privacy Policy, which you acknowledge, explains how we handle personal information. Your signed agreement for any job governs that job.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not transfer these Terms without our consent. We may assign them in connection with a sale or reorganization of our business.
- Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, snow and road closures, wildfire, evacuations, utility power shutoffs, supply shortages or acts of government.
- Electronic communications. You agree that notices and communications we send electronically satisfy any requirement that they be in writing.
- Headings. Headings and the short-version summary are for convenience only; the full text controls.
22. Contact us
Questions about these Terms, or notices under section 16, can be sent to Foothill Air Systems:
- Email: info@fas-mech.com
- Phone: (530) 212-0057
- Online: our contact page
- Location: Grass Valley, CA 95945
