Terms of Service

Last updated: 2025-04-14

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://apolloairtx.com/ website (the “Website”) operated by Apollo Air Heating & Cooling, a(n) Limited Liability Company formed in Texas, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Apollo Air Heating & Cooling SMS Agreement

• The messages that you will receive will include job progress updates, deals and offers, and optional feedback surveys.
• You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP”, we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
• If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to admin@apolloairtx.bwpsites.com.
• Carriers are not liable for delayed or undelivered messages.
• As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive no more than four messages a week. For questions about your text plan or data plan, contact your wireless provider.
• For privacy-related inquiries, please refer to our privacy policy: https://apolloairtx.com/privacy-policy/

Electronic Communications, Transactions and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Purchases

When you make a purchase on the Website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. You may make purchases using the following third-party payment processors: Shopify, Stripe, and Contactor Commerce. We are not responsible for the collection, use, sharing, or security of your billing information by these third-party payment processors. The following payment method(s) are accepted by third-party payment processors: American Express, bank transfer, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Cancellation policy

We offer cancellations on purchases made of the goods, services, and digital products offered on our Website. We offer cancellations only prior to shipment, prior to download, and prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the goods, services, and digital products offered on our Website. To qualify for a refund, you must submit your request to us anytime after your purchase by contacting us. We offer refunds on any purchases of the goods, services, and digital products offered on our Website for the following reason(s) only: the wrong product or service was provided. Please note that we do not offer refunds for any reason other than those listed above.

You are not required to ship your purchased goods back to us to receive a refund.

Shipping policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.

When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.

We or a third party will ship the goods to you within a reasonable time from the date that you made your purchase.

No warranty on purchases

The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Apollo Air Heating & Cooling a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties, and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to remove any content or comment at any time at our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

• Content that harasses others;
• Content that is discriminatory or offensive;
• Swearing, name calling, and otherwise abusive content;
• Pornographic and sexually explicit content;
• Content displaying, depicting, or suggesting violence;
• Content that exploits or abuses children;
• Content encouraging or committing illegal acts;
• Content sharing personal information without consent;
• Content infringing on someone’s rights, including intellectual property rights;
• Content advertising products or services without our permission;
• Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Apollo Air Heating & Cooling or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise, attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Apollo Air Heating & Cooling be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Apollo Air Heating & Cooling has been advised of the possibility of such damages.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2025 Apollo Air Heating & Cooling or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Apollo Air Heating & Cooling and are either registered trademarks, trademarks or otherwise protected intellectual property of Apollo Air Heating & Cooling or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Matthew Reyes at admin@apolloairtx.bwpsites.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address, and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees, for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Apollo Air Heating & Cooling
Matthew Reyes
admin@apolloairtx.bwpsites.com
3212481172
18503 Sigma Rd, Suite 124, San Antonio, Texas, United States

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Bexar County, Texas.

You and Apollo Air Heating & Cooling agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via posting the updated terms of service to this website.

Questions

If you have any questions about our Terms of Service, please contact us at admin@apolloairtx.bwpsites.com.