Terms of Service

Welcome to https://firstclassplumbingandac.com/ (the “Site”). The Site is owned and operated by First Class Plumbing and Rooter Services, Inc., a California corporation (“First Class Plumbing,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement governing your access to and use of the Site. By accessing or using the Site, you (“User,” “you,” or “your”) agree to be bound by these Terms without modification. If you do not agree to these Terms, you must not access or use the Site. Please read these Terms carefully and retain a copy for your records.

Purpose of the Site

The Site serves as an informational and scheduling platform, providing detailed information about First Class Plumbing’s professional services, including plumbing, rooter, heating, ventilation, air conditioning (HVAC), and related maintenance and repair services. The Site offers resources for customers, such as service descriptions, FAQs, and contact information, and facilitates scheduling of services in Riverside County, California, and surrounding areas. The Site is intended for use by individuals and businesses seeking professional plumbing and HVAC solutions.

Privacy Policy

Your use of the Site is subject to First Class Plumbing’s Privacy Policy, available at https://firstclassplumbingandac.com/privacy-policy/. The Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these Terms by reference. You are encouraged to review the Privacy Policy regularly to understand our data practices.

Electronic Communications

By accessing the Site, submitting forms, or sending emails to First Class Plumbing, you engage in electronic communications. You consent to receive electronic communications from us, including but not limited to agreements, notices, disclosures, and promotional materials, via email, text messages, or postings on the Site. You agree that all such communications satisfy any legal requirement that they be in writing, in compliance with applicable laws, including the California Electronic Commerce Act.

SMS Notifications and Support

First Class Plumbing offers an optional SMS notification service for appointment reminders, service updates, and customer support. By participating, you agree to the following:

• Opt-In Confirmation: Upon opting in, you will receive an automated text message confirming your enrollment, followed by appointment reminders and responses to your text inquiries.
• Opt-Out: To discontinue SMS notifications, reply “STOP” to the number from which messages are sent. You will receive a confirmation of your opt-out and will no longer receive SMS notifications. You may re-enroll at any time by opting in again.
• Support: For assistance, reply “HELP” to the same number or contact us at support@fcprooter.com.
• Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages.
• Costs: Standard message and data rates may apply, as determined by your wireless carrier. You will receive an initial opt-in confirmation message and periodic reminders, typically not exceeding five messages per month. Contact your carrier for plan details.
• Privacy: SMS-related data practices are governed by our Privacy Policy, available at https://firstclassplumbingandac.com/privacy-policy/.

This SMS service complies with the Telephone Consumer Protection Act (TCPA) and California consumer privacy laws.

Your Account

If you create an account on the Site for scheduling services, submitting inquiries, or accessing customer resources, you are solely responsible for maintaining the confidentiality of your account credentials, including username and password, and for restricting access to your device. You accept full responsibility for all activities conducted under your account, whether authorized or unauthorized. You must notify First Class Plumbing immediately of any suspected breach or unauthorized access. First Class Plumbing reserves the right, in its sole discretion, to refuse service, suspend or terminate accounts, or remove or edit content if it detects misuse, fraud, or violations of these Terms.

Children Under Thirteen

First Class Plumbing does not knowingly collect personal information from individuals under thirteen (13) years of age, in compliance with the Children’s Online Privacy Protection Act (COPPA). If you are under eighteen (18), you may use the Site only with the express consent of a parent or legal guardian. First Class Plumbing reserves the right to terminate access for any user found to be under thirteen without parental consent.

Links to Third-Party Sites and Services

The Site may include links to third-party websites or services, such as booking platforms (e.g., Housecall Pro), payment processors, or social media. These links are provided solely for your convenience. First Class Plumbing does not control, endorse, or assume responsibility for the content, accuracy, privacy practices, or availability of third-party sites or services. You access third-party sites at your own risk. You acknowledge and agree that First Class Plumbing may share your data with third-party providers as necessary to facilitate requested services, in accordance with our Privacy Policy.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes, in strict compliance with these Terms. You shall not use the Site for any unlawful or prohibited purpose, including but not limited to:

• Attempting to gain unauthorized access to the Site, servers, or data;
• Interfering with or disrupting the Site’s functionality or performance;
• Using the Site to transmit malware, viruses, or harmful code;
• Engaging in conduct that impairs other users’ ability to use the Site.

All content on the Site, including but not limited to text, logos, images, videos, service descriptions, and software, is the exclusive property of First Class Plumbing or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content without prior written consent from First Class Plumbing. Any unauthorized use of protected content may result in civil and criminal penalties.

User Conduct

You agree to use the Site responsibly and in compliance with all applicable laws. You shall not:

• Submit false, misleading, or fraudulent information, including fake service requests or inaccurate property details;
• Engage in defamatory, abusive, or harassing behavior through the Site;
• Attempt to circumvent security measures or manipulate Site functionality;
• Use the Site to engage in activities that could harm First Class Plumbing’s reputation, operations, or systems.

Violations of this section may result in immediate termination of your access to the Site and potential legal action, including but not limited to claims for damages or injunctive relief.

Service-Specific Disclaimers

Plumbing, rooter, heating, ventilation, air conditioning (HVAC), and related services booked through the Site are provided on an “as is” and “as available” basis. First Class Plumbing makes no representations or warranties regarding the outcome of services. To the maximum extent permitted by law, First Class Plumbing shall not be liable for:

• Damages resulting from pre-existing conditions, such as undisclosed pipe, duct, or HVAC system defects;
• Losses due to customer negligence, including failure to provide accurate property information;
• Unforeseen issues discovered during service, such as hidden structural or mechanical defects;
• Delays or inability to complete services due to customer inaccessibility or non-compliance with service requirements.

Customers are responsible for providing complete and accurate property information to ensure safe and effective service delivery. First Class Plumbing reserves the right to refuse service if conditions are deemed unsafe or infeasible.

Payment Terms

Services booked through the Site may require a deposit or full payment in advance, as specified at the time of booking. All payments are non-refundable, except as expressly provided in First Class Plumbing’s cancellation policy, available at https://firstclassplumbingandac.com/cancellation-policy/. Late payments may incur a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. Failure to pay may result in service cancellation and legal action to recover outstanding amounts, including collection costs and reasonable attorney’s fees. First Class Plumbing accepts payments via methods specified on the Site and reserves the right to modify payment terms at any time.

Force Majeure

First Class Plumbing shall not be liable for any delay or failure to perform services or maintain Site functionality due to events beyond its reasonable control, including but not limited to natural disasters, earthquakes, floods, fires, labor disputes, material shortages, supply chain disruptions, government regulations, or acts of war or terrorism. In such cases, First Class Plumbing will notify affected customers and make reasonable efforts to resume performance as soon as practicable.

Indemnification

You agree to indemnify, defend, and hold harmless First Class Plumbing, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:

• Your use of or inability to use the Site;
• Your violation of these Terms or applicable laws;
• Your submission of false, inaccurate, or misleading information;
• Your infringement of any third-party rights, including intellectual property rights;
• Any damage to property or injury resulting from your failure to provide accurate service-related information.

First Class Plumbing reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully in such defense.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site, including breach, termination, or validity thereof, shall be resolved exclusively through final and binding arbitration pursuant to the Federal Arbitration Act. Arbitration shall be conducted by a single neutral arbitrator administered by the American Arbitration Association (AAA) or a similar reputable arbitration service, in Riverside County, California, in accordance with AAA’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. This arbitration provision shall survive termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and First Class Plumbing agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIRST CLASS PLUMBING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FIRST CLASS PLUMBING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, CONTENT, SERVICES, OR RELATED MATERIALS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SERVICES, AND RELATED MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIRST CLASS PLUMBING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SERVICES, AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRST CLASS PLUMBING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR PROPERTY DAMAGE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES, AND RELATED MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FIRST CLASS PLUMBING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restriction

First Class Plumbing reserves the right, in its sole discretion, to suspend, terminate, or restrict your access to the Site or any portion thereof at any time, without prior notice, for any reason, including but not limited to suspected fraud, misuse, violation of these Terms, or conduct detrimental to our operations. Upon termination, your right to access the Site ceases immediately, and First Class Plumbing may deactivate your account and delete associated data, subject to applicable law. You consent to the exclusive jurisdiction and venue of the state and federal courts in Riverside County, California, for any disputes not subject to arbitration.

Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Riverside County, California, and you irrevocably consent to the personal jurisdiction and venue of such courts.

Changes to Terms

First Class Plumbing reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Site, and the “Effective Date” will be updated accordingly. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review the Terms periodically to stay informed of updates.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and First Class Plumbing regarding your use of the Site. These Terms supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the subject matter herein. No joint venture, partnership, employment, or agency relationship exists between you and First Class Plumbing as a result of these Terms or your use of the Site.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.

Waiver

No waiver by First Class Plumbing of any right or remedy under these Terms shall be deemed a waiver of any other right or remedy, nor shall any waiver be effective unless in writing and signed by an authorized representative of First Class Plumbing. Any delay or failure to enforce any right or provision shall not constitute a waiver of such right or provision.

International Users

The Site is controlled and operated from within the United States. If you access the Site from outside the United States, you are responsible for complying with all applicable local laws and regulations. First Class Plumbing makes no representation that the Site or its content is appropriate or available for use in other jurisdictions.

Contact Information

For questions, comments, or concerns regarding these Terms, please contact:

First Class Plumbing and Rooter Services, Inc.
9327 Douglas Dr, Riverside, CA 92503
Email: support@fcprooter.com
Phone: (909) 602-2649

Effective Date: June 9, 2025