Terms of Service

01 Acceptance of Terms

Your use of our website and services constitutes acceptance of these Terms and our Privacy Policy. These Terms apply to all visitors, clients, and others who access or use our services.

If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business, and "you" refers to both you personally and that business.

02 Eligibility

To use our website and services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Own the property where work will be performed, or have written authorization from the property owner
• Not be barred from receiving services under the laws of the United States or any applicable jurisdiction

03 Website Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of, this website by any third party. Prohibited conduct includes:

• Attempting to gain unauthorized access to any portion of the website or its related systems
• Using any automated system, including scrapers or bots, to access the website in a manner that sends more requests than a human can reasonably produce
• Introducing viruses, trojans, worms, or other malicious code
• Collecting or harvesting information about other users
• Using the website to send unsolicited commercial communications
• Impersonating WarmPath Digital, an employee, or another user

We reserve the right to block access to the website for any user who violates these provisions.

04 Quotes and Estimates

Estimates provided through our online pricing calculator are for informational purposes only. They are based on average conditions and are not a binding offer.

A binding quote is issued only after an on-site inspection and is delivered in writing. Our written quotes are valid for 30 days from the date of issue unless otherwise stated.

05 Scheduling and Access

When you schedule an installation or service visit, you agree to:

• Provide safe and reasonable access to the work area, including clearance for equipment and personnel
• Ensure that utility locates have been requested if you are performing any excavation work on the property
• Remove vehicles, outdoor furniture, and other obstructions from the work area
• Ensure that pets are secured and children are supervised during the work
• Provide adequate electrical and water access if required for the installation

If access is not available when our crew arrives, we may need to reschedule, and a trip charge may apply. We will notify you in advance of any such charge.

06 Payment Terms

Unless otherwise stated in your written quote, payment terms for installations are as follows:

• Deposit. A deposit of 30% is due at the time of scheduling to reserve materials and crew time.
• Progress payment. A payment of 40% is due at the midpoint of the project, typically after base preparation and heating element installation.
• Final payment. The remaining 30% is due upon completion and system activation, or per the terms of your financing agreement.

For repairs and service calls, payment is due upon completion unless other arrangements have been made in writing. We accept check, ACH transfer, and all major credit cards. Returned checks are subject to a $35 processing fee.

07 Financing Referrals

WarmPath Digital is not a lender. Financing is provided by independent third-party lending partners. When you request pre-qualification, we share your information with those partners as described in our Privacy Policy.

Your financing agreement is between you and the lender. WarmPath Digital is not a party to that agreement and is not responsible for the lender's decisions, rates, terms, or conduct.

Approval, interest rates, and terms are determined solely by the lender based on their own underwriting criteria. We do not guarantee approval or any specific rate.

08 Change Orders

Any change to the scope of work must be documented in a written change order signed by both parties before the additional work begins. Change orders will specify the additional cost, any schedule impact, and any adjustments to the warranty.

If concealed conditions are discovered during the project that could not reasonably have been identified during the initial inspection, we will stop work, document the finding with photographs, and present you with the options. We will not proceed with additional work or charges without your written approval.

09 Cancellation

You may cancel a scheduled installation by providing written notice. Cancellation fees apply as follows:

• More than 14 days before the scheduled start date: No cancellation fee; full deposit refunded.
• 7 to 14 days before the scheduled start date: Deposit refunded minus any non-recoverable material costs already incurred.
• Less than 7 days before the scheduled start date: Deposit is non-refundable, as crew time and materials have been committed.
• After work has started: You are responsible for the value of all work completed and materials delivered or ordered up to the point of cancellation.

We may cancel or reschedule work due to weather, unsafe conditions, or events beyond our reasonable control. If we cancel for such reasons, no cancellation fee applies and any deposit is refunded or applied to the rescheduled date at your election.

10 Warranty

Our warranty terms are described in full on our Warranty page, which is incorporated into these Terms by reference. In summary:

• 10-year workmanship warranty on new installations
• 5-year workmanship warranty on retrofit installations
• 12-month warranty on repair work
• Manufacturer warranties on equipment and components

The warranty is subject to the conditions, exclusions, and maintenance requirements described on the Warranty page. Failure to perform required annual maintenance on hydronic systems will void the workmanship warranty.

11 Client Responsibilities

To help us deliver a quality installation and to preserve your warranty coverage, you agree to:

• Provide accurate information about your property, utilities, and existing systems
• Disclose any known issues with the surface, drainage, or electrical panel
• Perform required annual maintenance on hydronic systems
• Not use salt or chloride de-icers on the heated surface
• Not perform unauthorized modifications to the system
• Notify us promptly of any performance issue or suspected damage
• Not permit third parties to excavate, plow with metal blades, or perform work that could damage the system

12 Intellectual Property

All content on this website, including text, graphics, logos, images, layouts, and code, is the property of WarmPath Digital or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or republish any portion of the website without our prior written consent, except for personal, non-commercial use.

Photos of completed installations may be used by us for marketing purposes unless you request otherwise in writing before the project begins.

13 Disclaimers

Our website and its content are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the website, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. Information on the website, including pricing calculators and general guidance, is for informational purposes only and does not constitute a binding offer or professional advice.

Any reliance you place on information from our website is strictly at your own risk. Always obtain a written quote after an on-site inspection before making a decision.

14 Limitation of Liability

To the maximum extent permitted by law, WarmPath Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, including lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or related to a project shall not exceed the total amount you paid to us for the specific project giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15 Indemnification

You agree to indemnify, defend, and hold harmless WarmPath Digital, its officers, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any inaccurate information you provide to us
• Any damage caused by third parties you authorize to access the system

16 Dispute Resolution

We prefer to resolve disputes directly. If a dispute arises, please contact us first at [email protected] or call (612) 461-7966. We will work in good faith to reach a resolution.

If we cannot resolve a dispute through direct discussion, both parties agree to attempt mediation before pursuing litigation. Mediation will be conducted in Hennepin County, Minnesota, and the costs will be shared equally unless otherwise agreed.

If mediation is unsuccessful, any remaining dispute shall be resolved in the state or federal courts located in Hennepin County, Minnesota, and both parties consent to the personal jurisdiction of those courts.

17 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.

18 Changes to Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of our website or services after any change means you accept the updated Terms.

For active projects, the version of these Terms in effect at the time you signed your written quote governs the project, unless both parties agree in writing to an update.

19 Contact Us

If you have questions about these Terms of Service, please contact us:

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