Mel’s Heating & Air, Inc.
Terms of Use – May 10, 2026
TERMS OF USE
Version date: May 10, 2026
These Terms of Use (“Terms”) govern your access to and use of our website https://melsair.com (“Website”), and more generally, use any of our services (collectively the “Services”, which include the Website) offered and provided by Mel’s Heating & Air Inc. (“Mel’s”, “we”, “us”, or “our”). These Terms constitute a legal and binding agreement between you and Mel’s Heating & Air Inc. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do you may not use the Services and must immediately close our Website.
I. PRIVACY POLICY
By continuing to use the Website and any other Services, you are also agreeing to our Privacy Policy that is expressly incorporated into these Terms. Our Privacy Policy may be accessed here: https://melsair.com/privacy-policy/.
II. EMAIL MARKETING AND COMMUNICATIONS
By providing your email address to Mel’s or subscribing to any email communications or newsletters from us, you consent to receive marketing communications, including promotional offers, event invitations, news, and updates about products, services, and events from Mel’s.
You may opt-out of receiving marketing emails at any time by using the unsubscribe link provided in each email or by contacting us at info@melsair.com. Please note that even if you opt-out of marketing emails, you may still receive transactional or service-related emails, such as receipts, order confirmations, or account-related communications.
We respect your privacy and handle your email and other personal data in accordance with our Privacy Policy. By agreeing to these Terms, you also acknowledge that Mel’s may use your information for email marketing purposes, as described in the Privacy Policy.
III. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Website and/or Services; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
IV. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, the “look and feel” of each Site and its associated lower-level webpages, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use of the Services. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
V. USER REPRESENTATIONS
By using the Website and the Services, you represent and warrant that: (1) all information you submit to us will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Website for any illegal or unauthorized purpose; and (7) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your ability to use the Website and refuse any and all current or future use of the Website (or any portion thereof).
VI. PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Website, you agree not to:
1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us, other users, and/or the Website.
5. Use any information obtained from the Website in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Website in a manner inconsistent with any applicable laws or regulations.
8. Use the Website to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Website.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
11. Engage in any automated use of the system such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
18. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
19. Copy or adapt the Website’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cHeating utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Website.
23. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
24. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
VII. USER-SUBMITTED CONTENT
Certain areas of the Services may enable you to submit content such as remarks, ideas, images, photos, suggestions, and other materials (“Submitted Content”), such as the blog available on our Website. By submitting content, you grant Mel’s a non-exclusive, royalty-free, perpetual license to use it for commercial or other purposes. However, nothing in these Terms waives your rights under California law regarding your ability to make statements about our Services. Mel’s does not require users to relinquish rights to provide feedback or criticism about the company or its offerings.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination or these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
VIII. HYPERLINKS
The Website and other Services may contain links to third party websites that are not maintained by Mel’s. These links are provided as a service and may not be affiliated with or endorsed by Mel’s. We are not responsible for the content of any third-party website and provides these links at your own risk.
IX. VIOLATION OF THESE TERMS AND REMEDIES
Mel’s may block or terminate your access to the Website and other Services if it determines that you have violated these Terms. Such violations may result in irreparable harm to Mel’s, and legal action may be taken. We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
X. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND/OR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
XI. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website and Services. We also reserve the right to modify or discontinue all or part of the Website and Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website and Services during any downtime or discontinuance of the Website or Services. Nothing in these Terms will be construed to obligate us to maintain and support the Website and Services or to supply any corrections, updates, or releases in connection therewith.
XII. CORRECTIONS
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
XIII. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may contact the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112. Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
XIV. GOVERNING LAW AND JURISDICTION
The Website, Content on the Website, and the Services are created and controlled by Mel’s Heating & Air Inc. in the State of California, United States of America. You agree that these Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You agree that all legal proceedings arising out of or in connection with these Terms, its associated Privacy Policy, or the Site Content must be brought in the federal or state courts for the County of Stanislaus, California, and that your claim(s) will be forever waived and barred unless filed within one year of the time in which the event(s) giving rise to such claim(s) began. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
XV. WAIVER OF JURY RIGHT / CLASS ACTION WAIVER
To the maximum extent permitted by applicable law, you and we agree to only bring disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. These Terms do not constitute a waiver of any of your rights and remedies to individually pursue a claim in federal or state court as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
If all or any provision of this section is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and we agree that it will not be severable; this entire section will be void and unenforceable and any dispute will be resolved in federal or state court subject to the venue and choice of law clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without our express consent.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN, OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON OR ENTITY RELATED TO US, OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICES.
XVI. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Website or Services, or in respect to the Website or Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be 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. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your use of the Website and/or Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
XVII. CONTACTING LIN’S RESTAURANT GROUP
For any questions regarding these Terms, you may contact us at:
Mel’s Heating & Air Inc.
1745 McCormick Street
Turlock, CA 95380
United States
Tel. (209) 664-0331