Terms of Service
Last revised: June 27, 2026
Important notice: these terms contain a binding arbitration agreement and a class-action waiver. Please read the dispute-resolution section carefully before using this site.
These Terms of Service govern every visit to emberlychimneyhuntingtonbeach.com and every service request submitted through it. By accessing the site, browsing its pages, submitting a service request, or otherwise using any feature Emberly Chimney Cleaners Huntington Beach makes available at emberlychimneyhuntingtonbeach.com, the visitor acknowledges that they have read, understood, and agreed to be bound by these terms in their entirety. A visitor who does not agree to these terms should leave the site immediately and refrain from submitting any request. Use of the site after June 27, 2026 constitutes acceptance of the version in effect at that time.
Changes to these terms
Emberly Chimney Cleaners Huntington Beach reserves the right to revise, update, or replace any portion of these Terms of Service at any time and at its sole discretion. When a revision is made, the date shown in the ‘Last updated’ field at the top of this page will be changed to reflect the effective date of the new version. Emberly Chimney Cleaners Huntington Beach is not obligated to provide individualized notice of changes, and visitors are encouraged to review this page periodically. A visitor who continues to use emberlychimneyhuntingtonbeach.com or submits a service request after a revised version has been posted will be considered to have accepted and agreed to the terms as they read on the date of that continued use.
Pricing, estimates, and payment
Emberly Chimney Cleaners Huntington Beach does not set, control, or guarantee the price of any home-service work. Any figure, range, or example price that may appear anywhere on emberlychimneyhuntingtonbeach.com is provided solely for general informational purposes and does not represent a binding quote or commitment by any party.
All estimates, quotes, and final prices are determined exclusively by the independent business that responds to a given service request. That business will assess the specific conditions, scope, and materials required and will set its own pricing accordingly. The amount a visitor sees on this site before being connected to a business may differ substantially from what that business ultimately charges.
Emberly Chimney Cleaners Huntington Beach does not collect payment for any home-service work, does not process transactions on behalf of any independent business, and does not guarantee, honor, or take responsibility for any discount, promotional offer, or special rate that any business may represent to a customer. Payment arrangements are made directly between the customer and the performing business.
Before
AfterLimitation of liability
emberlychimneyhuntingtonbeach.com and the referral service through which Emberly Chimney Cleaners Huntington Beach connects visitors with independent businesses are provided strictly on an ‘as is’ and ‘as available’ basis. Emberly Chimney Cleaners Huntington Beach makes no warranty, express or implied, that any independent business will be available to take a referral, will contact a requesting visitor within any particular time, or will produce any specific result. No warranty of merchantability, fitness for a particular purpose, or non-infringement is made with respect to the website or the referral service.
To the fullest extent permitted by applicable law, Emberly Chimney Cleaners Huntington Beach, its owners, officers, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, loss of data, or damage to tangible property, arising out of or in any way connected with a visitor’s use of emberlychimneyhuntingtonbeach.com or the referral service, even if Emberly Chimney Cleaners Huntington Beach has been advised of the possibility of such damages.
In all events, the total aggregate liability of Emberly Chimney Cleaners Huntington Beach to any person for any claim arising out of or relating to emberlychimneyhuntingtonbeach.com or the referral service - regardless of the legal theory asserted - shall not exceed one hundred dollars ($100.00) or the total amount that person actually paid directly to Emberly Chimney Cleaners Huntington Beach in connection with the claim, whichever is greater. Because Emberly Chimney Cleaners Huntington Beach does not collect payment for home-service work, the amount a visitor has paid Emberly Chimney Cleaners Huntington Beach is ordinarily zero, meaning the cap is ordinarily one hundred dollars ($100.00).
This limitation applies solely to any liability that may arise from Emberly Chimney Cleaners Huntington Beach’s own conduct in operating the website and referral service. Responsibility for the quality, safety, timeliness, and outcome of all work performed rests entirely with the independent business that performed it. Nothing in this section is intended to limit, reduce, or cap the liability of any independent business for its own acts, omissions, or workmanship - that is a matter between the customer and the performing business.
Eligibility to use the site
Use of emberlychimneyhuntingtonbeach.com and submission of a service request are available only to individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding contract under applicable law. By submitting a service request, the user represents and warrants that they meet both of those requirements.
In addition, the user represents that they have the legal authority to authorize work at the property address provided in the service request - whether as the property owner, a tenant with authority to approve the requested scope of work, or an authorized agent of the person who holds that authority. Emberly Chimney Cleaners Huntington Beach is entitled to rely on that representation.
Dispute resolution, arbitration, and class-action waiver
Please read this section carefully. It affects legal rights, including the right to sue in court and to participate in a class action.
(a) Informal resolution first. Before initiating any formal legal proceeding, the user agrees to contact Emberly Chimney Cleaners Huntington Beach through https://emberlychimneyhuntingtonbeach.com/contact-us/ and describe the nature of the dispute in reasonable detail, giving Emberly Chimney Cleaners Huntington Beach at least thirty (30) days to attempt an informal resolution. Many concerns can be addressed efficiently through this process, and both parties agree to make a good-faith effort to resolve the matter before escalating.
(b) Binding individual arbitration. If informal efforts do not resolve the dispute within the thirty-day period, the user and Emberly Chimney Cleaners Huntington Beach agree that the dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules as in effect at the time the demand is filed. The arbitration will be conducted before a single neutral arbitrator. Both the user and Emberly Chimney Cleaners Huntington Beach give up the right to have the dispute heard in a court of law by a judge, except as provided in subsection (f) below.
(c) Class-action and representative-action waiver. All claims subject to arbitration must be brought in an individual capacity only. The user and Emberly Chimney Cleaners Huntington Beach each waive any right to participate in or initiate a class action, collective action, or consolidated action, and each waives any right to class or representative arbitration. The arbitrator is not authorized to consolidate claims from different individuals, to preside over any form of class or collective proceeding, or to award relief to anyone other than the individual claimant.
(d) Jury waiver. For any dispute that is permitted to proceed in court, both the user and Emberly Chimney Cleaners Huntington Beach expressly waive the right to a trial by jury.
(e) Thirty-day opt-out right. A user who does not wish to be bound by this arbitration agreement may opt out by sending written notice of that decision to Emberly Chimney Cleaners Huntington Beach through https://emberlychimneyhuntingtonbeach.com/contact-us/ within thirty (30) days of the date the user first accepted these Terms of Service. Opting out of arbitration has no effect on any other provision of these terms.
(f) Small-claims and injunctive-relief carve-out. Notwithstanding the foregoing, either party may bring an individual claim in small claims court if that court has jurisdiction over the matter. Either party may also seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent the misuse of the site or the misappropriation of intellectual property, without first going through the informal-resolution or arbitration process.
Independent businesses and partner liability
Every business that responds to a service request submitted through emberlychimneyhuntingtonbeach.com is an independent contractor. Those businesses are not employees, agents, legal representatives, joint venturers, or partners of Emberly Chimney Cleaners Huntington Beach in any legal sense. Emberly Chimney Cleaners Huntington Beach does not control, supervise, or direct how any of those businesses perform their work, manage their personnel, price their services, or conduct their operations.
Emberly Chimney Cleaners Huntington Beach is not responsible and shall not be liable for the workmanship of any independent business, the quality or safety of any work completed, the timeliness of any service call, the accuracy of any price quoted, the licensing or insurance status of any business, the conduct or qualifications of any employee or subcontractor that business uses, or any act, omission, negligence, property damage, personal injury, or other loss caused by that business or any person acting on its behalf.
When a service request is submitted and a business accepts it, the resulting service agreement or contract for the work is formed directly and solely between the customer and that independent business. Emberly Chimney Cleaners Huntington Beach is not a party to that contract and does not assume any obligation under it.
A referral through emberlychimneyhuntingtonbeach.com is not an endorsement, certification, or guarantee of any business, its personnel, or the work it performs. Customers are strongly encouraged to verify the independent business’s licensing and insurance credentials, read any written estimate or contract thoroughly, and ask questions before authorizing work to begin. Any dispute arising from the work itself - including disputes about quality, safety, damage, or payment - is a matter between the customer and the business that performed the work.
Warranties and satisfaction coordination
Because Emberly Chimney Cleaners Huntington Beach does not perform any home-service work, it makes no warranty or guarantee of any kind with respect to workmanship, labor, parts, or materials used on any job. Emberly Chimney Cleaners Huntington Beach has no obligation and no capacity to warrant that any work will meet a particular standard, comply with any code, or remain free of defects.
Any warranty on the work itself is the sole responsibility of the independent business that performed it, and the terms of that warranty are set by that business. Any warranty on parts or materials is governed by the manufacturer’s own warranty terms - not by anything Emberly Chimney Cleaners Huntington Beach has stated or implied. Customers should request the performing business’s warranty terms in writing before authorizing the job and should retain that documentation.
If a customer is dissatisfied with completed work, Emberly Chimney Cleaners Huntington Beach may, as a courtesy, act as a go-between: it can attempt to coordinate a return visit by the original business or, if that is not feasible, introduce another independent business from its referral network. This coordination effort is a discretionary courtesy only. It carries no guarantee of any particular outcome, and Emberly Chimney Cleaners Huntington Beach will not itself perform, redo, or repair any work under any circumstances. Emberly Chimney Cleaners Huntington Beach will not refund any amount paid to an independent performing business, as those payments are made directly to and controlled by that business.
Governing law and venue
These Terms of Service are governed by and construed in accordance with the laws of the State of CA, without giving effect to any conflict-of-law provision or rule that would cause the laws of another jurisdiction to apply. Subject to the binding arbitration agreement set out in the dispute-resolution section above, any legal proceeding that is permitted to be brought in court must be filed exclusively in the state or federal courts located in CA, and the user consents to personal jurisdiction in those courts for that purpose.
How Emberly Chimney Cleaners Huntington Beach operates
Emberly Chimney Cleaners Huntington Beach operates emberlychimneyhuntingtonbeach.com as a lead-generation and referral service for home services in Huntington Beach, CA and the surrounding areas. The company advertises home-service categories online, receives service requests submitted through the site and by phone, and passes those requests to independent home-service professionals and local businesses within its referral network.
Every estimate, repair, installation, inspection, and service call that results from a request submitted through emberlychimneyhuntingtonbeach.com is performed by those independent professionals and local businesses - not by Emberly Chimney Cleaners Huntington Beach. That is true without exception. Emberly Chimney Cleaners Huntington Beach does not employ tradespeople, technicians, or any other field personnel, and it does not direct, oversee, or supervise how any independent business carries out any job.
Scheduling, scope of work, materials selection, and pricing for any particular job are determined by the independent business that accepts the request. Availability of any business for any given request is not guaranteed. Emberly Chimney Cleaners Huntington Beach’s role begins and ends with marketing, intake, and referral - it has no further involvement in the work once a request is passed along.
Indemnification
By using emberlychimneyhuntingtonbeach.com, the user agrees to indemnify, defend, and hold harmless Emberly Chimney Cleaners Huntington Beach, its owners, officers, employees, and affiliates, as well as each independent business in its referral network, from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and reasonable attorneys’ fees that arise out of or relate to any of the following:
- The user’s access to or use of emberlychimneyhuntingtonbeach.com or any feature or content it contains;
- The information the user submits in connection with a service request, including the accuracy of that information and the user’s representation that they are authorized to provide the phone number and property address included in the request;
- The user’s breach of any provision of these Terms of Service or of any applicable federal, state, or local law or regulation; or
- The user’s interactions, transactions, agreements, or disputes with any independent business to which the user was referred through emberlychimneyhuntingtonbeach.com.
This indemnification obligation survives the termination or expiration of the user’s use of emberlychimneyhuntingtonbeach.com and continues in full force regardless of the reason the user’s use of the site ends. Emberly Chimney Cleaners Huntington Beach reserves the right to assume exclusive control of the defense of any matter subject to indemnification, and the user agrees to cooperate fully in that defense at the user’s own expense.
Contact and questions
Questions, concerns, or comments about these Terms of Service may be directed to Emberly Chimney Cleaners Huntington Beach through the contact page at https://emberlychimneyhuntingtonbeach.com/contact-us/. Emberly Chimney Cleaners Huntington Beach will make reasonable efforts to respond in a timely manner.