Terms of Use

BILL HOWE FAMILY OF COMPANIES - TERMS OF USE

Last Updated: May 5th, 2026

These Terms of Use (“Terms”) are a legal agreement between you (“you” or “your”) and Bill Howe Plumbing, Inc., Bill Howe Heating & Air Conditioning, Inc., and Bill Howe Restoration & Flood Services, Inc. (collectively, “Bill Howe,” “Company,” “we,” “us,” or “our”) and govern your use of the website located at https://www.billhowe.com (the “Site”) and all text, data, information, software, graphics, videos, audio, photographs, and other materials (the “Materials”) that we and our affiliates may make available to you through any area of the Site.

READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

NOTICE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS. PLEASE READ SECTION 14 CAREFULLY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. Changes to These Terms

We may modify, update, or change these Terms at any time. Such modifications are effective immediately upon posting the revised Terms on the Site. If you object to any modification, your sole remedy is to stop using the Site. Continued use of the Site after any modification constitutes your acceptance of the revised Terms. These Terms may be supplemented by expressly designated legal notices or terms located on particular pages of the Site, which are incorporated into these Terms and supersede any conflicting provision herein.

2. Eligibility

By using the Site, you represent that you are at least eighteen (18) years of age. If you are under eighteen (18) years of age (a “Minor”), you may use the Site only with the consent of your parent or legal guardian, who agrees to be bound by these Terms on your behalf and to fully indemnify and hold us harmless if you breach any of these Terms. No one under the age of thirteen (13) is permitted to use the Site.

3. License to Use the Site

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access, use, and display the Materials on the Site for your personal, non-commercial use, conditioned on your compliance with these Terms. You may not distribute, publicly display, publicly perform, or otherwise use the Materials outside the Site. You have no other rights in the Site or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Site or any of the Materials in any manner. If you make copies of any Materials, you must retain all copyright and proprietary notices as they appear on the Site. Any breach of these Terms automatically terminates this license, and you must immediately destroy any downloaded or printed Materials.

4. Using the Site

You are responsible for complying with these Terms when you access and use the Site. You are responsible for obtaining and maintaining all equipment and services needed to access and use the Site, and for paying all related charges.

5. Electronic Communications and SMS/MMS Program

By using the Site, including by submitting any form, requesting an appointment, initiating a live chat session, or providing your contact information through the Site, you consent to receiving electronic communications from us, including via email and, if you have opted in, via text message (SMS/MMS). These electronic communications may include notices about applicable fees, transactional information, and other information concerning or related to the Site or the services we offer. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Bill Howe SMS/MMS Program Terms and Conditions

Program Description. When opted in, you may receive text messages (SMS/MMS) to your mobile number. These messages may include responses to service inquiries, appointment scheduling and confirmations, technician dispatch notifications, service reminders, follow-up communications, feedback requests, and, if separately consented to, promotional messages.
Frequency. Message frequency varies based on your interactions with Bill Howe. You may receive up to ten (10) messages per month, though frequency is not guaranteed or limited to that number during active service engagements.
Costs. Message and data rates may apply for messages sent to you from us and to us from you. Contact your wireless carrier if you have questions about your text or data plan.
Carrier Disclaimer. Carriers, including but not limited to AT&T, T-Mobile, and Verizon, are not liable for delayed or undelivered messages.
Opt-Out. You may opt out of SMS/MMS messages at any time by replying STOP to any message from us. After you text STOP, we will send a confirmation message that you have been unsubscribed. You will no longer receive SMS messages from us unless you re-enroll by texting START or by opting in again through the Site.
Help. If you are experiencing issues with our messaging program, reply HELP to any message from us, or contact us directly at (619) 286-6268 or .
Consent. Your consent to receive SMS/MMS messages is not a condition of purchasing any goods or services from Bill Howe. Your mobile number and messaging data will not be sold or shared with third parties for their own marketing purposes. We may share your information with service providers who support our communications systems (such as ServiceTitan) solely for the purpose of delivering messages you have consented to receive.
Compliance. This SMS/MMS program is designed to support compliance with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and applicable 10DLC registration and carrier guidelines.

6. Privacy Policy

We respect the information you provide to us. Please review our Privacy Policy at https://www.billhowe.com/privacy-policy/, which explains how we collect, use, and protect your information. Our Privacy Policy is incorporated into these Terms by reference.

7. Links to Third-Party Sites

The Site may contain links to third-party websites for your convenience. We do not control, endorse, or assume responsibility for any third-party websites or their content, products, services, or privacy practices. If you access a third-party website from the Site, you do so at your own risk and are subject to that site’s terms and privacy policies.

YOU AGREE THAT BILL HOWE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

8. User-Submitted Content

Certain areas of the Site may permit you to upload or submit information, images, video, data, text, messages, or other materials (each, a “User Submission”). You are solely responsible for all User Submissions, and any User Submission is considered non-confidential and non-proprietary. Do not submit information through the Site that you wish to keep confidential.

By providing any User Submission, you represent and warrant that:

You own all rights in your User Submission or have acquired all necessary rights to grant us the license described herein;
Your User Submission does not infringe the copyright, trademark, patent, trade secret, privacy rights, or any other legal or moral rights of any third party;
Any information in your User Submission is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any applicable law;
Your User Submission is not defamatory, libelous, hateful, threatening, harassing, vulgar, pornographic, obscene, or invasive of another’s privacy;
You were not compensated by any third party for submitting your User Submission; and
Your User Submission does not contain viruses, worms, spyware, or other potentially damaging programs or files.

By providing a User Submission, you grant to Bill Howe an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission, in whole or in part, in any format or medium now known or later developed, for any purpose we deem appropriate, including commercial purposes.

We may, but are not obligated to, pre-screen, monitor, edit, or remove any User Submission at any time and for any reason. We are not responsible for any loss, theft, or damage to any User Submission.

9. Prohibited Uses

Your use of the Site is authorized only for individual, personal, non-commercial purposes (“Permitted Purposes”). Any other use is prohibited. Without limiting the foregoing, you may not use the Site:

For any public or commercial purpose, including use of the Materials on another site or through a networked computer environment;
In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes the Site;
In a manner that violates any applicable law, statute, regulation, rule, order, or treaty;
To stalk, harass, or harm another individual;
To impersonate any person or entity or misrepresent your affiliation with a person or entity;
To write or solicit fake reviews, trade reviews, or create a conflict of interest;
To infringe any intellectual property or privacy rights of any person;
To interfere with or disrupt the Site or servers or networks connected to the Site;
To harvest or collect email addresses or other contact information of other users;
To use data mining, robots, or similar data gathering or extraction methods; or
To attempt to circumvent any content-filtering techniques or gain unauthorized access to any portion of the Site.

10. Indemnification

You agree to indemnify and hold Bill Howe and its officers, employees, directors, agents, and affiliates harmless from and against any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, claims, actions, and injuries (including death) arising out of or relating to your use of the Site or Materials, your violation of these Terms, or your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of any such claim.

11. Proprietary Rights

The trademarks, service marks, trade names, and logos of Bill Howe (“Our Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Bill Howe. Other company, product, and service names on the Site may be trademarks or service marks owned by others (“Third-Party Trademarks”). Nothing in these Terms grants, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of the trademark owner. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified, all Materials, including their arrangement on the Site, are our sole property or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

12. Intellectual Property Infringement

We respect the intellectual property rights of others. If you believe your copyright or other intellectual property right is being infringed by content on the Site, please provide written notice to:

Bill Howe Family of Companies
Attn: Legal Department
9210 Sky Park Ct
San Diego, CA 92123

Your written notice must:

Contain your physical or electronic signature;
Identify the copyrighted work or intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate it;
Contain adequate information by which we can contact you (postal address, telephone number, and email address);
Contain a statement that you have a good faith belief that the use of the material is not authorized by the owner, the owner’s agent, or the law;
Contain a statement that the information in the notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or intellectual property owner.

DMCA Counter-Notification. If you believe material was removed or disabled in error pursuant to a DMCA takedown notice, you may submit a counter-notification to the address above containing: (1) your physical or electronic signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal courts in San Diego, California.

13. Disclaimer of Warranties; Limitation of Liability

THE SITE AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE SITE AND MATERIALS, INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

YOU USE THE SITE AND MATERIALS AT YOUR SOLE RISK. IN NO EVENT SHALL BILL HOWE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Dispute Resolution and Arbitration; Mass Arbitration; Class Action Waiver

This Section 14 constitutes a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”). You and Bill Howe each agree that this Section is intended to satisfy the “writing” requirement of the FAA.

THE FOLLOWING PROVISIONS INCLUDE A PRE-DISPUTE RESOLUTION PROCESS, A BINDING ARBITRATION PROVISION, A MASS ARBITRATION PROVISION, AND A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Scope. You and Bill Howe agree that any dispute, claim, or controversy arising out of or relating to (i) your use of the Site or Materials, or (ii) the use, payment for, or provision of any services offered or scheduled through the Site, including the interpretation, applicability, enforceability, or formation of these Terms (each, a “Dispute”), shall be resolved exclusively through confidential, final, and binding individual arbitration, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights. This arbitration provision is intended to be interpreted and enforced in accordance with the FAA.
Opt-Out. You may opt out of this arbitration provision by sending a personally signed written notice to Bill Howe at the following address within thirty (30) calendar days of your first use of the Site after these Terms become effective:

Bill Howe Family of Companies
Attn: Legal Department, Arbitration Opt-Out
9210 Sky Park Ct
San Diego, CA 92123

Your opt-out notice must include: (1) your full name; (2) your mailing address; (3) your email address; and (4) a clear statement that you wish to opt out of the arbitration and class action waiver provisions in these Terms. If you timely opt out, all other provisions of these Terms remain in effect.

Pre-Arbitration Dispute Resolution. Before initiating arbitration, you and Bill Howe agree to first attempt to resolve any Dispute informally. The party asserting a Dispute must send a written demand (“Demand”) to the other party. You must send your Demand to the address listed in Section 14(b). Bill Howe will send any Demand to you via certified mail to the most recent address we have on file, or by email if we only have an email address for you.

A Demand must: (1) be submitted on an individual basis only; (2) state the full factual and legal basis for the Dispute and the date it arose; (3) include the claimant’s full name, phone number, and email address; and (4) be personally signed by the individual claimant (or, for Bill Howe, by an authorized representative), not solely by counsel.

Within twenty (20) business days of receiving a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute. Both you and Bill Howe (or your respective authorized representatives) must personally attend any such conference, with counsel if desired. Neither party may initiate arbitration or file a lawsuit until after the period to request a conference has expired or, if a conference is requested, twenty (20) business days after the conference is completed. Compliance with this pre-arbitration process is mandatory and a condition precedent to initiating any arbitration or litigation. All applicable statutes of limitations and filing deadlines are tolled while the parties engage in this process.

Arbitration Procedure. If the Dispute is not resolved through the pre-arbitration process, either party may initiate arbitration by filing a demand with JAMS. The arbitration will be conducted under JAMS Comprehensive Arbitration Rules and Procedures, including the JAMS Consumer Arbitration Minimum Standards (as applicable), as modified by these Terms. JAMS rules and forms for initiating arbitration are available at https://www.jamsadr.com/rules-comprehensive-arbitration/.

The arbitrator, and not any court, shall have exclusive authority to resolve all Disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable, except that a court may enforce the pre-arbitration Dispute resolution requirements in Section 14(c).

The arbitration shall be held in San Diego County, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be by telephone or video conference unless the arbitrator requires otherwise.

The arbitrator will apply the substantive laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award may be entered in any court of competent jurisdiction. Payment of all filing, administration, and arbitrator fees will be governed by JAMS rules. Bill Howe will pay its share of arbitration fees within thirty (30) days of the date they are due.

Class Action Waiver. You and Bill Howe agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise or the Mass Arbitration provisions below are triggered, the arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim(s). Any relief awarded may not affect any other person or party.

If this class action waiver is found unenforceable for any reason, the prohibition on class and representative actions set forth in this paragraph is severable and shall apply in any forum. YOU ARE WAIVING THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.

YOU ARE ALSO WAIVING THE RIGHT TO A JURY TRIAL.

Mass Arbitration. If, at any time, twenty-five (25) or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Bill Howe, and counsel for the claimants are coordinated or acting in concert (a “Mass Filing”), the following procedures apply:

(i) Provider. Mass Filing claims shall be administered by National Arbitration and Mediation (“NAM”) under NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”), available at https://www.namadr.com/resources/rules-fees-forms/, as modified by these Terms.

(ii) Procedural Arbitrator. The parties agree to the appointment of a Procedural Arbitrator pursuant to NAM’s Mass Filing Rules. The Procedural Arbitrator shall have authority to determine jurisdiction and arbitrability, including any issue regarding the validity, existence, formation, or scope of the agreement under which arbitration is sought, and the proper parties to the arbitration.

(iii) Stage One: Initial Bellwether Proceedings. Counsel for the claimants and counsel for Bill Howe shall each select fifteen (15) claims per side (thirty (30) claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each individual arbitration shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. These bellwether proceedings are non-binding on any claimant whose claim is not selected. Any remaining claims shall not be filed or deemed filed in arbitration, and no arbitration fees shall be assessed in connection with those claims, until they are selected for individual arbitration as part of the staged process. After the initial bellwether proceedings are completed, the parties shall promptly engage in a global mediation of all remaining claims with a retired federal or state court judge, with Bill Howe paying the mediator’s fee.

(iv) Stage Two: Additional Bellwether Proceedings. If remaining claims are not resolved through mediation, counsel for the claimants and counsel for Bill Howe shall each select twenty (20) claims per side (forty (40) claims total) to proceed in individual arbitrations as part of a second staged process, subject to any procedural modifications agreed to in writing. These bellwether proceedings are also non-binding on non-selected claimants. After the second stage is completed, the parties shall promptly engage in a second global mediation with a retired federal or state court judge, with Bill Howe paying the mediator’s fee.

(v) Post-Stage Two Resolution. If your claim is not resolved as part of the staged process, either:

Option One: You or Bill Howe may separately or by agreement opt out of arbitration and elect to have the claim heard in court consistent with these Terms. You may opt out by sending a personally signed notice to the address in Section 14(b) within thirty (30) days after the conclusion of Stage Two or its associated mediation. Bill Howe may opt your claim out of arbitration by sending a personally signed notice to your counsel within fourteen (14) days after your opt-out period expires. Counsel for the parties may agree to adjust these deadlines.

Option Two: If neither party elects Option One, the remaining claims shall proceed in continuing staged individual arbitrations. If the number of remaining claims exceeds one hundred (100), then one hundred (100) claims shall be randomly selected (or selected through a process agreed to by the parties’ counsel) to proceed. If fewer than one hundred (100) claims remain, all shall proceed. After each set of one hundred (100) claims is resolved, this process repeats.

(vi) Good Faith and Tolling. You and Bill Howe agree to act in good faith throughout the Mass Filing process. All applicable statutes of limitations and filing fee deadlines are tolled while the parties engage in these procedures. Counsel for the parties are encouraged to meet and confer to explore efficiencies, increase throughput, and resolve remaining claims.

(vii) Severability. If any part of this Mass Arbitration provision is found invalid or unenforceable, the remainder shall continue in effect. A court of competent jurisdiction may enforce these Mass Filing provisions and, if necessary, enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If a court determines these Mass Filing procedures are not enforceable as to your claim, your claim shall proceed before JAMS under JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If JAMS procedures are also found unenforceable, remaining claims shall be resolved through Option One or Option Two above.

15. Promotional Offers

Promotional offers, coupons, and special pricing displayed on the Site are subject to additional terms and conditions as specified at the time of the offer. All promotions are subject to availability, may be modified or discontinued at any time without notice, and may not be combined with other offers unless expressly stated. Bill Howe reserves the right to refuse or cancel any promotional offer where fraud or abuse is suspected.

16. Feedback

Any comments, questions, suggestions, or other feedback (“Feedback”) you provide to us through any communication will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in any Feedback, and we are free to use, without attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property contained in the Feedback for any purpose, including developing, manufacturing, licensing, marketing, and selling products and services. Where the foregoing assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit the Feedback as we may determine.

17. Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and to block your future access to the Site, including where we reasonably determine that: (a) your use of the Site violates these Terms or applicable law; (b) you fraudulently use or misuse the Site; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. Your sole remedy with respect to any dissatisfaction with the Site, these Terms, any Company policy, or any content transmitted through the Site is to discontinue your use of the Site.

18. Governing Law and Venue

The Federal Arbitration Act, California state law, and applicable United States federal law, without regard to choice-of-law or conflicts-of-law provisions, govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) do not apply. Any disputes relating to these Terms or the Site that are not subject to arbitration will be heard exclusively in the state or federal courts located in San Diego County, California.

19. General Provisions

If any provision of these Terms is found inconsistent with applicable law, that provision shall be interpreted to reflect the parties’ intentions, and no other provision shall be modified. Our failure to enforce any provision is not a waiver of that provision. These Terms are the entire agreement between you and Bill Howe regarding the Site and supersede all prior or contemporaneous negotiations, discussions, or agreements about the Site. The provisions regarding proprietary rights, disclaimer of warranties, indemnification, limitations of liability, and the dispute resolution provisions shall survive any termination of these Terms.

20. Contact Us

If you have any questions about these Terms or otherwise need to contact us, you can reach us by:

Phone: (619) 286-6268
Email:
Mail: Bill Howe Family of Companies, 9210 Sky Park Ct, San Diego, CA 92123