Terms of Service

TERMS OF SERVICE

Effective Date: August 22, 2025

These Terms of Service (“Terms”) constitute a legal agreement between Lee Company, Inc., a Tennessee corporation located at 4057 Rural Plains Circle, Franklin, TN 37064, on behalf of itself and its subsidiaries and affiliates (“Lee Company,” “Company,” “we,” “us,” or “our”), and you, individually and on behalf of any entity or person on whose behalf you are acting (“you,” “your,” or “Customer”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE LOCATED AT LEECOMPANY.COM (“WEBSITE”), ANY MOBILE APPLICATIONS, EMAIL NOTIFICATIONS, SMS NOTIFICATIONS, SOCIAL MEDIA APPLICATIONS, OTHER ONLINE SERVICES, OR BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE WEBSITE OR ENGAGE OUR SERVICES.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH MAY BE ENFORCED BY THE PARTIES AND AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. ABOUT THE COMPANY

Lee Company, Inc. operates as a home services provider offering heating, ventilation, air conditioning, plumbing, electrical, and related services. Lee Company, Inc. is a corporation organized and existing under the laws of the State of Tennessee with its principal place of business at 4057 Rural Plains Circle, Franklin, TN 37064.

2. MODIFICATIONS TO TERMS

We reserve the right, in our sole and absolute discretion, to modify, amend, or replace these Terms at any time without prior notice. All modifications are effective immediately upon posting on the Website and apply to all subsequent access, use, and engagement with our services. Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Website and services.

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Registration Requirements

Access to certain functionalities of the Website may require registration for a user account (“Account”). You represent and warrant that all information provided during registration and at all times thereafter is accurate, complete, current, and not misleading. You covenant to update such information promptly upon any change. You shall maintain the confidentiality of your login credentials and shall not authorize any third party to access or use your Account. You acknowledge and agree that you are fully responsible for all activities occurring under your Account, whether authorized by you or not, and you agree to immediately notify us of any unauthorized use of your Account or other breach of security.

3.2 Prohibited Account Activities

You shall not and agree that you will not: (a) create an Account for any person other than yourself; (b) use false, inaccurate, or misleading information; (c) impersonate any person or entity; (d) solicit, collect, or use login credentials of other users; (e) sell, transfer, or assign your Account; or (f) engage in any activity that violates these Terms or applicable law.

3.3 Account Termination

We reserve the right, in our sole discretion, to suspend, terminate, or refuse to create any Account at any time for any reason or no reason, including but not limited to violation of these Terms, suspected fraudulent activity, or for legitimate business purposes. You may terminate your Account at any time by providing written notice to us.

4. ELECTRONIC COMMUNICATIONS AND CONSENT

4.1 Transactional Text Message Communications

Scope and Purpose. Subject to your express written consent, Company may send transactional text messages to the mobile telephone number you provide in connection with your Account or services. Transactional messages include but are not limited to appointment confirmations, appointment reminders, technician dispatch notifications, arrival time updates, service completion notifications, billing statements, payment confirmations, account status updates, and other communications directly related to your existing business relationship with Company.

Consent Requirements. Your consent to receive transactional text messages is voluntary and is not a condition of purchasing goods or services from Company. Consent must be obtained through one of the following methods: (a) affirmative selection of an unchecked opt-in checkbox on our Website with clear disclosure language; (b) express verbal consent provided to our representatives and documented in your Account record; or (c) written authorization on a service agreement or other document with your signature or initials. Upon providing consent, you will receive a confirmation message outlining the terms of the text messaging program.

Message Frequency and Charges. You may receive up to four (4) transactional text messages per scheduled service appointment, plus additional account-related communications as reasonably necessary for business purposes. Messages are sent using automated technology. Standard message and data rates charged by your wireless carrier may apply to all messages sent to you and all messages sent by you in reply. Message delivery is subject to your wireless carrier’s coverage area and network availability.

Opt-Out Procedures. You may terminate your consent to receive transactional text messages at any time by: (a) replying “STOP” to any transactional message; (b) texting “HELP” for customer support information; (c) sending an email to customerservice@leecompany.com; or (d) calling us at [PHONE NUMBER]. Upon termination of consent, you will receive a final confirmation message, after which no further transactional text messages will be sent unless you provide new consent.

4.2 Marketing and Promotional Text Message Communications

Scope and Purpose. Separate from transactional messages, you may elect to receive marketing and promotional text messages from Company including special offers, seasonal maintenance reminders, promotional campaigns, new service announcements, and other marketing communications.

Marketing Consent Requirements. Marketing text message consent is entirely separate from transactional consent and is wholly voluntary. Consent is not required as a condition of purchase or receipt of services from Company. Marketing consent must be obtained through express written consent that complies with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), including but not limited to website opt-in forms, electronically signed service agreements, or other documented authorization. You may consent to transactional messages without consenting to marketing messages.

Marketing Message Terms. Marketing messages are sent using automated technology to the mobile number you designate. You will receive no more than four (4) marketing messages per calendar month unless you specifically request additional communications. Standard message and data rates may apply. Message delivery depends on carrier network availability.

Marketing Opt-Out Procedures. You may withdraw consent for marketing messages at any time by: replying “STOP” to any marketing message. Withdrawal of marketing consent does not affect your transactional message preferences or service relationship with Company.

4.3 Voice Communications Consent

By providing your telephone number to Company, you expressly consent to receive voice communications from Company and our authorized representatives, including communications made using automated telephone dialing systems, artificial voice, pre-recorded messages, or other automated technology, for purposes related to your service appointments, Account information, customer service, and other business communications. You may withdraw this consent by providing written notice to Company, provided that such withdrawal shall not affect Company’s right to communicate with you regarding urgent service matters or in response to your specific inquiries.

4.4 Email Communications

Company may send email communications to the email address you provide, including transactional emails related to your Account and services, and with your separate consent, marketing emails containing promotional offers and Company updates. You may unsubscribe from marketing emails using the unsubscribe mechanism provided in each email, which shall not affect transactional email communications.

4.5 Privacy and Data Protection

Company will not sell, rent, lease, or otherwise transfer your mobile telephone number or other contact information to third parties or affiliates for their direct marketing or promotional purposes without your express consent, except that Company may share such information with service providers, contractors, and agents who assist Company in providing services to you. For complete information regarding our privacy practices, please review our Privacy Policy.

4.6 Carrier and Technical Disclaimers

Text message and voice services are provided on an “as is” basis. Service availability depends on your wireless carrier and may not be available in all geographic areas at all times. Company makes no representations or warranties regarding message delivery, timing, or availability. Wireless carriers are not liable for delayed or undelivered messages. You must use a text-messaging-enabled device and maintain wireless service to participate in text messaging programs.

5. SERVICE TERMS AND CONDITIONS

5.1 Service Estimates and Pricing

All estimates provided by Company are preliminary and non-binding, subject to change based upon actual conditions discovered during performance of services. Company reserves the right to modify pricing based on scope changes, unforeseen circumstances, or material cost fluctuations. Final pricing shall be confirmed prior to commencement of work, and you shall have the right to accept or decline any changes to the original estimate.

5.2 Performance of Services

Company shall perform services in a workmanlike manner consistent with industry standards. Service appointments are scheduled based on mutual agreement, and while Company will use commercially reasonable efforts to arrive within scheduled time windows, Company cannot guarantee precise arrival times due to the variable nature of service work. Company reserves the right to reschedule appointments due to weather, emergency situations, or other circumstances beyond Company’s reasonable control.

6. PAYMENT TERMS AND CONDITIONS

Payment for services is due upon completion unless alternative payment arrangements have been agreed to in writing. Company accepts payment methods as specified in service agreements or as otherwise communicated. All prices are subject to change without notice. You agree to pay all charges incurred in connection with your Account, including applicable taxes, fees, and surcharges. In the event of non-payment, Company reserves the right to charge interest on overdue amounts at the maximum rate permitted by applicable law and to engage collection agencies or pursue legal remedies.

7. BINDING ARBITRATION AND DISPUTE RESOLUTION

7.1 Agreement to Arbitrate

YOU AND COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY SERVICES PROVIDED BY COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS SET FORTH BELOW. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and applies to all disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether seeking monetary damages, injunctive relief, or other relief.

7.2 Arbitration Procedures

Arbitration shall be conducted by a single arbitrator through the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or through JAMS under its Comprehensive Arbitration Rules and Procedures, or through another arbitration service mutually acceptable to the parties. The arbitration shall take place in Davidson County, Tennessee, unless another location is mutually agreed upon. Each party shall bear their own costs and attorneys’ fees, and shall share equally the arbitrator’s fees and administrative costs, unless applicable law or the arbitration rules provide otherwise. If you demonstrate that the costs of arbitration will be prohibitive as compared to litigation costs, Company will pay as much of the arbitrator’s fees and administrative costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

7.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may pursue claims in small claims court if the claims qualify for such court’s jurisdiction. Additionally, either party may seek injunctive or other equitable relief in court for matters relating to intellectual property infringement, trade secrets, or other proprietary rights.

7.4 Class Action and Representative Action Waiver

YOU AND COMPANY AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN COMPANY AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the entire arbitration provision shall be deemed null and void, and the parties shall be deemed to have not agreed to arbitrate disputes.

7.5 Severability of Arbitration Provision

If any portion of this arbitration provision is deemed invalid or unenforceable, it shall be severed and the remainder of the arbitration provision shall remain in full force and effect.

8. DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, AND ALL CONTENT AND MATERIALS PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. LIMITATION OF LIABILITY

9.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

TO THE EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).

9.3 Essential Purpose

You acknowledge that the limitations of liability set forth herein are fundamental elements of the basis of the bargain between you and Company, and that Company would not provide the Website or services without such limitations.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising from or relating to: (a) your use of the Website or services; (b) your breach of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights; (d) your violation of any applicable law, rule, or regulation; (e) any content or information you provide through the Website; or (f) your negligent or wrongful conduct. You shall cooperate fully in the defense of any such claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall continue to cooperate and assist in such defense.

11. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality, including but not limited to all text, displays, images, video, audio, design, software, underlying source code, and the selection and arrangement thereof, are owned by Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial use, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted by standard web browser usage or as expressly permitted in writing by Company.

12. PRIVACY POLICY AND DATA COLLECTION

Company’s collection, use, and disclosure of personal information is governed by Company’s Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms. By using the Website or services, you consent to Company’s privacy practices as set forth in the Privacy Policy, as it may be amended from time to time.

13. GEOGRAPHIC RESTRICTIONS AND EXPORT CONTROLS

The Website is controlled and operated by Company from facilities in the United States and is intended for use by residents of the United States. Company makes no representations that the Website or its content is appropriate or available for use in other locations. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. The Website and its contents are subject to United States export control laws and regulations, and you agree not to export, re-export, or transfer any content in violation of such laws and regulations.

14. AGE RESTRICTIONS

The Website and services are intended for use by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater. If you are under eighteen (18) years of age, you may use the Website only with the involvement and consent of a parent or guardian. 

15. TERMINATION

15.1 Termination by Company

Company may, in its sole discretion, terminate or suspend your access to the Website or services, with or without notice, for any reason or no reason, including but not limited to breach of these Terms, violation of applicable law, or for legitimate business reasons.

15.2 Termination by You

You may terminate your use of the Website and services at any time by ceasing to use the Website and, if applicable, closing your Account in accordance with the procedures specified herein.

15.3 Effect of Termination

Upon termination, your right to use the Website immediately ceases, and Company may immediately deactivate or delete your Account and all related information and files. Termination shall not affect any rights, remedies, obligations, or liabilities that have accrued prior to termination. The following sections shall survive termination: Sections 7 (Binding Arbitration), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Intellectual Property), and 17 (General Provisions).

16. NOTICE PROCEDURES

Company may provide notice to you through any of the following methods: (a) a general notice posted on the Website; (b) electronic mail sent to your registered email address; (c) text message sent to your registered mobile number; (d) written communication sent by first-class mail or overnight courier to your registered address; or (e) any other method reasonably calculated to provide actual notice. All notices to Company must be sent in writing to: Lee Company, Inc., 4057 Rural Plains Circle, Franklin, TN 37064, Attention: Legal Department.

17. GENERAL PROVISIONS

17.1 Governing Law

Except with respect to the arbitration provisions set forth in Section 7, which are governed by the Federal Arbitration Act, these Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law provisions.

17.2 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the sole and entire agreement between you and Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

17.3 Severability

If any term or provision of these Terms is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify these Terms to effect the original intent of the parties as closely as possible.

17.4 Assignment

Company may freely assign or transfer these Terms and any rights hereunder, in whole or in part, without notice or your consent. You may not assign or transfer any rights or obligations under these Terms without Company’s prior written consent, and any attempted assignment in violation hereof shall be null and void.

17.5 Waiver

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.6 Force Majeure

Company shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, network infrastructure failures, or other cause that is beyond Company’s reasonable control.

17.7 Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.

Effective Date: August 22, 2025
Last Updated: August 22, 2025