- 844-434-9694
- service@kurtcfs.com
Terms & Conditions
Terms & Conditions
Terms and Conditions — General Terms of Service
Effective Date: April 12, 2026
1. Acceptance of Terms
By accessing KurtCFS.com or engaging services with Kurt Commercial Facility Services, LLC (“Company”), you agree to be legally bound by these Terms.
If you do not agree to these Terms, you should not access the website or engage Company’s services. These Terms apply to all visitors, users, and clients of the website, and to all services provided by Company, together with any additional terms set out in a specific proposal, estimate, work order, or Master Service Agreement, which are incorporated by reference where applicable.
2. Scope of Services
Services include energy solutions, renovations, preventative maintenance, and consulting for residential and commercial properties. All services require written approval via estimate, proposal, or contract.
The specific scope, pricing, and timeline for any engagement are governed by the applicable written estimate, proposal, work order, or contract, which controls over general descriptions of services provided on the website. No service is deemed authorized, and no obligation to perform arises, until such written approval is given.
3. No Guarantee of Outcomes
The Company does not guarantee:
- Energy savings
- Performance outcomes
- Timelines free from delays
All outcomes are influenced by external factors beyond Company control.
This includes, without limitation, weather, material and labor availability, third-party actions, regulatory or permitting timelines, existing site or building conditions, and client-caused delays. Any projections, estimates, or performance figures provided by Company are good-faith estimates based on available information and are not guarantees of actual results.
4. Client Responsibilities
Clients must:
- Provide accurate and complete information
- Maintain safe and accessible work environments
- Ensure compliance with applicable laws
- Provide timely approvals and decisions
Client’s failure to meet these responsibilities may result in delays, additional costs, or suspension of work, and Company is not responsible for consequences arising from Client’s failure to provide accurate information, safe site access, or timely decisions and approvals needed to proceed with the work.
5. Payment & Financial Terms
- Deposits may be required
- Payments must be made per contract terms
- Late payments may result in fees, liens, or service suspension
Invoices are due according to the terms stated in the applicable proposal, estimate, or contract. Company may apply interest to past-due balances at the maximum rate permitted by Missouri law, may suspend services on any account with a past-due balance until payment is brought current, and may pursue mechanic’s lien rights or other remedies available under applicable law.
6. Limitation of Liability
To the fullest extent permitted by law, Company liability is limited to the amount paid for services. The Company shall not be liable for:
- Indirect or consequential damages
- Lost profits or business interruption
This limitation applies regardless of the theory of liability asserted, including contract, tort, negligence, or strict liability, and applies to the maximum extent permitted by applicable law, even where Company has been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, costs, or expenses arising from:
- Your misuse of services
- Inaccurate information provided
- Failure to comply with laws or safety requirements
This indemnification includes reasonable attorneys’ fees and costs of defense incurred by Company arising from or related to the above, except to the extent such claims arise from Company’s own negligence or willful misconduct. This obligation survives termination of your use of the website or services.
8. Arbitration Agreement
Any dispute shall first be resolved through binding arbitration, administered by an arbitration provider selected solely by the Company. Arbitration shall occur in Missouri.
You waive the right to:
- Jury trial
- Class action participation
Arbitration shall be conducted on an individual basis only, and this waiver applies to any claim brought in a representative or collective capacity as well as a class action. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
9. Termination
We reserve the right to terminate services or access for violations of these Terms.
Termination may occur with or without notice at Company’s discretion where a violation of these Terms has occurred. Provisions that by their nature should survive termination — including indemnification, limitation of liability, payment obligations, and arbitration — remain in effect after termination.
10. Governing Law
Missouri law governs these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict-of-laws principles, except to the extent superseded by the Federal Arbitration Act as to the arbitration provisions above.
11. Modifications
Terms may be updated at any time.
Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised Terms.
12. Contact
service@kurtcfs.com
844-434-9694
13. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Simplicity
Simplicity Program — Terms & Conditions
Effective Date: July 25, 2026
These Terms & Conditions govern use of the Simplicity referral and matching program (“Simplicity,” “the Program”), operated by Kurt Commercial Facility Services, LLC (“KurtCFS,” “we,” “us”). By submitting a request or accepting a work order through Simplicity, the Customer and the Contractor each agree to these Terms.
1. Nature of the Program
KurtCFS operates Simplicity solely as a referral and matching service connecting Customers seeking small repair or short-duration project work with independent, third-party Contractors. KurtCFS is not a general contractor, subcontractor, or party to any construction contract formed between Customer and Contractor, and does not perform, supervise, inspect, or warranty any work performed. KurtCFS does not set, control, or guarantee the price, scope, schedule, or quality of any work performed by a Contractor. Nothing in this Program creates an employment, agency, partnership, or joint venture relationship between KurtCFS and any Contractor or Customer.
2. Program Scope & Finality
KurtCFS’s role in each transaction is limited to: (a) collecting the Customer matching fee, (b) matching the request to a Contractor, and (c) collecting the Contractor referral fee upon acceptance. Once these steps are complete, KurtCFS’s involvement in that specific transaction ends. KurtCFS has no ongoing obligation to monitor, mediate, supervise, or resolve any matter arising from the underlying work between Customer and Contractor, including scheduling conflicts, scope disagreements, workmanship issues, payment disputes, or cancellations. All fees paid to KurtCFS — the Customer matching fee and the Contractor referral fee — are earned in full and non-refundable once the corresponding step above is complete, regardless of what occurs afterward between Customer and Contractor, except as expressly provided in Section 3 regarding refunds for unmatched requests. There is no supplemental fee owed to KurtCFS by Contractor after acceptance, regardless of how the actual scope, price, or outcome of the job compares to what was described at intake. KurtCFS’s only continuing role is the escalation process in Section 5 (if invoked by Customer) and the ratings and removal process in Section 6.
3. Customer Terms
A non-refundable matching fee of $25 is charged at the time a Customer submits a project request, regardless of whether the Customer ultimately hires the matched Contractor. Matching times are not guaranteed and vary based on Contractor availability by trade and area — a match may occur the same day or take longer. The 48-hour Exclusivity Window described in Section 5 begins when a Contractor is matched to the request, not when Customer submits the request. Customer agrees to provide an accurate description of the requested work, and photos where reasonably available, to enable KurtCFS to evaluate and route the request. KurtCFS, not Customer, determines the estimated job value used to price the Contractor referral fee, and Customer has no role in setting that fee. The matching fee entitles the Customer to be matched with up to three (3) Contractors in sequence under the escalation process described in Section 5, for a single project request. Customer is solely responsible for vetting, contracting with, paying, and resolving any disputes directly with the Contractor for the performed work. Before including a Contractor in the Program, KurtCFS conducts a basic review — such as confirming an online business presence, a referral from another Contractor already in the network, or visible customer feedback. KurtCFS does not independently verify licensing, insurance, background, or qualifications, and does not guarantee the accuracy of any Contractor’s self-reported credentials. Customer is solely responsible for independently verifying a Contractor’s licensing, insurance, and qualifications before engaging them. If KurtCFS has not matched Customer’s request to any Contractor within thirty (30) days of submission, Customer may request a refund of the $25 matching fee by contacting KurtCFS within fifteen (15) days after the end of that 30-day period. Refund requests submitted after this window has closed will not be honored. This refund applies only where no Contractor was ever matched to the request during the 30-day period. It does not apply where a Contractor was matched but did not make contact, where Customer did not respond to or was unavailable for a Contractor’s attempt to make contact, or where Customer has already engaged a Contractor matched through Simplicity for the same request. To receive a refund, Customer must submit the request to KurtCFS using the contact information provided at intake, and must not have withdrawn or cancelled the original request. Refunds approved under this section will be issued to the original payment method.
4. Contractor Terms
Contractors participating in Simplicity represent that they are independent, licensed (where required), and insured businesses, and are not employees, agents, or subcontractors of KurtCFS. Prior to payment, Contractor is shown a blind preview of each work order (trade, ZIP code, general scope, and the referral fee for that job). Customer contact information is withheld until Contractor accepts and pays the referral fee. KurtCFS sets the referral fee for each work order individually, in its sole discretion, based on the scope description and any photos provided by the Customer at intake. Contractor may accept the fee as shown, decline the work order, or propose an alternative fee prior to acceptance; KurtCFS may accept, counter, or decline any proposed alternative. Once Contractor accepts a work order and its associated fee, the fee is due, payable, and non-refundable per Section 2. No further amount is owed to KurtCFS for that work order under any circumstance, including if the actual scope or final price differs from what was described at intake. Contractor is solely responsible for all aspects of any work performed, including permits, code compliance, workmanship, warranty, and safety. Contractor agrees not to circumvent the Program by soliciting a matched Customer for future work outside Simplicity in a manner intended to avoid future referral fees on the same referred relationship within 90 days of the initial match.
5. Exclusivity & Escalation
Upon acceptance, a Contractor receives exclusive rights to a matched work order for forty-eight (48) hours (“Exclusivity Window”). If the Contractor contacts the Customer and schedules an appointment within the Exclusivity Window, exclusivity automatically extends to five (5) total days from the original match. The 48-hour clock is measured from the time of match, not from any later customer contact with KurtCFS. If the Customer contacts KurtCFS after the full 48-hour Exclusivity Window has elapsed and confirms no contact was made by the Contractor, and no appointment has been logged, KurtCFS will release the work order and match the Customer with the next available Contractor. This escalation may occur up to two (2) additional times per project request (three (3) Contractors total) under the original $25 Customer matching fee, at no additional cost to Customer. The referral fee charged to a re-matched Contractor is discounted from the fee originally set for that work order: 70% of the original fee for the second Contractor, and 50% of the original fee for the third Contractor. KurtCFS’s determination of whether the Exclusivity Window has lapsed, based on information reasonably available to it, is final for purposes of the Program.
6. Ratings & Removal
Following a matched job, KurtCFS may invite Customer to submit a rating and review of the Contractor. Reviews reflect the opinion of the submitting Customer and are not verified, endorsed, or adopted by KurtCFS as fact. KurtCFS may publish, decline to publish, or remove any review at its sole discretion, including in response to a Contractor’s request to review a specific submission. KurtCFS may suspend or permanently remove a Contractor from Simplicity, in its sole discretion, based on a pattern of negative reviews or unresolved Customer complaints. KurtCFS is under no obligation to investigate, adjudicate, or mediate the underlying dispute before doing so. Reviews are submitted by third-party Customers, not by KurtCFS, and reflect the submitting Customer’s own opinion and experience. KurtCFS does not investigate, verify, or adopt the content of any review as its own statement. Contractor releases and forever discharges KurtCFS, its owners, members, and employees from any claim — including defamation, business disparagement, tortious interference, or lost business — arising from the content of any Customer review, or from KurtCFS’s decision to publish, decline to publish, or remove any review, or to suspend or remove Contractor from the Program. Contractor’s sole remedy regarding a review believed to be false, abusive, or unfair is to flag it for KurtCFS’s discretionary review under this Section. Participation in Simplicity constitutes Contractor’s agreement not to pursue legal action against KurtCFS arising from Customer-submitted review content or from Program removal decisions made under this Section. Removal from Simplicity does not affect the validity or non-refundability of any fees already paid under Section 2.
7. Payments
All amounts paid to KurtCFS (the $25 Customer matching fee and Contractor referral fees) are for the matching service only and are separate from, and not a part of, any payment for construction or repair work, which is paid directly by Customer to Contractor. KurtCFS does not process, hold, or guarantee payment for the underlying work performed.
8. Disclaimers & Limitation of Liability
SIMPLICITY IS PROVIDED ON AN “AS-IS” BASIS. KURTCFS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING ANY CONTRACTOR’S WORK, LICENSING, INSURANCE, OR CONDUCT, OR REGARDING ANY CUSTOMER’S CONDUCT. KurtCFS is not liable for any damages, losses, disputes, or claims arising from work performed, or not performed, by a Contractor, or from any Customer’s conduct, including but not limited to property damage, personal injury, non-payment, or breach of contract between Customer and Contractor. Customer and Contractor each agree to resolve disputes regarding the underlying work directly between themselves, and acknowledge that KurtCFS is not a necessary or proper party to any such dispute.
To the fullest extent permitted by law, KurtCFS’s total aggregate liability arising out of or relating to the Program, its own acts or omissions, or these Terms — regardless of the theory of liability — shall not exceed the total fees actually paid to KurtCFS by the claiming party under Section 2 in connection with the specific transaction giving rise to the claim. In no event shall KurtCFS be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption, even if advised of the possibility of such damages.
9. Indemnification
Customer and Contractor each agree to indemnify, defend, and hold harmless KurtCFS, its owners, members, and employees from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) the underlying work requested, performed, or not performed; (b) their use of the Program or breach of these Terms; or (c) any review, rating, or communication they submit through or in connection with the Program. This indemnification obligation survives completion, cancellation, or removal from the Program.
10. Program Changes
KurtCFS may modify these Terms, the fee schedule, or the Program structure at any time, with changes effective upon posting or direct notice to active Contractors and Customers.
11. Arbitration Agreement
Any dispute arising under these Terms, or relating to Customer’s or Contractor’s participation in the Program, shall first be resolved through binding arbitration, administered by an arbitration provider selected solely by KurtCFS. Arbitration shall occur in Missouri. Customer and Contractor each waive the right to a jury trial and the right to bring or participate in a class, collective, or representative action. This arbitration requirement does not apply to disputes regarding the underlying construction or repair work between Customer and Contractor, which remain governed by Section 8 and any separate agreement between them.
12. Governing Law
These Terms are governed by the laws of the State of Missouri. [Modified] Any dispute not subject to arbitration under Section 11 — including an application for emergency injunctive relief to prevent irreparable harm pending arbitration — shall be venued in the courts of St. Louis County or the City of St. Louis, Missouri.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Privacy Policy
Terms and Conditions — Privacy & Data Practices
Effective Date: July 25, 2026
1. Data Collection
We collect personal, technical, and usage data through forms, communications, and automated technologies.
This includes information you provide directly (such as your name, contact details, and account information), technical data collected automatically (such as IP address, device and browser type, and connected-device identifiers), and usage data generated through your interaction with our website, platform, and connected IoT/AIoT systems, including cookies, log files, and similar tracking technologies. Where AIoT sensors are deployed on your behalf, we may also collect building performance and environmental data as described in your service agreement.
2. Expanded Use of Data
We may use data for:
- Service delivery
- Risk management
- Fraud prevention
- Legal enforcement
In addition, data may be used to maintain and improve the security, reliability, and performance of our services; to comply with applicable regulatory, tax, and reporting obligations; to communicate with you about your account or service; and to develop and improve new features. We will not use your data for purposes materially different from those stated here without providing notice as described in Section 10 below.
3. Data Sharing
Data may be shared with:
- Contractors and vendors
- Legal authorities
- Business successors in the event of sale or restructuring
Contractors and vendors who receive data on our behalf are bound by confidentiality and data-protection obligations and may only use it to perform services for us. Disclosures to legal authorities are made only where required by valid legal process, court order, or applicable law, or where necessary to protect the rights, property, or safety of the Company, our clients, or others. In a sale, merger, acquisition, or restructuring, data may be transferred as a business asset, subject to continued protection under terms materially consistent with this policy. We do not sell your personal data to third parties for their independent marketing purposes.
4. Data Security Disclaimer
While we implement safeguards, we cannot guarantee absolute security. Use of the site is at your own risk.
We maintain administrative, technical, and physical safeguards designed to protect data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide information and use our website and connected services at your own risk, and you are responsible for maintaining the confidentiality of any credentials used to access our platform.
5. Indemnification
You agree to indemnify and hold harmless the Company from claims arising out of:
- Your submission of false or unlawful data
- Unauthorized use of the website
- Violations of privacy laws caused by your actions
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to the above. This obligation survives termination of your use of the website or services.
6. Arbitration Clause
All privacy-related disputes shall be resolved via binding arbitration selected by the Company in Missouri.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. The arbitration proceeding and any related findings shall be kept confidential to the extent permitted by law, and either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
7. Limitation of Liability
We are not liable for:
- Data breaches beyond reasonable control
- Third-party misuse of data
To the fullest extent permitted by law, the Company’s total liability arising out of or relating to this policy or your use of the website and services shall not exceed the amount you paid to the Company in the twelve (12) months preceding the claim, and in no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
8. Retention & Deletion
We retain data as necessary for operational and legal purposes.
Retention periods are determined based on the nature of the data, the purpose for which it was collected, applicable statutes of limitations, and any regulatory or contractual record-keeping requirements. When data is no longer needed for these purposes, we take reasonable steps to securely delete, destroy, or anonymize it in accordance with our internal data-handling procedures.
9. Contact
10. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
11. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect
Cookie Policy
Terms and Conditions — Cookies & Tracking Technologies
Effective Date: July 25, 2026
1. Technology Use
We use cookies, pixels, and tracking technologies.
These technologies may include session and persistent cookies, web beacons, pixel tags, and similar tools that collect information about your device, browser, and interactions with our website and platform. This helps us recognize returning visitors, understand how our site is used, and support the features described below.
2. Expanded Purpose
Cookies support:
- Site functionality
- Analytics
- Marketing optimization
- Fraud detection
In addition, these technologies help us maintain session security, remember your preferences between visits, measure the effectiveness of our communications, and detect and prevent unauthorized or fraudulent activity on our website. We will not expand these purposes in a materially different direction without providing notice as described in Section 9 below.
3. Third-Party Tools
Third parties may collect data via cookies.
These third parties may include analytics providers, advertising networks, and platform partners that we work with to operate and improve our website. Each third party’s collection and use of data through these tools is governed by its own privacy policy and terms, which we encourage you to review; we do not control, and are not responsible for, how those third parties independently process data they collect.
4. User Responsibility
You are responsible for managing cookie settings.
Most browsers allow you to block, delete, or limit cookies through their settings, and certain tools may allow you to opt out of specific advertising or analytics cookies directly. Please note that disabling cookies may affect the functionality of our website or your user experience, and some features may not work as intended if cookies are disabled.
5. Indemnification
You agree to indemnify the Company from claims related to:
- Your misuse of tracking technologies
- Violations of third-party platform terms
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to the above. This obligation survives termination of your use of the website or services.
6. Arbitration
All disputes regarding cookies or tracking technologies shall be resolved through Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
7. Limitation of Liability
We are not liable for third-party tracking or data collection practices.
To the fullest extent permitted by law, the Company’s total liability arising out of or relating to this policy shall not exceed the amount you paid to the Company in the twelve (12) months preceding the claim, and in no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages arising from third-party tracking or data-collection practices, even if advised of the possibility of such damages.
8. Contact
9. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
10. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Legal Disclaimer
Terms and Conditions — Informational Content Disclaimer
Effective Date: July 25, 2026
1. Informational Use Only
Content is not guaranteed to be accurate or complete.
All content provided on this website, including descriptions of services, processes, timelines, and general guidance, is intended for informational purposes only. It does not constitute a specific recommendation, estimate, or professional opinion applicable to any particular building, project, or set of circumstances, and it may not reflect the most current information at all times. Any specific scope of work, pricing, or professional recommendation is provided only through a direct engagement or signed agreement with the Company.
2. No Professional Liability
No engineer-client or contractor-client relationship is formed solely by website use.
Browsing this website, submitting a general inquiry, or reviewing informational content does not create any professional, contractual, fiduciary, or advisory relationship between you and the Company. A formal client relationship, and any associated professional duties, arises only upon execution of a written agreement or engagement for specific services.
3. Indemnification
You agree to indemnify the Company from claims resulting from:
- Reliance on website content
- Improper implementation of recommendations
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to the above. This obligation survives termination of your use of the website or services.
4. Arbitration Requirement
All disputes must go through binding arbitration selected by the Company.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
5. Limitation of Liability
We are not liable for damages arising from reliance on site content.
To the fullest extent permitted by law, the Company’s total liability arising out of or relating to this policy or the informational content on this website shall not exceed the amount you paid to the Company in the twelve (12) months preceding the claim, and in no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
6. Risk Acknowledgment
Users assume full responsibility for use of information.
By using this website and its content, you acknowledge that any decisions made or actions taken based on that content are made at your own discretion and risk, and that professional recommendations specific to your building or project should be obtained through direct engagement with the Company or a qualified professional before implementation.
7. Contact
8. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
9. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Return & Refund Policy
Terms and Conditions — Refund & Payment Policy
Effective Date: July 25, 2026
1. Service-Based Nature
All services are customized and non-returnable.
Because our services are tailored to your specific building, project scope, and requirements, they are not resalable or transferable to another party and cannot be “returned” in the way a physical product could be. Any changes to scope after work has begun will be addressed through a written change order rather than a cancellation of the original agreement.
2. Deposits & Payments
Deposits may be non-refundable once scheduling or procurement begins.
Deposits are used to secure scheduling, labor, and materials, and to begin procurement of equipment or subcontractor commitments on your behalf. Once these steps have commenced, the associated costs are considered incurred, and the corresponding portion of your deposit becomes non-refundable. Any refundable portion, if applicable, will be calculated based on costs actually incurred as of the date of cancellation.
3. Indemnification
You agree to indemnify the Company from disputes arising from:
- Project cancellations
- Scope misunderstandings
- Payment disputes
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to the above. This obligation survives termination of your use of the website or services.
4. Arbitration Requirement
All refund disputes shall be resolved via Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
5. Limitation of Liability
Refunds are limited to amounts paid and do not include consequential damages.
To the fullest extent permitted by law, any refund obligation is limited strictly to amounts actually paid to the Company for the unperformed portion of services, and in no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, project delays, or costs of alternative arrangements, even if advised of the possibility of such damages.
6. Chargeback Protection
Unauthorized chargebacks will be pursued legally.
Initiating a credit card or payment chargeback for services that were rendered, or for amounts properly owed under an agreement with the Company, without first attempting resolution directly with the Company constitutes a breach of these terms. The Company reserves the right to dispute such chargebacks and to pursue all available legal remedies, including recovery of the disputed amount, applicable fees, and reasonable attorneys’ fees.
7. Contact
8. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
9. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Copyright Notice
Terms and Conditions — Intellectual Property
Effective Date: July 25, 2026
1. Ownership
All content is owned by Kurt Commercial Facility Services, LLC.
This includes, without limitation, all text, graphics, logos, images, videos, layouts, and other materials appearing on this website or in KurtCFS marketing, proposal, and service materials, all of which are protected under applicable copyright, trademark, and other intellectual property laws. No license or right to use this content is granted to you except as expressly permitted in writing by the Company.
2. Indemnification
You agree to indemnify the Company from claims resulting from:
- Unauthorized use of content
- Intellectual property violations
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to the above. This obligation survives termination of your use of the website or services.
3. Arbitration
All disputes regarding intellectual property shall be resolved through Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration, including to prevent ongoing unauthorized use of the Company’s intellectual property.
4. Enforcement
We reserve the right to pursue legal action.
The Company reserves all rights and remedies available under law or equity in response to unauthorized use, reproduction, distribution, or modification of its content or other intellectual property, including seeking injunctive relief, monetary damages, and recovery of costs and reasonable attorneys’ fees incurred in enforcement.
5. Contact
6. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
7. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Website Terms of Service
Terms and Conditions — Website License & Access
Effective Date: July 25, 2026
1. License Grant
We grant a limited license to use the website.
This license is personal, non-exclusive, non-transferable, and revocable, permitting you to access and use the website solely for its intended informational and business purposes. No other rights are granted to you by implication, estoppel, or otherwise, and all rights not expressly granted are reserved by the Company.
2. Restrictions
You may not misuse, copy, or exploit content.
This includes, without limitation, reproducing, distributing, modifying, reverse-engineering, scraping, or creating derivative works from any part of the website or its content, and using the website in any manner that could disable, overburden, damage, or impair its functionality or interfere with any other party’s use of it.
3. Indemnification
You agree to indemnify the Company from claims arising from misuse of the website.
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to such misuse. This obligation survives termination of your access to the website.
4. Arbitration
All disputes shall be resolved via Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
5. Limitation of Liability
We are not liable for damages from site usage.
To the fullest extent permitted by law, the Company’s total liability arising out of or relating to your use of the website shall not exceed the amount you paid to the Company in the twelve (12) months preceding the claim, and in no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
6. Termination
Access may be revoked at any time.
The Company reserves the right to suspend or terminate your access to the website, without notice, for any violation of these terms or for any other reason at the Company’s discretion. Provisions that by their nature should survive termination — including indemnification, limitation of liability, and arbitration — will remain in effect after access ends.
7. Contact
8. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
9. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Affiliate Disclosure
Terms and Conditions — Referrals & Affiliate Disclosures
Effective Date: July 25, 2026
1. Compensation
We may receive compensation for referrals.
The Company may receive fees, commissions, or other compensation from contractors, vendors, or service providers to whom you are referred or matched. This compensation does not increase the cost of services to you and does not influence our commitment to connecting you with providers suited to your project, but you should understand that a financial relationship may exist between the Company and the referred party.
2. Indemnification
You agree to indemnify the Company from claims related to:
- Third-party products or services
- Misuse of recommendations
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by the Company arising from or related to the above. This obligation survives termination of your use of the website or services.
3. Arbitration
All disputes shall be resolved via Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; you and the Company agree to waive any right to bring or participate in a class, collective, or representative action. Both parties waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
4. No Guarantees
We do not guarantee outcomes from third-party products.
The Company facilitates connections between you and independent third-party contractors, vendors, and service providers, but does not control, supervise, or guarantee their workmanship, pricing, timelines, licensing, insurance, or results. Any agreement for services entered into with a referred third party is solely between you and that party, and the Company is not a party to, and assumes no liability under, that agreement.
5. Contact
6. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices, technology, legal requirements, or other operational needs. Material changes will be reflected by updating the Effective Date above, and, where required by law, we will provide additional notice. Your continued use of the website or services after an update constitutes acceptance of the revised terms.
7. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Master Service Agreement
Master Service Agreement
Effective Date: April 12, 2026
This Master Service Agreement (“Agreement”) is entered into between Kurt Commercial Facility Services, LLC (“Company”) and the Client.
1. Scope of Services
Company provides energy solutions, renovations, preventative maintenance, and consulting services. Specific work will be defined in written proposals, estimates, or work orders.
Any proposal, estimate, or work order issued under this Agreement is incorporated by reference and governed by these terms unless it expressly states otherwise in writing. Where a conflict exists between this Agreement and a specific work order, the work order controls only as to the specific scope, pricing, and schedule it describes.
2. Independent Contractor
Company is an independent contractor and not an employee, agent, or partner of Client.
Nothing in this Agreement shall be construed to create a joint venture, partnership, or employment relationship between the parties. Company retains sole control over the means and methods of performing the services, subject to the specifications set out in the applicable proposal, estimate, or work order.
3. Estimates & Change Orders
- All pricing is based on initial project scope
- Changes require written approval
- Additional work will be billed accordingly
No change to scope, pricing, or timeline is binding unless documented in a written change order signed or otherwise affirmatively approved (including by email) by both parties. Verbal instructions to proceed with additional work do not constitute an approved change order and do not obligate Company to perform such work without one.
4. Site Conditions & Unknowns
Client acknowledges:
- Hidden conditions (mold, structural issues, code violations, etc.) may exist
- Discovery of such conditions may result in additional costs and timeline changes
Client represents that it has disclosed all known site conditions, prior repairs, and existing defects of which it is aware. Upon discovery of a hidden or unknown condition, Company will notify Client as soon as reasonably practicable and may pause affected work pending Client’s written approval of any resulting change order before proceeding.
5. Permits & Compliance
Unless otherwise agreed:
- Client is responsible for permits
- Company may assist but does not guarantee approval
Where Company agrees to assist with permit applications, that assistance is limited to preparation and submission support; Client remains the applicant of record unless otherwise specified in writing, and approval timelines are determined by the relevant permitting authority and outside Company’s control.
6. Scheduling & Delays
We are not responsible for delays caused by:
- Weather
- Material shortages
- Third parties
- Client delays
Where a delay outside Company’s reasonable control occurs, the project schedule will be adjusted to reflect the length of the delay, and Company will provide reasonably prompt notice to Client of any known material delay along with an updated timeline where practicable.
7. Payment Terms
- Deposits required as stated
- Progress payments may apply
- Late payments may result in liens, interest, or stoppage of work
Invoices are due upon the terms stated in the applicable proposal or work order. Company may apply interest to past-due balances at the maximum rate permitted by Missouri law, may suspend work on any project with a past-due balance until payment is brought current, and may pursue mechanic’s lien rights or other remedies available under applicable law.
8. Warranty Disclaimer
Unless explicitly stated:
- No warranties beyond manufacturer warranties
- Preventative maintenance reduces risk but does not eliminate failure
Except as expressly set forth in a specific written warranty provided by Company, all services are provided on an “as-is” basis, and Company disclaims all implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, to the fullest extent permitted by law. Client acknowledges that preventative maintenance is designed to reduce, but cannot eliminate, the risk of equipment or system failure.
9. Limitation of Liability
Liability is limited to the amount paid. Company is not liable for:
- Consequential damages
- Business interruption
- Lost revenue
To the fullest extent permitted by law, Company’s total aggregate liability arising out of or relating to this Agreement, regardless of the theory of liability, shall not exceed the total amount paid by Client to Company under the applicable work order in the twelve (12) months preceding the claim.
10. Insurance
Company maintains commercially reasonable insurance. Proof available upon request.
Company will provide a certificate of insurance evidencing its coverage upon Client’s reasonable written request, and will notify Client if a material lapse in coverage relevant to the services occurs during the term of an active work order.
11. Indemnification
Client agrees to indemnify, defend, and hold harmless Company from claims arising out of:
- Site conditions
- Client negligence
- Failure to disclose hazards
- Third-party actions
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by Company arising from or related to the above, except to the extent such claims arise from Company’s own negligence or willful misconduct. This obligation survives completion or termination of the services.
12. Safety
Client must provide a safe working environment. Unsafe conditions may result in work stoppage.
Client is responsible for disclosing known hazards and providing reasonable site access necessary for Company and its subcontractors to perform work safely. Company may halt work without penalty upon identifying a condition it reasonably believes presents an unsafe working environment, until the condition is remedied.
13. Arbitration (MANDATORY)
All disputes shall be resolved through binding arbitration selected solely by the Company, held in Missouri.
Client waives:
- Jury trial
- Class actions
Arbitration shall be conducted on an individual basis only, and either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration, including to protect Company’s property, equipment, or ongoing work in progress.
14. Termination
Either party may terminate in writing. Client remains responsible for work completed and costs incurred.
Upon termination, Client shall pay for all work performed, materials procured, and non-cancellable commitments made through the effective date of termination. Provisions that by their nature should survive termination — including indemnification, limitation of liability, payment obligations, and arbitration — remain in effect after termination.
15. Entire Agreement
This Agreement supersedes all prior discussions.
This Agreement, together with any incorporated proposals, estimates, and work orders, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous discussions, negotiations, and agreements, whether written or oral. No modification of this Agreement is effective unless made in writing and signed or affirmatively approved by both parties.
16. Contact
service@kurtcfs.com
844-434-9694
17. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict-of-laws principles, except to the extent superseded by the Federal Arbitration Act as to the arbitration provisions above.
18. Assignment
Client may not assign this Agreement or any rights or obligations under it without Company’s prior written consent. Company may assign this Agreement in connection with a merger, acquisition, or sale of its business or assets.
19. Notices
Any notice required under this Agreement shall be sent in writing to the contact information provided by each party and shall be deemed effective upon delivery by email (with confirmation of receipt), or upon receipt if sent by certified mail.
20. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Proposal/Estimate Terms
Proposal / Estimate Terms and Conditions
Effective Date: April 12, 2026
1. Acceptance
Approval of this estimate constitutes agreement to all terms herein and the Company’s Master Service Agreement.
Approval may be given in writing, by signature, or by any affirmative act indicating acceptance, including a written communication (such as email) confirming approval to proceed, or by authorizing Company to begin work, procurement, or scheduling. This proposal is incorporated by reference into, and governed by, the Company’s Master Service Agreement, which controls to the extent not otherwise specified here.
2. Pricing Validity
Pricing is valid for [30] days (or otherwise noted) and subject to change due to:
- Material cost increases
- Labor fluctuations
If this proposal is not accepted within the stated validity period, Company reserves the right to revise pricing to reflect current material and labor costs before work begins. Once accepted, pricing is held firm against ordinary cost fluctuations, subject to the exclusions and change order process described elsewhere in this proposal and the Master Service Agreement.
3. Scope Limitations
This proposal includes only listed work. It excludes:
- Hidden damages
- Code upgrades unless specified
- Hazardous material remediation
Any work, materials, or conditions not expressly listed in this proposal are outside its scope. Should excluded conditions be discovered or required during the course of work, they will be addressed through a written change order in accordance with Section 3 of the Master Service Agreement before Company proceeds with that additional work.
4. Access to Site
Client must provide:
- Clear access
- Utilities
- Safe working conditions
Client is responsible for ensuring Company and its subcontractors have unobstructed access to the work area during scheduled hours, functioning utilities reasonably necessary to perform the work (such as electricity and water), and a site free of known safety hazards. Delays caused by Client’s failure to provide the above may result in rescheduling and additional costs.
5. Payment Terms
- Deposit required to schedule
- Progress payments may apply
- Final payment due upon completion
Scheduling is confirmed only upon receipt of the required deposit. Progress payments, where applicable, are due according to the schedule stated in this proposal or the associated work order, and final payment is due upon substantial completion of the work described herein, regardless of any separate punch-list items still pending resolution.
6. Delays
We are not responsible for delays beyond our control.
This includes, without limitation, delays caused by weather, material or supply shortages, third-party actions, permitting timelines, or Client-caused delays. Where such a delay occurs, the project schedule will be adjusted accordingly, and Company will provide reasonably prompt notice of any known material delay.
7. Indemnification
Client agrees to indemnify Company from claims related to:
- Property conditions
- Third-party interference
- Inaccurate project information
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by Company arising from or related to the above, except to the extent such claims arise from Company’s own negligence or willful misconduct. This obligation survives completion of the work described in this proposal.
8. Arbitration
All disputes shall be resolved via Company-selected arbitration in Missouri.
Arbitration shall be conducted on an individual basis only; Client waives any right to bring or participate in a class, collective, or representative action, and waives the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
9. Cancellation
Cancellation may result in fees for work completed and materials ordered.
Upon cancellation, Client is responsible for the cost of all labor performed, materials ordered or procured (including non-returnable or special-order items), and any non-cancellable subcontractor or vendor commitments made in reliance on this proposal as of the date of cancellation.
10. Contact
11. Relationship to Master Service Agreement
This proposal is governed in all respects by, and should be read together with, the Company’s Master Service Agreement then in effect. In the event of a conflict between this proposal and the Master Service Agreement, the Master Service Agreement controls except as to the specific scope, pricing, and schedule terms expressly set out in this proposal.
12. Severability
If any provision of this proposal is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
ADA/Accessibility Statement
Accessibility Commitment for Kurt Commercial Facility Services, LLC
Last updated: April 15, 2026
Kurt Commercial Facility Services, LLC is committed to improving accessibility in both digital and physical environments.
At Kurt Commercial Facility Services, LLC, we are committed to making our digital presence as accessible and inclusive as reasonably possible for all users, including individuals with disabilities. Our goal is to improve the usability of https://Kurtcfs.com and to support a more accessible experience for everyone, regardless of their abilities or the technologies they use.
Our Approach to Accessibility
We aim to align with the Web Content Accessibility Guidelines (WCAG), which define internationally recognized standards for digital accessibility. While full compliance cannot always be guaranteed, we strive to implement improvements where feasible and regularly review accessibility-related aspects of our website. Accessibility is an ongoing process, and we are committed to improving the experience over time as technologies, standards, and user needs evolve. This includes periodically reviewing new features, content, and third-party tools added to the site to help ensure they remain consistent with our accessibility goals.
Accessibility Features
To support accessibility, https://Kurtcfs.com may utilize tools such as the OneTap accessibility toolbar. This interface provides users with a range of helpful features, including:
- Adjustable text size and contrast settings
- Highlighting of links and text for better visibility
- Full keyboard navigation of the toolbar interface
- Quick launch via keyboard shortcut: Alt + . (Windows) or ⌘ + . (Mac)
Please note the following:
- The availability and effectiveness of these features depend on the website’s configuration and ongoing maintenance.
- While we strive to ensure accessibility, we cannot guarantee that every part of https://Kurtcfs.com will be fully accessible at all times. Some content may be provided by third parties or affected by technical constraints beyond our immediate control.
Feedback and Contact
We welcome your feedback. If you experience any accessibility barriers or have suggestions for improvement, please contact us: Email: service@kurtcfs.com. We are committed to reviewing all inquiries and aim to respond within 3–5 business days. If you require assistance accessing any part of this website, we are happy to provide support through alternative channels upon request.
1. Website Accessibility
We strive to align with Web Content Accessibility Guidelines (WCAG), but do not guarantee full compliance at all times.
Our efforts are made on a good-faith, best-reasonable-effort basis, and are subject to the limitations of the website’s underlying platform, third-party plugins, and available technical resources at any given time. Alignment with WCAG reflects an ongoing target rather than a certified or audited standard unless expressly stated otherwise in writing.
2. Building Accessibility Services
Our services may include accessibility improvements; however:
Any accessibility-related improvements to a physical building are limited to the specific scope described in the applicable proposal, estimate, or work order, and are performed based on the information, codes, and conditions known or identified at the time of the work. Such services do not constitute a comprehensive accessibility audit of the building unless expressly scoped as such.
3. No Compliance Guarantee
We do not guarantee:
- ADA compliance certification
- Legal compliance outcomes
Final compliance depends on:
- Local codes
- Building conditions
- Regulatory interpretation
Accessibility requirements, code interpretations, and enforcement standards can vary by jurisdiction and change over time, and Company’s recommendations reflect its understanding of applicable standards at the time services are provided. Company does not act as, and this Agreement does not create, a certifying or regulatory compliance authority.
4. Client Responsibility
Client is responsible for:
- Final compliance verification
- Legal consultation if required
Client is encouraged to obtain independent legal or code-compliance review, particularly for matters involving ADA certification, occupancy approval, or other regulatory sign-off, prior to relying on any accessibility-related work performed by Company as satisfying a specific legal or regulatory requirement.
5. Indemnification
Client agrees to indemnify Company from claims related to:
- Accessibility compliance disputes
- Regulatory enforcement actions
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by Company arising from or related to the above, except to the extent such claims arise from Company’s own negligence or willful misconduct. This obligation survives completion of the applicable services.
6. Arbitration
All disputes shall be resolved via Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; the parties waive any right to bring or participate in a class, collective, or representative action, and waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
7. Contact
8. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Construction/Facility Liability Addendum
Terms and Conditions — Risk Acknowledgment & Site Conditions
Effective Date: April 12, 2026
1. Inherent Risk Acknowledgment
Client acknowledges construction and maintenance work involves risks including:
- Property damage
- Equipment failure
- Unexpected conditions
Client acknowledges that these risks exist even when Company performs work in accordance with applicable industry standards and reasonable care, and that Company’s assumption of these general risks under this section does not by itself establish fault or liability on Company’s part for any specific incident.
2. Existing Conditions Disclaimer
We are not responsible for:
- Pre-existing structural issues
- Undisclosed hazards
- Prior improper work
Company’s scope of work is based on visible and disclosed conditions at the time of estimate or inspection. Company is not responsible for conditions that existed prior to its engagement, were concealed from view, or resulted from work performed by others before Company’s involvement, unless such conditions were identified in a written proposal, estimate, or work order.
3. Utility & Infrastructure Risks
Client must identify:
- Utilities
- Structural limitations
We are not liable for damage due to inaccurate information.
Client is responsible for providing accurate and complete information regarding the location of utilities, structural limitations, and other site infrastructure known to Client prior to the start of work. Where Client-provided information is incomplete or inaccurate, any resulting damage, delay, or additional cost is Client’s responsibility, except where Company failed to exercise reasonable care in reliance on that information.
4. Material & Equipment Variability
Performance of materials and systems may vary. No guarantees beyond manufacturer warranties.
Company selects materials and equipment based on industry standards and project specifications, but performance may vary due to factors outside Company’s control, including manufacturing variability, environmental conditions, and ordinary wear. Except as expressly stated in writing, any warranty applicable to materials or equipment is limited to the warranty provided by the original manufacturer.
5. Environmental Conditions
We are not liable for:
- Mold
- Water intrusion
- Environmental hazards discovered during work
Where a suspected environmental hazard is discovered during the course of work, Company will notify Client and may pause affected work pending Client’s written direction, including engagement of a qualified specialist if remediation falls outside Company’s scope. Any such remediation is addressed separately from this Agreement unless specifically included in a written proposal, estimate, or work order.
6. Indemnification
Client agrees to indemnify Company from claims related to:
- Site hazards
- Third-party injuries
- Environmental conditions
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by Company arising from or related to the above, except to the extent such claims arise from Company’s own negligence or willful misconduct. This obligation survives completion of the applicable services.
7. Arbitration
All disputes shall be resolved via Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; the parties waive any right to bring or participate in a class, collective, or representative action, and waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
8. Limitation of Liability
Liability capped at amount paid.
To the fullest extent permitted by law, Company’s total aggregate liability arising out of or relating to the applicable services, regardless of the theory of liability, shall not exceed the total amount paid by Client to Company for those services, and in no event shall Company be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
9. Contact
10. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Insurance & Risk Allocation Clause
Terms and Conditions — Insurance & Risk Allocation
Effective Date: April 12, 2026
1. Company Insurance
We maintain commercially reasonable:
- General liability insurance
- Workers’ compensation coverage*
Company will provide a certificate of insurance evidencing this coverage upon Client’s reasonable written request, and will notify Client if a material lapse in coverage relevant to the services occurs during the term of an active work order.
2. Client Insurance Responsibility
Client is responsible for maintaining:
- Property insurance
- Builder’s risk (if applicable)
Client is responsible for ensuring adequate property insurance, and builder’s risk coverage where applicable to the project, is in place prior to the commencement of work and remains in effect for the duration of the project. Company may request evidence of such coverage before beginning work.
3. Risk Transfer
Client assumes risk for:
- Property damage beyond our control
- Acts of third parties
This includes damage or loss arising from causes outside Company’s reasonable control, such as acts of nature, pre-existing property conditions, or the actions of parties other than Company or its subcontractors while performing the contracted work.
4. Waiver of Subrogation
To the extent permitted by law, Client waives rights of subrogation against Company.
This waiver applies to the extent of insurance proceeds actually received by Client, or that would have been received had Client maintained the insurance coverage required under this Agreement, and does not extend to claims arising from Company’s gross negligence or willful misconduct where such a waiver would be void under applicable law.
5. Indemnification
Client agrees to indemnify Company against claims not caused by Company negligence.
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by Company arising from or related to such claims. This obligation survives completion of the applicable services.
6. Arbitration
All disputes resolved via Company-selected arbitration.
*Waiver provided in some cases.
Arbitration shall be conducted on an individual basis only; the parties waive any right to bring or participate in a class, collective, or representative action, and waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration. Where a waiver of subrogation or other waiver is expressly provided in a specific work order, that written waiver governs to the extent it conflicts with this section.
7. Contact
8. Limitation of Liability
To the fullest extent permitted by law, Company’s total aggregate liability arising out of or relating to the applicable services, regardless of the theory of liability, shall not exceed the total amount paid by Client to Company for those services, and in no event shall Company be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
9. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Warranty & Performance Disclaimer
Terms and Conditions — Warranty & Performance Disclaimer
Effective Date: April 12, 2026
1. Limited Warranty
Any warranties must be explicitly stated in writing.
No warranty, express or implied, is created by any oral statement, marketing material, or general representation regarding Company’s services. A warranty applies only if it is set out in writing in the applicable proposal, estimate, work order, or a signed warranty document, and only for the specific scope, duration, and conditions stated in that writing.
2. No Performance Guarantee
We do not guarantee:
- Energy savings
- Equipment lifespan
- Maintenance outcomes
Any figures, projections, or estimates related to energy savings, equipment lifespan, or expected maintenance outcomes provided by Company are good-faith estimates based on available information at the time and are not guarantees of actual results. Actual performance may vary due to usage patterns, environmental conditions, third-party equipment, and other factors outside Company’s control.
3. Third-Party Products
Subject to manufacturer warranties only.
Equipment, materials, and systems supplied by third-party manufacturers are covered solely by the applicable manufacturer’s warranty, and Company makes no independent warranty regarding such products beyond passing through the manufacturer’s terms. Client’s remedies for defects in third-party products are limited to those available under the manufacturer’s warranty.
4. Maintenance Limitation
Preventative maintenance reduces risk but does not eliminate failure.
Preventative maintenance services are designed to identify and reduce the likelihood of equipment or system issues but cannot guarantee against failure, breakdown, or the need for future repair or replacement, particularly where such issues result from age, prior conditions, misuse, or factors outside the scope of the maintenance performed.
5. Indemnification
Client agrees to indemnify Company from claims related to:
- System performance
- Equipment failure
This indemnification extends to any resulting damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and costs of defense, incurred by Company arising from or related to the above, except to the extent such claims arise from Company’s own negligence or willful misconduct. This obligation survives completion of the applicable services.
6. Arbitration
All disputes resolved via Company-selected arbitration.
Arbitration shall be conducted on an individual basis only; the parties waive any right to bring or participate in a class, collective, or representative action, and waive the right to a jury trial with respect to any such dispute. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
7. Contact
8. Limitation of Liability
To the fullest extent permitted by law, Company’s total aggregate liability arising out of or relating to the applicable services, regardless of the theory of liability, shall not exceed the total amount paid by Client to Company for those services, and in no event shall Company be liable for indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
9. Severability
If any provision of this policy is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
General Disclaimer & Website Terms
1. General Informational Purpose
The information, policies, and content provided on this website by Kurt Commercial Facility Services, LLC (“Company”), including but not limited to Terms and Conditions, Privacy Policy, ADA-related statements, Cookie Policy, and other disclosures (collectively, the “Terms and Conditions”), are provided for general informational purposes only and do not constitute legal, professional, or technical advice.
2. No Warranty of Accuracy
While the Company makes reasonable efforts to maintain accurate and up-to-date information, all content is provided “as is” and “as available,” without any representations or warranties, express or implied, including but not limited to accuracy, completeness, reliability, or fitness for a particular purpose. Laws and regulations vary by jurisdiction and are subject to change, and the inclusion of any policy does not guarantee compliance in all circumstances.
3. Nature of Services
The Company provides services in the areas of energy solutions, building renovations, and preventative maintenance (collectively, the “Services”). All Services are performed based on available information, site conditions, and factors beyond the Company’s control. The Company does not guarantee specific results, including but not limited to energy savings, system performance, cost reductions, project timelines, or long-term building conditions. Any estimates, projections, or recommendations are provided for informational purposes only and may vary based on real-world conditions.
4. Unforeseen Conditions
Renovation and maintenance activities may reveal unforeseen conditions, including structural, environmental, or code-related issues, which may affect scope, cost, and timing. Preventative maintenance reduces risk but does not eliminate the potential for equipment failure or future repairs. The Company is not responsible for pre-existing conditions, latent defects, or circumstances not reasonably identifiable during standard evaluations.
5. Limitation of Liability
To the fullest extent permitted by law, the Company disclaims all liability for any direct, indirect, incidental, consequential, or special damages arising out of or related to the use of this website, reliance on its content, or the performance of the Services. By using this website or engaging the Company, you acknowledge that you are responsible for seeking independent legal, engineering, or other professional advice as needed.
6. Indemnification
You agree to indemnify, defend, and hold harmless Kurt Commercial Facility Services, LLC, its owners, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, or expenses arising from your use of this website, reliance on its content, or engagement with the Services, except where prohibited by law.
7. Severability [Added for consistency with your other Terms & Conditions documents]
If any provision of this disclaimer is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.