TERMS AND CONDITIONS OF USE

Tri-State Water, Power & Air

Effective Date: July 28, 2026

Last Updated: July 28, 2026

1. Acceptance of Terms

Tri-State Water, Power & Air (“we,” “us,” or “our”) operates the website at TriStateWhyWait.com (“Site”). Tri-State Water, Power & Air is operated by TSWT Acquisition, Inc, and is part of the TSWT Acquisition, Inc. family of home-services brands. We are pleased you have visited our Site. By accessing or using the Site, you accept and agree to be bound by these Terms and Conditions of Use (“Terms”). When using the Site, you are also subject to any posted guidelines or rules applicable to specific features, which are incorporated into these Terms by reference and may be updated from time to time.

ANY USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

2. Relationship to Service Agreements

The content on the Site is informational in nature. Requesting a quote, submitting a contact form, or scheduling an appointment through the Site does not, by itself, create a binding contract for HVAC, electrical, plumbing, or generator services. The actual terms governing any installation, repair, maintenance, or other work performed at your property — including pricing, scope of work, warranties on workmanship or equipment, and payment terms — are set out in a separate service agreement, estimate, or work order that you sign or otherwise agree to before work begins. These Terms govern your use of the Site itself; they do not modify or supersede the terms of any separate service agreement.

3. Eligibility and Prohibited Use

You may not use the Site to send unsolicited commercial email to any address posted on the Site. The posting of an email address on the Site does not constitute consent to add that address to any mailing list or to any other unauthorized use. Spam, chain emails, advertising solicitations, and similar unsolicited communications directed at Tri-State Water, Power & Air or its personnel are expressly prohibited.

4. Intellectual Property

All content on the Site — including text, graphics, design, logos, and programming (“Content”) — is the property of Tri-State Water, Power & Air or the property of third parties as indicated, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it for any public or commercial purpose, without our prior written permission.

5. Third-Party Links

Any links on the Site are provided for the convenience of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, and we do not warrant, endorse, or approve any linked information or entity. The existence of a link does not imply anything more than potential interest to the reader.

6. SMS Terms and Conditions

This Section 6 is the authoritative SMS Terms and Conditions for Tri-State Water, Power & Air. It is referenced, but not duplicated, in our Privacy Policy.

6.1 Introduction

By opting into Tri-State Water, Power & Air’s SMS program, you agree to receive recurring text messages at the phone number you provided. These messages may include account notifications, appointment/delivery reminders, customer care communications, and marketing offers related to our products and services. Participation is governed by these Terms and applicable law, including the Telephone Consumer Protection Act (“TCPA”) and FCC regulations.

6.2 Opt-In Consent

Your participation in Tri-State Water, Power & Air’s SMS program requires opt-in consent that is specific to Tri-State Water, Power & Air. By opting in, you consent to receive messages from Tri-State Water, Power & Air only; your consent does not extend to other TSWT-affiliated brands unless separately and explicitly provided, consistent with the FCC’s one-to-one consent rule. No mobile opt-in information is shared with third parties for marketing purposes.

You may opt in through a web form (by checking a clearly labeled box) or, where permitted, through verbal or in-person consent that we document. Opting in is not a condition of any purchase.

6.3 Message Frequency and Types of Messages

Message frequency varies based on your preferences and interactions with Tri-State Water, Power & Air. Messages may include account notifications, appointment or delivery reminders, customer care communications, and marketing messages. Message and data rates may apply depending on your mobile carrier and plan.

6.4 Opt-Out Process

You can opt out of SMS messages from Tri-State Water, Power & Air at any time by replying STOP to any message. For assistance, reply HELP, or contact us using the information in Section 14 below.

6.5 Message and Data Rates; No Liability for Carrier Fees

Message and data rates may apply depending on your mobile service provider and plan. Tri-State Water, Power & Air is not responsible for carrier fees charged for sending or receiving messages related to our services, and cannot guarantee that SMS delivery will be available in all areas or at all times.

6.6 Record-Keeping

We maintain records of when and how you provided SMS consent, including opt-in and opt-out dates and timestamps, consistent with TCPA record-keeping expectations.

6.7 Relationship to Privacy Policy

Your participation in our SMS program is also subject to our Privacy Policy, available at [PRIVACY POLICY URL], which explains how we collect, use, and protect your personal information.

7. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. Tri-State Water, Power & Air DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Tri-State Water, Power & Air DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TRUTHFULNESS OF ANY CONTENT ON THE SITE.

8. Limitation of Liability

IN NO EVENT SHALL Tri-State Water, Power & Air BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Tri-State Water, Power & Air WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in this Section limits Tri-State Water, Power & Air’s obligations under a separate, signed service agreement for work performed at your property; this Section applies to your use of the Site itself.

9. Indemnification

You agree to indemnify and hold Tri-State Water, Power & Air, its affiliated TSWT brands, and their respective officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your misuse of the Site or your violation of these Terms.

10. Governing Law and Venue

These Terms are governed by the internal substantive laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

11. Class Action Waiver

YOU AND Tri-State Water, Power & Air AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING.

You and Tri-State Water, Power & Air each waive any right to participate in a class action lawsuit or class-wide arbitration against the other, and each waive any right to have any dispute heard or decided as part of a class, collective, or representative action. If a court determines that this Class Action Waiver is unenforceable as to a particular claim or request for relief, that claim or request for relief (and only that claim or request) shall proceed in court and be severed from any remaining claims, which shall continue to be subject to this Class Action Waiver.

12. Severability and No Waiver

If any provision of these Terms is found invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect. Our failure to enforce any part of these Terms will not be deemed a waiver of that provision and will not prevent later enforcement of it.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our website and, for changes affecting the SMS program specifically, may also be communicated by text message. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

14. Contact Us

Questions about these Terms can be directed to:

Tri-State Water, Power & Air 1220 South West End Blvd, Cape Girardeau MO 63703.  Or you can email compliance@tristatewater.com.  By phone, please call 573-225-5699.

You may also contact our corporate office: TSWT Acquisition, Inc. 4505 Excel Parkway, Suite 600, Addison TX, 75001.