Terms & Conditions

Last Updated: 1-10-2025

These Terms & Conditions (the “Terms”) govern the access to and use of the website located at https://southwestradoneliminators.com (the “Website”), operated by Southwest Radon Eliminators LLC (“Company,” “we,” “us,” or “our”). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree, please do not access or use our Website.

1. Acceptance of Terms

By accessing or using our Website, you:

  1. Represent that you have the legal authority to enter into these Terms.
  2. Acknowledge that you have read, understood, and agree to be bound by these Terms and any additional guidelines or rules posted on our Website.

We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms here, with an updated “Last Updated” date. Your continued use of our Website after any such changes constitutes your acceptance of the revised Terms.

2. Scope of Services

Southwest Radon Eliminators LLC provides information and services related to radon testing, radon mitigation, and other environmental safety measures (collectively, the “Services”).

  • Informational Purposes: All content on our Website is provided for general informational purposes only and should not be construed as professional advice or a guarantee of any particular outcome.
  • Scheduling & Quotes: If you choose to schedule a consultation, test, or mitigation service via our Website, any specific agreements or contracts (including pricing and service scope) will be detailed separately and will supersede these Terms where conflicts arise.

3. SMS Marketing and Communications

Southwest Radon Eliminators LLC respects your privacy. By opting into our SMS messaging service, you agree to the following terms regarding how we handle your data:

  • Data Collection: We will collect your name, email address, mailing address, and mobile phone number when you sign up for SMS updates. The information will be collected via the website contact form, email, rental agreement, or third-party reservation systems.
  • Data Usage: We use your data solely for sending updates, promotions, and reminders related to our products or services.
  • Data Security: We protect your data with secure storage measures to prevent unauthorized access.
  • Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.
  • MESSAGE AND DATA RATES MAY APPLY. Your mobile carrier may charge fees for sending or receiving text messages, especially if you do not have an unlimited texting or data plan.
  • Messages are recurring, and message frequency varies.
  • Contact Southwest Radon Eliminators LLC at (505) 348-4467 or info@southwestradoneliminators.com for HELP or to STOP receiving messages.
  • Opt-Out: You can opt out of the SMS list at anytime by texting, emailing, or replying STOP or UNSUBSCRIBE to info@southwestradoneliminators.com or (505) 348-4467. After unsubscribing, you will receive a final SMS to confirm you have unsubscribed, and we will remove your number from our list within 24 hours.
  • You can send HELP for additional assistance, and you will receive a text including our Phone number, email, and website. We are here to help you.
  • Non-Sharing Clause: We do not share your data with third parties for marketing purposes. Southwest Radon Eliminators LLC will not sell, rent, or share the collected mobile numbers.

4. User Representations and Responsibilities

By using our Website, you represent and warrant that:

  1. Accurate Information: All information you submit is accurate, current, and complete.
  2. Lawful Use: You will use the Website in compliance with all applicable laws and regulations.
  3. Non-Commercial Use: Unless authorized in writing by us, you will not use the Website for any commercial purposes other than obtaining or inquiring about our radon-related services.

You further agree not to:

  • Use any automated means (e.g., robots, scrapers) to access the Website for any purpose without our prior written permission.
  • Impersonate another individual or entity or otherwise misrepresent your affiliation.
  • Engage in any activity that disrupts or interferes with the performance of the Website.

5. Intellectual Property

5.1 Ownership

All content on the Website—including text, graphics, logos, images, videos, software, and any other materials—are the property of Southwest Radon Eliminators LLC or its licensors and are protected under applicable intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, or create derivative works of any content on the Website without our prior written consent.

6. Disclaimer of Warranties

  1. Website “AS IS”: The Website and all content therein are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind—whether express or implied—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  2. No Guarantee of Results: While we strive to provide accurate and reliable information on radon testing, mitigation, and related services, we do not guarantee the completeness, accuracy, or reliability of the content.
  3. No Professional Advice: Content provided on our Website is for informational purposes only and does not substitute professional advice from qualified experts in radon mitigation, environmental safety, or other relevant fields.

7. Limitation of Liability

To the maximum extent permitted by law:

  1. Indirect Damages: Southwest Radon Eliminators LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use—or inability to use—our Website or Services.
  2. Total Liability: In no event shall our total liability to you for any damages exceed the amount you have paid us (if any) in the six (6) months preceding the event giving rise to the claim or $100, whichever is greater.
  3. Assumption of Risk: You assume all risks associated with your use of the Website and any reliance on the information provided therein.

8. Indemnification

You agree to defend, indemnify, and hold harmless Southwest Radon Eliminators LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with:

  1. Your use (or misuse) of the Website.
  2. Your violation of these Terms.
  3. Your violation of any rights of a third party, including intellectual property or privacy rights.

9. Third-Party Links and Services

Our Website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not endorse and are not responsible for:

  • The content of these third-party websites.
  • The privacy practices or terms of these third-party services.

You acknowledge and agree that we shall not be liable for any damage or loss arising from your use of any such third-party content or services.

10. Termination

We reserve the right to suspend or terminate your access to the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Website will immediately cease, and we may remove or delete your user content or information.

11. Governing Law and Dispute Resolution

These Terms and any disputes arising from or related to your use of the Website shall be governed by and construed in accordance with the laws of the state in which Southwest Radon Eliminators LLC is headquartered, without regard to its conflict of law principles.

  • Arbitration Clause (Optional): Any dispute arising under these Terms shall be resolved through binding arbitration in [City, State], in accordance with the rules of the American Arbitration Association.
  • Venue: If arbitration does not apply, any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the federal or state courts located in [County, State], and you waive any objection to personal jurisdiction or venue in such courts.

12. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

13. Entire Agreement

These Terms, along with our Privacy Policy (available on our Website), constitute the entire agreement between you and Southwest Radon Eliminators LLC regarding your use of the Website and supersede any prior or contemporaneous understandings and agreements, whether written or oral.

14. Contact Us

If you have any questions, concerns, or comments regarding these Terms & Conditions, please contact us at:

Southwest Radon Eliminators LLC
9 Cam Electra
Santa Fe, NM 87508
Email Us: info@southwestradoneliminators.com
Phone: (505) 348-4467

By using our Website, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them.