These Terms of Service govern your access to and use of the Margin Defense Co. website, calculators, forms, and scheduling tools (collectively, the "Site"). Margin Defense Co. is referred to in these Terms as "Margin Defense," "we," "us," or "our."
1. Acceptance of Terms
By accessing or using the Site, you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Site. If you use the Site on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf.
2. Site Purpose
The Site provides general information about Margin Defense and its managed vendor-cost and master-item-list maintenance services for commercial HVAC/R contractors. The Site may also include calculators, forms, scheduling tools, and other resources intended to help visitors understand potential material-cost and gross-profit exposure. Use of the Site does not create a client relationship, service engagement, partnership, agency relationship, or obligation for Margin Defense to provide services.
3. Calculator and Information Disclaimer
Any calculator results, examples, estimates, illustrations, or other content on the Site are provided for general informational and educational purposes only. Calculator results are based on information entered by the user and the assumptions built into the applicable tool. They are not an audit, accounting analysis, financial forecast, legal advice, tax advice, or guarantee of savings, gross profit, pricing outcomes, or business performance. Actual results may vary based on vendor pricing, account-specific terms, product mix, item-list accuracy, pricing rules, system configuration, approval timing, purchasing practices, labor, overhead, market conditions, and other factors. You are responsible for reviewing your own business records and consulting qualified financial, legal, tax, accounting, or operational advisers as appropriate.
4. Requests for Cost Reviews
Submitting a form or requesting a cost review does not create a service agreement or obligate either party to enter into an engagement. You agree that the information you submit through the Site is accurate to the best of your knowledge and that you are authorized to provide it. Do not submit vendor portal credentials, account passwords, confidential contracts, invoices, account-level pricing, or other sensitive information through website forms. Margin Defense may contact you by email or phone in response to your request, subject to our Privacy Policy.
5. Client Services and Separate Agreements
Any managed service provided by Margin Defense is subject to a separate written Service Agreement signed by Margin Defense and the client. The Service Agreement, not these website Terms, will govern the scope of work, fees, payment terms, setup and implementation, maintenance cadence, client responsibilities, system and vendor access, confidentiality, data handling, approvals, changes, term, renewal, cancellation, warranties, limitations of liability, and any other terms applicable to a client engagement.
6. Third-Party Systems and Vendor Sources
The Site may reference third-party field-management systems, ERP platforms, vendor portals, distributors, manufacturers, or other services. Those references are provided for general informational purposes only and do not imply that Margin Defense is affiliated with, endorsed by, certified by, or partnered with those third parties. A client that engages Margin Defense is responsible for ensuring it has the authority to provide any approved access, data, files, or instructions required for the agreed workflow. Margin Defense does not control third-party systems, vendor portals, pricing files, account terms, availability, policies, or data accuracy.
7. Intellectual Property
The Site and its content, including text, logos, graphics, visual designs, calculator interfaces, the "Math of Price Drift" presentation, and other proprietary materials, are owned by or licensed to Margin Defense and are protected by applicable intellectual-property laws. You may view and use the Site for lawful, internal business purposes. You may not copy, reproduce, modify, distribute, publish, publicly display, create derivative works from, scrape, frame, reverse engineer, or commercially exploit Site content without our prior written permission, except where permitted by applicable law.
8. Acceptable Use
You agree not to: - Use the Site for any unlawful, fraudulent, or unauthorized purpose. - Attempt to gain unauthorized access to the Site, its systems, forms, or data. - Interfere with the security, operation, or availability of the Site. - Upload or transmit malicious code, viruses, or harmful material. - Use automated tools to scrape, harvest, or collect Site content or form data without written permission. - Misrepresent your identity, company, authority, or reason for contacting Margin Defense.
9. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARGIN DEFENSE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. MARGIN DEFENSE DOES NOT WARRANT THAT THE SITE, CALCULATORS, OR OTHER CONTENT WILL BE COMPLETE, ACCURATE, AVAILABLE, SECURE, OR ERROR-FREE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARGIN DEFENSE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARGIN DEFENSE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED $100. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
11. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Margin Defense and its owners, officers, employees, contractors, and agents from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from your misuse of the Site, your violation of these Terms, or your violation of any law or third-party right.
12. Governing Law and Venue
These Terms and any dispute arising from or relating to the Site are governed by the laws of the State of Florida, without regard to conflict-of-law principles. To the extent permitted by applicable law, you agree that any legal action arising from or relating to these Terms or the Site must be brought exclusively in the state or federal courts located in Bay County, Florida, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may revise these Terms from time to time. When we do, we will post the updated version on this page and update the "Last Updated" date above. Your continued use of the Site after revised Terms are posted means you accept the updated Terms.
14. Contact Us
If you have questions about these Terms, contact: Margin Defense Co. Panama City Beach, Florida drew@margindefense.com (850) 462-4136