Terms of Use

Last Updated: June 7, 2025

1. INTRODUCTION

These Terms of Use (“Terms”) govern your access to and use of the website, mobile experiences, and any related online services (collectively, the “Site”) provided by Pacific Clear Pool & Spa, Inc. (“Company,” “we,” “us,” or “our”). By accessing or using the Site or engaging our pool-construction, remodeling, maintenance, or related consulting services (the “Services”), you agree to be bound by these Terms and our Privacy Policy. If you disagree, do not access the Site or use the Services.

Contact:
Pacific Clear Pool & Spa, Inc.
PO Box 890332, Temecula, CA 92589
pacificclear951@gmail.com

2. MODIFICATIONS

We may modify these Terms at any time. Material changes will be posted on this page and, when feasible, communicated by email or on-Site notice. Continued use after changes become effective constitutes acceptance.

3. ELIGIBILITY & ACCOUNT RESPONSIBILITIES

• You must be at least 18 years old and able to form a binding contract.
• You agree to provide accurate, current information and promptly update it.
• You are responsible for safeguarding any credentials and for activities under your account.

4. SERVICES & QUOTES

• Estimates are non-binding until incorporated into a written agreement signed by both parties.
• Schedules are subject to weather, permitting, material availability, and other factors beyond our control.
• Change orders must be documented in writing; additional charges may apply.

5. PAYMENTS

• All fees, payment schedules, and accepted methods are detailed in your project agreement or invoice.
• Late payments may incur finance charges and may suspend or terminate Services.

6. INTELLECTUAL PROPERTY

The Site, its content, logos, photos, videos, designs, text, and underlying code are owned by us or our licensors and protected by U.S. and international IP laws. Except for limited, revocable viewing rights while using the Site, no license or right is granted.

7. USER CONTENT

Any reviews, photos, or other materials you submit (“User Content”) must:

  1. Be owned or controlled by you.

  2. Not infringe any third-party rights.

  3. Not be unlawful, defamatory, or obscene.

You grant us a worldwide, royalty-free, perpetual license to use, reproduce, display, and distribute User Content in connection with our business and marketing.

8. PROHIBITED CONDUCT

You agree not to:
• Reverse-engineer or scrape the Site.
• Interfere with security features.
• Post malware, unsolicited promotions, or unlawful material.
• Misrepresent your identity or affiliation.

9. LIMITED WARRANTIES & DISCLAIMERS

• Workmanship: Specific warranties for construction or remodeling are stated in your project contract.
• Information: Site content is provided “as-is” for general information. We do not warrant accuracy, completeness, or fitness for a particular purpose.
• No Advice: Nothing on the Site constitutes professional engineering, legal, or financial advice.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will the Company, its owners, employees, or contractors be liable for indirect, incidental, consequential, special, or punitive damages arising out of or relating to the Site or Services, even if advised of the possibility. Our aggregate liability will not exceed the amount you paid for the specific Services giving rise to the claim.

11. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your: (a) breach of these Terms; (b) User Content; or (c) use of the Site or Services.

12. TERMINATION

We may suspend or terminate your access to the Site or Services at any time for violation of these Terms or other lawful reasons. Sections 6 – 13 survive termination.

13. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by California law without regard to conflict-of-law principles. Any dispute not resolved informally will be submitted to binding arbitration in Riverside County, California, under the rules of the American Arbitration Association. You waive class-action rights and agree to conduct disputes on an individual basis.

14. SEVERABILITY

If any provision is held invalid or unenforceable, the remaining provisions remain in full force. A waiver by us of any breach is not a waiver of later breaches.

15. ENTIRE AGREEMENT

These Terms, together with any signed project agreement and our Privacy Policy, constitute the entire agreement between you and the Company regarding the Site and Services and supersede all prior or contemporaneous communications.

16. EFFECTIVE DATE

These Terms of Use are effective as of the “Last Updated” date shown at the top of this document and will remain in effect except with respect to any changes in their provisions in the future, which will be in effect immediately after being posted on this page. By using our website and services, you acknowledge that you have read and understand these Terms of Use and agree to be bound by their terms.