Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pool Creations ("Company," "we," "us," or "our"), a Florida pool contractor located at 1744 S. Tamiami Trail, Venice, FL 34293, Florida Pool/Spa Contractor License # CPC1458354. By accessing or using this website in any manner, you unconditionally accept and agree to be bound by these Terms in their entirety. If you do not agree to every provision of these Terms, you must immediately cease all use of this website.

These Terms apply to all users of the Site, including without limitation users who are browsers, prospective customers, and existing clients. We reserve the right to modify these Terms at any time, at our sole discretion, without prior notice. Your continued use of the Site following any modification constitutes your unconditional acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically.

2. Website Use Informational Purposes Only

All content on this website including but not limited to service descriptions, project photos, pricing ranges, timelines, financing estimates, testimonials, certifications, and award information is provided for general informational purposes only and does not constitute a binding offer, contract, guarantee, or warranty of any kind. No information on this Site creates any contractual obligation on the part of Pool Creations.

Actual project scope, pricing, timelines, and specifications are determined solely by a formal written contract executed between Pool Creations and the client. No verbal representation, email, website content, or consultation discussion shall be deemed a binding commitment unless reduced to a fully executed written contract signed by an authorized representative of Pool Creations.

The pool payment estimator and any other calculators on this Site provide estimates for informational purposes only. Pool Creations makes no representation or warranty regarding the accuracy of any estimate, and no estimate constitutes a loan offer, financing commitment, or price guarantee.

3. No Professional Advice

Nothing on this Site constitutes legal, financial, engineering, architectural, or professional advice of any kind. You should consult qualified professionals before making any decisions based on information obtained from this Site. Pool Creations expressly disclaims all liability for any action taken or not taken based on information contained on this Site.

4. Intellectual Property

All content on this Site including but not limited to text, graphics, photographs, logos, icons, images, audio clips, digital downloads, and data compilations is the exclusive property of Pool Creations or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or otherwise exploit any content from this Site without the express prior written permission of Pool Creations. Unauthorized use may give rise to a claim for damages and/or be a criminal offense.

5. User Conduct and Prohibited Uses

You are prohibited from using the Site or its content:

• For any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
• To violate any international, federal, state, or local regulations, rules, laws, or ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any protected characteristic.
• To submit false or misleading information, including false consultation requests.
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website.
• To collect or track the personal information of others.
• To spam, phish, pharm, pretext, spider, crawl, or scrape.
• To interfere with or circumvent the security features of the Service or any related website.
• To use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, without notice and without liability to you.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

Pool Creations does not warrant that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Site will be accurate or reliable; (c) the quality of any information, services, or other material obtained through the Site will meet your expectations; or (d) any errors in the Site will be corrected. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POOL CREATIONS FL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SITE; (B) ANY INFORMATION OBTAINED FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF POOL CREATIONS FL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL POOL CREATIONS FL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN FULL, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless Pool Creations and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site; (c) your submission of any information or content to the Site; (d) your violation of any law or the rights of any third party; or (e) any claim that your use of the Site caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Site.

9. Third-Party Links and Services

The Site may contain links to third-party websites, tools, and services. Pool Creations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services, and expressly disclaims all liability arising from your use of any third-party site or service accessed through the Site. Your use of third-party sites is at your own risk and subject to the terms and conditions of those sites.

10. Accuracy of Information; Right to Modify

We reserve the right to modify, update, correct, or remove any content on the Site at any time without notice and without liability. We make no representation or warranty that the information on the Site is accurate, complete, current, or free from errors or omissions. We expressly disclaim all liability for any errors or omissions in the content of the Site.

11. Dispute Resolution Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Site ("Dispute") shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. You and Pool Creations each waive the right to a jury trial and the right to participate in a class action, class arbitration, or any other representative proceeding.

The arbitration shall be conducted in Sarasota County, Florida, or, at Pool Creations's sole discretion, by telephone or written submissions. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Nothing in this section shall prevent Pool Creations from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

CLASS ACTION WAIVER: You agree that any arbitration or proceeding shall be limited to the Dispute between Pool Creations and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If the mandatory arbitration clause is found to be unenforceable, then any Dispute shall be resolved exclusively in the state or federal courts located in Sarasota County, Florida, and you consent to personal jurisdiction in those courts.

12. Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

14. Waiver

The failure of Pool Creations to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pool Creations with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written, between you and Pool Creations relating to the Site. No oral or written information or advice given by Pool Creations or any of its representatives shall create a warranty or in any way increase the scope of Pool Creations's obligations under these Terms.

16. Force Majeure

Pool Creations shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond Pool Creations's reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, supply chain disruptions, governmental actions, or utility failures.

17. Contact Information