Terms of Service

Welcome to Best Pool & Spa Co. ("Company," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of our website, services, advertisements, forms, communications, and related platforms (collectively, the "Services").

By accessing our website or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of our Services.

1.Eligibility

You must be at least 18 years of age and legally capable of entering into a binding agreement to use our Services.

By using our Services, you represent that you meet these requirements.

2.Our Services

Best Pool & Spa Co. provides information, consultations, estimates, lead generation, customer support, marketing services, and may connect homeowners with carefully selected local pool builders, contractors, financing providers, installers, or other authorized business partners.

Submitting a request for information or a quote does not guarantee:

• Approval for financing
• Pricing
• Availability
• Construction timelines
• Project acceptance
• Contractor availability
• Completion of any project

Quotes, pricing, financing, and project details are subject to change based on property conditions, project scope, availability, and other factors.

3.No Construction Contract

Submitting information through our website or communicating with Best Pool & Spa Co. does not create a construction agreement or guarantee that any project will be accepted.

Construction agreements, pricing, warranties, timelines, and project obligations are established separately between you and the contractor or service provider performing the work.

4.Information You Provide

You agree that all information you submit is:

• Accurate
• Current
• Complete
• Truthful

You agree not to submit:

• False information
• Fraudulent requests
• Automated submissions
• Spam
• Malware
• Content that violates any law or the rights of others

We reserve the right to refuse service or terminate communications if inaccurate or fraudulent information is submitted.

5.Communications

By submitting your contact information, you expressly authorize Best Pool & Spa Co. and, when appropriate, our authorized contractors, business partners, financing providers, and service providers to contact you regarding your inquiry.

Communications may include:

• Phone calls
• Text messages
• Emails
• Voicemail
• Automated messages
• Appointment reminders
• Consultation scheduling
• Project updates
• Financing information
• Promotional communications (where permitted by law)

6.Estimates and Pricing

Any pricing displayed on our website, advertisements, emails, or communications is for informational purposes only unless expressly stated otherwise.

Actual pricing may vary based on:

• Property conditions
• Engineering requirements
• Soil conditions
• Permits
• Design selections
• Materials
• Labor
• Geographic location
• Market conditions
• Financing
• Project scope

Final pricing is determined only after an official consultation or written proposal.

7.Financing

Financing may be offered through independent third-party financing providers.

Best Pool & Spa Co. does not guarantee:

• Loan approval
• Interest rates
• Payment amounts
• Financing availability

All financing decisions are made solely by the financing provider.

8.Authorized Partners

To fulfill your request, we may connect you with one or more authorized local pool builders, contractors, installers, financing providers, or other business partners.

We make reasonable efforts to work with reputable partners; however, we do not guarantee:

• Contractor performance
• Licensing status
• Insurance coverage
• Availability
• Pricing
• Quality of workmanship
• Construction timelines

You are responsible for evaluating any contractor or service provider before entering into an agreement.

9.Intellectual Property

All content on this website, including but not limited to:

• Logos
• Graphics
• Images
• Videos
• Text
• Website design
• Software
• Branding
• Downloads
• Marketing materials

is owned by or licensed to Best Pool & Spa Co. and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, copy, sell, or exploit any content without our prior written permission.

10.Acceptable Use

You agree not to:

• Use the website for unlawful purposes
• Attempt unauthorized access to our systems
• Introduce malicious software
• Interfere with website functionality
• Scrape or harvest customer information
• Reverse engineer any portion of the website
• Use automated bots without authorization
• Impersonate another individual or business

We reserve the right to restrict access to anyone violating these Terms.

11.Third-Party Services

Our website may contain links to or integrate with third-party websites, software, payment providers, financing providers, analytics providers, advertising platforms, scheduling software, or communication services.

We are not responsible for:

• Third-party websites
• Third-party privacy practices
• Third-party products
• Third-party services
• Third-party policies

Your use of those services is governed by their respective terms.

12.Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, Best Pool & Spa Co. disclaims all warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Accuracy
• Availability
• Non-infringement

We do not guarantee uninterrupted or error-free operation of the website or Services.

13.Limitation of Liability

To the fullest extent permitted by law, Best Pool & Spa Co., its owners, employees, contractors, affiliates, and partners shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

• Your use of the website
• Delays in communication
• Contractor performance
• Financing decisions
• Construction delays
• Project outcomes
• Errors or omissions
• Website interruptions
• Loss of data
• Loss of profits

Our total liability for any claim shall not exceed the amount, if any, you paid directly to Best Pool & Spa Co. for the specific Services giving rise to the claim.

14.Indemnification

You agree to defend, indemnify, and hold harmless Best Pool & Spa Co., its owners, employees, affiliates, contractors, partners, successors, and assigns from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your misuse of the Services
• Information you submit
• Your violation of applicable law
• Your interactions with third-party contractors or service providers

15.Termination

We reserve the right to suspend or terminate access to our Services at any time, with or without notice, if we believe you have violated these Terms or applicable law.

16.Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State in which Best Pool & Spa Co. principally operates, without regard to its conflict of law principles.

Any legal dispute arising from these Terms shall be brought in a court of competent jurisdiction within that state unless otherwise required by applicable law.

17.Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

18.Changes to These Terms

We may modify these Terms at any time.

When changes are made, we will update the Effective Date at the top of this page.

Your continued use of the Services following any changes constitutes acceptance of the revised Terms.

19.Contact Information

If you have questions regarding these Terms, please contact:

20.Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional policies referenced on our website, constitute the entire agreement between you and Best Pool & Spa Co. regarding your use of the Services and supersede all prior communications or understandings relating to the Services.