Terms & Conditions
Website Terms of Use
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING OR USING THE CLOUD SERVICES (the “Effective Date”). BY CLICKING ON THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING OR USING THE CLOUD SERVICES YOU (A) THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (C) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GOOD NEIGHBOR POOL SERVICE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through diypoolclean.com (the “Site”). These Terms are subject to change by Diy Pool Service (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) The services, service address, and monthly service fee are set forth in your service quote. We will provide the services in exchange for the monthly service fee. You agree to allow us to charge the monthly service fee to your card each month.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, (electronic checks, and other means) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
(c) Your credit card statement will reflect a charge from each month. If you have any questions about your services or your monthly service fee, please contact us at 480.694.3158 or [email protected]. As we are regularly out in the field servicing pools, we check and respond to emails on Sundays and Wednesdays. We are always happy to answer questions.
(d) Additional Fees. The monthly service fee includes ONLY the maintenance services specified in your service quote. (i) We will automatically replace or repair Regular Maintenance Items (‘RMI’), which are small items less than $100 that do not require an additional labor charge. These items shall include but will not be limited to tab dispensers, baskets for pumps skimmers or leaf canisters, o-rings and gaskets, pressure gauges, cleaner hoses, cleaner gears and tires, autofill floats, and Weir doors. All RMI replacements and charges will automatically be itemized and added to the monthly service fee (ii) Repairs or unforeseen expenses over and above RMIs (such as re-starts on newly-filled pools, etc.) may incur additional charges. If we encounter a condition that requires repair or unforeseen expenses over and above these regular maintenance items in addition to your monthly service fee (with the exception of filter cleaning), we will contact you and in advance so you can authorize or decline any additional services and related charges. Repair work, if any, may be performed by an independent contractor of our choosing. Additional charges may also include time spent on: picking up supplies, placing orders, contacting scheduling and working with subcontractors, scope of work assessments, project planning, answering questions, responding to communications including email text and phone calls.
(e) Chemicals. The service fee does not include the cost of chemicals. All chemical prices will vary according to market rates, and availability.
(f) Service Fee Changes. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We may change our fees or the services we provide with 30 days’ notice. Because you have the right to cancel any time, you will never be locked into a rate increase without a choice.
(g) We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
4. General Terms, Rules, Shipments; Delivery; Title and Risk of Loss.
(a) Renters. You must have permission from the home owner prior to hiring GNPS or one of our vendors as we are not liable for any disputes between you & the homeowner.
(b) Family Time. We take 4 weeks off each year and are unavailable. These weeks are as follows: Thanksgiving Week – Christmas Week – Spring Break – Fall Break. Discounts or refunds will not be provided during these months. You will still be charged the same monthly price in your service quote.
(c) Pets. We all love pets and they can interfere with our ability to access and clean or repair your pool. You must restrain all pets. We will do our best to keep gates and latches closed, but we are not responsible if a pet gets out while we are on your property. In addition, you accept responsibility for any injuries inflicted on our pool service providers by pets. Access. You must provide us with access to the pool and pool equipment. This includes: providing any necessary gate codes and remotes, providing necessary keys, removing pool covers, and restraining any pets.
(d) Temporary Changes in Service Day. Sometimes there is a condition that will cause an interruption of service for only part of the service week, such as construction or pool repairs or other events that will block our access to the pool on your normal service day. If you let us know at least one day before your regular service day that we will be unable to service the pool, we will reschedule your service for as soon as practicable after your regular service day.
(e) Interruption of Service Without Notice. If there is a condition that will cause an interruption of service, such as a locked gate, unrestrained pet, or other condition and you do not let us know at least one day in advance of your regular service day, we may, at our option, choose to reschedule your service or skip the service for the week. If you do not notify us at least one day in advance of your regular service day, we will not refund any part of the weekly service fee.
(f) If We Are Unable to Make Regular Service Day. If we are unable to perform your service on your regular service day for some reason such as an accident, injury, illness, or mechanical breakdown, then we will reschedule your service for as soon as practicable after your regular service day. (g) Cartridge & DE Filter Cleaning. Filter cleanings are scheduled a minimum of every 6 months, usually (April & October). Our pricing is $120- Cartridge Filter Cleaning & DE Filter Cleaning. As a new customer, we will typically tear down the filter to inspect the cleanliness & condition of it. If necessary, we will clean & repair/replace broken parts within the unit. Additional charges apply for this service.
(h) Bad Weather. On days when it is raining, excessively windy, or otherwise hazardous, we may limit the services that we perform or reschedule service for another day. (i) Pool Conditions Outside of Our Control. We are not responsible for water levels or conditions outside our control such as landscaping that interferes with pool maintenance, effects of extreme pool usage, high or low water temperatures, accumulations of debris between service visits, and normal wear and tear.
(j) Chemical Storage & Usage. WE ARE NOT RESPONSIBLE FOR CHEMICALS STORED ON YOUR PROPERTY. Unless otherwise indicated, we deliver & store pool chemicals near the pool equipment. We are not liable to the damage they may cause to persons, animals, or property. If you decide to apply chemicals to your own pool, you are responsible to read the warning labels for each product and how to apply them correctly to your pool as we are not held liable for the damages they may cause.
(k) Pool Draining. When your pool is scheduled to be drained by GNPS or a preferred vendor the following will occur: A submersible pump will be placed in your pool to drain it into your house’s plumbing clean-outs. We will turn off the power and the auto water leveler to the pool. It is vital to check the flow for a few minutes to make sure there are no problems with the pump and then we will unplug the pump. Customer is required to plug in the pump when they are home that evening and monitor for water backing up into the house. GNPS or preferred vendors are not responsible for the drain clean-out overflowing or any flooding as a result of the draining process. It is the customers responsibility to locate the sewer clean outs on the property. It is perfectly safe to leave the submersible pump plugged in overnight. It will shut itself off when the pool is empty. Draining a pool will put stress on the interior surface. When you remove the water from a pool, you run the risk of exacerbating underlying and existing conditions that are not visible when the pool is full of water. Anytime a pool is drained you run the risk of popping, chipping, blistering, peeling or cracking of the pool surface due to pre-existing conditions. These conditions may not become apparent after draining, or even refilling. They can show up in weeks or months after refilling the pool.
5. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A)
WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU. 6. Limitation of Liability. WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. The limitation of liability set forth above shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
7. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the
State of Arizona.
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND GOOD NEIGHBOR POOL SERVICE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY AND OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention, do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Leisure Pool Services.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. (b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Leisure Pool Services 903 E Granite Dells Rd. #8 Payson AZ 85541. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
GNPS- Leisure Pool Services, LLC. 2023