Terms of Service
Last Updated: April 15, 2023
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Pool Clean ("Company," "we," "us," or "our") regarding your access to and use of the website at personalras.com ("Site") and any services, products, or features offered through the Site (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
2. Changes to Terms
We may revise these Terms at any time by posting an updated version on the Site. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. You should regularly review the Terms to stay informed of any updates.
3. Services Description
Pool Clean provides professional aquatic maintenance services for residential and commercial clients. Our services include regular maintenance, water analysis, equipment repair, and seasonal services for swimming pools and related water features.
The specific services provided to you will be those outlined in the service agreement or contract between you and Pool Clean, which may incorporate these Terms by reference.
4. Eligibility
You must be at least 18 years of age to use our Services or to create an account. By using our Services, you represent and warrant that you meet this requirement and that you have the legal authority to enter into binding contracts.
5. Account Registration and Security
When you register for an account with us, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to terminate or suspend your account at our discretion without notice if we believe you have violated these Terms.
6. Service Scheduling and Cancellations
Service appointments must be scheduled in advance and are subject to availability. We will make reasonable efforts to provide services at the agreed-upon times, but factors such as weather, traffic, and other circumstances may affect scheduling.
If you need to cancel or reschedule a service appointment, please notify us at least 24 hours in advance. Late cancellations or missed appointments may be subject to a cancellation fee as specified in your service agreement.
7. Access to Property
You agree to provide our technicians with reasonable access to your property to perform the contracted services. This includes access to water features, equipment areas, and necessary utilities. You are responsible for ensuring that the property is safe and that any pets are secured during service visits.
8. Payment Terms
You agree to pay all fees and charges for the Services as specified in your service agreement or as quoted to you. Payments are due upon receipt of invoice unless otherwise specified.
We accept various payment methods as indicated on our Site or in your service agreement. You authorize us to charge the payment method you provide for all services rendered.
Late payments may be subject to late fees and interest as permitted by law. Non-payment may result in suspension or termination of services.
9. Warranties and Disclaimers
We strive to provide high-quality services but cannot guarantee specific results due to various factors beyond our control, including weather conditions, pre-existing equipment issues, and customer compliance with maintenance recommendations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POOL CLEAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
11. Indemnification
You agree to indemnify, defend, and hold harmless Pool Clean and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of the Services, violation of these Terms, or violation of any rights of another.
12. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Pool Clean or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from this content without our express written permission.
13. Termination
We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
You may terminate your service agreement as specified in that agreement. Upon termination, your right to use the Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
16. Entire Agreement
These Terms, together with any service agreement or contract between you and Pool Clean, constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Pool Clean
1234 Waterside Drive
Miami, FL 33101
Phone: (800) 555-7890
Email: legal@personalras.com