Last Updated: June 15, 2023
Welcome to Crystal Clear Pools. These Terms of Service ("Terms") govern your access to and use of the Crystal Clear Pools website at smagaseren.com ("Website") and the services offered by Crystal Clear Pools ("Services").
By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Website or Services.
These Terms constitute a legally binding agreement between you and Crystal Clear Pools. You acknowledge that you have read, understood, and agree to be bound by these Terms.
We may modify these Terms at any time. Any changes will be effective immediately upon posting on our Website. Your continued use of our Website or Services after any such changes constitutes your acceptance of the revised Terms.
You must be at least 18 years old to use our Website and Services. By using our Website and Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
Some features of our Website or Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.
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 use of your account or any other breach of security.
You agree not to:
Any content you submit to our Website, including reviews, comments, or messages, must comply with the following guidelines:
Any service quotes provided through our Website are estimates only and are subject to change based on actual conditions, special requirements, or other factors. Final pricing will be confirmed before service is scheduled.
Payment for services is due according to the terms specified in your service agreement or invoice. We accept various payment methods as indicated on our Website or service agreement.
If you need to cancel or reschedule a service appointment, please provide at least 24 hours' notice. Cancellations or rescheduling with less notice may incur a fee as specified in your service agreement.
All content, features, and functionality of our Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Crystal Clear Pools, our licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website and Services for your personal, non-commercial use. This license does not include the right to:
Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL CRYSTAL CLEAR POOLS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, SERVICES, OR ANY CONTENT ON OUR WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Crystal Clear Pools, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Website or Services.
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal action or proceeding arising out of or related to these Terms or our Website or Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms, our Privacy Policy, and any service agreements or other terms and conditions incorporated by reference constitute the sole and entire agreement between you and Crystal Clear Pools regarding our Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website and Services.
If you have any questions about these Terms, please contact us at:
Crystal Clear Pools