BY ACCEPTING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT:
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Diy Pools and Spas Inc and the individual completing payment for service by Diy Pools and Spas Inc.
(collectively the “Parties”).
WHEREAS, Diy Pools and Spas Inc. is engaged in the business of providing pool design, and pool construction plans.
WHEREAS, YOU desire to engage Diy Pools and Spas Inc. to provide pool design and plans to YOU in the form of Audio and/or Visual Presentations, Documents, and Fulfillment of all included items paid for in your package.
SECTION 1: Service and Program Fees
1.1. Services: Under the terms of this Agreement, Diy Pools and Spas agrees to provide design, and construction plans to YOU in the form of visual documents such as designs and plans in exchange for a Service Fee. Service Fees will be determined according to paragraph 1.2. below. Your access to services is made conditional on payment of such Service Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the term of this Agreement, you will become a client of Diy Pools and Spas Inc.
1.2. Service Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Diy Pools and Spas Inc. the “Agreed upon” up-front payment for the commencement of services
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits offered by Diy Pools and Spas Inc., YOU affirmatively agree and acknowledge that Diy Pools and Spas Inc may showcase any shared content or testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such service(s), including any specific results experienced by YOU over the course of such participation.
1.4. Refund Policy, and Guarantees:
Fulfillment Guarantee:
We guarantee to fulfill the completion of your pool design and pool construction plans. Including: 2D design, 3D renderings, Construction Plans, and Standard Engineering Plans. (Localy Licensed and stamped engineering is only available through partners of DIY Pools in the following states: CA, AZ, UT, CO, NM, OR, WA, NV, TX, MA, FL, AL, GA, TN, NC, SC) All engineering outside these locations will need to be sourced independently and will be the responsibility of the homeowner or general contractor to obtain.
Permit Ready Guarantee:
We will make any necessary corrections to your pool construction plans requested by either your HOA or Building Department. However, if any specialty plans are required that are outside of the scope of our service (Pool design and pool construction plans), you the homeowner will be responsible for obtaining them.
Refund Policy: We do not offer any refunds for any reason.
Conclusively, by accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by DiyPools and Spas, or claim a dispute/file a chargeback.
SECTION 2: Confidentiality
2.1. Confidentiality: Only authorized users, who have duly obtained access to any services offered by Diy Pools and Spas Inc. by personally agreeing to the terms of this Agreement are permitted to use and participate with such services.
2.2 Intellectual Property: YOU acknowledge and agree that, as between YOU and Diy Pools and Spas Inc, Diy Pools and Spas Inc and its third-party licensors own and shall continue to own all rights, title, and interest in and to the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Any and all trademarks or service marks that Diy Pools and Spas Inc uses in connection with the services rendered by Diy Pools and Spas Inc are marks owned by Diy Pools and Spas Inc. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 3: Miscellaneous
3.1. Nontransferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
3.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold Diy Pools and Spas Inc, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of hired subcontractors and the Program(s) and services of this Agreement.
3.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Diy Pools and Spas Inc concerning the program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Diy Pools and Spas Inc relating to the Program, whether oral or written.
3.4. Amendment: Diy Pools and Spas Inc reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at https://www.diypoolsandspas.com
3.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States and the state of California. The venue for any dispute shall be in the state of California.
3.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BY CHECKING IN AGREEMENT TO THESE TERMS AND CONDITIONS AND COMPLETING CHECKOUT YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO-REFUND POLICY, AND CONFIDENTIALITY.