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TERMS OF SERVICE

DIY Pools and Spas LLC - The Homeowner Builder Program

IMPORTANT NOTICE: THIS IS A LEGALLY BINDING CONTRACT

This Terms of Service ("Terms") constitutes a legally binding contract between you ("Client," "you," or "your") and DIY Pools and Spas LLC ("Company," "we," "us," or "our"). By checking the acceptance box during checkout or accessing The Homeowner Builder Program, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained herein. If you do not agree to these terms, do not purchase, access, or use the Program.

1. PROGRAM DESCRIPTION

The Homeowner Builder Program is a comprehensive service through which DIY Pools and Spas LLC provides:

  • Pool design services
  • Pool construction plans
  • Construction consulting
  • Access to wholesale pool equipment
  • Educational content including videos and resource guides
  • Access to group coaching calls
  • Access to all included program resources
  • Access to private Facebook group

2. ACCEPTANCE OF TERMS

By purchasing, accessing, or using the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

3. PROGRAM ACCESS AND CONTENT

3.1 Program Content

Upon successful payment, you will receive immediate access to Program content, including but not limited to videos, resource guides, intake forms, and design tools.

3.2 Use Restrictions

You are expressly prohibited from:

  • Sharing Program content with individuals outside your household
  • Copying, reproducing, distributing, or plagiarizing any Program materials
  • Using Program materials for any commercial purpose not explicitly authorized by DIY Pools and Spas LLC
  • Selling, renting, or otherwise transferring your access to the Program
  • Reverse engineering or attempting to extract the source code of any software within the Program

3.3 Intellectual Property

All content, materials, designs, and resources provided within the Program remain the exclusive property of DIY Pools and Spas LLC. Nothing in these Terms transfers any ownership rights to you.

3.4 Access Duration

You will have access to all Program resources until the completion of your pool construction project. Upon project completion, your access to certain Program materials may expire.

3.5 Non-Transferability

Clients cannot transfer rights under these Terms to another party unless explicitly authorized in writing by DIY Pools and Spas LLC.

4. PRIVACY AND COMMUNICATION

4.1 Data Privacy

DIY Pools and Spas LLC is committed to protecting your privacy. All customer data will remain private and will not be shared with third parties except as required to fulfill our obligations under these Terms or as required by law.

4.2 Data Retention and Deletion

You may request that your personal data be deleted upon fulfillment of services and project completion by submitting a written request to DIY Pools and Spas LLC.

4.3 Communication Consent

By accepting these Terms, you expressly consent to DIY Pools and Spas LLC contacting you through various communication channels, including:

  • Email
  • Text message
  • Phone calls
  • Video conferencing (including Zoom calls)

This consent remains valid for communications related to Program services, updates, and related offerings.

4.4 User Content and Media Rights

By submitting, posting, or sharing photos, videos, testimonials, or other content in our Facebook group or other platforms associated with DIY Pools and Spas LLC, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such content for promotional, educational, or business purposes. Additionally, DIY Pools and Spas LLC reserves the right to share any design work executed on behalf of clients for portfolio, marketing, and educational purposes.

5. GUARANTEES, REFUND POLICY, AND PAYMENT TERMS

5.1 "Love It or Leave It" 30-Day Money Back Guarantee

You are eligible for a conditional refund within the first 30 days of Program enrollment, subject to the following requirements:

  • The refund will be for the purchase price minus a 5% processing fee.
  • Refunds are only applicable if it is determined that DIY Pools and Spas LLC cannot design a pool in accordance with your budget or applicable building codes.
  • To qualify, you must have a minimum budget of $30,000 for your pool project.
  • Written documentation from your local building department and/or the construction consultant must be provided, proving that DIY Pools and Spas LLC is unable to design a pool that meets your budget or complies with local building codes.
  • Your right to request a refund is immediately voided upon submission of a design approval form, as this indicates acceptance of the design services provided.

5.2 "Permit Ready" Guarantee

DIY Pools and Spas LLC guarantees to provide any needed corrections to our construction plans as required by your Homeowners Association (HOA) or local building department at no additional cost. This guarantee:

  • Applies only to plans created directly by DIY Pools and Spas LLC
  • Does not cover plans or requirements from third-party engineers or other entities outside DIY Pools and Spas LLC

5.3 "Engineering Promise"

DIY Pools and Spas LLC promises to provide access to a locally licensed engineer for standard pool engineering in the following states only:

  • California (CA), Arizona (AZ), Utah (UT), Colorado (CO), New Mexico (NM), Oregon (OR), Washington (WA), Nevada (NV), Texas (TX), Mississippi (MS), Indiana (IN), Florida (FL), Alabama (AL), Georgia (GA), Tennessee (TN), North Carolina (NC), South Carolina (SC), Idaho (ID), Virginia (VA), and Louisiana (LA).

Clients in all other states must source their own engineering services independently of DIY Pools and Spas LLC.

5.4 "Subcontractor Promise"

DIY Pools and Spas LLC will provide a list of subcontractors for your project. By accepting these Terms, you acknowledge and agree that:

  • DIY Pools and Spas LLC is not liable for the licensing, insurance, work quality, or any actions of these subcontractors.
  • DIY Pools and Spas LLC is not affiliated with these subcontractors and does not receive any monetary compensation from them.
  • You are solely responsible for verifying credentials, insurance, and qualifications of any subcontractor you choose to hire.

5.5 "Wholesale Guarantee"

DIY Pools and Spas LLC provides clients access to select wholesale pool equipment and materials through our partnership with Heritage Pool Supply. You acknowledge that:

  • Wholesale pricing is set exclusively by Heritage Pool Supply.
  • DIY Pools and Spas LLC is not liable for the equipment or materials purchased.
  • All warranties, shipping arrangements, and product liability claims are handled directly through the manufacturer or Heritage Pool Supply.
  • DIY Pools and Spas LLC makes no guarantees regarding product availability, pricing, or delivery timelines.

5.6 "Save or Don't Pay Guarantee"

DIY Pools and Spas LLC guarantees that using our Program will result in savings of at least $10,000 compared to hiring a traditional pool company. The following conditions apply:

  • To be eligible for this guarantee, you must provide DIY Pools and Spas LLC with all bids received from subcontractors recommended through our Program.
  • You must also provide at least three (3) written bids from separate pool companies for the same pool design.
  • DIY Pools and Spas LLC will calculate the average cost from the pool company bids and compare it to the average cost from the subcontractor bids.
  • If the difference between these averages does not demonstrate at least $10,000 in savings, you will be eligible for a refund of your Program investment, minus a 5% processing fee.
  • All bids must be from the approved design provided by DIY Pools and Spas LLC.

5.7 No Additional Refunds

Except as expressly provided in Section 5.1 ("Love It or Leave It" 30-Day Money Back Guarantee) and Section 5.6 ("Save or Don't Pay Guarantee"), all purchases are final and non-refundable. No refunds will be provided for any reason outside of the specific conditions outlined in these sections.

5.8 No Chargebacks or Payment Disputes

By accepting these Terms, you expressly agree to waive your right to dispute charges or initiate chargebacks with your payment provider (credit card company, bank, PayPal, etc.) for services rendered by DIY Pools and Spas LLC. You agree to contact DIY Pools and Spas LLC directly to resolve any payment or service issues before involving your payment provider. Any chargeback or payment dispute initiated in violation of this provision will constitute a material breach of these Terms and may result in immediate termination of your access to the Program.

5.9 Service Duration

All services and consulting provided by DIY Pools and Spas LLC under this Program will terminate upon the completion of your pool project. The completion of your pool project is defined as the final installation and functionality of your pool. Any additional services or consulting required after project completion will require a separate agreement and may incur additional fees.

6. LIMITATION OF LIABILITY

6.1 General Limitation

To the maximum extent permitted by law, DIY Pools and Spas LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the Program
  • Any conduct or content of any third party related to the Program
  • Any content obtained from the Program
  • Unauthorized access, use, or alteration of your transmissions or content

6.2 Maximum Liability

In no event shall DIY Pools and Spas LLC's total liability to you for all claims related to the Program exceed the amount paid by you for the Program.

6.3 Indemnification

You agree to defend, indemnify, and hold harmless DIY Pools and Spas LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Program
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your actions caused damage to a third party

7. MODIFICATION AND TERMINATION

7.1 Modification of Terms

DIY Pools and Spas LLC reserves the right to modify or replace these Terms at any time. Material changes will be notified to you via the email address associated with your account.

7.2 Termination

DIY Pools and Spas LLC may terminate or suspend your access to the Program immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

7.3 Amendments

DIY Pools and Spas LLC reserves the right, at its sole discretion, to amend these Terms from time to time. Any amendments will be posted at https://www.diypoolsandspas.com/terms, with the "Last Updated" date revised accordingly. In the event of a material amendment to these Terms, DIY Pools and Spas LLC will:

  1. Provide notice to you via the email address associated with your account
  2. Clearly identify the nature of the amendments
  3. Provide you with the opportunity to review the amendments before they take effect
  4. Give you the option to either accept or reject the amendments

If you reject the amendments, you may continue to use the Program under the existing terms until the end of your current service period. However, any renewal or continued use of the Program after the effective date of the amendments will constitute your acceptance of such amendments. If the amendments significantly reduce your rights or substantially increase your obligations under these Terms, and you do not accept these amendments, DIY Pools and Spas LLC may, at its sole discretion, offer you the option to terminate your participation in the Program and receive a prorated refund for any unused portion of prepaid services.

8. ATTORNEYS' FEES AND LEGAL EXPENSES

If any proceeding or action shall be brought to recover any amount under these Terms, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of these Terms, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees and legal expenses incurred in connection with such action, the amount of which shall be fixed by the court and made a part of any award or judgment rendered. This provision shall survive the termination of these Terms.

9. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee. Any dispute arising from or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the venue for such arbitration being Nashville, Tennessee.

10. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

11. ENTIRE AGREEMENT

These Terms constitute the entire agreement between DIY Pools and Spas LLC and you concerning the Program and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DIY Pools and Spas LLC with respect to the Program.

12. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

DIY Pools and Spas LLC
Phone: 951-494-4023
Email: [email protected]

BY CHECKING THE "I AGREE" BOX DURING CHECKOUT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.