TERMS OF SERVICE
By subscribing as a Member to our Chemical Delivery and Maintenance Plan (“Member”, “Subscriber”, “You”, “Your” or “User”) and purchasing goods or services you agree to enter a legally binding Contract with Poolhop, Inc., a California corporation (“Poolhop”, “us”, “we”, or “our”). If you do not agree to the terms of this Contract do not purchase or use our Products or Services. If you wish to terminate this Contract you may do so at any time by cancelling your subscription and no longer accessing or using this website.
YOUR PURCHASE OF OUR GOODS OR SERVICES THROUGH THIS WEBSITE ACKNOWLEDGES THAT YOU HAVE READ THIS CONTRACT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
PRODUCTS AND SERVICES. Poolhop in its exclusive discretion will recommend based on its experience and best estimates the necessary chemicals and suggested maintenance to maintain your pool water quality. You understand that the recommendations and advice by our Pool Technicians and shipped products are based on information You provide for pool size, pump and filtration system, usage, water source, location, and other requested information. Frequency of shipments vary depending on pool size and other conditions. The description, features, and technical specifications of Products on our website are general in nature and only intended for your general reference. We reserve the right to substitute, modify or remove any Product or item shown on our website or shipped in your subscription and may do so at any time without notice or obligation to modify in any way Products you ordered prior to our changes in descriptions or features. You may purchase additional Products or quantities of Products beyond what is included in your Subscription. Any such purchases will be paid in advance and all other terms of this contract regarding purchase, payment and delivery shall apply to all additional purchases. Our pool technicians are available by phone to help You troubleshoot issues and develop a maintenance plan for your pool.
PRICES. Unless otherwise specified all prices include shipping to you and any applicable sales and use taxes. The applicable prices are those shown on our website at the time you complete the online order, or when your subscribed shipment is processed. Prices are subject to change without notice.
PAYMENT. By subscribing you authorize Poolhop to automatically charge your credit card on a monthly, semi-annual, or annual basis based on the subscription plan You select. All online payments are processed through our third-party payment processors, Stripe and PayPal. Any additional purchases will be charged in advance of shipment.
SHIPMENT. The frequency of shipments will vary based on the size and type of your pool, information you provide and factors that may affect water quality in your particular area. We provide an estimated Expected Shipping Date. We will notify you of expected delays when possible. You also acknowledge that delivery is by third-party carriers and delivery delays are beyond our control. We reserve the right to make partial shipments of items in your order and may ship from any location we select, including drop shipment.
You agree that we shall not be liable for any loss, damage, detention, delay or failure to deliver resulting from causes beyond our reasonable control including, but not limited to, fire, explosion, flood, strike or other differences with workmen, accidents to our facility, acts of sabotage, shortage of facility, material or labor, delay in transportation, delay of supply of product to us, breakdown or accident, riot, insurrection, civil or military authority, governmental controls, restrictions, sanctions, or regulations, whether legal or de facto, including but not limited to failure to obtain export or import licenses, a force majeure event effecting any of our suppliers or any other cause beyond our control. All delivery and performance periods shall be adjusted and extended as necessary due to any such occurrence.
You must immediately inspect every delivery and report any damaged Product or packaging to the freight company prior to accepting the shipment. You must immediately notify Poolhop of any damaged Product. There is no refund on damaged Product, however, Poolhop in its sole discretion and based on satisfactory proof of damage during shipping, may send replacement chemicals or parts. You agree that returns and exchanges require our prior written consent and you shall provide written notice of any damage within 5 business days of receipt. Your use of the Product constitutes your acceptance of the Product as suitable for use and waiver of any claim regarding the Product including refund or replacement. There are no refunds for shipped Product.
CANCELLATION. You may cancel your subscription at any time by contacting Poolhop at info(at)poolhop(dot)com or calling 1-800-584-0706 between 8AM – 5PM PT, Monday – Friday. Poolhop, Inc. reserves the right to cancel any or all subscriptions at any time for any reason. You understand and agree that due to the nature of the Subscription and Products, there is no pro-rated, partial, or other refund for cancellations made less than 5 business days prior to your next scheduled billing date based on your selected plan.
Your obligations. You make the following promises to us in this Contract:
You have the full right and authority to enter into this Contract, that you have accurately identified yourself and have not provided any inaccurate information, and you are an entity or sole proprietorship authorized to do business under applicable law or an individual 18 years or older. Creating an account or ordering Products with false information is a violation of our terms, including doing so on behalf of persons under the age of 18, and will result in immediate termination of this contract.
You agree to honor your payment obligations and you understand that third-party payment processors may store your payment information. You understand that there may be fees and taxes added to our prices based on the billing information that you provide at the time of purchase. You understand that your total payments for purchases may vary from that indicated on our website due to taxes or fees based on your location.
You agree to provide accurate information regarding your pool size, pump and filtration system, usage, water source and quality, your routine maintenance schedule, and other information requested conditions upon which we base Product recommendations. You agree to provide water samples as requested for testing.
You agree to properly maintain your pool pump, filter system, and related equipment in accordance with manufacturer’s recommendations and to ensure it functions properly. You further agree to undertake routine maintenance as specified in our Maintenance Plan, provided based on your pool’s specifications. You understand that failure to maintain the pool pump, filter system and related equipment or follow the Maintenance Plan, will affect the effectiveness of the Products, calculations used in determining needed Products and the quality of your pool water.
You acknowledge that despite our best efforts, that recommendation for Products based on the information and any water samples you provide, external conditions beyond our control, including but not limited to weather (rain, temperature, hours of daylight, etc.), surrounding landscape (dust, leaves, etc.) bather load, and whether your pool is used year-round or seasonally, can all impact the effectiveness of the Products and your pool water quality.
Warranty Disclaimers. This is our disclaimer of legal liability for the quality, safety, or reliability of our Products:
Products are recommended and shipped based on the specific information you provide regarding your pool, pump, filtration system, water source, your maintenance practices and other information furnished or provided by you and clearly communicated to us. You acknowledge and agree that Poolhop does not warrant or guaranty the Products and is a reseller of Products. You agree to make any claims regarding Products directly to the Product manufacturer. You must provide written notice of any defects or nonconformity to us no later than five (5) business days after delivery.
Limitation of liability. These are the limits of legal liability we may have to you.
You acknowledge we are only responsible for the sale and arranging delivery of Products and Services. We do not manufacture Products and bear no liability for bodily injury or other damages caused by the failure of the Products to perform or mishandling or improper use or storage of Products by you or others. You acknowledge that pool chemicals can cause serious injury and even death if improperly stored or used, and that Poolhop has no liability whatsoever to you, or any third parties, resulting from any injury, damage or claims related to your receipt, use, or storage of any chemicals or Products delivered.
TO THE EXTENT PERMITTED UNDER LAW POOLHOP, INC. SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF OPPORTUNITIES, REPUTATION, GOOD WILL, PROFITS OR REVENUES, RELATED TO YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES.
IN NO EVENT SHALL THE LIABILITY OF POOLHOP, INC. AND ITS AFFILIATES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS GREATER THAN THE PURCHASE PRICE YOU PAID FOR THE APPLICABLE PRODUCTS. THIS LIMITATION OF LIABILITY IS A MATERIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POOLHOP, INC. AND SHALL APPLY TO ALL CLAIMS OF LIABILITY INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILTY EVEN IF POOLHOP, INC. OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, SUCH DAMAGES ARE FORESEEABLE AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. If applicable law limits the application of this exclusion of liability, you agree that our liability is limited to the maximum extent permissible. For the avoidance of doubt, our liability limits and other rights set forth in this Contract apply likewise to our affiliates, licensors, suppliers, agents, directors, officers, employees, and other representatives.
Indemnification and Release. You shall release, defend, indemnify, and hold harmless Poolhop, Inc. and its officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns against any claims, demands, actions, causes of action, costs, liabilities, losses, harm and damages of any kind (including attorneys’ fees), regardless of the theory of liability, incurred by or threatened against Poolhop, Inc. in connection with any use or storage by you or others of the Products or services supplied, the incorporation of the Products into any other product, the extension of any warranties beyond those provided herein, or any other acts or omissions by you related to the sale or distribution of the Products or services provided by us. Indemnified Claims include, without limitation, claims arising out of or related to negligence by Poolhop, Inc. and its officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns. Your obligations to indemnify include retention and payment of attorneys and payment of court costs, as well as settlement at your expense and payment of any judgments. You acknowledge and agree that we have the right to reject any settlement or compromise that requires we admit wrongdoing or liability or subjects us to any ongoing affirmative obligations.
Arbitration. Except where prohibited by law, any controversy or claim arising out of or relating to this contract or breach thereof, or use of our Website or purchase our Products and Services, shall be settled individually, without resort to any form of class action, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered and confirmed by the courts of Shasta County, California, or the United States District Court for the Eastern District of California, Sacramento Division. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of courts of Shasta County, California, or the United States District Court for the Eastern District of California, Sacramento Division.
Additional terms. We may send notices pursuant to this Contract to the email contact you provide when subscribing which are deemed received 24 hours after they are sent. You may send notices pursuant to this Contract info(at)poolhop(dot)com and such notices will be deemed received 72 hours after they are sent.
No delay, failure, or default will constitute a breach of this Contract to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or acts of civil disorder, government embargoes or seizures, or other causes beyond the performing party’s reasonable control.
You may not assign this Contract or your subscription without our prior express written consent.
To the extent permitted by applicable law, the parties waive any provision of law that would render any clause of this Contract invalid or otherwise unenforceable in any respect. If a provision of this Contract is held invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Contract will continue in full force and effect.
We will not be deemed to have waived any of our rights under this Contract by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Contract will constitute a waiver of any other breach of this Contract.
You acknowledge and agree that this Contract and all claims arising out of or related to this it will be governed solely by the internal laws of the State of California, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Shasta County, California. This provision governs all claims arising out of or related to this Contract, including without limitation tort claims.
You shall not, nor permit any third party, to export any Product purchased from us or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations.
These Terms of Service set forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.