Terms of Service

TERMS OF SERVICE


Last Updated on March 01, 2020


These Terms of Service (“Terms”) govern your use of on-demand Pool Serviceand related content provided by PoolToday, Inc. (“we”, “us”, “our”, or “PoolToday”), including without limitation our website (https://pooltoday.co/), Applications (as defined below), or other digital products that link to or reference these Terms, (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you”) and PoolToday. In these Terms, “you” and “your” refer to you, a User of the Services. A “User” is anyone who accesses, browses, or in any way uses the Services, including you.


PLEASE BE AWARE THAT THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Please see Section 14, below, for specific terms.

 

These Terms refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us.


Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used.


By accessing or using the Services:

(a) You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms;

(b) If these Terms have materially changed since you last accessed or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;

(c) You represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; and

(d) You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.

 

  1. Accessing and Using the Services.

The Services include mobile applications and related services provided through such applications (each, an “Application”). The Application enables certain Users to arrange, schedule, and book one-time pool cleaning, regular pool maintenance services, and pool and equipment repairs, and/or purchase products directly from the Pool Technicians (the “Pool Service”) (such Users, each a “Pool Owner”) from pool technicians and other third party providers of such services engaged by PoolToday as independent third party contractors (“Technicians”); or enables Technicians the option to provide Pool Service to pool owners through tools for logistics, scheduling, payment and other related activities. For purposes of these Terms, “book” or “booking” means the pricing quote and acceptance of such quote and assigning or selection of a Technician to perform the cleaning services or related services as detailed in such quote; and “quote” means the system generated cost to clean your Pool based on the information provided by you, including any Service Fee, Booking Fee, and Taxes (as defined in the Pricing Addendum or as otherwise provided by PoolToday).


Subject to your compliance with and the restrictions set out in these Terms, we grant you (i) permission to access and use the Services; and (ii) a limited, non-exclusive, no-sublicensable, revocable, non-transferable license to (a) download and use the applicable Application on your personal electronic device solely in connection with your use of the Services; and (b) use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use (unless otherwise stated by PoolToday).


Your use of the Services is at your own risk. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility. Further, you are solely responsible for any data costs, bandwidth, or performance of your mobile device as it relates to accessing and using the Services.


  1. Pool Service Description.

Pool Service as generally defined above is provided to Pool Owners of a Residential Pool that is already regularly maintained. For purposes of these Terms, “Pool” means either a Residential swimming pool, hot tub, spa, or similar contained area for swimming on a residential property; and “Residential” means a single Pool attached to a single-family home or villa.


PoolToday does not currently provide Pool Service for commercial pools used by multiple tenants, a business, a community center, or similar public or private institution.


Pool Services are  generally able to be requested on a specific date during the hours of 7:00 AM and 7:00 PM (the “appointment”) in the time zone of the selected geographically location (“local time”), unless otherwise stated in the Pool Service description on the Application, in these Terms, or in the event that the Pool Technician needs to reschedule the Pool Service. The Application generally sets a 2-hour (two hour) Appointment Window from the desired date and time of arrival. The Appointment, and the Appointment Window are subject to change.


Included in On-Demand Pool Service

The following activities may be provided by a Technician as part of a Pool Service, subject to any additional Terms and Conditions set forth in the Service Description in the Application at the time of Booking, the conditions on the date of Pool Service, your Pool, the property, and/or the determination of the Technician:

  • -Removal of common debris, such as leaves, normal foliage, bugs / insects, etc.
  • -Brush and skim the Pool
  • -Test the water in your Pool
  • -Provide instruction to Pool Owner for such Pool Owner to level the water in the Pool
    • -PoolToday does not authorize Technicians to adjust water levels, because water leveling requires use of your household hose and may incur you cost (including impacting your water bill) and there may be water conservation restrictions in your community or jurisdiction. The -Technician is only obligated to notify you that your Pool needs the water level increased and the suggested amount in terms of height to increase it before your next Pool Service. You are solely responsible for conducting this part of a Pool Service.
  • -Clean the Skimmer Basket(s) in your Pool
    • -The Skimmer Basket(s) in your Pool must be accessible to the Technician and serviceable. In the event the basket is not accessible (such as the housing is broken, there is no basket, or the basket is beyond service), the Technician is not obligated to clean the basket.
  • -Check the water pressure of your Pool Pump and report low pressure (if applicable)

PLEASE NOTE: TECHNICIANS WILL NOT CORRECT GREEN, BROWN, OR OTHERWISE BRACKISH WATER DURING A ON-DEMAND POOL SERVICE AND MAY DENY SERVICE ENTIRELY.


Included in Weekly Pool Maintenance Subscription

The following activities may be provided by a Technician as part of a Pool Service, subject to the conditions on the date of Pool Service, your Pool, the property or the determination of the Technician:

  • -Removal of common debris, such as leaves, normal foliage, bugs / insects, etc.
  • -Brush and skim the Pool
  • -Test and balance the water in your Pool
    • You authorize PoolToday, Technicians, and any other PoolToday authorized service provider to add chemicals to your Pool in order to maintain the proper chemical level of your Pool.
  • -Provide instruction to Pool Owner for such Pool Owner to level the water in the Pool
    • PoolToday does not authorize Technicians to adjust water levels, because water leveling requires use of your household hose and may incur you cost (including impacting your water bill) and there may be water conservation restrictions in your community or jurisdiction. The Technician is only obligated to notify you that your Pool needs the water level increased and the suggested amount in terms of height to increase it before your next Pool Service. You are solely responsible for conducting this part of a Pool Service.
  • -Clean the Skimmer Basket(s) in your Pool
    • The Skimmer Basket(s) in your Pool must be accessible to the Technician and serviceable. In the event the basket is not accessible (such as the housing is broken, there is no basket, or the basket is beyond service), the Technician is not obligated to clean the basket.
  • -Check the water pressure of your Pool Pump and report low pressure
    • Note: You must have a water pressure gauge
  • -Cleaning of Pool Pump Filter
  • -Empty the pump
  • -Dismantling or maintenance of the Pool Pump

PLEASE NOTE: TECHNICIANS WILL NOT CORRECT GREEN, BROWN, OR OTHERWISE BRACKISH WATER DURING A WEEKLY POOL MAINTENANCE SUBSCRIPTION SERVICE AND MAY DENY SERVICE ENTIRELY.

 

We reserve the right to add or remove activities or offerings from our Services at any time. We and any Technician reserves the right to refuse service due to any of the following reasons:

  • -The condition of the Pool (such as broken glass, a car in the pool, an alligator or other animal in the pool, or other circumstances beyond normal or typical situations) or of the property grounds (such as loose pet or animals, etc.).
  • -Out of concern for the safety of the Technician due to weather events, acts of God, civil unrest, or other circumstances out of the parties’ control.
  • -Out of the service area currently covered by the PoolToday Services.
  • -The pool is covered.
  • -Your pool is beyond the capabilities of our service and was inaccurately described during the booking process.
  • -As otherwise determined at the sole discretion of PoolToday.

Pool Service Risks and Considerations

SWIM AT YOUR OWN RISK FOLLOWING A POOL SERVICE – WE RECOMMEND WAITING AT LEAST 2 HOURS AFTER A SERVICE BEFORE SWIMMING IN YOUR POOL.


  • -If your Pool was a clear or blue color at the time of cleaning, we recommend you do not use your Pool for up to 2 hours after a Pool Service.
  • -If your Pool was a greenish color at the time of cleaning, we recommend you do not use your Pool for up to 4 hours or longer after a Pool Service.

These recommendations are based on our experience and additional recommendations may be provided to you by a Technician. We are not, and will not be, liable or responsible for any damage or injury related to a Pool Service, these recommendations or any recommendation provided by a Technician. You understand and acknowledge that you are ultimately and solely responsible for your safety in connection with the use of your Pool following a cleaning or any other service provided as part of Pool Service.


Technicians will be solely responsible and liable for any damage to a Pool Owner’s Pool or property in connection with the Pool Services they provide. PoolToday will not be responsible or liable to any Pool Owner, Technician, or any other party in connection with the Services or any Pool Service or job.


Refunds & Cancellations

Please see the Cancellation Policy.


  1. Account Registration and Account Security.

Some or all of the Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. It is a condition of your use of the Services that the information you provide is correct, current, and complete.


Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not to disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information.


You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of Users, we have the right to disable or close any User account at any time and for any reason or for no reason.


  1. User Specific Terms.

 

  1. Pool Owners. Pool Owners are responsible for the following:
  • -Accurately describe your Pool, including its size, shape, and color;
  • -Maintain the appropriate water level in your Pool using your household hose;
  • -Provide a safe working environment for the Technician and unobstructed access to the Pool, including but not limited to putting animals away and –removing obstructions like toys, pool covers, and other items;
  • -Provide easy and safe access to the property where the Pool is located, including but not limited to unlocking any gates or fences, providing instructions necessary to access your property, notifying security of arrival to a gated or similar community (if applicable), etc.; and
  • -Timely reporting abuse, quality concerns, and violations of these Terms to PoolToday.

You acknowledge the you may only use the Services and Application for Pool Service. You acknowledge and agree not to use the Services to (i) hire a Technician for repairs of your Pool, (ii) purchase parts for your Pool from a Technician, or directly hire or engage a Technician that you are paired with or introduce to through our Application for Pool Service or other service that is provided by PoolToday through a Pool Service, specifically, or the Services, generally. You must promptly report any Technician that is paired or introduce to you through our Application who attempts to reach out to you about or provide on-going Pool Service or similar services outside of the Services provided by PoolToday. Additionally, you cannot tip a Technician as any service or related fees are include in the fees paid to Technicians.



  1. Prohibited Uses.

You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another User. Nonetheless, we encourage you to let us know if you believe another User has violated the Terms or otherwise engaged in prohibited or illegal conduct.


You agree not to, and will not assist, encourage, or enable others to use the Services:

  • -To recruit any Technician for use in an on-demand, peer to peer, or other similar type of Pool Service, service, or repair business model or application.
  • -For any commercial purpose, except as expressly permitted under these Terms.
  • -To violate any applicable national, regional, federal, state, local, or international law or regulation.
  • -To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
    • -Contains any material which is defamatory, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
    • -Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
    • -Violate or assists in the violation of legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms or our Privacy Policy; or Be likely to deceive or confuse any person.

Additionally, you agree not to, and will not assist, encourage, or enable others to:

  • -Violate these Terms or any other rules or policies posted by us on our website or within the Application;
  • -Reverse engineer any portion of the Services;
  • -Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by PoolToday;
  • -Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
  • -Record, process, harvest, collect, or mine information about Users, including Technicians.
  • -Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database;
  • -Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose;
  • -Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
  • -Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services;
  • -Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
  • -Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
  • -Otherwise attempt to interfere with the proper working of the Services.

The restrictions above only apply to the extent permissible under applicable law.


  1. IP Ownership.

We own the Services and all of our trademarks, logos, branding, and any other Content that we create in connection with the Services (“PoolToday Content”), including any intellectual property or other proprietary rights of any kind and nature throughout the world, registered or unregistered, associated with such PoolToday Content and the Services (collectively, “PoolToday IP”). Our Technicians, service providers, vendors, or similar third parties (“Third Parties”) may also provide intellectual property or content through the Services, and such Third Parties retain any ownership, rights, interest, or title in or to such intellectual property or content (“Third Party IP”). Except as expressly provided in these Terms, we do not grant you any express or implied rights to any PoolToday IP or Third Party IP, and all rights in and to the PoolToday IP are retained by us.


  1. Content available through the Services.

We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other User of the Services. You understand that when using the Services, you may be exposed to text, images, photos, audio, video, location data, and other forms of data or communication (“Content”) from a variety of sources, and that PoolToday is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, unless expressly stated. We expressly disclaim any and all liability in connection with such Content.


You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Services, such as information that you elect to publicly display or have displayed in your account profile, reviews of Technicians, etc., (collectively, “Your Content”), and you, not PoolToday, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by PoolToday. You represent and warrant that Your Content does not violate these Terms.


Our Right to Use Your ContentYou hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for the purposes listed in these Terms or in our Privacy Policy. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it.  Please note that you also irrevocably grant Users of the Services the right to access Your Content in connection with their use of the Services. Finally, you irrevocably waive, and cause to be waived, against PoolToday and its Users any claims and assertions of moral right or attribution with respect to Your Content. By “use,” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (i) to maintain Your Content in confidence; (ii) to pay you any compensation for Your Content; (iii) to credit or acknowledge you for Your Content; (iv) to respond to Your Content; or (v) to exercise any of the rights granted herein with respect to Your Content.


  1. Links to other Websites.

If there are other websites and resources linked to on the Services, these links are provided only for the convenience of our Users. We have no control over the content of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


  1. No Guarantee of Service.

Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Please keep this in mind, as PoolToday will not be liable to you for any reason or for any damages or costs if all or any part of the Services is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Services, or the entire Services, to Users.


  1. Disclaimer of Warranties.

POOLTODAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS POOLTODAY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY POOLTODAY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER POOLTODAY OR LAW ENFORCEMENT AUTHORITIES.


IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN ONE OF THE FOLLOWING RELEASES APPLIES. IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND YOU UNDERSTAND THAT SUCH SECTION PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU RESIDE IN NEW JERSEY, AS A CONDITION OF THIS AGREEMENT, YOU WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT SECTION 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.


  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POOLTODAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT POOLTODAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES.


  1. Indemnification.

You shall indemnify and hold harmless PoolToday, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services.


  1. Governing Law.

This Agreement shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Palm Beach County, Florida.


  1. Arbitration and Class Action Waiver.
  2. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM POOLTODAY. For any dispute with PoolToday, you agree to first contact us through the “contact us” options in the App or at info@pooltoday.co and attempt to resolve the dispute with us informally. In the unlikely event that PoolToday has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Palm Beach County, Florida, unless you and PoolToday agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will be deemed as preventing PoolToday from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
  1. Class Action/Jury Trial Waiver. 

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND POOLTODAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.


  1. General Terms.

These Terms constitute the sole and entire agreement between you and PoolToday with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by PoolToday will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of PoolToday to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with PoolToday’s prior written consent, but may be assigned or transferred by us without restriction. 

Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.


  1. Contact.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to https://pooltoday.co/help. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PoolToday and its Users any claims and assertions of any moral rights contained in such Feedback.


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Pricing Addendum

If you book any Pool Serviceor other services from us, the following additional terms apply to the booking of such services.


Fees and Related Costs

FEE

DEFINITION

AMOUNT

Service Fee

Fee for the service

Varies depending on geographical location

Booking Fee

Fee for using the Application

Varies depending on geographical location

Taxes

Any and all applicable municipal, state, and federal sales taxes

Various depending on geographical location

Surge Pricing

Increases to pricing due to factors such as holidays, demand, weather events, natural disasters, civil unrest, or other acts or circumstances beyond PoolToday’s control (“Surge Event”)

Varies

Cancellation Fee

Fee for cancelling Pool Service after such service has been booked

See Cancellation Policy.


Quote and Booking.
 The total price will be quoted to you through the Application before you confirm booking for any Pool Service. Once you book a Pool Service, such service cannot be cancelled once accepted by a Technician unless you pay a Cancellation Fee.


 Surge Pricing. We reserve the right to increase pricing due to a Surge Event with minimal to no notice to you before your Pool Service is quoted.


 Payment. Your credit card or payment method on file in the Application with PoolToday will authorized for the quoted total price upon booking. Your credit card or payment method will be charged upon the Technician marking the Pool Service as complete in the Application. You are not obligated to pay the Technician directly and should not pay a tip to the Technician at the time of the service. IN THE EVENT YOUR PAYMENT METHOD IS DECLINED POOLTODAY RESERVES THE RIGHT TO SEND YOU TO COLLECTIONS. POOLTODAY RESERVES THE RIGHT TO CHARGE THE MAXIMUM DAILY INTEREST ALLOWED BY LOCAL LAW FOR ANY PAST DUE BILLS. POOLTODAY RESERVES THE RIGHT TO DENY SERVICE UNTL PAST DUE BILLS ARE PAID.

 

Accurate Information. You represent and warrant that all information you provide in connection with booking Pool Service or any other services is complete, true and accurate. PoolToday is not responsible for fulfilling any services for which you provided information that is deceptive or incomplete, as determined by PoolToday.


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ADDITIONAL LOCAL TERMS AND CONDITIONS

The following are additional Terms and Conditions related to the Pool Services in the specified area of operation below.

AREA OF OPERATION

ADDITIONAL TERMS AND CONDITIONS

PALM BEACH COUNTY, FL

Additional products, services and repairs may be available locally and are subject to the Terms and Conditions in the Application.

CHARLESTON, SC

Additional products, services and repairs may be available locally and are subject to the Terms and Conditions in the Application.

DALLAS, TX

Additional products, services and repairs may be available locally and are subject to the Terms and Conditions in the Application.

SAN ANTONIO, TX

Additional products, services and repairs may be available locally and are subject to the Terms and Conditions in the Application.

PHOENIX, AZ

Additional products, services and repairs may be available locally and are subject to the Terms and Conditions in the Application.
🎄 We are no longer accepting bookings for 12/24/19. We are closed on Christmas Day. You will be notified if we reschedule your service. Services will resume the 26th. Happy Holidays! 🎄
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