Terms of Service

1. Acceptance of Terms

Welcome to Artesian Pool Construction, Inc. By accessing or using our website at artesianpoolconstruction.org and our services, you agree to be bound by these Terms of Service ("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 Artesian Pool Construction, Inc., a Florida corporation ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of our website or services following any changes constitutes acceptance of those changes.

2. Description of Service

Artesian Pool Construction, Inc. provides pool construction, renovation, and maintenance services to residential and commercial customers in Florida. Our website provides information about our services, allows users to request quotes, and facilitates communication with our team. The specific services we offer include:

• Custom pool design and construction
• Pool renovation and remodeling
• Pool resurfacing and tile work
• Equipment installation and repair
• Pool maintenance services
• Consultation and project planning

Detailed terms and conditions specific to construction projects will be provided in separate service agreements.

3. Eligibility

To use our website and services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Provide accurate and complete information when requested
• Not be prohibited from using our services under applicable law

If you are using our services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. User Responsibilities

As a user of our website and services, you agree to:

• Provide accurate, current, and complete information when submitting forms or requests
• Maintain the confidentiality of any account credentials or access information provided to you
• Notify us promptly of any unauthorized use of your account or any security breach
• Use our website and services only for lawful purposes
• Comply with all applicable local, state, and federal laws and regulations
• Respond promptly to our communications regarding your requests or projects

5. Prohibited Uses

You agree not to use our website or services:

• For any unlawful purpose or in violation of any laws or regulations
• To submit false, misleading, or fraudulent information
• To impersonate any person or entity or misrepresent your affiliation
• To interfere with or disrupt the operation of our website or servers
• To attempt to gain unauthorized access to any portion of our website or systems
• To transmit viruses, malware, or any other harmful code
• To collect information about other users without their consent
• To engage in any activity that could damage, disable, or impair our website or services
• To use automated systems or software to extract data from our website without permission

6. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Artesian Pool Construction, Inc. or our content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may:

• View and print pages from our website for personal, non-commercial use
• Share links to our website through social media or other channels

You may not:

• Reproduce, distribute, or create derivative works from our content without written permission
• Use our trademarks, logos, or branding without prior written consent
• Remove any copyright or proprietary notices from our materials
• Use our content for commercial purposes without authorization

7. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our website will be uninterrupted, error-free, or free of viruses or harmful components
• The information on our website is accurate, complete, or current
• Any defects will be corrected

We make no representations about the suitability, reliability, or availability of our website or services for any particular purpose. You use our website and services at your own risk.

Service-specific warranties for construction projects, if any, will be provided in separate written agreements.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ARTESIAN POOL CONSTRUCTION, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES.

Our total liability for any claim arising from your use of our website or services shall not exceed the amount you paid us, if any, for access to our website or services. This limitation applies to all claims, whether based on contract, tort, strict liability, or any other legal theory.

Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Third-Party Services and Links

Our website may contain links to third-party websites or services that are not owned or controlled by Artesian Pool Construction, Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit. We are not responsible for any damage or loss caused by your use of third-party services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Artesian Pool Construction, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

11. Termination

We may terminate or suspend your access to our website and services at any time, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use our website and services will immediately cease.

You may stop using our website and services at any time. The following provisions shall survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Lee County, Florida, and you consent to personal jurisdiction and venue in those courts.

13. Dispute Resolution

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Fort Myers, Florida. The decision of the arbitrator shall be final and binding, and judgment may be entered in any court having jurisdiction.

This arbitration provision does not apply to claims for injunctive or equitable relief or claims involving intellectual property rights.

14. Severability

If any provision of these Terms is held to be invalid or un enforceable, the remaining provisions will continue in full force and effect. An invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Artesian Pool Construction, Inc. regarding your use of our website and services and supersede all prior agreements and understandings.

16. No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Artesian Pool Construction, Inc. to be effective.

17. Contact Information

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