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1-877-A1POOLS (1-877-217-6657)

Service Terms of A1 Pools

Service & Repair Terms
Effective Date: February 9, 2016

Thank you for using our Maintenance and Repair Service (the "Service"), which is provided by West Bend Fence / A-1 Pools, Inc. ("A-1 POOLS", "Us" or "We"). These Maintenance & Repair Service Terms (these "Terms") are provided by A-1 POOLS and are applicable to all Service provided by A-1 POOLS order by phone and/or at or through our websites, our mobile/tablet sites, our social media presence, our applications, and our stores/locations. We provide these Terms subject to the following conditions.

PLEASE READ THESE TERMS CAREFULLY BEFORE CONFIRMING YOUR SERVICE APPOINTMENT. YOUR ACCEPTANCE OF SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT ORDER AND/OR ACCEPT ANY SERVICE.

  1. Revisions to these Terms. A-1 POOLS may revise these Terms at any time and from time to time by updating this posting, and such revisions shall be effective immediately upon being posted to a1poolfun.com (the “Site”), however, any changes will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. It is your responsibility to visit this page when using the Service to review the current Terms, as they are binding on you. Your continued use of the Service after any modifications indicates your acceptance of the Terms, as modified. The "Effective as of" date sets forth the date these Terms were last updated. 
  2. Scheduling Procedure. The following is our normal procedure/process for scheduling Service. The process may sometimes vary in minor ways, but the following procedure most commonly be expected.
    1. When ordering Service, our staff may inform you of our current estimated lead time for Service. It is our goal to schedule your Service in that time or less, but it is important to note that this time frame is a best estimate. It is important that you let Us know of any special scheduling needs you may have. It may not always be possible to accommodate your request, but We will do our best to do so.
      1. You will also be asked to provide credit card information for billing and for an email address which can be used to send you your invoice.
    2. Once your Service order has been placed, it is queued for our service manager to review and schedule a tentative date for Service, usually within 1-3 days. Once tentatively scheduled, We will contact you to let you know your tentative Service date.
      1. If your tentative Service date will not work, you must let Us know as soon as possible so we can determine an alternate tentative date for Service. Remember, cancelation or rescheduling of service is required to take place at least 2 days prior to the tentative service date.
      2. Your tentative Service date is not guaranteed and is subject to change without notice. If you do not receive a confirmation 1-3 days before your tentative date, you may wish to contact Us to inquire as to if the tentative Service date has changed.
      3. Tentative dates are prioritized based on multiple factors including route efficiency, technician availability, and need for Service. Need for Service is determined based on the potential for damage to other equipment resulting from a failed component (i.e. an outdoor spa not heating in winter would get top priority to prevent freeze damage).
        1. We do consider urgent requests, (i.e. a pool heater not working just before a graduation party). While we will try to accommodate this type of request, it is not always possible. You should help ensure equipment will perform as expected by ordering preventative maintenance Service and by running equipment well in advance of anticipated needs to ensure proper operation.
    3. You will receive a Confirmation call 1-3 days prior to your finalized Service date. We will call your primary contact number and if you do not answer, we will leave a message. It is assumed you are commonly available at your primary contact number and that you regularly monitor your messages, and as such, it is assumed you will receive the message promptly. Once we reach you, OR leave a message at your primary contact phone number, your Service will be deemed confirmed.
      1. It is possible that a confirmed appointment becomes rescheduled due to an unforeseen issue (i.e. employee is sick, truck breaks, unplanned weather, etc.) Should this occur, We will call all of your contact numbers and leave messages wherever possible as soon as we become aware of a change. We understand that should this occur it can be a major inconvenience and we strive to minimize that as much as possible.
    4. If a follow up Service appointment is needed to complete the work, possibly after special order parts arrive, this process will start over with a tentative date being scheduled.
    5. There are several factors which can cause delays beyond our control such as extended Service visits, weather conditions, availability of the technician trained to complete the required Service, unexpected on site delays and employee sick days all impact the schedule.
      1. Since we strive to honor all commitments, this is why your Service date remains tentative until 1-3 days prior to confirmation. Even after confirmation of Service, unexpected delays may occur, but more rarely.
      2. A-1 POOLS is not responsible for damages you may incur due to delays beyond our control. We do not guarantee service in a specific amount of time.
  1. Access to Equipment. The customer is responsible for providing adequate access to complete the Service. If the Service cannot be completed due to lack of access, a trip charge will be charged for this visit. If the Service can be done but takes longer due to access limitations, A-1 POOLS hourly charge will be added to the order for all additional time due to access limitations. If additional Service needs to completed as a result of inadequate access to prevent damage and/or loss to equipment (such as being unable to reset power to an outdoor spa in freezing conditions due to lack of access to the GFCI breaker), the Service will be completed at an additional cost (such as winterizing the spa and returning later to complete the repair).

    We will need access to the equipment being serviced or repaired, electrical shut off to the equipment, an electrical receptacle and sometimes a water hose connection. It is best if access to the GFCI (Ground Fault Circuit Interrupt) is also provided so that in the event the GFCI trips it can be reset. This is especially important as related to spa equipment in the winter since the spa may freeze if We cannot reset the GFCI.

    We want to complete the Service as scheduled and avoid the need to charge additional fees and reschedule Service. To help us accomplish this, please consider the following access issues.
    1. Pets. For the safety of A-1 POOLS staff and your pets, please have all pets secured prior to your scheduled Service appointment. We are not responsible for pets that may become loose or injured. We will not provide Service if a pet is unsecured on the property. The customer is legally responsible for damage or injury to A-1 POOLS staff and/or property.
    1. Gates/Doors. We must have access to the work site. Please ensure all necessary gates and/or doors are unlocked in order to provide sufficient access. The customer, or a designated responsible adult, must be on site while Service is done inside of the home.
    2. Snow & Ice. The customer must remove snow and ice in order to provide adequate access to provide Service. For example, if Service is being provided on a spa, the area around the spa must be free of snow and ice, especially the 4’ area in front of any panels expected to be open. Sometimes access panels can become iced over and will need to be de-iced.

      If We are required to remove snow and/or ice to gain access to the spa, this time will be billed additionally at our hourly rate. If it is estimated that it will take more time than is available on the schedule that day, We reserves the right to charge a trip charge for inadequate access and reschedule. If you cannot remove the snow & ice and need Us to do this, please let Us know in advance so sufficient time can be allowed.
    1. Built in and/or Limited Access Equipment. If the equipment requiring Service is built into a deck, crawl space or other limited access situation additional time and/or return visits may be necessary to complete the required Service. Please discuss such access limitations with Us prior to scheduling the Service so that adequate time and resources can be allowed. Additional time will added on an hourly basis.

      These Terms are not intended to illustrate all possible access limitation concerns. If you have any concerns related to access, please contact Us in advance of your scheduled Service appointment.
  1. Existing Building & Safety Code Violations. It is assumed all work completed prior to ordering Service from A-1 POOLS was done with the required permits and meets all of the relevant building and safety code requirements, unless otherwise disclosed by the customer.

    A-1 POOLS will not complete Service when our staff observes existing code violations or other serious safety concerns, with only these exceptions:
    1. A-1 POOLS will complete a Diagnostic Service if our staff determines it can be done safely (i.e. if a Spa is NOT GFCI protected, we may not be able to complete a full Diagnostic due to safety risks) but We will NOT complete needed repairs until and unless the customer corrects noted code violations.
    2. A-1 POOLS will winterize a spa in order to prevent freeze damage until code corrections can eventually be made.
    3. A-1 POOLS will provide inspection Service but will not make any noted repairs until and unless the customer corrects noted code violations. Parts of the inspection Service may not be completed or be limited due to safety concerns.
    4. A-1 POOLS, if qualified and licensed to do so, can make repairs to correct violations if agreed to by the customer.
    5. A-1 POOLS will disable affected components in order to eliminate the code violation or safety concern.

IF SERVICE IS NOT COMPLETED DUE TO CODE VIOLATIONS AND/OR SAFETY CONCERNS, A TRIP CHARGE WILL BE CHARGED EVEN IF NO SERVICE HAS BEEN PROVIDED. It is the customer’s responsibility to comply with municipal permitting laws, building codes and safety codes, and the customer is responsible for disclosing to A-1 POOLS the existence of violations and safety concerns prior to ordering Service.
In some cases, limited work as described above may be completed, in which case charges appropriate for the Service completed will be billed.
A-1 POOLS is dedicated to the safety of their customers and employees which necessitates this policy exist and be enforced. Whenever possible, We want to complete the Service for which we were hired, but safety of our customer’s and staff comes first.

  1. Cancelation of Service. We work hard to accommodate all of our customer’s Service needs and maintaining an accurate and up to date Service schedule is of paramount importance. As such, it is required that cancellation of Service must be made not less than 2 days prior to the confirmed, or if not yet confirmed, the tentative, Service date (i.e. Service tentatively scheduled for Friday would need to be canceled on or before the close of business on the preceding Wednesday). To cancel Service, you must call our service department and either speak to a staff member or leave a message during normal business hours. Failure to cancel service as described and with required notice will result in a late cancelation fee of $25.00.
  2. Payment Terms. Unless an open account with alternate billing terms is in place, Standard Payment Terms shall apply by default.
    1. Standard Payment Terms. Your valid credit card information is required to be placed on file prior to scheduling service. Your credit card will be charged for your balance(s) due and a paid invoice will be emailed to you for your records upon completion.
    2. COD (Cash on Delivery) Payment Option. We understand that you may be unable or unwilling to place a credit card on file, so you may pay by check with the service technician while he is on site, however a COD Service Charge or $7.50 will be added to your order to help cover additional time needed for the technician to contact the office while still on site for a review of the invoice and a final total amount.
    3. All Maintenance Contracts are Pre-paid. Maintenance Service agreements are prepaid and billed to your credit card at the beginning of each month, or if pre-paid in full are billed to your credit card or paid by cash or check at the beginning of the Service agreement.
    4. Residential Net 10 Day Payment Terms to Approved Credit. Net 10 day terms are only available to residential accounts with a completed and approved credit application. If you are interested in opening an account, please request a credit application from Us prior to scheduling any service you wish billed under these terms.
    5. Commercial Net 30 Day Payment Terms to Approved Credit. Net 30 day terms are only available to commercial accounts with a completed and approved credit application. If you are interested in opening an account, please request a credit application from Us prior to scheduling any service you wish billed under these terms.
    6. Late & Past Due Payment. Late payments are subject 18% interest from the due date. All costs associated to collecting past due balances will be added to the amount due. A credit card charge back on a legitimate balance due shall be treated as an unpaid past due balance and will result in collections that may result in additional costs to you.
  3. Invoice Questions and/or Charge Disputes. We strive to make invoices accurate and easy to understand. Our service manager reviews each invoice for accuracy before it is processed. However, We realize that questions may arise and errors and/or disagreements can occur. If you have any questions or disputes related to your invoice amount and/or the amount charged to your credit card, please contact Us. Our service manager will review your concerns and will address them appropriately and promptly.

    In the event you disagree with an amount charged to your credit card, please contact Us before contesting the charge with your credit card company. It is easier to solve concerns prior to a credit card charge back. In the unlikely event that We cannot satisfy your concerns, you can call your credit card company as a last resort. However, you should be aware that A-1 POOLS will treat a credit card charge back on a legitimate balance due as an unpaid past due balance and will proceed with collections that may result in additional costs to you.
  4. Credit & Debit Cards. Our corporate name is West Bend Fence / A-1 Pools, Inc. It is possible that a charge may appear as all or part of our corporate name (i.e. West Bend Fence, A-1 Pools, or West Bend Fence / A-1 Pools, Inc.).

    We require a credit card for billing service balances due. We recommends NOT using a DEBIT CARD and to instead use a credit card. If you choose to provide a DEBIT CARD, please understand that We will NOT provide the balance due prior to charging the DEBIT CARD and that A-1 POOLS IS NOT RESPONSIBLE for any costs you may incur from your bank including insufficient funds and/or NSF checks. It is your responsibility to ensure there are adequate funds in excess of the estimated / anticipated amount of the service visit.

    If your credit card number, expiration date, CCV code, billing address, or any other data related to your credit card changes, it is your responsibility to notify Us prior to service being completed.

    A-1 POOLS is PCI Compliant and follows the Payment Card Industry Data Security Standards for Merchant Level 4. However, A-1 POOLS is not responsible for stolen credit card information. It is your responsibility to monitor your credit card activity and to promptly notify your credit card company of any suspicious transactions.
  5. Additional Service Required. If additional Service is needed beyond that which was initially ordered and/or anticipated, all Service may not be able to be completed due to other scheduling commitments. If this occurs, additional time will be scheduled to complete the Service and an additional trip charge(s) may apply.
  6. Scope of Work. Service(s) performed is/are strictly limited in scope to that which is itemized and/or noted on the final invoice as are any representations made by Us. If you feel We failed to accurately itemize and/or note all Service(s) completed and/or representations made, it is your responsibility to contact Us and request that the invoice be corrected.
  1. Inspections. A-1 POOLS performs limited inspections as part of Diagnostic Services as well as standalone Inspection Services. Additionally, We may be asked to “take a look” at something while on a Service visit to render an opinion. The following policy applies to all Inspections done by A-1 POOLS.
    1. Inspections are strictly limited in scope to the items documented on the inspection report, diagnostic report and/or service order notes and is strictly limited to representing the condition at the time of the inspection. Items inspected are not guaranteed and no warranty is implied nor given unless done so in writing. There is no guarantee predicting components that may break or wear out tomorrow and/or conditions or consequences not visible at the inspection. A Pool Inspection is not an insurance policy covering items that may fail in the future.
    2. Items which are concealed, not visible, inaccessible, not existing and/or omitted at the request of the client have not been inspected. Items marked "NA" or left blank were not inspected. Unless the item has been expressly listed as inspected, it is deemed to have NOT been inspected.
    3. Inspections are not a Code Compliance Inspection, as codes may vary for each municipality. Inspections are based upon commonly accepted national standards and safety considerations as set forth by the APSP (Association of Pool & Spa Professionals).
    4. All pools and spas experience some degree of wear. Cosmetic considerations are not within the scope of our inspections. Some items which may be considered cosmetic in nature may be noted to assist you in evaluating maintenance items that are in need of attention. The scope of our inspections is not intended to reveal every condition you may consider significant to ownership. If you feel that an item was overlooked, please inform Us as soon as possible so that we may review and/or correct the situation.
    5. Conditions may be noted and photos may be taken of various Systems or Components to represent a sample of the current condition and are not meant to be indicative of the entire Component or System.
    6. Inspections must be read in their entirety to receive all necessary information.
    7. A-1 POOLS is NOT responsible for repairs performed by anyone other than A-1 POOLS as a result of any inspection or diagnostic.
  1. Pool & Spa Openings & Closing.
    1. Maximum of 1 hour vacuuming is included with our CLASSIC SERVICE. Results vary depending on condition of pool.
    2. Additional work, including repairs, vacuuming & netting of excessively dirty pools, and any other work performed at the request of the homeowner will be invoiced at the current A-1 POOLS hourly labor rate, unless otherwise quoted.
    3. If you order our BASIC CLOSING SERVICE, the pool must be vacuumed and the water level lowered prior to our arrival. Failure to have your pool's water level lowered will result in additional charges.
  2. Service & Maintenance Plans.
    1. A-1 POOLS is not responsible for maintaining water levels, water costs, or damage caused by too little or too much water in pool and or spa.
    2. Basic maintenance between scheduled service visits is the customer's responsibility. Examples of basic maintenance include, but are not limited to, keeping skimmer baskets clear, running filter as appropriate and following other instructions provided by A-1 POOLS.
    3. Unusual and sudden water chemistry changes resulting from occurrences including, but not limited to, pollution, lawn or garden fertilizer, rain and/or wind storms, or other environmental conditions are not included with regular maintenance. Labor and material costs to correct the water chemistry will be an additional charge.
  3. A-1 Pools Limited Service Warranty. A-1 POOLS offers this Limited Service Warranty to the original Service purchaser and it is NOT transferable.
    1. 1-Year Parts Replacement Warranty. Should a part installed by A-1 POOLS fail due to manufacturer defect within 1 (one) year after installation by A-1 POOLS, We will replace the part at no charge. This warranty DOES NOT include travel, troubleshooting Service and/or diagnostic Service.
      1. This warranty excludes wearable parts including, but not limited to, seals, gaskets, fuses, light bulbs and filters.
      2. The total value of all repairs made under this warranty shall not exceed the price paid for the original repair. A-1 POOLS reserves the right to refund/return the original purchase in lieu of making a warranty repair.
    2. 1-Year Major Equipment Warranty. Should Major Equipment , equipment valued at $500 or more, installed by A-1 POOLS fail due to manufacturer defect within 1 (one) year after installation by A-1 POOLS, We will provide Diagnostic Service and labor to make the repair at no charge.
      1. This warranty excludes wearable parts including, but not limited to, seals, gaskets, fuses, light bulbs and filters.
      2. This warranty is limited to labor costs and DOES NOT include parts and/or equipment replacement costs.
      3. The total value of all repairs made under this warranty shall not exceed the price paid for the original installation. A-1 POOLS reserves the right to refund/return the original purchase in lieu of making a warranty repair.
    3. 1-Year Pool Equipment Diagnostic Service Report Guarantee. A-1 POOLS guarantees our Pool Equipment Diagnostic Service Report to be accurate for a period of 1 (one) year from the original date it was performed. Should any equipment component identified on the Pool Equipment Diagnostic Service Report fail within this period, A-1 POOLS will provide a new Pool Equipment Diagnostic Service Report at no charge.
      1. This Guarantee excludes any pool equipment component not specifically identified on the Pool Equipment Diagnostic Service Report including, but not limited to, such items as clogged skimmer baskets, clogged pump baskets, clogged pump impellers, dirty filters or filter media, obstructed flow, etc.
      2. Re-priming of pumps and removing air locks from pumps is excluded from this guaranty.
      3. This Guarantee does NOT include the cost of repairs.
      4. This Guarantee is null and void if you decline to have A-1 POOLS perform all repairs indicated as necessary by the Pool Equipment Diagnostic Service Report, or by subsequent Pool Equipment Diagnostic Reports performed under this Guarantee.
      5. This Guarantee is null and void if not signed and dated by an authorized A-1 POOLS Technician.
    4. 1-Year Pool Heater Diagnostic Service Report Guarantee. A-1 POOLS guarantees our Pool Heater Diagnostic Service Report to be accurate for a period of 1 (one) year from the original date it was performed. Should the heater identified on the Diagnostic Service Report fail within this period, A-1 POOLS will provide a new Diagnostic Service Report at no charge.
      1. This Guaranty does not cover heater failure caused by lack of customer maintenance or failure of any other pool component. Such exclusions may include but are not limited to pump failure, filter failure, electrical failure, clogged skimmer baskets, clogged pump baskets, clogged pump impellers, dirty filters or filter media, obstructed flow, etc.
      2. Relighting of pilots is not covered by this Guaranty.
      3. This Guarantee does NOT include the cost of repairs.
      4. This Guarantee is null and void if you decline to have A-1 POOLS perform all repairs indicated as necessary by the Pool Heater Diagnostic Service Report, or by subsequent Pool Heater Diagnostic Reports performed under this Guarantee.
      5. This Guarantee is null and void if not signed and dated by an authorized A-1 POOLS Technician.
    5. 1-Year Spa Equipment Diagnostic Service Report Guarantee. A-1 POOLS guarantees our Spa Equipment Diagnostic Service Report to be accurate for a period of 1 (one) year from the original date it was performed. Should any equipment component identified on the Spa Equipment Diagnostic Service Report fail within this period, A-1 POOLS will provide a new Pool Equipment Diagnostic Service Report at no charge.
      1. This Guarantee excludes any spa equipment component not specifically identified on the Spa Equipment Diagnostic Service Report including, but not limited to, such items as clogged skimmer, clogged pump impellers, dirty filters, obstructed flow, low water level, etc.
      2. Re-priming of pumps and removing air locks from pumps is excluded from this guaranty.
      3. This Guarantee does NOT include the cost of repairs.
      4. This Guarantee is null and void if you decline to have A-1 POOLS perform all repairs indicated as necessary by the Spa Equipment Diagnostic Service Report, or by subsequent Spa Equipment Diagnostic Reports performed under this Guarantee.
      5. This Guarantee is null and void if not signed and dated by an authorized A-1 POOLS Technician.
    6. Service visits relating to this warranty that are determined not to be covered by this warranty will be billed to the customer at the current A-1 POOLS Service rates.
    7. Part and/or equipment manufacturer warranties may run concurrently with this warranty and will apply first to all warranty claims with this warranty strictly limited to making up the remaining difference.
    8. This warranty excludes equipment failure caused by improper maintenance, neglect, abuse, vandalism, accidents and/or acts of God.
    9. This warranty does NOT cover subsequent damages and/or loss due to the part failure including, but not limited to, freezing, overheating, loss of use, water damage, etc.
    10. This warranty is to the original purchaser and is NOT transferable.
    11. The total value of all repairs made under this warranty shall not exceed the price paid for the original repair. A-1 POOLS reserves the right to refund the original purchase in lieu of making a warranty repair.
    12. This warranty shall terminate immediately should any individual or service company other than A-1 POOLS perform Service on the pool or spa and its associated equipment during the warranty period.
  4. Solicitation of A-1 POOLS Employees. You prohibited from soliciting A-1 POOLS employees to complete Service outside of their normal employment at A-1 POOLS. Side work is generally prohibited as part of our employment policy at A-1 POOLS to prevent confusion regarding many things such as insurance, warranties, use of tools and equipment, use of inventory and more. If you attempted to solicit an A-1 POOLS employee to do side work, We may choose to discontinue offering Service to you and in that event, all warranty obligations of A-1 POOLS to you shall be terminated.
  1. Disclaimers. West Bend Fence / A-1 Pools, Inc. is a Wisconsin corporation that also does business as A-1 Pools and/or as West Bend Fence.

    All Service visits will be performed within the logical schedule of A-1 POOLS and as close to the day of the week or time of the year as requested by the customer, but will be scheduled to optimize the efficient scheduling of A-1 POOLS.

    A-1 POOLS, its subcontractors, employees, installers, plumbers, electricians, owners or their heirs do not bear liability for any usage of the pool or spa or any event attached to the pool and or spa.

    A-1 POOLS is not responsibility for stolen credit card information. It is your responsibility to monitor your credit card activity and to promptly notify your credit card company of any suspicious transactions.

    A-1 POOLS is not responsible for damages and/or loss you may incur due to scheduling delays beyond our control. We do not ever guarantee service in a specific amount of time.

    A-1 POOLS is NOT responsible for repairs performed by anyone other than A-1 POOLS as a result of any inspection or diagnostic completed by A-1 POOLS.
  1. Limitations of Liability. Except where prohibited by law, We do not assume any responsibility, and shall not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

    You, as the customer, are solely responsible for the safety of your backyard and pool/spa and shall assure continued viability of safety gates, safety fences, electrical lighting near the pool/spa, GFCI circuits, fuses, breakers, as well as any necessary drowning prevention apparatus.

    In the event of, but not limited to, acts of nature, terrorism, vandalism or acts of pilferage, A-1 POOLS assumes no liability with respect to the present or future status of the your pool and/or spa or its equipment.

    If maintenance and/or repairs are completed by any other provider, any and all A-1 POOLS warranty and liability shall immediately terminate.

    THE FOLLOWING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN NO EVENT WILL A-1 POOLS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN PROVIDING THE SERVICE (OR ANY PART OF THE SERVICE) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICE OR THE RESULTS OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

    IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND A-1 POOLS. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE THAT YOU HAVE PURCHASED, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH SERVICE AND THAT TOTAL LIABILITY SHALL NOT EXCEED THE VALUE PAID FOR THE SERVICE.
  2. Indemnity. You agree to defend, indemnify and hold A-1 POOLS and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms.
  3. Waiver and Severability. No waiver by A-1 POOLS of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of A-1 POOLS 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 or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
  4. Entire Agreement. These Terms and our Privacy Policy, Terms of Use, Additional Terms specific to the Service and terms as set forth on the Service Agreement/Order constitute the sole and entire agreement between you and A-1 POOLS with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
  5. Termination. You or A-1 POOLS may suspend or terminate your Service at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. A-1 POOLS reserves the right to change, suspend, or discontinue all or any aspect of the Service at any time without notice.
  1. Additional Assistance. If you do not understand any of the foregoing Terms or if you have any questions or comments, We invite you to call our Customer Service Department at 1-877-A1POOLS

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