Terms of Service

Introduction and Agreement to Terms

These Terms of Service ("Terms") govern your use of the website infinityepools.com (the "Site"), owned and operated by Infinity E. Pools & Spas ("Company," "we," "us," or "our"), a licensed pool contractor in the State of California, Contractors State License Board (CSLB) License #1111464.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must discontinue use of the Site immediately.

1. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use this Site. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Website Use License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Site or its contents
• Collection or use of any product listings, descriptions, images, or prices
• Creating derivative works based on the Site or its content
• Downloading or copying information for the benefit of a competitor
• Framing, mirroring, or scraping any portion of the Site
• Use of data mining, robots, or similar data-gathering tools

We may terminate this license at any time for any reason without notice.

3. Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, photographs, videos, and software, is the property of Infinity E. Pools & Spas or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

"Infinity E. Pools & Spas," our logo, and all related names, marks, and designs are trademarks of our Company. You may not use these trademarks without our prior written permission.

4. Separation of Website Terms and Construction Contracts

These Terms govern your use of this website only. They do not govern any pool construction, remodeling, landscaping, or other contracting services we may provide.

All construction services are governed by a separate written contract between you and Infinity E. Pools & Spas. That contract will include, among other things: project scope, timeline, payment terms, warranties, change order procedures, and dispute resolution provisions, as required by California Business and Professions Code Sections 7159 and 7159.5 for home improvement contracts.

In the event of any conflict between these Terms and a signed construction contract, the construction contract will control with respect to the subject matter of that contract.

5. Licensing and Regulatory Compliance

Infinity E. Pools & Spas is a licensed contractor in the State of California. Our license information is as follows:

All construction work is performed in compliance with applicable California laws and regulations, including the California Contractors State License Law (Business and Professions Code, Division 3, Chapter 9), local building codes, and permit requirements.

6. Estimates, Quotes, and Pricing

Any pricing, estimates, or quotes presented on this Site or through our online forms are preliminary and for informational purposes only. They do not constitute a binding offer or contract.

Final pricing is determined after an in-person site evaluation and is subject to actual site conditions, design specifications, material selections, permit requirements, and other factors. Actual costs may vary from preliminary estimates.

All binding quotes will be provided in writing as part of a formal construction contract, in compliance with California Business and Professions Code Section 7159.

7. User Conduct

You agree to use the Site in a lawful manner and not to:

• Violate any applicable federal, state, or local laws or regulations
• Post or transmit defamatory, threatening, abusive, or obscene content
• Attempt to gain unauthorized access to the Site, its servers, or connected systems
• Introduce viruses, malware, or other harmful code
• Impersonate another person or entity
• Interfere with or disrupt the operation of the Site
• Harvest or collect user information without consent

8. Third-Party Links, Content, and Financing

The Site may contain links to third-party websites, including Lyon Financial for pool financing. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, accuracy, or practices of any third-party website.

Financing through Lyon Financial or any other financing partner is subject to that partner's own terms, conditions, and credit approval process. Infinity E. Pools & Spas is not a lender, does not make credit decisions, and makes no representations or warranties regarding financing approval or terms.

9. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SITE CONTENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

This disclaimer applies only to the website. Warranties for construction services are governed by your separate construction contract and applicable California law, including implied warranties of fitness under California Civil Code Section 896 et seq.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, INFINITY E. POOLS & SPAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Errors or omissions in Site content
• Unauthorized access to your transmissions or data

Our total liability for any claim related to this Site shall not exceed the greater of $100 or the amount you paid us, if any, for accessing the Site in the 12 months preceding the claim. This limitation does not apply to liability arising from construction services, which is governed by your construction contract and applicable California law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Infinity E. Pools & Spas, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) your violation of any third-party rights.

12. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government orders or restrictions, labor disputes, supply chain disruptions, utility or internet outages, cyberattacks, or any other event beyond our reasonable control. This provision applies to our obligations under these Terms only. Force majeure provisions for construction services are addressed in the separate construction contract.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Sacramento County, California.

You consent to the personal jurisdiction of these courts and waive any objection to venue.

14. Dispute Resolution

Before pursuing formal legal action regarding any dispute arising from these Terms, we encourage you to contact us directly to attempt informal resolution:

If a dispute cannot be resolved through informal negotiation within 30 days, both parties agree to attempt mediation administered by a mutually agreed-upon mediator in Sacramento County, California, before filing any legal action.

Disputes related to construction services are governed by the dispute resolution provisions in your separate construction contract and applicable CSLB complaint procedures. You may file a complaint with the Contractors State License Board at www.cslb.ca.gov.

15. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. A waiver of any right on one occasion shall not be deemed a waiver of that right on any subsequent occasion.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated "Last updated" date. Your continued use of the Site following any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically. For material changes, we will provide prominent notice on our Site.

18. Entire Agreement

These Terms, together with our Privacy Policy and Accessibility Statement, constitute the entire agreement between you and Infinity E. Pools & Spas with respect to your use of the Site. These Terms do not alter or supersede any written construction contract or service agreement between you and the Company.

19. Contact Information

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