Welcome to www.ckpools.com, the website operated by CK Pools, Inc., referred to in these Terms as “CK Pools,” “Company,” “we,” “us,” or “our.” These Website Terms and Conditions, referred to as the “Terms,” govern your access to and use of www.ckpools.com, including all pages, forms, content, features, service requests, quote requests, communications, and related online services made available through the Site.
By accessing or using the Site, submitting a form, requesting a quote, scheduling a service, communicating with CK Pools, or otherwise using any feature of the Site, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the Site.
These Terms apply to use of the Site and to online communications with CK Pools. If you enter into a separate written service agreement, estimate, invoice, maintenance plan, repair authorization, proposal, work order, or other written agreement with CK Pools, that document will apply to the specific services described in it. If there is a direct conflict between these Terms and a separate written service document signed or issued by CK Pools, the separate written service document will control only for that specific service or transaction.
Your use of the Site is also subject to CK Pools’ Privacy Policy, which explains how CK Pools may collect, use, store, share, and protect information submitted through or connected to the Site. By using the Site, you acknowledge and agree that CK Pools may handle your information in accordance with its Privacy Policy.
Visiting the Site, submitting online forms, sending emails, sending text messages, requesting services, or otherwise communicating electronically with CK Pools constitutes electronic communications. You consent to receive electronic communications from CK Pools, including agreements, notices, disclosures, service updates, appointment reminders, invoices, confirmations, and other communications. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by law.
By submitting your phone number, email address, or other contact information to CK Pools, you authorize CK Pools and its authorized vendors, service providers, representatives, employees, agents, and technology platforms to contact you by phone, text message, email, prerecorded message, automated system, or other electronic means for service-related, operational, scheduling, billing, customer support, and marketing purposes.
Message and data rates may apply. You may opt out of marketing text messages by replying STOP where applicable. Opting out of marketing communications may not prevent CK Pools from sending non-marketing communications related to requested services, appointments, billing, safety, legal notices, or account administration.
Calls may be recorded or monitored for quality assurance, training, customer support, documentation, dispute resolution, and operational purposes, where permitted by applicable law.
CK Pools does not knowingly collect personal information from persons under the age of eighteen. If you are under eighteen, you may use the Site only with the permission and supervision of a parent or legal guardian.
CK Pools grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. You may use the Site only for lawful personal or business purposes related to learning about CK Pools, requesting information, requesting quotes, communicating with CK Pools, or using Site features made available by CK Pools.
You agree not to use the Site in any way that is unlawful, fraudulent, harmful, abusive, disruptive, or prohibited by these Terms. You may not damage, disable, overload, impair, scrape, copy, reverse engineer, interfere with, or attempt to gain unauthorized access to the Site, CK Pools systems, CK Pools accounts, customer information, or any third-party systems connected to the Site.
You may not use the Site to submit false information, impersonate another person, make fraudulent service requests, upload malicious content, interfere with another user’s access, harvest data, or use CK Pools’ name, content, trademarks, images, service descriptions, or materials without written permission.
All content on the Site, including text, graphics, logos, images, videos, icons, designs, layouts, service descriptions, software, forms, compilations, and other materials, is owned by CK Pools, its licensors, suppliers, or content providers and is protected by copyright, trademark, and other intellectual property laws.
You may not modify, publish, reproduce, distribute, transmit, display, sell, license, create derivative works from, or exploit any Site content without prior written permission from CK Pools or the applicable rights owner. Your use of the Site does not transfer any ownership rights to you.
All content on the Site, including text, graphics, logos, images, videos, icons, designs, layouts, service descriptions, software, forms, compilations, and other materials, is owned by CK Pools, its licensors, suppliers, or content providers and is protected by copyright, trademark, and other intellectual property laws.
You may not modify, publish, reproduce, distribute, transmit, display, sell, license, create derivative works from, or exploit any Site content without prior written permission from CK Pools or the applicable rights owner. Your use of the Site does not transfer any ownership rights to you.
Any quote, estimate, proposal, pricing information, service recommendation, or projected cost provided through the Site, by phone, email, text message, online form, photo review, video review, or other remote communication is preliminary only and is not a binding final price unless expressly confirmed in a written agreement issued by CK Pools.
CK Pools reserves the right to revise pricing based on actual site conditions, equipment condition, labor required, materials, chemicals, parts, access limitations, hidden conditions, safety issues, customer changes, weather, supply availability, technician assessment, or other factors discovered before or during service.
Prices, promotions, discounts, packages, and service availability may change at any time without notice unless expressly stated in a written agreement issued by CK Pools.
Submitting a form, requesting a quote, calling CK Pools, sending a text message, sending an email, or using the Site does not guarantee that CK Pools will accept, schedule, perform, complete, or continue any service. CK Pools may decline, cancel, reschedule, suspend, or discontinue service at its discretion, subject to applicable law and any separate written agreement.
CK Pools does not guarantee emergency service, same-day service, after-hours service, weekend service, holiday service, or immediate response unless expressly confirmed in writing by CK Pools.
Pool cleaning, maintenance, inspection, diagnosis, repairs, and related services depend on many factors, including property condition, pool condition, equipment condition, chemical levels, weather, water source, prior maintenance, prior repairs, usage, landscaping, filtration, plumbing, electrical systems, and customer cooperation.
CK Pools does not guarantee any specific result, diagnosis, repair outcome, equipment performance, water clarity, chemical balance, algae prevention, stain prevention, timeline, or uninterrupted pool condition unless expressly stated in a separate written service agreement issued by CK Pools.
Pool water conditions can change quickly due to weather, rain, heat, freeze events, sunlight, usage, landscaping, debris, filtration performance, equipment failure, chemical interaction, water source, customer actions, third-party actions, or other factors outside CK Pools’ control.
CK Pools is not responsible for algae, cloudy water, staining, scaling, chemical imbalance, odors, discoloration, surface deterioration, or water quality issues except to the extent directly caused by CK Pools’ proven negligence and not otherwise limited by these Terms or a separate written agreement.
CK Pools is not responsible for pre-existing conditions, hidden defects, unknown damage, prior improper repairs, aging equipment, worn parts, brittle plumbing, underground leaks, electrical issues, structural cracks, plaster deterioration, tile deterioration, coping damage, deck damage, surface defects, equipment failure, manufacturer defects, or damage not directly caused by CK Pools’ proven negligence.
A pool, spa, pump, heater, filter, cleaner, automation system, plumbing line, electrical component, valve, light, surface, or other item may fail during or after service due to age, wear, prior damage, improper installation, lack of maintenance, manufacturer defect, or hidden condition. CK Pools is not responsible for such failure unless directly caused by CK Pools’ proven negligence.
Customer is responsible for providing safe, timely, and unobstructed access to the pool, spa, pool equipment, gates, fences, electrical panels, water sources, service areas, pets, parking, and any areas reasonably necessary for CK Pools to perform the requested service.
Customer must secure pets, unlock gates, provide access codes, remove hazards, disclose known safety concerns, and ensure that the service area is safe for CK Pools personnel. CK Pools may cancel, reschedule, refuse, or suspend service if access is unavailable, unsafe, restricted, blocked, delayed, or otherwise unsuitable.
CK Pools may charge a trip fee, cancellation fee, rescheduling fee, or other applicable charge if CK Pools cannot perform service due to customer action, customer inaction, unsafe conditions, incorrect information, restricted access, or other causes outside CK Pools’ control.
Customer is responsible for removing, protecting, or securing fragile, valuable, personal, decorative, or movable items in or near the service area. This includes furniture, planters, toys, outdoor equipment, decorations, loose objects, pets, and personal belongings.
CK Pools is not responsible for loss, movement, damage, or deterioration of customer property unless directly caused by CK Pools’ proven negligence and not otherwise excluded or limited by these Terms or a separate written agreement.
CK Pools will not be liable for delay, cancellation, non-performance, interrupted service, property condition changes, or service limitations caused by weather, rain, lightning, flooding, freeze events, hurricanes, extreme heat, acts of God, labor shortages, supply shortages, supplier delays, power outages, water restrictions, governmental action, emergencies, unsafe conditions, or any event outside CK Pools’ reasonable control.
CK Pools may delay, reschedule, modify, suspend, or cancel service when conditions are unsafe, impractical, inaccessible, or unsuitable for service performance.
Customer agrees to pay all approved invoices, recurring service charges, repair charges, labor, materials, parts, chemicals, trip fees, cancellation fees, rescheduling fees, taxes, and other applicable charges when due.
CK Pools may suspend, delay, cancel, or terminate service for unpaid balances, failed payments, chargebacks, billing disputes, or account issues. Customer agrees to reimburse CK Pools for reasonable collection costs, attorney’s fees, court costs, chargeback fees, processing fees, and other expenses incurred in collecting overdue amounts, to the extent permitted by law.
CK Pools may establish cancellation, rescheduling, missed service, trip charge, and minimum service charge policies from time to time. Customer agrees that CK Pools may charge applicable fees when a scheduled service is cancelled late, rescheduled late, blocked, inaccessible, unsafe, or prevented by customer action or inaction.
Recurring service schedules are estimates and may change due to routing, technician availability, weather, holidays, access issues, operational needs, or other practical business reasons.
CK Pools may photograph, record, document, or otherwise capture images or videos of the pool, spa, pool equipment, service area, water conditions, property access points, visible damage, work performed, and related property conditions for service verification, quality control, training, insurance, billing, customer support, dispute resolution, legal protection, and operational purposes.
CK Pools will not intentionally publish identifying personal information without consent. CK Pools may use non-identifying service images, before and after photos, equipment photos, and work documentation for internal, training, marketing, educational, or operational purposes, provided such use does not intentionally identify the customer’s private personal information.
The Site may contain links to third-party websites, platforms, booking tools, payment processors, CRM systems, communication tools, map services, advertising platforms, or other services. Third-party sites and services are not controlled by CK Pools. CK Pools is not responsible for their content, availability, security, privacy practices, terms, errors, omissions, or performance.
By using any feature, product, service, or functionality made available through or connected to the Site, you acknowledge that CK Pools may share information with third parties that help CK Pools provide requested services, operate the Site, process payments, schedule appointments, communicate with customers, manage leads, verify service, perform marketing, or support business operations.
Information on the Site is provided for general informational purposes only. It should not be treated as a final diagnosis, engineering opinion, construction recommendation, plumbing recommendation, electrical recommendation, chemical instruction, safety instruction, or substitute for an in-person professional assessment.
You should not rely solely on Site content, online communications, photos, videos, or general recommendations to make decisions about pool repairs, electrical issues, structural issues, plumbing issues, chemical handling, health, safety, or property protection.
The Site and all Site content, information, software, features, products, services, service descriptions, graphics, links, and related materials are provided “as is” and “as available,” without warranties or conditions of any kind, either express or implied, to the maximum extent permitted by applicable law.
CK Pools disclaims all warranties and conditions regarding the Site and Site-related materials, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, timeliness, security, and uninterrupted access.
CK Pools does not warrant that the Site will be error-free, uninterrupted, secure, current, complete, free of viruses, or compatible with your systems or devices.
To the maximum extent permitted by applicable law, CK Pools, its officers, directors, employees, contractors, agents, affiliates, representatives, vendors, suppliers, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, including loss of use, loss of profits, loss of data, loss of business, loss of goodwill, property inconvenience, or service interruption, arising out of or related to the Site, these Terms, communications, service requests, or services.
To the maximum extent permitted by applicable law, CK Pools’ total liability for any claim related to the Site will not exceed one hundred dollars. To the maximum extent permitted by applicable law, CK Pools’ total liability for any claim related to a specific service will not exceed the amount paid by the customer to CK Pools for the specific service giving rise to the claim during the thirty days preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability. In such cases, CK Pools’ liability will be limited to the greatest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless CK Pools, its officers, directors, employees, contractors, agents, affiliates, representatives, vendors, suppliers, and service providers from and against any claims, losses, damages, liabilities, costs, expenses, judgments, penalties, fines, and attorney’s fees arising out of or related to your use of the Site, your submitted information, your service requests, your property conditions, your violation of these Terms, your violation of applicable law, your violation of third-party rights, your failure to provide safe access, your failure to disclose hazards, or your misuse of CK Pools services or communications.
CK Pools reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with CK Pools in asserting any available defenses.
Before filing any claim, the parties agree to make a reasonable good-faith effort to resolve disputes informally. You agree to contact CK Pools first and provide a reasonable opportunity to review and respond to the dispute.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to the Site, these Terms, communications with CK Pools, or CK Pools services will be resolved by binding individual arbitration in Texas, except that either party may bring an individual claim in small claims court if the claim qualifies, and CK Pools may seek injunctive or equitable relief in court to protect its intellectual property, confidential information, business operations, or legal rights.
You agree that any claim must be brought only in your individual capacity and not as a plaintiff, class member, representative, or participant in any class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate claims or preside over any class, collective, or representative proceeding unless both parties agree in writing.
If this arbitration section is found unenforceable in whole or in part, the unenforceable portion will be severed, and the remaining provisions will continue in effect to the maximum extent permitted by law.
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Subject to the arbitration provision above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas for disputes arising out of or relating to the Site, these Terms, or CK Pools services.
CK Pools reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Site, related services, forms, communications, or any portion of the Site at any time, with or without notice, for any reason permitted by law.
Your use of the Site, communications with CK Pools, or receipt of services does not create any partnership, joint venture, franchise, employment, agency, fiduciary, or special relationship between you and CK Pools.
You are responsible for complying with all applicable laws, rules, regulations, ordinances, property rules, homeowners association requirements, safety requirements, and access requirements related to your use of the Site, your property, and any services requested from CK Pools.
CK Pools’ performance is subject to applicable laws and legal process. Nothing in these Terms limits CK Pools’ right to comply with governmental, court, law enforcement, regulatory, or legal requests or obligations.
The Site is controlled, operated, and administered by CK Pools from within the United States. If you access the Site from outside the United States, you are responsible for compliance with all local laws. You agree not to use CK Pools content, the Site, or related services in any country or manner prohibited by applicable laws, restrictions, or regulations.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be modified or replaced by a valid and enforceable provision that most closely reflects the original intent, and the remaining provisions will continue in full force and effect.
Unless otherwise stated in a separate written agreement issued by CK Pools, these Terms, together with the Privacy Policy and any applicable written service document, constitute the entire agreement between you and CK Pools regarding the Site and the applicable subject matter. These Terms supersede prior or contemporaneous communications and proposals, whether electronic, oral, or written, regarding the Site.
CK Pools reserves the right, in its sole discretion, to change, update, modify, or replace these Terms at any time. The most current version posted on the Site will supersede all prior versions. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
CK Pools welcomes questions or comments regarding these Terms.
