TERMS OF SERVICE
Last Updated: 12/20/2024
These Terms of Service (“Terms”) govern your access to and use of the products, services, websites, and applications (collectively, the “Services”) provided by Clear Water Concepts (“Company,” “we,” “us,” or “our”). Clear Water Concepts is located in Mesa, Arizona. By accessing or using our Services, you agree to be bound by these Terms and any other agreements referenced herein. If you do not agree with these Terms, you should discontinue use of our Services immediately.
1. Acceptance of Terms
By using our Services, you confirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, and that you have the legal authority to enter into these Terms. If you are using our Services on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms.
2. Scope of Services
Clear Water Concepts provides professional water treatment services, including, but not limited to, water softening, reverse osmosis systems, water filtration installations, and maintenance services. The specific scope and details of any individual project or product purchase will be outlined in separate documentation such as a contract, estimate, or invoice.
3. Quotes, Pricing, and Payment
3.1 Quotes: Any quotes or cost estimates provided by the Company are valid for thirty (30) days unless otherwise stated. After this period, pricing may be subject to change.
3.2 Pricing: All prices are listed in U.S. Dollars and are subject to applicable taxes, fees, and surcharges as required by law.
3.3 Payment Terms: Payment terms will be agreed upon in writing before the commencement of work or delivery of products. Payment may be required in full upfront, upon completion, or according to an installment schedule as specified in a separate agreement. Late payments may be subject to late fees or interest charges as permitted by applicable law.
4. Customer Responsibilities
4.1 Access and Cooperation: You agree to provide Clear Water Concepts with reasonable access to your property and relevant areas for inspection, installation, maintenance, or service.
4.2 Accuracy of Information: You represent that all information you provide to the Company is accurate, current, and complete. You agree to promptly notify us of any changes to your contact information, address, or other details that may affect our ability to render Services.
5. Product and Service Warranties
5.1 Manufacturer Warranties: To the extent that our products or components carry a manufacturer’s warranty, we will pass through that warranty to you to the fullest extent permitted. Any claims under a manufacturer’s warranty should be handled in accordance with the manufacturer’s procedures.
5.2 Service Warranty: We warrant that our installation and repair services will be performed in a workmanlike manner consistent with industry standards. If you experience issues with the workmanship of our services within a reasonable period, please contact us, and we will review the situation.
5.3 Disclaimer of Other Warranties: EXCEPT AS EXPRESSLY PROVIDED HEREIN, CLEAR WATER CONCEPTS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CLEAR WATER CONCEPTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR PRODUCTS, EVEN IF CLEAR WATER CONCEPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CLEAR WATER CONCEPTS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO CLEAR WATER CONCEPTS FOR THE SPECIFIC SERVICE OR PRODUCT AT ISSUE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
7. Indemnification
You agree to defend, indemnify, and hold harmless Clear Water Concepts, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.
8. Intellectual Property
All intellectual property rights in and to our Services, including but not limited to the website, logos, trademarks, service marks, and written or multimedia content, are owned or licensed by Clear Water Concepts. You agree not to reproduce, distribute, modify, or create derivative works of our intellectual property without our express written consent.
9. Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of our Services. This includes, but is not limited to, local building codes, plumbing regulations, and water quality standards that may apply to the installation or maintenance of water treatment systems.
10. Text Messaging
Text messaging opt-in data/consent are not shared with any third parties (including subsidiaries or affiliates)” as well as “By providing your phone number, you consent to receive informational (e.g. updates related to services, appointment reminder) and marketing messages (special promotions and deals) from Clear Water Concepts at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply STOP at anytime to unsubscribe and you will longer receive any messages.
11. Termination
We reserve the right to terminate or suspend your access to the Services at any time and for any reason, including for violation of these Terms. Upon termination, all rights granted to you under these Terms will cease immediately, and you must discontinue all use of the Services.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona. You expressly consent to the jurisdiction of said courts and waive any objections to such jurisdiction or venue.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website or through other reasonable means. Your continued use of the Services following the posting of any changes indicates your acceptance of those changes.
14. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
15. Entire Agreement
These Terms, along with any written agreements or documentation provided at the point of sale or service, constitute the entire agreement between you and Clear Water Concepts relating to your use of our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
16. Contact Information
If you have any questions about these Terms or wish to request additional information, please contact us at:
Clear Water Concepts
Address: 6056 E Baseline Rd #107, Mesa, AZ 85206
Phone: 480-373-9949
Email: info@clearwaterarizona.com
Website: clearwaterarizona.com
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.