Terms of Use

Last Revised:  4/25/2017

Thank you for visiting Barrier Reef Pools and Spas’ web site, brpoolsandspastx.com. You arrived at this Terms of Use from the above site, referred to herein as “this web site”.

ACCEPTANCE OF TERMS

These Terms of Use govern your use of this web site. By accessing this web site, or purchasing, downloading, installing or using Barrier Reef Pools and Spas’ services, you are acknowledging you have read and accept these Terms of Use.

These Terms of Use are subject to change by Barrier Reef Pools and Spas (hereinafter “Company”) at any time and at our discretion without notice by updating this posting. You must review this page on a regular basis to keep yourself informed of any changes.


Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms of Use each time you use this web site.

INTELLECTUAL PROPERTY


Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us at Richard@brtexas.com

Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

ORDER POLICIES

Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determents we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Company are provided as resources to customers looking for additional information and/or professional opinion. Company does not assume responsibility for the claims and/or representations made on these or any other websites. 

THIRD PARTY REFERENCES / HYPERLINKS

This web site may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.

We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Please refer to our Privacy Policy for more information.

INFORMATION YOU SUBMIT

You hereby warrant that any information you submit to Company through this web site (via comments, forums, forms, groups, membership area, etc.) is owned by you and that you have the necessary authority to submit such information. You hereby grant Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to Company.

Company retains the right to display any pictures and videos taken in the installations process and finished pool in marketing materials to showcase their work and expertise.  Company also retains the right to share case studies of the experience.  Company may use items in marketing materials, including but not limited to: website portfolios, videos, presentations, brochures, photographs, social media image galleries, articles, blogs, social media platforms, etc.  Client may request in writing to retain privacy and anonymity if they choose.

You further agree that you shall not submit or transmit any content through this web site or to Company that is:

  • Obscene, vulgar, or pornographic;
  • Encourages the commission of a crime or violation of a law;
  • Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
  • Infringes the intellectual rights of a third party;
  • Is otherwise offensive or inappropriate based upon the type of content and information provided by Company and/or third parties on this web site;
  • Harass, stalk or otherwise abuse another user;
  • Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
  • Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
  • Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
  • causing harm to minors in any manner whatsoever;
  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  • interfering with or disrupting any Company Services, servers and/or networks that may be connected or related to our website, including but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;
  • providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;

Company reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in Company’s sole discretion, without liability or warning to you.


Company reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Company harmless from any consequences or actions taken by Company in cooperation with such law enforcement investigation or court order.

User Public Forum Submission/Participation Policy and Terms


As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities, Facebook Closed Group, and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.

Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Company has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.

Your Participation/Contribution Requires Consideration: Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).

Confidential Obligations:  You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Company that requires you to maintain the confidentiality of certain material or information of Company. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Company has required you to preserve as confidential.

Grant of Rights:  To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Company or other information you are required to preserve as confidential by Company, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns.  

No Obligation to Monitor:   Company does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Company’s sole discretion.

No Obligation to Remove:  Company is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Company shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Company with differing terms or Company has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content).  If you do not wish to have something which you submit to be published, do not submit it in the first place.

No Endorsement:  Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

Company’s Right to Act:  If Company discovers communications which allegedly do not conform to any Terms of Use of this Site, Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Company will have no liability or responsibility for performance or non-performance of such activities. Company reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever.

CONTACTING US

If you need to contact us, you can email us at Richard@brtexas.com, call us at (830) 308-7946, or send us a letter to 7740 IH 35 North, New Braunfels, TX 78130.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.


TESTIMONIALS:  Any case studies, testimonials, and examples on this website are exceptional results, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no guarantee you will duplicate the results stated here. ANY EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST.

NOTICE OF REFERRAL FEES & COMMISSIONS:  The person or company who referred you to Barrier Reef Pools and Spas, and specifically to this site may be receiving a commission payment for their referrals. (Usually a percentage of fees collected from clients referred). You should not rely exclusively on this person’s referral in determining whether to do business with Barrier Reef Pools and Spas, and by agreeing to these Terms & Conditions, you represent that you will do (or have done) due diligence in evaluating Barrier Reef Pools and Spas separate and apart from the recommendation you received that resulted in your visiting and/or making payment on this site.

WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL IN NO EVENT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS MATERIAL OR WEBSITE OR ANY OF OUR SERVICES, WHICH ARE PROVIDED “AS IS”, AND WITHOUT WARRANTIES. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Company, you agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the Terms of Use stated herein.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Company with respect to this web site and supersedes all prior or contemporaneous communications between you and Company with respect to this web site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms of Use of any agreement contained herein.

Failure of the Company to enforce any of the provisions set out in these Terms of Use and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use.