Please carefully review the terms and conditions of use (the “Agreement”) before accessing this website. We (“BrightWater Pools”) provide this website as a service to our Customers, and your use of the site indicates your agreement to abide by and adhere to the following terms of use. It is important to regularly check these terms and conditions for any updates or changes. If you do not agree to these terms and conditions, please refrain from accessing information or acquiring goods, services, or products from this site.

1. Agreement Acceptance
   1. By accessing our site (“Website”), you agree to adhere to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”). This Agreement constitutes the sole and comprehensive agreement between you and BrightWater Pools, overriding any prior or concurrent agreements, representations, warranties, and understandings concerning the Website, its content, products, or services provided through it, and the subject matter addressed in this Agreement. We reserve the right to amend this Agreement at any time and without providing specific notice to you [SS1]. The most recent version of the Agreement will be made available on the Website, and it is advisable to review it before utilizing the Website.
2. Returns Policy
   1. Date of Return. Some items, including swimming pools, may be returned within ten (10) days of your receipt. The terms “receipt” or “return” are defined as the date received by BrightWater Pools and not the date placed in the mail or provided to the carrier for delivery. BrightWater Pools reserves the right in its sole discretion for any reason whatsoever to refuse to provide any credit or refund for any items not returned within this timeframe [SS2]. 
   2. Conditions for Credit. Credit will be issued upon the return of the item(s) subject to the following conditions: You must contact us via email, providing the order date and item number, and we will respond within two (2) business days with a Return number. No returns will be accepted without this number. Returned items must be unused, in their original packaging, suitable for resale, and include all warranty cards, manuals, etc.
   3. Excluded Items. Returns are not accepted for lights, automatic cleaners, heaters,, and fence kits. Pool returns must be in the same condition as received, completely shrink-wrapped on the pallet. Swimming pools and liners may not be returned if the cartons are wet, opened, or unfolded. Special-order items cannot be returned.
   4. Restocking Fee. A 25% restocking fee will be applied to any returned swimming pool. All other approved returned items are subject to a 25% restocking charge. Orders refused upon receipt are subject to a 25% restocking charge and all associated freight shipping costs.
   5. Price Adjustments. One-time price adjustments are available for items that see a price reduction within ten (10) days of your purchase date. Items purchased with coupons or promotional discounts are not eligible for price adjustments. To request a price adjustment for an online purchase, please contact us within the ten (10) day window, including your name and order number. The credit will be applied in the form of a gift card [3] [4] [5] only.
   6. Return Shipping Costs. Return shipping costs are the sole responsibility of the customer.
3. Defective Products
   1. In the event that a product defect stems from a manufacturing error, a complimentary replacement of the faulty product will be dispatched to the customer in accordance with the manufacturer’s warranty terms. However, if product testing reveals improper use and/or installation of the product, the customer will not be eligible for a refund and will be charged for the additional replacement part. Please be aware that BrightWater Pools does not bear the expense of labor/installation fees, material costs, lost wages, water loss, or any other charges arising from the defective product.
   2. Warranty Limitations. The warranties under this Section do not apply where the goods have:
      1. been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental condition, or use contrary to any instructions issued by BrightWater Pools;
      2. been reconstructed, repaired, or altered by persons other than BrightWater Pools or its authorized representative; or
      3. been used with any third-party product, hardware, or product that has not been previously approved in writing by BrightWater Pools.
   3. Exclusive Remedy. Notwithstanding any other provision of this Agreement, this Article contains Customer’s exclusive remedy for goods that do not conform to the warranties listed in Section or are Defective. Customer’s remedy under this Article is conditioned on Customer’s compliance with its obligations under this Article. 
4. Product Pricing Disclaimer
   1. BrightWater Pools retains the right to adjust product pricing shown on the website in the event of an error. Should a pricing error occur, BrightWater Pools may opt to cancel orders or remove items from orders. If an order is canceled, any associated fees will be credited to you or refunded within 30 days. If merchandise has already been shipped, you may choose to either pay the price difference or return the merchandise. Please be aware that customers are not entitled to purchase merchandise at a price erroneously displayed.
5. Order Times
   1. The majority of orders are typically in stock and are dispatched within 1-3 business days. Any orders received on Fridays after 8 a.m. EST will be processed the following Monday. During the busy season, which spans from April through July, there may be slight delays in processing times. If an item is backordered, you will receive an email notification and will have the choice to either cancel or substitute the backordered item.
6. Order Times for Above Ground Pools
   1. Swimming pool orders typically dispatch within 1-3 business days of receiving your order. Transit times may vary based on your location but generally range from 3-7 business days to most areas (Monday through Friday). Delivery hours are typically between 8 a.m. and 5 p.m., although this may vary depending on the carrier. Once the shipment arrives at your local terminal, the carrier will contact you to schedule a delivery appointment at your home. Please note that orders shipping to a business address may not receive notification prior to delivery.
7. Order Times for Non-Freight Items
   1. Orders are typically shipped via FedEx® Ground. Our shipping services are limited to the 48 contiguous states, and we do not deliver to P.O. boxes.
8. Copyright, Fraud & Limited Right to Use
   1. The materials on the Website, including but not limited to content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other related aspects, are protected by applicable copyrights, trademarks, registered trademarks, and other proprietary rights, including intellectual property rights. Any copying, redistribution, use, or publication of such materials or any part of the Website by you is strictly prohibited. Viewing materials on the Website does not grant you ownership rights to any content, document, or other materials. Posting information or materials on the Website does not waive any rights to such information and materials. By accepting our terms and conditions, you acknowledge that the information supplied in this form is accurate and that you consent to adhere to the Terms and Conditions of use of this Website. Please be aware that your order may be canceled without prior notice if it is found that false or deceptive information was provided, if there has been a violation of the Terms and Conditions of use, or if other abuses have been detected as determined by BrightWater Pools at its sole discretion. When you view, print, or download any content, graphic, form, or document from the Website, you receive a restricted, non-exclusive license for personal use only. This license is strictly for your personal utilization and does not authorize republication, distribution, assignment, sublicense, sale, creation of derivative works, or any other form of use. None of the content, forms, or documents may be replicated in any manner or incorporated into any information retrieval system, electronic or mechanical, except for personal use (and not for resale or redistribution). We retain the right, at our sole discretion, to edit or delete any documents, information, or other content visible on the Website, including this Agreement, without providing further notice to users of the Website.
9. Safety Notice
   1. Customers are discouraged from installing any devices, products, or items (collectively, “Third Party Items”) on or to the pool other than those items directly provided for sale by BrightWater Pools. BrightWater Pools is not liable or responsible for any damages caused by or personal injuries sustained from any Third Party Items. This includes, but is not limited to, any slides and diving boards.
   2. Customers are hereby instructed NEVER to jump or dive into the pool. The pools provided by BrightWater Pools are considered shallow pools and any diving or jumping may result in injuries, including paralysis or death. BrightWater Pools is not responsible for any injuries sustained as a result of jumping or diving into the pool.
   3. Customers are instructed not to engage in any wrestling or horseplay in BrightWater pools because such conduct is dangerous and can result in injuries, including drowning. BrightWater Pools is not responsible for any injuries sustained as a result of unsafe activities in the pool.
   4. Prior to guests using an above ground pool or semi-inground pool, ensure they receive a safety briefing. Adult supervision should always be provided for children using the pool.
   5. By signing this Agreement, you acknowledge that swimming in a BrightWater pool is an inherently dangerous activity and assume the risk on behalf of yourself and your guests.
   6. Also note that your local township may mandate a pool alarm for above ground or semi-inground swimming pools. Please consult your local township for further details on applicable requirements. It is the customer’s sole responsibility to consult with local legal requirements prior to purchasing BrightWater pools, and returns or credits will not be allowed due to failure to comply with local ordinance requirements.
10. Hold Harmless & Indemnification
    1. By agreeing to this Agreement, you consent to indemnify, defend, and absolve us, as well as our partners, attorneys, staff, and affiliates (collectively referred to as “Affiliated Parties”), from any liability, loss, claim, or expense, including reasonable attorney’s fees (collectively, “Claims”), arising from your violation of this Agreement or use of the Website, including, but not limited to, any Claims from any third-parties, guests and licensees.
    2. BrightWater pool warranties are non-transferable between parties in a private sale of a BrightWater pool.
11. Disclaimer
    1. The information from or through the Website are provided “as is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems, or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we and our Affiliated Parties are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. This Website and the information therein would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation, or guarantee not expressly stated in this Agreement.
12. Limitations
    1. We disclaim all responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document. We will not be liable to you for any incidental, special, or consequential damages of any kind that may result from the use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services, or information.
13. Use of Information
    1. We retain the right, and you grant us authorization, to utilize and assign all information related to your use of the site, as well as any information you provide, in a manner consistent with our Privacy Policy.
14. Third Party Services
    1. We may provide access to or promote third-party merchant sites (“Merchants”) where you can purchase or obtain certain goods or services. You acknowledge that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not involved in the transactions between you and Merchants. By using such Merchants, you agree that it is at your own risk and without any warranties from us, whether expressed, implied, or otherwise, including warranties of title, fitness for a particular purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damages arising from transactions between you and Merchants or for any information found on Merchant sites or any other site linked to ours. While on such sites, you will be subject to all rules, policies (including privacy policies), and operating procedures of Merchants. We are not accountable for information you provide to Merchants. We and the Merchants operate independently, and neither party has the authority to make representations or commitments on behalf of the other.
15. Payment
    1. You affirm and guarantee that when purchasing items from Us or our Merchants, (a) any credit card information you provide is accurate, valid, and complete, (b) charges made by you will be approved by your credit card company, and (c) you will settle the charges incurred by you at the advertised prices, inclusive of any shipping costs and applicable taxes.
16. Links to Third-Party Websites
    1. The Website may include links to other websites. We do not take responsibility for the content, accuracy, or opinions expressed on such websites, and we do not actively investigate, monitor, or verify the accuracy or completeness of these websites. The inclusion of any linked website on our Website does not signify our approval or endorsement of that linked website. If you choose to leave our Website and visit these third-party sites, you do so at your own risk.
17. User Submissions
    1. Any suggestions, ideas, notes, concepts, and other information you may submit to Us (“Submissions”) shall be considered and remain our exclusive property and will not be subject to any confidentiality obligation on our part. Without limiting the above, we are considered to possess all known and future rights of any kind and nature concerning the Submissions and are entitled to unrestricted utilization of the Submissions for any purpose, without compensating the provider of the Submissions.
18. User Email
    1. BrightWater Pools retains the authority to contact you via email. Emails may be sent for marketing, feedback, special offers and promotions, or to confirm the accuracy of account details, including your correct name and address. This verification process is necessary to ensure that you receive the requested information from BrightWater Pools accurately.
19. Product Colors
    1. While the swimming pool images and products showcased on our website closely resemble the true colors, variations may occur due to differences in computer monitors and display devices.
20. Privacy Policy
    1. Our Privacy Policy is also part of this Agreement, and it may change without notice.
21. Waiver of Jury Trial
    1. Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to this agreement, including any exhibits, schedules, and appendices attached to this agreement, or the transactions contemplated by it. Each party certifies and acknowledges that it (1) has considered the implications of this waiver, (2) makes this waiver knowingly and voluntarily, and (3) has been induced to enter into this agreement by, among other things, the mutual waivers and certifications in this section.
22. Arbitration
    1. Any controversy or claim arising out of or relating to this contract or its breach shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The agreement of the parties to arbitrate covers all disputes of every kind relating to or arising out of this Agreement, as well as any claim based on tort or any other causes of action relating to the transactions contemplated by this Agreement. The forum for the arbitration shall be Wayne County, State of Michigan (USA). Each party shall bear its own fees and expenses regarding the arbitration and any related proceeding, and the parties shall share equally the fees and expenses of the American Arbitration Association and the arbitrators. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. The arbitrators shall have power and authority to award any remedy or judgment that could be awarded by a court of law in the state of Michigan. The award rendered by arbitration shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction in the United States.
23. Choice of Forum 
    1. In the event that the above arbitration clause is deemed unenforceable, then each party irrevocably and unconditionally agrees that it will not bring any action, litigation, or proceeding against any other party in any way arising from or relating to this Agreement in any forum other than the courts of the state of Michigan sitting in Wayne County and any applicable Michigan appellate court. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of those courts and agrees to bring any such action, litigation, or proceeding only in those courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
24. Choice of Law
    1. This Agreement and all related documents, and all matters arising out of or relating to this Agreement as well as all claims for torts arising out of using the pools or products subject to this Agreement, are governed by, and construed in accordance with, the laws of the state of Michigan, without regard to its conflict of laws provisions to the extent that those principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Michigan. 
25. Attorney Fees
    1. In the event Customer commences legal proceedings and is deemed unsuccessful, then Customer shall reimburse BrightWater Pools for all of its reasonable legal fees and costs in defending itself.
26. Merger
    1. This Agreement constitutes the sole and entire agreement of the parties to this Agreement regarding its subject matter and supersedes all prior and contemporaneous statements, understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter.