Terms of Use

1. Who we are, and your agreement to these Terms

This website is operated by Cabana Pool Service LLC, doing business as Cabana Pools ("Cabana," "we," "us," "our"), a California limited liability company at 1223 Cleveland Ave. Ste 200-305, San Diego, CA 92103. We hold California Contractors State License Board license #1133031.

These Terms of Use govern your use of cabanapools.com, quote.cabanapools.com, and any other site or page we operate that links to them (together, the "Site").

You accept these Terms when you sign, or electronically accept, an agreement with us that refers to them. If you have not done that, these Terms still apply to your use of the Site as a statement of the conditions on which we make it available — but Section 15 (arbitration and class action waiver) does not apply to you, and nothing on this page requires you to arbitrate anything. Our Privacy Policy is part of these Terms and applies to your use of the Site either way.

Our Privacy Policy describes analytics and advertising technologies that begin collecting information as soon as you open a page, and explains that calls to and from the numbers on the Site are recorded. Please read it before continuing to use the Site.

If you buy pool service from us, a separate service agreement covers that work. Where that agreement and these Terms conflict, the service agreement controls for the service itself, and these Terms continue to govern your use of the Site.

2. Who may use the Site

You must be at least 16 years old to use the Site, and at least 18 and able to enter a binding contract to buy service. If you are using the Site for a business, you confirm you are authorized to bind it. We currently serve customers in California only.

3. What the Site is — and is not

The Site is marketing and informational material. Nothing on it is an offer capable of acceptance, a binding quote, or professional advice about your pool, your equipment, or your water chemistry.

• Prices shown are estimates. Published price ranges reflect typical pricing for a standard residential pool in a given area. Your actual price depends on pool size, condition, equipment, access, and location, and is set in the quote or service agreement we give you — not by a figure on a page.
• Availability varies. Listing a city or a service does not guarantee we can serve your address or perform that work on your equipment.
• Guides are general. Our articles are not a substitute for inspection by a qualified technician. Pool chemicals and pool equipment can cause serious injury if mishandled. Follow the manufacturer's instructions and applicable law.
• Reviews are other people's experiences. They are not a promise of the result you will get.

4. Recurring service, billing, and cancellation

Our routine maintenance plans are recurring services. Unless your service agreement says otherwise:

• Service continues on a recurring basis, and is billed on a recurring basis, until you cancel.
• There is no long-term contract and no cancellation fee. You may cancel at any time.
• To cancel, email hello@cabanapools.com or call (888) 817-4115. We will confirm in writing. Cancellation takes effect at the end of your current billing period, and we will not start a new billing period after you cancel.
• Price changes will be notified to you at least 30 days in advance. If you do not want the new price, cancel before it takes effect.

The specific terms that apply to your plan — including the amount, the billing interval, the renewal terms, and how to cancel — are set out in the service agreement and confirmation we give you when you sign up. Those documents control.

5. Our satisfaction guarantee

Where we advertise a satisfaction guarantee, this is what it means: if you are not satisfied with a maintenance visit, tell us within 7 days of that visit and we will re-service the pool at no charge. If we still cannot meet your standard, we will refund the amount you paid for that visit.

The guarantee applies to routine maintenance visits, is limited to re-service or a refund of the visit, and does not cover conditions outside our control — storms, heavy debris, bathers, equipment failure, work performed by others, or water conditions caused by chemicals added by someone else. It does not limit any rights you have under law, and nothing in this section replaces a warranty we give you in writing on repair or installation work.

6. Communications from us

When you give us your contact details, you agree we may contact you about your quote, appointments, and service. Details of call recording, texts, and how to stop marketing messages are in our Privacy Policy. Agreeing to receive marketing calls or texts is never a condition of buying service from us. Reply STOP to end texts. Message and data rates may apply.

7. Content you send us

You do not need an account to use the Site, and there are no public forums on it. If you send us content anyway — a photograph of your pool, a review, a testimonial, a job application, or feedback ("Your Content") — then:

• You keep ownership of Your Content. You give us a non-exclusive, royalty-free licence to use it for the purpose you sent it for — for example, to diagnose the problem in the photo, to consider your application, or, where you have submitted a review or testimonial, to publish it in our marketing.
• You can withdraw that licence at any time by emailing hello@cabanapools.com. We will stop using Your Content going forward and remove it from material we control within a reasonable time. We cannot recall copies already distributed or printed.
• You confirm Your Content is yours to send, is accurate, and does not infringe anyone else's rights or privacy.
• Please do not send us confidential or sensitive personal information, ideas you expect to be paid for, or anything you do not want us to have.

If you publish a review of us anywhere, it is yours and it is your honest opinion to give. We will never ask you to remove a truthful review, condition service on a positive review, or penalise you for a negative one.

8. Acceptable use

You agree not to:

• Break the law, infringe anyone's rights, or help anyone else do either;
• Submit false information, someone else's contact details, or a request for service at an address you have no right to;
• Scrape, crawl, harvest, or bulk-download the Site or its content except as a well-behaved search engine crawler obeying our robots directives;
• Use the Site's content to train a machine-learning model without our written permission;
• Attempt to breach or test the security of the Site, interfere with its operation, or introduce malicious code;
• Reverse engineer or copy any part of the Site, or frame or mirror it; or
• Use the Site to send unsolicited commercial messages.

We may suspend or block access to the Site for any breach of this section, and may report unlawful activity.

9. Our intellectual property

The Site and its content — text, photographs, video, graphics, layout, software, and the Cabana name, logo, and wordmark — are owned by us or our licensors and are protected by copyright, trademark, and other laws. You may view, print, and share pages for your own non-commercial use, keeping any notices intact. Everything else requires our written permission, which you can request at hello@cabanapools.com.

10. Other sites we link to

The Site links to and embeds material from third parties, including Google Maps and YouTube. We do not control those services and are not responsible for their content or their privacy practices. A link is not an endorsement or a claim of affiliation.

11. Accessibility

We want the Site to be usable by everyone, and we are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have trouble using any part of the Site, or need information from it in another format, contact us at hello@cabanapools.com or (888) 817-4115 and we will help you get what you need and work to fix the problem. We welcome reports of accessibility barriers.

12. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

This section applies to the Site. It does not disclaim any warranty on the pool services we actually perform for you — those are covered by your service agreement, our written warranties, and the guarantee in Section 5. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

13. Limitation of liability

SUBJECT TO THE PARAGRAPHS BELOW, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING OUT OF YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, willful injury to the person or property of another, or violation of law, whether willful or negligent — California Civil Code section 1668 does not permit those to be limited. Nothing in these Terms limits liability for death or personal injury caused by our negligence, or any other liability that cannot be limited under California law. This section limits liability arising from the Site; it does not cap our liability for property damage or injury arising out of pool service work performed at your property, which is addressed in your service agreement and covered by our insurance.

Nothing in these Terms waives or limits any right you have under the California Consumers Legal Remedies Act (Civil Code section 1750 et seq.), the Unfair Competition Law (Business and Professions Code section 17200 et seq.), or any other right that cannot be waived under California law. Any purported waiver of an unwaivable right is void, and its invalidity does not affect the rest of these Terms.

14. Indemnity

You agree to indemnify and hold harmless Cabana and its officers, employees, and agents from third-party claims, damages, and reasonable costs (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of law, or content you sent us. This does not apply to the extent a claim arises from our own negligence or misconduct, and it does not apply to any claim you bring against us. We will let you know promptly of any claim we seek indemnity for and let you participate in its defense.

15. Dispute resolution, arbitration, and class action waiver

15.1 Let's try to fix it first

Most problems can be sorted out quickly. Before starting arbitration or a lawsuit, you agree to send us a written Notice of Dispute, and we agree to send you one, giving the other side 60 days to resolve it informally.

Send yours to hello@cabanapools.com or to Cabana Pool Service LLC, Attn: Legal, 1223 Cleveland Ave. Ste 200-305, San Diego, CA 92103. It must include your name, the address or phone number associated with your service, a description of the problem, and what you want us to do. The same obligation applies to us, in the same way, before we start anything against you. Either of us may ask for an individual settlement conference during those 60 days, by phone or video, and you may attend with or without a lawyer. The 60 days pauses any limitation period.

15.2 Agreement to arbitrate

If the informal process does not resolve it, you and Cabana agree that disputes between us will be resolved by binding individual arbitration rather than in court, except as stated in 15.3. This covers disputes arising out of or relating to the use, payment, or provision of the pool services you buy from us, and your use of the Site in connection with those services, whether in contract, tort, statute, or equity — including a claim that arose before you accepted these Terms if it relates to the services you later bought or to the marketing that led you to buy them. It survives the end of our relationship.

Consistent with California Civil Code section 1670.15, this section does not apply to any dispute unrelated to the use, payment, or provision of those services. The Federal Arbitration Act governs this section, including its enforceability.

This section binds Cabana too. We give up the same rights you do, and we may not bring a class or representative claim against you either.

15.3 What is not covered

Either of us may still:

• Go to small claims court for a dispute within that court's jurisdiction, so long as it stays there and stays individual; and
• Seek public injunctive relief in court. Nothing in these Terms waives, limits, or sends to arbitration your right to seek public injunctive relief on behalf of the general public under California law. If you assert such a claim, it is heard in court and the rest of the dispute is arbitrated; the court claim is paused until the arbitration finishes unless the court orders otherwise.

Section 15 also does not apply at all to:

• Repair or installation work on residential property of four or fewer units. Arbitration of a dispute about that work is governed only by the separately-initialed "ARBITRATION OF DISPUTES" provision in your signed contract for that work, as California Business and Professions Code section 7191 requires, and not by this section.
• Employment. Any claim arising out of employment or an application for employment with Cabana is governed only by a separate agreement, if any, and not by this section.

Asking a court for provisional relief to preserve the position pending arbitration does not waive this section.

15.4 Class action waiver

Arbitration will be conducted only on an individual basis. You and Cabana each waive the right to bring or participate in a class, collective, consolidated, mass, or representative action, and to act as a class representative or class member. Except as provided in 15.5, the arbitrator may not preside over any class or representative proceeding, and may award relief only to the individual party seeking it — except that nothing in this paragraph limits the relief a court or an arbitrator may award on a claim for public injunctive relief under California law, or on any representative claim that cannot be waived under law.

This paragraph does not waive or limit any right under the California Consumer Privacy Act. California Civil Code section 1798.192 voids any provision of a contract, including a representative action waiver, that purports to waive rights under that Act, and nothing here attempts to. This paragraph also does not apply to the public-injunctive-relief claims described in 15.3.

If a court decides this paragraph is unenforceable as to a particular claim or request for relief, that claim or request is severed and proceeds in court, and every other claim proceeds in arbitration. Severance under this paragraph or under 15.12 does not invalidate this section as to anything else.

15.5 Coordinated and mass filings

If 25 or more arbitration demands raising substantially similar claims are filed against Cabana by or with the coordination of the same lawyer or firm within a 90-day period, they will be administered in batches of up to 50, each batch before a single arbitrator, with one set of fees per batch. Batches will be administered concurrently, and every demand will be assigned to a batch and an arbitrator appointed within 120 days of filing. The parties may use the outcomes of early batches to try to resolve the rest, including through mediation.

No arbitrator's decision in any batch, including any batch heard early, is binding on or precedent for any other claimant. Every claimant keeps the right to an individual determination of their own claim on its own merits, with their own discovery and their own hearing. Limitation periods for demands awaiting assignment are paused. This paragraph exists to make large numbers of similar claims workable and affordable, not to delay them, and either side may ask the administrator to adjust the process for fairness.

15.6 How arbitration works

• Administrator and rules: the American Arbitration Association under its Consumer Arbitration Rules in effect when the demand is filed, as modified here. If the AAA will not administer it, the parties will agree on another established administrator, or a court may appoint one. Rules are at adr.org or by calling 1-800-778-7879.
• Where: at your election, the county where you live or San Diego County, California. For claims under $25,000 you may choose to have it decided on documents alone, or by telephone or video, without appearing in person.
• Arbitrator: a single neutral arbitrator, selected under the AAA rules, who must be a retired judge or a lawyer with relevant experience.
• Applicable law: the arbitrator applies California substantive law and must honor applicable limitation periods and privileges.
• Discovery and hearing: the arbitrator will allow the discovery reasonably necessary to a fair hearing of the claims, and either party may bring witnesses and evidence and cross-examine.
• Decision: a written award stating the essential findings and conclusions, enforceable in any court with jurisdiction.
• A hearing if you want one: notwithstanding AAA Rule R-1(f) and Procedure D-1(b), which make a documents-only process the default below $25,000 unless the parties agree otherwise, if either party asks for a hearing there will be one — at your election by video, by telephone, or in person in the county where you live. This paragraph is that agreement.

15.7 Who pays

For any claim you bring as a consumer, Cabana pays all AAA filing, administrative, and arbitrator fees, other than the initial filing fee the consumer rules assign to you, which we will reimburse on request. You will never have to pay more to arbitrate than it would have cost you to file the same claim in court. Each side pays its own attorneys' fees and its own witness costs, except that the arbitrator may award attorneys' fees and costs where a statute or these Terms allow it — statutory fee-shifting rights are fully preserved. The arbitrator may reallocate fees only for a claim or defense found to be frivolous or brought for an improper purpose, applying the standard of Federal Rule of Civil Procedure 11.

15.8 What the arbitrator can decide

The arbitrator may award any individual remedy a court could award on the same claim, including statutory and punitive damages and, where a statute allows, attorneys' fees. The arbitrator decides questions about the interpretation, applicability, and enforceability of this section, except that a court — not the arbitrator — decides the enforceability and interpretation of the class action waiver in 15.4, of the public-injunctive-relief carve-out in 15.3, and of the mass-filing procedure in 15.5.

15.9 If we do not pay on time

If Cabana fails to pay arbitration fees or costs when due, you may treat that as a material breach of this section, withdraw the claim from arbitration, and proceed in court, and you may seek any remedy California law provides for that failure, including your fees and costs.

15.10 Your right to opt out — 30 days

You may reject this Section 15 within 30 days of the date you accepted an agreement that refers to these Terms. If you are not sure of that date, ask us and we will tell you. Send us written notice at hello@cabanapools.com with the subject "Arbitration Opt-Out", or by mail to the address in 15.1, including your name and the email address, phone number, or service address you use with us, and a statement that you reject the arbitration agreement.

That is all it takes. Opting out is free, applies to all disputes between us, and will not affect your service, your price, or how we treat you in any way. The rest of these Terms still applies, and disputes would then be resolved in the courts identified in Section 16.

15.11 Changes to this section

If we change Section 15, the change does not apply to any dispute for which a Notice of Dispute was already given, or to any claim already filed. Material changes give you a fresh 30-day right to opt out from the date we post them.

15.12 Survival and severability

This section survives the end of these Terms and of our relationship. If any part of this section is found unenforceable, that part is severed to the minimum extent necessary and the rest of this section remains in full effect. This includes 15.4: a holding that the class action waiver is unenforceable, whether as to one claim or as to all claims, severs only that waiver as to the affected claims, which then proceed in court, and does not invalidate this section as to anything else. No part of this section is a condition of any other part.

16. Governing law and where disputes are heard

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 15.

For any dispute not subject to arbitration — because it falls within Section 15.3, because you opted out under 15.10, or because a court finds arbitration unenforceable — venue lies in the superior court of the county where you live or where the service address is located, or in the federal district court embracing that county, and each of us consents to personal jurisdiction there. You also keep the right to bring a qualifying claim in small claims court where you live.

For any claim that is heard in court, we do not ask you to waive a jury trial. A pre-dispute jury waiver is not enforceable in California, and we do not attempt one.

17. Changes to these Terms, and to the Site

We may update these Terms. We will change the "Last updated" date and, for material changes, post a notice on the Site. Material changes take effect 30 days after they are posted and apply only to your use of the Site after that date. Continuing to use the Site after that means you accept the updated Terms. If you do not accept them, stop using the Site. We may also change, suspend, or discontinue any part of the Site.

18. General

• Severability. If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force.
• No waiver. If we do not enforce a provision, we have not waived it.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets; your rights under Section 15 travel with the assignment.
• Force majeure. Neither of us is liable for delay caused by events beyond reasonable control, including fire, flood, storm, earthquake, power failure, or government action.
• Entire agreement. These Terms and the Privacy Policy are the whole agreement about the Site. Your service agreement governs the service.
• Headings and examples are for convenience. "Including" means "including without limitation".

19. Contact us, and licensing

Cabana Pool Service LLC (dba Cabana Pools)
1223 Cleveland Ave. Ste 200-305
San Diego, CA 92103
hello@cabanapools.com
(888) 817-4115

Cabana is licensed by the California Contractors State License Board, license #1133031. Contractors are required by law to be licensed and regulated by the CSLB, which has jurisdiction over complaints about licensed contractors. You can reach the CSLB at 1-800-321-CSLB (2752), cslb.ca.gov, or P.O. Box 26000, Sacramento, CA 95826.