Terms of Use

These Terms of Use (the "Terms") govern your access to and use of the website at https://awex.co (the "Site") operated by AWEX Arizona Pool Care, operating under the legal name published on the Site when available, or under the names "AWEX" and "Arizona Pool Care" as used on the Site (the "Company," "we," "us," or "our").

By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

These Terms cover Site use only. Pool care services, pricing, and customer obligations are governed by a separate written service agreement or statement of work when we enter one with you. If a service agreement conflicts with these Terms on a service matter, the service agreement controls for that matter.

The Site is intended for users who are at least 18 years old and who can form a binding contract under applicable law. You may not use the Site if you are prohibited from receiving services under Arizona or U.S. law.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site for lawful purposes: learning about our services, requesting quotes, contacting us, and (if you are a customer) using portals or links we provide to you.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Site or its software except as allowed by law or with our prior written consent. We may suspend or terminate access at any time if we believe you violated these Terms or if needed for security or operational reasons.

Guides, glossaries, pool chemistry explanations, tips, photographs, service descriptions, and other content on the Site are for general information only. Arizona pools vary by equipment, water source, weather, and condition. Site content is not a substitute for an on-site assessment, professional diagnosis, or licensed engineering or contractor advice.

We do not guarantee that following any guide will achieve a particular water chemistry result, equipment outcome, or safety condition. Always follow manufacturer instructions and applicable codes. If you face an emergency (electrical hazard, structural failure, or unsafe water), contact appropriate emergency or licensed professionals.

Submitting a quote form is an invitation for us to contact you and discuss possible service. Quotes, price ranges, and timeline statements on the Site or in follow-up communications are estimates unless we expressly state otherwise in a signed or clearly accepted written service agreement.

Estimates may change after we learn more about your pool, access, equipment, water condition, or schedule. No Site content creates a binding contract for services until both parties agree in writing (including electronic acceptance of a service agreement we provide).

You agree not to:

• Misuse forms, portals, or token links (including scraping, flooding, or submitting false contact information)
• Attempt unauthorized access to accounts, admin tools, other customers' report or repair links, or our systems
• Interfere with Site security, rate limits, or availability
• Upload malware, or content that is unlawful, harassing, or infringing
• Use the Site to send spam or to harvest personal information
• Impersonate another person or misrepresent your affiliation
• Use automated means to access the Site in a way that overloads or distorts our systems, except for ordinary search engine indexing of public pages

Private token links for onboarding, service reports, and repair approvals are confidential. Do not post them publicly or use them to access information that is not yours.

The Site, including text, design, graphics, logos, marks, layout, and software, is owned by the Company or its licensors and is protected by intellectual property laws. "AWEX," "Arizona Pool Care," related logos, and distinctive brand elements are trademarks or trade dress of the Company (or used under license).

You may not use our marks without prior written permission, except for truthful, non-misleading references that comply with applicable trademark law (nominative fair use).

If you submit ideas, suggestions, testimonials, photos, or other content to us through the Site ("Submissions"), you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and display those Submissions for operating, improving, and marketing our business, subject to our Privacy Policy and any written agreement that says otherwise.

You represent that you have the rights needed to grant this license and that your Submissions do not violate law or third-party rights. We are not obligated to use any Submission or to keep it confidential unless we agree in writing or privacy law requires confidentiality for the personal information involved.

The Site may link to third-party websites or resources. We do not control and are not responsible for their content, policies, or practices. Linking does not imply endorsement.

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that content will be accurate or complete. Some jurisdictions do not allow certain disclaimer limitations; in those jurisdictions, our disclaimers apply to the fullest extent permitted.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR SITE CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNTS YOU PAID TO US SOLELY FOR SITE-RELATED FEES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY). THE SITE IS GENERALLY PROVIDED WITHOUT A SEPARATE ACCESS FEE.

These limitations do not limit liability for death or personal injury caused by our gross negligence or willful misconduct, for fraud, or for any other liability that Arizona law does not allow to be limited or excluded. Nothing in these Terms limits rights you may have under non-waivable consumer protection laws.

Liability for contracted pool services is addressed in the applicable service agreement, not by expanding Site liability beyond this section.

You will defend, indemnify, and hold harmless the Company and its owners, employees, contractors, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Site, forms, or token portals; (b) your Submissions; (c) your violation of these Terms; or (d) your violation of law or third-party rights. We may assume exclusive defense at our expense; you will cooperate reasonably.

Before filing a formal claim related to the Site or these Terms, you agree to contact us through the methods published on the Site and try in good faith to resolve the dispute informally for at least thirty (30) days after we receive a written description of the issue (unless a shorter period is required to preserve rights under a statute of limitations or for injunctive relief).

These Terms are governed by the laws of the State of Arizona, excluding conflict-of-law rules that would require applying another jurisdiction's laws.

Exclusive venue for disputes arising out of or relating to the Site or these Terms lies in the state courts located in Maricopa County, Arizona, or in the United States District Court for the District of Arizona when federal jurisdiction applies. You and we consent to personal jurisdiction in those courts.

Claims must be brought in an individual capacity. These Terms do not include a class action waiver beyond requiring individual litigation in the venues above. If a court finds any venue or process term unenforceable as to you as a consumer, that term will be modified only to the minimum extent required, and the remainder will continue.

We may suspend or stop providing the Site (or any part of it) at any time. Provisions that by their nature should survive (including intellectual property, disclaimers, limitations of liability, indemnity, and governing law) will survive termination.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and us regarding Site use, and supersede prior understandings on that subject. They do not replace separate service contracts.

We may update these Terms by posting a revised version on the Site and changing the "Last updated" date. Material changes take effect when posted, or later if we state a later date. Continued use after changes become effective constitutes acceptance, except where law requires a different method.

Questions about these Terms: use the phone number, email address, or contact form published on https://awex.co (including /contact).