Terms of service

OVERVIEW

Welcome to Summerweenie Pools LLC. The terms “we,” “us,” and “our” refer to Summerweenie Pools LLC. Summerweenie Pools LLC operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Summerweenie Pools LLC is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every reasonable effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device, display settings, lighting, photography, and other factors.

We do not warrant that the appearance or quality of any product or service purchased will meet every personal expectation or appear exactly the same as displayed online.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Summerweenie Pools LLC reserves the right to accept or decline an order for any lawful reason at our discretion.

Your order is not accepted until we confirm acceptance and successfully process payment.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has entered processing or production.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided with the order.

Purchases are subject to our Refund Policy.

You represent and warrant that purchases are for your own personal or household use unless otherwise agreed by us in writing.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will appear in your order confirmation.

Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.

Prices offered through our online store may differ from prices offered at markets, events, physical locations, or third-party marketplaces.

We may offer promotions that are governed by separate terms. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information.

You represent and warrant that payment information you provide is accurate, that you are authorized to use the payment method provided, and that charges incurred will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, severe weather, natural disasters, customs processing, transportation disruptions, incorrect customer information, or events outside our reasonable control.

Shipping terms, processing estimates, and available destinations are described in our Shipping Policy.

Customers are responsible for providing a complete and accurate shipping address.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brand names, logos, text, graphics, product photography, original artwork, product reviews, video, audio, website design, and other content, are owned by Summerweenie Pools LLC, our affiliates, licensors, or other rights holders and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Unless expressly permitted by law or authorized by us in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, license, or commercially exploit our protected content.

Nothing in these Terms grants you ownership of or a license to our trademarks, copyrights, product designs, artwork, photographs, website content, or other intellectual property except as expressly stated.

Summerweenie Pools LLC names, logos, designs, product names, and slogans may be trademarks or other protected intellectual property and may not be used without permission.

Shopify’s names, logos, products, and trademarks belong to Shopify or its respective rights holders.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, features, or services offered by third parties that we do not control.

Such tools are provided “as is” and “as available” without warranties, representations, conditions, or endorsement from us.

Your use of optional third-party tools is at your own risk and discretion. You should review and understand the terms and privacy practices of the third-party provider before using those tools.

We may add new features, tools, or resources in the future. These will also be considered part of the Services and may be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, embedded features, or materials provided or operated by third parties.

We are not responsible for examining or evaluating third-party content, accuracy, policies, products, services, or websites.

If you choose to access a third-party website or service, you do so at your own risk.

We are not responsible for harm or damages resulting from third-party websites, products, services, resources, or transactions.

Questions, complaints, or claims regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Summerweenie Pools LLC is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Summerweenie Pools LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for the products you purchase from us or for claims arising from transactions between you and Summerweenie Pools LLC, except to the extent otherwise required by law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled according to our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information in connection with providing and improving the Services.

Information submitted through the Services may also be shared with payment processors, shipping providers, service providers, analytics providers, advertising partners, or other parties as described in our Privacy Policy.

Shopify maintains its own privacy policies governing its processing activities.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, photographs, videos, or other content (“Feedback”), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback in connection with operating, improving, marketing, and promoting our Services, subject to applicable law.

You represent and warrant that you own or have permission to provide any Feedback you submit and that doing so does not violate the rights of another person or entity.

If you received compensation, free products, discounts, or other incentives connected to Feedback, you are responsible for making any legally required disclosures.

You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information when necessary.

If an error materially affects an order, we may contact you to provide options, including cancellation and refund where appropriate.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations, infringe intellectual property rights, harass or harm others, transmit malicious code, engage in fraud, impersonate another person, distribute spam, interfere with website security, scrape or collect data in violation of applicable law or our restrictions, or otherwise misuse the Services.

You may not attempt to bypass security protections, access controls, rate limits, robot exclusions, CAPTCHA systems, or other technical safeguards.

We reserve the right to suspend, restrict, or terminate access when we reasonably believe the Services are being misused.

SECTION 14 - AUTOMATED AGENTS

Automated tools, software agents, bots, crawlers, or similar systems must comply with applicable law and our technical access controls.

Automated systems may not misrepresent their identity, bypass CAPTCHA systems or access controls, interfere with normal operation of the Services, collect personal information unlawfully, or circumvent measures intended to restrict automated access.

We may limit or block automated access where necessary to protect our website, customers, systems, or intellectual property.

SECTION 15 - TERMINATION

We may terminate or restrict access to the Services when permitted by law, including when these Terms are violated.

You remain responsible for amounts lawfully due through the date of termination.

Sections that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, limitations of liability, indemnification, governing law, privacy, and other continuing obligations.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general informational purposes.

Except where prohibited by law, the Services and products are provided “as is” and “as available,” without warranties or conditions beyond those expressly stated by us or required by applicable law.

We do not guarantee that use of the Services will always be uninterrupted, secure, timely, or error-free.

Some jurisdictions do not permit certain exclusions or limitations of warranties, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUMMERWEENIE POOLS LLC AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITIES, OR SIMILAR LOSSES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Summerweenie Pools LLC, Shopify, and our respective affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses, damages, and reasonable legal fees arising from your violation of these Terms, violation of applicable law, infringement of another party’s rights, or misuse of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with policies and rules posted on the Services, constitute the agreement between you and Summerweenie Pools LLC regarding your use of the Services, except where separate written terms expressly apply.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services are governed by applicable United States federal law and the laws of the State of Washington, without regard to conflict-of-law principles.

To the extent permitted by law, disputes arising from these Terms or the Services will be subject to the jurisdiction of appropriate state or federal courts located in Washington.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service at any time on this page.

We reserve the right to update or modify these Terms by posting revised terms on our website.

Where required by law, we will provide additional notice of material changes.

Changes become effective on the date specified in the updated Terms or notice.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Summerweenie Pools LLC
Auburn, Washington 98001
United States
Email: info@summerweeniepools.com