1). Introduction
Welcome to Silverline Pools (“Company”, “we”, “our”, “us”). These Terms and Conditions (“Terms”) outline your relationship with Silverline Pools (the “Service”) provided by Silverline Pools. Please take the time to read these Terms carefully before using our Service. By accessing and using the Service, you agree to comply with these Terms. These Terms apply to all visitors, users, and anyone else who accesses or uses the Service.
2). Use of Our Service
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Service.
3). Intellectual Property
The Service and its original content, features, and functionality are the exclusive property of Silverline Pools and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Silverline Pools.
4). Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including, but not limited to, a breach of these Terms. Upon termination, your right to use the Service will immediately cease.
5). Privacy Policy
Please review our Privacy Policy carefully to understand how we collect and use data or information from our website users and customers.
6). Website Information
A. Accuracy of Information
We strive to ensure that all information on our website—such as product descriptions, pricing, services, and availability—is accurate and current. However, errors, inaccuracies, or omissions may occur from time to time. We reserve the right to correct any errors or omissions and to update information at any time without prior notice.
B. Content Use
All content on this website, including text, images, graphics, and videos, is provided for informational purposes only. While we make every effort to provide reliable and accurate information, it should not be the sole basis for making decisions regarding pool construction, maintenance, or related services. The content on this website does not replace professional advice. We recommend consulting a qualified pool construction or maintenance professional before making any decisions.
C. User-Generated Content
Any content submitted by users, such as comments, reviews, or testimonials, must comply with our content guidelines. We reserve the right to remove or edit any user-generated content that we find inappropriate, offensive, or in violation of our terms.
7). Services Provided
Silverline Pools offers the following services in Knoxville and East Tennessee:
- Pool Construction
- Pool Maintenance
- Pool Repairs
- Pool Equipment Repairs
- Hot Tub and Spa Installations
- Pool Landscaping
8). Indemnification
You agree to indemnify, defend, and hold harmless Silverline Pools, along with its officers, directors, employees, agents, contractors, and affiliates (collectively, the “Indemnified Parties”), from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in connection with:
I. Your Use of Our Services
Any misuse or unauthorized use of our services, including pool construction, maintenance, repairs, and installations, that results in damage, injury, or loss.
II. Breach of Terms
Any breach or violation of these Terms by you, including any representations, warranties, or covenants you make herein.
III. Third-Party Claims
Any claims brought by a third party resulting from your actions, omissions, or use of our products or services, including claims related to property damage, personal injury, or death.
IV. Violation of Laws
Any violation of local, state, federal, or international laws, regulations, or ordinances by you in connection with your use of our services or products.
V. Content Provided by You
Any content, including reviews, testimonials, or comments, that you submit, post, transmit, or otherwise make available through our website or services, and that infringes on the rights of any third party or causes harm or damage.
You agree to fully cooperate with the Indemnified Parties in defending any claim. Silverline Pools reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of Silverline Pools.
9). Limitation of Liability
Silverline Pools, along with its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, arising from:
(i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
10). Payment Policies
We accept various payment methods for your convenience, including credit cards (Visa, MasterCard, American Express, Discover), debit cards, electronic bank transfers, and checks. All payments must be made in U.S. dollars.
A. Late Payments
Payments are due on the dates specified in your contract. Any payment not received by the due date may incur a late fee of [percentage]% of the outstanding balance per month. We reserve the right to pause or cease work on your project until all overdue payments are received.
B. Non-Payment
If payment is not made according to the agreed schedule, Silverline Pools reserves the right to terminate the contract, retain any deposits or payments already made, and pursue legal action to recover the outstanding balance.
C. Change Orders
Any changes to the scope of work after the contract has been signed may require a change order. Additional costs associated with change orders must be approved and paid in full before the changes are implemented.
D. Refunds and Cancellations
Due to the custom nature of our services, all sales are final, and no refunds will be issued after the contract is signed and the deposit is paid. If the customer cancels the project, any work completed up to the point of cancellation will be billed and due immediately.
E. Tax and Additional Fees
All applicable sales taxes, permits, and fees are the responsibility of the customer and will be added to the total project cost. Any additional costs incurred during the project, such as unforeseen site conditions or changes in material prices, will be communicated to the customer and billed accordingly.
11). Governing Law
These Terms are governed and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law provisions.
Silverline Pools will comply with the following U.S. Federal and Tennessee State laws:
- Public Swimming Pool Safety Act of 1985: Tennessee Code Annotated (TCA) Title 68, Chapter 14
- Contractors Licensing Act of 1994: Tennessee Code Annotated (TCA) Title 62, Chapter 6
- Criminal Trespass and Vandalism: Tennessee Code Annotated (TCA) Title 39, Chapter 14
- Occupational Safety and Health Act (OSHA)
- Fair Labor Standards Act (FLSA)
- Environmental Protection Agency (EPA) Regulations
- Americans with Disabilities Act (ADA)
- Consumer Product Safety Act (CPSA)
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements.
12). Dispute Resolution
A. Informal Dispute Resolution
Before taking any legal action, please try to resolve any issues or complaints by contacting us directly at [email protected] or (865) 966-8419. We will work with you to try to settle the issue within 30 days.
B. Binding Arbitration
If we can’t resolve the issue informally, both you and Silverline Pools agree to handle the disagreement through arbitration rather than going to court. Arbitration is a private process where a neutral third party, called an arbitrator, makes a decision to resolve the issue. This process will take place in Lenoir City, Tennessee, and follow the rules set by the American Arbitration Association (AAA).
Arbitrator’s Authority: The arbitrator will have the authority to resolve all issues related to the dispute, including determining the validity of these Terms. The arbitrator’s decision is final and binding for both parties.
Final and Binding Decision: The decision made by the arbitrator is final and must be adhered to by both parties.
C. Class Action Waiver
You agree to resolve any disputes with us individually and not as part of a group or class action lawsuit. This means you cannot combine your claim with others or bring a lawsuit that represents a group of people.
D. Exceptions to Arbitration
There are exceptions to this arbitration agreement. For instance, either of us may go to court to protect our intellectual property, such as trademarks or copyrights, without needing to go through arbitration.
E. Costs of Arbitration
Each party is responsible for covering its own costs related to the arbitration, including legal fees, unless the arbitrator decides otherwise.
F. Confidentiality
All matters related to the arbitration process must be kept private. Neither party is allowed to share information about the arbitration with others unless it is necessary for the arbitration or required by law.
G. Severability
If any part of this Dispute Resolution section is found to be illegal or unenforceable, that specific part will be removed, but the rest of the section will still apply.
13). Links to Other Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Silverline Pools. We have no control over, and are not responsible for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about these sites, their content, or any products or services they offer.
You acknowledge and agree that Silverline Pools shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.
We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services you visit.
14). Changes
We reserve the right to modify or replace these Terms at our sole discretion at any time. If the changes are significant, we will try to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
15). Disclaimer
Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Silverline Pools does not guarantee that:
- The Service will operate uninterrupted, securely, or be available at any specific time or location;
- Any errors or defects will be corrected;
- The Service is free of viruses or other harmful components;
- The results from using the Service will meet your expectations;
- The product images displayed will match the color of the product delivered.
16). Contact Us
If you have any questions about these Terms, please contact us at:
Website: Silverlinepool.com
Address: 201 Wampler Dr, Lenoir City, TN 37772, United States
Phone: (865) 966-8419
Email: [email protected]