Terms & Conditions
Welcome to the Webster & Sons Pools & Construction website (the “Site”). These Terms and Conditions (“Terms”) govern your access to and use of this Site, as well as any services, products, or information provided by Webster & Sons Pools & Construction, LLC (“we,” “us,” or “Company”). By accessing or using this Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, please do not use the Site or request any services.
1. Definitions
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“Client,” “you,” or “your” refers to any individual or entity that visits the Site, requests information, or enters into an agreement for services with Webster & Sons Pools & Construction.
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“Services” means any pool construction, home construction, outdoor living design, installation, financing, or layaway plans offered by the Company.
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“Site Content” includes all text, images, graphics, videos, logos, software, code, designs, and other materials displayed on or through this Site.
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“Agreement” refers to any contract—written or electronic—between you and the Company for the performance of Services.
2. Acceptance of Terms
By accessing this Site or using any Services, you represent that you are at least eighteen (18) years old and have the legal capacity to enter into binding contracts. If you access or use this Site on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
3. Use of Site
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Permitted Use
a. You may browse and use the Site solely for personal, noncommercial purposes and to inquire about or obtain Company Services.
b. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission. -
Account Registration
a. Certain portions of the Site may require you to create an account or provide contact information. You agree to provide true, accurate, and complete information when registering.
b. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. -
Prohibited Conduct
You agree not to:-
Use the Site in any manner that violates applicable laws or regulations.
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Interfere with or disrupt networks, servers, or security features of the Site.
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Upload, post, or transmit any content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable.
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Collect or harvest any personally identifiable information from other users without their consent.
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Attempt to reverse-engineer, decompile, or disassemble any software or code underlying the Site.
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4. Services
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Scope of Services
Webster & Sons Pools & Construction offers:-
Custom in-ground pool design and installation.
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Home improvement and construction services (e.g., patios, hardscaping, renovations).
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Outdoor living area design (e.g., pool houses, pergolas, outdoor kitchens).
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Layaway and financing options (“Layaway Plan”).
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Consultations, inspections, and site evaluations.
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Quotes and Estimates
a. All estimates provided are based on initial site assessments and are subject to change if additional work or materials become necessary.
b. Unless otherwise specified in writing, estimates expire thirty (30) days from the date issued. -
Contract Formation
a. A binding Agreement for Services is formed only once both parties have signed (physically or electronically) a written contract outlining the scope of work, price, payment terms, and project timeline.
b. Any verbal or email discussions do not constitute a binding contract unless confirmed in the signed Agreement.
5. Layaway and Payment Terms
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Layaway Plan Overview
a. We offer a “Same-as-Cash for 6 Months” Layaway Plan on qualifying pool installations and construction projects.
b. No credit check is required.
c. To secure your project under the Layaway Plan, a non-refundable deposit of 10% of the total project cost is due upon signing. -
Payment Schedule
a. The remaining balance is divided into equal monthly installments over six (6) months.
b. Each installment is due on the same day of each month as the date you signed the Agreement.
c. If payment is not received within five (5) business days of the due date, a late fee of 5% of the missed installment may be assessed. -
Ownership and Default
a. Title to any materials purchased specifically for your project remains with the Company until the full project balance is paid.
b. In the event of payment default (failure to pay two (2) consecutive installments), we reserve the right to suspend work and/or cancel the project. At cancellation, you forfeit any payments made, and the Company may retain any materials or equipment already purchased or fabricated. -
Financing Option
a. Financing through a third-party lender may be available upon request and is subject to the lender’s approval, terms, and interest rates.
b. Any financing agreements are between you and the lender; the Company does not underwrite or guarantee financing approval. -
Refunds and Cancellations
a. Deposits and payments applied to work in progress are non-refundable.
b. If you cancel prior to the start of work, all funds paid (excluding the deposit) will be refunded within thirty (30) days.
c. If you cancel after work has commenced, you remain responsible for all costs incurred up to the date of cancellation, including materials, labor, and any applicable restocking or cancellation fees.
6. Pricing & Taxes
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Project Pricing
a. All prices are expressed in U.S. Dollars.
b. Unless specified otherwise, prices do not include sales tax, permit fees, or utility connection fees, which are your responsibility. -
Price Increases
a. Should the cost of materials or labor increase between the date of estimate and the date of commencement, we will notify you to reconcile any difference.
b. You may accept or reject any price adjustment in writing. If you reject, we reserve the right to terminate the Agreement and refund any payments (less the deposit and any work already performed). -
Sales Tax
a. Applicable state or local sales tax will be added to all charges for materials and services as required by law.
b. If you qualify for a tax-exempt purchase (e.g., government entity), you must provide valid tax-exempt documentation before any work begins.
7. Warranties & Disclaimers
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Limited Workmanship Warranty
a. We warrant that all installation and construction work will be free from defects in workmanship for a period of one (1) year from the date of project completion (the “Warranty Period”).
b. This warranty does not cover: -
Normal wear and tear, including fading, discoloration, or minor surface cracks.
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Damage caused by improper maintenance, misuse, abuse, or failure to follow care instructions.
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Acts of God, natural disasters, or other events beyond our control.
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Manufacturer Warranties
a. Equipment, fixtures, or materials supplied by third parties (e.g., pool pumps, heaters, stone pavers) are covered by the respective manufacturer’s warranty.
b. We will facilitate any warranty claims on your behalf, but final coverage is determined by the manufacturer. -
Disclaimer of Other Warranties
EXCEPT FOR THE EXPRESS WRITTEN WARRANTIES SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
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Disclaimer of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSTER & SONS POOLS & CONSTRUCTION, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -
Total Liability Cap
OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO US FOR THE SPECIFIC PROJECT OR SERVICE AT ISSUE, NOT TO EXCEED $10,000.
9. Intellectual Property
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Ownership
All Site Content (including but not limited to text, graphics, logos, images, videos, and software) is the property of Webster & Sons Pools & Construction or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. -
Use License
You are granted a limited, non-exclusive, non-transferable license to access and use the Site for its intended purpose. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any Site Content without our prior written consent. -
Trademarks
“Webster & Sons Pools & Construction,” the Company logo, and other graphics, logos, page headers, button icons, and scripts are our trademarks or those of third parties. You may not use these marks in any manner without our prior written permission.
10. User-Generated Content
If you submit any text, images, designs, ideas, feedback, or other content (“User Content”) to the Site (e.g., through a contact form, social media link, or review feature), you grant Webster & Sons Pools & Construction a perpetual, irrevocable, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, distribute, and display such User Content in any media, now known or hereafter developed.
11. Third-Party Links & Services
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External Links
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, privacy practices, or accuracy of any linked sites. -
Third-Party Products
Any reference to third-party products, services, or suppliers does not constitute or imply Company endorsement or sponsorship.
12. Privacy Policy
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Our Privacy Policy governs how we collect, use, and disclose personal information. By using the Site, you consent to our collection and use of information as described in the Privacy Policy.
13. Indemnification
You agree to defend, indemnify, and hold harmless Webster & Sons Pools & Construction, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
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Your use or misuse of the Site or Services.
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Your breach of these Terms.
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Your violation of any applicable law or the rights of a third party.
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Any User Content you submit.
14. Termination
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Termination by You
You may stop using the Site at any time. -
Termination by Company
We may suspend or terminate your access to the Site or refuse to provide Services at our discretion, without notice and for any reason, including if you violate these Terms. -
Effect of Termination
Upon termination, all licenses and rights granted to you in these Terms will immediately cease, and you must promptly destroy any downloaded or printed Site Content.
15. Governing Law & Dispute Resolution
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Governing Law
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflicts of law principles. -
Venue
Any legal action or proceeding relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Richmond County, North Carolina. -
Arbitration
At our option, any dispute arising out of or relating to these Terms may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Richmond County, North Carolina, and the arbitrator’s decision will be final and binding.
16. Changes to Terms
We reserve the right to modify or update these Terms at any time. If we make material changes, we will notify you by posting a notice on the Site or by sending you an email (if you have provided one). Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
17. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.
18. Waiver
No waiver by Webster & Sons Pools & Construction of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default. Failure to insist on strict performance of any provision is not a waiver of our right to enforce that provision later.
19. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Webster & Sons Pools & Construction, LLC
613 Airport Road,
Rockingham, NC 28379
Phone: (910) 434-8334
Email: hayli@websterandsonsllc.com
Website: websterandsonsnc.com
Thank you for choosing Webster & Sons Pools & Construction. We look forward to helping you bring your pool and construction dreams to life!
