These terms and conditions of use (“Terms”) govern your use of Matthew Mahan Inc DBA Pristine Pools (the “Company”) website (the “Site”). You must to comply with the Terms if you want to visit or use the Site. By using the Site, you automatically agree to the Terms, and the Terms are an agreement between you and the Company.
1.	The Company owns the Site.
Other than embedded videos or other materials made available for viewing that are hosted on third-party sites (such as Vimeo or YouTube videos) or as otherwise indicated on the Site, the Site and any materials made available for download or viewing are the property of the Company. The Company is protected by United States and international intellectual property, copyright, and trademark laws. The contents of the Company website, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved by the Company, including the provision of services or products to the Company, or in connection with a business relationship with the Company. You may not frame or utilize framing techniques to enclose or link to, any name, trademarks, service marks, logo, or other proprietary information (such as images, text, page layout, or form) from the Site without the Company’s express written consent.
2.	Do not give out your username or password.
3.	The Company can terminate your account and access to the Site.
The Company may, in its sole discretion, at any time and for any reason, terminate your access to the Site with or without cause, terminate this agreement (meaning the Terms – remember that these terms are an agreement between you and the Company), and suspend or delete your username and password and account. The Company may also block your access to the Site. If the Company decides to take any of the above-listed actions, your account may be disabled and you may not be granted access to your account or any files or other content contained in your account. The Company reserves the right to refuse service to anyone at any time without notice for any reason.
4.	You agree to indemnify the Company for any damage you cause.
5.	You cannot use the Site if you are under thirteen years of age.
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY COMPANY-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
8.	Limitation of liability regarding use of the Site.
THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND ANY ASSOCIATED SERVICES.
9.	Revisions to the Terms, termination of access to the Site, mandatory arbitration, and choice of law and venue.
The Company will try work in good faith to resolve any issue you have with these Terms, if you bring your issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and the Company agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms and any other contractual relationship between you and the Company.
If you desire to assert a claim against the Company, and you therefore elect to seek arbitration, you must first send to the Company, by certified mail, a written Notice of your claim (“Notice”). The Notice to the Company should be addressed to: Pristine Pools 4909 North US1 Unit B6, Cocoa FL, 32927(“Notice Address”). If the Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by the Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.