Terms of Service

Effective Date: February 6, 2026

1. Agreement to Terms

Welcome to Desert Tropics Custom Pools. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Desert Tropics Custom Pools ("Company," "we," "us," or "our") governing your access to and use of our website at https://deserttropicspools.com/, our pool building services, and any related communications, including SMS/text messaging services. By accessing our website, using our services, or opting in to receive text messages, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services

Desert Tropics Custom Pools provides custom pool design, construction, renovation, and related services in Arizona. Our services include but are not limited to pool design consultations, pool construction, pool renovation and remodeling, equipment installation, and ongoing maintenance services. Specific terms for individual projects will be outlined in separate written agreements or contracts.

3. SMS/Text Messaging Terms

3.1 Consent: By providing your mobile phone number and opting in to receive text messages from Desert Tropics Custom Pools, you expressly consent to receive recurring automated marketing and informational SMS/text messages. These messages may include appointment reminders, service updates, promotional offers, and other communications related to our pool building services.

3.2 Consent Not Required for Purchase: Your consent to receive text messages is not a condition of purchasing any goods or services from us.

3.3 Message Frequency: Message frequency varies. You may receive up to 10 messages per month.

3.4 Message and Data Rates: Message and data rates may apply. Please consult your wireless service provider for details regarding your text messaging plan and any applicable charges.

3.5 Opt-Out: You may opt out of receiving text messages at any time by replying STOP to any message. After sending STOP, you will receive a single confirmation message, and you will no longer receive text messages from us. If you wish to re-enroll, you may do so by following our standard opt-in process.

3.6 Help: For assistance, reply HELP to any message or contact us at info@deserttropics.com or 623-462-2682.

3.7 Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

3.8 Privacy: Your privacy is important to us. We will not sell, rent, or share your mobile phone number or SMS opt-in data with third parties for their marketing purposes. Please refer to our Privacy Policy for more information about how we handle your personal information.

4. User Representations

By using our services, you represent and warrant that: you are at least 18 years of age; you have the legal capacity to enter into these Terms; the information you provide to us is accurate and complete; you will not use our services for any illegal or unauthorized purpose; and you will comply with all applicable laws and regulations.

5. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, designs, and software, is the property of Desert Tropics Custom Pools or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESERT TROPICS CUSTOM POOLS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR THESE TERMS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8. Indemnification

You agree to indemnify, defend, and hold harmless Desert Tropics Custom Pools and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of our services, your violation of these Terms, or your violation of any rights of a third party.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website with an updated "Effective Date." Your continued use of our services after any modifications constitutes your acceptance of the revised Terms.

11. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Desert Tropics Custom Pools regarding your use of our website and services, and supersede all prior agreements and understandings.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at: