Terms of Service

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Clear Water-Co ("Company," "we," "us," or "our"), concerning your access to and use of the https://clearwater-co.com website and any related media (collectively, the "Site"). By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree, you must discontinue use immediately.

We reserve the right to make changes to these Terms at any time. Changes are effective when posted with an updated "Last Updated" date, and your continued use of the Site constitutes acceptance. The Site is intended for users at least 18 years old.

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content") and the trademarks, service marks, and logos (the "Marks") are owned or controlled by us and protected by copyright and trademark laws.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site for your personal, non-commercial use.

By using the Site, you represent and warrant that: (1) all information you submit is true, accurate, and complete; (2) you have the legal capacity to comply with these Terms; (3) you are not a minor; (4) you will not access the Site through automated means; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use will not violate any applicable law.

You may not access or use the Site for any purpose other than that for which we make it available. As a user, you agree not to:

• Systematically retrieve data to create a collection, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users.
• Circumvent, disable, or interfere with security-related features.
• Use the Site to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse.
• Upload or transmit viruses, Trojan horses, or other harmful material.
• Use automated systems, scripts, robots, or data mining tools.
• Attempt to impersonate another user or use another's username.
• Interfere with, disrupt, or create an undue burden on the Site.
• Harass, intimidate, or threaten our employees or agents.
• Copy, adapt, decompile, or reverse engineer any of the Site's software.
• Use the Site as part of any effort to compete with us.

Clear Water-Co uses third-party email and SMS marketing services. Additional SMS marketing fees may apply, as well as fees when exceeding 5,000 free monthly emails under the pricing structure.

Upon payment, you agree that all payments are final.

Credit and debit card payments

You consent to having charges automatically charged to your credit or debit card on the due date. Clear Water-Co is authorized to collect payment due (in full) by charging any credit or debit card provided to us by the client.

You may determine which payment method is preferred and are responsible for informing Clear Water-Co at least two (2) business days prior to the due date, as our payment system may automatically charge one of the cards on file that may not be your preferred method.

By opting in, you consent to receive SMS and email communications from Clear Water-Co related to appointments, services, customer support, and marketing. Message frequency may vary. Message and data rates may apply. You may opt out of SMS at any time by replying STOP, or unsubscribe from emails using the unsubscribe link. See our Privacy Policy for full details on consent, data handling, and opt-out procedures.

The Site may invite you to submit content such as reviews, comments, suggestions, photos, or other materials ("Contributions"). When you submit Contributions, you warrant they do not infringe third-party rights, are not false or misleading, are not unsolicited advertising or spam, and are not obscene, harassing, defamatory, or otherwise unlawful.

By posting Contributions, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and display them in connection with the Site and our business.

The Site may contain links to third-party websites and content that we do not control or monitor. We are not responsible for any third-party content, websites, or transactions, and you access them at your own risk.

We reserve the right, but not the obligation, to: monitor the Site for violations; take legal action against violators; refuse, restrict, or disable user Contributions; remove excessive or burdensome content; and otherwise manage the Site to protect our rights.

We care about data privacy and security. By using the Site you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States.

These Terms remain in effect while you use the Site. We reserve the right, in our sole discretion and without notice, to deny access to the Site for any reason, including breach of these Terms. If we terminate your access, you are prohibited from re-registering under any name.

We reserve the right to change, modify, or remove Site content at any time without notice. We cannot guarantee the Site will be available at all times and are not liable for any downtime, interruption, or discontinuance.

These Terms and your use of the Site are governed by the laws of the State of Texas, without regard to its conflict of law principles.

Informal Negotiations

The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If informal negotiations fail, disputes will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You understand that without this provision you would have the right to sue in court and have a jury trial.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding or pursued on a class-action basis.

Exceptions

Disputes seeking to enforce intellectual property rights, claims of theft or piracy, or claims for injunctive relief are not subject to the arbitration provisions.

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site. Our total liability to you for any cause will at all times be limited to $500.00 USD.

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising out of your Contributions, your use of the Site, your breach of these Terms, or your violation of any third-party rights.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

These Terms and any policies posted by us constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. If any provision is found unlawful or unenforceable, that provision is severable and does not affect the validity of the remaining provisions.

To resolve a complaint or for more information about use of the Site, please contact us at: