Tiger Pool and Patio, LLC
Terms and Conditions
Last updated October 2, 2026
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS (ALONG WITH OUR PRIVACY POLICY AND COOKIE POLICY, THE “TERMS”) FULLY AND CAREFULLY BEFORE USING “TIGERPOOLANDPATIO.COM” (THE “WEBSITE” OR “SITE”)
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTION.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TIGER POOL AND PATIO, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. FOR FULL ELIGIBILITY AND ACCESS REQUIREMENTS GOVERNING USE OF THIS WEBSITE, INCLUDING RESIDENCY REQUIREMENTS AND ACCOUNT SECURITY OBLIGATIONS, PLEASE REFER TO THE WEBSITE TERMS OF USE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Website. These Terms are subject to change by TIGER POOL AND PATIO, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Update” Date referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Update” Date will constitute your acceptance of and agreement to such changes.
These Terms are incorporated into and an integral part of the Website Terms of Use (available at https://www.tigerpoolandpatio.com/terms-of-use) that apply generally to the use of our Site. You should also carefully review our Privacy Policy (available at https://www.tigerpoolandpatio.com/privacy-policy) before placing an order for products or services through this Site (see Section 10).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Orders for construction or maintenance services are additionally subject to the terms of the applicable Client Agreement and Project Exhibit and the Website Terms of Use available at https://www.tigerpoolandpatio.com.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes. All applicable taxes will be added to your total and will be itemized in your order confirmation. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express, and checks for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. Payment for construction and maintenance services, including deposits, progress payments, final payment, late fees, payment disputes, and suspension of work for nonpayment, shall be governed by the applicable Client Agreement and Project Exhibit. For information regarding how your payment data is collected and processed, please refer to our Privacy Policy.
4. Service Scheduling and Delivery.
(a) Upon acceptance of your order, we will contact you to schedule services at your location. Please check the individual service page for available scheduling options. Scheduling is subject to availability and may be affected by weather conditions, permit requirements, subcontractor availability, or other factors outside our reasonable control, as further described in Section 10.
(b) Scheduled service dates are estimates only and cannot be guaranteed. We are not liable for any delays in service resulting from factors outside our reasonable control, including weather conditions, permit or inspection delays, or subcontractor unavailability. For additional detail, see the Force Majeure provision in Section 10.
5. Cancellation and Refunds. Cancellation of construction or maintenance service orders is governed exclusively by the applicable Client Agreement and Project Exhibit, including any deposit, change order, and cancellation provisions set forth therein. We do not accept returns of equipment or materials supplied as part of a construction or maintenance service. Refund requests arising from service disputes shall be addressed in accordance with the dispute resolution process set forth in Section 12 of these Terms. We reserve the right to decline any refund request that we determine, in our sole discretion, to involve fraud or abuse.
For information on how payment data is collected and processed, please refer to our Privacy Policy available at https://www.tigerpoolandpatio.com/privacy-policy.
Approved refunds will be processed within approximately three (3) business days and credited back to the same payment method used to make the original payment. All payment disputes and refund requests relating to construction or maintenance services are governed by the applicable Client Agreement and Project Exhibit.
6. Warranty and Disclaimers.
(a) Equipment and Materials Warranty Disclaimer. Tiger Pool and Patio, LLC supplies and installs equipment and materials as part of its construction and maintenance services but does not manufacture such equipment or materials. All equipment and materials supplied by Tiger Pool and Patio, LLC are provided "as is" without any warranty from Tiger Pool and Patio, LLC, express or implied. Any product warranties applicable to installed equipment or materials are provided exclusively by the original manufacturer. Tiger Pool and Patio, LLC disclaims all implied warranties with respect to supplied equipment and materials, including merchantability and fitness for a particular purpose. For the avoidance of doubt, no warranty for construction or maintenance services is created by information displayed on the Website alone; any such warranty must be set forth in a Client Agreement.
(b) EXCEPT AS SET FORTH IN SECTION (d) BELOW WITH RESPECT TO WEBSITE PRODUCT PURCHASES, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Third-Party Products. Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with or separate from, the Goods. Third-Party Products are not covered by any warranty from Tiger Pool and Patio, LLC. For the avoidance of doubt, TIGER POOL AND PATIO, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, AND SUCH PRODUCTS ARE PROVIDED “AS IS”, INCLUDING WITHOUT ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Any Third-Party Products offered on our Site are covered by the applicable manufacturer's warranty, if any, included with the product. To obtain warranty service for defective Third-Party Products, please follow the instructions in the relevant manufacturer’s warranty.
(d) Limited Warranty for Website Product Purchases; Notice of Defect. Tiger Pool and Patio, LLC warrants that products purchased directly through this Website (excluding equipment or materials supplied as part of construction, installation, maintenance, or repair services) will be free from material defects in materials for a period of thirty (30) days from the date of delivery to Buyer (the "Warranty Period"). This limited warranty applies solely to product purchases made through this Website and does not apply to construction, installation, maintenance, repair, or workmanship services, all of which are governed exclusively by the applicable Client Agreement and Project Exhibit, including the one (1) year workmanship warranty set forth therein. To make a warranty claim, Buyer must provide written notice to Seller within the Warranty Period, describing the alleged defect in reasonable detail, but in no event later than ten (10) days after discovery of the alleged defect. Such notice must be submitted to warranty@tigerpoolandpatio.com. Failure to provide written notice of a defect within the Warranty Period shall constitute a waiver of any warranty claim with respect to such defect. All warranty claims are subject to inspection and verification by Seller prior to any repair, replacement, or credit being authorized. No term of these Terms and Conditions or this Website creates, expands, reduces, or modifies any warranty set forth in a Client Agreement. Such warranty shall apply for a period of thirty (30) days from the date of delivery of the Goods to Buyer (the "Warranty Period"). To make a warranty claim, Buyer must provide written notice to Seller within the Warranty Period, describing the alleged defect in reasonable detail, but in no event later than ten (10) days after discovery of the alleged defect. Such notice must be submitted to warranty@tigerpoolandpatio.com. Failure to provide written notice of a defect within the Warranty Period shall constitute a waiver of any warranty claim with respect to such defect. All warranty claims are subject to inspection and verification by Seller prior to any repair, replacement, or credit being authorized. Warranty terms for construction and maintenance services, including the one (1) year workmanship warranty, are governed exclusively by the applicable Client Agreement and Project Exhibit. No term of these Terms and Conditions or this Website creates, expands, reduces, or modifies any warranty set forth in a Client Agreement.
(e)The Seller shall not be liable for a breach of the warranty set forth in Section (d) above if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.
(f)Subject to (d) and (e) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller.
(g)THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION.
(h) Wear and Tear Disclaimer. Tiger Pool and Patio, LLC is not responsible for damage to installed equipment, materials, or constructed improvements resulting from normal wear and tear, natural deterioration of materials over time, exposure to pool chemicals, environmental conditions, or misuse. Normal wear and tear, including but not limited to, surface fading, corrosion, scaling, and deterioration of materials over time, is not considered a defect and is not covered under any warranty provided by Tiger Pool and Patio, LLC.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
BUYER SHALL INDEMNIFY SELLER FROM, AND DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST, ANY LOSSES SUFFERED, INCURRED OR SUSTAINED BY SELLER OR TO WHICH SELLER BECOMES SUBJECT, RESULTING FROM, ARISING OUT OF OR RELATING TO ANY CLAIM OF A THIRD-PARTY PRODUCT: (I) THAT THE GOODS INFRINGE UPON THE PROPRIETARY OR OTHER RIGHTS OF ANY THIRD PARTY, TO THE EXTENT CAUSED BY BUYER'S MODIFICATION OF THE GOODS OR BUYER'S USE OF THE GOODS IN A MANNER NOT AUTHORIZED BY SELLER; AND (II) OF LOSS OR DAMAGE RESULTING FROM BUYER'S MISUSE OF THE THIRD-PARTY GOODS. THIS INDEMNIFICATION SHALL NOT APPLY TO CLAIMS ARISING FROM SELLER'S SELECTION, SPECIFICATION, OR INSTALLATION OF THIRD-PARTY PRODUCTS.
7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR PURSUANT TO A CLIENT AGREEMENT. NOTHING IN THESE TERMS SHALL BE CONSTRUED TO WAIVE OR LIMIT TIGER POOL AND PATIO, LLC'S MECHANIC'S LIEN RIGHTS UNDER MISSOURI REVISED STATUTES CHAPTER 429. TO THE EXTENT A SIGNED CLIENT AGREEMENT CONTAINS MECHANIC'S LIEN PROVISIONS, THE CLIENT AGREEMENT'S MECHANIC'S LIEN PROVISIONS SHALL CONTROL OVER THIS SECTION. TO THE EXTENT A SIGNED CLIENT AGREEMENT CONTAINS MECHANIC'S LIEN PROVISIONS, THE CLIENT AGREEMENT'S MECHANIC'S LIEN PROVISIONS SHALL CONTROL OVER THIS SECTION.
The limitation of liability set forth above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct, (ii) death or bodily injury resulting from Seller’s acts or omissions, and (iii) shall only apply to the extent permitted by law. With respect to construction and maintenance services, the sole and exclusive remedy of the Customer for any warranty claim shall be the repair of the defect as set forth in the applicable Client Agreement and Project Exhibit. In no event shall Tiger Pool and Patio, LLC, be liable for special, incidental, or consequential damages of any kind arising out of or relating to construction or maintenance services.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the State of Missouri, which constitutes our geographic service area as set forth in the Website Terms of Use.
9. Pool Safety and Barrier Compliance. Pool and spa safety requirements - including fencing, self-latching gates, safety covers, and barrier requirements - vary by municipality and county throughout the State of Missouri. IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER TO DETERMINE AND MAINTAIN ONGOING COMPLIANCE WITH ALL APPLICABLE LOCAL POOL SAFETY ORDINANCES, CODES, AND REGULATIONS AFTER PROJECT TURNOVER, INCLUDING ANY REQUIREMENTS ADOPTED OR AMENDED AFTER CONSTRUCTION IS COMPLETE. Tiger Pool and Patio, LLC does not represent or warrant that any completed pool or spa installation will satisfy all applicable local safety requirements, and the Company is not responsible for the property owner's post-installation compliance with any such requirements. We strongly recommend that property owners contact their local building department or zoning authority to confirm all applicable pool safety and barrier requirements before construction begins. The Company's safety obligations are limited to compliance with applicable building codes in effect at the time of construction as required by permits issued for the project. BY ACCEPTING THESE TERMS, YOU RELEASE AND HOLD HARMLESS TIGER POOL AND PATIO, LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, FINES, CITATIONS, PENALTIES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM OR RELATED TO YOUR FAILURE TO COMPLY WITH APPLICABLE LOCAL POOL SAFETY ORDINANCES, CODES, OR REGULATIONS AFTER PROJECT TURNOVER, INCLUDING CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR GOVERNMENTAL ENFORCEMENT ACTIONS. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM THE COMPANY'S OWN NEGLIGENCE, WILLFUL MISCONDUCT, OR FAILURE TO COMPLY WITH APPLICABLE BUILDING CODES DURING CONSTRUCTION.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available at https://www.tigerpoolandpatio.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. SMS/Text Messaging. If you opt in to receive SMS/text messages from Tiger Pool and Patio, LLC, your participation in the SMS/text messaging program is governed by the Company's SMS/Text Messaging Terms and Conditions and Privacy Policy.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, fire, flood, tornado, severe weather, ice storms, earthquake, pandemic, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, lockouts, strikes or other labor disputes (whether or not relating to our workforce), supply chain disruption, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, utility failures, telecommunication breakdown or power outage, permit or inspection delays, adverse weather conditions affecting construction or installation, or subcontractor unavailability beyond our reasonable control.In the event of a force majeure event, we will provide prompt written notice to the affected customer describing the nature of the event and its expected duration, and will use commercially reasonable efforts to resume performance as soon as practicable. For the avoidance of doubt, a force majeure event does not excuse the customer's obligation to pay for work already performed or materials already delivered prior to the occurrence of the force majeure event.
12. Governing Law and Jurisdiction. This Site is operated from the State of Missouri. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.
13. Dispute Resolution and Binding Arbitration.
(a) YOU AND TIGER POOL AND PATIO, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE THAT IS NOT GOVERNED BY A SIGNED CLIENT AGREEMENT, WILL FIRST BE SUBJECT TO A THIRTY (30) DAY INFORMAL DISPUTE RESOLUTION PERIOD. THE PARTY ASSERTING THE CLAIM MUST FIRST SEND TO THE OTHER PARTY A WRITTEN NOTICE OF DISPUTE DESCRIBING THE NATURE OF THE CLAIM AND THE RELIEF SOUGHT. THE PARTIES SHALL THEN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE DURING SUCH THIRTY (30) DAY PERIOD. IF THE DISPUTE IS NOT RESOLVED WITHIN SUCH THIRTY (30) DAY PERIOD, IT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, AS SET FORTH IN THE WEBSITE TERMS OF USE. FOR CONSTRUCTION, INSTALLATION, OR MAINTENANCE SERVICES GOVERNED BY A SIGNED CLIENT AGREEMENT, ALL DISPUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS OF THE APPLICABLE CLIENT AGREEMENT, INCLUDING THE THIRTY (30) DAY INFORMAL RESOLUTION PERIOD, AAA ARBITRATION, MISSOURI GOVERNING LAW, AND PROJECT-RELATED VENUE RULES SET FORTH THEREIN. FOR CONSTRUCTION, INSTALLATION, OR MAINTENANCE SERVICES GOVERNED BY A SIGNED CLIENT AGREEMENT, ALL DISPUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS OF THE APPLICABLE CLIENT AGREEMENT, INCLUDING THE THIRTY (30) DAY INFORMAL RESOLUTION PERIOD, AAA ARBITRATION, MISSOURI GOVERNING LAW, AND PROJECT-RELATED VENUE RULES SET FORTH THEREIN.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 13; provided, however, that disputes arising out of or relating to construction, installation, or maintenance services governed by a signed Client Agreement shall be administered under the AAA Commercial Arbitration Rules and shall be subject to the arbitration and venue provisions of the applicable Client Agreement. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) Unless otherwise specified in the applicable Client Agreement, the arbitration shall take place in Jackson County, Missouri, or through virtual means as agreed upon by the parties. The laws of the State of Missouri will govern the substance of any dispute, and the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. For any dispute or matter that is not subject to arbitration under this Section 12, including actions to enforce an arbitration award and applications for emergency or temporary injunctive relief, the parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Missouri. This exclusive jurisdiction provision is consistent with the companion Website Terms of Use.
14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. NOTWITHSTANDING THE FOREGOING, CLAIMS ARISING OUT OF OR RELATING TO CONSTRUCTION OR MAINTENANCE SERVICES SHALL BE GOVERNED BY THE APPLICABLE STATUTORY LIMITATION PERIODS UNDER MISSOURI LAW, INCLUDING WITHOUT LIMITATION MISSOURI REVISED STATUTES 516.097. THIS LIMITATION PERIOD IS INTENDED TO ALIGN WITH THE LIMITATION ON TIME TO FILE CLAIMS SET FORTH IN THE WEBSITE TERMS OF USE.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of TIGER POOL AND PATIO, LLC.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Tiger Pool and Patio, LLC may use licensed subcontractors in the performance of construction and maintenance services. Any liability of subcontractors is limited to the scope of the applicable Client Agreement, as set forth in the Website Terms of Use. NOTICE REGARDING MECHANIC'S LIEN RIGHTS: YOU ARE HEREBY NOTIFIED THAT TIGER POOL AND PATIO, LLC AND ITS SUBCONTRACTORS AND MATERIAL SUPPLIERS MAY HAVE THE RIGHT TO ASSERT A MECHANIC'S LIEN AGAINST YOUR PROPERTY UNDER MISSOURI REVISED STATUTES CHAPTER 429 FOR UNPAID WORK, LABOR, OR MATERIALS. SUBCONTRACTOR AND SUPPLIER LIEN RIGHTS MAY ATTACH TO YOUR PROPERTY EVEN IF YOU HAVE PAID TIGER POOL AND PATIO, LLC IN FULL FOR THE WORK. TO THE EXTENT A SIGNED CLIENT AGREEMENT CONTAINS MECHANIC'S LIEN PROVISIONS, THE CLIENT AGREEMENT'S MECHANIC'S LIEN PROVISIONS SHALL CONTROL OVER THIS SECTION.
18. Notices.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery or overnight courier to 100 W. Kansas St., Liberty, MO 64068; or (ii) by registered or certified mail to 100 W. Kansas St., Liberty, MO 64068; or (iii) by email to help@tigerpoolandpatio.com .We may update the address or email for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.Notices provided by email will be effective when sent, provided no delivery failure notification is received.
19. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms
20. These Terms and Conditions, together with the Website Terms of Use (available at https://www.tigerpoolandpatio.com/terms-of-use), the Privacy Policy (available at https://www.tigerpoolandpatio.com/privacy-policy), and the Cookie Policy (available at https://www.tigerpoolandpatio.com/cookie-policy), each as published on the Company's website at https://www.tigerpoolandpatio.com, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms with respect to online purchases and transactions not governed by a signed Client Agreement. For any construction, installation, maintenance, repair, project, or related service governed by a written Client Agreement, Project Exhibit, invoice, Estimate, or change order signed by Tiger Pool and Patio, LLC and the client, that written agreement shall control over these Terms and Conditions. In the event of a conflict between these Terms and Conditions and the Website Terms of Use with respect to online purchases or transactions not governed by a signed Client Agreement, these Terms and Conditions shall control. In the event of a conflict between these Terms and Conditions and the Website Terms of Use with respect to all other matters, including dispute resolution, limitation periods, governing law, and arbitration, the Website Terms of Use shall control.
21. Portfolio and Photography Authorization. By placing an order for construction, installation, or maintenance services, you hereby grant Tiger Pool and Patio, LLC a non-exclusive, royalty-free, perpetual, irrevocable license to photograph, video record, and otherwise capture images of all completed construction, installation, and maintenance work performed on your property, and to use, reproduce, distribute, display, and publish such images and video in the Company's portfolio, website, social media accounts, marketing materials, advertising, and other promotional purposes. The Company will not display your name, street address, or other personally identifiable information in connection with such images or video without your prior written consent. You may opt out of this photography authorization by providing written notice to the Company before commencement of work on your property; such opt-out notice must be delivered in accordance with the notice provisions set forth in Section 18 of these Terms or, if applicable, the notice provisions of the Client Agreement. To the extent a signed Client Agreement contains portfolio or photography authorization provisions, the Client Agreement's provisions shall control over this section. This license shall survive the termination or expiration of any service agreement or Client Agreement between you and the Company. You represent and warrant that you have full right and authority to grant the license set forth in this section with respect to the property where services are performed, including any necessary consents from co-owners, tenants, or other parties with an interest in the property.
22. Contact Information.
TIGER POOL AND PATIO, LLC
100 W. Kansas St.
Liberty, MO 64068
Email: help@tigerpoolandpatio.com