Terms & Conditions

2. No Unlawful Or Prohibited Use

As a condition of your use of this Site, you warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner, which could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.

3. Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Products And Services

The products and services made available on this Site are intended for personal use only or if you are an Authorized Reseller then solely for the purpose of purchasing Clarus Pool & Spa products for resale under our Reseller Policy. Except in the case of Authorized Resellers (see Reseller Policy), you may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Clarus Pool & Spa’s prior written consent. Clarus Pool & Spa and its suppliers may cancel or modify purchases on this Site if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms of service included on this Site, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to revise or discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5. Product Descriptions, Availability & Pricing

Clarus Pool & Spa attempts to be as accurate and complete as possible in describing its product merchandise. We do not guarantee that all product descriptions are accurate. In some cases, merchandise displayed on the Sites may not be available for sale or immediate shipping. Clarus Pool & Spa does not warrant that all product is available. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

All product prices on our Sites are quoted in U.S. Dollars.

6. Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate to the actual product.

7. Orders

At its sole discretion, Clarus Pool & Spa reserves the right to refuse, limit, edit, or delete accounts, or to cancel any order or restrict quantities purchased per person, per household, or per order. If your transaction has been confirmed for an order that is later canceled, Clarus Pool & Spa shall issue you a refund.

8. Coupon Codes

All coupon codes are valid for one-time use and cannot be combined with other offers, discounts, or promotions, unless explicitly stated. Coupons may not be applied retroactively to past purchases or to future subscription charges. Clarus Pool & Spa reserves the right to modify or cancel coupons at any time.

9. Subscribe & Save Program

Clarus Pool & Spa’s Subscribe & Save program provides customers with discounted replacement filters, automatically shipped to your door at the regular intervals you choose at checkout. Your credit card will be charged according to the subscription frequency chosen at checkout for the duration of your participation in the program.

By selecting the Subscribe & Save option and completing your purchase, you authorize Clarus Pool & Spa to charge your payment method on a recurring basis for the replacement filter(s) at the selected interval. You acknowledge that your subscription includes both an initial and recurring payment feature, and you accept full responsibility for all recurring charges incurred prior to cancellation.

You will receive your replacement filters at our best available pricing and enjoy free shipping on every Subscribe & Save order. Clarus Pool & Spa may submit recurring charges to your chosen payment method without requiring additional authorization, unless otherwise required by law. If your payment method fails or cannot be processed, we reserve the right to pause your subscription or cancel future shipments until the issue is resolved.

You may cancel, skip, or modify your Subscribe & Save subscription at any time through your account portal or by contacting Customer Support. In some cases, a minimum number of billing cycles may apply before cancellation is permitted. If a minimum term applies, it will be disclosed at the time of purchase.

You will receive a reminder email before each upcoming Subscribe & Save order. If we make changes to the product price, shipping schedule, or terms of your subscription, we will notify you in advance. Continued participation in the program after such updates constitutes your agreement to the revised terms.

You may cancel your Subscribe & Save subscription at any time through your subscription portal or by emailing us at support@claruspool.com. Cancellations or changes made through the portal must be completed by 4:00 PM PT on the day before your next order is scheduled to process.

Requests submitted via email must also be received by 4:00 PM PT on the day before your next scheduled order. If your order is set to process over a weekend, cancellation or change requests must be received by 4:00 PM PT on the Friday prior.

If you cancel or modify your subscription after the cutoff time, your next scheduled shipment will still be processed and charged. However, your changes will apply to future cycles. Subscribe & Save orders are eligible for return in accordance with our standard Return Policy.

10. Shipping, Carriers & Taxes

Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer or Authorized Reseller pay shipping costs and take responsibility for products when they leave the Clarus Pool & Spa warehouse(s). Any applicable shipping and handling charges will be clearly displayed at checkout.

All Clarus Pool & Spa products are delivered via unaffiliated, independent shipping carriers. We are not responsible for any damage, loss, or delay incurred once the product is in the possession of these third-party carriers.

Unless you provide a valid and applicable tax exemption certificate for the destination address prior to order acceptance, you are responsible for all sales tax and any other applicable taxes related to your order, excluding Clarus Pool & Spa’s franchise taxes and taxes on our net income. If applicable, a separate line item for tax will be shown during checkout.

11. Title & Risk Of Loss

Title to products passes from Clarus Pool & Spa to you upon shipment from our facility. Any loss or damage that occurs during shipping is your responsibility. Title to any software associated with your purchase will remain with the applicable licensor(s).

12. Return Policies

Except for Authorized Resellers, products purchased directly from this Site may be returned within thirty (30) days of the purchase date for a full refund, less shipping and handling. Only one opened package of any given product is eligible for return. All other items of the same product must remain factory sealed to qualify for a refund. The return policy for Authorized Resellers is outlined in our Reseller Policy.

13. Accounts

Some services on this Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password whether or not authorized. You agree to promptly notify us at support@claruspool.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.

Unless you provide a valid and applicable tax exemption certificate for the destination address prior to order acceptance, you are responsible for all sales tax and any other applicable taxes related to your order, excluding Clarus Pool & Spa’s franchise taxes and taxes on our net income. If applicable, a separate line item for tax will be shown during checkout.

14. Electronic Communications

When you use the Sites, send emails to us, or opt in to receive SMS text messages (as described in Section 16), you are communicating with us electronically. You consent to receive communications from us in electronic form. We may communicate with you by email, by posting notices on the Sites, or by sending SMS marketing messages.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. SMS/MMS Mobile Text Message Marketing Program

By participating in Clarus Pool & Spa’s mobile text message program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) to the mobile number provided. Consent is not a condition of purchase. Message and data rates may apply. You also agree to our Messaging Terms and Messaging Privacy Policy, which govern how we send and manage promotional text messages.

16. Forums / Blog / Social Media

“Forum” refers to any interactive area on Clarus Pool & Spa Sites or social media platforms that allows users to submit, post, display, or exchange content. This includes chat areas, message boards, comment sections, direct messaging, blogs, social media pages (e.g., Facebook, Instagram, Pinterest, Twitter), profile pages, and other communication tools (including features like “send-a-friend” emails or greeting cards).

You acknowledge that Forums are public, not private, and that you have no expectation of privacy in any content you submit. Any information you share may be read, collected, or used by others. Clarus Pool & Spa cannot guarantee the security or confidentiality of anything posted in these spaces, and you share information at your own risk.

By using a Forum, you agree not to post or transmit content that:

• Defames, harasses, threatens, or infringes on the legal rights (including privacy and publicity) of others.
• Makes false, misleading, or unverified claims about products or services, including testimonials for products you haven’t used.
• Includes unlawful, obscene, profane, defamatory, infringing, or otherwise objectionable material.
• Uploads content protected by intellectual property laws unless you own or have the right to share such material.
• Contains viruses, malware, corrupted files, or harmful code that could damage another user’s device or data.
• Advertises or solicits business, unless clearly allowed by the Forum guidelines.
• Promotes chain letters, surveys, contests, or pyramid schemes.
• Misrepresents the source of uploaded content or deletes proprietary notices or author attributions.
• Restricts or inhibits other users’ access or use of the Forum.
• Violates any applicable laws, regulations, or these Terms.

You are solely responsible for all content submitted under your username or account. Clarus Pool & Spa has no obligation to monitor Forums but reserves the right to review, edit, or remove any content for any reason, including content that violates the Federal Food, Drug, and Cosmetic Act or other applicable laws.

We may suspend or permanently revoke your Forum access at any time, without notice, for conduct we determine to be inappropriate, unlawful, or in violation of these Terms.

Please use caution when relying on third-party comments or posts. Clarus Pool & Spa does not endorse or guarantee the accuracy of user-submitted opinions, advice, or recommendations and expressly disclaims liability for any such content.

17. User Content (Feedback & Comments)

All comments, suggestions, reviews, ideas, proposals, images, artwork, or other materials submitted to Clarus Pool & Spa—whether requested or unsolicited and whether submitted via email, online forms, chat, mail, or otherwise (“User Content”)—will be considered the sole and exclusive property of Clarus Pool & Spa.

By submitting User Content, you grant us the unrestricted right to use, edit, copy, publish, translate, and distribute such content in any medium and for any purpose, without compensation or obligation to you. We are not obligated to treat User Content as confidential, nor to respond to any submission.

You agree that your User Content will not:

• Infringe upon the intellectual property, privacy, or publicity rights of any third party.
• Be libelous, obscene, offensive, unlawful, or harmful.
• Contain malware, viruses, or code designed to interfere with the operation of our Sites or services.
• Be submitted under false pretenses, impersonated identities, or misleading contact information.

Clarus Pool & Spa may, at its discretion, monitor, remove, or refuse to publish User Content that we determine to be in violation of these Terms, offensive, or inappropriate. You retain ownership of any original content you submit. However, by posting or submitting content to Clarus Pool & Spa, you grant us a non-exclusive, royalty-free, perpetual license to use, modify, and distribute that content in connection with our Services.

You remain fully responsible for any User Content you submit, and you assume all liability arising from it. Clarus Pool & Spa is not responsible for User Content submitted by others and will not be liable for any resulting damages or disputes.

Nothing in this section limits your rights under the Consumer Review Fairness Act. If your content constitutes a protected consumer review, you retain full ownership of the content but grant Clarus Pool & Spa a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, publish, and distribute that content.

18. User Generated Content

Clarus Pool & Spa values user contributions. Please review these guidelines to understand your rights and obligations when submitting content. When you post content that you have created (“User Generated Content”) using our Sites or Services, you acknowledge that your posts are public, for everyone to see, use, copy, and share. User Generated Content includes, but is not limited to, all communications, product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to our Sites.

We have no obligation, but reserve the right, to monitor, flag, delete, or refuse to reproduce any User Generated Content we believe may be in violation of these Terms, and to cancel any order(s) based on such User Generated Content.  Under no circumstances will Clarus Pool & Spa be liable in any way for any loss of any User Generated Content.  The Services are not intended as a storage depository for User Generated Content. You are responsible for retaining copies of your User Generated Content. We do not endorse any User Generated Content, or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the content posted by third parties.

You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media or technology now known or later developed, all User Generated Content, whether by email, uploading or otherwise. You will not be compensated for any User Generated Content. By sending User Generated Content to us, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Generated Content. You agree that Company may publish or otherwise disclose your name in connection with your User Generated Content. By posting content to Clarus Pool & Spa, you represent and warrant that:

• You understand you are participating in a public forum and that your User Generated Content and other personal data will be available to all other users of Clarus Pool & Spa Services;
• You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to use all intellectual property and other rights to enable inclusion and use of the content in the manner allowed by these Terms);
• You understand that your content may be utilized and distributed by Clarus Pool & Spa in its marketing materials;
• You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free products) or any other incentive (like entering a sweepstakes, or even receiving a coupon) in exchange for posting content (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in the same post. All disclosures must be made clearly and conspicuously;
• All “moral rights” that you may have in such content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the content that you submit, or any derivative works of or upgrades or updates thereto
• All content that you post is accurate;
• The content you supply does not violate these Terms and will not cause injury to any person or entity.

You also represent and warrant that any content you submit:

• Is not false, inaccurate or misleading;
• Does not harm minors;
• Does not elicit or provide medical advice;
• Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
• Does not violate any obligations you may have with respect to such content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Is not, or would not reasonably be considered to be, unlawful, defamatory, libelous, obscene, invasive of another's privacy, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or Clariti Filtration Group, LLC;
• Is relevant to the product being rated and reviewed or about which a question or answer is submitted;
• Does not include any information that references other Sites, addresses, email addresses, contact information or phone numbers;
• Complies in all respects with these Terms, our Privacy Policy and all any other posted guidelines and rules;
• Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Does not contain any computer viruses, worms or other potentially damaging computer programs or files;
• Does not impersonate any person or entity, including, without limitation, any Clarus Pool & Spa employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; and
• Does not collect or store personal data about other users.  You may not use the Services to collect or store personal data about other users.

19. Testimonial Disclaimer

In accordance with FTC guidelines regarding the use of endorsements and testimonials in advertising, please be advised of the following:

Testimonials and consumer stories featured on Clarus Pool & Spa platforms and social media may include individuals who were provided with free products, promotional items, or discounts in exchange for their feedback or experience.

These testimonials are submitted through a variety of methods and reflect the real-life experiences and opinions of those who have used our products and/or services. However, individual results will vary. We do not assert, nor should it be assumed, that any single experience is representative of typical results. Outcomes may differ based on numerous factors including, but not limited to, usage habits, environmental conditions, product combinations, maintenance routines, and user-specific variables.

Testimonials are presented verbatim except for corrections to grammar or typing errors. Some may be shortened or edited for clarity where original submissions included details not relevant to the general audience. Clariti Filtration Group, LLC is not responsible for the views or comments expressed in these testimonials, nor does it necessarily endorse any opinions shared therein. All views expressed are solely those of the individuals providing them.

While we stand by the performance and quality of our products, testimonials and consumer feedback are not intended to serve as guarantees or claims of product performance under all conditions. Clarus Pool & Spa products are designed for pool and spa maintenance purposes and are not intended to treat, prevent, or resolve any health condition. Where applicable, select items may be certified or regulated by third-party organizations such as the EPA or NSF, and such designations will be noted clearly on the product page or packaging.

Testimonials and consumer stories are provided for informational purposes only and are not a substitute for regular water testing, appropriate system maintenance, or professional advice regarding pool or spa care.

20. Intellectual Property Infringement

Clarus Pool & Spa respects the intellectual property rights of others, and we ask you to do the same. Clarus Pool & Spa may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

21. Regulatory Disclosure

Some Clarus Pool & Spa products may be certified by third-party organizations such as the EPA or NSF. When applicable, such certifications will be clearly marked on the product packaging or listed on the product page. Certification or regulatory status is not implied unless explicitly stated.

22. Copyright Infringement Notification (DMCA POLICY)

If you believe that your copyrighted work or trademark has been used or displayed on this Site in a way that constitutes infringement, you may submit a written notification in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. Please include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or trademark.
• Identification of the copyrighted work or trademark being infringed, or, if multiple works are involved, a representative list of such works.
• Identification of the material that is claimed to be infringing and information sufficient to permit Clarus Pool & Spa to locate the material on the Site.
• Your contact information, including address, telephone number, and, if available, an email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Agent Contact:
Clarus Pool & Spa
Attn: Copyright Agent
1240 E Belmont St
Ontario, CA 91761
Email: support@claruspool.com

Please note: Under Section 512(f) of the DMCA, any person who knowingly makes a material misrepresentation in a takedown notice may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If we remove or disable access to your content due to a DMCA takedown notice, and you believe this was done in error or misidentification, you may submit a counter-notification to our Designated Agent containing the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or disabled, and the location where it appeared before removal.
3. A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled by mistake or misidentification.
4. Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of a federal court in your district (or in any district where Clarus Pool & Spa may be located if outside the United States), and that you will accept service of process from the party who submitted the original DMCA claim or their agent.

Termination of Repeat Infringers

Clarus Pool & Spa reserves the right, in its sole discretion, to terminate the account or access of any user who is the subject of repeated DMCA or other intellectual property infringement notifications.

23. Copyright Infringement Notification (DMCA POLICY)

YOU ASSUME ALL RISK IN ACCESSING AND USING THIS SITE AND THE PRODUCTS OR SERVICES OFFERED THROUGH IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLARUS POOL & SPA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THIS SITE OR ANY FUNCTIONALITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR RESULTS OF THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLARUS POOL & SPA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR OTHER COMMERCIAL DAMAGES OR LOSSES—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY APPLIES TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

24. Disclaimers And Limitation Of Liability

Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Clarus Pool & Spa (or its affiliates, licensors, or partners, where applicable). The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of this Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

25. Clarus Pool & Spa Trademark Guidelines

Clarus Pool & Spa and other Clarus Pool & Spa names and logos used on this Site are owned by Clariti Filtration Group, LLC (“Clarus Pool & Spa Trademarks”). The Clarus Pool & Spa Trademarks are valuable assets of Clarus Pool & Spa and any unauthorized use of the Clarus Pool & Spa Trademarks is strictly prohibited. These Clarus Pool & Spa Trademark Guidelines contain detailed information about how to refer to Clarus Pool & Spa’s trademarks in different scenarios. These Trademark Guidelines are designed to ensure proper legal use of the Clarus Pool & Spa Trademarks and to prevent customer confusion that can result from improper or illegal usage.

1. Permissible Uses
   • Proper use of the Clarus Pool & Spa Trademarks is important. You may use the Clarus Pool & Spa trademarks to accurately describe or refer to Clarus Pool & Spa’s goods and services, provided you follow these Guidelines. For example, you may use the trademark CLARUS® Replacement Filters to discuss pool filter replacement options from Clarus Pool & Spa, or describe advanced features such as DiamondCore™ Technology in educational content.
   • The font size of the phrases using the Clarus Pool & Spa Trademarks should not be larger than the surrounding font and should not appear more prominently than the name/logo of your own product or business.
   • You may not use the Clarus Pool & Spa Trademarks to direct your visitors to the Clarus Pool & Spa homepage and products page without our written permission.
2. Prohibited Uses
   • Do not use the Clarus Pool & Spa Trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Clarus Pool & Spa.
   • Never use a Clarus Pool & Spa trademark as a possessive or in a plural form. Correct example: The CLARUS® filter is NSF certified. Incorrect example: Clarus Pool & Spa’s filters are the best.
   • Clarus Pool & Spa, Product, Service. You may not place your name, trademarks, service marks, or product names next to (or combine them with) the Clarus Pool & Spa Trademarks.
   • Logos. You may not use the Clarus Pool & Spa logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Clarus Pool & Spa.
   • Domain Names, Meta tags, Hidden Text. You may not incorporate the Clarus Pool & Spa Trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Clarus Pool & Spa.
   • Internet Advertising Keywords. You may not use or incorporate the Clarus Pool & Spa Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Clarus Pool & Spa.
   • Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the Clarus Pool & Spa Trademarks without first obtaining a written license from Clarus Pool & Spa.
3. Required Notices
   • For federally registered trademarks owned by Clarus Pool & Spa, the ® symbol must accompany these trademarks (e.g., CLARUS® Replacement Filters) and Clarus Pool & Spa should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “CLARUS® is a registered trademark owned by Clariti Filtration Group, LLC.”
   • For pending applications or common law trademarks owned by Clarus Pool & Spa, the TM or SM symbol must accompany these trademarks (e.g., DiamondCore™ Technology) and Clarus Pool & Spa should be properly identified as the owner of these trademarks in a footnote that reads, for example, “DiamondCore™ is a trademark owned by Clariti Filtration Group, LLC.”

4. Social Media Guidelines

Do not use Clarus Pool & Spa Trademarks as any part of your social media account name, username, page name, or as a community name.

5. General Use Guidelines
   • Use capitalization consistently.
   • Spell the Clarus Pool & Spa Trademarks correctly and do not abbreviate them or combine or hyphenate the respective words in the Clarus Pool & Spa Trademarks. Do not split the marks onto separate lines of copy.
   • Use the Clarus Pool & Spa Trademarks only as adjectives modifying the generic term for the product or service and never use the Clarus Pool & Spa Trademarks as nouns or as verbs.
     • Correct example: CLARUS® filters are engineered for superior water clarity.
     • Incorrect example: Clarus filters clean your pool like magic.
   • Goodwill. All uses and goodwill associated with the Clarus Pool & Spa Trademarks will inure to the benefit of Clarus Pool & Spa.
   • Reservation of Rights. Unless otherwise agreed to in writing, Clarus Pool & Spa reserves the right to terminate permission to copy, reproduce, or display the Clarus Pool & Spa Trademarks and to demand that the Clarus Pool & Spa Trademarks cease to be used at any time, in its sole discretion. Clarus Pool & Spa reserves the right to object to unfair uses or misuses of its Clarus Pool & Spa Trademarks and other violations of law, as well as uses that Clarus Pool & Spa in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. Clarus Pool & Spa reserves the right to revise these Trademark Guidelines at any time, without notice.

6. Contact Information

For any questions regarding the proper usage of the Clarus Pool & Spa Trademarks, the proper notices, or to seek permission to use the Clarus Pool & Spa Trademarks please contact Clarus Pool & Spa at support@claruspool.com.

26. Indemnification

You agree to release, indemnify, and defend Clariti Filtration Group, LLC dba Clarus Pool & Spa and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the respective officers, directors, employees, agents,  third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, and representatives of each (the “Clarus Pool & Spa Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

27. Privacy

Registration Data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at https://claruspool.com/pages/privacy-policy.

28. Affiliates And Links To Third Party Websites

This Site and Services may link to websites operated by third parties (“Third Party Sites”). Clarus Pool & Spa makes no representations whatsoever about any other websites which you may access through the Services. When you leave the Services, please understand that Clarus Pool & Spa has no control over the content on these Third Party Sites, all of which have separate privacy and data collection practices, independent of Clarus Pool & Spa.

Clarus Pool & Spa is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such Third Party Sites. These Third Party Sites are provided solely for your convenience, and you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site, and you agree that Clarus Pool & Spa is not responsible for any loss or damage of any sort you may incur from dealing with a third party.

In addition, a link to a non-Clarus Pool & Spa website does not imply, and shall not be construed as, sponsorship, endorsement, approval, or responsibility for the content or use of such third-party website. Clarus Pool & Spa makes no representation or warranty regarding any third-party products, services, or offerings. No rights to use or copy the information on this Site or any Third Party Site are granted or implied.

29. Dispute Resolution, Arbitration; Class Action Waiver

Please read this carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@claruspool.com. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Clarus Pool & Spa Parties as defined below. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

Please read this Provision carefully. It provides that all Disputes between you and Clarus Pool & Spa Parties shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

For the purpose of this Provision, “Clarus Pool & Spa Parties” means Clariti Filtration Group, LLC and its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Clarus Pool & Spa Parties regarding any aspect of your relationship with Clarus Pool & Spa Parties whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Clarus Pool & Spa Parties’ licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Clarus Pool & Spa Parties an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the Vice President of Finance and General Counsel of Clarus Pool & Spa at care@claruspool.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If any of the Clarus Pool & Spa Parties does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the relevant Clarus Pool & Spa Parties may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because these websites and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Clarus Pool & Spa Parties may initiate arbitration in either Seattle, Washington or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, any of the Clarus Pool & Spa Parties may transfer the arbitration to Seattle, Washington in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – The relevant Clarus Pool & Spa Parties will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Clarus Pool & Spa as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.

Class Action Waiver

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 or claims (such as a class action, consolidated action or private attorney general action) unless both you and all of the relevant Clarus Pool & Spa Parties specifically agree to do so following initiation of the arbitration.

Jury Waiver

You understand and agree that by entering into this Agreement you and Clarus Pool & Spa Parties are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Clarus Pool & Spa Parties might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account or other relationship with the Clarus Pool & Spa Parties. Notwithstanding any provision in this Agreement to the contrary, we agree that if Clarus Pool & Spa makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Clarus Pool & Spa Parties to adhere to the language in this Provision if a Dispute between you and the Clarus Pool & Spa Parties arises.

30. Compliance With Local Laws & Export Controls

Clarus Pool & Spa controls and operates this Site from its headquarters in the United States of America and the products and material offered on this Site may not be appropriate or available for use in other locations. If you use this Site or the products outside the United States of America, you are responsible for compliance with applicable local laws.

31. Applicable Law

Your use of this Site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to its conflict of law provisions. Any dispute arising under or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Bernardino County or the Central District of California, and you consent to the personal jurisdiction of such courts. A printed version of these Terms and any electronically delivered notices shall be admissible in judicial or administrative proceedings and shall carry the same weight as other business documents generated and maintained in printed form.

32. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Clarus Pool & Spa shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Clarus Pool & Spa shall promptly issue a credit to your credit card or debit card account in the amount of the charge.

33. Miscellaneous

Your use of the Site does not create any partnership, joint venture, employment, or agency relationship between you and Clarus Pool & Spa.

Our failure to enforce any part of these Terms shall not be deemed a waiver of our right to enforce them in the future.

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to reflect the original intent, and the remaining provisions shall remain in full force and effect. These Terms & Conditions constitute the entire agreement between you and Clarus Pool & Spa regarding your use of the Site and supersede all prior oral or written agreements.

All rights not expressly granted herein are reserved by Clarus Pool & Spa.

Broken Links & Removed Content

From time to time, certain products, pages, or features on our Site may be removed, retired, or redirected as part of ongoing maintenance or product updates. Clarus Pool & Spa is not responsible for any inconvenience or loss resulting from broken links, removed listings, or outdated references. We encourage users to report broken pages or technical errors to support@claruspool.com so we can promptly investigate and address them.