Malibu Pools

Terms of Service

Effective October 27, 2026.

Last reviewed 10/27/2026.

These Terms of Service ("Terms") govern your access to and use of the websites, products, and services provided by BRJJ LLC ("Malibu Pools", "we", "us", "our"). By accessing or using our services you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Eligibility and accounts

You must be at least 18 years old (or the age of majority where you live) to use our services. You are responsible for the accuracy of any information you provide and for any activity that occurs under your account.

2. Our services

We provide marketing, sales, and customer-experience tools. Specific features may change over time. We may add, modify, or discontinue any feature at our discretion.

3. Acceptable use

You agree not to misuse our services. Examples of prohibited use include: violating any law or regulation; sending unsolicited or unlawful communications; infringing intellectual property; attempting to gain unauthorized access to systems or data; uploading malware; or interfering with the operation of our services.

4. Your content

You retain ownership of the content you submit to our services. You grant us a limited license to host, store, transmit, and display that content solely as needed to provide the services to you. You are responsible for ensuring you have the rights to all content you submit.

5. Intellectual property

The services, including all software, design, text, graphics, and trademarks, are owned by BRJJ LLC or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the services in accordance with these Terms.

6. SMS / text messaging terms & conditions

Malibu Pools offers two separate SMS opt-ins at the phone number you provide. Each is optional and independent — you may consent to either, both, or neither:

Marketing / promotional SMS: By checking the marketing SMS opt-in, you agree to receive promotional and marketing text messages from us. Consent is not a condition of any purchase.

Transactional SMS: By checking the transactional SMS opt-in, you agree to receive transactional text messages from us (such as appointment reminders, order and service updates, and account notifications). Transactional consent does not authorize marketing or promotional messages.

Message frequency: Up to four messages per month.

Pricing: Message and data rates may apply.

Opt-out: You may opt out of either SMS program at any time by replying STOP to any message you receive from us. After you reply STOP, we will send a confirmation that you have been unsubscribed and you will not receive further messages from that program.

Help: Reply HELP at any time for assistance, or contact us at infomalibupools@gmail.com or (806) 790-6686.

Carriers are not liable for delayed or undelivered messages.

Privacy: Information collected in connection with either SMS program may include your mobile number, your carrier's name, and the date, time, and content of your messages. We will not share your SMS opt-in data or consent with any third parties for their own marketing purposes. For details, see our Privacy Policy.

Identity-resolved phone numbers (numbers we obtain through identity-resolution services) are never enrolled in either SMS program or workflow text-message steps unless and until the contact provides their own separate, direct, explicit opt-in.

7. Disclaimers

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

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRJJ LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

9. Indemnification

You agree to defend, indemnify, and hold harmless BRJJ LLC and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the services or your violation of these Terms.

10. Governing law

These Terms are governed by the laws of Texas, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Texas for any dispute arising out of these Terms or the services.

11. Changes to these Terms

We may update these Terms from time to time. The "Effective" date at the top of this page reflects the most recent version. Continued use of the services after changes take effect constitutes acceptance of the revised Terms.