WEBSITE USER AGREEMENT
Terms and Conditions
1. Parties and Acceptance of Terms
Pool Warehouse (hereafter also referred to as “We,” “Our,” or “Us”) provides access to www.poolwarehouse.com (the “Site”). Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” (also referred to as “you” or “your,” as applicable) under this Agreement. Purchases from this Site may only be made by Users who are eighteen (18) years old or older, and are subject to all terms, conditions, and procedures of Pool Warehouse’s Shipping and Returns General Terms and Conditions.
Use of the Site is conditioned upon your acceptance of this Website User Agreement (the “Agreement“). Accessing, browsing, framing, using, linking to, and/or making purchase(s) from the Site, shall be deemed to be use of the Site and consent to be bound by the terms of this Agreement,including but not limited to any other terms, conditions and procedures included in, linked to, or incorporated by reference in any other accompanying documents used or referred to in this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted and/or contained in these particular features or accompanying documents. In the event of a conflict between any other agreement, rule, policy, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact Pool Warehouse before using the Site.
2. Use of the Site
This Site is provided “As Is” and “As Available”, without warranty of any kind, except as expressly stated herein. NO WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABILITY TO ACHIEVE A PARTICULAR RESULT ARE MADE BY VIRTUE OF THE TERMS AND CONDITIONS OF THIS WEBSITE AND/OR AGREEMENT.
Pool Warehouse cannot, and does not, guarantee that the Site will be free of infection from viruses or other malware that could damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, hardware, software, data or personal information belonging to you. The user is responsible for implementing sufficient procedures and checkpoints to protect User from infection of viruses and/or malware and satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Pool Warehouse will not be held responsible for any loss or damage caused by any corruption or loss of data due to the use of this Site. Use this Site AT YOUR OWN RISK.
3. Internet Use
USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THE SITE VIA THE INTERNET. USER ACKNOWLEDGES THAT ANY UPLOADS OR TRANSMISSIONS USER MAKES RELATED TO THE SITE MAY POTENTIALLY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, USER ASSUMES ALL RISK AND RESPONSIBILITY FOR USE OF THE SITE.
4. System Outages
Pool Warehouse periodically schedules system downtime for maintenance of the Site and other purposes because We want the Site to be available to User as often as possible. In addition, unplanned system outages also may occur. Pool Warehouse shall have no liability to User, whatsoever, for unavailability of the Site, for any reason, or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, miss-delivery, or non-delivery of information caused by such system outages. Also, Pool Warehouse shall have no liability to User for any outages of web host providers, internet infrastructure, and external networks to the Site.
User agrees to indemnify, defend, and hold Pool Warehouse (and its affiliates, officers, directors, employees, attorneys, and agents) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) User’s use, misuse, or abuse of the Site; (ii) User’s use of products or services provided through the Site; and/or (iii) User’s breach of any provision of this Agreement.
User agrees to cooperate as Pool Warehouse may require in defense of any claim made against Pool Warehouse as a result of the foregoing conduct by User. However, Pool Warehouse reserves the right, at its own expense, to assume the exclusive defense and control of any claim against it attributable to User’s conduct as set forth above and thereafter seek reimbursement from User for any and all such costs of defense and indemnification from User for any loss, settlement, or judgment sustained.
6. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content“) is the property of Pool Warehouse and/or its affiliates, and is protected by state, federal, and international copyright and trademark laws, or other proprietary rights, where applicable. These rights are protected in all forms, media, and technologies existing now or hereinafter developed. The user may print and download portions of the Content from the different areas of the Site solely for User’s personal, non-commercial, use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Pool Warehouse.
The user may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. The user may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Pool Warehouse. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, copyright, or trademark of Pool Warehouse or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Pool Warehouse copyright.
7. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Pool Warehouse’s policy regarding copyright infringement and Pool Warehouse’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is as follows:
Pool Warehouse respects the intellectual property rights of others and requires those that visit its website to do the same. Pool Warehouse may, in appropriate circumstances and at its discretion, remove or disable access to material on the Site, or its network, that infringes upon the copyrights of others. Pool Warehouse also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to Our website or users of Our network repeatedly infringe on others copyrights, We may, in our sole discretion, terminate those individuals’ rights to use Our website and/or network.
If you believe that your work has been used on Our website or Our network in any manner that constitutes copyright infringement, please notify Pool Warehouse in writing.
8. Limitation of Liability
Pool Warehouse makes no representations as to its compliance with any local, state or federal laws by creation, maintenance or use of this Site. Pool Warehouse shall have no liability or responsibility for any error’s, omission, or inaccuracies in the contents of the Site or information flowing through the Site.
POOL WAREHOUSE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POOL WAREHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM ONE OR MORE OF THE FOLLOWING: (i) THE USE OF OR INABILITY TO USE THE SITE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF POOLWAREHOUSE OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; (v) DAMAGE OR INJURY TO USER’S EQUIPMENT, HARDWARE, SOFTWARE, OR DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL POOL WAREHOUSE’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT TO USER EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, BY USER TO POOL WAREHOUSE FOR USER’S USE OF THE SITE OR $10.00. IN THOSE STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, POOL WAREHOUSE’S LIABILITY TO USER IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT, AS WELL AS ALL OTHER TERMS OF THIS AGREEMENT, INURE TO THE BENEFIT OF POOL WAREHOUSE’S OWNER’S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS, AND AGENTS.
9. Your Account and Membership Obligations
In consideration of the use of the Site User agrees to (i) provide accurate and current information about User as prompted by the Site (the “Registration Information“); and (ii) maintain and update the Registration Information to keep it accurate and current. Further, User affirms and represents that User is over eighteen (18) years old if User is making any purchases via the Site. If User provides any information that is untrue, inaccurate, not current or incomplete, or reasonable grounds exist to suspect that such information is untrue, inaccurate, not current or incomplete, Pool Warehouse may, in its sole discretion, suspend or terminate User’s account and decline to permit User’s continued use of the Site and future access to the Site.
The user is responsible for maintaining the confidentiality of User’s password and account number (“Account Information”) and is fully responsible for all activities that occur via User’s Account Information. User agrees that User’s Account Information may be used by Pool Warehouse to attribute an electronic record and electronic signature to User. User understands and agrees that User’s electronic signature or other electronic actions such as clicking on “acceptance” icons or other symbols indicating an intention to accept services or products provided are binding on User. User shall not disclose User’s Account Information to third parties. User agrees to notify Pool Warehouse immediately of any unauthorized use of User’s Account Information or any other breach of security. Pool Warehouse shall not, in any manner, be responsible or liable for fraudulent purchases that are made using User’s compromised Account Information.
All products purchased from Pool Warehouse, either online through the use of the Site or otherwise, shall be shipped in accordance with Pool Warehouse’s Shipping and Returns General Terms and Conditions.
11. Returns, Exchanges, and Warranties
Pool Warehouse will accept a return on most items that are in new, unused/unopened condition and are not custom or specially ordered within thirty (30) days of purchase for a refund, less any shipping and handling charges, and less a twenty percent (20%) restocking fee. All returns, exchanges, and warranties are subject to the terms, conditions, and procedures of Pool Warehouse’s Shipping and Returns General Terms and Conditions. If your product is not functioning properly, please call Pool Warehouse’s Technical Support Department as soon as possible (but not later than thirty (30) days from purchase) at 1-800-515-1747 during regular business hours, Mon – Fri 9:00 AM – 6:00 PM EST. In most instances, Our Technical Support representatives can assist you in diagnosing and resolving your product problems. However, in instances where a product is truly defective, the manufacturer of the product, or Pool Warehouse in its sole discretion, will repair or replace the product, in whole or in part as necessary, with an even exchange of the same item or replacement parts, subject to in-stock availability. Replacement items ship the same week the defective item is received and inspected by Our Returns Department. The user is responsible for the shipping costs to ship the defective product back to Pool Warehouse. Be sure to obtain a tracking number for your return items sent to Pool Warehouse.
RMA # (Return Merchandise Authorization) Must Be Visible On The Returning Package Or It Will Be Refused By Vendor.
Custom and special orders may not be returned.
With your purchase of any product from the Site, you shall be provided with the product manufacturer’s warranty, if any. Pool Warehouse does not separately provide any warranty to any product purchased on the Site. Further, Pool Warehouse EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE as to all products sold on the Site.
12. Purchase and Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, product information, or otherwise, Pool Warehouse shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Pool Warehouse shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If the User’s credit card has already been charged for the purchase and the order is canceled, Pool Warehouse shall issue a credit to the User’s credit card account in the amount of the charge.
13. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other websites are provided as merely a convenience to the Users of this Site. Pool Warehouse does not control all the possible linking or content of any third-party websites to which this Site may be linked. Pool Warehouse has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from any such content. Pool Warehouse does not endorse, sanction or verify sites to which this Site may be linked or make any representations about these websites, or any information or other products or materials found there, or any results that may be obtained from using them. Access to such other sites is at User’s own risk.
14. International Users
Pool Warehouse makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries, or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
15. User Feedback
Should any User respond to Pool Warehouse with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Pool Warehouse products or services or otherwise (“Comments“), such Comments shall be deemed to be non-confidential. Pool Warehouse shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose, and distribute the information to others.
16. Acceptable and Lawful Use of the Site
Any information provided to Pool Warehouse in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Pool Warehouse or cause Us to lose the services of Our internet service providers or other suppliers. The user may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail.
17. Miscellaneous: Sever-ability; Non-Waiver; Assignment; Third Party Beneficiary Rights
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Pool Warehouse, at any time or times, to require performance of any provision hereof shall in no manner impair Pool Warehouse’s right at a later time to enforce such provision. No delay or failure by Pool Warehouse in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. The user may not assign User’s rights or delegate User’s responsibilities hereunder without the express written permission of Pool Warehouse. However, Pool Warehouse, at any time, may assign its rights or delegate its obligations hereunder without notice to User. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
18. Updates and Modifications
In its sole discretion, Pool Warehouse may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Pool Warehouse reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, please Contact Us.
Pool Warehouse may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if We are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us.
Pool Warehouse Terms and Conditions Questions?
If you have questions about Pool Warehouse Terms and Conditions please feel free to give us a call at 1-800-515-1747 or send us an email, [email protected]
At Pool Warehouse, We Know Swimming Pool Kits!