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General Terms & Conditions
Pool Supply Pros, LLC (Pool Supply Pros) provides access to its website, www.poolsupplypros.com (the Site), for the convenience of its customers. Your access and use of the Site are subject to your acceptance of, and agreement to be bound by the Site's Terms and Conditions (the "Agreement"). Please note that these Terms also address certain issues regarding products obtained through the Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Pool Supply Pros that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Your access to the Site is your affirmative agreement to be bound by the terms of this Agreement, as it may be updated or revised from time to time. In addition, Pool Supply Pros may have additional terms and conditions which apply to specific portions of the Site, or may apply for limited periods of time. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall prevail.
IF YOU ARE CONFUSED ABOUT THE TERMS OF THIS AGREEMENT, OR HAVE ANY QUESTIONS REGARDING ANY OF ITS TERMS, PLEASE CONTACT US AT: SUPPORT@POOLSUPPLYPROS.COM BEFORE YOU USE THE SITE.
User's Access and Use of the Site
Pool Supply Pros does not guarantee that the Site will be free of infection from viruses, malware, spyware, or other harmful or annoying software, that could affect your computer, possibly causing damage to data, software, or hardware, or extracting system data or personal information. Users are solely responsible for employing adequate protections, such as firewalls and antivirus software to satisfy each such User's particular requirements for integrity and accuracy of data. Users are responsible for backing up and/or preserving their own software and data including data exchanged with the Site'sto permit the reconstruction or recovery of lost or corrupted data. At no time shall the Site be responsible for storing, protecting or recovering a User's lost or corrupt data.
ANY USE OF THE INTERNET INVOLVES A CERTAIN AMOUNT OF RISK. USERS ASSUME TOTAL RESPONSIBILITY AND RISK FOR THEIR USE OF THE SITE AND THE INTERNET. BY ACCESSING THE SITE, USERS ACKNOWLEDGE THAT ANY TRANSMISSIONS OF DATA USERS MAY MAKE INCLUDING SENSITIVE ACCOUNT AND BILLING INFORMATION ARE AT RISK OF BEING INTERCEPTED AND USED BY UNAUTHORIZED THIRD PARTIES. WHILE THE SITE STRIVES TO MAINTAIN A SAFE SHOPPING ENVIRONMENT, IT CANNOT GUARANTEE THE SAME, WHICH IS WHY ALL USERS MUST ACKNOWLEDGE THAT THEIR USE OF THE SITE IS SOLELY AT THEIR OWN RISK .
As a prerequisite for your use of the Site you agree to provide and maintain accurate and up-to-date information as requested by the Site (the "Account Information). You acknowledge that Pool Supply Pros will rely upon the representations made and information provided by you, in whole and in part. Furnishing false or inaccurate information constitutes fraud and may subject you to legal action. You expressly acknowledge that Pool Supply Pros reliance on false information provided by you may result in losses or damages thereto. Therefore, you expressly agree to indemnify and hold harmless Pool Supply Pros, its affiliates, officers, agents and employees for any and all such losses or damages. If you provide any information that is false, inaccurate, outdated or incomplete, or Pool Supply Pros reasonably suspects that such information is false, inaccurate, outdated or incomplete, Pool Supply Pros may disable or terminate your account and forbid any further use of the Site and future access to the Site by you.
Users are responsible for maintaining the confidentiality of their passwords and account numbers, and may not share them with others. You consent to the use of your Account Information as an electronic record and electronic signature attributable to you as an agreement to abide by terms, to be liable for costs associated with purchases, and for any and all transactions with the Site. You shall notify Pool Supply Pros immediately of any unauthorized use or disclosure of your Account Information, or in the event that your Account Information becomes compromised. Pool Supply Pros shall not be responsible or liable for any fraudulent or unauthorized purchases that are made using your compromised Account Information, regardless of notification. You agree to be fully liable and accountable for any actions taken, including purchases, using your Account Information, your authorization and/or knowledge notwithstanding.
Any user-supplied information provided to Pool Supply Pros related to the use of the Site or otherwise: (a) shall not violate applicable laws; (b) shall not be false, inaccurate or misleading; (c) shall not contain obscene images or language; (d) shall not contain any spyware, malware, viruses or other computer programming code intended to damage, access or obtain any system, data or personal information; (e) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights; (f) shall not be defamatory, libelous, threatening or harassing; and (g) shall not create liability for Pool Supply Pros or jeopardize its business, including, but not limited to, bulk email activity, or other high-volume activities that could interfere with the use of the Site by others.
Pool Supply Pros may immediately disable or terminate your account and/or access to the Site for failing to abide by the terms of this Agreement (including those incorporated by reference herein), or if Pool Supply Pros is unable to verify or authenticate any information you provide. Pool Supply Pros reserves the right to terminate any User account for any reason in its sole discretion. Users may terminate their accounts by contacting Pool Supply Pros at
support@poolsupplypros.com
Site Availability
Pool Supply Pros, in an effort to provide reliable and efficient services to its customers, will periodically schedule system downtime for maintenance and other purposes. In addition to regularly scheduled maintenance, there is always a risk that unscheduled or unexpected interruptions also may occur, due to circumstances within or beyond the Site’s control. Pool Supply Pros shall have no liability whatsoever with respect to any Site unavailability, or for any loss of data caused by planned or unplanned outages or any associated delay. Pool Supply Pros will also have no liability for any interruption in service, lost data, dropped or terminated transactions, or any other damage or inconvenience related to any interruptions in site availability. Pool Supply Pros shall also have no responsibility for outages which are caused by third parties, such as internet service providers, telecommunications companies or third-party billing services.
Privacy Policy
You agree that you have read and understand the terms of Site Privacy Policy as part of your agreement with respect to the use of the Site.
Indemnification
You agree to indemnify, defend and hold Pool Supply Pros and any of 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 attorneys' fees and costs) resulting from (i) your use of or access to the Site, (ii) your use of any products or services provided through or in connection with the Site, or (iii) your breach of any provision of this Agreement. If deemd necessary in Pool Supply Pros sole discretion, you agree to cooperate to the fullest extent possible in the defense of any claim brought against Pool Supply Pros that is related to your use of the Site. Pool Supply Pros reserves the right, at its own expense, to assume control of and prosecute or defend any matter otherwise subject to this indemnification. You shall not, under any circumstances settle any matter to which this indemnification applies without the prior written consent of Pool Supply Pros.
External/Linked Websites
Pool Supply Pros may provide links to other websites or resources as part of the Site, but only as a convenience to you. Pool Supply Pros is not responsible for the contents, products or services on any third party site and the inclusion of any link does not imply the Pool Supply Pros endorses the content on such third party sites. You are visiting such third party sites solely at your own risk.
Copyright & Trademark Infringement/Designation of Copyright Agent
Pool Supply Pros policy regarding copyright infringement and Pool Supply Pros designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Pool Supply Pros observes, and requires all Users to observe applicable copyright and trademark laws. Pool Supply Pros may, when necessary and at its discretion, remove, delete, disable access to or remove internal or external links to, any material it finds or believes to be infringing on any copyright or trademark. To the extent any User is found to repeatedly participate in infringing activity, Pool Supply Pros shall have the right to terminate such User’s account and access to the Site.
If you believe that your work has been used on the Site in any manner that constitutes copyright or trademark infringement, please notify Pool Supply Pros by written notice:
Pool Supply Pros
3535 SE Maricamp Rd
Suite 1007
Ocala, FL 34470
You acknowledge and agree that Pool Supply Pros and its licensors own all rights, title, and interest in text, graphics/images, logos, artwork, audio clips, video, photographs, software, and other information (the "Content"), as protected by federal and international copyright and trademark laws, or other laws protecting such proprietary rights.
Pool Supply Pros grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. Other than as expressly provided herein, no portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Pool Supply Pros and/or the appropriate third party licensors. These terms and your use of the Site do not give you any rights to use any Pool Supply Pros trademarks, service marks or logos. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent or trademark of Pool Supply Pros or any third party.
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, or otherwise examine, license or create derivative works with respect to the Site, the Content, or any portion or subdivision thereof. Portions of the Content may be licensed to Pool Supply Pros from third parties; such third party Content and all intellectual property rights associated therewith belong to the third parties from whom such Content is licensed. At no time shall any User be permitted to remove, alter or modify any copyright, trademark or other intellectual property contained on the Site or the Content. Any and all rights or protections not expressly granted by this Agreement or any applicable license agreements are hereby expressly reserved by Pool Supply Pros.
Disclaimer/Limitation of Liability
POOL SUPPLY PROS AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE SHALL, AT NO TIME AND UNDER NO CIRCUMSTANCES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (I) THE USE OF, OR INABILITY TO USE THE SITE (II) OBTAINING SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO RELATING TO THE SITE; (III) UNAUTHORIZED ACCESS TO, CORRUPTION OF, OR INTERFERENCE WITH YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF POOL SUPPLY PROS OR ANY THIRD PARTY THROUGH OR ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE, SAFETY, PERFORMANCE OR APPLICABILITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. THIS PROVISION SHALL APPLY REGARDLESS OF WHETHER POOL SUPPLY PROS WAS OR SHOULD HAVE BEEN AWARE OF SUCH DAMAGE OR LOSS.
BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL SITE CONTENT AND ALL PRODUCTS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. POOL SUPPLY PROS’ TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO POOL SUPPLY PROS FOR THE USE OF THE SITE BY YOU OR $1.00. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW IN SUCH JURISDICTION. THE LIMITATION OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF POOL SUPPLY PROS, ITS AFFILIATES, AND TO ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. You FURTHER agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SITE, ITS PRODUCTS OR Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Product Information and Pricing
While Pool Supply Pros strives for an informative and error-free Site, it does not guarantee that any content is accurate or complete, including price information and product specifications. Pool Supply Pros also makes no guarantee with product recommendations. With respect to information about the use, application, installation or safety regarding any products provided through the Site, Pool Supply Pros expressly disclaims any liability for such information, and directs Users to refer to the information provided by the manufacturer of such products.
If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Pool Supply Pros reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States. Unless otherwise stated, the prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
Returns and Exchanges
All products offered by Pool Supply Pros come with a full manufacturer warranty, unless otherwise specified. In the unlikely event you feel you have a defective product; please refer to the warranty information packaged with your product. Feel free to contact us by email if you require assistance. If the warranty involves shipping to the manufacturer for repair, you are responsible for all shipping costs.
Pool Supply Pros does not express or imply any warranty. All warranties are through the manufacturer of the product(s) in question. Pool Supply Pros expressly disclaims liability for any injury, or damage of any kind arising from the use or inability to use any item it sells.
Once an order is placed, we do our best to expedite your shipment, and we often ship the very same day. You may cancel your order at any time. If you cancel your order before it ships but after it has already been pulled from the warehouse or manufacturer and processed for UPS/Fed Ex Pickup or Truckline pickup - a 15-35% re-stock fee will apply. If you cancel your order after it has already shipped, you will be responsible for any and all shipping costs to return the order to the origin warehouse(s) plus 15-35% re-stock fee.
Users may usually return any item in new, unused or unopened condition within 30 days of purchase for a refund, minus any applicable shipping charges.
If you believe the product you ordered is defective or not functioning per its specifications, please call Pool Supply Pros as soon as you can within 30 days of your purchase, at 1-877-765-7665 during our regular business hours Monday through Friday, 9:00AM to 6:00PM, eastern time. In many cases, you may be directed to the manufacturer’s technical support line, so please review the packaging and instructions that accompanied your product prior to calling. If a product is defective, Pool Supply Pros or the manufacturer will replace the product with the same product or an equivalent, subject to availability. In most cases, the manufacturer, and not Pool Supply Pros, will be responsible for arranging for and providing replacement items. Pool Supply Pros strives to ship replacement items on the same day the defective item is received and inspected, but cannot be responsible for delays in shipping replacement items that come directly from the manufacturer. You will be responsible for shipping costs to the wholesaler or manufacturer, as applicable. Please insure and obtain a tracking number for your package for best results. Custom orders and special order items may be subject to a limited or no return policy. For more detailed information on our Shipping & Return Policy, please visit this section located on the bottom of our homepage.
International Users
Viewing, accessing or using the Site or its Content may not be legal in certain countries or for certain individuals or classes of individuals. 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. Pool Supply Pros does not represent or claim that the Site, the Content, or any aspect thereof is appropriate for accessing, viewing or downloading outside of the United States. Please refer to local laws, jurisdictional rules, tariffs, customs rules and other applicable laws regarding international orders.
General Provisions
This Agreement is governed by and construed in accordance with the laws of the United States and of the State of Florida, excluding conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Both parties agree to submit to the exclusive jurisdiction of the courts of the State of Florida and the United States federal district court located in Orange County, Florida with respect to actions brought under this Agreement. You are solely responsible for your familiarity and compliance with any laws that may prohibit participation in or use of any part of the Site.
This Agreement constitutes the entire agreement between you and Pool Supply Pros and supersedes all prior agreements, representations and understandings between the parties regarding the subject matter contained herein. If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. Pool Supply Pros failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pool Supply Pros in writing.
From time to time, Pool Supply Pros may, in its sole discretion, modify the Agreement and shall provide notice of such modifications by posting the modified Agreement on the Site; however, your use of the Site thereafter shall constitute acceptance of any and all such modifications, regardless of notice. Pool Supply Pros reserves the right to modify the Content of the Site at any time for any reason without notification, in its sole discretion. Pool Supply Pros retains the right to delete any account for any reason at any time, in its sole discretion.
Your rights hereunder may not be assigned or transferred to any third party without the prior written consent of Pool Supply Pros. Pool Supply Pros may, at any time, assign its rights or delegate its obligations hereunder without notice to you. There are no intended beneficiaries to this Agreement, other than the parties hereto, and no individual who is not a party to this Agreement shall have any right to enforce any term hereof. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Pool Supply Pros and you regarding to the subject matter hereof.
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