We, Poolshop. and our affiliates (“Poolshop”, “us”, “we”, and “our”), own and operate the Poolshop’ websites, including the mobile version or related mobile applications (collectively, our “Websites”).
Please read carefully the following Terms of Service (the “Terms”) because they constitute a binding agreement between you, the user who uses our Websites (“you” and “your”) and us. By accepting these Terms or by accessing or using the Websites, you signify your agreement with these Terms and you acknowledge that you will be subject to our Privacy Policy. If you do not agree to these Terms, you must not access or use the Websites.
Acceptable Use of the Websites
When using the Websites, you agree to abide by any usage guidelines we may present to you from time to time and by all applicable laws, regulations and rules.
You represent and warrant that: (i) the execution of these Terms and the performance of your obligations hereunder do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; and (ii) these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder.
You may not access or use the Websites –
Eligibility to Use the Websites
You may use the Websites only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and capable of forming a binding contract with us and are not barred from using the Websites under any applicable law. As long as you comply with these Terms, you may view and use our Websites for your personal, non-commercial purposes. No other use of the Websites is authorized.
Restrictions
Accessing, viewing, browsing, printing, or downloading of any content, logos, design, text, graphics, images, software, audio, video, forms, documents, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Websites (the “Content”) grants you only a limited, nonexclusive license for use solely by you for your own personal use. Except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Websites and their Content in any unauthorized manner; (2) use the Websites and their Content in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Websites and their Content, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from the Websites and their Content; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Websites and their Content; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Websites and their Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of the Websites; (8) otherwise circumvent any functionality that controls access to or otherwise protects the Websites; (9) modify any Content, except as expressly permitted under these Terms; (10) breach the security of the Websites or identify any security vulnerabilities thereof without our prior knowledge and permission; or (11) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Poolshop and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You agree that all of your use of our Websites will comply with applicable laws.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any Content on the Websites is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Websites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You can download a printable copy of these Terms here. IMPORTANT NOTE: Please read carefully the sections titled LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER OF WARRANTIES, and LIMITATION ON TIME TO FILE CLAIM. These provisions limit our liability to you, time limits for filing claims, and affect how disputes are resolved.
Changes to the Terms
We may, in our sole discretion, revise or update these Terms from time to time without specific notice to you. We will post the revised Terms on our Websites. By continuing to use the Websites after such changes have taken effect, you indicate your agreement to the amended Terms. Any changes in the Terms take effect upon posting and only apply to use of the Websites and orders placed after that date.
You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of the then-current Terms. You consent to receive communications from Poolshop in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Editing, Deleting, or Modifying the Websites
We reserve the right to withdraw or amend the Websites, and any Content, information, service, or other materials we provide on the Websites, in our sole discretion without notice.
Accounts
Your right to use our Websites is not transferable. To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information to register an account. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with this Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
With respect to any such registration, we may refuse to grant you the username you request. Your username and password, or any other piece of information as part of our security procedures, is for your personal use only and you must treat such information as confidential and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your account and password and for restricting access to it, and you agree to accept responsibility for all activities that occur under your account or password.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Promotions
From time to time, we may offer you the opportunity to participate in challenges, contest, sweepstakes or other promotions (collectively, “Promotions”). Promotions may be subject to separate or additional terms that may be presented to you. You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM MAYTRONICS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE MAYTRONICS AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE
Additional Terms
Certain features or services offered on the Websites, including Interactive Services and any Promotions, may be subject to separate guidelines, terms and conditions which may be posted from time to time or made available at the time of access or download (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms. These Additional Terms govern if there are any conflicts with these Terms.
Additional Terms: Product Purchases
Product purchases made through this Website are subject to our Terms of Sale (including the referenced Shipping Policy and Return Policy), which are hereby incorporated into these Terms of Use. Please review the Terms of Sale, Shipping Policy and Return Policy, carefully prior to making a purchase through the Website.
Text Message Program Terms
By providing us with your cell phone number (including as part of your Account), you agree to receive autodialed or pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. Separately, you may elect to consent on the Websites to receive autodialed text messages from us for marketing purposes, including to receive notices of new products or services, or promotions.
For any text messages, message and data rates may apply. The frequency of text messages that we send to you may vary, and transactional messages will vary depending on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY PRODUCTS OR SERVICES
Interactive Services
We may from time to time provide interactive services on our Websites, including, without limitation: chat bots and Contact us] etc. (“Interactive Services”).
Where we do provide any Interactive Services, we will provide information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Websites.
Content Standards
These content standards apply to any and all material which you contribute to our Websites (a “Contribution”), and to any Interactive Services associated with it.
You are solely responsible for the Contributions that you post, share, email, transmit or otherwise make available via the Websites. All Contributions are subject to these Terms. Poolshop is under no obligation to post or use any Contributions and may remove any Contribution at any time in its sole discretion. You acknowledge that your Contributions to the Websites may be or become available to others on the Websites and elsewhere. You agree only to post Contributions or send and receive messages and materials that are appropriate and not confidential or private.
The content standards apply to each part of any Contribution as well as to its whole. Poolshop will determine, in its discretion, whether a Contribution breaches the content standards.
A Contribution must:
A Contribution must not:
Any Contributions are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on Contributions is entirely at your own risk. Poolshop does not endorse any Contributions nor vouch for their reliability. Under no circumstances will Poolshop be liable in any way for any Contributions.
You acknowledge that Poolshop may or may not pre-screen Contributions, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any Contributions that are available via the Websites.
You hereby grant to Poolshop a perpetual, worldwide, non-exclusive, paid-up, royalty-free, irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute your Contributions and such derivative works, including for marketing or promotional purposes.
Privacy and Data Protection
We use and process your personal data information according to our Privacy Policy (as may be updated from time to time), which is available at Privacy Policy You agree that we may collect, use, retain, disclose, and dispose of your personal data information to the extent permissible by law and as described in our Privacy Policy and that our policies will govern our handling of your personal data information to the fullest extent permitted by law.
Intellectual Property
You acknowledge and agree that, as between you and Poolshop, all right, title and interest in and to the Websites, including any Content, and articles, images, audio, video, graphic design, data and its processing, magnetic translation, software, services, and other matters related to our Websites, the products offered and sold, and other intellectual property rights therein, whether registered or not, and any goodwill associated therewith, is, as between you and us, the sole and exclusive property of Poolshop, its affiliates or its licensors, and is protected under applicable United States intellectual property laws and other applicable international laws. The copying, redistribution, use or publication by you of any such matters or any part of our Websites, except as allowed by the “Restrictions” section above, is strictly prohibited. Unless as expressly provided, these Terms do not grant you any rights with respect to the Websites and Content.
This section will survive the termination of the Terms.
Disclaimer of Warranties
The Websites and Content and all information, content, services, products and activities offered, contained in or advertised on the Websites, including without limitation text, video, graphics and links, are provided to you on an “as is”, “as available”, and “with all faults” basis, without warranties of any kind, whether express or implied. TO THE MAXIMUM EXTENT PERMITTED BY LAW, US AND OUR AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR CONTRIBUTIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH WEBSITES, INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE WEBSITES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. Poolshop does not warrant that: (1) the Websites will meet your requirements; (2) operation of the Websites will be uninterrupted or virus or error free; (3) the Websites will operate or be compatible with any other application or any particular system or device; or (4) defects in the Websites can or will be corrected. The Websites may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Poolshop is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAYTRONICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR PERSONAL OR REAL PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, HARDWARE COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR PERSONAL INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOur account, THE APP, or the connection to or interaction with the products, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAYTRONICS’ TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS and platforms, YOU HAVE ORDERED THROUGH THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations and disclaimer of warranties may not apply to you. This limitation of liability and disclaimer of warranties shall be to the maximum extent permitted by applicable law.
Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates and subsidiaries, and us and their officers, directors, shareholders, employees, contractors, agents, licensors, and suppliers (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages, judgments, awards, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative, arising out of or in connection with your use of the Websites, any improper alteration, installation alteration, installation, repair or maintenance of the products, including removing guards or defeating interlocks or other safety devices, your breach of these Terms, any terms or policies governed by these Terms, or any applicable law or regulation, your violation of any rights of any third party and your negligence or willful misconduct, or for any activity related to your account or password, if any (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Websites using your account or password. If you cause a technical disruption of our Websites or the systems transmitting our Websites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Links to Other Websites
Our Websites may contain links to other websites. These links are provided for your convenience only. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICE PROVIDED ON SUCH WEBSITES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THEM., AND SUCH WEBSITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. Inclusion of any linked website on our Websites does not imply approval or endorsement of the linked website by us. If you decide to leave our Websites and access these third-party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Notice to California Residents
BY USING THE WEBSITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Websites are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Websites is:
Provider: Poolshop.com
E-mail: Help@poolshop.com
If the Websites are deemed as electronic commercial service, you may file a complaint regarding the Websites or to receive further information regarding use of the Websites by sending a letter to the attention of “Legal Department” at the above address.
Miscellaneous
If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein. Accordingly, you and Poolshop agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. Poolshop may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account, to the Websites, or under these Terms.