The use of the discount-pool-supplies.com website (this
"Website", which is the copyrighted intellectual property of
DISCOUNT POOL AND SPA SUPPLIES, Auburn, New York) and the sale
of products offered on this Website are governed by the terms
and conditions set forth below and all other disclaimers,
guidelines, policies and terms and conditions of sale appearing
on this Website, including
Returns and Cancellation Policies
Shipping Information
Frequently Asked Questions
(collectively, the "Terms and Conditions").
Your use of this Website in any manner, whether
browsing, activating an account with us or making a purchase,
constitutes your acknowledgement that you have read the Terms
and Conditions and that you agree to follow and be bound by
them. DISCOUNT POOL AND SPA SUPPLIES reserves the right to
modify or change the Terms and Conditions at any time without
prior notice to you. Therefore, we recommend that you please
read them carefully each time you use this
Website.
- LIMITATION OF
LIABILITY
-
IN NO EVENT SHALL THE SELLER BE RESPONSIBLE FOR ANY DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE SELLER
IS INFORMED ABOUT THEIR POSSIBLE EXISTENCE, INCLUDING:
ANTICIPATED LOSS OF PROFIT OR REVENUE, LOSS OF TIME, COST OF
CAPITAL, DOWN-TIME COSTS, COST OF SUBSTITUTE GOODS,
FACILITIES, SERVICES OR REPLACEMENT POWER, OR OTHER LOSS
INCURRED BY THE BUYER IN CONNECTION WITH [THE PURCHASE,
INSTALLATION OR OPERATION OR FAILURE OF THE PRODUCT]
ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTION WITH, OR
RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE,
REPAIR, REPLACEMENT, USE OR PERFORMANCE OF ANY OF THE PRODUCTS
PROPERTY DAMAGE EXTERNAL TO THE PRODUCT AND LOSS ARISING OUT OF SUCH DAMAGE
THIRD PARTY CLAIMS AGAINST [BUYER] FOR DAMAGES.
ALL DAMAGE CLAIMS ARISING OUT OF THE USE OF OR INABILITY TO USE PRODUCTS
SOLD ON THIS WEBSITE SHALL BE DIRECTED SOLELY TO THE MANUFACTURER OF
SUCH PRODUCT(S). BUYER FURTHER AGREES TO FOLLOW ALL MANUFACTURER DIRECTIONS
CAREFULLY IN THE INSTALLATION AND USE OF ALL PRODUCTS PURCHASED FROM
THIS WEBSITE.
OUR MAXIMUM LIABILITY IS LIMITED TO REPLACEMENT OF THE PRODUCT ONLY.
IN NO EVENT SHALL DISCOUNT POOL AND SPA SUPPLIES, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR
OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE
OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF,
INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY
CONTENT ON THIS WEBSITE, EVEN IF DISCOUNT POOL AND SPA
SUPPLIES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH
THIS WEBSITE AND THE CONTENT THEREIN, OR THE TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THIS WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE MAY NOT APPLY TO YOU.
- SALES POLICY AGREEMENT
-
By placing an order at DISCOUNT POOL AND SPA SUPPLIES, a
customer has agreed to the terms and conditions of the sale as indicated
on this website. By placing an order at DISCOUNT POOL AND SPA SUPPLIES, a customer has
agreed to the total dollar amount of the sale, and authorized DISCOUNT POOL AND SPA SUPPLIES
to collect payment via the payment method the customer specified.
DISCOUNT POOL AND SPA SUPPLIES reserves the right to make changes to this site and these
terms and conditions at any time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCOUNT POOL AND SPA SUPPLIES AND OTHER
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
** NOTE:
DISCOUNT POOL AND SPA SUPPLIES attempts to be as accurate as
possible in our content and pricing. However, we cannot
guarantee that the product descriptions/specifications, pricing
or any other content on the site is accurate, complete, or
current. In the event that a product is listed at an incorrect
price due to typographical, photographic, or technical error or
error in pricing information received from our suppliers,
DISCOUNT POOL AND SPA SUPPLIES shall have the right to refuse
or cancel any orders placed for product listed at the incorrect
price.
- PLACING AN ORDER
Placing an order on our website is not a guarantee of acceptance. We reserve
the right to refuse any order for any reason, in addition to
the stipulations noted below.
DISCOUNT POOL AND SPA SUPPLIES reserves the right to refuse
or cancel any orders placed for products and/or services for
which the sale or use of such products and/or services in
your state is restricted or prohibited.
To properly serve all customers, DISCOUNT POOL AND SPA
SUPPLIES reserves the right to limit quantities. DISCOUNT
POOL AND SPA SUPPLIES further reserves the right to cancel
multiple orders of this item purchased by the same
DISOUNTPOOLSUPPLIES.COM user and/or shipped to the same
delivery address.
- SITE USAGE RESTRICTIONS
-
You may access and view the Content (as defined below)
appearing on this Website for personal, non-commercial use
only. You may download and/or copy certain portions of the
Content for personal, non-commercial use only, provided that
you:
(a) retain all copyright, trademark or other proprietary notices contained in the content
(b) do not modify or alter the Content in any way and
(c) do not make the Content available to any third party.
You agree to use this Website only for lawful purposes.
The following activities are strictly prohibited:
(i) misrepresenting the identity of a user;
(ii) tampering with this Website; and
(iii) conducting fraudulent activities.
- PROPRIETARY RIGHTS
-
The DISCOUNT POOL AND SPA SUPPLIES' logos and trademarks, as well as
other marks, trade names, trademarks and logos on this
Website, are the properties of their respective owners. You
may not use, reproduce, copy or manipulate such logos in any
manner without the prior written consent of the
owner.
The entire contents of this Website, including text, images, music,
sound, photographs, video, illustrations, icons, graphics,
headers, data, information and software (collectively,
"Content") are subject to copyright, trademark, or other
proprietary rights or licenses held by DISCOUNT POOL AND SPA
SUPPLIES or a DISCOUNT POOL AND SPA SUPPLIES affiliate or by
third parties who have licensed their rights to DISCOUNT
POOL AND SPA SUPPLIES. All Content is copyrighted as a
collective work under the U.S. and international copyright
laws and DISCOUNT POOL AND SPA SUPPLIES owns, to the fullest
extent allowed by such law, the copyright in the
arrangement, coordination, enhancement and selection of such
Content or this Website.
Except as provided above, you may not make copy, modify or create
derivative works of the Content. In addition, you may not
distribute, publish, transmit, reuse, repost, "and frame"
the Content in any manner or sell or attempt to sell the
Content.
- MODIFICATION OF CONTENT
-
DISCOUNT POOL AND SPA SUPPLIES attempts to ensure that the Content on this
Website is complete and current. As indicated in the
DISCLAIMERS set forth below, DISCOUNT POOL AND SPA SUPPLIES
does not guarantee that the information contained on this
Website will not contain errors, inaccuracies or omissions.
Such errors, inaccuracies or omissions may relate to price
or to product description or availability. DISCOUNT POOL AND
SPA SUPPLIES reserves the right to correct any error,
inaccuracy or omission or to change or update the content
without prior notice to you. We highly recommend that the description
and other details be verified by the customer. If any discrepancies
are noted, please contact us.
Further, DISCOUNT POOL AND SPA SUPPLIES reserves the right to refuse or
cancel any orders containing any error, inaccuracy or omission,
whether or not the order has been submitted, confirmed and/or
your credit card has been charged. If your credit card has been
charged for the purchase and your order is canceled, Discount
Pool and Spa Supplies shall promptly issue a credit to your
credit card. If you are otherwise unsatisfied with your
purchase, you may return it (unopened) to DISCOUNT POOL AND SPA SUPPLIES
contingent upon our Return/Cancellation Policy.
- DISCLAIMERS
-
All content on this website, including, but not limited to, any advice that
may be given to you over this website, are provided "as is"
and all use of this website is at your own risk. Discount
Pool and Spa Supplies disclaims, and you hereby waive, any
and all warranties and liabilities of Discount Pool
and Spa Supplies, whether express or implied, arising by
operation of law or otherwise, with respect to this website
and any content on this website, including, but not limited
to, any:
(a) implied warranty of merchantability or fitness for a particular purpose;
(b) implied warranty of non-infringement; and
(c) claim in tort (including negligence).
Without limiting the foregoing, you acknowledge that Discount
Pool and Spa Supplies does not represent or warrant that this
website will be accessible without interruption or that this
website or the server that makes this website available are
free from errors, defects, design flaws or omissions or from
viruses or other harmful components.
While Discount Pool and Spa Supplies makes every attempt to
ensure the accuracy of the information on this website,
Discount Pool and Spa Supplies does not warrant the accuracy,
integrity or completeness of the content provided in this
website, including any advice or other similar information
obtained by you from us or through this website. Discount Pool
and Spa Supplies does not make any representation that the
content provided is applicable or appropriate for use in
locations outside of the United States.
DISCOUNT POOL AND SPA SUPPLIES may display advertising prints
for products sold through this Website. DISCOUNT POOL AND SPA
SUPPLIES attempts to display the colors of the products shown
on this Website as accurately as possible. However, we cannot
guarantee that the color you see matches the product color, as
the display of color depends, in part, upon the type of
computer monitor you use.
- ENFORCEMENT
-
By accessing and using this Website, you agree that your access and use
of this Website is subject to the Terms and Conditions, and
all applicable laws, as governed by the laws of the State of
New York, without giving effect to any principles or
conflicts of laws.
- LINKS TO THIRD PARTY WEBSITES
-
This Website may contain links to other sites that are neither owned nor
operated by DISCOUNT POOL AND SPA SUPPLIES (although some
such sites may have an affiliation with DISCOUNT POOL AND
SPA SUPPLIES) (collectively, "Third Party Sites"). Such
links are provided for your convenience only.
DISCOUNT POOL AND SPA SUPPLIES makes no representations whatsoever about
any Third Party Sites which you may access through this
Website, as DISCOUNT POOL AND SPA SUPPLIES has no control
over the content appearing on such Third Party Sites.
Moreover, a link to a Third Party Site does not imply and
does not constitute sponsorship, endorsement, approval or
responsibility for the content on, or the use of, such Third
Party Site.
No rights to use or copy the information on this Website or the Third
Party Site is granted or implied. Please Note: The privacy
policies applicable to Third party Sites may differ
significantly from DISCOUNT POOL AND SPA SUPPLIES' Customer
Information Privacy Policy and DISCOUNT POOL AND SPA
SUPPLIES' Children's Online Privacy Policy. You are
encouraged to review the applicable privacy policies of such
Third Party Sites.
- MISCELLANEOUS
-
The Terms and Conditions constitute the entire agreement between you and
DISCOUNT POOL AND SPA SUPPLIES with respect to this Website.
The Terms and Conditions supercede all prior or
contemporaneous communications and proposals, whether
electronic, oral or written between you and DISCOUNT POOL
AND SPA SUPPLIES with respect to this Website. No
modification of the Terms and Conditions shall be effective
unless it is authorized by DISCOUNT POOL AND SPA SUPPLIES.
If any provision of the Terms and Conditions is found to be
contrary to law, then such provision(s) shall be constructed
in a manner to closely reflect, as much as possible, the
intentions of the parties, with the other provisions
remaining in full force and effect.
SAFETY
NOTICE
Before
beginning any project, review the instructions carefully,
and if any doubts or questions remain, consult local
professionals or authorities.
Because local codes and regulations vary greatly, you should
always check with local authorities to ensure that your
project complies with all applicable codes and regulations.
Always read and observe all of the safety precautions
provided by any equipment manufacturer, and follow all
accepted safety procedures. |
