PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other
copyright laws, and is the property of ©Pool & Electrical Products, Inc.
The collective work includes works that are licensed to ©Pool & Electrical
Products, Inc. ©Pool & Electrical Products, Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with ©Pool & Electrical
Products, Inc.or purchasing products from ©Pool & Electrical Products,
Inc.. You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with ©Pool & Electrical Products, Inc. or to purchase
©Pool & Electrical Products, Inc. products. Any other use, including
but not limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by ©Pool
& Electrical Products, Inc. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Pool & Electrical Products,
Inc. used in the site are trademarks or registered trademarks of Pool & Electrical
Products, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, Pool & Electrical Products, Inc. disclaims
all warranties, express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and non-infringement.
Pool & Electrical Products, Inc. does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the defects will
be corrected, or that this site or the server that makes the site available are
free of viruses or other harmful components. All warranties are the responsibility
of the manufacturer and are to be handled within their policy. Pool & Electrical
Products, Inc. does not make any warrantees or representations regarding the use
of the materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pool & Electrical Products, Inc. shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Pool & Electrical Products,
Inc. has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Pool & Electrical Products, Inc. product is mistakenly
listed at an incorrect price, Pool & Electrical Products, Inc. reserves the
right to refuse or cancel any orders placed for product listed at the incorrect
price. Pool & Electrical Products, Inc. reserves the right to refuse or cancel
any such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, Pool & Electrical Products, Inc. shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and conditions,
or any part of them, may be terminated by Pool & Electrical Products, Inc.
without notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous,
shall survive any termination.
Notice
Pool & Electrical Products, Inc. may deliver notice to you by means of e-mail,
a general notice on the site, or by other reliable method to the address you have
provided to Pool & Electrical Products, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the purchase
of Pool & Electrical Products, Inc. products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the purchase
of Pool & Electrical Products, Inc. products) must be commenced within one
(1) year after the claim or cause of action arises. Pool & Electrical Products,
Inc.'s failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Pool & Electrical Products,
Inc. may assign its rights and duties under this Agreement to any party at any
time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Pool & Electrical Products, Inc. or other licensed employee, host,
or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content
which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or encourage
a criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of any other
commercial online service or other organization.
Participation Disclaimer
Pool & Electrical Products, Inc. does not and cannot review all communications
and materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Pool & Electrical Products, Inc. is merely
acting as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However, Pool
& Electrical Products, Inc. reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or otherwise
unacceptable to Pool & Electrical Products, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Pool & Electrical Products,
Inc., its officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these terms
and conditions or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site using your Internet
account.
Third-Party Links
In an attempt to provide increased value to our visitors, Pool & Electrical
Products, Inc. may link to sites operated by third parties. However, even if the
third party is affiliated with Pool & Electrical Products, Inc., Pool &
Electrical Products, Inc. has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of Pool &
Electrical Products, Inc.. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, Pool & Electrical
Products, Inc. seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for
sites it links to as well (including if a specific link does not work).