Privacy and Security
Users' privacy is very important to Pool N Spa Store. Pool N Spa Store is committed to safeguarding the information Users entrust to Pool N Spa Store. If any User is under age 17, that User should not submit any information without the permission of that User's parent.
Security of Information
Pool N Spa Store has put various security measures into place to protect against the loss, misuse or alteration of your personal information. For example, we encrypt your personal information, including your credit card number, whenever that information is transmitted over the Internet. Browsers that allow for SSL Technology Ordering from our web site require the use of an SSL-compliant browser, such as Netscape 4.0 or later; Microsoft Internet Explorer 5.0 or later; 5.0 AOL client for PCs; or the 5.0 AOL client for Macs. You will not be able to use Secure Mode if you have an older version of an Internet browser that does not support secure transactions, of if your computer is located on a local area network (LAN) that uses a firewall that prohibits secure transactions.
The Information We Collect
Pool N Spa Store may collect personally-identifiable information from Users through applications on the Web site that allow the User to request contact or set up a personal profile with Pool N Spa Store personnel on topics of interest. Except for such applications, Pool N Spa Store does not collect personally-identifiable information from Users through this Web site. We do not store or collect your Credit Card information as this is done through a third party company that manages that for our online store. We do not have access to your full Credit Card information.
Pool N Spa Store may collect aggregated, anonymous data about Users, including, for example, the number of unique views received by the Web site, the domains from which such Users originate, and similar information that does not identify any particular User.
A note about Cookies
Some Web sites use "cookies" to track their users. A cookie is a piece of software that a web server can store on your PC and retrieve later.
How We Use Information
If a User submits personally-identifiable information, Pool N Spa Store may use that information to contact the User regarding Pool N Spa Store or Pool N Spa Store partners' products and services. Pool N Spa Store will not use such personally-identifiable information for any other purpose.
Pool N Spa Store uses aggregated, anonymous data for research regarding the effectiveness of the Web site and Pool N Spa Store marketing, advertising and sales efforts. Pool N Spa Store does not use such anonymous information for any other purpose.
Access To This Information
We do not disclose personally-identifiable information to third parties, other than subcontractors who are acting on our behalf and who are subject to appropriate confidentiality safeguards. We may disclose aggregated, anonymous data to investors and potential partners.
Storage of Information
All information collected from Users of this Web site is stored on secured media at Pool N Spa Store premises. We use industry standard security measures to protect any personal information you may provide to us. However, we cannot guarantee that your submissions to our Web site, any content residing on our servers, or any transmissions from our server will be completely secure.
The images referenced, made accessible or made available to you on these pages or by means of the allpoolandspaparts.com website are protected by the respective owners of copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through our website, you may not use them for any purpose other than viewing on the web.
If for any reason a picture on out site
Terms & Conditions
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE POOL N SPA STORE WEB SITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. POOL N SPA STORE. (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
1. Scope. These Terms and Conditions govern Your use of the Web site. These Terms and Conditions, however, do not apply to the Company's products or services, which are the subject of separate agreements.
2. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for Your informational use in evaluating the Company and its products and services. You may not use the Web site for any other purpose without the Company's express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity ("Person") to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a user's screen with a portion of another web site, or with content or advertising of any Person without the Company's consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or affiliated with the Company, or has the right to display, publish, transmit or distribute the Website or content accessible within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without the Company's prior written consent. You agree to cooperate with the Company in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates our Acceptable Use Policy.
3. Proprietary Information. You acknowledge and agree that as between the Company and You, the Company is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the "Content"), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of the Company, other than limited printed copies of materials that you may need for Your own use and that contains all of the Company's copyright and other notices.
4. Disclaimer. You will have access to a variety of third party sources of content through the use of the Web site and the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the Web site. Accordingly, the Company has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. You also understand and agree that the Company does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely affect You, Your computer or computer systems or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
6. Limitation on Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
7. Indemnity. You will indemnify and hold the Company, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.
8. Trademarks. Pool N Spa Store® is a registered trademark, and the Pool N Spa Store logo and the slogan, We make the Web work for you™, are unregistered trademarks of the Company. Other trademarks, service marks and logos appearing in this Web site are the property of the Company or its content providers. The Company and its content providers retain all rights with respect to any of their respective trademarks, service marks or logos.
a. Headings. The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
b. Governing Law and Jurisdiction. The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN FULTON COUNTY, GEORGIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
d. Severability. The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
e. Waiver. No failure or delay on the part of the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the Company preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by the Company to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof. Copyright 2014, Pool N Spa Store.
f.Pricing & Order Processing:
While Pool N Spa Store strives to leave no stone unturned, there may be times when the product information, price or images could be incorrect. If this occurs before shipment of your order, Pool N Spa Store will cancel your order and issue a refund within 24 hours of the time of purchase with the exception of Sundays. Should the order have already been shipped, we will pick the item up and issue a refund.
g. Notification of Copyright Infringement under Digital Millennium Copyright Act:
If you believe that your copyrighted material may have been infringed, please provide Pool N Spa Store Copyright Agent with the following information in writing at the time of notice:
- A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification and links of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please click the contact us form and contact us immediately.