Terms of Use

Welcome to our website and online store, PoguePoolSpa.com (the “Site), Poolsmartpools, LLC (“We,” “Us” or “Our”) provides this website and store to you subject to the following terms of use (“Terms of Use”).  If you use the Site in any manner whatsoever, your use will be deemed to be acceptance of these Terms of Use.  Please read them carefully.

CHANGES

We may, at any time, make changes to these Terms of Use.  Any modifications will take effect when posted to the Site.  If you do not or cannot agree to the amended Terms of Use, your only option is to cease all use and access of the Site.

LOCAL COMPLIANCE

If the Site Content (as defined below), including its products or services, is contrary to local laws or regulations, you are not authorized to access or use the Site.  We make no representation that the content on the Site is appropriate or that its products or services are available outside of the United States.  Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

 

The Site may contain references to products, items and services that are not announced or available in your area.  Such references do not imply that We intend to announce such products, items or services in your area.

“Site Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that are displayed, used, or otherwise incorporated into the Site.

PRIVACY

Please review Our Privacy Policy, which also governs your visit to the Site, to understand Our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to Us, you are communicating with Us electronically.  You consent to receive communications from Us electronically.  We will communicate with you by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All Site Content is Our property or the property of Our content suppliers.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site Content without the written permission of Us or such other party that may own the Site Content.  All trademarks on the Site, including Our logos, are owned exclusively by Us and various third parties.  No license or grant of any rights, express or implied, are granted in or to Our trademarks.  All other trademarks not owned by Us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.  We grant you a limited, personal, non-exclusive, non-transferable license to access and use the Site for your personal, informational, non-commercial use.

This license does not include (i) any resale or commercial use of the Site Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data-gathering and extraction tools (except search engine robots).

You may not: (i) reproduce, duplicate, copy, sell, resell, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, rent, lease, adapt, create derivative works based upon, publicly display or perform, visit, or otherwise exploit Site Content for any commercial purpose; (ii) frame or utilize framing techniques to enclose any Site Content; (iii) use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent; (iv) disassemble, decompile or reverse engineer any of the Site Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by Us; (vi) interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site;  (vii) violate any applicable local, state, national or international law; or (viii) make any request to transactional servers more than once during any three-second interval.  Any unauthorized use terminates the permission or license granted by Us.

LINKS

For your convenience, We may provide links to various other websites that may be of interest to you.  However, We do not control or endorse such websites and We are not responsible for their content, nor are We responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.

MATERIALS SENT TO US

Any information or material sent to Us will be deemed NOT to be confidential (except as set forth in Our [Link: Privacy Policy]).  By sending Us any information or material, you grant Us an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of that information or material.

TERMS OF SALE

We attempt to be as accurate as possible.  However, We do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.  All items purchased from the Site are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon Our delivery to the carrier. If a product We offered is not as described, your sole remedy is to return it in unused condition. Please review Our Returns Policy, posted on the Site. 

YOUR MEMBERSHIP ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you are under 18, you may use Our website only with involvement of a parent or guardian.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.  We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.  If you do post content or submit material, and unless We indicate otherwise, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant Us the right to use the account name that you submit in connection with such content, if We choose.  You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify Us or Our associates for all claims resulting from content you supply.  We have the right but not the obligation to monitor and edit or remove any activity or content.  We take no responsibility and assume no liability for any content posted by you or any third party.

DISCLAIMERS AND LIMITATION OF LIABILTY

THE SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SITE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, MARKETING PARTNERS, AND SUPPLIERS, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE. 

APPLICABLE LAW

By visiting the Site, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Us or Our associates.

DISPUTES

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Texas, USA, except that, to the extent you have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, ASSIGNMENT AND SEVERABILITY

These policies also govern your visit to the Site.  We reserve the right to make changes to Our Site, policies, and these Terms of Use at any time.  We may assign these Terms of Use and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Us or the sale of substantially all of Our assets related to the Site, to the surviving or successor entity.  You may not assign these Terms of Use or the rights and obligations hereunder without Our prior written consent.  If any of these conditions shall be determined to be void or unenforceable in whole or part, that condition shall be deemed severable and the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.

TERMINATION

We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice.  Sections regarding copyright, trademark, material sent to Us, warranties, governing law, limitation of liability, indemnity, assignability, severability, and termination shall survive any termination of these Terms of Use.

QUESTIONS:

Questions regarding Our Terms of Use, can be directed to Our support staff by clicking on the "Contact Us" link in the side menu.  Or you can email us at: info@poguepoolspa.com.