CUSTOMER SERVICE > Policies > Terms of Use

TERMS OF USE

User Agreement
The POOL SPA USA™ web site and all related domains directed to this site are owned, operated and maintained by POOL SPA USA. The POOL SPA USA website is offered to the user on the condition the user accepts without modification the terms, conditions and notices contained herein. BY ACCESSING AND USING POOL SPA USA'S WEBSITE, THE USER AGREES TO THE TERMS AND CONDITIONS DESCRIBED BELOW.

The POOL SPA USA website contains materials which are derived in whole or in part from material supplied by the owners of POOL SPA USA and other sources, and is protected by copyright and trademark laws. Our site is for the user's personal, noncommercial use, and the user may not modify, copy, sell, distribute, transmit, display, perform, reproduce, publish or license any material from our site, including code or software.

Prohibited Uses
While using the site you agree not to (1) restrict or inhibit any other visitor or member from using the site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the site; (2) use the site for any unlawful purpose; (3) express or imply that any statements you make are endorsed by us, without our prior written consent; (4) transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); (5) engage in spamming or flooding; (6) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (7) modify, adopt sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the site; (8) remove any copyright, trademark, or other proprietary rights notices contained in the site; (9) "Frame" or "mirror" any part of the site without our prior written authorization; (10) use any robot, spider, site search/retrieval application, or other manual or automatic device or process or retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents; or (11) harvest or collect information about site visitors or members without their express consent.

Copyright Notice
All contents of the POOL SPA USA website is: Copyright � 2006 POOL SPA USA, 2564 Coquillard Drive, Niles, Michigan 49120, USA. All rights reserved. Certain articles or materials contained on our website are also separately copyrighted.

Violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. All rights in photographs, illustrations, artworks and other graphic materials are reserved to POOL SPA USA and/or the copyright owners (licensors). Prior permission to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material must be obtained from the copyright owner, regardless of the intended use.

Applicable Laws
The user must abide by all applicable federal, state or local laws, including, but not limited to, areas such as libel, slander, indecency, trade libel, product disparagement, harassment, invasion of privacy, obscenity, indecency, and copyright and trademark infringement.

Limitations of Liability
Use of the POOL SPA USA website is at the discretion of the user. UNDER NO CIRCUMSTANCES SHALL POOL SPA USA, ITS ADMINISTRATORS, EMPLOYEES, OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, POOL SPA USA'S MATERIALS, INCLUDING THOSE COMPRISING OUR WEBSITE. If the user is dissatisfied with any of POOL SPA USA's materials, or with any of the our terms and conditions, the user's sole and exclusive remedy is to discontinue using or visiting the POOL SPA USA website.

Links
Pages within our website may contain links and pointers to other websites that are maintained by third parties and are not under the control of POOL SPA USA. Accordingly, POOL SPA USA makes no representation or endorsement concerning the content of any third party website, which the user shall use at his/her own discretion.

No Warranties
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POOL SPA USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. POOL SPA USA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT POOL SPA USA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

In order for a manufacturer to honor warranties on pumps, filters, heaters, these items must be installed and documented by a qualified service professional.

Waiver of Responsibility
POOL SPA USA disclaims responsibility for any errors or omissions, including technical inaccuracies or typographical errors. Furthermore, POOL SPA USA cannot and does not guarantee or warrant that files made available for downloading will be free of viruses, infections or similar software contaminations which may render the software useless or cause damage or destruction to the user's hardware, software or system(s). Users are responsible for implementing sufficient procedures and protections against possible damage. Use of the POOL SPA USA website and the Internet in general is at the user's own risk.

Indemnification
You agree to indemnify, defend and hold us, our officers, directors, consultants, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of any condition hereof; (b) any allegation that any materials that you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the site, the project, or any services related to the site.

Jurisdiction
The site is solely directed to individuals residing in the Untied States. We make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access the site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the site and/or the provisions of any service or product described thereon to any person geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

Miscellaneous
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us.

Notification of Changes
These Terms of Use may be modified by POOL SPA USA at any time and will be binding at the time of implementation. Users have the responsibility of reviewing our website's terms and conditions.

Contact Information
If users have any questions or suggestions regarding our Terms of Use, please contact us: Email: info@poolspausa.com Postal Address: 2564 Coquillard , Niles, Michigan 49120, USA.