Terms & Conditions

Pool Quality Terms and Conditions

Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE. By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.

Pool Quality reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. It is the resposibility of each individual to review all terms and conditions prior to using this site.

Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof are property of Pool Quality (poolquality.com). ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Pool Quality. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or publication, without prior written permission of Pool Quality is strictly prohibited.

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KMA BROKERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

poolquality.com obtains item(s) photographs from third party vendors and/or manufacturers on all or part of our site. We do not investigate to determine if information is accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Web site to be 100% accurate.

User Security

Access to Pool Quality online service is accomplished through the use of a username(your email address) and a password, which you will create. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Pool Quality promptly of any unauthorized use of your password and you will remain liable for any use of Pool Quality online service until you notify Pool Quality of the unauthorized use of your account.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Pool Quality reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Payment Policies

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your ACCOUNT. In the event a check is returned or electronic payment is denied, Pool Quality may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, Pool Quality may charge such amount directly to the credit card identified in your Customer profile and Pool Quality may suspend or terminate your access to Pool Quality's online site. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Pool Quality may incur in its efforts to collect any unpaid balances from you. Your right to use the Pool quality online site is subject to limits established by Pool Quality. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback, Pool Quality reserves the right to suspend or terminate your access to this site and your customer account.

Pool Quality also reserves the right to establish a credit limit for your account.

Account Information

Pool Quality secure server encrypts your credit card and other information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure server. Pool Quality will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you Pool Quality Services.

In servicing your account, Pool Quality, may also collect addresses, contact names, corporate names, division names, telephone numbers and fax numbers, as well as e-mail addresses. This data may be used by Pool Quality for the purpose of improving customer service and/or offering or providing products and services of Pool Quality. It is our policy that we would not provide collected data to third-parties outside of Pool Quality unless it is necessary to do so in order to enable us to provide an appropriate level of service to our customers.

Suspension of Service

Pool Quality may suspend or terminate the Pool Quality's online site (ecommerce store) at any time for any reason with or without notice to you. Pool Quality reserves the right to collect any outstanding fees and charges incurred before you cancel your Pool Quality online account.

Limitation on Liability

IN NO EVENT SHALL POOL QUALITY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF POOL QUALITY OR POOLQUALITY.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.

Internet Protocol (IP) Address

An IP address is a number that is automatically assigned to your computer every time you browse the Internet. When users request a page from our site, our servers log the user?s current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personal information about you. However, as users navigate the poolquality.com web site, their movements around the site may be monitored and analyzed in order to enable us to provide a Web site with improved functionality, usability and efficiency. These movements around the poolquality.com web site may also be monitored and analyzed to enable us to provide users with Pool Quality's specific customized information which we believe may be of interest as a result of their relationship with Pool Quality.

Cookies

“Cookies” are strings of text that a Web site transmits to a user’s computer. Cookies enable a Web site to keep track of a user’s preferences and activities relating to that Web site. Poolquality.com creates a cookie for each visit in order to facilitate your visit. When you create a customer profile a permanent cookie is used to remember the information in your profile. This cookie does not expire unless you deactivate your personal profile.

Poolquality.com uses cookies to authenticate your login, facilitate site navigation and track use of the site on an aggregate basis to improve and/or maintain services.

Delivery of Services

Pool Quality or poolquality.com currently provides service referenced in the “Orders” section on your account. Pool Quality or poolquality.com reserves the right to refuse delivery outside of our local and/or nationwide delivery area. Neither Pool Quality or poolquality.com is liable for delays or prevention of delivery due to unforeseen circumstances, or acts of nature. This may include weather conditions, traffic conditions, and / or mechanical difficulties.

Tax Exempt Transactions

This site does not support tax exempt transactions. All qualified tax exempt transactions can be made via phone and fax order or at our physical store.

Pool Quality is committed to excellence and our customer's 100% satisfaction.