PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEB SITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS AND CONDITIONS
If you do not agree with any of these Terms and Conditions, do not use this Web site or any other related Web sites. SCP Distributors, LLC and its parent, subsidiaries, and affiliates (collectively, the “Company,” “we,” “us,” or “our”) may these Terms and Conditions from time to time with or without notice to you. Your continued use of this Web site indicates your acceptance of any modifications to these Terms and Conditions.
Limitation of Liability
USE OF THIS SITE IS AT YOUR OWN RISK. IN USING THIS SITE, YOU UNDERSTAND THAT YOU ARE RELEASING COMPANY AND ALL THEIR OFFICERS, EMPLOYEES, AGENTS, OWNERS, AFFILIATES AND SUBSIDIARIES, WHETHER DIRECT OR INDIRECT (HEREAFTER "RELEASED PARTIES") FROM ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF THIS SITE. YOU AGREE THAT THIS WAIVER OF ALL LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES DUE TO COMPUTER VIRUSES THAT MAY ENTER YOUR COMPUTER EQUIPMENT DUE TO ACCESSING OR DOWNLOADING INFORMATION FROM THIS SITE, LOSS OF INFORMATION OR DATA, DAMAGES ARISING OUT OF SERVICE INTERRUPTIONS, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION RELATING TO YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER¬WISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If you are dissatisfied with any portion of the Web site, or with these Terms and Conditions or any other policy applicable to the Web site, your sole and exclusive remedy is to discontinue using the Web site. This sole and exclusive remedy is separate and independent of any other provision that limits Released Parties’ liability or your remedies.
Copyright and Trademark
All materials contained on the Web site or in any other mailings or distributions from Company, including, without limitation, text, graphics, logos, icons, images, audio clips, and software (together "Content") are copyrighted materials owned by or licensed to Company. The Web site, including all Content, is protected by international copyright laws and treaty provisions. You agree to comply with all copyright laws in your use of the Web site, and agree that the Web site and Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of portions of the Content solely for your personal use. In doing so, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content. Any other use of the Web site and the Content, including commercial use, modification etc., are strictly prohibited. No intellectual property rights are transferred to you by access to this site or otherwise.
Trademarks, service marks, and logos appearing on the Web site are the property of Company and its licensors, or the party that provided the trademarks, service marks, and logos to Company for inclusion on the Web site. Company, its licensors, or such other party retain all rights with respect to their respective trademarks, service marks, and logos.
The Web site may include links to third party web sites or resources. Company makes no claim or representation regarding, and shall not have any responsibility or liability for, the reliabili¬ty, quality, content, nature or accuracy of such third party web sites or resources. Company does not endorse any of the third party sites to which it links from the web site.
Rules for External Links to the Web Site
Company welcomes links to this site. You may establish a hypertext link, provided that the link does not state or imply any sponsorship or endorsement of your products or your site by Company. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Web site. Company may revoke this consent at any time, for any reason, and without notice. If you do link to the site, you should be aware that internal pages change frequently and without notice, and your link may be repositioned or deleted as a result.
Third Party Content
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available through this Web site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Web site by anyone other than its authorized employees acting in their official capacities.
End User Content
You agree that any communication or material you transmit to the site by electronic mail or otherwise, including questions, comments, data and suggestions (collectively, “Submissions”) becomes property of Company and will be treated as non-confidential and non-proprietary. Submissions may be used by Company for any purpose such as reproduction, disclosure, broadcast or posting and Company may modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Submissions and incorporate Submission in other works in any form, media, or technology now known or later developed without incurring any liability for royalties or any other consideration of any kind, and Company will not incur any liability as a result of any similarities that may appear in future Company operations.
Disclaimer of Warranties
Company endeavors to provide you with current, accurate and reliable information on the Web site. However, Company does not warrant the accuracy, completeness or usefulness of the information, text, links, or other items contained on this Web site, and Company expressly disclaims liability for errors or omissions in these materials. Company makes no commitment to update the information contained on this Web site. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, REDHIBITON, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR OR VIRUS FREE OR THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR ERROR FREE. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers, if any. Some jurisdictions do not allow the exclusion of implied warranties in certain situations, so the foregoing disclaimer may not apply to you, either in whole or in part. Your use of this Web site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the Web site.
You may use the Web site solely for personal, non-commercial purposes. You may not use this Web site for any other purpose. For example, you may not co-brand or frame this site, without the express prior written permission of Company.
While using the Web site you agree not to violate any applicable law or regulation, or access, tamper with, or use nonpublic areas of the Web site or Company computer systems.
Designated Agent For Notice of Infringement Claims
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company’s Agent for Notice listed below with the following infor¬mation in a written notice:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Company site, with enough detail that we may find it on the Web site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Company’s designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Name of Agent for Notice: Customer Service/Marketing
By mail: 109 Northpark Boulevard, Covington, LA 70433
By phone: (888) GRO-POOL
By email: email@example.com
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
This site is controlled, operated and administered by Company from its offices within the United States of America. Company makes no representation that materials at this site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
The failure of Company to enforce any provision in these Terms and Conditions shall not constitute a waiver of such provision.
The Terms and Conditions and the other policies stated on the Web site, comprises the entire agreement between you and Company regarding this subject matter and supersedes all prior or contemporaneous negotiations, discus¬sions or agreements, if any, between the parties regarding the subject matter contained herein
You have relied upon no representation or statement contradicting this waiver in agreeing to access this Web site, unless in writing and signed by a duly authorized agent of Released Parties.
YOU AGREE TO ALL ABOVE TERMS AND CONDITIONS, AND YOU AGREE TO HOLD HARMLESS RELEASED PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM YOUR ACCESS AND USE OF THIS SITE AND THE PRODUCTS OR SERVICES FEATURED IN IT. BY ENTERING THIS SITE, YOU VERIFY THAT YOU HAVE READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS WITHOUT RESERVATION.
The consumer pool information contained in this Web site is intended, in part, to alert the reader to certain pool maintenance issues. You should consult your local Company branch or a local pool professional for relevant information regarding your particular circumstances, climate and geography. The information contained herein is not intended as a substitute for professional consultation regarding pool installation, pool maintenance or pool repair. If professional assistance is required, the services of a competent professional person should be sought.
Pricing and Availability
Any pricing information listed on this Web site is subject to change without notice. Certain items listed as part of our inventory herein may be discontinued or may be unavailable in some areas. Not all items listed herein are kept in stock for immediate delivery.
The information contained in this Web site is provided for informational purposes only. While we have tried to provide accurate and timely information, there may be inadvertent inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
Nothing contained in this Web site constitutes investment advice.
All sales of products listed herein are subject to our usual terms and conditions of sale.