Terms and Conditions

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. Pool Disk, 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.

Links
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 reliability, 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”) become 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, 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. 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.

User Conduct
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 information 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:

By phone:

By email:

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.

International Users
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.

Miscellaneous Provisions
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, discussions or agreements, if any, between the parties regarding the subject matter contained herein

The laws of the State of Louisiana and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions, the Privacy Policy or any other policy contained on the Web site.

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.

Consumer Information
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 maintenance. 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.

Disclaimer
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.

Copyright ©2009 Pool Disk, LLC. All rights reserved.

We are committed to protecting the online privacy of visitors to our websites. This Policy does not cover any interaction you may have with us by telephone, postal mail, or other offline communications. Our website is not designed for use by children. We ask that anyone under the age of thirteen not submit any personal information through our websites. We do not knowingly collect any personal information from children under the age of thirteen, and therefore we do not knowingly distribute such information to third parties.

I. Information That We Collect

Personal Information
At various locations on our websites, we may request that you supply us with "personal information," such as your name, email address, mailing and shipping addresses, home or work telephone number, and/or credit card information. You will always know when we are collecting personal information because we only collect personal information when you voluntarily submit it to us. If you do choose to give us personal information through our websites, we will collect and retain that information.

Non-Personal Information
When you use our websites, we may also collect "non-personal information," which is information that, by itself, cannot be used to identify or contact you, such as demographic information (such as your age, gender, income, education, profession, zip code, etc.) or technical information (such as your IP address, the type of browser you are using, the websites you visit immediately before and immediately after you visit our websites, and other anonymous data involving your use of our websites). Non-personal information may also include information that you provide us through your use of our websites, such as the terms you enter into the search functions of our websites.

Cookies
We use "cookies" to enhance your visits to our websites. Our cookies can store your password, personalize pages, and keep track of selections, such as your time zone and episode selections, or items you have placed in a "shopping cart."

II. How We Use the Information We Collect

Our Services and Websites
We use your personal information to provide you any services that you may request or require, to communicate with you, to allow you to make purchases, and to allow you to participate in online contests, surveys and games. We use aggregated non-personal information about our users to understand our website's demographics, such as the percentage of male and female users, the geographic distribution of our users, the age ranges of our users, or a combination of these or other demographics. We use the non-personal information we collect to analyze how our websites are being used, and to improve the content of our websites, online product offerings, and marketing and promotional efforts.

Email Communications
If you send us an email with questions or comments, we may use your personal information to respond to your questions or comments, and we may save your questions or comments for future reference. There may be times when you will have the opportunity to subscribe to an email list or electronic newsletter that will send information about our websites or our advertisers to your email address. However, we will provide you with the option to change your preferences and opt-out of receiving those communications by clicking the "unsubscribe" link included in the email. If you unsubscribe, we will make reasonable efforts to discontinue these email communications as soon as practicable.

III. Disclosure of Information to Third Parties

Affiliates and Non-Affiliates
Except as specifically set forth in this Policy, we do not share your personal information with any non-affiliated third party without your permission. We may disclose aggregate information, such as demographic information, and our statistical analyses to third parties, including advertisers or other business partners. This aggregate information does not include your personal information.

Service Providers
We sometimes engage unaffiliated businesses to assist us in providing you certain services. In those instances, we may need to share your personal information with them.

Business Transactions
We may buy, sell or combine with other businesses. If so, personal and non-personal information that we or other businesses have collected will likely be transferred as part of the transaction.

Third Party Advertisers
We use third-party advertising companies to deliver specific advertisements to you, which appear on pages throughout our websites. These companies collect non-personal information about your visits to our websites and other websites in order to provide advertisements about products and services that may be of interest to you. These companies may also aggregate your non-personal information for use in targeted advertising, marketing research, and other similar purposes. These companies may place their own cookies on your computer.

Other Disclosures
We may disclose personal information when we are required or requested to do so by law, court order or other government or law enforcement authority or regulatory agency; to enforce or apply our rights and agreements; or when we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of mypoolparts.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may share your personal information with our subsidiaries and affiliates.

IV. Security of the Information We Collect

The security of your personal information is important to us. We maintain physical, electronic, and procedural safeguards to secure your personal information. However, there is always some risk in transmitting information electronically. As we deem appropriate, we use security measures consistent with industry standards. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Of course, any information you post to any message board, discussion group, or other public posting area on our websites is available to anyone with Internet access.

V. Accuracy of the Information We Collect

Any questions you may have regarding our Privacy Policy, the accuracy of your personal information or the use of your personal information, or any requests that we correct, update, or remove your information in our databases, should be directed via email to privacy@poolcorp.com. After receiving a request to change your information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate our website will be updated as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active website databases. In addition, it is not technologically possible to remove each and every record of the information you have provided to us. A copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate. We reserve the right to change this Policy at any time, and will post any changes to this Policy as soon as they go into effect. Please refer back to this Policy on a regular basis.