Terms and Conditions for shopping at Pool Spa Outpost.
TERMS AND CONDITIONS:
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We reserve the right to refuse service to anyone for any reason at any time.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Prices and product availability are subject to change without notice. In the event a product becomes unavailable through one of our vendors, suppliers or warehouses, the customer will be notified of the additional waiting period or offered an opportunity for a full refund.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Cover Orders: Hot tub covers are custom-made to your specifications and measurements.
Covers are delivered with a full manufacturer's warranty, but are not returnable.
Contact us by email if you need a cover for Canada, Europe or Australia.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Cardholder acknowledges and agrees that the Company Pool Spa Outpost is relying on the validity of the card being presented to complete this transaction and agrees to the following terms and conditions by proceeding to the “Buy Now” stage.
See shipping policy for details on shipping.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any provision of payment information is the responsibility of the cardholder and COMPANY will be held harmless in all respects. Cardholder understands they have a fiduciary duty to safeguard any payment cards registered to them in a secure place and report misplaced or stolen cards immediately and agrees to reimburse COMPANY for any credit or debit cards offered as payment that have not been reported as lost or stolen to their financial institution.
Cardholder acknowledges and understands that COMPANY is relying on the veracity of all payment information being provided and that authorization from the payment card company constitutes full and final proof of the liability of the cardholder for any and all financial obligations.
Cardholder agrees to pursue all avenues with the COMPANY to resolve any and all claims through the company’s refund policies and in the event of the policy stating that no refunds will be given; cardholder relinquishes all rights to claim any full or partial refund amount.
Cardholder agrees to immediately reimburse COMPANY for any financial loss and all costs incurred in recovery of any amounts upon notification by COMPANY in the event of cardholder registering any claim outside of these terms and conditions.
Cardholder understands that COMPANY is utilizing reasonable security measures to validate all transactions and that authorization of these transactions by the financial institution upon processing any transaction constitutes final proof of Cardholder’s liability.
Your online transaction is safe at PoolSpaOutpost.com.
Pool Spa Outpost never stores your credit card information and relies on secured merchant payment processing services to complete each transaction. Customer credit card information is not maintained or stored by any computers or devices under Pool Spa Outpost's direct control.
COMPANY also undergoes regular testing and checks related to the integrity of the merchant checkout process for your security.
Information provided on this website is on an "as-is" basis. This Company excludes all representations and warranties relating to this website and its contents including in relation to any inaccuracies or omissions on this website and or company literature. The Company excludes all liability for damages arising out of or in connection with your use of this website. This includes without limitation direct loss, loss of business, loss of property, personal injury,loss of profits, damage caused to your computer or software, systems and programs and the data theron or any other direct or indirect, consequential and incidental damages.
Service Related Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Pool Spa Outpost assumes no liability for the use of nor makes any warranty or guarantee regarding the accuracy, suitability or usefulness of purpose for the information provided herein. Service related advice is not intended to replace or substitute for the hiring or contacting suitable service personell. YOU EXPRESSLY AGREE TO HOLD Pool Spa Outpost AND ITS EMPLOYEES, VENDORS AND OWNERS HARMLESS FOR ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE INFORMATION PROVIDED.
No advice or information, whether oral or written, obtained by you from this website or our employees shall create any warranty not expressly made herein. The reader and consumer of this information agrees to assume all risk resulting from the application of any of the information provided herein. By using this website or any related properties linking to this website, the visitor agrees that the use of this website and its information is entirely at his/her own risk. Always hire competent professionals to complete any installation or service tasks.
CAUTION: Water and electricity do not mix. Any attempt at repairs around hot tubs and hot tub equipment that operates on electricity can cause injury, shock or electrocution, which could result in serious injury or even death. We strongly advise that hot tub electrical installation and wiring be referred to a licensed electrician. Local regulations and requirements may vary from the information provided on this website. The electrician or service person should consult the hot tub owner's manual and also any GFCI or electrical component owner's manuals and instructions.
Before performing any electrical service work, verify that the power to the spa is switched off at the house service panel. Improper wiring or servicing of the spa may damage equipment and void the manufacturer's warranty.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. This website takes part in the Amazon affiliate program as well as other affiliate programs and may direct you to Amazon in your country or to other third party vendors where certain products have been deemed to be more beneficial or lower priced than ones offered on this site. This service is provided to help you find the lowest possible price online.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Sometimes we send internet traffic to a third party that we are affiliated with such as Amazon, Walmart or other vendors where we may receive a little something from them if you buy the item, but the item never increases in price because of our relationship with the vendor, so in effect, they end up paying for the referral and we can show you some incredible deals we become aware of elsewhere online with no obligation on your part to purchase any products we refer you to.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our internet platform vendor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Pool Spa Outpost and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas and the United States of America.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@PoolSpaOutpost.com.
PoolSpaOutpost.com is owned and operated by Ecommerce Outpost LLC.