Terms And Conditions

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Return Policy and Pricing Policy

Items may be returned within fourteen (14) days of receipt by you. Credit will be issued (excluding shipping costs) upon return of item(s) subject to the following terms: You must contact us via email giving us the order date and item number and we will respond within 2 business days with an RGA (Return Goods Authorization) number. No item will be accepted for return without this number. Return shipping costs are the customer's responsibility. Items for return must be unused, in their original packaging, presentable for sale, and with all warranty cards, manuals, etc. We cannot accept returns for chemicals, lights, battery powered vacuums, pumps, automatic cleaners, heaters and heat pumps. Please measure your pool before ordering liners and covers. Above ground pools, liners, winter covers, leaf net covers and solar covers, may not be returned if cartons are wet, opened or unfolded. Special order items are not returnable. Returned items are subject to a 25% restocking charge and all shipping costs. Orders refused at time of receipt are subject to a 25% restocking charge and all shipping charges. One-time price adjustments are available for items marked down within fourteen (14) days of the date on your purchase. Items purchased with coupons or promotional discounts are not eligible for price adjustments. To obtain a price adjustment on an online purchase, please contact us within the fourteen (14) day window, please include your name and order number.

3. Disclaimer of Product Pricing

ThePoolFactory.com, may at any time, change product pricing which has been erroneously displayed on the website. In the event of an error in pricing, the ThePoolFactory.com may cancel the orders or remove the items from the order. In the event of cancellation, all associated fees will be either credited to your account or refunded within 30 days. If the merchandise has been shipped, you have the right to pay the difference or return the merchandise. The customer is not entitled to merchandise at an erroneous price.

4. Order Times

Most orders are in stock and are shipped out in 24 to 48 hours. All orders received on Friday after 12pm EST will be processed the following Monday. Orders during the busy season (March thru June) may take slightly longer. Orders are occasionally drop shipped direct from the manufacturer to save time. If an item is backordered, you will be notified by email and have the option of canceling or substituting the backordered item.

5. Order Times for Above Ground Pools

Above ground pools are too large to be shipped through UPS, Federal Express or the USPS. A trucking company will deliver your pool with an estimated delivery time between 7 and 10 business days. (Business Days are Monday thru Friday.) When the shipment arrives at your local terminal, the carrier will call you to make an appointment before making the delivery to your home.

6. Shipping Details

Orders are shipped via UPS Ground or USPS Priority Mail. We only to ship to the 48 contiguous states. We do not ship to P.O. boxes.

7. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

8. Fraud

By agreeing to our terms and conditions, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your order can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by ThePoolFactory.com in its sole discretion.

9. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

10. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

11. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

12. Disclaimer

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

14. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

15. Third-Party Services

We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

16. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

17. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

18. Payments

You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

19. Links to Other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

20. Submissions

All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

21. Verify Members' Address

ThePoolFactory.com reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from ThePoolFactory.com.

22. Additional State-Specific Information

Information for California Residents

This section provides California residents with additional information regarding our collection, use and disclosure of their personal information that supplements the disclosures in our Privacy Policy above. This section uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations.

Categories of Personal Information Collected

We collect the personal information detailed in the “Personal Information We Collect” section above. This information includes the following categories of personal information as defined under California law:

• Identifiers
• Personal Information described in California Section 1798.80(e)
• Characteristics of protected classifications under California or federal law
• Commercial Information
• Internet or other electronic activity information
• Geolocation data
• Audio, electronic, visual, thermal, olfactory, or similar information
• Inferences
• Sensitive personal information, specifically: (a) log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, (b) precise geolocation information; and (c) personal information collected and analyzed concerning a consumer’s health.

Categories of Personal Information Disclosed for Business Purposes

The personal information we process varies based upon our relationship and interactions with you. We may disclose the categories of personal information described above for the business purposes outlined in “How and Why We Use Personal Information.”The recipients to whom we may disclose your personal information (and that may have received such information during the last 12-months) for business purposes include: our affiliates and subsidiaries; order processing, fulfillment, shipping, and logistics vendors; payment processors and financial institutions; analytics and research vendors; information technology vendors; fraud prevention and security vendors; vendors supporting legal, compliance, accounting, audits and other internal functions; and certain marketing and advertising vendors.

Categories of Personal Information Shared with Third Parties

We share your personal information with third parties (such as marketing and advertising networks and social platforms) for behavioral advertising or with other third-party partners in accordance with your privacy settings and/or consent. These types of disclosures of your personal information may be deemed a “sale” or “sharing” of your personal information under California privacy laws. California privacy laws define a “sale” as disclosing or making available personal information to a third party in exchange for monetary or other valuable consideration, and “sharing” broadly includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising or with affiliates and business partners. The Pool Factory does not disclose, sell, share, or rent your personal information to third parties in exchange for money or compensation. Further, we do not “sell” or “share” sensitive personal information, nor do we “sell” or “share” any personal information about individuals who we know are under the age of 16. Below is an overview of categories of third parties with whom we share your information and the categories of personal information they receive:

Categories of Third Parties	Categories of Personal Information
Advertising and Social Platforms and Networks	Identifiers Device information Online Activity and Browsing Information Inferences
Third Party Partners Connected to Your Membership (in accordance with your privacy settings and/or your consent)	Identifiers Commercial Information Inferences

Privacy Rights

California residents have the following rights with respect to their personal information:

• To know what personal information is collected
• To access personal information
• To correct personal information
• To delete personal information
• To opt-out of the “sale” of personal information
• To opt-out of “sharing” of personal information for cross-context behavioral advertising
• To non-discrimination