Terms & Conditions
1. Acceptance of Terms of Use. Welcome to Star-Pool.com. This web site is provided by Star-Pool.com and its parent company (herein referred to as the "Site", "Star-Pool.com", "we", or "us") as a service to our customers. Please note that your visiting and use of the Star-Pool.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. By using this Site, or accessing any information on this Site, you agree to these Terms of Use. If you do not agree to the following Terms of Use, do not use the Site or download any materials from the Site. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. These Terms of Use constitute the entire and only agreement between us and you regarding your use of this Site. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of these Terms of Use, are specifically disclaimed. These Terms of Use may be amended at any time by us without notice to you. These Terms of Use will be updated periodically and you should review these Terms of Use prior to using this Site, and again from time to time when you return to this Site.
2. Limited Right to Use the Site. Your activities on the Star-Pool.com site shall not violate any law, statute, ordinance or regulation. We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.
3. Suitability of Use Disclaimer. It is the user's sole responsibility to determine suitability of use of any products purchased through the Site. Since we cannot know all of the uses to which its products may be put, or the conditions of use, we make no warranties concerning the fitness or suitability of the products for a particular use or purpose. You should thoroughly test any proposed use of our products and independently conclude satisfactory performance in your application. Likewise, if the manner in which our products are used requires government approval, clearance, or professional installation from licensed third parties you must obtain it. Star-Pool.com and it's parent company warrants only that its products will meet its specifications. There is no warranty of merchantability or fitness for use, nor any other express or implied warranty. The user's exclusive remedy and the Site's sole liability is limited to refund of the purchase price or replacement of any product shown to be otherwise than as warranted, subject to our Return Policy. Star-Pool.com will not be liable for incidental or consequential damages of any kind.
4. Limitations on Information. In creating this Site, we have made a determined effort to present its contents accurately. However, reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise).
5. No Effect on Agreements. This site shall be used for informational and or educational purposes only, and nothing in the Star-Pool.com site shall be construed to add or modify terms or any existing or future agreements with Star-Pool.com or its parent company.
6. Indemnification. You agree to indemnify, defend and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms of Use and/or your use of the Site.
7. Governing Law. The laws of the State of Florida, excluding its conflicts of law rules shall govern any dispute with respect to the Star-Pool.com Web site. All visitors to the Star-Pool website automatically submit to the exclusive jurisdiction of the State and/or federal courts of the State of Florida.
8. Third Party Sites. The Site may contain links to other web sites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the content, accuracy or opinions expressed in such web sites, and we have not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third-party sites, you do so entirely at your own risk.
9. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the appearance of this Site, are protected under applicable copyrights and other proprietary rights (including but not limited to intellectual property rights) and are our property. You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site.
10. Use of Information Provided by the User. We reserve the right, and you authorize us, to use all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Policy. By submitting material to us in any form, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us the right to edit, copy, display, publish and distribute any materials made available on the Site by you. Pool-Star.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Star-Pool.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Star-Pool.com for all claims resulting from any Comments you submit. Star-Pool.com takes no responsibility and assumes no liability for any comments submitted by you or any third party.
11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. Neither we nor our affiliates shall be liable to you for any damages, including without limitation, indirect, special, incidental, or consequential damages, that may result from any violation of the Privacy Policy.
12. Acceptance of Orders. There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
13. Pricing and Content Information. While we strive to provide accurate pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, Star-Pool.com shall have the right, at Star-Pool.com's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We do not price match with any other online or offline retailer. We focus our efforts on maintaining highly competitive prices and review them regularly in order to provide you with great value.
14. Merchandise Content. We attempt to be accurate in product descriptions. However, Star-Pool.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition as per our return policy.
15. Quantity Limits Star-Pool.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
16. No Warranty and Disclaimer of Liability. a) THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THIS SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED AT THIS SITE.
(b) NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE. FURTHER, AND WITHOUT LIMITATION, NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
(c) YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
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