Pool and Spa Essentials Web Site Agreement
The PoolAndSpaEssentials.com Web Site (the "Site") is provided by Stickers Galore Inc, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. STICKERS GALORE INC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Stickers Galore Inc, PoolAndSpaEssentials.com, ACherryOnTop.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to Stickers Galore Inc a non-exclusive, royalty-free, worldwide, perpetual license, to reproduce, distribute, transmit, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PoolAndSpaEssentials.com by all means and in any media now known or hereafter developed. You also grant to PoolAndSpaEssentials.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Stickers Galore Inc for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PoolAndSpaEssentials.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of PoolAndSpaEssentials.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of Service/Site
You understand that, except for information, products or services clearly identified as being supplied by PoolAndSpaEssentials.com, PoolAndSpaEssentials.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for PoolAndSpaEssentials.com - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with PoolAndSpaEssentials.com a. You also understand that PoolAndSpaEssentials.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. POOLANDSPAESSENTIALS.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND STICKERS GALORE INC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. STICKERS GALORE INC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. POOLANDSAPESSENTIALS.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL STICKERS GALORE INC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF STICKERS GALORE INC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, STICKRESGALORE INC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PoolAndSpaEssentials.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- PoolAndSpaEssentials.com web site, please understand that it is independent from PoolAndSpaEssentials.com, and that PoolAndSpaEssentials.com has no control over the content on that web site. In addition, a link to a PoolAndSpaEssentials.com web site does not mean that PoolAndSpaEssentials.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Prices and Availability
The prices of the items on this website are listed by each item's description. Despite our best efforts, prices may be listed incorrectly due to human or computer error. In the event of a pricing error, we will NOT honor the incorrect "error" price. This policy applies to pricing on our website and our Newsletters. Known pricing errors will be published in the product description tab.
If you have completed a purchase with an incorrect price, and that price is lower than the actual item cost, we will at our discretion contact you for instructions before the shipment of that item, or cancel your order for that item and notify you of such cancellation.
If you have completed a purchase with an incorrect price, and that price is higher than the actual item cost, we will refund you the difference. This does not apply to regular price changes for our weekly sales.
We cannot adjust the prices of items due to listing errors, or guarantee the availability of any item prior to sale.
Product availability is listed by each item's description. We monitor and check product counts frequently; our software reduces available quantities when a product is sold. Though we strive for perfection, sometimes our product counts are incorrect. We do not back-order out of stock items. If an item is not available when we process your order, we will refund you the the amount of the out of stock item.
4. Terms and Conditions of Sale
When you place an order at Pool and Spa Essentials, A Division of Stickers Galore Inc, we will send you an e-mail confirming receipt of your order along with the product details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have shipped that product to you (“shipping confirmation e-mail”). That acceptance will be complete at the time we send the order confirmation e-mail to you. Any products on the same order which we have not been confirmed in a shipping confirmation e-mail do not form part of that contract. Pool and Spa Essentials, A Division of Stickers Galore Inc., is not liable for incorrect or invalid email addresses submitted.
Completing an order from Pool And Spa Essentials/A Cherry on Top/Stickers Galore Inc in any form constitutes acceptance of these terms and conditions.
5. Unauthorized Resale
We reserve the right to refuse any customer we suspect of unauthorized resale of any A Cherry on Top/Stickers Galore Inc products. Unauthorized reselling of these products is strictly forbidden, and will be considered a violation of these terms of agreement.
Pool and Spa Essentials/A Cherry on Top/Stickers Galore Inc also reserves the right to refuse sale to any customer we consider to be in violation of our terms of agreement.
6. Discount Codes and Special Offers
Discount codes apply to the regular, non-discounted price of each item. Free-shipping codes only apply to orders shipped within the continental United States. Some items are not subject to discounts. We reserve the right to deny any discounts or special offers that have been applied incorrectly, or that have expired. Discount codes may be used only once per customer unless otherwise noted, and expire 30 days after issuance unless otherwise noted.
Discount codes and special offers may not be combined, unless otherwise noted. Acceptance of any discount code by our website does not automatically mean we are obliged to honor that discount.
7. Returns Policy
Ordering from Pool and Spa Essentials/A Cherry on Top/Stickers Galore Inc automatically entails agreeing to our returns policy. No return will be accepted without an authorized RMA #. Returns must be sent to our Michigan office in their original condition within 30 days of product receipt. All returns after 30 days or without a valid RMA # will be processed at our discretion and may be subject to a 20% restocking fee. Refunds are usually processed within 14 days of receipt of a valid return. We do not exchange items because additional shipping costs are required. You may return most un-used/unopened product still in its original packaging within 30 days of purchase for a full refund. Due to certain DOT regulations, most chemicals cannot be returned. Liners, heaters and other large/heavy products may not be returned. Orders that are refused and/or returned may be subject to a 20% restocking fee. Shipping costs are not refundable. You must call in advance if returning pool products and accessories.
8. Indemnification
You agree to indemnify, defend and hold harmless Stickers Galore Inc, Pool and Spa Essentials, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
9. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Stickers Galore Inc, Pool and Spa Essentials, and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 8 (Indemnification), 9 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
11. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Stickers Galore Inc, Pool and Spa Essentials and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Stickers Galore Inc’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Stickers Galore Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
