Términos del servicio

 

 

PRIVACY POLICY 


This Privacy Policy discloses the privacy practices of a group of affiliated companies that consists of the following:  Soul Provider, Inc., and PoolSaver.com, LLC (collectively, the “Affiliated Companies”, “we” or “us”).  Except where otherwise expressly indicated, this Privacy Policy applies to all of the Affiliated Companies and explains our practices for the collection, use, maintenance, protection, and disclosure of information that we may collect from you or that you may provide when you use a Website of any of the Affiliated Companies (each, a “Company Website” and collectively, the “Site”). 


This Privacy Policy applies  to information collected by the Site. The Privacy Policy does not apply to information collected (1) by us offline; (2) through any other website or any third party; (3) or by any party that may link to or be accessible via the Site. 


Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may not elect to use the Site. If you do not agree with our policies and practices, you should immediately refrain from using the Site. This Privacy Policy may change from time to time. Your continued use of the Site after we make changes is deemed to be an acceptance of those changes, so please check back periodically for updates. 


Contact


If you have additional questions after reviewing this Privacy Policy, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at orders@poolsaver.com or by mail at the below address: 


PoolSaver.com, 17397 Oak Ridge Rd, Suite 400, Westfield, IN, 46074, United States


Collecting Personal Information


When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. Please read our Privacy Policy and Terms of Use to understand our policies and practices regarding your information and how we will treat it. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.


  • Device information


Purpose of collection: to load the Site accurately, and to perform analytics on usage in order to optimize the Site. 


Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels. 


Disclosure for a business purpose: shared with our processor, Shopify/Stripe. This data may be used by us or by third parties to personalize your browsing experience and for the purpose of targeted advertising on our Site or other websites.  


Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site. 


  • Order information


We utilize Shopify to provide our e-commerce platform on the Site. When you interact with our e-commerce platform, in addition to the information we collect, Shopify may also collect certain information about you. Please see Shopify’s Privacy Policy for more information about the information they collect and process here: https://www.shopify.com/legal/privacy. 


Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.


Source of collection: collected from you.


Disclosure for a business purpose: shared with our processor, Shopify and Stripe. This data may be used by us or by our processors to personalize your browsing experience and for the purpose of targeted advertising on our Site or other websites.   


Personal Information collected: name, billing address, shipping address, payment information, email address, and phone number.


  • Customer support information


Purpose of collection: to provide customer support.


Source of collection: collected from you.

Personal Information collected: name, email address, phone number.


Use of Information


We use information that we collect about you or that you provide to us, including any personal information:


  • To present our Site and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your orders
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing.
  • To notify you about changes to our Site or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.


We may also use your information to contact you about our own goods and services. If you do not want us to use your information in this way, please contact us.


Minors


The Site is not intended for individuals under the age of (18). We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.


Sharing Personal Information


As noted above, this Privacy Policy explains our practices for the collection, use, maintenance, protection, and disclosure of information that we may collect from you or that you may provide when you use any Company Website.  When we collect information about you via your use of any Company Website, you acknowledge and agree that we may share this information with any or all of the Affiliated Companies. If you wish to remove your data from this sharing, please contact us.


We share your Personal Information with service providers and other third parties we use to support our business to help us provide our products and services and fulfill our contracts with you, as described above. For example, we may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We may also disclose Personal Information that we collect or you provide as described in this privacy policy:

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Site users is among the assets transferred.
  • To third parties to market their products or services to you where you have consented or not opted out of, as applicable, these disclosures. 
  • To fulfill the purpose for which you provide it. For example, where you provide us contact or payment information as part of a purchase on the Site, we may use that information to process your order.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your Personal Information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use, Terms of Service, terms of sale, and other applicable agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our business, our customers, or others. 

We may disclose aggregated information and information that does not identify any individual, without restriction. 


Advertising


As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:


  • We may use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information at https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.


  • We may share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We may collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).


For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.


You can opt out of targeted advertising by:


Using Personal Information


We use your Personal Information to provide our products and services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.


Lawful basis


Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your Personal Information under the following lawful bases:


  • Your consent;


  • The performance of the contract between you and the Site;


  • Compliance with our legal obligations;


  • To protect your vital interests;


  • To perform a task carried out in the public interest;


  • For our legitimate interests, which do not override your fundamental rights and freedoms.


Retention


When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. 


Automatic Decision-Making


If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.


We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Services that include elements of automated decision-making include:


  • Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
  • Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.


Selling Personal Information and CCPA 


Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides you with rights regarding how your data or Personal Information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their Personal Information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.


If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.


If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.


GDPR


If you are a resident of the EEA, the following rights may apply: the right to access (GDPR, Article 15); the right to rectification (GDPR, Article 16); the right to erasure (GDPR, Article 17); the right to restrict processing (GDPR, Article 18); the right to object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20). You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77). 


If you would like to exercise these rights, please contact us through the contact information above. 


Methods of Data Collection

We may use various technologies to collect information about your online activities over time and across third-party websites or other online services. The information we collect automatically may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to: (1) estimate our audience size and usage patterns, (2) store information about your preferences, allowing us to customize the Site according to your individual interests, (3) speed up your searches, (4) recognize you when you return to the Site, (5) optimize your user experience across the Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small piece of data placed on the hard drive of your computer to help us improve your access to the Site and to identify repeat visits to the Site. We also use cookies to track and target the interests of visitors to the Site and to otherwise enhance the experience on the Site. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site. Usage of a cookie is not linked to any Personal Information on our Site.



  • Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us to count users who have visited those pages or opened an e-mail and for other related statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).


  • Unique Identifiers: When you use or access the Site, we may access, collect, monitor, store on your device, and/or remotely store one or more “Unique Identifiers,” such as a universally unique identifier (“UUID”). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Site. Some features of the Site may not function properly if use or availability of Unique Identifiers is impaired or disabled.


  • Analytics Information: We use data analytics to ensure website functionality and improve the Site. We use mobile analytics software to allow us to understand the functionality of the Site on your phone. This software may record information such as how often you use the Site, what happens within the Site, aggregated usage, performance data, app errors and debugging information, and where portions of the Site were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.


  • Log File Information: When you use our Site, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Site, for example, when you visit our Site, sign into our Site, or interact with our email notifications. We may use log file data to provide, understand, and improve our Site, and to customize the content we show you. We may link this log file to other information that we collect about you via the Site.


  • Public Information: We may also collect information about you from publicly available sources. Information you make publicly available in any public or open forum, such as on a social network, may be considered public information for the purposes of this Privacy Policy, and may be accessed and collected by us. Please be aware that any content or information you share with or provide to third parties using or related to your use of the Site is neither private, nor confidential. We are not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it.


Any information that we collect automatically may be paired with Personal Information about you that we collect from other sources or you provide to us.

We process the information we collect about you automatically on the legal basis of our legitimate interests in providing the function or service you requested. We may rely on alternate legal bases where appropriate, such as your consent to certain types of processing.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.


Do Not Track


Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.


Changes


We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.


Complaints


As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.


If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. 


Last updated: [Date]


TERMS OF SERVICE


Overview


These Terms of Service apply to users of the websites operated by a group of affiliated companies that consists of the following:  Soul Provider, Inc. and Poolsaver.com, LLC (each, a “Company” and collectively, the “Affiliated Companies”, “we” or “us”).  Except where otherwise expressly indicated, these Terms of Service apply to all of the Affiliated Companies and will govern your use of a Website of any of the Affiliated Companies (each, a “Company Website” and collectively, the “Site”).  The Affiliated Companies offer the Site, including all information, tools, products and services available from the Site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our Site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” or “this agreement”), including those additional terms and conditions and policies incorporated by reference herein and/or by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms of Service carefully before further using our Site. 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 Site 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 our Site 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 Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.


Online Store Terms 


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 the Site.


You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of our Site, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms or viruses or any code of a destructive nature.


If you breach or violate any of the Terms, we may immediately terminate your right to further use the Site. 


General Conditions 


We reserve the right to refuse our services to anyone for any reason at any time.


You understand that any content that you provide to the Site or resulting from your use of the Site (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell, modify or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


Accuracy, Completeness and Timeliness of Information 


We do not guarantee that information made available on the Site is accurate, complete or current. The material on the 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 the Site is at your own risk.


The 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 the 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.


Modifications to Our Products and Services and Prices 


Prices for our products and services are subject to change without notice.


We reserve the right at any time to modify or discontinue our products or services (or any part thereof) without notice at any time.


We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our products or services. 


Products and Services 


Our standard practice is to ship products by ground, 3-5 day delivery.


Certain products or  services may be available exclusively online through a Company Website. These products and services may have limited quantities and are subject to return or exchange only according to the Return/Refund Policy of the applicable Company.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. 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 any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the 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 services will be corrected.


Accuracy of Billing and Account Information 


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 email 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.


You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. 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.


For details regarding returns or refunds of products purchased from a Company, please refer to the Return/Refund Policy of the applicable Company.


Option Tools 


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 provide access to such tools as a convenience to you and we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of the 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 or functionality through the Site (including the release of new tools and resources). Such new features, services or functionality shall also be subject to these Terms of Service.


Third-Party Links 


Certain content, products and services available via our Site may include materials from third-parties.


Third-party links on the 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.


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 applicable third party.


User Comments, Feedback, and Other Submissions 


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 posted to our Site that we determine in our sole discretion to be 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 Site. You may not use a false email 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.


Personal Information 


Your submission of Personal Information through the Site is governed by the policy statements in this document. 


Errors, Inaccuracies and Omissions 


Occasionally there may be information on our Site 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 on the Site is inaccurate at any time, without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.


Prohibited Uses 


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 Site 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 Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.


Disclaimer of Warranties; Limitation of Liability


We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.


You agree that from time to time we may remove the Site, or any portion thereof, for indefinite periods of time or cancel the Site, or any portion thereof, at any time, without notice to you.


You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site 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, other than any warranty that may be offered by the third party manufacturer of a product.


In no case shall any of the Affiliated Companies, its owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any 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 products or services procured using the Site, or for any other claim related in any way to your use of the products or services, 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 Site or any content (or product) posted, transmitted, or otherwise made available via the Site, 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.  Without limiting any of the foregoing, if any Company is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, or your use of the Site, the aggregate maximum liability of all the Affiliated Companies for all such claims and other matters will not exceed, in any calendar year, the greater of $100 and the price that you paid for the product or service that is the subject of your claim.


Indemnification 


You agree to indemnify, defend and hold harmless the Affiliated Companies and our affiliates, owners, 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.


Severability 


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.


Termination 


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).


Entire Agreement 


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 the Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, 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/Dispute Resolution 


These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to the conflicts of law provisions thereof. You expressly agree that any claim or controversy arising out of or related to these Terms or our Site shall be settled by binding arbitration to be held in Indianapolis, Indiana, before a single arbitrator, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Each party shall bear its own costs relating to such arbitration, and the parties shall equally share the arbitrator’s fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Indiana for the enforcement of this arbitration agreement and of any such award. The foregoing shall not preclude any Company from seeking any injunctive relief in any court of competent jurisdiction for protection of such Company’s intellectual property rights.


Changes to Terms of Services 


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 the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.


Contact Information 


Questions about the Terms of Service should be sent to us at orders@poolsaver.com.


Our contact information is posted below:

Poolsaver.com, LLC 

17397 Oak Ridge Rd , Suite 400 

Westfield IN 46074, United States

orders@poolsaver.com

(855) 454-0890